What’s in today’s article?

• Why in the News?
• Evolution of Section 375 of the IPC
• History of Martial Rape Law in India
• Issues with Exception to Marital Rape
• Arguments against Criminalising Marital Rape
• How is Marital Rape Treated Around the World?
• News Summary

Why in the News?

• The central government has opposed the criminalisation of marital rape in the Supreme Court, stating that matter relating to marital rape needs a "comprehensive approach" rather than a "strict legal approach".

Evolution of Section 375 of the IPC

• Section 375 of the IPC defines the acts that constitute rape by a man.
• The provision, however, lays down two exceptions as well:
  • It decriminalises marital rape,
  • It mentions that medical procedures or interventions shall not constitute rape.
• The IPC was implemented in India during British colonial rule in 1860.
• Under the first version of the rules, the marital rape exception was applicable to women over ten years of age. In 1940, this age was raised to 15.
• However, in October 2017, the Supreme Court ruled that sexual intercourse by a man with his wife, the wife not being under eighteen years of age, cannot be considered as rape.

History of Martial Rape Law in India

• The Domestic Violence Act, 2005 hints at marital rape by any form of sexual abuse in a live-in or marriage relationship.
• However, it only provides for civil remedies. There is no way for marital rape victims in India to initiate criminal proceedings against their perpetrator.
• The need to remove this marital rape exception was rejected by the Law Commission of India’s 172nd report in 2000, while considering several proposals to reform India's laws on sexual violence.

Issues with Exception to Marital Rape

• The marital rape exception, thus, creates a legal fiction where, even if all the requirements for rape are otherwise fulfilled, the law deems not to be rape if the parties are married.
• Apart from being harmful and discriminatory towards women, the marital rape exception is also entirely arbitrary.
• If sexual assault takes place five minutes before a marriage is formalised, it is rape; but five minutes after, it is not.
• Sexual assault will be rape if it is committed within the context of a live-in relationship – or any other intimate relationship — and yet, this legal immunity under Section 375 of the IPC kicks in where that relationship has been formalised.
• The marital rape exception thus denies to one class of women — married women — the guarantees that law offers to all others.

Arguments against Criminalising Marital Rape

• Misuse of law:
  • Misuse of the law is a big reason why several individuals, jurists and even men’s rights activists have raised alarm over the criminalisation of marital rape.
  • The statistics cited to argue against the criminalisation of marital rape are those of the misuse of 498A, the law that relates to dowry cases.
  • A total of 1,11,549 cases were registered under 498A in 2020. Of these, 5,520 were closed by Police citing as false and overall 16,151 cases were closed by police either because they were false or there was a mistake of fact or law or it was a civil dispute etc.
  • 18,967 cases were tried in courts of which 14,340 led to acquittal and 3,425 led to a conviction.
  • 498A cases pending trial at the end of 2020 are 651,404 with a pendency percentage of 96.2%.
• Burden of proof:
  • The burden of proof is a hugely complex issue that has prevented marital rape to be criminalised.
  • In the case of marital rape, one has to consider that intercourse is a part of any marriage.
  • Now, if marital rape itself is criminalised, the question remains who would the burden of proof be on and what would that burden be.
• Gender neutrality:
  • Arguments to make the definition of ‘rape’ gender-neutral has been put forward on many occasions, and the same argument is put forward in the case of marital rapes too.
  • Even if the exception of IPC section 375 is removed or criminal provisions are added to the Domestic Violence act, husbands will not be able to use those.

How is Marital Rape Treated Around the World?

• According to Amnesty International data, 77 out of 185 (42%) countries criminalise marital rape through legislation.
• Australia (1981), Canada (1983), South Africa (1993), the USA (1993) have enacted laws that criminalise marital rape.
• In many countries, it is either not mentioned or is explicitly excluded from rape laws.
• The United Nations has urged countries to end marital rape by closing legal loopholes, saying that “the home is one of the most dangerous places for women”.

