Category: Social Issues

The Communist Party of India (Maoist) claims to strive for gender equality, yet women cadres face institutional abuse and exploitation.

Women’s participation in the party

• Ineffective council representation: Despite accounting for 35%-40% of the party, women are underrepresented in the Central Committee and the Dandakaranya Special Zonal Committee (DKSZC).
• Members of the cadre include: Only one woman cadre is a member of the Central Committee out of more than 20 members, and only two women cadres are DKSZC members out of about 20 members.

Women’s nutrition and health

• Women confront additional health concerns in the bush, as well as poor nutrition and treatment. The majority of women become anaemic due to a lack of sufficient nutrition.
• menstruation hygiene issues: Women cadres do not receive menstruation leave and must remain on high alert at all times with a rifle. For six months, two female cadres are given only one loin towel to share as a sanitary napkin.
• Basic necessities are insufficient: Women cadres are not permitted to drink freely and are at the mercy of the unit leader, who carries some medical supplies.

Marriage and procreation

• Marriage is not for enjoying family life: The party allows marriage only between willing combatants, not for enjoying family life.
• Forced vasectomy: Male cadres are required to have a vasectomy before or shortly after marriage.
• Forced abortion: If a woman cadre becomes pregnant, she must have an abortion.
• Divorce and polygamy remain unaddressed: The party is deafeningly silent on divorce and polygamy.

Sexual exploitation and ill-treatment of women

• Sexual exploitation and poor treatment: Sexual exploitation of women is rampant in the party, and women cadres have committed suicide as a result of ill-treatment and suspicion.
• Disciplinary action is taken against cadres for moral turpitude, but the maximum punishment is merely a year’s suspension or demotion.

@the end

Women who join the Communist Party of India (Maoist) with the intention of bringing about a revolution for the proletariat and landless class are frequently victims of the institutional violence they are supposed to oppose. The party must ensure gender equality in practice, not only in rhetoric, and improve working conditions for female cadres.

Source: https://www.thehindu.com/opinion/op-ed/the-lesser-known-battles-of-maoist-women/article66729765.ece

The Supreme Court has indicated it will primarily focus on the question of Gujarat’s jurisdiction to prematurely release 11 men sentenced to life for the gang rape of Bilkis Bano and the murder of her family during the 2002 riots.

The main idea

• The Bilkis Bano case is a landmark case of gangrape and mass murder that occurred during the 2002 Gujarat riots in India.
• Bilkis Bano, then a 21-year-old pregnant woman, was raped and her family members were murdered during the riots that followed the Godhra train burning event.
• The case was originally ignored, but after persistent efforts by Bano and her supporters, it was reopened and the perpetrators were apprehended.

Initial investigation and cover-up

• No thorough investigation: Despite the gravity of the crime, the initial investigation was flawed.
• Evidence tampered with: Bano’s medical evaluation was delayed for several days, during which critical evidence was lost.
• No FIR registered: The police refused to file a First Information Report (FIR) initially, and when they did, they left out crucial details of the incident.

Reopening of the case

• Bano and her supporters continued to struggle for justice, and in 2004, the case was transferred to the Central Bureau of Investigation (CBI) on the order of the Supreme Court.
• The CBI conducted a comprehensive investigation and charged 19 people, including police officers and doctors, who attempted to cover up the crime.
• The trial began in a Mumbai court in 2008.

Conviction and sentencing

• In 2017, after a lengthy legal battle, a Mumbai judge convicted 11 accused persons, including one police officer, for gang rape and murders.
• The main accused, a police officer, was sentenced to life in prison, while the others received seven years in prison.
• The court also acquitted seven other accused persons due to lack of evidence.

The release of convicted criminals is a critical problem.

• In February 2021, the Bombay High Court acquitted five of the convicted persons, citing lack of evidence.
• The court also upheld the police officer’s life sentence and reduced the sentences of the other convicts to three years.
• The convicts were released from prison after serving their sentence.

What are the laws on remissions?

• Prisoners are often granted remission of sentences and released on important occasions such as birth and death anniversaries of prominent leaders.
• Under Articles 72 and 161 of the Constitution, the President and Governors have the authority to pardon, suspend, remit, or commute a sentence imposed by the courts.
• As prisons are a state subject, state governments have the authority to commute sentences under Section 432 of the Code of Criminal Procedure (CrPC).
• The state government’s relief powers, however, are limited by Section 433A of the CrPC.
• It requires a person serving a life imprisonment sentence for an offence where death is a punishment or where a death sentence has been commuted, cannot be released until they have served at least 14 years in prison.

Critical reception of the judgement

• Bano and her family members expressed disappointment with the court’s decision to acquit some of the convicts, and they intend to appeal the ruling to the Supreme Court.
• Bano has served as a symbol of bravery and determination for survivors of sexual violence in India, and her case has highlighted the need for justice and accountability for crimes committed during communal riots.

