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  • Special Category Status and States

    AP approaches SC over Three Capitals Issue

    | Polity | Mains Paper 2: Federalism

    capitals

    After much discontent on the High Court (HC) verdict in the three capitals case, the Andhra Pradesh government has finally challenged it in the Supreme Court through a special leave petition (SLP).

    AP’s move for three capitals

    • AP had introduced a ‘Three Capitals Act’ titled Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
    • Thus, it was decided that:
    1. Amaravati was to be the Legislative capital
    2. Visakhapatnam the Executive capital and
    3. Kurnool the Judicial capital
    • However, the Andhra Pradesh High Court repealed this Act citing that the legislature has no competence to enact any law for shifting the three organs of the capital.

    Concerns raised by AP government

    • AP contended that the judgement was in violation of the basic structure of the Constitution as the HC cannot hold that the State does not have the powers to decide on its capital.
    • The judgement was against the doctrine of separation of powers as it sought to preempt the legislature from taking up the issue (of three capitals).
    • Further, it is argued that under the federal structure of the Constitution, every State has an inherent right to determine where it should carry out its capital functions from.

    Reasons for AP’s consideration

    (1) Viable option of Visakhapatnam

    • Vizag always had been the biggest city, after Hyderabad, even in the combined State.
    • It has all the settings to become a good living space.

    (2) Sri Krishna panel recommendations

    • The advantages and qualities of Visakhapatnam to become the capital was elaborately deliberated by the Sri Krishna Committee to study the alternatives for a new capital for the State of Andhra Pradesh.
    • Coming to suggestion for the alternative capital, the Committee primarily took up three things for consideration — creation of single city or super city in greenfield location, expanding existing cities and distributed development.

    (3) Decentralisation

    • This idea was elaborately described in the Sri Bagh pact.
    • The pact clearly defined decentralisation, for the benefit of all three main regions such as Coastal AP, Godavari and Krishna districts and Rayalaseema.

    Major practical problems

    • Continuum of work: The government argues that the Assembly meets only after gaps of several months, and government Ministers, officers, and staff can simply go to Amaravati when required.
    • Logistics nightmare: coordinating between seats of legislature and executive in separate cities will be easier said than done.
    • Time and costs of travel: The distances in Andhra Pradesh are not inconsiderable. Executive capital Visakhapatnam is 700 km from judicial capital Kurnool, and 400 km from legislative capital Amaravati.

    Examples of multi-capital states in India

    • Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which holds the winter session of the state assembly).
    • Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
    • The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals where Darbar Move is carried out.

    Back2Basics: Special Leave Petition

    • SLP hold a prime place in the Indian judicial system.
    • It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.
    • It has been provided as a “residual power” in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
    • Article 136 vests the Supreme Court of India with a special power to grant special leave, to appeal against any judgment or order or decree.
    • It is discretionary power vested in the Supreme Court of India and the court may in its discretion refuse to grant leave to appeal.
    • The aggrieved party cannot claim special leave to appeal under Article 136 as a right, but it is privilege vested in the Supreme Court to grant leave to appeal or not.

     

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  • Electoral Reforms In India

    Vacant offices, unaware office-bearers: curious case of delisted parties

    | Polity | Mains Paper 2: Representation Of People’s Act

    The EC has been on a mission to clean up the list of registered unrecognized political parties, deleting 284 since May for either being untraceable during a physical check or not responding to communications.

    Why de-list political parties?

    • The news highlights the tale of a Bharatiya xyz Party.
    • Its registered address, the ground floor of a Delhi Development Authority flat, has been home to a family since they purchased the house in 2008.

    When is a party de-registered?

    • The EC’s recent order has highlighted that a party must contest an election within five years of its registration, and should continue to contest thereafter.
    • If the party does not contest elections continuously for six years, the party shall be taken off the list of registered parties.

    Registering a Political Party

    • The registration of all political parties is governed by the provisions of the Representation of the People Act, 1951.
    • According to the Election Commission (EC), any party seeking registration has to submit an application to the Commission within a period of 30 days.
    • This is done as per guidelines prescribed by the EC in exercise of the powers conferred by Article 324 of the Constitution and Section 29A of the RP Act, 1951.

