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Subject: Indian Society

  • Same-sex marriage: Petitions For Legal Recognition

    same-sex

    Central idea

    • Recently, the Supreme Court referred a batch of petitions seeking the legal recognition of same-sex marriages to a Constitution Bench. The Union government has opposed the petitions. Law Minister Kiren said that marriage is a matter of policy to be decided by Parliament and the executive alone.

    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.

    Same-sex marriage in India

    • Same-sex marriage is currently not legally recognized in India.
    • Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
    • However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships.

    Government’s argument

    • In its affidavit to the Supreme Court, the government argued that the traditional concept of marriage, consisting of a biological man, woman and child, cannot be disrupted.
    • It claimed that recognising same-sex marriages could cause havoc in the system of personal laws.
    • As different from many liberal democracies, in India, aspects of marriage, succession and adoption are governed by religious personal laws.

    What petitioners are claiming?

    1. Same-sex marriage as a matter of rights
    • Any social policy is liable to judicial interference if rights are violated.
    • The petitioners rely on the rights to equality and non-discrimination as laid out in Articles 14 and 15.
    • The Constitution prohibits the state from discriminating on the basis of sex.
    • Sex has been interpreted by the Supreme Court in Navtej Singh Johar (2018) to include sexual orientation. Granting the right to marry to heterosexual couples and not to homosexual couples clearly discriminates on the basis of their sexual orientation.
    1. Same-sex marriage is a matter of privacy
    • Right to privacy: Supreme Court recognised this right to be part of the right to life and liberty under Article 21 of the Constitution in the celebrated Puttaswamy (2017) verdict.
    • What court said on privacy: Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
    • State currently denies this right: The right to privacy entails the right of the citizens to make decisions about their family life and marriage. The state currently denies same-sex couples this right.
    • The Special Marriage Act: The Special Marriage Act is a secular law which works alongside religious personal laws. Same-sex marriages can be recognised under the Special Marriage Act. The Act already speaks of marriages between any two persons which are solemnised under it. Any two persons can include two persons of the same sex.

    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.

    Consider the situation in the United States

    • In Obergefell v Hodges (2015), the Supreme Court of the United States held that same-sex couples have a constitutional right to marriage.
    • Thirty-one out of the 50 states in the United States have marriage laws that define marriage as between a man and a woman.

    Conclusion

    • The debate on legal recognition of same-sex marriages in India continues to be a contentious issue, with the government and petitioners presenting opposing views. However, given the complex social, cultural, and legal considerations, any decision regarding same-sex marriage should be carefully evaluated to ensure that it is inclusive and respects individual rights. Ultimately, it is important to arrive at a balanced and just solution that upholds the principles of equality and non-discrimination for all individuals, regardless of their sexual orientation.

    Mains Question

    Q. What do you understand by same-sex marriage? Describe same sex marriage situation in India by highlighting both the arguments.

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  • Same-Sex Marriages can rock societal values: Centre

    marriage

    Central idea: The Centre in the Supreme Court expressed its disagreement towards same-sex marriage, citing traditional beliefs and values.

    Here are the main points of the affidavit:

    • Heterosexual marriage has been the norm throughout history and is “foundational to both the existence and continuance of the state.”
    • Marriage in India is regarded as a “holy union,” a “sacrament,” and a “sanskar,” and is dependent on customs, rituals, practices, cultural ethos, and societal values.
    • Any “deviation” from the “statutorily, religiously and socially” accepted norm in “human relationship” can only happen through the legislature and not the Supreme Court.

    Basis of Centre’s opposition

    • The 2018 Navtej Singh Johar judgment decriminalised homosexuality, but it did not mention/legitimise same-sex marriage.
    • Same-sex marriage cannot be compared to a man and woman living as a family with children born out of the union.
    • Registration of same-sex marriage would result in a violation of existing personal as well as codified law provisions.
    • There is a “compelling interest” for the society and the state to limit recognition to heterosexual marriages only.