News Summary

• The Central Government has opposed the criminalisation of marital rape in the Supreme Court, arguing that the issue requires a comprehensive socio-legal approach rather than a strict legal one.
• The government expressed concerns that criminalising marital rape could have significant consequences for the institution of marriage and lead to serious disruptions in marital relationships.
• Key Points from the Government’s Arguments:
  • Far-Reaching Implications:
    • The government stated that making sexual acts between a husband and wife punishable as "rape" could severely impact conjugal relationships and disrupt the institution of marriage.
  • Parliamentary Decision:
    • The Centre informed the court that Parliament, after thorough deliberation, had retained Exception 2 to Section 375 of the Indian Penal Code (IPC), which exempts marital rape from being classified as a criminal offense.
    • This decision was made during amendments to Section 375 in 2013.
  • Separate Legal Provisions for Consent within Marriage:
    • While the government acknowledged that a husband's violation of his wife's consent is unacceptable, it argued that the consequences within marriage should differ from those outside of it.
    • The affidavit mentioned that criminal law provisions are already in place to address violations of consent within marriage.
  • Concerns over Judicial Interference:
    • The Centre urged the Supreme Court not to interfere with Parliament's decision to retain the marital rape exception.
    • It argued that such interference would be inappropriate, given the socio-legal context of marriage in India.
  • Disproportionate Punishment:
    • The affidavit suggested that labelling marital sexual acts as "rape" could be considered excessively harsh and disproportionate in the context of marriage.
    • The government emphasized the importance of preserving the institution of marriage while also protecting the rights of women.
  • Supreme Court's Previous Ruling:
    • In 2022, the Supreme Court had recognized marital rape for the purposes of the Medical Termination of Pregnancy (MTP) Act, which allowed women to seek abortions for pregnancies resulting from marital rape.
    • However, the Centre's current stance highlights a distinction between this ruling and the broader criminalisation of marital rape.

Q1. What is the fundamental difference between Consent and Will?

Will is a desire, longing, ability to do something that you intend. Consent is permission or acceptance to do something. Consent follows once will is formed.

Q2. Who is known as the father of Indian Penal Code (IPC)?

The Indian Penal Code was drafted by the first Law Commission which was chaired by Thomas Babington Macaulay. It was drafted in 1834 and submitted to the Council of Governor-General of India in 1835. The code came into force in 1860.

Source: In Supreme Court, Centre defends marital rape exception

What’s in today’s article?

• Why in News?
• Bihar’s vulnerability
• Why is Bihar prone to annual flooding?
• Economic impact of Bihar’s floods
• Possible solutions

Why in News?

Bihar is once again facing severe floods, affecting 11.84 lakh people who have been displaced, relying on air-dropped food packets and shelters, and at risk of water-borne diseases. 

North Bihar experiences annual flooding, with lakhs of people seeing their crops and livestock destroyed each time. Despite efforts to rebuild, the cycle of devastation repeats every year.

Bihar’s vulnerability

• Vulnerability
  • Bihar is India’s most flood-prone state, with 76 per cent of the population in north Bihar living under the recurring threat of flood devastation.
  • Bihar is crisscrossed by both snow-fed and rain-fed rivers, putting it at the risk of various kinds of floods.
• Four distinct types of floods
  • Flash floods – It occurs due to rainfall in Nepal, lead time [time between forecast and flood] is short (8 hours), receding of flood waters is fast.
  • River floods – It is typically caused by overflowing rivers. In this, the lead time is 24 hours and receding of flood waters takes one week or more. 
  • Drainage congestion floods: Occur in river confluences, taking more than 24 hours to develop and often lasting the entire monsoon season (about three months for water to recede).
  • Permanent waterlogging: Affected areas remain waterlogged throughout the year.

Why is Bihar prone to annual flooding?

