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Subject: Polity

  • Child, law, and consensual sex

    What’s the news?

    • The recent High Court decisions have brought to the forefront the complexities surrounding consent and the age of consent under POCSO.

    Central Idea

    • In recent months, several High Courts have either quashed FIRs or acquitted accused persons under the Protection of Children from Sexual Offences (POCSO) Act, 2012, citing consensual sex as the reason. These decisions raise critical questions about the interpretation of consent and the age of consent, necessitating a thorough examination to ensure the best interests of the child.

    Defining consent and the age of consent

    • Consent:
    • In the context of sexual relationships, consent is an explicit and voluntary agreement between individuals to engage in sexual activity. It must be given without any form of coercion, manipulation, or pressure.
    • The concept of consent is crucial in promoting healthy and respectful relationships and preventing sexual misconduct.
    • Age of Consent:
    • The age of consent is a legal designation that specifies the minimum age at which an individual is considered capable of providing informed and lawful consent to engage in sexual activities.
    • In the case of the Protection of Children from Sexual Offences (POCSO) Act, 2012, a child is defined as any person below the age of 18 years.
    • Acts of penetrative sexual assault committed on children are considered criminal offenses under this act, regardless of their consent.

    Recent High Court decisions regarding cases related to the POCSO Act

    • Delhi High Court (July 12): The court granted bail to a 25-year-old accused, reasoning that the 15-year-old girl had eloped with him on her own and did not support the prosecution’s claim of sexual assault.
    • Bombay High Court (July 10): The court quashed the conviction of a 25-year-old man under POCSO, stating that he had engaged in consensual sex with a 17-year-old girl. The girl had terminated her pregnancy after the accused was arrested.
    • Madras High Court (July 7): The court quashed an FIR registered under POCSO and all related criminal proceedings. Furthermore, it directed the Director General of Police to produce reports of all such pending cases before the Court.
    • Madhya Pradesh High Court (June 27): The court quashed an FIR registered under POCSO and all criminal proceedings, stating that the sexual relationship was consensual. The judgment did not mention the age of the accused, who happened to be the coach of the victim. Additionally, the Court recommended that the Indian government consider reducing the age of consent of the prosecutrix from 18 to 16 years.

    Challenges and concerns over the recent High Court decisions

    • Interpretation of Consent: One of the significant challenges lies in the interpretation of consent in cases involving minors. While the age of consent is legally defined as 18 years in India under POCSO, some High Courts acquitted accused individuals based on the premise of consensual sex, even when the victims were below the age of 18.
    • Age Disparity: In some of the cases, there was a considerable age difference between the prosecutrix (the victim) and the accused. Despite this age disparity, the courts did not take it into account while delivering their judgments.
    • Deterrence Factor: The harsh minimum imprisonment terms under POCSO for sexual offenses against minors, such as 10 years and 20 years for penetrative sexual assault and aggravated penetrative sexual assault, respectively, may have influenced the reluctance of courts to convict accused individuals in consensual sex cases.
    • Legal Presumption: POCSO includes a mandatory legal presumption in favor of the victims. However, in some of the recent judgments, the High Courts did not consider this presumption, leading to questions about the application of the law in protecting the interests of the child victims.
    • Child Welfare: The primary objective of POCSO is to safeguard children from sexual offenses, irrespective of consent. The recent decisions have sparked debates about whether these judgments truly serve the best interests of the child, or if they may unintentionally undermine the protective intent of the law.
    • Need for Judicial Consistency: Inconsistencies in judgments by different High Courts create uncertainty in the legal system. Ensuring consistency in interpreting the law is essential for upholding the ‘Best Interests of the Child’ and maintaining public trust in the justice system.

