Monday, December 25, 2023

India is the Mother of Democracy. Right or Wrong?


Is India the Mother of Democracy?


What is democracy?

1.Democracy is the form of government which is governed by the people, for the people and of the people. This definition is given by the U.S. President Abraham Lincoln. 

2.According to P. B. Shelley, democracy is a form of government in which everyone has a share. It means the people have a share in the governance and the economic resources of the country. It also implies that there must be equitable distribution of resources among the people of a country.

3. According to United Nations Human Right commission,  the essential features of democracy are 

  • Holding of periodic free and fair elections by universal suffrage and by secret ballot to determine the will of the people.

  • Respect for fundamental freedom of expression and opinion.

  • Respect for Human rights 

  • A pluralistic system of political parties and organisations

4.The evolution of the modern concept of democracy and its development are linked to two important revolutions. They are the American revolution (1776) and the French revolution (1789). The American revolution was the harbinger of constitutionalism and the government based upon the free and voluntary consent of all people. The French revolution reinforced the principle of popular sovereignty, the universal manhood suffrage and the idea of liberty, equality and fraternity. 

5.In Athens, universal suffrage was not the norm. Only elite adult males with Athenian parentage on both sides were considered citizens eligible to vote. Women and slaves were disqualified. 


Republics of ancient India 600 BC to 400 AD

1.We have no direct evidence regarding the Indus state. We do not have evidence to suggest as to what kind of government was being run by the Indus people. Some scholars argue that the government was run by a class of merchants while some others contend that the Government was run by the priest. 

2.In the Vedic Period, Sabha and Samiti were two powerful and popular assemblies to assist and advise the king. The king was hereditary. However, his power was very much limited because of the popular influence of Sabha, a council of elders and Samiti, an elected body. But in Vedic period, the state was not republic because the head of the government was not elected. 

Later on, the Gana and Sangha are cited as the two popular examples of ancient democracy. They have been translated as republic, oligarchy, democracy and confederacy. These tribal republics existed between 500 BC to 400 AD. 

3.The important ancient republics were

  • The Shakyas of Kapilvastu

  • The Licchavis of Vaishali

  • The Mallas of Pava

  • The Mallas of Kusinara

  • The Koliya of Ramgram

  • The Bhagya of Sun-Samagri

  • The Mauryas of Piphalaivana 

  • The Kalama of Suputa

  • The Videhas of Mithila

4.In the Republics, the real power lay in the hands of Tribal oligarchies. In the Republics of Sakyas and Licchavis the ruling class belonged to the same clan and same varna. In the case of Licchavis of Vaishali, 7707 Raja (King) sat in the assembly hall. Slaves and hired labourers were not made the part of these assemblies in the republics of areas lying around the Beas river in Punjab, membership was restricted to those who could supply at least one elephant to Raja. Each Raja maintained his own store house and apparatus of administration. They have a separate regular army.  Although Brahmins exercised great power in monarchies, they have no place in the early republics. The republic functioned under the leadership of oligarchies assemblies. Thus, the people in the republic did not share political power equally. 

5.According to A. S. Altekar, these tribal oligarchies flourished as long as there was harmony and concord among the members of their assemblies. These members were generally the senior elite males within the tribe. They were not elected, instead they were selected on the basis of their popularity and social prestige. Within these assemblies various subgroups formed which would often come in conflict with each other and that led to their downfall. Moreover, the rising power of Magadh destroyed the republican states of ancient India. Chandragupta Maurya conquered all these states one by one. 

6.After the downfall of the Mauryan Empire, Republican states again sprang up in western India. The important republics in the post Mauryan period were the Malavas, the Arjunayans, the Yodheys and the Madrakas. These republics were defeated by Sakas and thereafter by the Guptas. 


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Was the Republics of ancient India the epitome of democracy of democratic spirit?

It is clear from the above discussion that the governance of the ancient republics of India was vastly different from the democracy which is being understood and conceptualised these days. The republics of ancient India lacked many of the essential features by which modern day democracy functions. It is clear that in the ancient republic of India there was limited participation in the decision making process. There was no universal adult suffrage. Instead it was the group of elites that ultimately held political power. 


Conclusion

The republics of ancient India were virtually the tribal oligarchies. These were run by a selected few prestigious and high class varnas. In most of the cases, it was Kshatriyas who ruled republics. Brahmins, slaves, hired labourers and lower varnas had no role in the decision making process of republics. Since, the decision making process was very much limited, the ancient republics can not be construed as democracy or proto democratic government. Thus it is wrong to say that India was the mother of democracy. The Nationalist historians claimed India as the cradle of democracy to instil nationalistic feelings and glorious past among the subjugated people who were seething with discontents and difficulties during the British rule.    


Friday, December 22, 2023

Why are the incidents of divorce increasing in India?

Why are the incidents of divorce increasing in India?

1.Why are divorce cases in the news?

1.In 2022, 11.4 lakh cases were pending in family courts across the country.

2.There are 715 family courts in the country in 26 states and union territories.