• Reason for first three kinds of floods
  • A major reason for the first three kinds of flooding is that Bihar is located below Nepal, with its Himalayan rivers flowing down to the state. 
  • Because the Himalayas are a young mountain range with a lot of loose soil, these rivers — Kosi, Gandak, Burhi Gandak, Bagmati, Kamla Balan, Mahananda, Adhwara — are full of sediments. 
  • Thus, when the volume of water increases due to rains, the rivers quickly overflow their banks.
• Reasons behind the fourth category of permanent waterlogging
  • The reasons of water-logging are spilling of silted small rivers, encroachment of drainage channels, embankment-induced waterlogging, and presence of saucer type depression locally called Chaurs.
    • Chaurs are created due to a river changing course and deposition of its sediments.
• Kosi challenge
  • Bihar’s geography makes annual floods inevitable, with the Kosi River, known as the "sorrow of Bihar," being one of the most destructive. 
  • In the 1950s, embankments were constructed along the Kosi to control its flow, initially seen as a permanent solution. 
  • However, these embankments have frequently been breached and have introduced a new issue. 
  • By narrowing the river's course, the embankments have trapped sediments, causing the riverbed to rise by about 5 inches annually. 
  • This rising riverbed has made the Kosi more prone to overflowing, worsening the flood situation in the region.
• Flood in 2024
  • This year, the flood has been caused by heavy rainfall and flooding in Nepal and release of water from its barrage on the Kosi river. 
  • This year’s flooding in Bihar is worse due to the release of 6.6 lakh cusec of water from the Birpur barrage on the Kosi River in Nepal, the highest discharge in nearly six decades. 
  • In India, embankments breached in seven locations across four districts, despite being designed to handle 9.5 lakh cusec. 
  • The breaches are occurring because the river has become shallower. 
  • Around 380 villages, home to 15 lakh people, are trapped within the embankments, with no escape from the recurring floods.

Economic impact of Bihar’s floods

• While the floods in Bihar don’t always result in significant loss of life, the economic toll is substantial. 
• Damage to crops, livestock, and infrastructure is considerable, and the resulting distress migration exacerbates the state’s economic challenges. 
• The government spends around Rs 1,000 crore annually on flood relief and management.

Possible solutions

• For decades, building a dam on the Kosi River has been proposed as a flood solution, but it requires cooperation from Nepal, delaying progress. 
• Recently, Bihar govt requested the construction of an additional barrage on the Kosi and barrages on other rivers like the Gandak and Bagmati. 
• However, the frequent breaches of embankments suggest that engineering solutions alone may not suffice.
• Experts have emphasized the need for both structural and non-structural solutions. 
• Non-structural approaches include laws, risk reduction, early warnings, and flood preparedness. 
• The Flood Atlas of Bihar also advocates focusing on minimizing risk and damage rather than relying solely on structural measures along dynamic rivers like the Kosi.

Q.1. Why does Bihar experience floods every year?

Bihar’s geography, with snow-fed rivers flowing from the Himalayas, makes it prone to flooding. Embankments have trapped river sediments, causing riverbeds to rise, worsening flood risks annually. Additionally, heavy rainfall and water release from Nepal exacerbate the situation.

Q.2. What are the economic impacts of Bihar's floods?

While floods in Bihar rarely result in significant loss of life, the economic toll is immense. Damage to crops, livestock, and infrastructure leads to distress migration and costs the government around Rs 1000 crore annually for flood relief and management.

Source: Bihar under water: Why the state sees floods every year | Business Standard

What’s in today’s article?

• Why in News?
• SC’s Verdict on Caste Bias, Segregation in Prisons
• Issues Related to Prisons in India
• Prison Reforms - Recommendations of Committees, Provisions of Laws and Key Judgements

Why in News?

• The Supreme Court issued a series of directives to the Centre and states to ensure that no inmate is subjected to work assignments or housing arrangements based on their caste.
• The SC declared this provision in various jail manuals “unconstitutional” for violating the inmates’ right to dignity, equality and non-discrimination.
• The ruling ended the long-standing practice of discrimination against prisoners based on caste and demanded prompt reforms in all states and UTs.

