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Subject: Indian Society

  • Same-sex marriage: Legalizing Would Be A Just Way Forward

    Same-sex marriage

    Central Idea

    • The legalisation of same-sex marriage is a natural progression towards accepting and integrating the LGBTQIA+ community in India, which has been marginalized and hounded for decades. While the decriminalisation of homosexuality was a positive step towards acceptance, granting civil rights such as marriage and adoption is essential in creating a more diverse and inclusive society.

    LGBTQIA+ community

    • LGBTQIA+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Ally. The plus sign is often added to include other identities and orientations that are not explicitly mentioned in the acronym.
    • It is a term used to refer to individuals who identify as any of these sexual orientations or gender identities.
    • The community is made up of individuals who may face discrimination, marginalization, and stigma based on their sexual orientation or gender identity. The community advocates for equal rights and acceptance, and works towards achieving societal and legal recognition and protection.

    Problems faced by LGBTQIA+ community in India

    • Discrimination: Members of the LGBTQIA+ community are often subjected to discrimination, harassment, and violence due to their sexual orientation or gender identity.
    • Social Stigma: Homosexuality is still stigmatized in many parts of Indian society, and people who identify as LGBTQIA+ are often ostracized, bullied, and excluded from social activities.
    • Lack of legal protection: The Indian legal system does not offer comprehensive legal protection against discrimination and violence based on sexual orientation and gender identity.
    • Health issues: Members of the LGBTQIA+ community often face health issues such as HIV/AIDS, depression, anxiety, and substance abuse due to the stress and discrimination they face.
    • Limited access to healthcare: Due to social stigma and discrimination, many members of the LGBTQIA+ community face barriers in accessing healthcare services, including mental health care and HIV/AIDS treatment.
    • Family rejection: Many members of the LGBTQIA+ community face rejection and disownment by their families, which can lead to mental health issues, homelessness, and financial instability.
    • Employment discrimination: Members of the LGBTQIA+ community often face discrimination in the workplace, including being denied jobs, promotions, and other opportunities due to their sexual orientation or gender identity.
    • Limited legal recognition: Same-sex marriage is not recognized in India, and LGBTQIA+ couples do not have the same legal rights and protections as heterosexual couples.

    What is mean by homosexuality?

    • Homosexuality refers to a sexual orientation where an individual is primarily attracted to people of the same gender. It is a natural variation of human sexuality and is not considered a disorder or mental illness. The term is used to describe a person’s identity, behavior, and desire towards people of the same gender.

    Same-sex marriage

    What is the stigma around homosexuality in India?

    • Cultural and religious beliefs: India is a culturally and religiously diverse country with deep-seated traditional values. Many people believe that homosexuality is against these values and that it is a sin.
    • Lack of awareness and education: There is still a lack of awareness and education about homosexuality in India, which leads to many misconceptions and negative stereotypes.
    • Discrimination and harassment: People who are open about their homosexuality often face discrimination and harassment from society, including family, friends, and colleagues.
    • Legal status: Until recently, homosexuality was illegal in India, which further stigmatized the community.
    • Masculinity norms: Indian society often associates masculinity with traditional gender roles, which can make it difficult for people who do not conform to these norms.
    • Lack of representation: The representation of LGBTQ+ people in Indian media and popular culture is limited, which can contribute to a lack of understanding and empathy for their experiences.

    same-sex marriage

    What is mean by Same-sex marriage?

    • Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
    • It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
    • The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
    • The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

    Arguments in favor of same-sex marriage

    • Civil Rights: Legalizing same-sex marriage is a matter of civil rights, which ensures equal treatment under the law for all individuals, regardless of their sexual orientation.
    • Equality: All citizens should have the right to marry the person they love, irrespective of their gender or sexual orientation.
    • Family: Same-sex couples should have the same legal rights as heterosexual couples when it comes to adoption, inheritance, and other family-related matters.
    • Mental Health: Same-sex couples who can marry experience greater mental health benefits due to increased social support, greater economic stability, and increased social acceptance.
    • Social Stability: Legalizing same-sex marriage can help promote social stability by increasing the number of legally recognized families and reducing social stigmas.