    Note: There is no procedure available for de-registration of dormant political parties.

    Process of registration

    • The applicant is asked to publish a proposed party name in two national daily newspapers and two local daily newspapers, and provide two days for submitting objections, if any.
    • The notice for publication is also displayed on the website of the Election Commission.

    Why registering with the EC is important?

    • It is not mandatory to register with the Election Commission.
    • However, registering as a political party with the EC has its advantage in terms of intending to avail itself of the provisions of the RP Act, 1951.
    • The candidates set up by a political party registered with the EC will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates.
    • More importantly, these registered political parties, over course of time, can get expanded recognition as a ‘state party’ or a ‘national party’.

    How EC recognises a political party as a state or national party?

    For recognition as a NATIONAL PARTY, the conditions specified are:

    1. a 6% vote share in the last Assembly polls in each of any four states, as well as four seats in the last Lok Sabha polls; or
    2. 2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states; or
    3. recognition as a state party in at least four states.

    For recognition as a STATE PARTY, any one of five conditions needs to be satisfied:

    1. two seats plus a 6% vote share in the last Assembly election in that state; or
    2. one seat plus a 6% vote share in the last Lok Sabha election from that state; or
    3. 3% of the total Assembly seats or 3 seats, whichever is more; or
    4. one of every 25 Lok Sabha seats (or an equivalent fraction) from a state; or
    5. an 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls.

    Benefits for recognized parties

    • This is subject to the fulfilment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968.

    (a) Reserved Sybol

    • If a party is recognised as a ‘state party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised.
    • If a party is recognised as a ‘national party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.

    (b) Proposer for nomination

    • Recognised ‘state’ and ‘national’ parties need only one proposer for filing the nomination.

    (c) Campaigning benefits

    • They are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over state-owned Akashvani/Doordarshan during the general elections.

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  • Terrorism and Challenges Related To It

    China blocks listing of Lashkar ‘commander’ Sajid Mir at UNSC

    | Security Issues | Mains Paper 3: Organized Crime & Terrorism

    1267 list

    For the third time in three months, China blocked a joint India-US attempt to put a Pakistan-based terrorist on the UN Security Council’s 1267 list.

    What is the UNSC 1267 list?

    • The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
    • It came to force in 1999, and strengthened after the September, 2001 attacks.
    • It is now known as the Da’esh and Al Qaeda Sanctions Committee.

    What is UNSC 1267 committee?

    • It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
    • The 1267 list of terrorists is a global list, with a UNSC stamp.
    • It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
    • It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.

    How is the listing done?

    (1) Submission of Proposal

    • Any member state can submit a proposal for listing an individual, group, or entity.
    • The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.

    (2) Actual decision

    • Decisions on listing and de-listing are adopted by consensus.
    • The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
    • An “objection” means rejection for the proposal.

    (3) Putting and resolving ‘Technical Holds’

    • Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
    • During this time, other members may also place their own holds.
    • The matter remains on the “pending” list of the Committee.
    • Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
    • At the end of this period, if an objection is not placed, the matter is considered approved.

    Why is India furious this time?

    • Recently PM Modi and Xi Jinping attended the Shanghai Cooperation Organisation (SCO) summit in Samarkand.
    • The grouping had agreed to take strong and consolidated action against terrorism in the region.
    • Despite this, China has exposed its double standards on the issue of terrorism for consistently stopping the listing of Pakistan-based terrorists.
    • This is again very surprising movement by China by putting a ‘Technical Hold’.

    Here is a timeline of how China disrupts the global efforts against terrorism:

    • 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
    • 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
    • 2017: The trio moves a third proposal only to be blocked by China again.
    • 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
    • June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
    • August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.

    Conclusion

    • China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
    • This clearly depicts its care for its vassal state Pakistan.

    Back2Basics: United Nations Security Council

    • The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
    • Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
    • It is the only UN body with the authority to issue binding resolutions to member states.
    • The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
    • These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
    • The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.

