To the Husband or a stranger, No means No.

Sex is not a taboo in Indian society from ancient times. But, when it comes to modern day social perspectives, it shook the morality of indians in diverse dimensions because of the huge imprints of patriarchy. Our legal system is also not devoid of this reflections.

Recently published National family health survey, points that 1 in 3 women in india suffered spousal abuses either sexually or physically. The form of sexual violence commonly reported is the use of physical force to have sexual intercourse when the wife did not want to (5%). Although this is a form of rape, this was not considered as crime in the law books, so the word Marital rape is deemed to be strange in indian legal system. Another noteworthy figure is that in the cases of sexual violence to a married women, their husband is the perpetrator in 82% of the cases. Such a bad experience to a married women from a stranger is just 0.2%. This clearly shows that Indian women are sexually exploited or raped by their own husband not uncommonly.

From where men earn such an authority.? There are two aspects to answer this question. Firstly, the concept of coverture. It means that upon on marriage, a woman surrendered her agency to her husband, including when it comes to consent for sexual intercourse. Secondly, there is a traditional beleive that the purpose of her womanhood is to please her husband sexually. Even though, both of these ideas are strictly patriarchal, indian family system still uphold such values even today.

Rape is defined in section 375 of Indian penal cide..However, the section rules out marital rape (Exception 2 of Section 375). "Sexual relations or sexual intercourse by a male partner with his own wife could not be considered rape if his wife is not a minor i.e under the age of eighteen." This debarring mainly gives a "husband" a marital authority to engage in consensual or non-consensual sexual acts with his "wife" with legal authorisation. Legal fight against this exclusion had started decades before, and Law commission had also proposed reforms in this regard way back in 2000, but the amendments in this regard were not accepted in the parliamentary panel in 2013. The legislatures, including the then minister Murshid Paradhibhai chaudhary (2015) opined that such an amendment that criminalise marital rape will shook the society since the marriage is treated as a sacrament or sacred in indian society. In 2017, the then Home minister Krishna ray also expressed that the entire family system will be under great stress if marital rape is brought under the law.

As the Parliament couldn't come up with a legal framework to criminalise marital rape, judiciary had come up with some progressive observations and commendable judgment in this regard. In Nimeshbhai Bharatbhai Desai v. State of Gujarat (2018). It explained that "dehumanised treatment of women will not be considered acceptable. By giving judgement on adultery Justice D Y Chandrachud expressed that "the freedom to say NO exists after the marriage as well." In 2021 Kerala highcourt observed that the marital rape is a valid ground for divorce. Recently pronounced verdict on unmarried women's Right to free and safe abortion upto 24 weeks of pregnancy also strictly mentioned about Marital rape. This judgement clearly uphold the right of married and unmarried women to access abortion and included Marital rape under the purview of sexual assault that qualifies a women to subject herself for abortion. Despite the fact that most of the developed countries have criminalised marital rape, India is still one among the 38 countries where a husband can rape his wife without any legal scrutiny.

Marital rape exception violates fundamental rights of a married women is manifestly clear. India should take the steps to criminalise this practice without upholding the patriarchal social values in this modern world. The legal safeguards for a men who may subject to false accusations should be also considered while framing legislations on these issues. So called sanctity of the marriage is only fulfilled when both subjects are absolutely honest to each other. If the victimisation, vengeance, violence, accusations and emotional torture are the things cooked up in the private space of a couple, the role of judiciary and legislature may only be a standing clown, but should try to be Just.

What Tourism means to India.

The writer Saint Augustine said " The world is a book, and those who do not travel read only few pages of it. " This words conveys the whole idea of travelling. Its the best choice to make one's life more interesting by learning and experiencing the differences. India, as a tourist destination is very fulfilling in this aspect of definition. It have mountains as well as deserts, cold deserts to hot desert, Rouf to kathakali, Panipuri to kappa and millions of lives and billions of stories. Integrating all these aspects, india can be a global hub of tourism in the coming years.

Tourism sector in india is very potential in so many other domains as well. It attracts the forex exchange and boost the prestige infront of international forums. Its one of the largest sector that provides massive employment opportunities also. Presently 12.75% of jobs in India are in tourism sector alone. India have 40 world heritage sites and so many soft powers like art forms and Ayurveda.