    Reasons behind centre’s opposition

    • Legal revamp required: The registration of marriage of same-sex persons also results in a violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals”.
    • Definition of spouse: In a same-sex marriage, it is neither possible nor feasible to term one as ‘husband’ and the other as ‘wife’ in the context of the legislative scheme of various personal laws.
    • Against cultural norms:  The social order in our Country is religion based which views procreation as an obligation for the execution of various religious ceremonies.
    • Property and other civil rights: Property rights post marriage is a much-contested issues in India. Same sex marriage will not create any immunity for the law but increase complex interpretations.

    Issues with such marriages

    The issue of homosexual conduct to this fore in recent legal and political debate for main reasons, which are as follows:

    • Morality: This has brought with it a change in social attitudes, so that the stigma attached to homosexuality has to a greater extent disappeared.
    • Rising activism: Campaigns for lesbian and gay rights taken on an increasingly radical character, arguing for an end to all forms of discrimination against homosexuality.
    • Religious sanctions: Same sex acts are punishable by death in Arab countries. No religion openly embraces same sex marriage. More or less, they are considered un-natural everywhere.
    • Social stigma:  Apart from the harsh legal scenario, homosexuals face social stigma as well. Same sex marriages are still unimaginable as any instance of sexual relations between a couple of the same sex draws hatred and disgust.
    • Patriarchy: It must not be forgotten that the Indian society is patriarchal in nature and the fact that certain women and men have different choices, which is not sanctioned by the ‘order’, frightens them in a way.
    • Burden of collectivity: Our society is very community oriented and individualism is not encouraged in the least, any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism.

    Arguments in favor

    • Pursuit of happiness: Homosexuality is not an offence, it is just a way of pursuit of happiness, a way to achieve sexual happiness or desire.
    • Right to privacy: The fundamental right to liberty (under Article-21) prohibits the state from interfering with the private personal activities of the individual.
    • Arbitrariness: Infringement of, the right to equal protection before law requires the determination of whether there is a rational and objective basis to the classification introduced.
    • Issues with definition: Section-377 assumes that natural sexual act is that which is performed for procreation. Hence, it thereby labels all forms of non-procreative sexual act as unnatural.
    • Discrimination: Section-377 discriminates on the basis of sexual orientation which is forbidden under Article-15 of the Constitution. Article-15 prohibits discrimination on several grounds, which includes Sex.
    • Human rights: The universal law of Human Rights states that social norms, tradition, custom or culture cannot be used to curb a person from asserting his fundamental and constitutional rights.
    • Many countries recognizing: According to global think tank Council of Foreign Relations, same sex marriages are legal in at least 30 countries, including the United States, Australia, Canada and France.

    Way forward

    • Dissociating from religion: Such marriages are forbidden in almost every religion. Hence no single religion should be considered a hindrance in creating a legal sanction.
    • Doing away with discrimination: The same-sex community needs an anti-discrimination law that empowers them to build productive lives and relationships irrespective of gender identity.
    • Letting the society evolve: The society has to imbibe the doctrine of progressive realization of rights and it cannot be forcibly convinced by law.
    • Creating awareness: Certainly this is not an overnight phenomenon. We are society where practice of Sati and Nikah halala was considered a religious order.

     

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  • World Bank Index on Life Cycle of Working Women

    women

    Central idea: The article reports on India’s score in the World Bank Index on the life cycle of working women.

    World Bank Index on the Life Cycle of Working Women

    • It is a tool developed by the World Bank to measure and track the progress of women’s economic participation and opportunities over their lifetimes.
    • It is based on a set of indicators that measure factors such as laws and regulations affecting women’s employment, access to finance, and gender-based violence and harassment in the workplace.

    The index is divided into three categories:

    1. Starting a job,
    2. During employment, and
    3. After employment.
    • Each category includes a set of indicators that measure the specific challenges and opportunities faced by women at different stages of their careers.
    • The purpose of the index is to provide policymakers and stakeholders with data and insights that can be used to inform policies and programs aimed at improving women’s economic opportunities and outcomes.
    • The index is updated periodically to track progress over time and identify areas where more action is needed.