     

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  • Modern Indian History-Events and Personalities

    How Hyderabad became a part of India?

    Prelims Only | | Mains Paper 1: Modern Indian History

    The Government of India began its year-long celebrations for the ‘Telangana Liberation Day’ on September 17, marking how on the same day in 1948, the state of Hyderabad got its independence from Nizam’s rule, as said in a press release.

    Why in news?

    • From 1911 to 1948, Nizam Mir Usman Ali, the last Nizam of Hyderabad, ruled the state composed of Telangana and parts of present-day Karnataka and Maharashtra (Marathwada).
    • While these states mark the Liberation Day officially, Telangana has never done so.

    Hyderabad’s accession into India: A backgrounder

    (1) Reluctance of Nizam

    • At the time of India’s independence, British India was a mix of independent kingdoms and provinces that were given the options of joining India, Pakistan, or remaining independent.
    • One among those who took a long time to make a decision was the Nizam of Hyderabad.
    • Believed to be one of the richest people in the world at the time, the Nizam was not ready to let go of his kingdom.

    (2) Sufferings for the people

    • Meanwhile, the majority population of Hyderabad state was far from enjoying the same kind of wealth as the Nizam did.
    • The feudal nature of the state at the time caused the peasant population to suffer high taxes, indignities of forced labour, and various other kinds of exploitation at the hands of powerful landlords.

    (3) Lingual friction

    • There was also a demand by the Andhra Jan Sangham for Telugu to be given primacy over Urdu.
    • By the mid-1930s, apart from a reduction in land revenue rates and the abolition of forced labour, introducing Telugu in local courts became another important issue.

    (4) Mass movement

    • Soon after the organisation became the Andhra Mahasabha (AMS), and Communists became associated with it.
    • Together, the two groups built a peasant movement against the Nizam that found local support.

    Who were the Razakars and the Ittehad-ul-Muslimeen?

    • By October 1946, the Nizam banned the AMS.
    • A close aide of the Nizam, Qasim Razvi, leader of the Ittehad-ul-Muslimeen, became closely involved in securing the Nizam’s position.
    • The Ittehad-ul-Muslimeen was a political outfit that sought a greater role for Muslims in the early 20th century, but after Razvi took over the organisation, it became extremist in its ideology.
    • It was under him that a militia of the ‘Razakars’ was formed to suppress the peasant and communist movement, launching a brutal attack.
    • Around this time, the Standstill Agreement was also signed between the Nizam and the Indian government in November 1947, declaring a status quo.
    • This meant that until November 1948, the Nizam could let things be as they were and not finalise a decision as negotiations with the Indian union continued.

    How did the situation escalate to military action?

    • In the first half of 1948, tensions grew as the razakar leaders and the government in Hyderabad began to speak of war with India and began border raids with Madras and Bombay Presidencies.
    • As a response, India stationed troops around Hyderabad and began to ready itself for military intervention.

    India commences Operation Polo

    • With the Nizam importing more arms and the violence of the Razakars approaching dangerous proportions, India officially launched ‘Operation Polo’ on September 9 and deployed its troops in Hyderabad four days later.
    • On September 17, three days after the deployment, the Nizam surrendered and acceded to the Indian Union in November.
    • India has decided to be generous and not punish the Nizam.
    • He was retained as the official ruler of the state and given a privy purse of five million rupees.

    The legacy of Operation Polo

    • It has also been said that the army’s march into Hyderabad did not just target the razakars and the radical extremist forces.
    • A four-member goodwill mission led by Pandit Sunderlal was constituted by the then Prime Minister.
    • At the request of then PM Nehru, a month was spent in Hyderabad in November 1948 where evidence was gathered and at the end, a report was filed.
    • Estimated thousands of people died in communal violence during the military action.

    Why debate now?

    • The debate about whether the day of independence was about integration into the Indian union after months of negotiations, or liberation from an autocratic monarch has continued.
    • Hyderabad’s history continues to affect today’s politics.
    • After Qasim Rizvi left India for Pakistan, the organisation was handed over to Abdul Wahed Owaisi, the grandfather of a present day Parliamentarian.
    • And communal-sectarian politics is storming up the city of Hyderabad leading to religious tensions.

