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Consent in perpetuity: This is the assumption that once married; a woman gives her permanent consent, which she cannot retract. This concept in the colonial-era law is rooted in the idea that a woman is the ‘property’ of the man who marries her.
Expectation of sex: This is the assumption that a woman is duty-bound or is obligated to fulfil sexual responsibilities in a marriage, since the aim of marriage is procreation. And since the husband has a reasonable expectation of sex in a marriage, the provision implies that a woman cannot deny it.
What are the main arguments against the exception to the IPC section on rape?

It has been argued that the marital rape immunity stands against the light of the right to equality, the right to life with dignity, personhood, sexual, and personal autonomy — all of which are fundamental rights protected under Articles 14, 19 and 21 of the Constitution respectively.
In the Delhi case, the petitioners argued that the exception creates an unreasonable classification between married and unmarried women and, by corollary, takes away the right of a married woman to give consent to a sexual activity.
They also argued that since courts have recognised that consent can be withdrawn even during or in between a sexual act, the assumption of “consent in perpetuity” cannot be legally valid. On the issue of “reasonable expectation of sex”, the petitioners argued that even though there is a reasonable expectation of sex from a sex worker or other domestic relationships as well, consent is not irrevocable.
The petitioners also argued that since the provision was inserted before the Constitution came into force, the provision cannot be presumed to be constitutional.
In 2013, the J S Verma Committee, set up to look into criminal law reforms following the brutal gangrape and murder of a 23-year-old paramedic in Delhi in 2012, had recommended removing the marital rape exception. But the then government did not change the law on marital rape.

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Today's Headlines - 26 July 2023
Centre withdraws DNA Bill
GS Paper - 3 (Biotechnology)

The Union government withdrew the DNA Technology (Use and Application) Regulation Bill, 2019, from the Lok Sabha. First proposed in 2003, the Bill has gone through numerous changes, led by both the Department of Biotechnology and the Law Ministry, over the years. In 2019, it was referred to the Parliamentary Standing Committee after being introduced in the Lok Sabha. Two years later, the panel’s report was released, in which it highlighted the fears of a number of MPs, saying the Bill could be misused to target segments of society based on religion, caste or political views.

What is the Bill?

The Bill seeks to create a regulatory framework for obtaining, storing and testing DNA samples of human beings, mainly for the purposes of criminal investigations, and with the objective of establishing the identity of a person.
DNA testing is already being used for a variety of purposes, such as criminal investigations, establishment of parentage, and search for missing people.
The proposed law seeks to bring in a supervisory structure to oversee these practices, and frame guidelines and rules so that the DNA technology is not misused.
To achieve these objectives, the Bill proposes to set up two institutional structures — a DNA regulatory board and a DNA data bank — at the national level. Regional centres of the board as well as the data bank can be set up at the state level too.
The board, which is proposed to be the main regulatory authority, would frame the rules and guidelines for DNA collection, testing and storage, while the data bank would be the repository of all DNA samples collected from various people under specified rules.
The Bill proposes that testing of DNA samples can be carried out only at laboratories that are authorised to do so by the regulatory board.
It also specifies the circumstances under which a person can be asked to submit DNA samples, the purposes for which such requests can be made, and the exact procedure for handling, storing and accessing these samples.

What are the objections against the Bill?

The main debate over the proposed law has been around three issues — whether DNA technology is foolproof, whether the provisions adequately address the possibility of abuse of DNA information, and whether the privacy of the individual is protected.
DNA information can be extremely revelatory. It can not only establish a person’s identity but also reveal a lot about physical and biological attributes of the person like eye, hair or skin colour, susceptibility to diseases, possible medical history, and possible clues to biological relatives.
For years, critics of the Bill have been claiming that collecting and storing such intrusive information could lead to abuse, besides being violative of a person’s privacy.

What has the government said?

The government has defended the Bill by arguing that nearly 60 countries have enacted similar legislation and that all important matters related to privacy, confidentiality and data protection have been taken into account.
It has also claimed that very limited information is proposed to be stored in the indices — just 17 sets of numbers out of billions that DNA samples can reveal. These can tell nothing about the individual and only act as a unique identifier.

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Today's Headlines - 11 August 2023
MPC has kept interest rate unchanged
GS Paper - 3 (Economy)

Interest rates in the Indian financial system will remain unchanged following the decision of the Monetary Policy Committee (MPC) of the Reserve Bank of India (RBI) to keep the main policy instrument – the Repo rate – unchanged at 6.50 per cent on 10 August 2023. Equated monthly instalments (EMIs) of home, vehicle and other loans are expected to remain steady for the time being.