3.In the Indore family court, 8400 cases are pending out of which 5500 cases are related to divorce. Out of these, 3000 divorce cases have been filed by those couples who had been married within one year.

4.The data shows that the incidents of divorce are increasing with every passing year. While in 2018 there were 2250 divorce cases filed in the family court of Indore, it rose to 2723 cases in 2022. In most of the cases, it has been observed that the main reasons for filing divorce petitions are lack of compatibility, intolerance, distrust, clash of egos  etc.


2.What is divorce?

1.Divorce is a legal dissolution of a marriage by court or other competent body. This is the end of the conjugal life. The divorce petition can be filed by either of the spouses only after the lapse of one year of their marriage.


3.Difference between divorce and judicial separation

1.Divorce is the dissolution of marriage and it brings to an end marital rights and obligations between the parties. In judicial separation, the rights and obligations of the parties to marriage are suspended temporarily and marital relationship between the parties does not come to an end.

2.In case of divorce, the parties can remarry after a period of appeal has passed. In case of judicial separation, the parties can not marry unless a decree of divorce is obtained as provided in section 13 of Hindu marriage act.

3. If the parties resort to cohabitation during the course of divorce, there would be no effect on a decree of divorce. If the parties resort to cohabitation during the course of judicial separation, the effect of decree would be neutralised. 


4.Grounds of divorce among Hindus, Muslims and Parsis

1.Hindus, Muslims, Christians and Parsis are governed under separate marriage acts and so the  grounds for divorce are also different for different religious communities. 

2.Under the Hindu marriage act 1955,the grounds for divorce are 

  • Adultery 

  • Cruelty

  • Desertion for two years

  • Conversion 

  • Mental disorder or insanity

  • Leprosy

  • Venereal disease like AIDS or STD

  • Renunciation

  • Not heard alive for 7 years 

  • Non-resumption of cohabitation for one year and the husband neglects the judgement of maintenance awarded to the wife by the court, the wife can file a divorce petition  against her husband.

3.In addition, a girl can file a divorce petition if she was married before the age of 15 years. A married woman can file a divorce petition against her husband if her husband has indulged in rape, bestiality and sodomy. 

4.A wife can also seek divorce from her husband if she has a reason to believe that her husband has married another woman. 

5.Grounds for divorce under Parsi marriage and divorce act 1936

  • Continuous absence of 7 years

  • Non-consummation of marriage within one year

  • Unsound mind

  • Pregnancy by some other man

  • Adultery, bigamy, fornication, rape or any other type of perverse sexual acts 

  • Act of cruelty 

  • Suffering venereal disease 

  • Forcing the wife into prostitution

  • Sentenced to prison for 7 years or more

  • Desertion for two or more years

  • Non-resumption of cohabitation after passing an order of maintenance 

  • A decree of judicial separation

6.Grounds for divorce under the dissolution of Muslim marriage act 1939

A Muslim woman can seek divorce on the following grounds in India 

  • The whereabouts of the husband are unknown for four years 

  • The husband has failed to provide maintenance to the wife for at least two years.

  • The husband has been under imprisonment for 7 of more years

  • The husband is unable to meet the marital obligations

  • If the girl is married before 15 years and decides to end the relationship before she turns 18 years.

  • Husband indulges in the acts of cruelty

7.Grounds for divorce among Christians

  • Adultery

  • The person has ceased to be a Christian by converting to an another religion

  • Unsound mind

  • Suffering from leprosy 

  • The person has not been heard for a period of 7 years

  • The person has wilfully refused to consummate the marriage for a long period.

  • Desertion for two years

  • Cruelty to wife 

  • Failure to comply with a decree for restitution of conjugal rights

  • The woman can also file the petition against her husband if the husband is guilty of rape, sodomy or bestiality.

8.Divorce by mutual consent

  • The high court of Karnataka has ruled that under section 13 B of the Hindu marriage act, 1955 the courts are required to allow 18 months to lapse from the filing of a plea for divorce through mutual consent before deciding on the divorce case.


5.The scenarios of divorce in India and important countries of the world.

1.Divorce rate in India ranks the lowest among all countries in the world. Only one out of hundred marriages in India end up in divorce while in the USA 50% of marriages turn into break ups. The following figure gives an idea about the divorce rate of different countries of the world. 

2.Sweden -54.9%, USA-54.8%, Russia-43.3%, UK-42.6%, Germany-39.4%, Singapore-17.2%, Japan-1.9%, Sri Lanka-1.5%, India-1.1%.

3.The divorce rate in India is steadily increasing year by year. It is estimated that the number of divorces has more than doubled for the last two decades.

4.The rate of divorce in urban cities like Delhi, Mumbai and Bengaluru is more than 30%. 

5.States like UP, Bihar, Haryana, Rajasthan which are known for patriarchal societies, have relatively low divorce and separation rates but in the north Eastern regions, the divorce rate is increasing.

6.Maharashtra has higher incidences of divorce cases which is 18.7%. The top ten states having more divorce cases are mentioned below.







7.People from the age group of 20-35 are searching for divorce the most and females between the age group of 20-35, 56.2% seek divorce.