SC’s Verdict on Caste Bias, Segregation in Prisons:

• Background: The court’s verdict came on a petition moved by a journalist, urging the court to issue clear directions to ensure that all prison manuals and practices (that reinforce caste hierarchies) are overhauled.
• The court’s verdict:
  • The verdict specifically addressed the entrenched discriminatory practices against marginalised communities, including scheduled castes (SC), scheduled tribes (ST) and denotified tribes (DNTs) in India’s prisons.
  • The apex court held that the treatment of inmates from DNTs as “habitual offenders” within prison walls across India are oppressive to fundamental human dignity and personality.
  • The bench held that caste-based assignments of labour, such as assigning menial tasks (cleaning and sweeping) to marginalised castes while reserving cooking for higher castes, is a violation of Articles 14 and 15 of the Constitution.
  • The provision that food shall be cooked by ‘suitable caste’ reflects notions of untouchability prohibited under the Constitution in Article 17.
  • The SC expanded the scope of Article 21, stating that caste-based discrimination hinders personal growth and development.
  • The court further held that the selective assignment of menial jobs to specific castes amounted to forced labour under Article 23.
  • The judgement highlighted several gaps in the Model Prison Manual of 2016 in addressing caste-based discrimination.
    • The court noted that it failed to fully eliminate caste-based segregation and labour division in prisons.
    • It also criticised the manual for not incorporating the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 that bans manual scavenging.
• Court’s directives to Centre, states and UTs:

• To combat caste-based prejudices, the bench called for strict adherence to guidelines laid down in Arnesh Kumar Vs State of Bihar (2014) and Amanatullah Khan Vs Commissioner of Police, Delhi (2024)cases.
• The guidelines require police officers to ensure procedural safeguards, particularly for vulnerable communities, reinforcing the broader fight against systemic biases.

Issues Related to Prisons in India:

• Fundamental rights of prisoners:
  • Article 21 guarantees the right to life and personal liberty.
  • Article 39A ensures free legal aid for those in need.
• Key issues in Indian prisons: Prison conditions in India face several critical challenges that impact inmates' rights and welfare. These include -
  • Overcrowding:
    • Currently, prisons in India operate at 117% capacity, primarily due to a high number of under-trial prisoners.
    • The SC has emphasised the right to speedy justice under Article 21 of the Constitution, but many cases remain unresolved.
  • Unhygienic conditions: Many inmates lack access to proper medical facilities. Female prisoners often do not receive adequate sanitary products and basic health services.
  • Custodial torture: Despite the 1986 DK Basu judgement prohibiting torture, reports of custodial violence continue, with increasing cases of custodial deaths.
  • Delays in trials: Lengthy legal processes disrupt prison administration and prolong inmates' suffering. The right to a speedy trial has been recognised but is often not upheld.
  • Challenges for women prisoners: The number of female inmates is rising, but they often face inadequate facilities. There is also a lack of dedicated women’s prisons.

Prison Reforms - Recommendations of Committees, Provisions of Laws and Key Judgements:

• Justice Mulla committee 1983: It recommended -
  • Improved prison accommodations,
  • Creation of the Indian Prisons and Correctional Services,
  • Public and media visits for transparency,
  • Reduction of under-trial prisoners through expedited trials.
  • A national policy on prisons.
  • Using alternatives to imprisonment, such as community service, etc.
• Justice V.R. Krishna Iyer committee 1987:
  • Induction of more women into the police force.
  • Separate institutions with women employees alone, especially for women offenders.
  • Necessary provisions to restore the dignity of convicted women.
• Justice Amitav Roy panel (2018) of the SC: It recommended several prison reforms - special fast track courts, improvements in lawyer-prisoners ratio, use of video-conferencing for trial, etc.
• Provisions of the Model Prisoners Act of 2023:
  • Legal aid to prisoners: It is the state’s duty to provide free legal aid by suitable legislation or schemes.
  • Parole: It is a form of early release for prison inmates where the prisoner agrees to abide by behavioural conditions.
  • Furlough: It is the right of prisoners to retain family and social ties. This also helps them counter the ill effects of prolonged time spent in prison.
  • Other provisions: Special facilities for women and transgender prisoners, Provisions for use of technology in prison administration, etc.
• Key case laws:
  • Hussainara Khatoon vs. Home Secretary (1979): Emphasises the right to a speedy trial.
  • State of Rajasthan vs. Balchand (1978): Establishes that bail is the rule, not jail.

