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Mains General Studies I Polity/ Governance Criminalizing Marital Rape in India Context Recently, Central Government argued against labeling marital rape as ‘rape,’ and termed it ‘disproportionate’ and ‘harsh’.
Mains Question 1. ‘Marital Rape in Indian Social Context is a ‘Taboo’ as patriarchal Indian Society guarantees sexual intercourse between a man and his wife after marriage’. Critically analyze. Approach 1. Introduce the concept of ‘Marital rape’ and provisions under IPC and BNS against its criminalization as ‘Rape’. 2. Discuss the current state of Marital Rape in India and the government’s opposition to terming it as ‘Rape’. 3. Also discuss marriage as a social institution and patriarchal set-up of Indian society, citing violations of fundamental rights. 3. Conclude with provisions of penal action against the ‘Marital Rape’ under BNS and Domestic Violence Act, 2005. About ● Recently, the Supreme Court of India had asked the central government to clarify its stand on ‘Marital Rape’. ● A large number of litigations are pending before the apex court regarding marital rape, and there are contradicting stands of the government and the court on the matter. ● Hence, the Ministry of Home Affairs filed an affidavit in the Supreme Court about it. Marital Rape in India: Provisions Under The Indian Law ● The term marital rape is used to describe sexual acts committed without a wife's consent and/or against her will by the woman's husband. ● This unwanted intercourse may be obtained by force, threat of force or physical violence.
● Further, ‘the absence of consent’ alone is sufficient for such intercourse to be labelled as ‘Marital Rape’. Provisions in the Indian Penal Code (IPC) ● Exception 2 to Section 375 of IPC states, "non-consensual sexual intercourse by a man with his wife, if she is over 15 years, does not amount to rape". ● Hence, coercive and non-consensual intercourse by a husband with his wife (if she is above 15 years of age) is outside the ambit of rape. Bharatiya Nyaya Sanhita (BNS) ● Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC) on July 1, 2024. It retains the exception which was provided under the IPC. ● It provides that sexual acts between a man and his wife if she is at least 18 years old are an exception under rape, albeit the intercourse was without the consent of the wife. Time Line of Marital Rape Case in India
2017: No Immunity from ‘Marital Rape’ in Certain Cases ● In 2017, the Supreme Court of India declared that a person will not be immune from ‘Marital Rape’ if the wife is not 18 years old. ● During that time, exception 2 to Section 375 of IPC had provided for the age of consent as 16 years. 2022: Forcible Intercourse With Wife Amounts to Rape ● The Supreme Court ruled that forcible sex by a husband can be considered rape under the Medical Termination of Pregnancy Act. ● It was the first legal recognition of marital rape in India by the apex court. 2024: Exception Under Bhartiya Nayay Samhita (BNS) ● In 2024, when the IPC was replaced by BNS, the central government made the marital rape an exception under rape. Rape has been defined under Section 63(2) of the BNS. ● Unlike IPC, which recognized the age of consent as 16 years, it increased the age of consent to 18 years.
2024: Opposition and PIL by All India Democratic Women's Association (AIDWA) ● All India Democratic Women's Association (AIDWA) filed a petition against the provisions of BNS which provided for the exception for marital rape. ● They argued that the exception is discriminatory against married women who are sexually assaulted by their spouses. State of Marital Rape in India National Family Health Survey Report ● According to a report by the National Family Health Survey in 2015-2016, almost 83% of married women aged between 15 and 49 have blamed their husbands for sexual violence, whereas 7% have called the bygone husband an offender. ● According to National Family Health Survey Report 4 (NFHS-4), 4% of the women were forced by their husbands to enter into sexual intercourse, 2.1% to perform sexual acts and 3% were threatened when the wife did not want to or wish to perform. International Center for Research on Women Report ● A report was compiled based on a survey conducted by the International Center for Research on Women and the United Nations Population Fund with 9500 respondents. ● 17 per cent of the wives announced sexual viciousness from spouses, while 31 per cent (one in each three) of men conceded that they had submitted sexual savagery against their wives. Important Judgments of Marital Rape Cases in India Harvinder Kaur vs. Harmander Singh Choudhary, 1984 ● In this case, the husband had filed an application against the wife for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955. ● In this case, the Delhi High Court stated that it could not intervene in household matters as it would destroy the institution of marriage. ● It further added that "in the privacy of the home and married life neither Article 21 nor Article 14 of the Indian Constitution has any role to play".