     

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  • Modern Indian History-Events and Personalities

    100 years of periyar because of whom tamil nadu became modern and progressive

    op-ed snap | | Mains Paper 1: Modern Indian History

    PeriyarContext

    • We celebrate Periyar E.V. Ramasamy’s birth anniversary (September 17) as Social Justice Day.

    Who is periyar?

    • Erode Venkatappa Ramasamy, revered as Periyar or Thanthai Periyar, was an Indian social activist and politician who started the Self-Respect Movement and Dravidar Kazhagam. He is known as the ‘Father of the Dravidian movement’. He rebelled against Brahminical dominance and gender and caste inequality in Tamil Nadu.

    Who started self-respect movement?

    • The self-respect movement was founded by V.Ramaswamy Naicker, commonly known as Periyar. It was a dynamic social movement aimed at destroying the contemporary Hindu social order in its totality and creating a new, rational society without caste, religion and god.

    PeriyarWhy Periyar is called as vaikom hero?

    • V. Ramasamy Periyar led the famous Vaikom Sathya Graha in 1924, where the people of down trodden community were prohibited to enter into the temple. Finally the Travancore government relaxed such segregation and allowed the people to enter into the temple. Hence periyar was given the title of ‘Vaikom Hero’.

    Leadership at a critical juncture

    • The satyagraha began with the active support of the Kerala Pradesh Congress Committee.
    • Within a week all its leaders were behind bars. George Joseph sought directions from Gandhi and C. Rajagopalachari. He also wrote to Periyar pleading with him to lead the satyagraha.
    • Periyar was in the midst of political work. As he was then the president of the Tamil Nadu Congress Committee, Periyar handed over temporary charge to Rajaji before reaching Vaikom in 1924.
    • From that date to the day of the victory celebrations in 1925, he was in the struggle giving it leadership at a critical juncture.

    PeriyarPeriyar’s role

    • Against violence – Periyar presided over the satyagraha in the face of violence and indignity inflicted by the orthodox and the repression of the police.
    • Mobilising – To mobilise support, he visited villages in and around Vaikom and delivered public speeches in several towns.
    • Gandhi – When the Kerala leaders asked for Gandhi’s permission to make the satyagraha an all-India affair, Gandhi refused saying that volunteers from Tamil Nadu would keep it alive.
    • In reports – the British Resident said in his report to the government of Madras: “In fact, the movement would have collapsed long ago but for the support it has received from outside Travancore…”
    • Historian T.K. Ravindran — observes that Periyar’s arrival gave “a new life to the movement”.

    His Vision for the future

    • Ideas on rationality: When he presented his thoughts, there was nuance, honesty, and an explicitness, which prompted even people practising different faiths to discuss and debate his ideas on rationality and religion.
    • Freedom of expression: Periyar himself said, “Everyone has the right to refute any opinion. But no one has the right to prevent its expression.”
    • Eradication of social evils: Periyar is often referred to as an iconoclast, for the rebellious nature of his ideas and the vigour with which he acted. His vision for the future was a part of all his actions. He did not merely aim at the eradication of social evils; he also wanted to put an end to activities that do not collectively raise standards of society.

    Foundation of rationalism

    • He understood the evolution of political thought: Periyar’s vision was about inclusive growth and freedom of individuals. He was an important ideologue of his day because of the clarity in his political stand. More importantly, he understood the evolution of political thought and was able to glide through time with this.
    • He presented rationalism as a solid foundation: For thinking along these lines. He said, “Wisdom lies in thinking. The spearhead of thinking is rationalism.” Periyar was way ahead of his time.
    • Concern towards poor: “Whomsoever I love and hate, my principle is the same. That is, the educated, the rich and the administrators should not suck the blood of the poor.”
    • Periyar proclaimed that he would always stand with the oppressed: In the fight against oppressors and that his enemy was oppression. There have been several social reformers in Tamil Nadu who shared their revolutionary thoughts with the people in the past century. In that spectrum, Periyar occupies a unique place because he made interactions of multiple worlds possible.

