KSG Podcast - Customary international law | best daily editorial analysis for upsc #prelims2022
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Watch: KSG DYK - The ‘codification’ of Parliamentary privileges of Members of Parliament are enshrined in?
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KSG Podcast - Customary international law | best daily editorial analysis for upsc #prelims2022
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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They also argued that since courts have recognised that consent can be withdrawn even during or in between a sexual act, the assumption of “consent in perpetuity” cannot be legally valid.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 - 22 August 2023
Violation of privacy in caste survey
GS Paper - 2 (Polity)

The Supreme Court asked the petitioners challenging the Bihar caste survey what was the violation of privacy in asking people to disclose their caste after the latter contended that the exercise was clearly in violation of the top court’s nine-judge decision in the privacy case wherein it was held that the state cannot encroach on the privacy of individuals without a law to back it.

What

If somebody is asked to give caste or sub-caste, in a state like Bihar, caste is known to neighbours… Which of these 17 questions (asked as part of the survey) invades privacy, asked Justice Sanjeev Khanna, presiding over a two-judge Bench, and said the exercise was carried out on the strength of an executive order.
The Bench commenced hearing a batch of pleas challenging the 1 August decision of the Patna High Court, which gave the go-ahead to the caste survey.
Some of these petitions have claimed the exercise was an infringement of the people’s right to privacy.
The SC, he pointed out, had said that “while it intervenes to protect legitimate state interests, the state must nevertheless put into place a robust regime that ensures the fulfillment of a threefold requirement.
These three requirements apply to all restraints on privacy (not just informational privacy). They emanate from the procedural and content based mandate of Article 21.
The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21.
For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.
The caste survey, however, was carried out on the basis of an executive order, which does not even set out the aim of the exercise.
Puttaswamy judgment says privacy can be intruded upon only by a just fair and reasonable law, with a legitimate aim, which has to stand the test of proportionality.

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Today's Headlines - 25 August 2023
Vehicles bear ‘caste and religious stickers’
GS Paper - 2 (Polity)

The Noida and Ghaziabad Police, over the past few days, issued challans to 2,300 people for putting ‘caste and religious stickers’ on their cars as part of a special drive that started. The challan for putting such a sticker on the car is Rs 1,000 and Rs 5,000 for placing it on the registration number plate. The police also said that similar drives will be conducted in future.

What does the law say?

While there is a clear rule against putting any stickers on the registration number plate under the Motor Vehicle Rules 1989 governments in different states have issued orders against putting stickers that signify caste and religion even on the body of the vehicle.
The Uttar Pradesh transport directorate, in its order issued on 10 August 2023, said a special drive to challan vehicle owners for using caste-specific and religion-specific stickers will be held between 11 and 20 August 2023.
According to the Motor Vehicle Rules, “stickers and adhesive labels” in registration number plates are not permitted.
The rules also state the specifications of the number plate. According to the Section , the number plate ‘shall be a solid unit made of 1.0 mm aluminium’ and ‘should bear the letters “IND” in blue colour on the extreme left centre’.
If the number plate is not as per the rules, which includes putting labels or stickers on it, Section 192 of the MV act, has the provision of a fine of up to Rs 5,000 for the first offence. For subsequent offences, they can be imprisoned for up to 1 year and fined up to rupees 10,000.
In the case of stickers on the body of the vehicles, the police are issuing challans under Section 179 of the Motor Vehicles Act 1988.
The section has the provision for fines in case of ‘disobedience of orders, obstruction and refusal of information’.
Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees, the section states.

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Today's Headlines - 09 September 2023
India, ASEAN agree to deepen strategic ties
GS Paper - 2 (International Relations)

India and 10-nation ASEAN agreed to deepen their comprehensive strategic partnership with concrete actions through practical implementation of the 'Plan of Action' to implement the ASEAN-India partnership for peace, progress and shared prosperity.

More about agreement

In a joint statement on maritime cooperation, it was agreed to support India's connectivity initiatives in the region to ensure seamless connectivity in the Indo-Pacific, besides boosting cooperation in a range of areas including blue economy, space and food security among others.
The two sides agreed to deepen their comprehensive strategic partnership with concrete actions through practical implementation of the 'Plan of Action' to implement the ASEAN-India partnership for peace, progress and shared prosperity.
They reaffirmed the importance of maintaining and promoting peace, stability, maritime safety and security, freedom of navigation and overflight in the region, and other lawful uses of the seas and unimpeded lawful maritime commerce and to promote peaceful resolutions of disputes, in accordance with universally recognised principles of international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
The two sides agreed to further strengthen ASEAN-India cooperation on maritime safety and security, promote cooperation in a Blue Economy and develop new and renewable energy including marine-based renewable energy, among others.
The Association of Southeast Asian Nations (ASEAN) is considered one of the most influential groupings in the region, and India and several other countries including the US, China, Japan and Australia are its dialogue partners.
ASEAN-India dialogue relations started with the establishment of a sectoral partnership in 1992.
This graduated to a full dialogue partnership in December 1995 and a summit-level partnership in 2002. The ties were elevated to a strategic partnership in 2012.
What is ASEAN?

On 8 August 1967, five leaders – the Foreign Ministers of Indonesia, Malaysia, the Philippines, Singapore and Thailand – came together in Bangkok.
Thailand was brokering some disputes among Malaysia, Indonesia and the Philippines, and it eventually led to the signing of a document.
The five Foreign Ministers who signed it – Adam Malik of Indonesia, Narciso R. Ramos of the Philippines, Tun Abdul Razak of Malaysia, S. Rajaratnam of Singapore, and Thanat Khoman of Thailand – would subsequently be hailed as the Founding Fathers of probably the most successful inter-governmental organisation in the developing world today. And the document that they signed would be known as the ASEAN Declaration.
The ASEAN Declaration signed by the five leaders conveyed the aspiration to further regional cooperation. These were about cooperation in the economic, social, cultural, technical, educational and other fields, and in the promotion of regional peace and stability and adherence to the principles of the United Nations Charter.
Its major pillars that help lay out a blueprint for cooperation are Political-Security Community (APSC), Economic Community (AEC) and Socio-Cultural Community (ASCC).

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