Topic: GS2 – Polity |
Context |
● The Chhattisgarh High Court ruled that marital rape immunity under Section 375 IPC also applies to Section 377, effectively decriminalizing non-consensual unnatural sex within marriage. |
Analysis of the news:
Extension of Marital Rape Immunity to Section 377
- The Chhattisgarh High Court ruled that the marital rape exception under Section 375 of the IPC also extends to Section 377, which criminalized unnatural sex.
What is Marital Rape? |
● Marital rape is a type of intimate partner violence that involves forced sex or sexual assault between spouses. It is not a crime in India.
○ However, If a couple is married, but living separately, then the husband is guilty of rape if his wife does not consent to sexual intercourse. |
- While Section 375 explicitly exempts husbands from rape charges for non-consensual intercourse with their wives, Section 377 did not include such an exception.
- The HC ruled that both provisions must be read together, effectively shielding husbands from prosecution under Section 377 for non-consensual unnatural sex with their wives.
Case Background and HC’s Justification
- The case involved a husband convicted under Sections 375, 377, and 304 IPC after his wife died due to forced sexual relations.
- While the trial court held him guilty, the HC overturned the ruling, citing that Section 375’s marital rape exception implied that forced intercourse, even unnatural, could not be criminalized under Section 377.
- The court also referenced the Supreme Court’s 2018 judgment that decriminalized consensual homosexuality but retained Section 377 for non-consensual unnatural offences.
Impact of Section 377’s Omission from BNS
- The Bharatiya Nyaya Sanhita (BNS) has entirely removed Section 377, eliminating a key legal recourse for married women facing non-consensual unnatural sex.
- Legal experts argue this also weakens protections for men and LGBTQIA+ individuals who could be victims of sexual offences.
- The omission leaves a legal void, as sexual offences in the BNS primarily focus on crimes against women and children, failing to address non-consensual carnal intercourse with men or transgender individuals.
Legal Challenges and Future Implications
- Advocate Gantavya Gulati filed a PIL in the Delhi HC in 2024, seeking Section 377’s revival.
- The Delhi HC directed the Centre to consider the plea, while the SC dismissed a similar petition, stating that defining crimes falls under Parliament’s jurisdiction.
- The ruling intensifies debates over marital rape immunity, gender-neutral sexual offence laws, and the need for comprehensive legal protection for all individuals.
Conclusion:
- The Chhattisgarh HC ruling limits legal recourse for married women against non-consensual unnatural sex and raises concerns about the absence of Section 377 in the BNS, leaving men and LGBTQIA+ individuals without adequate protection against sexual offences.
What can be Done to Curb Marital Rape? |
● Jaya Jaitley Committee Recommendations: Raise the minimum marriage age for women from 18 to 21 to promote gender equality, improve maternal health, and reduce the risk of non-consensual sex (marital rape).
● Legislative Reforms: Amend the BNS to remove the marital rape immunity and recognize spousal consent as a legal necessity. ● Alternative Legal Frameworks: Expand the Domestic Violence Act, 2005 to explicitly include marital sexual violence, offering stronger civil remedies like restraining orders and compensation. ● Global Best Practices: India can study UK, Canada, and Australia’s laws to develop a culturally adaptive marital rape law, aligning with global human rights while considering socio-cultural realities. |
Practice Question: Critically analyze the implications of the Chhattisgarh High Court’s ruling extending marital rape immunity to Section 377 of the IPC. Discuss the legal and social consequences of the omission of Section 377 from the Bharatiya Nyaya Sanhita (BNS). (150 Words /10 marks) |
2.How does a President’s rule function?
Topic: GS2 – Indian Polity |
Context |
● President’s Rule has been established in Manipur due to ongoing violence and political instability.
● The State government’s inability to function led to this decision. |
Constitutional Basis for President’s Rule |
● Emergency provisions in the Indian Constitution protect the country’s sovereignty, unity, and security.
● The Constitution provides for three types of emergencies: ○ National Emergency (Article 352) – Declared during war, external aggression, or armed rebellion. ○ State Emergency (Article 356) – Commonly known as President’s Rule, imposed when a State government cannot function according to the Constitution. ○ Financial Emergency (Article 360) – Declared during a financial crisis. ● In Manipur, a “State Emergency” under Article 356 has been declared. ● Article 355 obligates the Union to protect States from external aggression and internal disturbances. |
Process of Imposing President’s Rule
- Article 356 allows the President to take over the State’s executive functions if the government fails constitutionally.
- The President acts based on a report from the Governor or other sources.