    Periyar said, “Any opposition not based on rationalism or science or experience, will one day or other, reveal the fraud, selfishness, lies, and conspiracies.”

    Conclusion

    • His works against the Bhraminical dominance, oppression of women in Tamil Nadu, caste prevalence are exemplary. Periyar promoted the principles of rationalism, self-respect, women’s rights and eradication of caste. He opposed the exploitation and marginalisation of the people of South India and the imposition of what he considered Indo-Aryan India.

    Mains question

    Q.Discuss the future vision of periyar by discussing his role in vaikom satyagraha. Do you think he has placed foundation of rationalism in Tamil Nadu?

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  • Mother and Child Health – Immunization Program, BPBB, PMJSY, PMMSY, etc.

    How lower fertility rate hampers demographic dividend in number of ways

    op-ed snap | Indian Society | Mains Paper 1: Population & Associated Issues

    fertility rateContext

    • Though the Global population, in terms of numbers, has been steadily increasing the average global fertility rate has been consistently declining over the past 70 years.

    What Reports say?

    • Reports suggest that the global population could grow to around 8.5 billion in 2030.
    • According to the World Population Prospects 2022, Average number of children per woman in the reproductive age group has declined by 50%, from an average of five children per woman in 1951 to4 children in 2020.

    What is Fertility?

    • Fertility is the quality or state of being fertile.
    • Fertility is the ability to reproduce through normal sexual interaction. In other words it is the natural capacity to conceive a biological child.
    • Fertilitychanges with age. Both males and females become fertile in their teens following puberty.

    fertility rate What is fertility rate?

    • The number of live births in women over a specific length of time.
    • Total fertility rate is the average number of children born to a woman during her lifetime.

    Recent findings

    The newly released World Population Prospectus notes that the global fertility rate fell from three in 1990 to 2.3 in 2021.

    Overview of fertility dynamics

    • Reason: Speeding up the social phenomenon of demographic transition.
    • Poorer countries: speeding up the Transition a lot faster than the richer ones.
    • Britain: Took 130 years to transition from a fertility rate of five per woman in 1800 to two in 1930, whereas
    • South Korea: Took 20 years from 1965 to 1985 to achieve the same. South Korea reporting the lowest fertility rate, 1.05 children per woman.
    • Most advanced economies: Have their fertility rate below the replacement rate of 2.1.
    • Sub-Saharan African countries: Expected to contribute more than half the population growth after 2050 and grow through 2100. For example, Niger a sub Saharan country with highest fertility rate in the world, estimated to be 91 children per woman.
    • What is Demographic transition: is a long-term trend of declining birth and death rate. It is shift from high birth rates to low birth rates in societies with minimal technology, education (especially of women) and economic development and from high death rates to Low death rates in societies with advanced economies and development.

    fertility rate
    Where India Stands

    • According to National Family Health Survey (NFHS), fertility rate falling below the replacement level for the first time to 2.0 in 2021.dropped from 2.2 to 2.0.
    • only five States have a fertility rate above the replacement rate: Bihar (3), Meghalaya (2.9), Uttar Pradesh (2.4), Jharkhand (2.3), and Manipur (2.2)
    • At the time of Independence, India’s fertility rate was six per woman, and it had taken 25 years to reach five, with the government launching the first ever family planning program in the world in 1952.
    • India’s fertility further declined to four in the 1990s when Kerala became the first State in India to have a fertility rate below replacement l
    • Increased use of contraception, more years of average schooling, better health care, and an increase in the mean marriage age of women are of the reasons behind the steady dip in fertility rate.

    Lower fertility rate as cause and consequences on the economy

    Positive impact:

    • Lower fertility leads to rise in women’s education.
    • Window of time where the ration of working-age population is higher than that of the dependent age groups.
    • This high proportion of people in the workforce boosts income and investment, and higher level of saving.
    • Lower pressure on land, water and other resources and would also contribute to achieving environmental goals.
    • Advanced health care and better nutrition, results in increased life expectancy and productivity of citizens.