    Same-sex marriage

    Arguments against same-sex marriage

    • Religious Beliefs: Many people oppose same-sex marriage because of their religious beliefs and consider it to be a sin.
    • Traditional Family: Some people believe that same-sex marriage is a threat to traditional family values.
    • Children: There are concerns that children may be negatively affected by growing up in same-sex households.
    • Social Consequences: Some people believe that legalizing same-sex marriage will have negative social consequences, including the breakdown of the family and moral decay.
    • Slippery Slope: Some people believe that legalizing same-sex marriage could lead to a slippery slope, where other forms of non-traditional marriage become legal as well.

    Way ahead

    • Education and Awareness: A sustained education and awareness campaign could be launched at various levels, including schools, universities, media, and community organizations to address the social stigma and prejudice against LGBTQIA+ individuals. This could also involve sensitization training for various public and private sector employees to reduce discrimination and bias in the workplace.
    • Advocacy: Pro-LGBTQIA+ advocacy groups could play a significant role in lobbying for the legal recognition of same-sex marriages. This could involve building alliances with other civil society organizations, engaging with lawmakers, and using social media to spread awareness about the issue.
    • Legal Framework: A new legal framework could be developed to recognize same-sex marriages, which would include rights and protections for LGBTQIA+ individuals. This framework would need to address issues such as inheritance rights, joint property ownership, and the legal recognition of children born to same-sex couples through surrogacy or adoption.
    • Consultation: A wide-ranging consultation process could be initiated with stakeholders from different communities, including religious leaders, civil society organizations, and members of the LGBTQIA+ community, to build consensus on the issue.
    • Balancing Interests: The government could take a cautious approach to legalizing same-sex marriage, considering the positive effects such as social inclusion and individual rights, and the potential negative effects, such as religious sensitivities and family values. This could involve striking a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
    • Monitoring and Evaluation: The government could set up an independent body to monitor the implementation of same-sex marriage legislation and evaluate its impact on society. This could help to identify areas of success and potential areas for improvement, and ensure that the legal recognition of same-sex marriages is a positive step forward for Indian society as a whole.

    Conclusion

    • The hallmark of a progressive nation is reflected in its ability to accept diversity, include minorities, and integrate the marginalised. Legalising same-sex marriage may pave the way for generations to come and become a big step towards reclaiming the diverse, multicultural, and inclusive civilisation that India has always been. Government should strike a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.

    Mains Question

    Q. What do you understand by mean by Homosexuality? Decriminalization of homosexuality in India is considered as a positive step. In this backdrop analyze the issue of Same Sex Marriage in India.

  • India’s Philosophy Stand Out As A Beacon To The World

    Philosophy

    Central Idea

    • The philosophical underpinnings of India’s civilization are unique and powerful, and they empower India to withstand waves of invasions, natural calamities, and societal challenges. India’s worldview and approach towards human life make India stand out as a beacon to the world. However, many Indians remain ignorant of their own philosophical heritage, and building on these foundational values can serve as building blocks for India’s soft power.

    The Fundamentals of Indian Philosophy

    • Indian philosophy cannot be ascribed to any particular scripture.
    • The fundamentals of the perceived philosophy of India have come from many scriptures, and the Indian approach is to let a thousand flowers bloom.

    The Five Tenets that Make India Stand Out

    India’s philosophy has at least five fundamental tenets that make it stand out: 1. Spiritual democracy, 2. Unity in diversity, 3. Confluence with nature, 4, antyodaya, and 5. vasudhaiva kutumbakam. These tenets reflect the teachings of sages and philosophers such as Gautama Buddha, Adi Shankara, and Guru Nanak.

    1. Spiritual Democracy: India rejects any monopolistic approach to ways of worship, and it welcomes diversity in ways of worship. This approach reflects the fundamental unity of all that exists, and sages call it by various names.
    2. Unity in Diversity: India’s unity is inherent in its diversity, and this diversity is our innate unity that manifests in myriad ways. India not only accommodates but also celebrates the pervasive diversity.
    3. Confluence with Nature: India does not aspire to conquer nature, but instead, it has a tradition of sincere and deepest gratitude towards nature. Many Indian traditions and rituals reflect this approach, and sustainability is a part of our philosophy of human life.
    4. Antyodaya: India’s unique concept of antyodaya puts the last man first. The most deprived are the most deserving when it comes to the distribution of the fruits of development. Antyodaya encompasses both social and economic justice and takes us beyond the binary of capitalism and socialism.
    5. Vasudhaiva Kutumbakam: India has imagined the entire world as one family, where values like mutuality, sharing, and collectivism are given primacy. This approach nips in the bud all the uncalled-for apprehensions about ultra-nationalistic or jingoistic approaches.

