Q1. “The institution of marriage will become unstable if marital rape is criminalised.” Analyze the claim critically in light of a recent Supreme Court decision. Paper & Topic: GS I/III à Geography Concepts in News/Disaster Management Model Answer: Introduction: According to studies conducted by the NCRB, a woman in India experiences sexual assault every 16 minutes and violence from her in-laws every 4 minutes. An examination of data from the National Family Health Survey (NFHS) 2015–16 shows that, on average, Indian women are 17 times more likely to encounter sexual assault from their husbands than from other persons. It is estimated that 99.1% of sexual assault cases go unreported. Body: What is the Definition of Domestic Violence: Marital rape, or the act of compelling your husband to have sex without express written agreement, is an unfair but frequently used strategy to denigrate and undermine women. India is one of just 36 countries that has not yet criminalised marital rape, despite the fact that it has been contested in more than 100 countries today. In 2013, the UN Committee on the Elimination of Discrimination Against Women (CEDAW) recommended that the Indian government make marital rape. The JS Verma committee, which was set up in the wake of significant protests against the gang rape case on December 16, 2012, gave the same advice. Issues with the rape laws in India in regard to marital rape: Our country’s rape laws still reflect the patriarchal mentality that sees women as the property of men after marriage, with no autonomy or control over their bodies. Married women are not afforded the same legal protections as those guaranteed by the Indian constitution. Legislators find it difficult to understand why a marriage shouldn’t be viewed as allowing a husband to savagely abuse his wife without suffering any consequences. Both married and unmarried women possess the authority over their own bodies. In India, the concept of marital rape serves as the standard for “implied consent.” Marriage between a man and a woman is not conceivable without both parties having consented to sexual activity. Making marital rape unlawful, in accordance with the centre, would damage the institution of marriage and provide harassers unrestricted access to husbands. It has cited the SC’s and other HCs’ perspectives on the rising use of IPC Section 498A in inappropriate ways (harassment of a married woman by her husband and in-laws). The Indian Penal Code, 1860 similarly conveys a similar message. The crime of rape is defined by the six descriptions that combined make up Section 375. One of the exceptions to this crime is the statement that “Sexual intercourse or sexual activities by a man with his own wife, the wife not being under 15 years of age, are not rape.” Previously, Section 375 (Exception) made a distinction between consent given by a married woman and consent given by an unmarried woman, as well as between consent given by a married woman who was under the age of 15 and consent given by a married woman who was over the age of 15. Correctly overturning this and raising the legal drinking age to 18, the Supreme Court. Making rape in marriage a crime: The Supreme Court’s ruling might only do so much to keep marital rape from becoming lawful. The legislative needs to remove Section 375 (Exception) of the IPC, acknowledge this legal problem, and include marital rape in the rape statutes. Eliminating this restriction will give women more protection from abusive partners, enable them to receive the rehabilitation treatment they require after experiencing marital rape, and enable them to defend themselves against both domestic and sexual assault. No one, not even a spouse, should be allowed to violate another person’s human rights, and Indian women should be treated equally. Conclusion: Rape is rape, regardless of who committed the act or the victim’s age. When a woman is sexually assaulted by a stranger, she is only left with the memory of the horrifying act; when she is sexually assaulted by her husband, she is also only left with the rapist. The majority of the criminal laws we adopted from the British even after 73 years of independence remain the same. Since then, though, English law has altered, making marital rape a crime as of 1991. However, no Indian government has up until now shown a strong desire to find a solution. Q2. Despite being praised as the biggest democracy in the world, India has recently done poorly on the majority of the most important global democracy reports. Comment. Paper & Topic: GS II à Indian Constitution Model Answer: Introduction: Democracy is a type of government in which the people who are governed, either directly through voting or through elected representatives, ultimately have the authority. India is currently the largest democracy in existence. The Economist Intelligence Unit said that India dropped two spots to take up position 53 in the world’s ranking for the 2020 Democracy Index, blaming the government’s “democratic backsliding” and “crackdowns” on civil freedoms for the drop. Body: India is considered a democracy with flaws for the following reasons: Indian democracy is still plagued by corruption, poverty, gender discrimination, casteism, communalism, religious fundamentalism, regionalism, and criminalization of politics. The two most recent reports claim that “conservative religious views” are growing in popularity across the nation. India’s ranking has been impacted by vigilantism, violence, a reduction in the space for criticism, and threats to minorities and oppressed groups. The new citizenship rule has incited the nation’s sizable Muslim minority, exacerbated intergroup strife, and led to substantial demonstrations in major cities. Articles 370 and 35A were repealed along with how, in advance of the change, “the government deployed a considerable number of troops in J&K, implemented numerous draconian security measures, and placed local leaders under house arrest, including those with pro-India credentials.” In J&K, the government likewise limited Internet access. 1.9 million persons were left off the final list of participants in the Assam NRC exercise, and “the vast majority of those