Significance of the case

• The Bilkis Bano case is significant because it highlights the issue of communal violence in India and the authorities’ failure to provide justice to the victims.
• The case also underscores the need for the protection of the rights of women and minorities in India.
• The long legal battle fought by Bano and her supporters shows that justice is possible, but it requires persistence, courage and the support of civil society.

Source: https://www.bbc.com/news/world-asia-india-62574247#:~:text=The%20convicts%20were%20part%20of,accorded%20had%20caused%20global%20outrage.

• Activists are urging the Ministry of External Affairs (MEA) to take a more active role in child custody proceedings in Western countries.
• The call coincides with the release of the film Mrs. Chatterjee vs. Norway, which focuses on the diplomatic spat between India and Norway in 2011.
• The film examines cases in which parents lose custody of their children due to cultural differences in their upbringing.

What factors contribute to ‘bad’ parenting in Norway?

• Hand feeding: Norwegian authorities objected to the family’s hand-feeding of the baby, comparing it to force-feeding.
• Children sleeping in the same bed as their parents: They also had issues with children sleeping in the same bed as their parents, which is very common in Indian households.
• Physical discipline is prohibited: The charges against the parents included a slap from the parents – only once. Even mild corporal punishment, such as a slap, is illegal in Norway.
• Lack of recreation: Authorities accused the couple of not providing enough space for their children to play. They were also accused of giving their children “unsuitable” clothes and toys.

Child Welfare Services in Norway

• The Child Welfare Services in Norway, also known as Barnevernet, is in charge of child protection in the country.
• The organisation is very strict about child protection and has strict regulations in place for all citizens living in the country, regardless of cultural background.
• The primary responsibility of Child Welfare Services is to implement measures for children and their families who have special needs in the home environment.
• Counseling, advisory services, and aid measures are available, including external support contacts, home relief measures, and access to daycare.

The Bhattacharya Case and Diplomatic Row

• The case of the Bhattacharya couple, whose children were taken away by Barnevernet, sparked a diplomatic row between Norway and India. The Bhattacharya had asked the foreign ministry to intervene in the case of their children being taken away by the Child Welfare Services.
• Bias against non-Norwegian citizens: Although the couple was accused of mistreating their children, some claimed that the decision was biassed against non-Norwegian citizens.
• State kidnapping of children: Human rights activists in India, called the incident “state kidnapping”.
• Labeling parents as mentally ill: In almost every case, they claim that one of the parents has a mental illness in order to strengthen their case.

How did Norway react?

• Following a diplomatic spat between the two countries, Norwegian authorities decided to give custody of the children to their father’s brother, allowing him to return them to India.

Way ahead

• The case emphasises the importance of transparent and unbiased decision-making processes in child welfare services, particularly when non-native citizens are involved.
• While child protection is critical, authorities must ensure that their actions are fair, just, and do not favour any particular group or culture.

Source: https://www.hg.org/legal-articles/understanding-the-hurdles-of-international-law-in-your-child-custody-case-49641

The article discusses India’s ranking in the World Bank Index of Working Women’s Life Cycle.

The World Bank Life Cycle of Working Women Index

• It is a tool developed by the World Bank to measure and track the progress of women’s economic participation and opportunities over their lifetimes.
• It is based on a set of indicators that measure factors such as laws and regulations affecting women’s employment, access to finance, and gender-based violence and harassment in the workplace.
• The index is divided into three sections: Before beginning a job, During employment, and After employment.
• Each category contains a set of indicators that assess the specific challenges and opportunities that women face at various stages of their careers.
• The index’s goal is to provide data and insights to policymakers and stakeholders that can be used to inform policies and programmes aimed at improving women’s economic opportunities and outcomes.
• The index is updated on a regular basis to track progress and identify areas where more action is required.

The performance of India

• The World Bank Index on the Life Cycle of Working Women, which measures factors such as laws, regulations, and practises affecting women’s economic participation, gave India a score of 74.4 out of 100.
• This score ranks India 140th out of 190 countries in the index.
• Issues raised India has made progress in some areas, such as maternity benefits and anti-discrimination legislation.
• There are still significant disparities in areas such as equal pay and financial access.
• The report also emphasises the impact of the COVID-19 pandemic on women’s economic participation, with many women losing jobs and working fewer hours.

Important suggestions

• The report concludes by making recommendations for actions that can be taken to improve women’s economic participation, such as expanding access to childcare.
• Encouraging flexible working arrangements and
• Addressing gender-based workplace violence and harassment

Source: https://www.thehindu.com/news/national/india-scores-744-in-world-bank-index-on-life-cycle-of-working-women/article66576659.ece#:~:text=The%20laws%20affecting%20the%20Indian,out%20of%20a%20possible%20100.