    India’s Philosophical Heritage Can Build on Its Soft Power

    • India can build on its unique philosophical heritage, which can serve as building blocks of India’s soft power.
    • India’s foundational values are needed now more than ever, as the global community faces conflicts and wars emanating from weird ideas of supremacy, oneupmanship, and monopolistic spirituality.

    Conclusion

    • India’s philosophy and approach towards human life and worldly concerns are unique and powerful, and they make India stand out as a beacon to the world. India’s soft power can build on its unique philosophical heritage, and India can use this to assert itself even in the most complex and unpredictable future. The key challenge is to establish that India is capable of walking the talk and using its philosophy to deal with societal challenges. Indian philosophy empowers us to handle the contemporary challenges, and it has gained India huge goodwill among the global community.

    Mains Question

    Q. India’s philosophy and approach towards human life and worldly concerns are unique and powerful, and they make India stand out as a beacon to the world. Discuss

  • Women Cadres (Maoist): Structural Violence and Exploitation

    Women Cadre

    Central idea

    • The Communist Party of India (Maoist) claims to fight for gender equality, but the reality is that women cadres are subject to structural violence and exploitation.

    Women’s representation in the party

    • Negligible representation in the council: Despite constituting 35%-40% of the party, women’s representation in the Central Committee and the Dandakaranya Special Zonal Committee (DKSZC) is negligible
    • Members in the cadre: Only one-woman cadre is a Central Committee member out of more than 20 members, and only two women cadres are DKSZC members out of approximately 20 members

    Concerns over women’s health and nutrition

    • Health challenges: Women face additional health challenges in the jungle and receive inadequate nutrition and healthcare. Most women become anaemic due to the lack of proper nutrition.
    • Menstrual hygiene challenges: Women cadres do not receive menstrual leave and need to be alert all the time with a gun. Only one loin cloth is provided to two women cadres to be shared as a sanitary napkin for six months.
    • Fundamental necessities are not adequate: Women cadres are not allowed to liberally use water and are at the mercy of the unit commander who carries some medical necessities

    Conditions for marriage and reproduction

    • Marriage is not to enjoy family life: The party permits marriage only between willing partners to fight together, not to enjoy family life.
    • Forced vasectomy: Male cadres are forced to undergo vasectomy either before marriage or immediately after marriage.
    • Forced abortion: If a woman cadre gets pregnant, she has to undergo an abortion
    • Silent on divorce and polygamy: The party is silent on issues of divorce and polygamy

    Sexual exploitation and ill-treatment of women

    • Sexual exploitation and ill treatment: Sexual exploitation of women is not uncommon in the party, and instances of suicide by women cadres due to ill-treatment and suspicion are reported.
    • Nominal punishment: Disciplinary action is taken against cadres for moral turpitude, but the maximum punishment is only suspension for a year or demotion.

    Conclusion

    • Women who join the Communist Party of India (Maoist) in the hope of bringing about a revolution for the proletariat and the landless class are often subject to the same structural violence that they are supposed to fight. The party needs to ensure gender equality in reality, not just in its claims, and provide better conditions for women cadres.

    Mains Question

    Q. How do structural inequalities and power dynamics within political movements impact the fight for gender equality? Illustrate.

  • UGC releases National Credit Framework (NCrF)

    The University Grants Commission (UGC) released the National Credit Framework (NCrF), which will allow students to earn educational credits at all levels, irrespective of the mode of learning i.e. offline, online, or blended.

    What is National Credit Framework (NCrF)?

    • The NCrF is a meta-framework that integrates the credits earned through school education, higher education, and vocational and skill education.
    • It consists of three verticals:
    1. National School Education Qualification Framework (NSEQF)
    2. National Higher Education Qualification Framework (NHEQF) and
    3. National Skills Qualification Framework (NSQF)
    • The NCrF provides a mechanism for the integration of general academic education and vocational and skill education, ensuring equivalence within and between these two education streams.
    • Institutions would be free to notify their detailed implementation guidelines with flexibility for catering to their academic requirements.