    Role of the Supreme Court in resolving the discrepancies

    • As reducing the age of consent falls under the jurisdiction of Parliament, the Supreme Court must play a crucial role in resolving the discrepancies between the laid-down law and the various interpretations by different High Courts.
    • This is particularly relevant given the Supreme Court’s previous judgment in Independent Thought v. Union of India (2017) wherein it held that even sexual intercourse with a minor wife is rape

    Steps to address these gaps quickly

    • Analyze Cases: The Bureau of Police Research and Development should analyze cases of consensual sex, age-wise, across different states. This analysis can help the Central government make informed decisions regarding the age of consent and its potential reduction.
    • Reduce Harsh Minimum Imprisonment: The minimum imprisonment terms for sexual offenses under POCSO should be re-evaluated. Instead of acting as a benefit to the accused, the punishment should act as a deterrent and ensure justice for child victims.
    • Judicial Leeway in Age of Consent: Consider granting some leeway to the judiciary in interpreting consent in cases where the victim is of lower age based on the child’s understanding of consequences. This would allow for a more nuanced approach to cases involving minors.
    • Uphold the Best Interest of the Child: The ‘Best Interests of the Child’ principle should be a guiding factor in all decisions related to POCSO cases. The welfare and well-being of the child victims should be the paramount consideration.
    • Supreme Court Intervention: The Supreme Court must intervene promptly to address the gap between the laid down law and the different interpretations by the High Courts. Its role is crucial in ensuring consistency and uniformity in the application of the law.
    • Legislative Review: The Parliament should consider reviewing the age of consent in light of the recent High Court decisions and expert analyses. Any potential reduction in the age of consent should be done thoughtfully, with the ‘Best Interests of the Child’ as the primary concern.
    • Public Awareness: Launch public awareness campaigns to educate the public about the importance of protecting children from sexual offenses and the legal rights of child victims.
    • Specialized Training: Provide specialized training to judges, prosecutors, and lawyers on child protection laws and the Best Interests of the Child principle to enhance their understanding of the unique needs and vulnerabilities of child victims

    Conclusion

    • Striking a balance between protecting children from sexual assault and considering their understanding of consent is essential. It is imperative for the Supreme Court and the legislature to address this issue promptly to ensure the welfare and safety of children across the country.

    Also read:

    Reviewing the Age of Consent Under POCSO Act

     

  • Adjournment Motion in Indian Parliament

    Central Idea

    • During the monsoon Session of Parliament, Opposition parties demanded discussions on alleged sexual assaults in Manipur and ongoing ethnic violence.
    • Many MPs moved adjournment motions, leading to the Lok Sabha’s adjournment.

    Let’s explore the various motions raised in Indian Parliament and their significance.

    (A) Short Duration Discussion (Rule 193)

    • Applicability: This procedure is available in both Lok Sabha and Rajya Sabha.
    • Description: A short-duration discussion can take place when the Chairman or Speaker believes that a matter is urgent and of sufficient public importance. The discussion can last for a maximum of two and a half hours.

    (B) Motion with a Vote (Rule 184)

    • Applicability: This motion is relevant in Lok Sabha.
    • Description: If a motion meets certain conditions, such as not containing defamatory statements, being on a matter of recent occurrence, and not being pending before any statutory authority or court of enquiry, it can be admitted. The Speaker can then allocate a time period for the discussion. This type of motion involves a vote to determine Parliament’s position on the issue and requires the government to follow Parliament’s decision.

    (C) Adjournment Motion

    • Applicability: The adjournment motion is relevant only in Lok Sabha and is not available in Rajya Sabha.
    • Description: An adjournment motion is moved to discuss a “definite matter of urgent public importance” with the Speaker’s consent. The notice for this motion must be given before 10 AM on a given day to the Lok Sabha Secretary-General. The motion must meet specific criteria to be admitted. The passage of an adjournment motion does not require the government to resign but is seen as a strong censure of the government.

  • Eighth Schedule of Indian Constitution

    langauge eighth

    Central Idea

    • The Supreme Court said it cannot direct the Centre to include Rajasthani as an official language in the Eighth Schedule of the Constitution.

    About Eighth Schedule

    • The Eighth Schedule outlines the official languages of the Republic of India.
    • Articles 344(1) and 351 of the Constitution contain constitutional provisions relating to the Eighth Schedule.
    • It was originally created to grant representation on the Official Languages Commission and enrich Hindi and English, the official languages of the Union.
    • Candidates appearing for public service examinations have the privilege of using any language from the Eighth Schedule as a medium to answer the exam papers.
    Article 344(1): It mandates the appointment of a Commission by the President after 5 years from the date the Constitution comes into effect.

    Article 351: It places the responsibility on the Union to promote and develop the Hindi language, enabling it to be a medium of expression for India’s diverse cultural elements.