 Understanding all these potentials in the post covid era, Govt of india called for a meeting with all the govt stakeholders framed a policy for the upliftment of this sector and published Dharamshaala declaration as a blueprint of indian tourism. The govt has also trying so many appreciable initiatives in this regard. In 2019, the prime minister urged indians to visit atleast 15 Indian destinations if they can afford to understand, explore and to stimulate a sense of nationalism among the indians. Postcovid credit guarantee upto 5 lakh crores allotted to the tourism sector is also a commendable move from the govt to revive the glory of indian tourism. Recently, Tourism ministry along with ministry of external affairs have identified 20 nations were we have lots of foreign visits, to build country specific strategies with respect to tourism. As india hosts G20 summit in 2023, its considered as great opportunity to project our potentials to the global audience. Apart from G20 summit, India hosts around 200 international meetings. These chance has to be fruitfully nurtured in favour of tourism sector.

The estimates tells that there will be 15 million tourist arrivals in the year 2024, that brings 150 billion US dollar to our exchequer. By the year 2030, this figures are expected to rise upto 25 million tourist arrivals and 250 billion US dollars. By 2030, it is also estimated that tourism sector can provide 140 million jobs to indian citizens.  The National tourism policy recently drafted, considers tourism sector as an industry so that lots of Govt schemes will be also applicable in this sector. Other benefits like taxation reliefs are also addressed in the policy frameworks.

When we discuss on Govt initiatives, some existing schemes are worth mentioning. Swadesh darshan scheme launched in 2014 to integrate theme based tourism circuits is very remarkable. As india is having lots of religious faiths and customs, PRASHAD scheme ( National mission on pilgrimage rejuvenation and spiritual heritage augmentation drive) is very helpful for the promotion of believers in and around the world. Ek bharat sresht bharath programe, launched as a part of celebrating 140th birthday of Sardar vallab bhai patel, is very successfull in providing a sense of unity and integrity among the different states of india in the field of tourism. Under the program called Dekho Apna Desh, the govt is organising webinars, quizes, pledge, and discussions to keep people connected with stakeholders to encourage citizens to travel within the country. 'Adopt a village' initiative launched in 2017 is also a welcome move with the coordinated effort of Ministry of tourism, ministry of culture, different state governments, Union territories along with archeological survey of india. 'Destination North East, 2020 is an annual event of ministry of development of North east region. This event highlites various potential like eco tourism, culture, heritage and buisness of north eastern region.

Though there are lots of govt schemes that runs well, India can go miles more in tourism sector. Understanding our soft powers and targeted initiatives with joint support of respective state Govts can attract more national and international tourists. Medical tourism, digital tourism, spiritual tourism etc are having lots of scopes in this regard. If india uses its true potential, spirit, and marketing strategies, it can definitely become the world's favourite destination.

That's why i call Ayurveda Student a True Genius.

 

Ayurveda being a holistic ancient medical practice, still followed in India and abroad with varied forms and adaptations. The torchbearers of this antique lantern are those who practice it. 

When we thought of how this medical system still prevails in this world, we will arrive at the Genius power houses from where all these Ayurvedic practitioners are developed and fuelled. It's nowhere else than The Ayurvedic colleges. So, let us see THREE things that make an Ayurvedic Student a true Genius.

1) Vastness of the Syllabus.

Being an Ayurvedic student is like Hollywood Time-travel. They have to learn their Authentic texts that were written Ages ago at the same time have to have sound knowledge on Modern medical literature as well. To address this diverse academic curriculum, students have to have widespread reading ability, symbolically from Palm leaves to Wikipedia.

As a medical student, regardless of which medical system he/she have chosen, they will have some common Subjects like Anatomy, physiology, General medicines, and briefly Gynaecology, Obstetrics, Paediatrics, Ophthalmology, Forensic medicines etc. Apart from these modern subjects, Ayurvedic student's  study materials are quite unique and wide. It includes Indian Philosophical texts like Tharkasangraha, Authentic texts like Charaka samhitha, Susrutha samhitha and Ashtanga Hrdaya, having 8,6 and 6 bulky volumes. Other than that, Ayurvedic Rasasaastra is a separate subject on ancient chemical preparations. Dravyaguna Vigyan, a very vast subject that describes Medicinal plants,  are a great memory challenge for every Ayurvedic student. There are other authentic textbooks too as the subject matters gets widened and deepened.

