The Hindu Important News December 14th 2024

1.Section 69 of the BNS

A case was filed under Section 69 of the BNS by a 25-year-old woman from Jharkhand against a man for engaging in a sexual relationship under the pretense of marriage. Section 69 criminalizes sexual intercourse based on deceitful means, such as false promises of marriage, with penalties including imprisonment of up to 10 years and a fine.
Historical Context and Evolution of the Law
Before the enactment of the BNS, similar cases were registered under Sections 376(2)(n) and 90 of the Indian Penal Code (IPC).
These sections addressed rape through repeated sexual acts and consent obtained under false pretenses.
The new law explicitly includes terms like “deceitful means” and “inducement” to address ambiguities in the IPC.
Legal Challenges and Differing Judicial Opinions
Courts have taken varying stands on cases under Section 69:Some courts quashed cases where long-term relationships implied mutual consent and understanding. Others ruled that promises made without intent to fulfill them at the outset constitute criminal acts. Concerns have been raised about the criminalization of consensual relationships that turn sour. Gender Bias and Criticism Critics argue that Section 69 reinforces gender stereotypes by presuming women lack agency in sexual matters.
The law is seen as inherently biased, penalizing men for false promises of marriage while excluding other genders and scenarios.
A public petition has called for its repeal, citing concerns about its discriminatory nature and disregard for mutual consent.
Statistical Insights
National Crime Records Bureau (NCRB) data from 2016 to 2022 shows that up to 40% of rape allegations pertained to false promises of marriage or similar accusations.
The average conviction rate for all rape cases during this period was 29.71%.
Parliamentary Report and Constitutional Concerns
A parliamentary report on the BNS highlighted challenges in proving promises to marry, as intentions can change over time.
The report cautioned against vague definitions that could lead to inconsistencies in enforcement. It also raised concerns about intrusions into individual privacy and autonomy.
Support for Section 69
Proponents argue that Section 69 closes legal loopholes by explicitly addressing coercion through psychological or emotional manipulation.
The law aims to protect women in patriarchal societies where marriage often defines their personhood.
Constitutional Challenge A public interest litigation has been filed, questioning the constitutional validity of Section 69.
Concerns include its exclusion of the LGBTQ community, potential misuse in live-in relationships, and violation of individual rights under Article 21 of the Constitution.
The High Court has sought a response from the government on this issue.
UPSC Mains Practice Question
Ques : Discuss the implications of Section 69 of the Bharatiya Nyaya Sanhita (BNS) on personal autonomy and gender equity. Analyze its potential impact on the legal framework addressing sexual offences and its compatibility with constitutional rights. (150 Words /10 marks)

2.WHO’s revised air quality guidelines 2021

According to a study recently published in Lancet Planet Health, no one in India lives in areas where the yearly average pollution levels are below the levels recommended by the World Health Organization (WHO).

WHO’s revised air quality guidelines 2021

• About
  • In September 2021, WHO updated its air quality guidelines (AQGs) to reflect the serious health impacts of air pollution:
  • 5: The annual mean concentration should not exceed 5 µg/m3. This is half of the 2005 guideline of 10 µg/m3.
  • NO2: The annual mean concentration should not exceed 10 µg/m3.
  • Ozone: The peak season mean 8-hour concentration should not exceed 60 µg/m3.
  • PM10: The annual mean concentration should not exceed 15 µg/m3, and the 24-hour mean should not exceed 45 µg/m3.
  • SO2: The 24-hour mean concentration should not exceed 40 µg/m3.
  • CO: The 24-hour mean concentration should not exceed 7 µg/m3.
• Non-binding in nature
  • The WHO AQGs are not legally binding, but they are often used by countries and legislative bodies to set air quality policies.
  • The guidelines are based on scientific evidence from multiple countries and are intended to help reduce the health impacts of air pollution.
• India’s National Ambient Air Quality Standards (NAAQS)
  • Ambient air quality refers to the condition or quality of air surrounding us in the outdoors.
  • Under the authority of the Air (Prevention and Control of Pollution) Act of 1981, India’s Central Pollution Control Board sets national ambient air quality standards.