    Article 351(1): The President is required to establish a commission every five years, and subsequently every ten years, with a chairman and members representing languages listed in the Eighth Schedule. The primary role is to provide advice to the President on the effective use of Hindi for official purposes by the GOI.

    Languages included

    • 22 languages: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu, and Urdu.
    • Classical Languages among these: Tamil (declared in 2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014).

    Chronological Additions

    • 1950: The Constitution initially included 14 languages in the Eighth Schedule.
    • 1967: Sindhi was added through the 21st Constitutional Amendment Act.
    • 1992: Konkani, Manipuri (Meitei), and Nepali were included through the 71st Constitutional Amendment Act.
    • 2003: Bodo, Dogri, Maithili, and Santali were added through the 92nd Constitutional Amendment Act.
    • 2011: The spelling “Oriya” was replaced with “Odia” through the 96th Constitutional Amendment Act.

    Try this PYQ:

    Consider the following languages:

    1. Gujarati
    2. Kannada
    3. Telugu

    Which of the above has/have been declared as ‘Classical Language / Languages’ by the Government?

    (a) 1 and 2 only

    (b) 3 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”unf849h9qq” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

  • Opposition calls for President’s Rule in Manipur

    manipur president rule
    PC: The Hindu

    Central Idea

    • A political party has called for the dismissal of the state government in Manipur and immediate imposition of President’s Rule to initiate a peace process under a neutral administration.

    What is President’s Rule?

    • Article 356 of the Indian Constitution, commonly known as President’s Rule, empowers the President to impose central rule in a state where the constitutional machinery has broken down.
    • While initially intended for extraordinary circumstances, it has often been misused by central governments for political purposes.

    Provisions of Article 356:

    • Imposition of President’s Rule: Article 356 allows the President to withdraw the executive and legislative powers of a state government when it cannot function in accordance with the Constitution.
    • Triggering factors: The President can invoke Article 356 based on a report from the Governor or suo motu if the constitutional machinery has broken down in the state.
    • Duration: It can be imposed for six months at a time, with a maximum duration of three years.
    • Parliamentary approval: Every six months, Parliament’s approval is required to continue the imposition of President’s Rule.

    Historical Origins

    • Inspiration from the Government of India Act, 1935: Article 356 was inspired by Section 93 of this act, which allowed the Governor of a province to assume the powers of the government under certain circumstances.
    • Controlled democracy: The provision provided some autonomy to provincial governments while enabling British authorities to exercise ultimate power when necessary.

    Political Misuse of Article 356

    • Early instances: During Congress dominance, Article 356 was used against governments of the Left and regional parties in states. Jawaharlal Nehru’s government utilized it six times until 1959, including to dislodge Kerala’s elected communist government.
    • Increasing misuse: In subsequent decades, Article 356 was used frequently against state governments by various central governments, including those led by Indira Gandhi and the Janata Party.

    Landmark Judgment: S R Bommai Case

    • Landmark Supreme Court ruling: In the 1994 R. Bommai v. Union of India case, the Supreme Court provided detailed guidelines on the use of Article 356.
    • Specific instances for imposition: The court stated that President’s Rule can be invoked in cases of physical breakdown of the government or a ‘hung assembly.’
    • Curbing arbitrary use: The judgment emphasized the need to give the state government a chance to prove its majority or instances of violent breakdown before imposing President’s Rule.

    Try this PYQ:

    Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?

    1. Dissolution of the State Legislative Assembly
    2. Removal of the Council of Ministers in the State
    3. Dissolution of the local bodies

    Select the correct answer using the code given below:

    (a) 1 and 2

    (b) 1 and 3

    (c) 2 and 3

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”v9p0oai83g” question=”Please leave a feedback on this” opened=”1″]Post your answers here. [/wpdiscuz-feedback]

     

  • What is an adjournment motion, moved by Congress MPs in Parliament?

    adjournment

    What’s the news?

    • In the second day of the Monsoon Session of Parliament, the Lok Sabha witnessed adjournment proceedings as Opposition parties demanded an urgent discussion on the alleged sexual assault of women in Manipur amid the ongoing ethnic violence in the state.

    Central idea

    • Congress MPs moved adjournment motions, urging Prime Minister Narendra Modi to address the matter and uphold the government’s constitutional commitment to protect religious minorities and Scheduled Tribes. This article will delve into the concept of adjournment motions and their differences from other parliamentary motions raised in Indian Parliament.