From March 14, the Supreme Court will begin hearing a series of petitions seeking to criminalise marital rape.

What exactly is Marital Rape?

• The act of having sexual relations with one’s spouse without her consent is known as marital rape.
• Domestic violence and sexual abuse have similar manifestations.
• It is frequently a chronic form of violence for the victim that occurs within abusive relationships.

Status in India

• Historically regarded as a spouse’s right, many societies around the world now consider this to be rape.
• Marital rape is not a criminal offence in India (as protected under IPC section 375).
• India is one of fifty countries that has not yet made marital rape illegal.

Reasons for disapproval of this concept

• The unwillingness to define and prosecute non-consensual sex between married couples has been attributed to:
• Traditional marriage perspectives
• Religious doctrine interpretations
• Male and female sexuality concepts
• Cultural expectations of a wife’s subordination to her husband
• It is widely held that a husband cannot be held liable for any sexual act committed by himself against his lawful wife because they have mutual matrimonial consent.

Why should it be considered a crime?

• Rape by a spouse, partner, or ex-partner is more frequently associated with physical violence and sexual mutilation.
• Marital rape has been shown in studies to be more emotionally and physically damaging than rape by a stranger.
• Marital rape may occur as a result of an abusive relationship.
• Revenge: Furthermore, marital rape is rarely a one-time occurrence, but rather a repeated, if not frequent, occurrence.
• Women’s Obligation: In the case of marital rape, the victim frequently has no choice but to continue living with their spouse.

Violation of fundamental rights

• Marital rape is considered a violation of the freedom of expression guaranteed by Article 14 of the Indian constitution, which guarantees equal protection under the law to all people.
• It violates married women’s right to privacy and bodily integrity, which are aspects of their right to life and personal liberty under Article 21 by denying them an effective penal remedy for forced sexual intercourse.

Prosecutors face difficulties in prosecuting marital rape.

• Inadequate awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute, is widespread throughout the world.
• Gender roles: Furthermore, gender norms that place wives in subservient roles to their husbands make it more difficult for women to detect rape.
• Acceptability of the concept: Another issue stems from existing social norms.

Present regulations in India

• Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
• Until 2017, however, men married to minors aged 15 to 18 could not be convicted of rape.
• Marital rape of an adult wife who is unofficially or officially separated is a criminal offence punishable by 2 to 7 years in prison; it is not covered by standard rape laws, which allow for the death penalty.
• Other married women who have been subjected to such crime by their husband may seek financial restitution under the Protection of Women From Domestic Violence Act (2005).
• They also have the right to remain in their marital household if they wish, or to seek help from shelters or other organisations.
• In this case, however, marital rape is still not a criminal offence and is only a misdemeanour.

Arguments against criminalization

• Subjective: It is difficult and subjective to determine whether or not consent was obtained.
• Misuse Prone: If marital rape is criminalised without adequate safeguards, it, like the current dowry law, could be abused by disgruntled wives to harass and torture their husbands.
• Judiciary’s burden: It will increase the burden on the judiciary, which could otherwise be used for more important causes.

Way forward

• The legalisation of marital rape recognises the woman’s right to self-determination (i.e., control) over all aspects of her body.
• In the absence of a concrete law, it is always difficult for the judiciary to rule on the issue of domestic rape in the absence of solid evidence.
• The primary goal of marriage is procreation, and divorce is sometimes sought on the grounds of non-consummation of marriage.
• The judiciary must balance the rights and duties of both partners before issuing a final interpretation.

Source: https://www.thehindu.com/news/national/supreme-court-to-hear-petitions-relating-to-criminalisation-of-marital-rape-from-march-14/article66382195.ece#:~:text=The%20Supreme%20Court%20on%20Monday,its%20response%20in%20an%20affidavit.

According to the Social Hostilities Index (SHI) published by the US think tank Pew Research Center in 2020, India came in first place.

Social Hostilities Index (SHI)

• SHI tracks acts of religious bigotry committed by private citizens, organisations, or social groups.
• The SHI tracks incidents of religious hostility committed by private people, groups, or organisations.
• The index includes 13 indicators, such as mob or sectarian violence as well as military conflict or terrorism motivated by a particular faith.
• The SHI was calculated by asking whether the nation experienced violence driven by religious bias or hatred, whether individuals experienced harassment or intimidation motivated by such bias or hatred, and whether there was mob violence directed at members of certain religious groups.

How bad has India fared?

• India’s SHI in 2020, at 9.4 out of a potential 10, was worse than its neighbours Pakistan and Afghanistan, and it increased its own index rating for 2019, according to Pew research.
• Due to its suppression on a “religious” gathering that defied the COVID ban in New Delhi, India has received harsh criticism.