     

    Negative impact:

    • Lower fertility impacts women’s education positively, which in turn lowers the fertility of the next generations.
    • While the income rises with better health care and better infrastructure development, Fertility drops.
    • A fall in fertility rate beyond replacement level would have a negative effect on the proportion of the working population, which in turn will affect output in an economy.
    • After the window of demographic dividend, the huge working age population moves to old age, supported by fewer workers.
    • Japan was the first country to experience the implications of falling fertility rates. Country is now facing fiscal challenges to meet rising social security costs.

    Experiments to deal with fertility decline

    Countries across the globe are experimenting with policies to boost fertility.

    • Germany: found success in boosting births through liberal labour laws, allowing more parental leave and benefits.
    • Denmark: offering state-funded IVF for women below 40 years
    • Hungary: Recently nationalized IVF clinics.
    • Poland: Gives out monthly cash payments to parents having more than two children
    • Russia: Makes one-time payment to parents when their second child is born. Reinstituted the Soviet-era ‘Mother Heroine’ title, who bore and raised more than 10 children amounting to almost a one-time payment of 13 lakh.

    Way ahead

    • Need of the hour is to ensure liberal labor reforms, encourage higher female labor force participation, higher focus on nutrition and health.
    • Although India’s working age population will continue to grow for many more decades, it would need to keep an eye on fertility dips.

    Mains Question

    What are Implications of lower fertility rate on the economy? What steps could be taken to deal with fertility decline? Discuss.

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  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    SC seeks Centre’s reply on issue of Marital Rape

    | Indian Society | Mains Paper 1: Salient features of Indian Society

    The Supreme Court has sought a response from the government on appeals to criminalize marital rape.

    Split opinions on Marital Rape

    rape

    • This follows a split decision from the Delhi High Court on whether or not to prosecute husbands for non-consensual intercourse with their wives.

    What is Marital Rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    Status in India

    • Historically considered as right of the spouses, this is now widely classified as rape by many societies around the world.
    • In India, marital rape is not a criminal offense (as protected under IPC section 375).
    • India is one of fifty countries that have not yet outlawed marital rape.

    Reasons for disapproval of this concept

    • The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
    1. Traditional views of marriage
    2. Interpretations of religious doctrines
    3. Ideas about male and female sexuality
    4. Cultural expectations of subordination of a wife to her husband
    • It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.

    Why it must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Violation of fundamental rights

    • Marital rape is considered as the violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
    • By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.

    Problems in prosecuting marital rape

    • Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute, is common globally.
    • Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
    • Acceptability of the concept: Another problem results from prevailing social norms that exist.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    However, marital rape is still not a criminal offence in this case and is only a misdemeanor.

    Arguments against criminalization

    • Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
    • Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
    • Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.

    Way forward

    • Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
    • In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
    • The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
    • Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.

     

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  • Euthanasia Mercy Killing

    Complex issue of Assisted Suicide

    Prelims Only | Ethics | Mains Paper 4: Ethics

    suicide

    A renowned French filmmaker died earlier this week by assisted suicide at the age of 91.

    What is Assisted Suicide?

    • Assisted suicide and euthanasia are practices under which a person intentionally ends their life with active assistance from others.
    • These have long been contentious topics of debate as they involve a complex set of moral, ethical and in some cases, religious questions.
    • Several European nations, some states in Australia and Colombia in South America allow assisted suicide and euthanasia under certain circumstances.

    Difference between assisted suicide and euthanasia

    • Euthanasia is the act of intentionally ending a life to relieve suffering – for example a lethal injection administered by a doctor.
    • Intentionally helping another person to kill themselves is known as assisted suicide.
    • This can include providing someone with strong sedatives with which to end their life or buying them a ticket to Switzerland (where assisted suicide is legal) to end their life
    • Euthanasia can further be divided into active and passive.
    • The practice of passive euthanasia involves simply stopping lifesaving treatment or medical intervention with the consent of the patient or a family member or a close friend representing the patient.
    • Active euthanasia, which is legal in only a few countries, entails the use of substances to end the life of the patient.