    India’s performance

    • India has scored 74.4 out of 100 in the World Bank Index on the life cycle of working women, which measures factors like laws, regulations, and practices affecting women’s economic participation.
    • This score places India at 140th out of 190 countries surveyed in the index.

    Issues highlighted

    • India has made progress in certain areas, such as maternity benefits and anti-discrimination laws.
    • There are still significant gaps in areas like equal pay and access to finance.
    • The report also highlights the impact of the COVID-19 pandemic on women’s economic participation, with many women facing job losses and reduced hours of work.

    Key recommendations

    • The report concludes by recommending actions that can be taken to improve women’s economic participation, such as-
    1. Increasing access to childcare
    2. Promoting flexible work arrangements and
    3. Addressing gender-based violence and harassment in the workplace

     

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  • Academic Freedom in India declined strongly since 2013: Report

    freedom

    India’s academic freedom index is in the bottom 30 percent among 179 countries, according to a new report.

    Academic Freedom Index Update, 2023

    • The report was a collaborative effort of 2,917 country experts worldwide.
    • It was co-ordinated by Swedish think tank V-Dem Institute and the Institute of Political Science at the Friedrich Alexander University in Germany.
    • It identified 22 countries – including India, China, the United States and Mexico – where it said universities and scholars experience significantly less academic freedom today than they did ten years ago.
    • The index score measures five indicators-
    1. Freedom to research and teach
    2. Freedom of academic exchange and dissemination,
    3. Institutional autonomy of universities
    4. Freedom of academic and cultural expression and campus integrity
    5. Absence of security infringements and surveillance on campus.

    What one means by academic freedom?

    • Academic freedom refers to the independence and autonomy that scholars and researchers have in pursuing their academic work, without fear of censorship, retaliation, or repression from the government or other entities.
    • It includes the freedom to conduct research, publish findings, and express opinions and ideas, without interference or pressure from external forces.
    • It is considered a cornerstone of higher education and is essential for the advancement of knowledge and the free exchange of ideas.

    India’s performance

    • India is ranked among the bottom 30% with an index score of less than 0.4 among the 179 countries assessed by the researchers.
    • On a scale of 0 (low) to 1 (high), India scored 0.38, lower than Pakistan’s 0.43 and the United States’ 0.79, says the report. LOL!
    • The report has ranked the United States among the top 50% of countries with an index score just below 0.8. China has been ranked among the bottom 10% with a score of less than 0.1.
    • The report said that academic freedom in India began to decline in 2009 with a drop in university autonomy, followed by “a sharp downturn in all indicators” from 2013.

    Reasons for such poor ratings

    • A lack of a legal framework to protect academic freedom has enabled attacks on academic freedom.
    • The report sees there is notable pressure on the institutional dimensions of academic freedom — institutional autonomy and campus integrity.

    Again anti-India narrative

    • The report sees regime change in India since as a declining trend in the country’s academic freedom.
    • All such reports are being increasingly publicized ahead of India’s general elections in 2024.

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  • Two Australian public universities to set up campuses in GIFT City

    Central idea:

    GIFT City, Gandhinagar

    • GIFT city is India’s first operational smart city and international financial services centre (much like a modern IT park).
    • The idea for GIFT was conceived during the Vibrant Gujarat Global Investor Summit 2007 and the initial planning was done by East China Architectural Design & Research Institute (ECADI).
    • Approximately 225 units/companies are operational with more than 12000 professionals employed in the City.
    • The entire city is based on the concept of FTTX (Fibre to the home / office).The fiber optic is laid in fault tolerant ring architecture so as to ensure maximum uptime of services.
    • Every building in GIFT City is an intelligent building. There is piped supply of cooking gas. India’s first city-level DCS (district cooling system) is also operational at GIFT City.