Q1. “The institution of marriage will become unstable if marital rape is criminalised.” Analyze the claim critically in light of a recent Supreme Court decision. Paper & Topic: GS I à Women Empowerment Model Answer: Introduction: According to the NCRB research, a woman in India is sexually assaulted every 16 minutes and subjected to abuse by her in-laws every 4 minutes. According to an analysis of data from the National Family Health Survey (NFHS) 2015–16, an estimated 99.1% of sexual assault incidents go unreported, and the average Indian woman is 17 times more likely to experience sexual assault from her husband than from other people. Body: Definition of Domestic Violence: An unjust but frequent method of demeaning and undermining women is marital rape, which is the act of forcing your spouse to have sex without proper consent. Even though it has been challenged in more than 100 nations today, India is one of just 36 nations that have not yet made marital rape a crime. The Indian government should make marital rape a crime, the UN Committee on the Elimination of Discrimination Against Women (CEDAW) advised in 2013. The same was advised by the JS Verma committee, which was established in the wake of widespread demonstrations over the December 16, 2012 gang rape case. Problems with Indian rape laws regarding marital rape: The patriarchal mindset that views women as the property of men after marriage, with no autonomy or power over their bodies, is still prevalent in our nation’s rape laws. They deny married women the same legal protections that the Indian constitution guarantees. Legislators are unable to comprehend that a marriage should not be regarded as authorising a husband to brutally rape his wife without repercussions. The power over one’s own body belongs to both married and single women. In India, the idea of marital rape is the definition of what we mean by “implied consent.” It is impossible for marriage to exist between a man and a woman without both parties having given their agreement to sexual activity. According to the centre, making marital rape illegal would undermine the institution of marriage and provide harassers unfettered access to husbands. It has referenced the SC’s and other HCs’ views over the growing abuse of IPC Section 498A (harassment of a married woman by her husband and in-laws). The similar message is also conveyed by the Indian Penal Code, 1860. Six descriptions that collectively make up Section 375 serve to define the crime of rape. The phrase “Sexual intercourse or sexual activities by a man with his own wife, the wife not being under 15 years of age, are not rape” is one of the exceptions to this crime. Previously, Section 375 (Exception) distinguished between permission granted by a married woman and an unmarried woman as well as between married females who were under the age of 15 and those who were over the age of 15. The Supreme Court correctly overturned this and increased the age to 18. Making Marital Rape a Crime: The Supreme Court’s decision only went so far in preventing the legalisation of marital rape. It is past time for the legislature to recognise this flaw in the law, repeal Section 375 (Exception) of the IPC, and put marital rape under the rape statutes. By eliminating this rule, women will be protected from violent spouses, be able to get the recovery support they need after being raped in marriage, and be able to protect themselves from domestic abuse and sexual abuse. Indian women should be treated equally, and no one, not even a spouse, should be allowed to violate another person’s human rights. Conclusion: Regardless of who committed the crime or the victim’s age, rape is rape. When a woman is raped by a stranger, she is left with the recollection of the heinous crime; when a woman is raped by her husband, she is left with the rapist. Even after 73 years of independence, our British-inherited criminal rules have mostly not changed. However, English law has since changed, making marital rape a crime as early as 1991. However, no Indian administration has up till now demonstrated a keen interest in finding a solution. Q2. The Internet is a valuable tool for improving children’s lives, but it’s crucial to recognise and comprehend the risks.” Examine the effectiveness of the measures taken by India to stop child sex abuse online in light of the statement. Paper & Topic: GS II à Government Policies and Interventions Model Answer: Introduction: As a result of lockdowns, the Internet Watch Foundation (IWF) labelled 2021 as the worst year ever for child sexual abuse online. Internet groomers were targeting younger and younger children “on an industrial scale.” Due to the COVID-19 pandemic, school closings and a shift toward online learning have increased young people’s internet activity. Body: Child sexual abuse online is on the rise: Younger children have become more dependent on the internet during the pandemic, according to child safety experts, and spending more time online may make them more exposed to gangs of criminals who want to find and coerce them into filming their own sexual assault on video. On the open internet, other thieves then distribute the footage. Internet usage has increased significantly over the past ten years, not just in India but also globally. India has 624 million internet users in January 2021, an increase of more than 8% over the previous year. A UNICEF survey claims that children make up one out of every three internet users worldwide. We don’t have exact figures, but a sizable portion of Indian consumers are also youngsters. Online child sexual exploitation and abuse are on the rise in India due to risky behaviour, a lack of parental supervision, the growth of cybercrime, and insufficient safety measures. Online grooming, creating and disseminating child sexual abuse materials, and live-streaming abuse are a few examples of this type of abuse and exploitation. Cyberstalking, cyberbullying, and exposure to dangerous content are further linked behaviours.