    What is an adjournment motion?

    • An adjournment motion is a parliamentary procedure used to raise an issue of urgent public importance that requires immediate discussion and debate.
    • It allows Members of Parliament (MPs) to interrupt the regular business of the house and seek the attention of the entire house on a specific matter that is deemed pressing and critical.
    • Adjournment motion can be moved in the Lok Sabha by any member who seeks the Speaker’s consent to discuss a definite matter of urgent public importance.
    • The notice for an adjournment motion must be given before 10 am to the Lok Sabha Secretary-General on the day it is to be raised.

    Parliamentary Procedures in Indian Parliament

    • Members of Parliament in both the Lok Sabha and Rajya Sabha have various procedures to draw attention to relevant issues.
    • There are four main procedures under which discussions can take place in the Lok Sabha – a debate without voting under Rule 193, a motion (with a vote) under Rule 184, an adjournment motion, and a no-confidence motion.
    • Similar measures, except no-confidence motion, also exist in the Rajya Sabha.

    Rule 193: Short Duration Discussion

    • Under Rule 193 of the Lok Sabha’s rules and Rule 176 of the Rajya Sabha’s rules, Short Duration Discussions can take place.
    • These discussions require the Chairman or Speaker’s satisfaction that the matter is urgent and of sufficient public importance.
    • The Chairman or Speaker can then fix a date for discussion, allowing a time period of up to two and a half hours.
    • Disagreements over the rule to invoke led to the adjournment of the Rajya Sabha on the issue of Manipur.

    Rule 184: Motion with a Vote

    • A motion on a matter of general public interest can be admitted under Rule 184 if it satisfies certain conditions.
    • The motion should not contain arguments, inferences, ironical expressions, imputations, or defamatory statements.
    • It must be restricted to a recent occurrence and cannot pertain to a matter pending before any statutory authority, commission, or court of enquiry.
    • The Speaker can allow such a motion to be raised at his own discretion, and a time period for discussion can be allotted.

    Significance of the adjournment motion

    • It allows the Parliament to discuss pressing matters promptly, ensuring that critical issues do not get overlooked or delayed.
    • It serves as a tool for holding the government accountable for its actions or inactions.
    • By raising urgent matters and initiating discussions, MPs can seek clarifications, explanations, and government responses, which promotes transparency in governance.
    • The discussions resulting from an adjournment motion bring urgent matters into the public domain, raising awareness among citizens about significant issues affecting the country.
    • The government is obligated to address the concerns raised during the adjournment motion debate.
    • It provides an opportunity for the government to present its stance, actions, and plans to address the issue, thus ensuring greater accountability.
    • It empowers the Opposition to raise important issues and bring government shortcomings to the forefront.
    • It gives them a platform to voice dissent and critique government policies, fostering healthy democratic debates.

    Criticisms over the adjournment motion

    • The adjournment motion, once admitted, disrupts the regular proceedings of the house.
    • Other important legislative business, debates, or bills scheduled for that session may get delayed or postponed, affecting the overall productivity of the Parliament.
    • The debate resulting from an adjournment motion can be time-consuming
    • Some critics argue that the adjournment motion overlaps with other parliamentary motions, such as the calling attention motion and the motion for an urgent discussion, which also provide opportunities to discuss urgent matters.
    • In some cases, the adjournment motion can be misused for political purposes rather than genuinely addressing urgent matters.
    • While the adjournment motion raises urgent matters and demands government attention, it does not guarantee immediate action or resolution.

    Conclusion

    • The recent demand for an urgent discussion on the ethnic violence in Manipur through an adjournment motion resulted in the Lok Sabha’s adjournment. Parliament has various procedures to address relevant issues, each with its own set of conditions and implications. As the proceedings are set to resume, it remains to be seen how the government and Opposition parties will navigate the demands for discussion on this critical matter.

    Also read:

    Short Duration Discussions in Parliament

  • Section 69 (A) of IT Act

    Central Idea

    • The Indian government has exercised its powers under Section 69(A) of the Information Technology Act, 2000.
    • It requested Twitter and other social media platforms to remove a video depicting the naked parade and sexual assault of two Manipur women.

    What is Section 69(A) of the IT Act?

