1. Gender Parity in Child Marriage Laws: A Critical Analysis
Introduction
The Allahabad High Court in Sanjay Chaudhary v. Guddan (2024) annulled the marriage of a couple where the boy was 12 and the girl was 9, under the Prohibition of Child Marriage Act (PCMA), 2006. The case raises questions about gender disparity in annulment rights and the legal age of marriage.
- Legal Provisions and Age Disparity
- Under PCMA, a child is defined as a girl below 18 years and a boy below 21 years.
- The Majority Act, 1875, considers adulthood at 18, without gender distinction.
- The law allows annulment of marriage within two years of attaining majority (i.e., 20 years for females, 23 for males).
- Judicial Interpretations
- Sivakumar v. The Inspector of Police (2011): The Madras High Court ruled that limiting annulment rights to age 23 for men is discriminatory.
- Sanjay Chaudhary Case (2024): The Allahabad High Court ruled that men cannot claim ignorance of law after 18 and struck down gender bias in annulment.
- Independent Thought v. Union of India (2017): The Supreme Court upheld equality in marriage laws but retained 23 years as the annulment limit for men.
- Socio-Legal Concerns
- Women have less time (2 years) than men (5 years) to annul child marriage, creating gender disparity.
- Delayed civil rights (voting, contracts, etc.) do not justify different annulment ages.
- Social implications: Many child marriages are self-arranged (49.4%) with fear of criminal repercussions upon annulment.
- Need for Reforms
- Raising the legal age of marriage for women to 21 for gender parity.
- Alternatives: Improving access to education, economic empowerment, and awareness.
- Strengthening social security, healthcare, and reproductive rights.
Conclusion
There is an urgent need to address gender biases in child marriage laws by ensuring uniform annulment rights. Instead of merely raising the marriage age, a holistic approach focusing on education, social security, and legal awareness will empower women and prevent child marriages.
Bottom of FormMains Practice Question |
Q. The legal framework on child marriage in India reflects gender disparity in annulment rights.” Critically analyze in light of recent judicial pronouncements. (250 words) |
2. India’s Foreign Policy and the MEA Budget: Challenges and Opportunities
Introduction
The Union Budget is primarily focused on taxation, infrastructure, and defense, but the allocation for the Ministry of External Affairs (MEA) plays a crucial role in advancing India’s global ambitions. Despite utilizing over 96% of its revised estimates, the MEA remains one of the least-funded ministries. However, recent budgetary trends indicate India’s intent to strengthen its diplomatic, economic, and strategic influence.
- MEA Budget and India’s Foreign Policy Vision
- The MEA budget witnessed a 23% increase in 2023, higher than previous years.
- Aligns with India’s ‘Viksit Bharat 2047’
- Key foreign policy priorities:
- Leadership in the Global South.
- Strengthening ties with ASEAN and Quad nations.
- Expanding regional connectivity and economic diplomacy.
- Impact on Global Engagements
- Partner countries expect timely project delivery, financial assistance, and diplomatic follow-through.
- MEA allocation is just 0.4% of India’s total budget, limiting its scope.
- Parliamentary recommendations suggest increasing it to 6%-0.8% to fulfill commitments.
- Foreign Aid and Budgetary Trends
- India’s aid to foreign nations declined by 10%, but loans to foreign governments increased by 29%.
- 50% of India’s grants directed to neighboring countries.
- Bhutan remains the largest recipient, followed by Sri Lanka, which saw a 63% increase in aid.
- Bangladesh received the largest share of Lines of Credit (LoC) at $7.86 billion.
- Challenges in Implementation
- Insufficient capacity-building allocations for India’s diplomatic corps.
- Cuts to academic institutions (Nalanda University -20%, South Asian University -22%).
- Need for enhanced financial backing for global diplomacy, research, and regional influence.
- Need for Declassification and Digitization
- External Affairs Minister S. Jaishankar emphasized gaps between Track 1 (official diplomacy) and Track 2 (academic, think tank engagement).
- MEA should focus on digitizing diplomatic records to enhance policy research and strategic decision-making.
Conclusion
The MEA budget plays a vital role in advancing India’s foreign policy objectives, economic diplomacy, and global leadership. While recent increases in funding are a positive step, further investment in diplomatic capacity-building, strategic aid, and policy research is necessary to sustain long-term foreign policy goals.
Mains Practice Question |
Q. India’s foreign policy ambitions demand a strategically allocated and expanded external affairs budget.” Discuss in the context of recent budgetary trends and geopolitical challenges. (250 words). |
3. Impact of U.S. Immigration Policies on Innovation and Economic Growth
Introduction
- Immigration policies significantly influence a country’s economic and technological progress.
- The U.S. has restrictive visa policies, particularly for skilled workers (H-1B visa), which impact innovation, job creation, and economic growth.
- The assumption that restricting skilled immigration benefits native workers is challenged by research.
Impact on Jobs and Innovation
- Restricting skilled immigration leads to unintended consequences:
- S. firms do not necessarily hire more Americans; instead, they outsource jobs or relocate operations overseas.
- Studies indicate that for every 10 H-1B applications denied, U.S. firms hire an average of eight foreign workers abroad.
- High-skilled immigrants drive entrepreneurship, with many major U.S. tech startups founded by immigrants.
- Research from the National Foundation for American Policy shows that over 50% of billion-dollar startups in the U.S. were started by immigrants.
Economic Consequences of Restrictive Policies
- Skilled immigrants contribute significantly to productivity and economic growth:
- STEM immigrants account for 30-50% of aggregate productivity growth in the U.S.
- H-1B restrictions limit wage growth and reduce job expansion.
- Studies suggest that restricting high-skilled immigration hampers innovation and economic competitiveness.
- Countries like India and China benefit from U.S. visa restrictions as skilled workers return or choose other destinations.
- This phenomenon is termed “brain circulation“ rather than “brain drain,” as it strengthens innovation ecosystems in home countries.
Way Forward for the U.S.
- Visa Policy Reform:
- Make H-1B visas more flexible, adjusting caps based on market demand.
- Provide a pathway to permanent residency for STEM graduates in U.S. universities.
- Strengthen Innovation Infrastructure:
- Develop targeted programs to retain global talent.
- Encourage investment in R&D, startups, and high-tech industries.
- Modernize Labour Market Policies:
- Implement transparent visa processing with real-time analytics for efficient hiring.
Conclusion
- Restrictive immigration policies harm U.S. economic and technological leadership.
- A balanced approach—ensuring both national interests and global talent retention—is key to maintaining the country’s innovation edge.
- Countries like India can benefit by strengthening their own innovation ecosystems, reducing reliance on foreign opportunities.
Mains Practice Question |
Q. Restrictive immigration policies can hinder innovation and economic growth.” Discuss with reference to the impact of U.S. visa restrictions on skilled workers. |