Debate on Marital Rape, Hereditary Cancers, Nobel Prize in Physiology to the discovery of microRNA

(General Studies II – Polity Section – Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure; Salient Features of the Representation of People’s Act.)

• Marital rape, defined as non-consensual sex between spouses, remains a contentious issue in India, where it is not criminalized under the Marital Rape Exception (MRE) provision in Bharatiya Nyaya Sanhita 2023.

This provision, currently being challenged in the Supreme Court, exempts husbands from rape charges, sparking intense debates on constitutional rights, gender equality, and societal norms.

Arguments Against Criminalizing Marital Rape –

1. Institution of Marriage: Religious groups and the government, argue that such legislation would interfere with marital relations and could destabilize families. They claim that within the institution of marriage, there is an implicit expectation of sexual relations, which does not require the same legal standards of consent as non-marital relationships.
2. Potential for Misuse: Critics argue that criminalizing marital rape could lead to frivolous or malicious accusations against men, with little evidence to prove or disprove such claims. The concern is seen with other gender-based laws like those related to dowry harassment.
3. Social Consensus: Some that the issue is more social than legal and should be handled through public discourse, education, and reform rather than legal mandates. In India, conservative views on marriage as a sacred bond still dominate, and many believe criminalizing marital rape would conflict with these entrenched social norms.
4. Existing Legal Provisions: Opponents of criminalization also point to existing laws, such as those under domestic violence and cruelty provisions, which already provide remedies for women subjected to abuse within marriage. They argue that criminalizing marital rape would be redundant and create confusion in the legal system.

Arguments for Criminalizing Marital Rape –

1. Violation of Fundamental Rights: The MRE violates fundamental rights enshrined in the Indian Constitution, particularly Article 14 (right to equality) and Article 21 (right to life and personal liberty). By exempting husbands from rape charges, the law perpetuates gender inequality and disregards a woman’s right to autonomy over her own body, even within marriage.
2. International Standards: Globally, over 100 countries, including the UK, Australia, South Africa, and Poland, have criminalized marital rape, acknowledging that marriage does not negate the need for consent. In contrast, India remains among the few nations where marital rape is still not criminalized, despite international human rights conventions advocating for its prohibition.
3. Sexual Autonomy: The idea that marriage implies continuous consent to sexual relations undermines a woman’s autonomy and dignity. Criminalizing marital rape would reinforce the notion that consent can be withdrawn at any time, a principle essential to individual freedom and bodily integrity.
4. Prevalence of Abuse: Data from the National Family Health Survey (NFHS) in India shows that over 30% of married women have experienced spousal sexual violence. Additionally, studies worldwide demonstrate that criminalizing marital rape has not led to the destabilization of marriages.
5. Misuse of Law: The argument about potential misuse is often overstated. Like all criminal laws, marital rape provisions would require proof beyond a reasonable doubt, ensuring that false accusations are minimized.

India needs to align with international human rights standards by criminalizing marital rape to ensure gender equality and protect individual autonomy. Legal reforms should be paired with public education campaigns to challenge outdated social norms, promote gender equality, and ensure that marriage is a partnership based on mutual respect and consent.

• The Supreme Court declared the caste-based division of labour in prisons as “unconstitutional,” striking down provisions in various State prison manuals for violating the fundamental rights of prisoners.
• The court was hearing a PIL filed by Journalist Sukanya Shantha highlighting provisions in prison manuals of states like Tamil Nadu, Kerala, and Maharashtra, which reinforced caste inequalities.
• Assigning menial duties to lower castes. E.g. latrine duties to specific lower-caste communities.
• The segregation of castes in barracks.
• Colonial Stereotypes in Prison Manuals: Prison rules labelled certain marginalised communities as “habitual offenders” and restricted their roles in prison based on caste.
• Violation of Fundamental Rights:
• Article 14 and 15: The court ruled that caste as a basis for assigning prison duties violated Article 14 (equality before the law) and Article 15(1) (prohibition of discrimination).
• Article 17: Assigning menial tasks to marginalized castes while reserving cooking and other roles for higher castes constitutes direct discrimination and untouchability, violating Article 17.
• All states and union territories were directed to amend their prison manuals within three months to eliminate discriminatory practices.
• The court also ordered reforms in the Union government’s Model Prison Manual, 2016, and the Model Prisons and Correctional Services Act, 2023.
• District legal services authorities and boards of visitors were tasked with ensuring compliance through regular inspections.