    Key features

    (1) Credit System

    • Under the NCrF, one credit corresponds to 30 notional learning hours in a year of two semesters.
    • A student is required to earn a minimum of 20 credits every semester.
    • A student can earn more than 40 credits in a year.
    • Maximum credits a student can earn during schooling period is 160.
    • A three-year bachelor’s degree course will result in a total of 120 credits earned.
    • A Ph.D. degree is at Level 8 and earns 320 credits upon completion.

    (2) Study of Vedas:  Students can obtain credits for their proficiency in diverse areas of the Indian knowledge system, including the Puranas, Vedas, and other related components.

    (3) Indian Knowledge System (IKS): UGC notified the final report, which includes the components of the IKS. The IKS comprises 18 theoretical disciplines called vidyas and 64 practical disciplines, including vocational areas and crafts. These disciplines were the foundation of the 18 sciences in ancient India, as per the report.

    (4) Educational Acceleration: The NCrF supports educational acceleration for students with gifted learning abilities. It provides scope for crediting national/international achievers in any field, including but not limited to sports, Indian knowledge system, music, heritage, traditional skills, performing & fine arts, master artisans, etc.

    (5) International Equivalence: The international equivalence and transfer of credits shall be enabled through various multilateral/bilateral agreements between respective regulators of the countries concerned. NCrF would lend credibility and authenticity to the credits being assigned and earned under various programs in India, making these credits more acceptable and transferable internationally.

     

     

  • Govt releases pre-draft of National Curriculum Framework

    curriculum

    The Ministry of Education has released a pre-draft version of National Curriculum Framework (NCF) for School Education.

    National Curriculum Framework (NCF)

    Features

    Details
    What is it? A comprehensive framework for school education in India

    Provides guidelines for the development of curricula and syllabi, textbooks, and teaching practices for schools in India
    Developed by National Council of Educational Research and Training (NCERT), an autonomous organization under the Ministry of Education
    Aim To promote a child-centred, activity-based approach to learning that focuses on the development of knowledge, skills, and values
    Development The first NCF was developed in 1986 and subsequently revised in 2000 and 2005.

    The latest pre-draft version of NCF for School Education was released by the Ministry of Education in April 2023.
    Coverage For age groups 3 to 18 years

    Seeks feedback from various stakeholders
    National Steering Committee Set up by the Ministry to undertake and develop NCFs under the chairmanship of K. Kasturirangan.

     

    Salient features of NCF

    (1) Values and Roots

    • A key part of the document is the inclusion of values and its “rootedness” in India.
    • The pre-draft says that the framework is deeply rooted in India in content and learning of languages, in the pedagogical approaches including tools and resources, and in philosophical basis — in the aims and in the epistemic approach.
    • The document further says that it leans towards making students acquainted with true sources of knowledge, which have been a philosophical preoccupation of ancient Indians.
    • These sources focus on six pramanas: pratyaksa, anumana, upamana, arthapatti, anupalabdhi, and sabda.

     

    Six Pramanas

    1.      Pratyaksha: Interpreted as perception through the five senses

    2.      Anumana: Uses inferences to come to new conclusions

    3.      Upamana: Knowing through analogy and comparison

    4.      Arthapatti: Involves knowing through circumstantial implication

    5.      Anupalabdhi: Includes perception of non-existence

    6.      Sabda: Something an individual can only directly know a fraction of all reality through direct experience and inference but must rely on other experts was acknowledged thousands of years ago

     

    (2) Moral Development

    • A part of the document focuses on the moral development of a child through panchakosha vikas or five-fold development.
    • The pre-draft recommends developing moral values for the child through a balanced diet, traditional games, yoga asanas, as well as a wide variety of stories, songs, lullabies, poems, and prayers to develop a love for cultural context.

