8 October 2024 : The Hindu Editorial Analysis

1. A re-balancing of India’s great power relations

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – International Relations

Context

India’s participation in the Quad Leaders’ Summit and its diplomatic engagements with Russia highlight its delicate balancing act between strategic alliances with the U.S., Russia, and China. As Russia strengthens ties with China, India navigates complex geopolitical dynamics while emphasising strategic autonomy. India also seeks a role in global conflict resolution.

Participation in Quad Leaders’ Summit and Relations with Russia

• The participation of India in the Quad Leaders’ Summit in the U.S. raised hopes of strengthening security cooperation among the key maritime democracies in the Indo-Pacific.
• However, the visit to Russia for a BRICS NSA meeting needs more attention, as it included significant diplomatic engagements to resolve India-China tensions and discussions on the global geopolitical landscape.
• Balancing relations between the Quad and Russia is crucial for India, given Moscow’s opposition to the Quad.

India’s Diplomatic Balancing Act

• India is actively negotiating with China over the four-year military standoff at the LAC while maintaining its engagement with the U.S. in promoting a rules-based Indo-Pacific order.
• The Quad aims to create a strategic alliance to counter the revisionist challenges to the global order, and India’s relationship with Russia plays a significant role in maintaining this balance.
• While India’s strategic relations with the U.S. are evolving, its long-standing ties with Russia remain essential, even as Russia’s pivot towards China complicates this relationship.

India’s Role in Peace-Making Efforts

• India’s diplomatic efforts include engaging with Russia to convey peace proposals regarding the Ukraine conflict.
• India’s leadership is positioning itself as a potential mediator in global peace efforts, attempting to balance relations with both the U.S. and Russia while maintaining its strategic autonomy.
• The meeting between Indian and Russian leadership highlights India’s role as a potential dialogue facilitator, signalling its intent to play a larger role in global conflict resolution.

Challenges in India-Russia Relations

• Russia’s growing economic and military ties with China are concerning for India, as it affects the balance of power in Asia.
• India’s dependence on Russia for military supplies is crucial, but Russia’s increasing reliance on China limits its ability to support India in its geopolitical challenges, including tensions with China and Pakistan.
• Russia’s closer ties with China, driven by shared geopolitical competition with the U.S., have strained its ability to maintain an equal focus on its partnership with India.

Russia-China Relations and India’s Concerns

• Russia’s deepening relationship with China has been driven by anti-Western strategies, but India’s strategic goals do not align fully with those of Russia or China.
• The growing China-Russia alliance has marginalised Russia’s ability to balance relations between India and China, further complicating the India-Russia partnership.
• Russia’s reluctance to prioritise India over China, despite longstanding ties, reflects the challenges posed by Moscow’s geopolitical realignment toward Beijing.

India’s Strategic Autonomy and Global Position

• India’s independent foreign policy, including purchasing discounted Russian oil and maintaining a neutral stance on the Ukraine conflict, has come with diplomatic challenges, particularly with the West.
• The country’s peace-making efforts, including mediation in global conflicts, aim to bolster its strategic autonomy while positioning India as a responsible global player.
• India’s balancing act between the Quad and its relations with Russia reflects a broader strategy of preserving partnerships with both global powers while maintaining independence in its foreign policy decisions.

India’s Evolving Foreign Policy

• India’s foreign policy, over the last decade, has prioritised maintaining a transactional relationship with the U.S. and a non-adversarial relationship with Russia.
• As Russia’s China embrace deepens, India is increasingly recognizing the need to recalibrate its ties with Russia while fortifying its strategic partnership with the U.S.
• The rebalancing of India’s foreign relations does not necessarily entail a full-fledged alliance with the U.S., but it does require a shift away from the historical dependence on Russia.

PYQ: “The long-sustained image of India as a leader of the oppressed and marginalised Nations has disappeared on account of its new found role in the emerging global order”. Elaborate. (250 words/15m) (UPSC CSE (M) GS-2 2019)

Practice Question:  Examine how India’s foreign policy is evolving to balance its strategic alliances with the U.S. and Russia, particularly in the context of growing Russia-China relations. (250 Words /15 marks)

2. Unpacking the Centre’s affidavit on marital rape

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Social Justice – Vulnerable Sections

Context

The Marital Rape Exception (MRE) under Indian law exempts non-consensual sex within marriage from being classified as rape. The Centre’s defence of MRE, citing marital expectations and concerns about misuse, has been legally challenged.The Supreme Court is examining whether MRE violates fundamental rights like equality and personal autonomy.

Marital Rape Exception (MRE) and the Legal Challenge

• The Marital Rape Exception (MRE) in the Bharatiya Nyaya Sanhita, 2023, states that sexual intercourse by a man with his wife (above 18 years) is not considered rape.
• This provision is currently under challenge before the Supreme Court, with the government filing an affidavit supporting MRE.

The Issue of ‘Expectation’ in Marriage

• The government argues that married and unmarried women are not treated equally under MRE because marriage creates an ‘expectation of reasonable sexual access.’
• The affidavit suggests that marriage allows for this expectation, differentiating it from rape in other relationships.
• The term ‘reasonable sexual access’ remains vague, raising questions about who defines this expectation and how it is measured.
• The argument that marriage creates such an expectation is questioned, as similar expectations could arise in live-in relationships or other partnerships.
• The legal relevance of this expectation is unclear, especially when individual autonomy and dignity are constitutionally protected.

Impact on the ‘Institution of Marriage’ and ‘Misuse’ Concerns

• The government claims that recognizing marital rape as a criminal offense could affect the institution of marriage and lead to false allegations.
• There is no evidence that recognizing marital rape weakens marriage, and if impunity for marital rape upholds the institution, it should be reconsidered.
• Concerns over false accusations are common for many criminal offences, and the purpose of a criminal trial is to establish guilt beyond reasonable doubt.
• Data suggests that sexual offences are under-reported, and the challenge lies in proving rather than disproving allegations.

Jurisdiction of the Court

• The government argues that marital rape is a social issue, not a legal one, and should not fall under the Court’s jurisdiction.
• However, laws regulate social matters, and the government’s affidavit addresses constitutional questions, indicating the legal aspect of the issue.
• The government contends that decisions on criminal offences are for the legislature, but the Court’s role is to assess the constitutionality of existing laws, including MRE.

Conclusion

• The government’s affidavit presents familiar arguments supporting MRE, but these arguments face serious legal challenges.
• The Court is tasked with determining whether MRE violates constitutional rights, and if so, it can strike it down.

Practice Question:  Critically analyze the constitutional validity of the Marital Rape Exception (MRE) in India, considering its implications on personal autonomy, gender equality, and marital rights. Discuss the role of the judiciary in addressing this issue. (250 Words /15 marks)