NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.
Society:
Q1. Is the urban culture displacing the traditionality of Indian society? Comment (10M)
Introduction
Urban culture can be defined as the ideas, customs and social behaviour of people living in an urban society. The urban culture is altogether different from the traditional feature of Indian society.
India is the second-largest urban system in the world with almost 11% of the total global urban population living in Indian cities.
Body:
Yes, urban culture is displacing the traditionality of Indian society;-
- Family; – The increasing migration coupled with financial independence has led to the breaking of joint families into nuclear ones.
- A nuclear family with parents and children have resulted due to migration.
- Individualism; – The western influence of individualism has led to an aspirational generation of youth.
- Thus, there is a lack of communal bonding which existed earlier.
- Marriage –; – As urban jobs are mostly centred around corporates office where there is a higher number of working hours and work stress which has resulted in a rift in one’s marriage life.
- For instance, it is very much evident from the increasing number of divorce cases and the extra-marital affairs reported.
- Fast food culture; – Urbanisation has led to the consumption of fast food where, junk food like pizzas, burgers, and pasta are the preferred choices of the youth today in India.
- Decreased affinity to caste and religion; – the public sphere is seeing increasing integration of people from different castes and religions as most sections of urban dwellers are most concerned about their economic and educational well-being.
- Quick-paced life coupled with high competition for resources in cities has led to a considerable blurring of caste and religious affiliations.
- Changing Inter-personnel relations;- Urbanisation has brought the following changes in interpersonal relations;-
- Gadgetisation; – the increased use of gadgets in urban areas has resulted in reduced interpersonal communication in public and private life.
- Declined authority of elderly people.
- Care of aged with family declined.
- Connectivity with extended kins has improved.
- Influence on Traditional knowledge; – use of traditional knowledge like theatre and indigenous knowledge systems like the use of turmeric for medicinal purposes etc. are fading away.
- Classical music, theatre arts, and puppetry have seen a decline.
- Women: – the traditional job for women in India was caring and fulfilling household responsibilities but due to the effects of urban culture their role is diversifying.
- Greater financial independence is translating into gender equality with the elimination of traditional gender roles.
- Since discriminatory practices against women were rooted in traditions, with the homogenization of culture, there is a protest against these practices.
- Urbanisation has also led to the feminization of Agriculture.
Urban culture strengthens the traditionality of Indian society.
- Cultural Fusion;- influence of urban culture has led to the fusion of traditional arts and culture of India, resulting in more diverse art and a wider reach of culture.
- For instance, the celebration of festivals like Holi, and Diwali.
- Preservation of caste and religion; – With education, awareness of political, social and educational rights etc., educated urbanites are identifying with their castes and religions with greater vigour than ever before.
- Economic upliftment of people, in certain cases, has strengthened caste identities and cemented the differences even further instead of removing them.
- Promotion of traditional knowledge; – Urbanisation has brought wider usage of technology which has led people to assimilate the knowledge provided by traditional knowledge into modern Science.
- Stereotyping; – the wider popularity of TV, and mass media has led to stereotyping of some roles.
- For instance, Indian TV serials stereotype the roles of women.
Conclusion
Thus, it would be wrong to presume that the traditionality of Indian society is being displaced by urban culture instead, it is making traditionality evolve into a new culture where both modernity and traditionality exist in cordial relation.
Q2. Should marital rape be criminalized in India? Give your arguments. How do such laws impact the institution of marriage? 15M
Introduction
Marital rape (or spousal rape) is an act in which one of the spouses indulges in sexual intercourse without the consent of the other.
Section 375 of the IPC dealing with rape makes an exception for such instances within marriages and holds that “sexual intercourse by a man with his own wife, the wife not being under 15 years of age. In Independent Thought vs Union of India (2017), the Supreme Court increased the age limit from 15 to 18 years.
Body:
Yes, it should be criminalized;-
- Violates Fundamental rights;- Article 14 of the Indian Constitution protects people’s right to equality, and marital rape violates that right of a married woman.
- Forced sexual cohabitation is also a violation of the fundamental right under Article 21.
- Conflicting with Sec 375;- Marital rape is in direct conflict with section 375 of the IPC. Specifically, section 375 intends to protect women and punishes those who violate them through inhumane acts.
- Section 375 cannot achieve its objective by exempting husbands from punishment since the consequences of rape are the same whether a woman is married or not.
- By creating two categories based on marital status, the exception of section 375 IPC immunises men from actions committed against their wives.
- Women’s dignity suppressed; A woman’s dignity is suppressed in the case of spousal rape if it is not criminalised, which would mean less value is placed on her dignity while she is married.
- It is the most heinous violation of a women’s bodily integrity.
- Against global practices;- According to the World Bank, there are at least 78 countries, including Nepal, that have legislation specifically criminalising marital rape.