Government Restrictions Index (GRI)

• A second index, the Government Restrictions Index, places India substantially higher (GRI).
• This index examines governmental restrictions on religious practises and beliefs.
• With a score of 9.3, China came in last.
• India was ranked 34th, which was sufficient to classify it among nations with “strong” levels of these government limitations.
• The GRI consists of 20 measures, including efforts by governments to forbid conversion, restrict preaching, outlaw certain faiths, or provide special treatment to one or more religious organisations.

Official data for substantiation

• The picture is more complex according to India’s own official crime figures.
• Police records show that religious riots for which complaints were filed significantly increased in 2020 and then again fell in 2021.
• However, there have been large fluctuations over time, and the numbers are too small as a percentage of all rioting episodes to reveal a clear trend.
• Additionally, the National Crime Records Bureau (NCRB) now only releases statistics on religious “riots” and the home ministry no longer provides data on “communal occurrences.”

According to a study done in more than 40 communities, three out of every five child marriages result in teen pregnancies, which has a negative effect on the girl child’s sexual and reproductive health.

• According to a poll by the non-governmental organisation (NGO) Child Rights And You, three out of every five child brides experienced teenage pregnancy, which had a negative effect on their sexual and reproductive health.
• The survey was carried out as a component of a broader study that involved 40 villages from four districts in four different states: Chittoor in Andhra Pradesh, Chandouli in Uttar Pradesh, Parbhani in Maharashtra, and Kandhamal in Odisha.

Highlights

• Uttar Pradesh has the lowest mean age at marriage for girls who marry as children (16.3 years), followed by Odisha (16.5 years), Andhra Pradesh (16.6 years), and Maharashtra (17).
• The country’s average age is 16.5 years.
• Only 16% of parents and in-laws, as well as 34% of child brides or grooms, are aware of the drawbacks of child marriage.
• It is believed that child marriage occurs six times more frequently among girls than it does among boys.
• Among the South Asian Association for Regional Cooperation (SAARC) nations, Bangladesh has the greatest incidence rate of child marriage among those aged 20 to 24; it is followed by Nepal, Afghanistan, and India.

Steps taken for Child Safety in India

• The Prohibition of Child Marriage Act (PCMA) was passed in 2006.
• The Protection of Children from Sexual Offences Act of 2012 (POCSO) was passed to safeguard children against sexual assault and harassment offences.
• Unlike the Indian Penal Code, POCSO does not take marriage into account while determining exclusions (IPC).
• It is illegal to have sexual relations with anyone under the age of 18, even if they occur in a shared home or through marriage.

Obstacles in eliminating Child Marriage

• There is a big disparity in the community’s awareness level regarding government protection systems and instruments in existence and institutional procedures, which causes girls in particular to drop out of school and puts them at risk of child marriage.
• Underreporting: To stop the practise of child marriage, community people must actively oppose instances of child marriage in their neighbourhood and report such cases to the appropriate government officials.
• Family and peer pressure have a crucial role in the continued practise of underage marriage.
• Perceived concepts of women’s honour: One of the main factors was the fear of females eloping, having a “love affair,” or engaging in premarital sex.
• The practise continues in part because people don’t comprehend the detrimental effects of child marriage, and since child marriage-related legal restrictions are rarely used.

Recommendations

Promote greater awareness of the effects of child marriage through awareness campaigns.

• Public awareness campaigns, at the school and community levels, to increase knowledge of governmental programmes and other systemic response mechanisms.

Increasing females’ access to secondary education is important for reducing school dropout rates and, as a result, decreasing child marriage.

• In addition, the National Education Policy (NEP) – 2020’s implementation of associated measures needs to be stepped up.

Self-Help Groups (SHGs) can function as change agents by informing women in SHGs about legal obligations and suggested responses in the event of a child marriage. This is how child marriage can be prevented.

• Start long-term initiatives to eradicate social injustice and poverty in order to significantly lower child marriage rates.

In order to broaden the child protection field, Village Child Protection Committees (VCPCs) were created particularly to do so. They should provide kids a voice and ensure they have decision-making authority.

• Give children from disadvantaged families the resources they need to access online learning:
• Using IEC materials that are kid-friendly and age-appropriate, teach kids about the systemic response mechanisms (system specific and governance) that are in place.

Establishing Central Regulations for Child Marriage The Prohibition of Child Marriage Act of 2006 calls for different State Rules, but establishing centrally agreed-upon minimum standards will assist ensure systemic parity and promote more seamless execution of the law.

Source—https://www.downtoearth.org.in/news/governance/teenage-pregnancies-in-every-3-of-5-child-brides-finds-cry-85997