1. Centre's Affidavit on Marital Rape Exception (MRE)
Introduction:
The Marital Rape Exception (MRE) in Section 63, Exception 2 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 375 of the Indian Penal Code, 1860) exempts sexual intercourse or acts by a man with his own wife (if she is above 18 years) from being categorized as rape.
This provision has been challenged in the Supreme Court, leading to the Centre’s affidavit supporting MRE, which raises critical constitutional and social questions.
- The Issue of ‘Expectation’:
- The Centre’s argument relies on the idea that marriage creates a “continuing expectation” of reasonable sexual access, which distinguishes marital relationships from other intimate relationships.
- The affidavit suggests that Article 14 (right to equality) is not violated by treating married and unmarried women differently because marriage supposedly establishes a unique, continuous expectation.
- Key questions arise regarding:
- Who defines what “reasonable sexual access” means?
- Is this expectation objective or subjective, and does it differ across various sexual acts or frequency?
- The argument raises concerns about gender norms and autonomy, as it implicitly ties sexual access to the traditional roles within marriage.
- Criticism of the Expectation Argument:
- The argument that marriage alone establishes reasonable sexual access is dubious.
- There is no evidence to suggest that live-in relationships, for instance, lack this expectation in the same way marriage is portrayed.
- The idea that a social expectation should be a legal determinant, especially in cases involving bodily autonomy, challenges constitutional principles of dignity and individual autonomy.
- ‘Institution’ and ‘Misuse’:
- Another key argument in the affidavit is the potential impact on the sanctity of marriage if marital rape were to be recognized as a criminal offence.
- Concerns of misuse and false allegations are cited, echoing arguments in similar debates (e.g., misuse of dowry laws).
- However, the article argues that misuse is not a valid ground for excluding marital rape from criminal laws. The very purpose of criminal trials is to establish the truth of allegations, which applies equally to all crimes.
- Jurisdictional Argument:
- The Centre further argues that marital rape is a social, not legal, issue and thus should not fall within the Court’s jurisdiction.
- Despite this, the affidavit touches upon constitutional rights, particularly Articles 14 (equality) and 21 (right to life and personal liberty), making it clear that there is a legal issue at stake.
- The judiciary is well within its jurisdiction to determine whether the MRE violates fundamental rights and to strike down unconstitutional provisions.
Conclusion:
The Centre’s affidavit offers familiar arguments to justify the Marital Rape Exception (MRE), including the institutional sanctity of marriage, the potential misuse of the law, and the distinction between social and legal issues.
However, the underlying assumption that marriage inherently entails reasonable sexual access raises significant constitutional concerns about equality and individual dignity.
Moreover, the judiciary’s role in ensuring that laws comply with constitutional rights is clear. The issue of marital rape is, therefore, not merely social but also legal, with far-reaching implications for gender justice.
Mains Practice Question:
|
Q. The Marital Rape Exception (MRE) has been a contentious issue in Indian law. Critically analyze the constitutional and social implications of recognizing marital rape as a criminal offence. How does the Centre’s position on MRE align with fundamental rights under the Constitution?
|
2. The Republic of Languages – Classical Languages and Societal Fragmentation
Introduction:
The article by G N Devy delves into the concept of classical languages in India and the broader implications of expanding the list of such languages. It argues that while the recognition of classical languages has scholarly significance, broadening this list may lead to societal fragmentation by reinforcing divisions along linguistic and cultural lines.
- Historical Context of Classical Languages:
- Colonial policies in India, such as the divide and rule, promoted horizontal fragmentation of society along the lines of caste, religion, and language.
- Post-colonial India inherited this method of division, with modern efforts to designate certain languages as classical being a continuation of these divisions.
- Classical languages like Sanskrit, Pali, Tamil, and others are recognized for their literary and cultural contributions.
- The Concept of Classical Language:
- “Classical” is not merely a linguistic feature but has a broader cultural, historical, and scholarly meaning.
- Historically, classical languages included those with ancient roots and significant influence on culture and literature, such as Greek, Latin, and Sanskrit.
- The recent inclusion of languages like Bangla, Assamese, Marathi as classical languages signals a broader push to include more languages in this category.
- Arguments Against Broadening the Classical Language List:
- Fragmentation of Society: Expanding the classical language list may create vertical divisions within society, dividing communities based on linguistic heritage and identity.