    (3) Curriculum revamp

    • The pre-draft says that for Grade 10 certification, students will have to take two essential courses from humanities, maths and computing, vocational education, physical education, arts education, social science, science, and interdisciplinary areas.
    • In Grade 11 and 12, students will be offered choice-based courses in the same disciplines for more rigorous engagement.
    • Arts education will include music, dance, theatre, sculpture, painting, set design, scriptwriting, while interdisciplinary areas will include knowledge of India, traditions, and practices of Indian knowledge systems.
    • For Class 11 and 12, the document states that “Modular Board Exams will be offered as opposed to a single exam at the end of the year, and the final result will be based on the cumulative result of each exam.”
    • The framework of the social science curriculum emphasizes understanding and appreciating the feeling of Indianess, ‘bhartiyata,’ by valuing the rich cultural heritage and tradition of the country.
    • It also stresses on identifying and explaining important phases of the Indian national movement against British rule, with special reference to Gandhian and other subaltern movements.

    (4) Social Science Curriculum

    • The pre-draft emphasizes understanding and appreciating the feeling of Indianess, “bhartiyata,” by valuing the rich cultural heritage and tradition of the country.
    • The pre-draft also stresses on identifying and explaining important phases of the Indian national movement against British rule, with special reference to Gandhian and other subaltern movements.
    • It also recommends teaching concepts of Buddhism, Jainism, and Vedic and Confucian philosophies.

    (5) Follow-up processes

    • As a follow-up to the National Education Policy 2020, development of four National Curriculum Frameworks — NCF for School Education, NCF for Early Childhood Care and Education, NCF for Teacher Education, and NCF for Adult Education — have been initiated.
    • The National Steering Committee under the chairmanship of K. Kasturirangan was set up by the Ministry to undertake and develop NCFs.

    Controversy over curriculum revamp

    • The latest round of textbook rationalisation has resulted in some of the most sweeping changes in the curriculum since the NDA government came to power.
    • These changes include removing all references to the 2002 Gujarat riots, reducing content related to the Mughal era and the caste system, and dropping chapters on protests and social movements.
    • Many of these changes are seen as ‘political’, however, their earlier introduction into curriculum was also a political move.

    The furore over Mughal History

    • While some of the content on the Delhi Sultanate and the Mughal Empire has indeed been removed from the history textbook for Class 7, the Mughals have not entirely disappeared.
    • For instance, the chapter ‘The Mughal Empire’ in the Class 7 history textbook, Our Pasts – II, has undergone deletions — including a two-page table on the milestones and achievements of the reigns of the emperors Babur, Humayun, Akbar, Jahangir, Shah Jahan, and Aurangzeb.
    • However, the chapter itself has not been removed.
    • Students of Class 7 will continue to learn about the Mughals, though in lesser detail.

    Significance

    • School textbooks have always been seen as playing a crucial role in shaping national narratives, and as a tool for cultivating a desired national identity.
    • NCERT textbooks are read by more than 5 crore students in 18 states around the country, who are seen by political parties as a large captive audience with impressionable minds.
    • It’s not just school students either — candidates preparing for competitive exams such as the Civil Services Examination, SSC, JEE, and NEET, also rely on these textbooks.

  • Same-Sex Marriages: A Push Must Come From Representative Bodies

    Same-Sex Marriage

    Central Idea

    • The Centre’s opposition to the legalization of same-sex marriages based on cultural and societal concepts of marriage and family is examined and critiqued.

    The Centre’s Argument

    • The Centre argues that same-sex marriages are not recognized in Indian traditions, ethos, culture, and societal concepts of marriage.
    • The Parliament, and not the Court, should decide on legalizing same-sex marriages.

    Societal Conceptualization of Marriage

    • Marriage is a social institution, and the Centre’s stance finds backing in four interrelated sub-arguments.
    1. Same-sex marriages demand nuanced alteration of the conventional understanding of marriage.
    2. The current legislative framework promotes the conventional understanding of marriage.
    3. Religious and societal morality still conceptualizes intercourse as a procreative activity.
    4. Conventional conceptualisations of family and marriage are facing evolutionary challenges.

    What is mean by Same-sex marriage?

    • Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
    • It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
    • The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
    • The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

    The Language of Rights

    • The Court must evaluate the Centre’s argument on its own merits.
    • While addressing the violations of fundamental rights resulting from non-recognition of same-sex marriages, the question of same-sex marriages is about the rights of a society to conserve traditions and an individual’s constitutional freedoms.

    Back to Basics: Special Marriage Act?

    • The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other.
    • It was enacted in 1954 and came into effect from 1955.
    • The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals.
    • The act also provides for divorce on certain grounds and maintenance to the spouse and children.