State vs. Vikash, 2014 ● In this case, the wife had alleged her husband (who had a ‘Court Marriage’ with her) of ‘Marital Rape’. ● In this case, the Special fast track court in Delhi stated that "the petitioner and respondent (accused) being a legally married husband and wife, the petitioner being major, the sexual intercourse between the two, whether forcible, cannot be considered as rape and no conviction can be fixed upon the accused." Recent Affidavit of The Government in Supreme Court The government of India filed an affidavit and clarified its stand on ‘Marital Rape’ in India. Overall, the government opposed the ‘Marital Rape’ to be termed as ‘Rape’. Following is the central government’s argument on marital rape. Harsh and Disproportionate ● The government argues that although a husband does not have a fundamental right to violate the consent of the wife but terming such a violation as “rape” is “excessively harsh and therefore, disproportionate,”. Illegal and Criminal Act ● The Centre has acknowledged that the marital rape as an act is an illegal act and must be criminalized. ● But it stated that the criminalization of such an act within a marriage must be different from ‘outside the marriage’. Provisions Already Present ● The government stated that non-consensual acts on a wife, including forced sex, already have penal consequences in the Domestic Violence Act, 2005 and other provisions of the penal code.
● By citing these provisions under the BNS, the Centre argued that treating marital rape as rape “may severely impact the conjugal relationship and may lead to serious disturbances in the institution of marriage. Conclusion India is one among the 63 countries globally which has not recognized marital rape as ‘Rape’. But at the same time, it has already included this act as a criminal offence under the various sections of the BNS and Domestic Violence Act, 2005. Hence, there are provisions under the law to punish an offender. The argument of the government that ‘Marriage is a Social Institution’ is correct in accordance with the Indian Society. Terming, Marital Rape as ‘Rape’ could have several ramifications. Sources: The Indian Express, Live Law, Indian Kanoon Prelims General Studies III Economics Nobel Prize in Economics Context Recently, the Nobel Memorial Prize in economics was awarded to Daron Acemoglu, Simon Johnson and James A Robinson. About
● The Nobel Memorial Prize in economics was awarded to Daron Acemoglu, Simon Johnson and James A Robinson. ● The award was given for their research into differences in prosperity between nations. ● The winners of the prize demonstrated the importance of societal institutions for a country’s prosperity and growth. ● According to their research, those societies which have a poor rule of law and institutions that exploit the population do not generate growth or change for the better. Source: The Indian Express Prelims General Studies III Science and Technology Europa Clipper Mission Context
Recently, NASA launched its Europa Clipper Mission which aims to study Jupiter’s Moon. Prelims 1. Consider the following statements with reference to the Europa Clipper Mission: 1) It will investigate the possibility of life on Jupiter’s Moon Europa. 2) Jupiter is the largest planet in the Solar System. 3) At 95 Moons, Saturn has the highest number of moons in the Solar system. Which of the following statement (s) is/are correct? A. 1 only B. 1 and 2 Only C. 1 and 3 Only D. 1, 2 and 3 Answer: B About ● NASA's Europa Clipper Mission was launched aboard a SpaceX Falcon Heavy rocket from NASA’s Kennedy Space Center. It will conduct a detailed study of Jupiter's moon Europa. ● The objective of the Mission: The main objective of the mission is to investigate whether the icy moon could harbour conditions suitable for life. ● Europa Clipper Mission aims to place a spacecraft in orbit around Jupiter to perform a detailed investigation of Europa.
Europa ● Europa was first discovered by Galileo in 1610. It is a natural satellite of Jupiter. It is slightly smaller than Earth’s moon. ● It is covered by an ice sheet estimated to be 10 to 15 miles (15 to 24 km) thick. It is believed that Jupiter’s Moon, Europa, has an ocean of liquid water beneath its icy crust, which could host conditions favourable for life. ● The ocean which exists beneath the ocean is potentially up to 80 miles (120 km) deep. ● The spacecraft will revolve in the orbit around Jupiter to perform repeated close flybys of the icy moon. ● Presence of Organic Compound: This Ocean is expected to host a rich environment for life due to the presence of water, organic compounds, and energy sources such as thermal vents on the ocean floor. Jupiter ● It is the fifth planet from the Sun and it is also the largest planet of the Solar system. It is called ‘Gas Giant’. ● It has the largest number of moons among all planets in the Solar System. Currently, the planet has 95 moons. Sources; NASA, Business Standard