     

    Procedure for Universities coming to India

    • The process for getting approval for setting up a campus in India will be strictly online in the beginning. Interested institutions have to apply at the UGC portal with a non-refundable fee, and then submit some documents.
    • After the applications are received, a committee formed by the Commission will examine these applications on these factors:
    1. Credibility of the institution
    2. Programmes to be offered by the institution
    3. Their potential to strengthen academic opportunities in India
    4. Proposed infrastructure

    UGC (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations 2023: Key questions answered

    • UGC approval compulsory: All foreign universities that wish to set up their campus in India will be allowed to do so only after getting approval from the UGC.
    • Reputed institutions: To set up a campus in Indian foreign universities will either have to be in the top 500 to apply or will have to be “highly reputed” in their respective countries (if the varsity does not participate in global rankings). If their ranking is between 500 and 100, but the subject-wise ranking is higher than overall, then in such cases, the institutions will be permitted to set up their campuses only for those ranked subjects.
    • Quality assurance: Additionally, the UGC will reserve the right to inspect these Indian campuses of foreign HEIs at any time, and they will not be outside the purview of anti-ragging and other criminal laws.
    • Offline classes only: All the foreign universities that open their branches in India will be allowed to conduct offline classes only, i.e. foreign universities can offer only full-time programmes in physical mode.
    • Freedom to choose admission process, fee, and faculty: All foreign varsities will have the freedom to come up with their own admission process. However, the universities will have to ensure “quality of education imparted at their Indian campuses is on par with their main campus.”
    • Admissions to all: Foreign higher educational institutes will have the freedom to enroll Indian as well as international students on their Indian campuses.
    • International funds transfer: To ensure that there is no chaos in funds transfer, all matters related to funding will be as per the Foreign Exchange Management Act 1999.
    • Safeguarding of students’ interest: FHEI shall not discontinue any course or programme or close the campus without the commission’s prior approval. In the case of a course or programme disruption or discontinuation, the parent entity shall be responsible for providing an alternative to the affected students.
    • Equivalence with degrees awarded by Indian HEIs: The qualifications awarded to the students in the Indian campus shall be recognised and treated as equivalent to the corresponding qualifications awarded by the FEHI in the main campus located in the country of origin.
    • Securing India’s national interest: FEHIs shall not offer any such programme or course which jeopardises the national interest of India or the standards of higher education in India. The operation of FEHIs shall not be contrary to the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, or morality.

    Why such move?

    • Increase in domestic enrolment: India has more than 1000 universities and 42,000 colleges. Despite having one of the largest higher education systems in the world, India’s Gross Enrolment Ratio (GER) in higher education is just 27.1%, among the worlds’ lowest.
    • Education quality improvement: The lack of quality in Indian education is reflected in the QS World University Rankings 2022. IIT Bombay was the top-ranking Indian institute in the list with a ranking of 177. Only eight Indian universities made it to the top 400.
    • Paving the way: London Business School, King’s College in London, the University of Cambridge, and New York University have started preliminary discussion with the GIFT City authorities and the regulator to establish facilities at the GIFT International Financial Services Centre.

    Benefits of the move

    • Human capital generation: This move would complement efforts to provide high quality human capital to India’s financial services industry.
    • Decreased overseas spending: Indian students’ overseas spending is set to grow from current annual $28 billion to $80 billion annually by 2024.
    • Reduce FOREX spending: Apart from fostering a competition in quality, International branch campuses can also help in reducing the foreign exchange outflow.
    • Prevents brain-drain: Education attracts opportunities. Atmanirbhar Bharat push will retain the domestic talent. More than eight lakh Indians gave up their citizenship in the last seven years.
    • Increase India’s soft power: Opening the door for foreign universities can improve India’s soft power as it will provide further impetus to the government’s Study in India programme that seeks to attract foreign students.