Why is the RBI in pause mode?

The pause in the Repo rate – the rate at which RBI lends money to banks to meet their short-term funding needs – on 10 August 2023 is for the third time since the RBI started hiking the Repo rate in May 2022 to check inflation.
In April policy, the MPC members, in a surprise move, had unanimously decided to pause the rate hike cycle.
Monetary policy transmission is still underway after the RBI slashed the Repo rate by 250 basis points since May 2022 and headline inflation is expected to remain above the five per cent level and even touch even 6.2 per cent in the second quarter of this year.
While the vegetable price shock may reverse quickly, possible El Nino weather conditions along with global food prices need to be watched closely against the backdrop of a skewed southwest monsoon so far.

Why RBI has hiked inflation projection and its impact

On 10 August 2023, the RBI revised its FY2024 inflation projection to 5.4 per cent from 5.1 per cent announced in June.
It said CPI inflation is expected to be at 6.2 per cent in the second quarter, 5.7 per cent in the third quarter and 5.2 per cent in the fourth quarter of FY2023-24.
This means the high policy rates will remain high for long and, therefore, a rate cut can be expected only in Q1 FY25.
The spike in tomato prices and the rise in cereal and pulses contributed to inflation. However, vegetable prices may see a significant correction.
Retail inflation (measured using the consumer prices index or CPI) had declined to an 18-month low of 4.3 per cent in May from 5.7 per cent in March, remaining under the RBI’s comfort zone of 2-6 per cent for two consecutive months.
However, inflation has picked up since then and it’s likely to rise in the range of 6-6.8 per cent in July from 4.81 per cent in June. The RBI is mandated to keep CPI at 4 per cent with a band of +/- 2 per cent.

Why has RBI retained the stance of withdrawal of accommodation?

The RBI has focused on its stance of ‘withdrawal of accommodation’ until all risks to inflation dissipate. An accommodative stance means the central bank is prepared to expand the money supply to boost economic growth.
Withdrawal of accommodation will mean reducing the money supply in the system which will rein in inflation further.

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Today's Headlines - 02 September 2023
Govt forms
committee on simultaneous elections
GS Paper - 2 (Polity)

The government has constituted a committee headed by former president of India Ram Nath Kovind to explore the possibility of “one nation, one election” on 1 September 2023. Over the years, the Prime Minister has pushed for the idea of simultaneous Lok Sabha and state assembly polls.

What are the arguments around holding simultaneous elections?

There are pros and cons here. Making polls simultaneous would address various concerns, such as reducing the cost of holding elections and limiting all elections to a single season.
At present, there is an election in one state or the other at almost any given time, and those who favour simultaneous polls argue that the Model Code of Conduct gets in the way of the government announcing projects or policy plans.
Against the idea, the arguments include the complexity of such an exercise, the widely held view that simultaneous polls would benefit the nationally dominant party at the cost of regional players, and the complications that would arise if any of the governments were to collapse before completing its term. Leave alone state legislatures, even the central government could fall.
Of the Lok Sabhas since 1952, many were dissolved ahead of schedule — such as in 1971, 1980, 1984, 1991, 1998, 1999 and 2004.
There would also be logistical issues, requiring about twice as many electronic voting machines and Voter Verifiable Paper Audit Trail machines.
Has the idea of simultaneous polls been explored before?

The Election Commission had suggested back in 1983 that such a system be worked out.
The Law Commission headed by Justice B P Jeevan Reddy, in its 170th Report in May 1999, stated, “We must go back to the situation where the elections to Lok Sabha and all the Legislative Assemblies are held at once”.
In 2003, then Prime Minister Atal Bihari Vajpayee took up the issue with Congress president Sonia Gandhi. She appeared initially receptive, but the idea did not take off from there.
In 2010, BJP leader LK Advani met with then Prime Minister Manmohan Singh, and then wrote in his blog: “I found both of them (PM and Finance Minister Pranab Mukherjee) receptive to a proposal I have been advocating for quite some time: fixed term legislatures and simultaneous Lok Sabha and Assembly polls.”
Sunil Arora also said in 2019, that the EC would be supportive of the idea. “Yes, we would also prefer it. And this is not a bureaucratic statement, just saying we agree in principle, etc.”

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