- Once imposed, the State government loses executive power, and the legislature is suspended.
- Parliament assumes the power to legislate for the State.
Approval and Duration of President’s Rule
- The proclamation must be approved by both Houses of Parliament within two months.
- If approved, it lasts six months but can be extended in six-month intervals.
- Extensions beyond one year require:
- A National Emergency in the country or part of the State.
- The Election Commission’s certification that elections cannot be held.
- President’s Rule cannot last more than three years.
Difference Between National Emergency and President’s Rule
Aspect | National Emergency (Article 352) | President’s Rule (Article 356) |
Imposition Reason | Security threats like war or armed rebellion | State government failure to function constitutionally |
Duration | Can last indefinitely with parliamentary approval | Requires simple majority for extension, cannot exceed 3 years |
Parliamentary Approval | Needs a special majority | Requires a simple majority |
State Government Function | State governments continue to function | State executive is dismissed |
Assembly Status | Assembly remains functional | Assembly may be placed under suspended animation |
Revival of Assembly | No provision for revival | Assembly can be revived if political stability is restored |
Impact on Fundamental Rights
- President’s Rule does not suspend fundamental rights.
- During a National Emergency, Article 19 (freedom of speech and expression) is suspended.
- Under President’s Rule, the President controls the State through the Governor and advisers.
- The President can authorize State expenditure under Article 357.
Frequency of President’s Rule in India
- President’s Rule has been imposed 134 times in different States and Union Territories since 1950.
- The first instance was in Punjab in June 1951.
- Manipur has experienced it 11 times, making it one of the most affected States.
- The longest President’s Rule in Manipur lasted over two years and 157 days (1969–1972).
- Jammu & Kashmir has had the longest cumulative President’s Rule, lasting over 12 years (4,668 days) due to security concerns.
Judicial Review and Limitations on President’s Rule
- Initially, courts upheld frequent use of President’s Rule.
- In 1994, the Supreme Court redefined its scope in a landmark case.
- The Court ruled that:
- Article 356 should be used only as a last resort.
- The Centre must issue a warning before dismissing a State government.
- President’s Rule is subject to judicial review and can be struck down if misused.
- Parliament’s approval is needed before dissolving a State Assembly.
- It must be invoked only for a breakdown of constitutional machinery, not for political reasons.
Conclusion
- President’s Rule is a constitutional provision meant for crises but has been frequently used.
- Judicial rulings now ensure stricter checks to prevent misuse.
- Manipur’s case highlights ongoing instability and the need for political resolution.
Practice Question: Discuss the differences between National Emergency and President’s Rule in India, with reference to their imposition, duration, and impact on state governance. (250 Words /15 marks) |
3.Will U.S.’s F-35 stealth fighter jets fit into IAF’s future plans?
Topic: GS3 – Security |
Context |
● The Su-57 (Russia) and F-35 (U.S.) were showcased at the Aero India airshow in Bengaluru.
● Later, U.S. President announced that the U.S. would increase military sales to India, including the F-35 stealth fighters. |
Impact on India’s Fighter Programmes
- This announcement has raised questions about the possible procurement of the F-35 for the Indian Air Force (IAF).
- While there is a gap in fighter induction and modernization, the formal process for procurement has not started yet.
- The decision may impact India’s own fighter development programmes, which are essential for achieving self-reliance.
Challenges with F-35
- The F-35 is a multi-role, single-seat aircraft, but the IAF prefers twin-seater jets.
- The F-35 programme has been delayed by over a decade and is $209 billion over budget.
- The aircraft might face integration challenges in India’s military, which uses a variety of systems from different countries.
India’s Indigenous Fighter Projects
- India is working on the Light Combat Aircraft (LCA)-Mk1A, which has been delayed due to engine issues.
- The LCA-Mk2, a larger version, will roll out by the end of 2025.
- India is also developing its own Fifth-Generation Fighter Aircraft (FGFA), expected by 2034-35.
- A Multi-Role Fighter Aircraft (MRFA) tender for acquiring 114 foreign jets is also in progress.
- The F-35’s integration into IAF plans remains uncertain due to these ongoing projects.
Conclusion
- Overall, the F-35 offer from the U.S. raises questions about its integration into India’s fighter fleet, potentially affecting indigenous programmes while balancing modernization and self-reliance goals.
F-35 stealth fighter jets: |
● The F-35 is a fifth-generation, single-engine, multi-role stealth fighter jet developed by the U.S.