    Challenges

    • Regulatory challenges: The following factors may deter foreign higher educational institutions from investing in India-
    1. Multi-layer regulatory framework governing different aspects of higher education
    2. Lack of a single regulatory body overlooking the collaborations/ investments and
    3. Multiple approvals are required to operate in India
    • Implementation issues: While NEP has taken the right steps to boost the education sector and pave the way for a globally-compatible education system, its implementation has been slow and requires clarity.
    • Higher possibility of Brain Drain: A policy challenge that stands before the GoI is to facilitate such tie-ups in a way that the Indian talent chooses to and is incentivised to remain in India and the Indian educational infrastructure is developed to match global standards.

    Conclusion

    • The intent of the GoI, with respect to international universities setting up campuses in India, is clear from the provisions in the NEP.
    • However, much clarity is awaited for the proper implementation.

     

     

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  • Can’t legislate on Women’s Marriage Age: Supreme Court

    marriage

    The Supreme Court has rejected a petition seeking a uniform minimum age of marriage for men and women stating that the matter is within the domain of the legislature and not the judiciary.

    Central idea: The minimum age of marriage, especially for women, has been a contentious issue.  It was evolved in the face of much resistance from religious and social conservatives.

    What laws govern marriage age in India?

    Following laws prescribe/mention 18 and 21 years as the minimum age of consent for marriage for women and men respectively:

    1. Special Marriage Act, 1954: It allows people from two different faith/religious backgrounds to come together in the bond of marriage
    2. Sarda Act, 1978: Named after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man, respectively.
    3. Prohibition of Child Marriage Act, 2006: It provides that the minimum age of marriage is 21 years in case of males, and 18 years in case of females.

    Evolution of the idea: Age of Consent

    • The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.
    • The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.
    • The law faced opposition from leaders including Lokmanya Tilak, who saw the British intervention as an attack to create rift within family intuitions in the name of equal rights.
    • A legal framework for the age of consent for marriage in India only began in the 1880s.

    Central idea: Attainment of Majority

    • The minimum age of marriage is distinct from the age of majority which is gender-neutral.
    • An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
    • The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

    How this confers ‘Unequal Treatment’?

    • Articles 14 and 21 of the Constitution guarantee the right to equality and the right to live with dignity.
    • They are clearly violated by having different legal age for men and women to marry, argue activists.

    Supreme Court rulings supportive to this

    • NALSA vs. Union of India, 2014: The Supreme Court while recognizing transgenders as the third gender said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws.”
    • Joseph Shine v Union of India, 2019: The Court decriminalized adultery and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity.”

    Contention over different legal standards

    • No rationale behind: There is no reasoning in the law for having different legal standards of age for men and women to marry.
    • More of religious decree: The laws are a codification of custom and religious practices.
    • Stereotype for male dominance: The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.
    • Promotes premature marriage of girl child: Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men and therefore, can be allowed to marry sooner.
    • Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
    • Other factors: Early marriage age has latent outcomes such as early dropouts from school, deprivation from higher education etc.

    Why is the law being relooked at?

    • Prevalence of child marriage: Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.
    • Bring gender-neutrality: From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
    • Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.
    • Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.

    Policy measures in this regard: Jaya Jaitly Committee

    • In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anaemia, IMR, MMR and other social indices.
    • The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

    Key recommendations

    • The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
    • The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
    • Skill and business training has also been recommended, as has sex education in schools.
    • The committee said these deliveries must come first, as, unless they are implemented and women are empowered, the law will not be as effective.

    Criticism of the move to raise the legal ages

    • Promote illegal marriages: Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.
    • Ineffectiveness of existing laws: Decrease in child marriages has not been because of the existing law but because of an increase in girls’ education and employment opportunities.
    • Unnecessary coercion: The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

    Way forward

    • Enacting Legislation: Establishing a Uniform Minimum Age of Marriage for Both Men and Women
    • Effective Implementation and Enforcement: Preventing Child Marriages and Gender-Based Discrimination
    • Addressing Root Causes: Improving Access to Education and Healthcare, Promoting Women’s Participation, and Reducing Gender-Based Violence and Discrimination
    • Coordinated Multi-Sectoral Approach: Involving the Government, Civil Society and religious scholars.