    • Empowering Content Takedown: Section 69(A) allows the government to issue content-blocking orders to online intermediaries like ISPs, web hosting services, search engines, etc.
    • Grounds for Blocking: Content can be blocked if it is considered a threat to India’s national security, sovereignty, public order, or friendly relations with foreign states, or if it incites the commission of cognizable offenses.
    • Review Committee: Requests made by the government for blocking content are sent to a review committee, which issues the necessary directions. Such orders are typically kept confidential.

    Supreme Court’s Verdict on Section 69(A)

    • Striking Down Section 66A: In the case of Shreya Singhal vs. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act, which penalized the sending of offensive messages through communication services.
    • Section 69(A) Validated: The Court upheld the constitutionality of Section 69(A) of the Information Technology Rules 2009, noting that it is narrowly drawn and includes several safeguards.
    • Limited Blocking Authority: The Court emphasized that blocking can only be carried out if the Central Government is satisfied about its necessity, and the reasons for blocking must be recorded in writing for legal challenges.

    Other Rulings on Section 69(A)

    • Twitter’s Challenge: Twitter approached the Karnataka High Court in July last year, contesting the Ministry of Electronics and Information Technology’s (MeitY) content-blocking orders issued under Section 69(A).
    • Court’s Dismissal: In July of this year, the single-judge bench of the Karnataka HC dismissed Twitter’s plea, asserting that the Centre has the authority to block tweets.
    • Extending Blocking Powers: Justice Krishna D Dixit ruled that the Centre’s blocking powers extend not only to single tweets but to entire user accounts as well.

    Conclusion

    • The application of Section 69(A) has been a subject of legal and societal debate, as it aims to balance national security and public order concerns with the protection of free speech and expression.

  • Short Duration Discussions in Parliament

    Central Idea

    • The Opposition called for the suspension of all other business under Rule 267 to discuss the Manipur issue, while the government preferred a “Short Duration Discussion” under Rule 176.
    • Understanding the nuances of these rules and their implications is essential for effective parliamentary discussions.

    Rule 267: Suspension of Business

    • Overview: Rule 267 allows Rajya Sabha MPs to suspend all listed business and engage in discussions on matters of national importance.
    • Consent and Suspension: As per the Rules of Procedure and Conduct of Business in Rajya Sabha, any member can seek the Chairman’s consent to suspend the application of a rule related to the day’s listed business.
    • Temporary Suspension: If the motion receives approval, the concerned rule is temporarily suspended.

    Short Duration Discussions under Rule 176

    • Brief Duration Discussions: Rule 176 facilitates short-duration discussions in Rajya Sabha, lasting up to two-and-a-half hours.
    • Notice and Explanatory Note: MPs desiring to raise urgent public matters must provide a written notice to the Secretary-General, including an explanatory note justifying the discussion.
    • Scheduling and Procedure: The Chairman, in consultation with the Leader of the Council, schedules the discussion without formal motions or voting.
    • Statement and Reply: The member who issued the notice presents a brief statement, followed by a concise reply from the Minister.

    Contention Surrounding Rule 267

    • Opposition’s Discontent: The Opposition expresses discontent as their notices under Rule 267 have not been addressed recently.
    • Past Precedents: In the past, several discussions on diverse subjects occurred under this rule during different Chairmen’s tenures.
    • Misuse of Rule: Experts suggest that Rule 267 is being misused as a substitute for the adjournment motion in Lok Sabha, where discussions involve motions with elements of censure, which do not apply to Rajya Sabha.

    Why discuss this?

    • Parliamentary debates hold significant value in addressing pressing public matters and discussing issues critical to the nation.
    • They provide a platform for representatives from various political parties to engage in informed discussions, leading to more effective decision-making and improved governance.

  • Using name ‘INDIA’ in Political Alliances

    india

    Central Idea

    • A complaint has been lodged with the Delhi police against 26 Opposition parties for the alleged “improper use” of the name ‘INDIA’ in their newly formed alliance.

    Why discuss this?

    • The complainant argues that the parties have violated the Emblems and Names (Prevention of Improper Use) Act, 1950.
    • It has allegedly attempted to gain “undue influence” in elections by using the name ‘INDIA’ for their coalition.
    • It alleges that by naming their alliance as ‘INDIA’, they have attempted to exert undue influence on the electorate and may be prosecuted under Section 171F of the Indian Penal Code, 1860.