● It comes in three variants: F-35A (conventional takeoff and landing for the Air Force), F-35B (short takeoff/vertical landing for the Marine Corps), and F-35C (carrier-based for Navy and Marine Corps). ● The jet is designed for a variety of missions, including air superiority, strike, reconnaissance, and close-air support. ● F-35 features advanced stealth technology, making it difficult to detect by radar. ● It is equipped with integrated avionics, sensors, and weapons systems for superior combat performance. ● Over 990 aircraft have been delivered globally, with the U.S. and international partners as primary users. |
Practice Question: Discuss the implications of the U.S. offer to provide F-35 stealth fighters to India on its indigenous fighter development programmes and military modernization plans. (150 Words /10 marks) |
4.India and Sri Lanka Strengthen Ties in Critical Minerals, Exploration, and Mining
Topic: GS2 – International Relations |
Context |
● A meeting was held between the Union Minister of State for Coal and Mines and the Minister of Industry and Entrepreneurship Development of Sri Lanka. |
Bilateral Cooperation on Mineral Resources
- The focus was on fostering bilateral cooperation in mineral exploration and mining to secure critical minerals essential for economic and industrial growth.
Key Mineral Resources Discussed
- Sri Lanka’s vast graphite and beach sand mineral resources were highlighted for their importance in clean energy, advanced battery technologies, and high-tech industries.
India’s National Critical Mineral Mission
- India’s National Critical Mineral Mission aims to secure a steady supply of raw materials like lithium, graphite, nickel, cobalt, and copper for renewable energy.
- The mission encourages Indian companies to acquire mineral assets globally and explore international partnerships.
Geological Survey and Investment Opportunities
- Both countries discussed government-to-government mineral exploration opportunities.
- The Geological Survey of India showed interest in conducting mineral assessments in Sri Lanka.
Future Collaboration
- Discussions were held to finalize a Memorandum of Understanding (MoU) on “Cooperation in the Field of Geology and Mineral Resources”.
- The MoU will focus on capacity building, technological exchange, and modernizing Sri Lanka’s mining industry.
Conclusion
- Both nations agreed to accelerate efforts to formalize agreements and explore new cooperation avenues in the mineral sector.
Practice Question: Discuss the significance of bilateral cooperation between India and Sri Lanka in the field of mineral exploration and mining. How can this collaboration support both nations’ economic growth and renewable energy goals? (150 Words /10 marks) |
Prelims Facts
1.AI-enabled cameras in Similipal Tiger Reserve send poaching plummeting
Context |
● Poaching in the Similipal Tiger Reserve has been a serious problem, with poachers frequently armed with guns. |
Introduction of an AI-based surveillance system
- The introduction of an AI-based surveillance system, TrailGuard AI, has helped reduce such incidents significantly.
- This system consists of 100-150 cameras equipped with AI technology to detect human presence in the forest.
How TrailGuard AI Works
- The AI-enabled cameras operate in low-power mode but switch to high-power when they sense movement.
- The cameras classify objects such as animals, humans, and vehicles.
- If poaching activity is suspected, the system transmits an image to officials within 30-40 seconds.
- A control room monitors the alerts and informs the forest department for immediate action.
Impact of TrailGuard AI on Poaching Reduction
- In the last 10 months, 96 poachers have been arrested, and 86 country-made guns seized.
Concerns of Local Communities
- Tribal communities living around Similipal traditionally rely on the forest for resources.
- Increased surveillance has made villagers hesitant to enter the forest for firewood and other essentials.
- Authorities are working on safer ways for locals to access the forest without facing unnecessary restrictions.
Future Applications of AI in Wildlife Conservation
- The TrailGuard system has been deployed in five States at over 14 sites.
- It is also being used in Kanha Tiger Reserve in Madhya Pradesh and Dudhwa National Park in Uttar Pradesh to monitor human-wildlife conflict.
- Experts believe this technology can revolutionize wildlife monitoring and anti-poaching efforts across India’s protected areas.
Similipal Tiger Reserve |
● Location: Similipal Tiger Reserve is situated in the Mayurbhanj district of Odisha, India.
● Area: It covers 2,750 sq km, making it one of India’s largest tiger reserves. ● Establishment: Declared a tiger reserve in 1973 under Project Tiger, it was later designated a biosphere reserve in 1994. ● Flora and Fauna: Home to Bengal tigers, elephants, gaurs, and rare melanistic tigers, it has diverse vegetation, including tropical moist deciduous forests. ● Rivers and Waterfalls: It has perennial rivers like Budhabalanga and stunning waterfalls such as Barehipani and Joranda. |
2.Carbon capture: a pricey fix?