     

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  • What is Special Marriage Act, 1954?

    marriage

    Central idea: An actress recently held her interfaith-marriage under the Special Marriage Act, 1954.

    What is the Special Marriage Act?

    • The Special Marriage Act of 1954 (SMA) was passed by the Parliament on October 9, 1954.
    • It governs a civil marriage where the state sanctions the marriage rather than the religion.
    • The minimum age to get married under the SMA is 21 years for males and 18 years for females.

    Why was it enacted?

    Ans. Interfaith/ Inter-caste Marriages

    • Issues of personal law such as marriage, divorce, adoption are governed by religious laws that are codified.
    • These laws, such as the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
    • However, the SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.

    Why is it ‘Special’?

    • Detachment from the family: Once married as per the secular law, under Section 19 of the Act, any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to affect their severance from the family.
    • Losing inherited property: This would affect rights, including the right to inheritance, of the persons choosing to marry under the SMA.

    Who can get married under the Special Marriage Act?

    • The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
    • Some customary restrictions such as parties not being within degrees of a prohibited relationship still apply to couples under SMA.
    • In 1952, when the Bill was proposed, the requirement of monogamy was considered radical.
    • Section 4 of the SMA requires that at the time of marriage, “neither party has a spouse living” or is “incapable of giving a valid consent to it in consequence of unsoundness of mind”.

    What is the procedure for a civil marriage?

    • As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
    • Before the marriage is solemnized, the parties and three witnesses are required to sign a declaration form before the Marriage Officer.
    • Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage.

    Furore over such marriages

    Ans. Religious conversion has emerged as the practical way to cohabit as a couple, in a country where neither the inter-faith, inter-caste nor the live-in couples can earn societal approval.

    • As per some Personal laws, in order to get married conversion of religion to get equalized is the only way.
    • There are cases of being allegedly lured and honey-trapped by men and those girls now seeking their help to free themselves.
    • Interfaith marriages these days are believed to be a forced conversion of the women spouses.
    • Fundamentalists’ claims that men of a particular religion are trained on the intricacies of religious doctrine to allure other religion women for marriage in an attempt to finish off her religion.

     

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  • Highlights of ASER 2022

    aser

    Pratham’s Annual Survey of Education Report (ASER) 2022 — the first full-fledged one after the pandemic has now been published.

    ASER Survey

    • This is an annual survey (published by the education non-profit Pratham) that aims to provide reliable estimates of children’s enrolment and basic learning levels for each district and state in India.
    • ASER has been conducted every year since 2005 in all rural districts of India. It is the largest citizen-led survey in India.
    • It is also the only annual source of information on children’s learning outcomes available in India.
    • The survey is usually done once in two years.

    How is the survey conducted?

    • ASER tools and procedures are designed by ASER Centre, the research and assessment arm of Pratham.
    • The survey itself is coordinated by ASER Centre and facilitated by the Pratham network. It is conducted by close to 30,000 volunteers from partner organizations in each district.
    • All kinds of institutions partner with ASER: colleges, universities, NGOs, youth groups, women’s organizations, self-help groups, and others.
    • The ASER model has been adapted for use in several countries around the world: Kenya, Uganda, Tanzania, Pakistan, Mali, and Senegal.

    Assessment parameters

    • Unlike most other large-scale learning assessments, ASER is a household-based rather than school-based survey.
    • This design enables all children to be included – those who have never been to school or have dropped out, as well as those who are in government schools, private schools, religious schools or anywhere else.
    • In each rural district, 30 villages are sampled. In each village, 20 randomly selected households are surveyed.
    • Information on schooling status is collected for all children living in sampled households who are in the age group 3-16.
    • Children in the age group 5-16 are tested in basic reading and basic arithmetic. The same test is administered to all children.
    • The highest level of reading tested corresponds to what is expected in std 2; in 2012 this test was administered in 16 regional languages.
    • In recent years, this has included household size, parental education, and some information on household assets.

