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1. Sex and violence: On the judiciary, Indians and marriage
Context: The Chhattisgarh High Court recently acquitted a man convicted of sexual violence against his wife, citing marital consent and relying on Exception II of Section 375 of the IPC, which does not recognize marital rape as an offence. This ruling has reignited debates on the need to criminalize marital rape in India, where legal ambiguity persists despite growing awareness of domestic violence. The Supreme Court has deferred hearings on the issue, and the government has expressed concerns about its impact on marriage. However, data from NFHS-5 (2019-2021) highlight widespread spousal violence, underscoring the need for legal and societal change.
Key Points:
- Chhattisgarh High Court Ruling (2025): Acquitted a man convicted of sexual violence against his wife, citing the presumption of consent in marriage.
- IPC Section 375 Exception II: Marital rape is not recognized as an offence unless the wife is under 18 (as per Independent Thought vs Union of India case, 2017).
- Marital Rape Debate: Supreme Court deferred hearings (Oct 2024) on pleas to criminalize marital rape; government argues it could “undermine marriage.”
- NFHS-5 Data (2019-2021): 32% of married women (18-49 years) have faced spousal violence; most do not seek help.
- Legal and Constitutional Concerns: Conflict between personal laws and constitutional rights (life, liberty, dignity, equality).
- Need for Legislative Reform: India remains one of the few countries where marital rape is not criminalized, requiring urgent legal and social intervention.
2. Transactional turn: On India and the new U.S. administration
Context: Prime Minister Narendra Modi’s visit to Washington under the new U.S. administration led by President Donald Trump focused on economic and strategic partnerships. The discussions emphasized trade, defence cooperation, and emerging technologies, with key initiatives like Mission 500 (targeting $500 billion in trade by 2030), the COMPACT framework for military and commerce cooperation, and the rebranded TRUST initiative for technology collaboration. While positive optics reinforced strong ties, the visit also signaled a transactional shift in India-U.S. relations, with challenges such as trade imbalances, counter-tariffs, and immigration policies requiring careful navigation by India.
Key Points:
- Modi-Trump Meeting (2025): Fourth world leader to meet Trump post-inauguration; discussions on trade, defence, and technology.
- Mission 500: Goal of achieving $500 billion in bilateral trade by 2030; talks on a Free Trade Agreement initiated.
- Energy and Defence Deals: Increased Indian purchases of U.S. oil, energy, and military equipment to address trade imbalance.
- COMPACT Framework: Catalyzing Opportunities for Military Partnership, Accelerated Commerce & Technology to enhance cooperation.
- TRUST Initiative: Successor to iCET, focusing on semiconductors, quantum computing, and AI; AI infrastructure roadmap in progress.
- Extradition of Tahawwur Rana: Trump approved extradition of a key accused in the 26/11 attacks to India.
- Indo-Pacific and Quad: Continued strategic alignment; Trump to visit India for Quad Summit later in 2025.
- Challenges in Trade and Immigration: Issues like counter-tariffs, reciprocal taxes, and undocumented immigrant deportations remain unresolved.
- Transactional Shift: India-U.S. relations taking a deal-centric approach, requiring India to assert and safeguard its strategic interests.
3. The silent crisis of rat-hole mining
Context: The persistence of illegal rat-hole mining in Assam and Meghalaya, despite a National Green Tribunal (NGT) ban in 2014 and a Supreme Court ruling in 2019, highlights regulatory failure. The recent mine flooding in Umrangso, Assam, which killed at least four workers, underscores the dangers of this practice. The mining method, driven by industrial demand, involves hazardous narrow tunnels, often employing migrant laborers and even trafficked children. Despite legal prohibitions, weak enforcement, political interests, and economic incentives sustain illegal operations. The Gauhati High Court’s suo motu intervention offers hope, but sustained legal and policy reforms are necessary to prevent further tragedies.
Key Points:
- Rat-Hole Mining Tragedy (2025): Umrangso mine flooding in Assam on January 6 trapped nine laborers, killing at least four; part of recurring mining accidents.
- Illegal Mining Methods: Rat-hole mining involves side-cutting along hill slopes or box-cutting up to 400 feet deep, creating unsafe tunnel networks.