    Conclusion

    • While the rights issues concerning same-sex couples are substantial, the implications of recognizing same-sex unions as a couple require a broader debate in society and the legislature. The push to formalize the institution of same-sex unions must come from representative bodies such as Parliament.

    Mains Question

    Q. Provide a detailed analysis including relevant legal, social, cultural, and ethical considerations of same sex marriage in India along with a way ahead

  • New India Literacy Program (NLIP)

    literacy

    Central idea: 22.7 lakh adults from 10 states and union territories in India became qualified as literate adults in 2022-23 by passing an assessment test conducted under New India Literacy Program (NLIP).

    What is New India Literacy Program (NLIP)?

    • The NLIP/ Nav Bharat Saksharta Abhiyan is aimed at providing literacy to non-literates in the age group of 15 years and above.
    • The scheme is implemented for a period of five years from FYs 2022-23 to 2026-27.
    • The scheme has five main components, which are as follows:
    1. Foundational Literacy and Numeracy,
    2. Critical Life Skills,
    3. Vocational Skills Development,
    4. Basic Education, and
    5. Continuing Education

    Beneficiaries of the scheme

    • The beneficiaries under the scheme are identified through a door-to-door survey on a mobile app by surveyors in the States/UTs.
    • Non-literates can also avail the benefits of the scheme through direct registration from any place through a mobile app.
    • The scheme is mainly based on volunteerism for teaching and learning.
    • Volunteers can also register through a mobile app for this purpose.

    Implementation of the scheme

    • The scheme is based on technology and implemented predominantly through an online mode.
    • The teaching-learning material and resources have been made available on the DIKSHA platform of NCERT and can be accessed through mobile apps.
    • Furthermore, other modes like TV, Radio, Samajik Chetna Kendra, etc. are also to be used for the dissemination of Foundational Literacy and Numeracy.

    Conclusion

    • The New India Literacy Programme (NILP) is a crucial step towards making India a literate country.
    • The scheme’s implementation through technology and the use of volunteers for teaching and learning will make it easier for non-literates to access education.

     

  • What is Bilkis Bano Case?

    bilkis bano

    The Supreme Court has indicated it will primarily focus on the question of Gujarat’s jurisdiction to prematurely release 11 men sentenced to life for the gang rape of Bilkis Bano and the murder of her family during the 2002 riots.

    Central idea

    • The Bilkis Bano case is a landmark case of gangrape and mass murder that occurred during the 2002 Gujarat riots in India.
    • Bilkis Bano, then a 21-year-old pregnant woman, was raped and her family members were murdered during the riots that followed the Godhra train burning incident.
    • The case was initially left unnoticed, but after persistent efforts by Bano and her supporters, the case was reopened and the perpetrators were brought to justice.

    Initial investigation and cover-up

    • No proper investigation: Despite the gravity of the crime, the initial investigation was not conducted properly.
    • Evidence tampered: The medical examination of Bano was conducted after several days, by which time crucial evidence had been lost.
    • No FIR registered: The police refused to file a First Information Report (FIR) initially, and when they did, they left out crucial details of the incident.

    Reopening of the case

    • Bano and her supporters continued to fight for justice, and in 2004, the case was transferred to the Central Bureau of Investigation (CBI) on the order of the Supreme Court.
    • The CBI conducted a thorough investigation and filed a charge sheet against 19 accused persons, including police officers and doctors who had tried to cover up the crime.
    • In 2008, the trial began in a Mumbai court.

    Conviction and sentencing

    • In 2017, after a long legal battle, a Mumbai court convicted 11 accused persons, including one police officer, for gang rape and murders.
    • The police officer, who was the main accused, was sentenced to life imprisonment, while the others were given seven years’ imprisonment.
    • The court also acquitted seven other accused persons due to lack of evidence.

    Key issue: Release of convicts

    • In February 2021, the Bombay High Court acquitted five of the convicted persons, citing lack of evidence.
    • The court also upheld the life imprisonment of the police officer and reduced the sentence of the other convicts to three years.
    • The convicts were released from prison after serving their sentence.

    What are the laws on remissions?