Q.1. What is the Model Prisons and Correctional Services Act 2023?

The Model Prisons and Correctional Services Act 2023 is a bill that aims to address various issues related to prison administration. It replaces the Prisons Act of 1894 and incorporates provisions from the Prisoners Act of 1900 and the Transfer of Prisoners Act of 1950.

Q.2. What is the Prohibition of Employment as Manual Scavengers and their Rehabilitation (MS) Act 2013?

After coming into effect of the MS Act 2013, no person or agency can engage or employ any person for manual scavenging. The offence is punishable with imprisonment up to 2 years or fine up to Rs. 1 Lakh or both.

Source: Caste bias, segregation in prisons violate dignity: Supreme Court | IE | HT

 What’s in today’s article?

• Why in News?
• Chagos Islands
• Chagos Islands dispute
• UK hands over Chagos Islands to Mauritius

Why in News?

Britain has agreed to transfer sovereignty of the Chagos Islands, a group of over 60 islands in the Indian Ocean, to Mauritius. 

This deal ensures the future of the UK-US military base on Diego Garcia, the largest island, with its status now undisputed and legally secure for the first time in over 50 years. 

India welcomed the agreement, seeing it as completing the decolonization of Mauritius.

Chagos Islands

• Geographical location

• The Chagos Archipelago is located in the central Indian Ocean, about 500 kilometers south of the Maldives and roughly 1,600 kilometers southwest of India.
• The Chagos archipelago comprises of 58 islands, with Diego Garcia being the largest and most significant.
• Colonial history of Chagos 
  • According to a report, the Chagos Islands were discovered by Portuguese navigators in the 16th century, who mapped and named some of them. 
  • The Dutch explored the islands next but did not settle there. 
  • The islands later came under French control, along with Mauritius and Réunion, and the French gave additional names to the islands. 
  • They brought enslaved workers from Madagascar and Mozambique, followed by laborers from southern India, to work on coconut plantations. 
  • After Napoleon's defeat, Britain took control of both Chagos and Mauritius.
    • In 1814, France ceded the islands to the British.
• Significance of Chagos
  • Geostrategic Location: The archipelago's location in the central Indian Ocean makes it strategically valuable for monitoring major shipping lanes, ensuring security in the region, and projecting military power across a wide area.
  • UK-US Military Base: Diego Garcia, the largest island, hosts a major UK-US military base, which is crucial for operations in the Indian Ocean and surrounding regions. 
    • It serves as a logistics, surveillance, and intelligence hub for both the UK and the US, playing a key role in military operations in the Middle East, Africa, and South Asia.
  • Environmental and Biodiversity Significance: The Chagos Archipelago is home to one of the largest coral atolls and is rich in marine biodiversity. 
    • Its pristine environment has made it important for scientific research and conservation efforts.