2) Language Trio.

Ayurvedic texts are originally written in a dexterous Sanskrit language. Students who read it may deduce its meaning in their mother tongue and have to reproduce it in English for their Examinations. No other course in the world may challenge our Brains Wernicke's area better than Ayurvedic learning process. As these languages (Sanskrit, English, & Malayalam) are from different schools of Origin, it is very challenging for a student to spin their head on diverse grammar and vocabulary at a time back and forth.

3) Philosophy vs Science.

Philosophy starts from where the science ends. While we pursue knowledge, there will be a point where the scientific explanation can no longer extend. We may still need more and more substance to conclude. When such cluelessness masks our knowledge, when the proofs are no more evident, we start to explain things philosophically.Ayurveda students are destined to consume such an anorexic cocktail of science and philosophy. Since Medicine is proof-driven knowledge to which we can't apply apply philosophy, but Ayurveda makes its decent attempt in this regard.

So, In this game of bulky subjects,

With three different languages,

Matching Philosophy and Science,

Who else than a Genius can play it...?

Hijab and Democratic Constitutionalism

One of the widely circulated tweet in social media during the time of Karnataka school children's Hijab row is that "If its imposed, do away with it, and if its your right, fight for it." Not just Hijab, every religious practices when it comes to the constitutional scrutiny in india, will invite hot debates in the society. Supreme court as a final guardian of fundamental rights in india, will come under social auditing when it deals with such issues. In 2018-19, it was about entry of women into sabarimala, in 2022 it was about wearing Hijab in schools. Although these issue is in the whirl of theology, Fundamental rights, and philosophy, the constitutional courts have the responsibility to judge and the executive have their duty to curb violence.

In the state of Karnataka, courts intervened in the issue of wearing hijab as a part of school uniforms and Karnataka high court observed the tussle by providing three key opinions. It said that the use of Hijab is not an essential religious practice(ERP) and there is no substantive right to freedom of expression or privacy in a classroom. So, the Rights of no one is at stake here. The high court further added that the uniform rules in the school did not violate or discriminate either directly or indirectly against Muslim students.  So the court said that this rule from the school authorities cannot be considered as a violation of Article 14 ie Right to equality.

When we look at the mediaeval times to understand the Purdah system, this practice of keeping women in seclusion and asking them to veil their faces in presence of outsiders, was widespread among upper class women. The practice of secluding women from vulgar gaze was practised among upper-class Hindus and was also in vogue in ancient Iran, Greece, etc.. The Arabs and Turks adopted this custom and brought to India with them. And, growth of Purdah has been attributed to the fear of Hindu women being captured by the invaders. In the age of violence, women were liable to be treated as prizes of war. Perhaps, the most important factor for the growth of Purdah was social. It became a symbol of upper classes in society and all those who wanted to be considered respectable tried to copy it. Also religious justifications became prevalent after these era, in India.

From the time of the autocratic monarchs with religious sanctions, India now became a sovereign nation with it's own secular constitution. As we follow positive secularism, the state shall interfere in religious affairs without favouring or discriminating any religion in particular. Article 25 of the indian Constitution guarantees the freedom of religion, freedom of conscience, and the freedom to profess, practice and propagate religion. Even though the freedom of conscience is absolute, the remaining religious freedoms are qualified fundamental rights, which means, these can be restricted by the state on the basis of public order, morality, health and other provisions mentioned in part 3. 

Further, The state can exercise these reasonable restrictions for the secular practices within the religion. If anything that is purely religious, or considered as the core ideals of that particular religion, the state don't have any role to comment on it. To determine what is a secular practice and what is a religious practice, the Supreme court has come up with a concept of "Essential Religious Practice Doctrine " in Shirur Mutt case , 1954. The court has stipulated some criteria to differentiate secular and religious practice in the verdict of this case and this is what we follow to scrutinise majority of the religious issues when it matches with the values of constitution.

With the Principles of ERP, the Supreme Court has arrived at some landmark judgment in Temple entry case , 1958( "Untouchability is not an essential part of Hindu religion.") and in Ismail farooqui case 1994,( "Mosque is not an essential part of Islam ") . 