    About Emblems Act, 1950

    • The Emblems Act, 1950 aims to prevent the improper use of certain emblems and names for commercial and other purposes.
    • The Act seeks to protect the dignity and sanctity associated with national emblems, insignia, and names of international organizations.

    Key features of the Emblem Act

    Description Article/Sections
    Protected Emblems and Names Identifies specific emblems and names protected under the Act, including national emblem, UN emblems, Red Cross, and notified emblems.

    Ensures their dignity and sanctity.

    		 Section 3
    Prohibition of Improper Use Prohibits unauthorized use of protected emblems and names for commercial or misleading purposes.

    Maintains their integrity and respect.

    		 Section 5
    Offenses and Penalties Establishes penalties, including imprisonment and fines, for violating the Act’s provisions. Section 7
    Exceptions and Permitted Use Allows certain circumstances and purposes where use of protected emblems and names is permitted with relevant authorities’ permission. Section 4
    Enforcement and Authorities Grants powers to authorized Police for enforcement, investigation, and legal actions against violators. Section 8

     

  • Marital Rape Case hearing soon: SC

    marital rape

    Central Idea

    • CJI DY Chandrachud has agreed to list a series of petitions seeking the criminalisation of marital rape for an early hearing.
    • The petitions, triggered by decisions from the Karnataka and Delhi High Courts, aim to challenge the exception in Section 375 of the Indian Penal Code (IPC) that currently decriminalises 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.
    • Sex and sexual violence are different altogether irrespective of the person in intercourse.

    Why discuss this?

    • Historical Perspective: Marital rape was historically considered a right of spouses, but it is now recognized as a form of sexual abuse and domestic violence in many societies worldwide.
    • Indian Penal Code: Marital rape is not explicitly recognized as a criminal offense under Section 375 of the Indian Penal Code (IPC).
    • Exception: Exception Two of Section 375 decriminalizes marital rape, stating that sexual intercourse by a man with his own wife, who is not under 18 years of age, without her consent is not considered rape.
    • Non-Criminalization: India is one of the fifty countries that have not yet outlawed marital rape.

    Background and High Court Decisions

    • Karnataka HC: It had in April 2022 held that a husband could be charged with rape if he had forcible sexual intercourse with his wife.
    • Delhi HC: A Division Bench delivered a split verdict in May 2022 on the issue of marital rape. It struck down ‘exception two’ as unconstitutional, while another judge rejected the plea to criminalise marital rape, suggesting that any changes in the law should be addressed by the legislature.
    • Gujarat HC: Before this ruling, in 2018, the Gujarat High Court also called for a relook at the marital rape immunity but quashed the charge of rape against the married man.

    marital rape

    Justice J.S. Verma Committee Recommendations (2013)

    • It recommended the removal of the exception for marital rape.
    • It proposed that the law should specify that the “marital or other relationship between the perpetrator or victim is not a valid defence against the crimes of rape or sexual violation.”

    Key observations by Delhi High Court

    • Spousal Intimacy: The court highlighted that consent within a marriage is often given as a part of spousal intimacy, even when the will to engage may be absent.
    • Written Agreements: The court suggested that treating every such case as marital rape could result in partners having to draft detailed written agreements for survival in a marriage.
    • Burden of Evidence: The court expressed concerns about creating a detailed evidentiary record of every act of intimacy or involving a third party as a witness.
    • Marriage Obligations: The court emphasized that marriage entails obligations, including conjugal expectations, financial responsibilities, and duties towards progeny.
    • Sexual Liberty: The court noted that signs of injury on a partner may not necessarily indicate non-consensual sex but could be a result of passion in the age of sexual liberation.
    • Cruelty vs. Rape: The court stated that forced sexual intercourse between spouses cannot be treated as rape and, at most, could be considered sexual abuse under the Domestic Violence Act.

    Reasons against Criminalization

    • Traditional Views: The reluctance to criminalize non-consensual sex between married couples is attributed to traditional views of marriage.
    • Religious Doctrines: Interpretations of religious doctrines often influence the perceptions of marital relationships.
    • Gender Norms: Societal expectations of male and female sexuality and the subordination of wives to their husbands contribute to the resistance against criminalization.
    • Subjectivity: Determining consent in marital rape cases can be subjective and intricate.
    • Potential Misuse: Without adequate safeguards, criminalizing marital rape could be misused by dissatisfied wives to harass their husbands, similar to the misuse of dowry laws.
    • Judicial Burden: Criminalizing marital rape could increase the burden on the judiciary, diverting resources from other important cases.