    • Prisoners are often granted remission of sentences and released on important occasions such as birth and death anniversaries of prominent leaders.
    • The President and the Governors have the power to pardon, suspend, remit, or commute a sentence passed by the courts under Articles 72 and 161 of the Constitution.
    • Under Section 432 of the Code of Criminal Procedure (CrPC), the state governments also have the power to remit sentences as prisons are a state subject.
    • However, the powers of remission of the state government are restricted by Section 433A of the CrPC.
    • It mandates a person serving a life imprisonment sentence for an offence where death is a punishment or where a death sentence has been commuted, cannot be released until they have served at least 14 years in prison.

    Critical reception of the judgement

    • Justice vindicated: Bano and her family members expressed disappointment with the decision of the court to acquit some of the convicts, and they plan to challenge the verdict in the Supreme Court.
    • Communal angle to the release: Bano has been a symbol of courage and determination for survivors of sexual violence in India, and her case has highlighted the need for justice and accountability for crimes committed during communal riots.

    Significance of the case

    • The Bilkis Bano case is significant as it highlights the issue of communal violence in India and the failure of the authorities to provide justice to the victims.
    • The case also underscores the need for the protection of the rights of women and minorities in India.
    • The long legal battle fought by Bano and her supporters shows that justice is possible, but it requires persistence, courage and the support of civil society.

     

     

  • Mahila Samman Savings Certificate operationalized

    Finance Minister while presenting the Budget 2023 announced a new scheme for women, Mahila Samman Saving Certificate. This scheme has now been operationalized.

    Mahila Samman Saving Certificate

    • It is a one-time new small savings scheme of the government of India announced in the Budget 2023.
    • It will be made available for a two-year period up to March 2025.
    • This will offer deposit facility upto Rs 2 lakh in the name of women or girls for a tenure of 2 years.
    • The deposit facility will offer fixed interest rate of 7.5 per cent with a partial withdrawal option.

    Benefits offered

    • It is a suitable alternative to fixed deposits (FDs) invested in the name of a woman for the short term.
    • The returns are higher than bank FDs and partial withdrawal makes liquidity less of a concern.

    Other details

    • The Scheme will be rolled out through banks and post offices across the country.
    • The taxation structure is yet to be known and the scheme is expected to be available from April 1, 2023.

    How is it different from Sukanya Samriddhi Yojana?

    • SSY is a small deposit scheme of the government of India meant exclusively for a girl child. The scheme is meant to meet the education and marriage expenses of a girl child.
    • The current rate of interest offered by Sukanya Samriddhi Yojana is 7.6%, which is compounded annually.
    • Account can be opened in the name of a girl child till she attains the age of 10 years.
    • The total amount deposited in an account shall not exceed Rs 1,50,000 in a financial year.
    • Sukanya Samriddhi scheme has tax benefits under Section 80C.
    • The account matures after 21 years from the date of opening or on marriage of the girl child under whose name the account is opened, whichever is earlier.

     

     

  • Back in news: Criminalization of Marital Rape

    rape

    The Supreme Court has agreed to hear a series of petitions seeking to criminalise marital rape.

    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

    rape

    • 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.

    Recent observations by Delhi HC

    • Spousal intimacy: In a marriage, conjugal expectation is a two-way street, where “consent is given as a part of spousal intimacy although the will to engage may be absent”.
    • Need for written agreement: If every such case is treated as marital rape, then the only way partners in a marriage may survive would be by drawing up a detailed written agreement.
    • Burden of evidentiary record: This would lead to creating a detailed evidentiary record of every act of intimacy and/or by inviting a third party to act as a witness.
    • Defying marital obligations: The HC said that marriage was accompanied by obligations that the partners had to bear, including conjugal expectations, financial obligations and, finally, duty towards progeny.
    • Sexual liberty of spouses: The bench also underlined the signs of injury on a partner need not necessarily mean there had been non-consensual sex as “in the age of sexual liberation”, injuries could be a sign of “passion”.
    • Cruelty not rape: Forced sexual intercourse between a husband and wife cannot be treated as rape. At worst, it can be treated as sexual abuse found in Section 3 of the Domestic Violence Act.
    • Clash of ego: A wife cannot prescribe a particular punishment that can be imposed on the husband ‘to satisfy her ego’,” the HC said.

    Reasons for rebuttal 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 a 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 misdemeanour.

    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 acknowledgement 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.