Context |
● Carbon capture reduces CO₂ emissions by capturing, storing, or utilizing carbon from industrial and atmospheric sources. |
What is carbon capture?
- Definition: Carbon capture is a technology that captures carbon dioxide (CO₂) emissions from industrial sources or directly from the atmosphere to reduce greenhouse gas levels.
- Purpose: It aims to mitigate climate change by preventing CO₂ from reaching the atmosphere.
- Process:
- Capturing CO₂ from power plants, factories, or the air.
- Transporting it via pipelines or ships.
- Storing it underground in geological formations or converting it into useful products.
- Types:
- Pre-combustion capture: Removes CO₂ before fuel is burned.
- Post-combustion capture: Extracts CO₂ from exhaust gases.
- Direct air capture (DAC): Captures CO₂ from the atmosphere.
- Challenges: High costs, energy requirements, and concerns over long-term storage safety.
- Alternatives: Renewable energy sources like solar and wind are often seen as more cost-effective.
3. Prime Minister Dhan-Dhaanya Krishi Yojana (PMDKY)
Context |
● The government announced the launch of the Prime Minister Dhan-Dhaanya Krishi Yojana (PMDKY) in 100 selected districts. |
Analysis of the news:
Inspired by the Aspirational Districts Programme (ADP)
- PMDKY follows the model of the Aspirational Districts Programme (ADP), which was launched in 2018 to improve 112 underdeveloped districts through convergence of schemes, collaboration between different levels of government, and competition based on performance rankings.
- The new scheme will be implemented in partnership with states to enhance agricultural growth in identified districts.
District Selection Criteria
- PMDKY will focus on 100 districts identified based on three key parameters: low agricultural productivity, moderate cropping intensity, and below-average farm credit availability.
- The Ministry of Agriculture and Farmers’ Welfare is collecting data on these indicators, with input from the Department of Financial Services and NABARD.
- Cropping intensity, a measure of land-use efficiency, has improved from 111% in 1950-51 to 155% in 2021-22, but varies significantly across states.
Objectives and Implementation
The scheme aims to:
- Increase agricultural productivity
- Promote crop diversification and sustainable farming
- Strengthen post-harvest storage at panchayat and block levels
- Improve irrigation facilities
- Enhance access to farm credit
PMDKY is expected to benefit 1.7 crore farmers. While the Budget does not specify a separate allocation, funds will be sourced from existing agricultural and allied schemes. A formal allocation may be made after Union Cabinet approval.
4.India’s Sovereign Green bonds
Context |
● India has issued sovereign green bonds (SGrBs) to fund its transition to a low-carbon economy, but weak investor demand has limited their effectiveness. |
Analysis of the news:
Understanding Green Bonds and Their Purpose
- Green bonds are debt instruments used to raise funds for climate-friendly projects, with investors expecting long-term stable returns.
- India launched its sovereign green bond framework in 2022, defining eligible green projects in areas like renewable energy, afforestation, and energy-efficient transport.
- Since 2022-23, India has issued SGrBs eight times, raising nearly ₹53,000 crore, primarily funding electric locomotives and metro projects.
Challenges Affecting Investor Interest
Several factors have contributed to weak demand for India’s green bonds:
- Liquidity Issues: Small issue sizes and investors holding bonds until maturity limit secondary market trading.
- Lack of Responsible Investing Ecosystem: India lacks a strong network of social impact funds and mandates for responsible investing.
- Delayed Reporting: Investors rely on post-issuance reports to assess green bond credibility, but India has been slow in publishing these reports, affecting confidence.
Impact on Green Project Funding
- Due to lower-than-expected proceeds from SGrBs, the government has had to revise its 2024-25 funding estimates from ₹32,061 crore to ₹25,298 crore.
- This shortfall has led to drastic budget cuts, such as reducing allocations for grid-scale solar projects from ₹10,000 crore to ₹1,300 crore.
- The remaining gap is being covered by general government revenue.
Potential Solutions and the Way Forward
- Sustainability Bonds: Combining green and social projects in bond issuances could increase investor interest, as seen in other emerging markets.
- Improved Reporting Practices: Faster and transparent post-issuance reporting can build credibility and attract investors.
- Multilateral Bank Partnerships: Collaboration with multilateral development banks could enhance India’s green bond strategy by leveraging their credit ratings.
If you like this Daily current affiars Don’t forget to check this –Trump’s Tariffs SHAKE Global Trade – The Disruption No One Saw Coming