The current Standards include following 12 pollutants:

Key highlights of the study

Widespread Air Pollution in India

• No area in India meets the WHO’s recommended PM2.5 pollution level of 5 µg/m³.
• 9% of the population lives in areas exceeding India’s National Ambient Air Quality Standards (NAAQS) of 40 µg/m³.

Health Impact of Air Pollution

• High levels of PM2.5 are linked to 1.5 million deaths annually in India.
• Long-term exposure to air pollution increases risks of respiratory diseases, heart attacks, strokes, high blood pressure, and developmental delays in children.
• Every 10 µg/m³ increase in PM2.5 levels raises the risk of death by 8.6%.

Regional Pollution Levels

• Pollution levels ranged from 11.2 µg/m³ in Arunachal Pradesh’s Lower Subansiri district (2019) to 119 µg/m³ in Ghaziabad and Delhi (2016).

Potential for Improvement

• Meeting NAAQS could prevent 0.3 million deaths annually; achieving WHO levels would save even more lives.
• Identifying and addressing pollution sources, such as construction, vehicular emissions, and crop burning, is critical.

UPSC Mains PYQ : 2019

Ques : “What are the major sources of air pollution in India? Discuss the measures being taken to combat it.” (150 words/10m)

3.INDO US RELATIONS:

• Donald Trump’s anticipated return to the U.S. presidency in 2025 may bring continuity in U.S.-South Asia relations, particularly enhancing cooperation with India.
• His focus on countering China, while deprioritizing democracy and human rights, could create opportunities and challenges for regional stability.
• South Asian nations must navigate these dynamics amid global power shifts.

Donald Trump’s Return and Its Implications for South Asia

• In January 2025, Donald Trump will be sworn in as the 47th President of the United States.
• His re-election has sparked curiosity and “nervousness” globally but is expected to provide continuity in South Asia.
• Trump’s leadership style and focus on great power politics may bring new opportunities and challenges for the region.

Factors Shaping U.S.-India Relations

• India and the U.S. have enjoyed a steadily improving relationship since the early 2000s, with India recognized as a net-security provider in 2009.
• Under the Biden administration, the U.S. worked to strengthen India’s role in countering China in South Asia through its Indo-Pacific strategy.
• Collaborative efforts included the Millennium Challenge Corporation (MCC) projects in Nepal and aiding Sri Lanka during its economic crisis.
• A shared vision for the region was furthered as the U.S. reduced engagement with Pakistan after its Afghanistan withdrawal.

Divergences in the Relationship

• India’s collaboration with the U.S. aims to counter China and offer alternative development models.
• The Biden administration’s focus on human rights and democracy caused friction.
• S. sanctions on Bangladesh and Myanmar nudged them closer to China.
• S. scrutiny of Indian firms collaborating with Russia hindered Indian projects in Sri Lanka.

Trump’s Likely Policy Directions

• Trump’s ideology emphasizes burden-sharing, reciprocity, and competing with China.
• His return is expected to reduce irritants in the U.S.-India relationship, with less focus on democracy and human rights.
• The U.S. may support India’s regional leadership with supplementary assistance, minimizing divergences.

South Asia Under Trump 2.0

• Trump’s foreign policy is expected to prioritize capacity-building, development assistance, and defence cooperation.
• This approach would benefit nations like Sri Lanka, Myanmar, and even the Taliban, though the extent of U.S. engagement remains uncertain.
• Bangladesh may face challenges due to reduced U.S. assistance during its political transition.

Implications of Trump’s China Policy

• Trump’s confrontational stance towards China could exert more pressure on South Asian countries, limiting their ability to balance great powers.
• South Asia’s politicization and ambiguity on investments and agreements could lead to increased U.S. demands for reciprocity.
• Trump’s potential success in resolving global crises like the Russia-Ukraine war and West Asia tensions may ease food and fuel inflation in the region.

Conclusion: Opportunities and Challenges

• Trump’s second term is likely to enhance U.S.-India cooperation in South Asia while introducing challenges from his leadership style.
• The broader structural shifts under Trump’s presidency will test South Asian countries’ ability to navigate relations with the U.S., India, and China.
• GS Paper 02 : International RelationsUPSC Mains Practice Question: How can a shift in U.S. foreign policy priorities toward countering China influence South Asia’s geopolitics? Discuss the opportunities and challenges for India. (150 Words /10 marks)