Chagos Islands dispute

• UK Declares Chagos Islands as Overseas Territory
  • In November 1965, the UK declared the Chagos Islands as an overseas territory. 
  • After Mauritius gained independence in 1968, the UK refused to return the islands.
    • In 1965, the UK constituted the British Indian Ocean Territory (BIOT), of which the Chagos Islands were a central part. 
    • Chagos was attached to Mauritius, another British colony in the Indian Ocean, for administrative purposes.
    • When Mauritius gained independence in 1968, Chagos remained with Britain. 
    • The UK government gave the newly-independent country a grant of 3 million pounds over the “detachment” of the Chagos archipelago.
• Strategic Military Use of Diego Garcia
  • Diego Garcia became the site of a major UK-US military base, which played a crucial role in US-led operations in Afghanistan and Iraq in the 2000s. 
  • Following the September 11, 2001 attacks, the base also served as a CIA interrogation site.
• Mauritius’ Proposal and UK’s Rejection
  • After gaining independence, Mauritius proposed allowing the UK to lease the islands to the US for defense purposes in exchange for an increased US quota for sugar imports, which would boost Mauritius' economy. 
  • The UK rejected the proposal, claiming the US could not be involved in any treaty, despite benefiting from the islands.
• Forced Depopulation of Chagossians
  • Between 1968 and 1973, the UK and US forcibly removed the native Chagossians to make way for the military base. 
  • The UK denied the inhabitants' connection to the islands, dismissing claims of human rights violations.
• Legal Action by Mauritius
  • In 2015, Mauritius initiated legal proceedings against the UK at the Permanent Court of Arbitration in The Hague, challenging the UK's sovereignty claims and addressing the forced removal of the Chagossians. 
  • The UK resisted, insisting that the issue should remain a bilateral matter.
• Permanent Court of Arbitration’s 2015 Ruling Against the UK
  • In 2015, the Permanent Court of Arbitration ruled that the UK had violated Mauritius’ rights under the United Nations Convention on the Law of the Sea (UNCLOS). 
  • The court found that the UK had ulterior motives when it created a Marine Protected Area (MPA) around the Chagos Islands in 2010, intentionally preventing the return of the Chagossians. 
  • The ruling highlighted that British and American defense interests were prioritized over Mauritius' rights, and the UK's actions were deemed a violation of good faith.
• UN General Assembly Vote in 2017
  • In June 2017, the UNGA voted on Mauritius’ resolution to seek an advisory opinion on the Chagos Islands from the International Court of Justice (ICJ). 
  • The result reflected global opposition to colonial legacies and suggested that the UN was unlikely to endorse continued colonial control.
• International Court of Justice (ICJ) Ruling in 2019
  • In February 2019, ICJ ordered the UK to return the Chagos Islands to Mauritius as rapidly as possible. 
  • Mauritius argued that it had been coerced into giving up the islands during colonial rule, in violation of UN resolution 1514, which prohibited the breakup of colonies before independence. 
  • The UK claimed that the ICJ had no jurisdiction over the matter. 

UK hands over Chagos Islands to Mauritius

• About the treaty
  • The UK and Mauritius reached an agreement where the UK ceded its claims over the Chagos Archipelago. 
  • The agreement allows the UK to retain sovereign rights over Diego Garcia, where a joint UK-US military base will remain operational for an initial period of 99 years.
  • Mauritius is now allowed to implement a resettlement program on the islands, except for Diego Garcia. 
  • Additionally, the UK has pledged to create a trust fund to benefit the displaced Chagossians.
• Role of India
  • India has maintained steadfast support to Mauritius’ claims over the Chagos Islands. 
    • It voted in favour of the island country at the UNGA in 2019. 
  • In recent years, India has attempted to deepen its ties with Mauritius amidst China’s ever-increasing assertiveness in the Indian Ocean. 
  • Earlier this year, an India-built airstrip and a jetty was inaugurated at Agaléga, a two-island dependency of Mauritius in the Western Indian Ocean.

Q.1. What is the significance of the Chagos Islands?

The Chagos Islands, particularly Diego Garcia, hold strategic importance due to the UK-US military base. Located in the Indian Ocean, the base plays a key role in military operations in the Middle East, Africa, and South Asia, making it geopolitically vital.

Q.2. What was the outcome of the UK-Mauritius agreement on the Chagos Islands?

In 2024, the UK ceded sovereignty of the Chagos Islands to Mauritius, except for Diego Garcia, which remains under UK control for military purposes. The deal allows Mauritius to resettle other islands while securing the future of the military base for 99 years.

Source: Why Chagos Islands matter, why UK keeps Diego Garcia base | Indian Express | First Post