 6.Why are the incidents of divorce are increasing in India?

  • Lack of communication

  • Financial problem in the family

  • Emotional break down of relationship

  • Lack of trust

  • Different value system

  • Insecurity

  • Wanting to be independent

  • Erratic work schedule

  • Alcohol and smoking

  • Depression 

  • The empowerment of women in urban areas

  • Awareness of various rights given to women

  • Gender equality often provokes ego clashes between husband and wife.

  • The most literate state Kerala witnessed  the increase of divorce rate by 350% in the last ten years. Punjab and Haryana have witnessed an increase of 150% divorce rate since the last decade. Similarly, in the last four years the divorce rate has doubled in Delhi.


7.How to mitigate the frequency of divorce cases in India

  • Be faithful to your partner

  • Accept changes in society

  • Communicate with your wife but not to dominate her

  • Relation should be based upon mutual respect for each other 

  • Understand the problems of your partner

  • Guidance and counselling 

  • Consulting elders who have been in marriage for long time

  • Leaving aside the shortcomings of your partner

  • Strive for stability of economic resources and sustainability by saving up


8.Conclusion

  • Divorce is no longer seen as stigma 

  • This is the process to reclaim personal freedom for women and charting out a new course of life.  

  • The value system among youths towards marriage and family life is fast changing.


Wednesday, June 7, 2023

Can a Man be raped by woman?

 क्या पुरुष का भी बलात्कार होता है ? | Can a Man be raped by woman?



Why is it in the news?
  1. Last year in 2022, four women raped a man at Jalandhar.

  2. Delhi based center of civil society found that about 18% of Indian adult men reported by coerced or forced to have sex. Of those 16% claimed a female perpetrator and 2% male perpetrator. 

  3. The incident of rape of man by woman is unreported in India because in a patriarchal society like us people do not take it seriously.

  4. It is estimated that approximately 1 in 6 men were sexually abused as children.

  5. Rape is thought to be a crime committed solely against women.

  6. Men often do not report about sexual assault upon him by a woman because they are afraid that in case of reporting people will doubt their sexual orientation and label them homosexual. So, most of the time male victims try to conceal the rape on him.

  7. It has been estimated in America that 10.5% men were raped by females.


What is rape?

  1. In India, rape is always committed on female by male u/s 375 IPC when the sexual intercourse has been done against the will of the women, against her consent, and when consent has been obtained under threat of death or hurt or when her consent has been obtained by misrepresentation or when consent has been obtained by intoxicating her.

  2. In India a rape will be committed when a girl is under 16 years of age and consent will be not applicable.

  3. However, women is married to the man the act is not considered as rape whether or not she has consented. Only exception is that the wife must not be under 16 years of age or the couple is separated.

What is the law of rape on man by woman in India?

    1. There is no such law for rape on adult man by woman in India

    2. However, under POCSO (Prevention of Children from Sexual offences),         there is a provision of gender neutrality. The irrespective of the gender                 whether boys or girls below 18 years, if they are sexually abused or exploited     or raped, the victim can file case against the accused under POSCO act

    3. In case of rape of man by woman there is no legal provision in India. At best     the offender can be prosecuted u/s 374 for unlawful compulsory labour. This         act punishes the offender for 1 year or with fine or with both if the accused         unlawfully compels any person to labour against the will of that person.

    4. The offence is cognizable, bailable, non compoundable and triable by any             magistrate.


Effects upon male victim

    1. The victim suffers from tension, headache, colitis, black eyes and soft             tissue injury and laceration.

    2. Social stigma upon male victim

    3.Post traumatic stress disorder 

    4. Male victims fear being labelled as homosexual or bisexual.

    5. Depression

    6. Alcoholism and drug abuse

    7. Suicidal thoughts

    8. Problems in intimate relationship

    9. Sense of being an inadequate man

    10. Sense of lost power and confidence

    11. The male victim needs extensive emotional and psychological healing             after the rape by female


Conclusion

    1. Like gender neutral law of POCSO, the rape law should also be made             gender neutral. 

    2. Since, Indian society particularly in metropolitan cities is changing fast and     because of the educational advancement among women, they have occupied     positions of authority in different departments, public sectors and private             sectors.

   3. Since, large number of women have occupied high positions in society ,             they are in the position to dominate or govern the will of her male                         subordinates and so sexual abuses or exploitation or rape by her on male         subordinates can not be ruled out

    4. Since, most of the developed countries in the world like US and UK                 amended the rape laws and made it gender neutral, it is incumbent upon the     Parliament in India to make rape law as gender neutral.

    5. Several PILs for making rape laws gender neutral filed in the Supreme             court were rejected. The judges contended that they could not amend the             IPC. It is the prerogative of the parliament to amend the rape laws.

    6. The myth that man can not be raped or sexually assaulted does not hold         water. The idea that man should be able to defend himself against attack             depends upon the different situation.

    7. Any man can be sexually assaulted regardless of size, strength,                         appearance, age, occupation or sexual identity.





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