- NGT Ban (2014) & Supreme Court Ruling (2019): Mining was prohibited due to environmental hazards and unsafe conditions, yet enforcement remains weak.
- Political & Economic Factors: State governments, under pressure from coal mafias and politicians, attempt to bypass national laws; Meghalaya sought exemption under Schedule 6, Paragraph 12A(b).
- Failure of Law Enforcement: Assam and Meghalaya have not enforced State-level laws under Section 23C of the MMDR Act to prevent illegal mining.
- Constitutional & Legal Violations: Illegal mining threatens Article 21 (Right to Life); judicial intervention is necessary to ensure accountability.
- Possible Solutions:
- Criminalizing rat-hole mining under the MMDR Act with stricter penalties.
- State-specific regulations under Section 23C to close legal loopholes.
- Promoting alternative livelihoods (e.g., eco-tourism) for mining-dependent communities.
- Implementing satellite-based monitoring and digital surveillance to track illegal operations.
- Strengthening local governance through the Forest Rights Act, 2006, to ensure community consent for mining projects.
4. The panchayati raj movement is in distress
The Panchayati Raj system, established by the 73rd Constitutional Amendment in 1992, aimed to strengthen grassroots democracy in India by institutionalizing local governance. However, over the years, its effectiveness has significantly declined due to various systemic challenges.
Challenges Facing the Panchayati Raj System
- Stagnation in Administrative Decentralization
- While initial reforms facilitated devolution of powers, only 20% of states have fully devolved the 29 subjects listed in the Eleventh Schedule of the Constitution.
- States hesitate to delegate administrative control and transfer staff to local bodies.
- Declining Fiscal Autonomy
- Although financial transfers to Panchayats increased (₹1.45 lakh crore in 2010-15 to ₹2.36 lakh crore in 2021-26), untied grants have reduced from 85% to 60%, limiting decision-making power.
- The central government’s direct control over funds weakens local governance.
- Shift Towards Centralized Welfare Programs
- The rise of direct benefit transfers (DBTs) through the Jan Dhan-Aadhaar-Mobile (JAM) platform has bypassed Panchayati Raj Institutions (PRIs).
- Schemes like PM-KISAN transfer funds directly to beneficiaries, reducing Panchayats’ role in local welfare distribution and accountability.
- Impact of Urbanization
- India’s rural population has declined from 75% in 1990 to 60% today, shifting development focus toward urban governance.
- Municipal governance and urban reforms receive higher policy priority, sidelining rural local bodies.
The Way Forward: Reviving Panchayati Raj Institutions
- Strengthening Devolution of Powers
- State governments must transfer full administrative control over the 29 subjects listed in the Eleventh Schedule.
- Ensure local bodies have adequate staff and decision-making authority.
- Enhancing Fiscal Independence
- Increase the share of untied grants, allowing Panchayats to allocate funds based on local needs.
- Enable Panchayats to generate their own revenue through local taxation and other means.
- Reintegrating Panchayats in Welfare Implementation
- PRIs should play a role in beneficiary selection, grievance redressal, and implementation of welfare schemes.
- Strengthen Gram Sabhas to improve local governance accountability.
- Harnessing Technology for Better Governance
- Use digital platforms to enable citizen participation in local governance.
- Promote smart governance initiatives to enhance planning, monitoring, and service delivery.
- Panchayats as Catalysts for Sustainable Development
- Empower PRIs in water conservation, renewable energy projects, and disaster management.
- Encourage community-led management of natural resources and climate resilience programs.
Conclusion
The Panchayati Raj system remains a crucial pillar of India’s governance structure. However, its role has been diminished due to policy neglect, reduced financial independence, and urban-centric development approaches. A revitalized Panchayati Raj movement is essential for ensuring inclusive, participatory, and sustainable rural development in India.
Disclaimer:
This analysis is based on the editorial content published in The Hindu and is intended solely for informational and educational purposes. The views, opinions, and interpretations expressed herein are those of the author of original article. Readers are encouraged to refer to the original article for complete context and to exercise their own judgment while interpreting the analysis. The analysis does not constitute professional advice or endorsement of any political, economic, or social perspective.
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