    India and Assisted suicide/ Euthanasia

    • In a landmark judgment, the Supreme Court of India legalised passive euthanasia in 2018, stating that it was a matter of ‘living will’.
    • According to the judgment, an adult in his conscious mind is permitted to refuse medical treatment or voluntarily decide not to take medical treatment to embrace death in a natural way, under certain conditions.

    Consideration for ‘living will’

    • In the 538-page judgment, the court laid down a set of guidelines for ‘living will’ and defined passive euthanasia and euthanasia as well.
    • It also laid down guidelines for ‘living will’ made by terminally ill patients who beforehand know about their chances of slipping into a permanent vegetative state.
    • The court specifically stated that the rights of a patient, in such cases, would not fall out of the purview of Article 21 (right to life and liberty) of the Indian Constitution.
    • The SC’s judgment was in accordance with its verdict in March 2011 on a separate plea.
    • While ruling on a petition on behalf of Aruna Shanbaug Case, the court had allowed passive euthanasia for the nurse who had spent decades in a vegetative state.

    Who was Aruna Shanbaug?

    • Shanbaug had become central to debates on the legality of right to die and euthanasia in India.
    • Shanbaug died of pneumonia in March 2015 at the age of 66, 42 years of which she had spent in a room at KEM Hospital in Mumbai, after a brutal rape left her in a permanent vegetative state.

    Recent cases in India

    • In 2018, an old couple from Mumbai wrote to then President Kovind, seeking permission for active euthanasia or assisted suicide.
    • Neither of them suffered from a life-threatening ailment.
    • The couple stated in their plea that they had lived a happy life and didn’t want to depend on hospitals for old age ailments.

    Justification for Euthanasia/Assisted Suicide

    • It provides a way to relieve extreme pain.
    • Euthanasia can save  life  of  many  other  people  by  donation  of  vital organs.

    Issues with such killings

    • Euthanasia can be misused. Many psychiatrists are of the opinion that a terminally ill person or someone who is old and suffering from an incurable disease is often not in the right frame of mind to take a call.
    • Family members deciding on behalf of the patient can also lead to abuse of the law legalizing euthanasia as it can be due to some personal interest.

     

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  • Primary and Secondary Education – RTE, Education Policy, SEQI, RMSA, Committee Reports, etc.

    Eklavya Schools get short shrift in teacher recruitments

    Prelims Only | Governance | Mains Paper 2: Health & Education

    The Ministry of Tribal Affairs has so far been unable to fix the teacher shortage faced across 378 of Eklavya model residential schools (EMRS) that are currently functional.

    Eklavya Model Residential Schools (EMRS)

    • EMRS started in the year 1997-98 to impart quality education to Scheduled Tribes (ST) children in remote areas in order.
    • It aims to enable them to avail of opportunities in high and professional educational courses and get employment in various sectors.
    • The schools focus not only on academic education but on the all-round development of the students.
    • Each school has a capacity of 480 students, catering to students from Class VI to XII.
    • Hitherto, grants were given for construction of schools and recurring expenses to the State Governments under Grants under Article 275 (1) of the Constitution.
    • Eklavya schools are on par with Navodaya Vidyalaya and have special facilities for preserving local art and culture besides providing training in sports and skill development.

    Features of Eklavya Schools

    • Admission to these schools will be through selection/competition with suitable provision for preference to children belonging to Primitive Tribal Groups, first-generation students, etc.
    • Sufficient land would be given by the State Government for the school, playgrounds, hostels, residential quarters, etc., free of cost.
    • The number of seats for boys and girls will be equal.
    • In these schools, education will be entirely free.

    Where are the Eklavya schools located?

    • It has been decided that by the year 2022, every block with more than 50% ST population and at least 20,000 tribal persons, will have an EMRS.
    • Wherever density of ST population is higher in identified Sub-Districts (90% or more), it is proposed to set up Eklavya Model Day Boarding School (EMDBS) on an experimental basis.
    • They aim for providing additional scope for ST Students seeking to avail school education without residential facility.