- In 2013, the UN Committee on Elimination of Discrimination against Women (CEDAW) recommended that the Indian government should criminalize marital rape.
- Supreme court Judgements;- In the Joseph Shine Versus Union of India case (2018), Supreme Court decriminalised adultery as a crime, meaning the wife is no longer the property of her husband.
- Also in K.S. Puttaswamy’s case recognised the right to privacy as a fundamental right. An important aspect of privacy is decision-making privacy, particularly when it comes to decisions about one’s sexuality, procreation, or intimate relations.
- The JS Verma committee set up in the aftermath of nationwide protests over the December 16, 2012 gang rape case had also recommended the same.
- They deny married women equal protection of the laws guaranteed by the Indian constitution. It is an unjust yet not uncommon way to degrade and disempower women.
- Increased cases of domestic violence; – domestic violence against women increased significantly during the lockdown. In the case of domestic violence against women, the data shows a 79% increase from 2019.
- Lawmakers fail to understand that a marriage should not be viewed as a licence for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman.
No, it should not be criminalized;-
- Misuse of the law; – It is often cited observations of the SC and various HCs on growing misuse of Section 498A (harassment caused to a married woman by her husband and in-laws) of IPC.
- Anarchy in the family;- Justice Dipak Misra, the former Chief Justice of India, had argued that marital rape should not be regarded as a crime in India, as it will create anarchy in families, and our country relies on its family platform for its success of upholding family values.
- Against the institution of marriage; – The government defends the exception to marital rape in Independent Thought v. Union of India (2017) saying it is against the institution of marriage.
- More divorce cases; – Since India’s female literacy is less and women can be easily manipulated by their in-laws to misuse this law and husband’s family can be thus blackmailed. Kerala HC in its judgement 2017, argued that marital rape is good ground for divorce.
- Hard to prove; – The question is what evidence the courts will rely upon in such circumstances as there can be no lasting evidence in the case of sexual acts between a man and his own wife
- Difficult to define; -it is difficult to define a wife’s consent for intercourse and it can increase the cases of illegal affairs with someone else leading to the destabilisation of marriage.
- Unique diversity; – India has its own unique problems due to various factors like literacy, lack of financial empowerment of the majority of females, a mindset of the society, vast diversity, poverty, etc. and these should be considered carefully before criminalising marital rape
- Sanctity of marriage; – marriage is considered a sacred institution of mutual respect and socialization of two families together. Criminalising it will have a bad impression on society.
Impact of such law on the institution of marriage;-
Positive
- Respectful relation;- criminalising marital rape will create a respectful position between the partners and will bring attitudinal change.
- Right of women;- it will give protection to women’s right to make the decision regarding their intimate relations and also protection of women’s fundamental rights.
Negative
- Could lead to breaking down the institution of marriage; – it would lead to the breakdown of the institution of marriage with wives falsely accusing husbands. The argument also extends to both parties in a relationship trying to be “legally careful” in the normal course of marriage should such allegations come up.
- Most women, especially those who are illiterate or live in rural areas might not benefit from it due to a lack of awareness and the fear of further violence from their husband’s family.
- Considering the long period of litigation in India children will have to face the music of a disharmonious family.
- More divorce cases
Conclusion
Marital rape is not completely criminalized in India. It certainly is a genuine type of wrongdoing against women and deserves of government’s consideration. Instead of just seeking legal reforms “Moral and social awareness” plays a vital role in stopping such an act.
Ethics:
1. “Indian society continues to reinforce narrow values and beliefs that certain sections are inferior despite the best efforts to prevent this since independence”. Examine the reasons for this situation. (10M)
Introduction
Despite a touch of modernity and legal laws banning social discrimination, social-class stereotypes continue in India. This perpetuates the idea of the superiority of certain sections in terms of class, caste, gender, colour, region etc.
“It is generally agreed that any type of discrimination, is morally wrong and a violation of the principle of equality”.
Body
Efforts since independence
- Constitutional provisions: Article 14- right to equality, Article 17 – Abolition of untouchability.
- Social and political movements: Bahujan politics, Dalit literary movements, Nirbhaya movement, #me too movement, etc.
- Legal provisions: Prevention of act 1989, Drugs and magic remedies Bill. 2020 preventing fairness creams.
- Education and social awareness: IIT Bombay plans a mandatory course on caste awareness.
Reasons for this situation:
- Bounded ethicality: Our ability to make ethical choices is often limited because of internal or external pressures. Thus younger generation is forced to accept such norm
- Eg: In many villages, upper castes still use social and economic boycotts to ensure authority. 2017 NCRB data shows 63 cases of social boycott. These are many unreported cases.
- Nepotism: Many in higher positions have self-serving interests in promoting class stratifications. As they benefit them, so they want to pass down the class superiority to the younger generation. Eg: In 2014, as many as 130 MP’s in Lok Sabha had some kind of political lineage.