- Majoritarian Politics: Recognizing certain languages as classical might be used by the majoritarian state to strengthen regional linguistic identities, which could lead to social stratification and further polarization.
- Linguistic Hierarchy: Declaring a language “classical” implies that it holds a higher status compared to others, reinforcing a hierarchy that may marginalize non-classical languages.
- The case of Prakrit is cited, which though older than many classical languages, has not been given the same recognition.
- Cultural and Linguistic Inclusivity:
- The article stresses the importance of treating all languages with respect and equality, recognizing that every language has significance to its speakers.
- The linguistic diversity of India is one of its greatest strengths, and the state should not prioritize certain languages over others based on arbitrary classical definitions.
- Pluralism in language policy is essential to maintain the social fabric of the nation.
- Policy Implications:
- The broadening of the classical language list risks alienating speakers of non-classical languages and contributing to regional tensions.
- Language plays a key role in cultural identity, and the state must carefully balance linguistic pride with national unity.
- Encouraging linguistic diversity and promoting regional languages without creating hierarchical divisions is critical to ensuring inclusive governance.
Conclusion:
The recognition of classical languages has scholarly importance but should be approached with caution, ensuring that it does not lead to the vertical fragmentation of Indian society.
All languages, regardless of their classical status, deserve respect and recognition. Inclusive language policies that promote cultural diversity without creating linguistic hierarchies will foster greater national unity and social harmony.
Mains Practice Question:
|
Q. Discuss the significance of recognizing classical languages in India. Critically analyze the possible socio-political implications of expanding the list of classical languages in a diverse country like India.
|
3. Harnessing the Power of AI for India's Economic Growth
Introduction:
The article by Amitabh Kant discusses how India can leverage Artificial Intelligence (AI) to drive inclusive economic growth and innovation. As AI transforms industries globally, India is positioned to become not only a participant but a trailblazer in the AI ecosystem. The piece highlights India’s AI potential and the necessary steps to harness it for economic and technological advancement.
- Global AI Market and India’s Position:
- AI Market Growth: Globally, the AI market is expected to reach $1.7 trillion by 2027, with a projected growth rate of 25-35% per year.
- India’s Competitive Edge: India is poised for rapid growth, outpacing global averages with strong GDP projections (7% over five years). India’s hosting of G20 and the Global Partnership on AI has created an advantageous geopolitical climate for AI expansion.
- AI and Economic Growth:
- Sectoral Transformations: AI will have far-reaching impacts across sectors, similar to how industries like electricity and automobiles transformed economies in the 20th century. AI can revolutionize sectors such as healthcare, education, and manufacturing.
- Employment Generation: AI’s integration is set to generate significant employment opportunities, particularly in R&D, infrastructure development, and skilling. India’s AI workforce is expected to grow with initiatives like GenAI and Genpact’s AI workforce solutions.
- India’s AI Readiness:
- Challenges and Opportunities: To capitalize on AI, India needs a targeted approach to address challenges like data security, AI ethics, and bias in algorithms. India also needs to build infrastructure, enhance skilling, and strengthen governance
- AI Infrastructure Investment: India must invest in core computational infrastructure like Graphics Processing Units (GPUs) and semiconductors to meet growing AI demands. The National Semiconductor Mission and other initiatives are pivotal to building domestic capabilities.
- AI and Inclusive Growth:
- Innovation for the People: AI in India can be a tool for inclusive growth, addressing challenges in healthcare, education, and agriculture by providing innovative solutions at scale.
- Responsible AI: Ensuring ethical AI development is critical to prevent misuse, especially in areas like data privacy and bias. India needs robust regulatory frameworks to oversee the deployment of AI in a responsible manner.
- Geopolitical Implications:
- Leadership in AI: India’s leadership in AI can elevate its global standing. Developing AI standards aligned with international norms can help India become a global leader in AI governance.
- Technological Autonomy: Investment in AI will help India reduce its dependence on imported technologies, securing its position in the global technology race.
Conclusion:
India has the potential to become a global AI leader, driving both economic growth and innovation. However, this requires strategic investments in AI infrastructure, skilling of the workforce, and building ethical governance frameworks.
As AI transforms industries, India’s AI ecosystem must focus on creating inclusive solutions that benefit the entire population while also ensuring global competitiveness.
Mains Practice Question
|
Q. How can Artificial Intelligence (AI) be a tool for inclusive growth in India? Discuss the challenges and opportunities in leveraging AI for economic and social development.
|