    Arguments for Criminalization

    • Associated Violence: Marital rape is often accompanied by physical violence, making it a more dangerous form of sexual abuse.
    • Mental Harassment: Research indicates that marital rape can cause more emotional and physical harm than rape by a stranger.
    • Abusive Relationships: Marital rape is frequently part of an abusive relationship rather than a one-time event.
    • Violation of Rights: Criminalizing marital rape is seen as a violation of fundamental rights, including the right to privacy and bodily integrity guaranteed under Article 21 of the Indian Constitution.

    Challenges in Prosecuting Marital Rape

    • Lack of Awareness: Limited public awareness and reluctance of authorities to prosecute are common challenges globally.
    • Gender Norms: Societal norms that subordinate wives to their husbands make it difficult for women to recognize and report marital rape.
    • Acceptability: Prevailing social norms often prevent the acceptance of the concept of marital rape.

    Present Regulations in India

    • Indian Penal Code: The IPC criminalizes rape in most cases, but marital rape is not illegal when the woman is over 18 years of age.
    • Age of Consent: Until 2017, men married to women between 15 and 18 years old could not be convicted of rape.
    • Separated Wives: Marital rape of an adult wife who is separated, officially or unofficially, is a criminal offence punishable by imprisonment.
    • Domestic Violence Act: The Protection of Women From Domestic Violence Act (2005) provides married women subjected to marital rape with the right to demand financial compensation and seek shelter or aid homes.

    Way forward

    • Recognition of Rights: Sanctioning marital rape acknowledges a woman’s right to control her body and self-determination.
    • Need for Concrete Law: The absence of a clear law makes it challenging for the judiciary to decide domestic rape cases without solid evidence.
    • Balancing Rights and Duties: The judiciary should consider the rights and duties of both partners before providing a final interpretation.

  • EC to issue Online Airtime Vouchers for Campaigning

    air

    Central Idea

    • The Election Commission of India has implemented a fully online process for allotting airtime to political parties for campaigning on Akashvani and Doordarshan.
    • The new system replaces the traditional method of collecting physical vouchers and instead issues digital time vouchers through an online platform.

    Airtime Vouchers for Campaigning

    • Objective: To provide equitable access to government-owned electronic media during elections for campaigning purposes.
    • Legal basis: The allotment of time on public broadcasters during campaigning is governed by a scheme notified in January 1998, based on Section 39A of the Representation of People Act, 1951.
    • Allotment Criteria: Each National party and recognized State party receive an equitable base time on Doordarshan (DD) and Akashvani.
    • Scope for additional time: Factors such as past electoral performance, representation in the legislature, and the number of candidates fielded by the party are considered to ensure equitable distribution of airtime.
    • Predefined Schedule: The date and time for telecasts and broadcasts by authorized party representatives are predetermined by Prasar Bharati, in consultation with EC and in the presence of party representatives.

    Regulation of these Vouchers

    • Scrutiny of Party Transcripts: Party transcripts undergo scrutiny to ensure compliance with relevant codes. These codes prohibit content that criticizes other countries, attacks religions or communities, incites violence, or engages in personal attacks.
    • Role of Apex Committee: Disagreements over vetted content are referred to an Apex Committee comprising members from Akashvani and DD. The committee’s decision is final.

    Significance of Digital Vouchers

    • Process Improvement: The decision reflects its commitment to leveraging technology for an improved electoral process and enhanced convenience for all stakeholders.
    • Eliminating Physical Collection: Political parties will no longer need to send representatives to the commission’s offices to collect time vouchers during elections.

    Operational Challenges

    • Limited Access: The scheme is exclusively available to national and recognized State parties, leading to concerns about its true equity.
    • Conflict of Interest in the Apex Committee: The Apex Committee consists of officials from Akashvani and DD, raising concerns about potential conflicts of interest.
    • Row over transcript content: These officials are expected to review their own decisions when conflicts arise with political parties over the transcript content.

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