     

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  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    Highlights of India Discrimination Report, 2022

    | Indian Society | Mains Paper 1: Salient features of Indian Society

    Oxfam India’s latest ‘India Discrimination Report 2022’ finds women in India despite their same educational qualifications and work experience as men will be discriminated in the labour market due to societal and employers’ prejudices.

    About the report

    • The Oxfam India report refers to unit-level data from:
    1. 61st round National Sample Survey (NSS) data on employment-unemployment (2004-05)
    2. Periodic Labour Force Survey in 2018-19 and 2019-20 and
    3. All India Debt and Investment Survey by the government

    Key highlights

    (1) Decline of women in workforce

    • As per the Union Ministry of Statistics & Programme Implementation (MoSPI), LFPR for women in India was only 25.1 percent in 2020-21 for urban and rural women.
    • This is considerably lower than Brazil, Russia, China and South Africa as per the latest World Bank estimates.
    • The LFPR for women in India has rapidly declined from 42.7 percent in 2004-05 to mere 25.1 percent in 2021 showing the withdrawal of women from the workforce.

    (2) Earning Gap

    • There is also a significant gap in the earnings between men and women in the case of regular and self-employment in urban areas.
    • The average earning is INR 15,996 for men and merely INR 6,626 for women in urban areas in self-employment.
    • The men’s average earning is nearly 2.5 times that of the earnings of women

    (3) Communal aspects of discrimination

    • Oppressed communities such as Dalits and Adivasis along with religious minorities such as Muslims also continue to face discrimination in accessing jobs, livelihoods, and agricultural credit.
    • The mean income for SCs or STs persons in urban areas who are regular employed is INR 15,312 as against INR 20,346 for persons belonging to the General Category.
    • The rural SC and ST communities are facing increase in discrimination in casual employment, the report shows.
    • The data shows that the unequal income among urban SC and ST casual wage work is because of 79 percent discrimination in 2019-20.

    (4) Muslims and economic backwardness

    • Muslims continue to face multidimensional challenges in accessing salaried jobs and income through self-employment as compared to non-Muslims.
    • In rural areas, the sharpest increase of 17 percent in unemployment was for Muslims as compared to non-Muslims during the first quarter of the COVID-19 pandemic.
    • 6 percent of the urban Muslims population aged 15 and above were engaged in regular salaried jobs whereas 23.3 percent of non-Muslims are in regular salaried jobs in 2019-20.
    • The lower employment for urban Muslims attributes 68.3 percent to discrimination in 2019-20.
    • The report shows that the discrimination faced by Muslims in 2004-05 was 59.3 percent, indicating an increase in discrimination by 09 percent over the last 16 years.

    Recommendations from the report

    • Actively enforce effective measures for the implementation of the right to equal wages and work for all women.
    • Work to actively incentivise the participation of women in workforce including enhancements in pay, upskilling, job reservations and easy return-to-work options after maternity.
    • Work to actively challenge and change societal and caste/religion-based norms, around women’s’ participation in labour markets.
    • Strengthen civil society’s engagement in ensuring a more equitable distribution of household work and childcare duties between women and men and facilitating higher participation of women in labour market
    • Implement “living wages” as opposed to minimum wages, particularly for all informal workers and formalise contractual, temporary and casual labour as much as possible.
    • Extend priority lending and credit access to all farmers, regardless of social groups and penalize biased lending.

    Back2Basics: Labour Force Participation Rate (LFPR)

    • It is the percentage of the population which is either working (employed) or seeking for work (unemployed).
    • According to the International Labour Organisation (ILO), the LFPR is a ‘measure of the proportion of a country’s working-age population that engages actively in the labour market, either by working or looking for work’.
    • The breakdown of the labour force (formerly known as economically active population) by sex and age group gives a profile of the distribution of the labour force within a country.
    • As per the ministry of statistics and programme implementation, LFPR for women in India was only 25.1% in 2020-21.

     

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