Dig Deeper: Read about major reforms brought in Model Prison Manuel, 2016.

• A recent clinical trial published in the International Journal of Food Sciences and Nutrition highlights that a diet high in advanced glycation end products (AGEs), commonly found in ultra-processed and fast foods, is a leading cause of India’s diabetes epidemic.
• AGEs are harmful compounds formed during high-temperature cooking and are linked to inflammation, which contributes to diabetes.
• Dietary Impact on Insulin Sensitivity: Low-AGE diets improve insulin sensitivity and reduce inflammation, while high-AGE diets exacerbate diabetes risk.
• Global and National Context: With 101 million diabetic individuals in India, the prevalence of diabetes is rising. Western studies also link processed foods high in fat, sugar, and AGEs to chronic diseases.
• Diet Recommendations: A low-AGE diet, including fruits, vegetables, whole grains, and low-fat dairy, reduces oxidative stress and inflammation.
• Healthier traditional diets focusing on boiled foods, non-starchy vegetables, and reducing bakery and sugary foods are recommended to lower type 2 diabetes risk.
• Diabetes and Type 2 Diabetes:

Dig Deeper: Read about Diabetic complications like diabetic foot, kidney damage and Retina damage.

• The International Agency for Research on Cancer estimates that one in five individuals globally faces a lifetime risk of developing cancer, with 20 million new cases in 2022, projected to rise to 32 million cases by 2045.
• Inherited genetic mutations account for about 10% of these cancers, with specific syndromes, such as BRCA mutations, contributing significantly to breast, ovarian, and other cancers.
• BRCA Genes and Cancer Risk:
• Mutations in BRCA1 and BRCA2 genes significantly increase the risk of breast, ovarian, prostate, and other cancers.
• These mutations are particularly common in specific populations, like Ashkenazi Jews, due to genetic bottlenecks and founder effects.
• Genetic Screening and Prevention: Testing for BRCA mutations allows for earlier cancer detection and personalized preventive strategies such as increased surveillance, preventive surgery, or targeted therapies.
• Targeted Therapies: Poly (ADP-ribose) polymerase (PARP) inhibitors, combined with platinum-based chemotherapy, show promising results in treating BRCA-related cancers.
• CRISPR and Genetic Research: Tools like CRISPR enable targeted mutation analysis in genes like BRCA and RAD51C, helping to predict responses to therapies like PARP inhibitors.

Dig Deeper: Read about PARP inhibitors.

• The 2024 Nobel Prize in Physiology was awarded to Victor Ambros and Gary Ruvkun for discovering microRNA (miRNA), a key element in post-transcriptional gene regulation.
• Their work revealed that miRNA precisely controls gene expression, allowing specific cells, such as muscle or nerve cells, to perform specialized functions.
• Previously, biologists believed gene regulation stopped once transcription began.  Transcription and Translation are steps in the complex process of forming the protein.
• Malfunctioning miRNAs can cause diseases like cancer, autoimmunity, and disorders affecting sight, hearing, and skeletal growth.
• Their discovery builds on earlier work that revealed plants use similar processes to combat viruses.
• Their research is now inspiring global studies on how miRNA could be targeted to treat or prevent various diseases.

Dig Deeper: Read about the prospects of miRNA in the prevention of diseases.

• The World Association of Zoo and Aquarium (WAZA) suspended the Delhi National Zoological Park’s membership for six months due to concerns over the welfare of Shankar, an African elephant kept in chains.
• Shankar being chained due to aggressive behaviour during “musth” and the absence of a mate. Shankar, gifted by Zimbabwe in 1996, lost his companion, Bambai, in 2005.
• Delhi Zoo is negotiating with Botswana to bring a female elephant to accompany Shankar.
• WAZA’s suspension restricts the zoo from participating in global conferences or activities during this period.
• The World Association of Zoos and Aquariums (WAZA) is the global alliance of regional associations, national federations, zoos and aquariums, dedicated to the care and conservation of animals and their habitats around the world.
• The membership consists of nearly 400 leading institutions and organisations around the world, and this number continues to grow.

Dig Deeper: Read important provisions of the Prevention of Cruelty to Animals Act, 1960 and the Animal Welfare Board of India.