As the question whether hijab is essential part of Islam or not, is question that's yet to be answered by the court under this principles of ERP and the 'doctrine of Eminent Domain' ( Ismail farooqui case). Meantime, the constitutional experts have come across with some another arguments to question the authority of the courts to judge upon the religious affairs. They opines that the entire concepts of ERP is flawed, and the urge the courts to step out from the religious tenets. This argument from the Constitutional experts may not be taken seriously by the court as the Supreme court is smart enough to keep it's authority Supreme at any cost. 

Dilemma here in this case is that If Hijab is to be considered as an essential religious practice, the court should be understood that this is widely practised. But in fact it's not. Secondly of Hijab is essential, it's may have to consider as imposition. And if it's an imposition, it cannot be considered as a choice of Muslim women. The matter of fact is that some people consider it as essential and some others not. As the judgment of the court is not with respect to the public will, Hijab will be a tough veil that covers up lots of liberal ideas.

Another important pointer in this regard is the Principle of 'Reasonable Inclusion'. This is the best possible conclusion to which one can arrive at this point. It goes on to say that even if the state can restrict ones choice on the basis of reasonableness, the ultimate aim of the state should be,not to exclude someone, but to include them. Here, ultimate aim is the education of the girl children, so the court is expected to arrive at an amicable solution by allowing Hijab as a part of the uniform and to uphold the value of education than the religious radicalism.

Gender pay gap, a serious socioeconomic issue.

 

As the UN observes International Equal Pay Day, on September 18th, it brings about the issues women are facing with respect to their wage, disproportionate with men.

Traditionally, men are deemed to be superior and most of the societies are patriarchal in nature. Men represents more in every spheres of economic, political and social aspects where as women are considered merely as care takers. This concept of social orientation, are imprinted deeply through various unwritten laws, and even with some religious interpretations. But every country will witness a phase of social and economic transformation, that will pave way for some progressive changes in line with the demand of those who were suppressed.

India, when it implemented its LPG reforms in 1991, underwent such a progressive change and the women were uplifted to the forefront in education and employment sector as the privatisation created alot of employment opportunities. From the time, women became a Major part of the labour force, the demand for gender parity in remuneration came in discussion, and still going on with so many areas unaddressed and unsolved. Post covid era, brought women into more crisis as so many of them lost their job more often than men. Although the unemployment crisis is very alarming in india, women hurt more than men comparatively in terms of job loss.After, the lockdowns and when the economy started to run again, so many of the job oppurtunities of women were also taken away by men worldwide. This is evident fron the Global wage report 2020-21 published by ILO, highliting that covid 19 pandemic disproportionately effected womens total wages compared to men.

When we look at statistics of India, the findings are too shocking. In 1993-1994, indian women earned 48% less compared to their female counterpart. This figure became 28% jn 2018-19, and that was a positive change as the women empowered with education reached to a level to demand the salary in par with men.  But unfortunately, this positive change got the blow by 2020-2021 as it reached again upto 35%. This data published in labour force survey by National statistics Organization, clearely picturise the fact that parity in wage is still a lacuna in indian employments.

As this trend is a global phenomenon, there are some commendable initiatives in international level to address this issue. United nations Sustainable development Goal 5 talks about Gender Equality. International labour organization (ILO) has included the concept of 'Equal pay for Equal works of Equal values ' in their constitution. In the Convention on elimination of all forms of discrimination against women, it provides an international legal framework for realising gender equality and addressing the intersecting forms of discrimination and vulnerabilities among women and girls. Although these international laws are there, its actual implementation rests upon the respective governments.

India also have constitutional and legal provisions to assure the Equal pay for equal works and to counter gender based discriminations. Article 14,15 of indian constitution affirms the equality before law and equal protection of, at the same time, the latter prohibits the gender based discrimination and promote gender parity. Article 39(d) specifically talks about equal pay for equal works. Under fundamental duties on Article 51(a)(c), constitution says that every citizen has to renounce practices which are derogatory to the dignity of women.