    Highlights of ASER 2022

    The ASER 2022 report, which surveyed 6.99 lakh children aged 3 to 16 across 616 rural districts, however, bears some good news. School-level enrolment continues to grow strong and fewer girls are now out of school.

    (1) Enrolment

    • India has recorded a 95% enrolment for the last 15 years in the 6-14 age group.
    • Despite the pandemic forced school closure, the figure rose from 97.2% in 2018 to 98.4% in 2022.
    • Only 1.6% children are now not enrolled.
    • There is a clear increase in government school (6-14) enrolment across states — it rose from 65.6% in 2018 to 72.9% in 2022.
    • This is contrast to the trend in the 2006-14 period, which marked a steady decline in government school enrolment for the 6-14 age group.
    • From 10.3% of 11-14 year old girls not enrolled in schools in 2006, the proportion came down to 4.1% in 2018 and is at 2% in 2022. Save Uttar Pradesh, where it is at 4%, the number is lower across states.

    (2) Learning Loss

    • The ASER 2022 report says that children’s basic reading ability has dropped to ‘pre2012 levels, reversing the slow improvement achieved in the intervening years’.
    • The decline is seen across gender and across both government and private schools and is more acute in lower grades.
    • Percentage of children in Class III in govt or private schools who can read at Class II level dropped from 27.3% in 2018 to 20.5% in 2022.
    • Class V students who can at least read a Class II level text fell from 50.5% in 2018 to 42.8% in 2022.
    • Nationally, 69.6% of Class VIII students can read at least basic text in 2022, falling from 73% in 2018.

    (3) Arithmetic abilities

    • Students in Class III who are able to at least do subtraction dropped from 28.2% in 2018 to 25.9% in 2022.
    • For Class V, students who can do division has also fallen from 27.9% in 2018 to 25.6% in 2022.
    • Class VIII has done better with an improvement recorded — proportion of children who can do division has increased from 44.1% in 2018 to 44.7% in 2022.
    • ASER says that this increase is driven by improved outcomes among girls as well as among children enrolled in government schools, whereas boys and children enrolled in private schools show a decline over 2018 levels.

    (4) Tuition dependency

    • Rural India has been reporting an uptick in Class I-VIII paid tuition classes and it has moved up from 26.4% in 2018 to 30.5% in 2022.
    • In UP, Bihar, and Jharkhand, the proportion of children taking paid private tuition increased by 8 percentage points.

    (5) English proficiency

    • ASER recorded English abilities last in 2016 and the trend stays similar till date.
    • Children’s ability to read simple English sentences was at 24.7% in 2016 and is found at 24.5% in 2022.
    • Class VIII has shown some improvement from 45.3% in 2016 to 46.7% in 2022.
    • Children’s basic reading ability has dropped to pre-2012 levels, reversing the slow improvement achieved in the intervening years, while the basic maths skills have declined to 2018 levels nationally.

    (6) Schools improvement

    • Average teacher attendance increased from 85.4% in 2018 to 87.1% in 2022, while average student attendance persists at 72% as before.
    • Textbooks had been distributed to all grades in 90.1% of primary schools and in 84.4% of upper primary schools.
    • Fraction of schools with useable girls’ toilets increased from 66.4% in 2018 to 68.4% in 2022.
    • There were 76% schools with drinking water facilities compared with 74.85% in 2018, but there are interstate variations.
    • In 2022, 68.9% schools had a playground, up slightly from 66.5% in 2018.

    Way forward

    • In the past 10 years, we’ve seen improvement, but it has been in small bits. So it means that we really need to shake up things.
    • It is a critical thing for improving the productivity of the country. Business as usual is not going to work.
    • Again, it’s not a new message, but it’s a message that needs to be reiterated.
    • There are Anganwadi everywhere and their enrollment has gone up. Integration between the Anganwadi system and the school system is urgently needed because the work starts there.

     

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  • Supreme Court to hear petitions for Criminalization of Marital Rape

    marital rape

    The Supreme Court is set to begin hearing a series of petitions seeking to criminalize marital rape from March 14.