- Ethical fading: This happens when other interests overtake ethics, such as business interests. Eg: The promotion of fairness creams for women and men, indicating dark colour as inferior and something which we should change.
- Rationalizations: Our ability to find justifications for unethical acts.
- As Joshua Greene said, “Rationalization is the great enemy of moral progress”. Thus leading to stereotypes.
- Eg: Using offensive terms to people from the northeast people as they look different, treating caste discrimination as a part of the society, etc.
- Obedience to tradition and patriarchy: India’s caste system is the oldest form of surviving social stratification. People tend to follow this tradition blindly. Patriarchal values like women being lesser than men restrict them to household chores.
- g.: The female labour force participation rate in India is just 18%.
Conclusion
As philosopher John Rawls pointed out we need a veil of ignorance in making our decisions mainly during a social contract. This would help us ensure some form of equality in our society as one would not know where they would be after that decision.
Case study
You have grown up in a family who are conservative in its outlook. They expect their kids to marry within their caste and religion. You are the eldest child in the family. Even though you loved a girl while in your graduation, you could not muster up the courage to marry her fearing the wrath of your family and other members of the family. You have three other younger siblings who are girls whom you love and take care of their every need as much as you can.
The eldest among them confesses to you that she is in love with a guy belonging to a different caste and she is even willing to marry this guy despite any opposition from the family. Though you support her decision, you are afraid your parents will not let her carry on with this decision. You are concerned about your parents as well as your sister’s well-being in the near future. You are also afraid for your other sisters that they might not find a suitable groom within your caste since your family will be socially ostracized if you allow your sister to marry outside the caste.
In this context, answer the following questions:
- What are the options available to you in the present situation? Debate their pros and cons.
- What will be your course of action? Justify your course of action adequately.
(20M)
Introduction
For ages, families have embraced the concept of arranged marriages in India. The change of outlook among youth is not acceptable for many of our elders. Thus, generating a conflict between modernity and conservative values. Here, the stakeholders involved are
- The options available to me in the present situation are:
- Following the conservative norms and not supporting my sister in her decision
- Pros:
- Ensuring the family tradition and satisfying my parents.
- Avoiding social boycott from the society
- Other sisters wouldn’t face any issues during their marriage
- Cons
- As my sister is adamant, she would however marry despite me deciding otherwise.
- Breaking the trust of my sister and restricting her freedom of choice. In the future, she may not approach me with any of her problems.
- Allowing her to marry the guy she likes, despite all the opposition.
- Pros
- Respecting her freedom of choice.
- Stand as an example within our community
- Cons
- Bringing the wrath of my family on her.
- Risking social ostracization.
- Risking the marriage prospects of other sisters.
- Pros
- Pros:
Both of these paths have their share of pros and cons. The third way would be to respect her choice and at the same time to work towards convincing my parents and the larger family. This would ensure her happiness and harmony within our family.
- I am happy that my sister is courageous enough to decide her future. As Kofi Annan said, “there is no tool for development more effective than the empowerment of women”. Thus, their choices should be respected. My course of action would be to
- Open conversation: As marriage is a major decision in one’s life, I want my sister to be sure about the guy and ask if she has any concerns. I would know why she thinks he is the right guy and I would also mention to her the possible consequences if our parents don’t agree.
- Persuading family: If she is sure about him, I would ask her permission to consult with the family.
- I would try to figure out in advance what their concerns would be by bringing up another inter-caste couple. I will also look for successful examples of inter-caste couples in our family circle.
- Choosing a time when my parents are calm, I would initiate a conversation with my most sympathetic parent first and then the other, detail to them about the changing outlook towards marriage and the need to marry someone whom we love and also explain the negative effects of forced marriage.
- I would also encourage my sister to share positive points about the boy with my parents.
- I would listen to what our parents have to say and then work on their concerns. The better the communication is the better chances of convincing them.
- Persuading extended family: Once my parents agree, I would ask a sympathetic relative to back us up while speaking with our extended family.
- Society: I would try to find an NGO working on caste discrimination or a Good Samaritan such as a local school head, village head, or any influential person to influence our social group. I would also campaign and spread awareness with the NGO about inter-caste marriages. If our family is socially ostracized, then I would seek legal protection under a magistrate.
If our parents don’t agree then I will stand by my sister’s decision to marry. I would talk to my other sisters about the same and detail the consequences of the decision on their life. I will plan on ways to tackle them.
The caste system is a social evil that hampers harmony. It’s upon each one of us to not limit our choices due to it. I would try to persuade everyone involved and protect my sister’s choice.
Join our Official Telegram Channel HERE
Subscribe to our YouTube Channel HERE
Follow our Twitter Account HERE
Follow our Instagram Account HERE