Apart from such constitutional provisions, the Government of India enacted several laws like Minimum wage act 1948, Equal remuneration act, 1976 and recently the Govt has codified lots of labour related laws under code of wages, 2019. MGREGA scheme that provides employment in rural india, helps to reduce gender gap to a larger extend. Maternity benefit act, 1961 that allows leave with pay protection, from 12 weeks to 26 weeks in those establishments with 10 or more workers also is a pro women approach. Skill india mission to equip women with market relevant skills to bridge the learning to livelihood gap and gender pay gap.

Even though there are so many laws that assures equal pay for equal works without any gender biases, still this issue exist with prevalence because women are deemed to be ill equipped by the society. Women are not considered as a bread earner in a family and thus their financial independence is not considered as genuine. So, its time for to implement more steps to empower women, to crack the myths of patriarchy that have no place in a progressive society.

Biofuels, an alternative with its own concerns.

 

Biofuels are those fuels which are produced from biomass to meet the energy demand. It can be derived from plants, algae or animal wastes there by it not only considered for its superior environmental benefits but also is economically competitive with fossil fuels. India, as a country with great import dependence for fuel requirements, is looking forward to get expertise in this area to meet its energy needs along with an insight of pollution control.

Biodiesel and compressed biogas is also used in india for energy necessity in smaller scales. Biodiesel production was earlier from imported palm stearin oil, but the govt tries to substitute the raw material with domestic oil. CBG is also getting acceptance in india, in tandem with SATAT ( Sustainable Alternative  for affordable transportation ) scheme launched by the govt from 2018. Apart from such initiative Ethanol Blending Program ( EBP) is the most crucial one.

Ethanol blending is nothing but a process in which Petrol is blended with ethanol for the production of fuel so that our important dependence on crude oil can be minimised along with reduced pollution level. India had initiated ethanol blending program and launched so many steps in this field. It includes measures to increase indigenous production of ethanol from 2014. The govt has amended industries(developments and regulation )act, 1951 for assuring Govt's exclusive control over denatured ethanol. Reduction kf GST from 18% to 5% and Interest subvention scheme for enhancement and augmentation of ethanol production capacity by the department of food and public distribution system under Govt of India are also plays great role in the chain of ethanol blending.

When we look at the ethanol blending in India, we can find that it had rised from 38 crores litre in 2013-2014 to 188.6 crores of litres in 2018-2019. The average blend in these tenure was only 5% and it has risen upto 7% in the year 2019-2020. In the next year it was again increased to 10% and the country has kept its ethanol blending target upto 20% for the year 2030. To increase the production of ethanol, Govt has allowed cellulosic and lignocellulosic materials through petrochemical route. PM jai Indan Vatavaran Anukool Yojana was also launched for providing viability gap funding (VGF) for the stakeholders to have initial economic cushion.

Although the biofuel usage is great in so many aspects, it has its own concerns. New ethanol blending policy, as it includes food based livestocks, including straw rice, wheat and corn,it may effect the food security of the country. The production of biofuels need land to cultivate biofuel crops in large scale, this will definitely effect the pricing mechanism of food crops as well as cost of such biofuel also. As you may know, Rice, wheat and sugarcane absorb 80 % of irrigated water in india, the production is having severe impact on water resources. Other than all these huddles, people crave for petrol or diesel to enjoy the thrill of driving because of the engines efficiency and power. CBG, and electric vehicles are not reaching the way its expected because of the same reason. Biofuel also produce comparatively less energy than petrol.

Considering all these aspects, we can say that the production of biofuels is challenging in india despite if its positive outcomes. Our food crops and water intense crops are better to be kept away for the production of biofuels. If we prioritise and modify our cropping patterns, we can surely be one among the best in biofuel production with sound economic balance and environmental friendliness.

Indias Multilateralism and East world order.

 

Indian foreign policy has played a pivotal role in international affairs especially during the Nehruvian era. The concept of Non alignment (NAM) was the then considered the diplomatic need for India as a country which was dusting it off from the colonial atrocities during the cold war era. NAM was very significant from 1947 to 1964 during Nehruvian idealistic era, but it lost its glory during the realistic period of Indira Gandhi. As the geopolitics is highly complex in this globalised world order, the Shanghai corporation Organization summit starting fron 15th September is very important in so many domains. It will effect India's stand in Russia-ukrain conflict, upcoming Chinese party congress, flood reliefs for Pakistan etc.