    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 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 and sexual mutilation.
    • 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 offense 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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  • Indian women’s labor force participation is declining

    participation

    Context

    • According to the World Bank report released in June 2022, Indian women’s labour force participation proportion of the population over the age of 15 that is economically active has been steadily declining since 2005 and is at a low of 19 percent in 2021.

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    How the experts are analysing the falling participation of women?

    • Patriarchy in continuity: According to some experts there is continuities of patriarchal oppression and structural barriers to women’s economic participation in India.
    • Informal economy not accounted: Other group of experts says these claims fail to acknowledge that this measure does not capture women’s participation in the informal economy.
    • Preference for home-based work: In developing economies such as India, women are concentrated in the informal sector and demonstrate a preference for home-based work opportunities that allow them to balance their domestic duties with income-generating activities.
    • Social consideration: It is simplistic and instrumental link between women’s labour force participation and measures of societal development.
    • Reductionist approach: It is important to move beyond reductionist explanations and probe how women’s employment operates in specific contexts. This calls for a more comprehensive understanding of women’s decision-making and navigation around employment.

    participation

    Economy theory about women participation in labour force

    • Standard economic theory: Standard economic theory predicts that as household income increases, women withdraw from devalued labour because their income is no longer required to run the household.
    • Income employment: As household income rises and educational attainment improves, women re-enter the workforce.
    • Mismatch of skills: But for moderately educated women from upwardly mobile families, there is often a mismatch between available jobs and their skills and ambitions.
    • Aversion towards low-paid jobs: As their families are in the process of claiming middle-class status, young women are often averse to taking up low-paid jobs in the formal economy.
    • Class and social mobility: If they are unable to secure high-status white-collar jobs, they prefer home-based work such as tailoring or running tuitions for young children. Thus, women’s employment preferences are often intertwined with family-centred projects of class and social mobility.

    participation

    Study of ground reality about women employment

    • Facilitated study group: In a recent study, facilitated study group (FSG) interviewed 6,600 women of working age from low-income communities across 16 cities in India.
    • Small job and business: It found that women’s ability to work outside the home is defined by the views of their family members who prefer women working from home or engaging in a small business to allocate more time to household responsibilities. But 59 percent of women prefer jobs in the formal sector over entrepreneurship.
    • Less use of child care: Less than 1 percent of working mothers with children under 12 years old have used paid childcare services. 89 percent are unwilling to use paid childcare services.
    • Preference to family care: Affordability isn’t a key factor in not considering paid day-care. It’s because mothers do not trust day-care services as they do not provide ‘family-like’ care.
    • Balancing the familial expectations: These findings suggest that Indian women’s employment-related decisions are shaped by considerations of providing caregiving to their children and balancing their preferences with familial expectations.

    What should be the right approach about women participation?

    • Family responsibility and career: women, especially in low-income communities in India, have a composite view of their lives (jobs, enterprises, care work, upholding traditions, and community connections) and navigate through these with their household and extended family.
    • Comprehensive view of life: The non-compartmentalisation emerges from a culturally embedded and empirically grounded perspective that does not view culture as a limitation, but as a resource and enabler that provides a comprehensive valuation for all kinds of work that women do (informal and formal).
    • Understanding the cultural context: This translates into everyday negotiations that have less to do with upturning the current social structure and more with negotiating for increased autonomy within the cultural context.
    • Flexible working Hours: Policy solutions must derive from the negotiations women are interested in undertaking with their employers around home-based work or flexible working hours. It is important to perceive women’s employment goals as reflective of preferences defined not only by their gender but also by their social and cultural context.

    participation

    Conclusion

    • The breakdown of the family structure and caregiving systems in developed economies offers an important lesson. If Indian women want to participate in the formal labour force while retaining their family structure, this preference should be accommodated in institutional and interpersonal responses.

    Mains Question

    Q. In the context of world bank report analyse the declining participation of women in labour force. What should be the right approach to increase the participation of women in labour force?

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