Shanghai corporation organisation being the largest regional grouping that have 40% of the world population, including countries like China, india, Pakistan, Russia, Kazakistan, Kirghistan, Tajikistan and Uzbekistan. Belarus and mongolia have observer status in it and for the time being Armenia, Azerbaijan, Turkey and Turkmenistan were invited as guests to summit 2022. The significance of this grouping and indias role in this is huge and critical. India is the country who can bridge the gap between groupings like SCO, and BRICS with QUAD, I2U2, and Indo Pacific Economic frameworks.

As the period of NAM got expired india is finding its own strategies of foreign policy, that comes up with the phrase Multilateralism. From Non alignment to All alignment india has made its position clear in so many recent diplomatic interventions. Infact prime minister had not participated in NAM meetings recently but going to meet at SCO summit is a clear expression of India's new way of diplomacy.

Some of India's recent polices are very commendable in this regard. Despite the US threat to import oil from Russia, india actually increased its import from 0.66 million tonnes in first quarters to 8.42 million tonnes in the second quarters. Despite the Doklam issues and ladakh stand off, india and china kept their trade intact. The president of iran, Ebrahim raisi was so favourable to India as they both restored indian oil purchase despite the threat of US sanctions. The development of chabahar port is also one of such key initiative by India.

Countries like china, pakistan, and Russia is now facing the international boycotts from western countries. China for covid 19 pandemic, Pakistan for terror financing and Russia for Ukrain invasion. Amidst all these crisis india is the only nation who can take a leading role in key decision makings in SCO platform that will be most sensible to the outside world.. In this regard, India's policy is perfect that she wont align with anybody specifically but will align with everybody equally. 

Freebies and Democracy in India.

 Freebie culture is very prevalent in indian politics, especially in states with regional political parties are at forefront. It may come to the people's hand in the form of TV, washing machines, cycles, Subsidies, free electricity, free water supply, loans, loan weavers etc. Some of such offers are fulfilled and some others not. The question is not about what all promises were hollow, and what all were realistic. The big question is whether this practice of freebie culture by itself is good or bad...These offers from the political parties could create great appeal among the public to win elections. Although it serves the purpose of people's welfare as its short term goal, it may get toxic to the roots of democracy in many ways in its long course. Recently, constitutional bodies like supreme court, and election commission have discussed this issue and RBI, Prime ministers office and some economists also criticised this practice, after considering its economic impact.

Infact, the reply given to the supreme court by Election commission of india in this regard is very interesting. EC says 'we cant clearly define freebies, so how can we take any actions against it..? This is exactly the reason why this practice can't be checked or regulated. One can say freebies as something given out for free without considering any particular merit. Its an irrational spending by the state, unfair to tax payers, and of course a financial burden on the state. But the concept of welfare can bypass all such arguments in a public domain.

Recently, a BJP leader named Aswini upadhyaya approached the Supreme court to check the legal validity of freebies and then the honorable court has called all stakeholders connected with it and asked for an amicable solution. While hearing the petition, supreme court opined that freebies are dangerous and it effects the spirit of democracy. At the same time,RBI's Report on state's finance, has disclosed the debt burdens of different states and it points out freebies as the main reason.

If we look at the statistics, we can see that in 2022 itself, there is such promises from the political parties worth one lakh crores rupees. This figures are well marked in the states like Andrapradesh, Punjab, Bihar, Tamilnadu etc.. When we look at debt to GDP ration state wise, its Punjab whose public debt is very alarming. In total, se freebies not just drain the public exchequer but also undermines the credit culture of our banking system. It distorts pricing mechanism if the freebies are given in the form of subsidies and also creates inflationary pressure when the money is pushed into circulation without any economic rationale. This populist practice is not actually a level playing field as the party in power can literally buy more voters and increase their vote bank. In that way, its boosting for the party in power, but donot make much leverage to the opposition parties. So, freebies are not so fair in tandem with the Democratic spirits.

If we can't strictly differentiate whats a freebies and what are welfare schemes, the best way to address this issue is by properly educating the public on how to exercise their rights to know from where all these money is coming. People must be enlightened to think that something is given without merit or not in the way of a targeted delivery, its simply drains the public wealth without creating anything in return except debt burden..