EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE

THE HINDU
6 EDITORIAL DELHI

FRIDAY, SEPTEMBER 10, 2021

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The fall of Afghanistan, the fallout in West Asia

While Pakistan takes a lead role, it is West Asia’s influence that will shape the future of the beleaguered country
should be the real wielders of pow- Qatar remains a rival for the king- China and Russia: over the last few
er in Kabul. dom as it backs political Islam and years, both have built close rela-

Catching up The West Asian players

improved ties with Iran. The inter-
play of these rivalries will resonate
tions with the major states of the
region. i.e., Iran, Saudi Arabia,
While Pakistan is playing the lead in Afghanistan. Turkey, Afghanistan and Pakistan.
The success of the PLI is likely to hinge on how

GETTY IMAGES/ISTOCKPHOTO
public role in Afghan affairs, the The third player is Iran: while Recent developments suggest
entrepreneurs weigh the risk-reward equation Talmiz Ahmad country’s West Asian/Gulf neigh- many of its hardliners are over- that this need not be a far-fetched

T
he Cabinet’s approval of a Production Linked In- bours will be a significant in- joyed at the U.S. “defeat”, more re- proposition any more: one, in Ja-
centive (PLI) scheme for the textile sector that is fluence in shaping the future of flective observers recall the earlier nuary, the Gulf Cooperation Coun-

O
expressly targeted at the man-made fibre (MMF) n September 7, three weeks
after they walked into Ka-
and technical textiles segments is a belated acknow-
bul without any resistance,
ledgment by the Government that the ground has inex- the Taliban announced an interim
orably shifted in the global textiles trade. A relentless Council of Ministers. This govern-
shift in consumer preferences and fashion trends saw ment-formation was tightly con-
MMF surpass cotton as the fibre of choice in the 1990s, trolled by Pakistan: the head of its
since vaulting its share in worldwide textile consump- Inter-Services Intelligence (ISI),
tion to about 75%. India’s textile and clothing exports Lieutenant General Faiz Hameed,
had made a high-profile descent
on the other hand have continued to remain dominated
on Kabul a few days earlier to sig-
by cotton and other natural fibre-based products, with nal the success of Pakistan’s 20-
MMF having contributed less than 30% of the country’s year project to install the Taliban
$35.6 billion in overall sectoral exports in 2017-18. And in power and, more immediately,
MMF’s share remained relatively unchanged in the last to ensure that the incoming go-
fiscal as well when the sectoral exports were about $33 vernment would safeguard its
billion. While policy makers have been cognisant of the interests.
need to bolster support for the MMF segment, the task
The chord with Pakistan
of crafting a meaningful initiative that would engender Pakistan appears to have got its
enhanced investment in capacity creation, leading to way. Afghanistan’s acting Prime
increased exports, has been a while in coming. Wed- Minister is Mullah Hassan Akhund,
nesday’s decision on the focused PLI scheme, with a close associate of former Taliban
budgeted outlay of ₹10,683 crore, is the second time in founder Mullah Omar. But this
11 months that the Cabinet has approved what is broad- could be a short-term appoint-
ment as he has not shone in Tali-
ly the same plan, with the Government using the inter-
ban ranks either as warrior or ad-
vening period to incorporate amendments to the incen- ministrator. Abdul Ghani Baradar
tive structure based on industry feedback. is his deputy, but again, this could
The aim of the scheme is to specifically focus invest- be a token position. Baradar had
ment attention on 40 MMF apparel product lines, 14 been arrested in 2010 by the Pakis-
MMF fabric lines and 10 segments or products of tech- tanis for pursuing a dialogue with
nical textiles. These 64 items have been chosen on ac- the Hamid Karzai government
without Pakistani sanction and
count of being among the top-traded lines in the global
jailed for eight years.
market as well as India having less than a 5% share in Pakistan’s true protégés are Si-
each of them. The inclusion of intermediate products at rajuddin Haqqani, the acting inte-
industry’s request also reflects the Government’s keen- rior minister, and Mohammed Ya-
ness to ensure the scheme ultimately delivers on the qoob, the acting defence minister,
broader policy objectives. The incentives have been ca- a son of Mullah Omar, who is also
tegorised into two investment levels. Firms investing at close to Haqqani. Both have long-
that beleaguered country. Taliban emirate which was viscer- cil (GCC) states led by Saudi Arabia
Saudi Arabia, Qatar and Iran ally hostile to Shias and Iran. Iran lifted the over three year blockade
have been direct role-players in Af- also sees itself as the guardian of of Qatar; two, since April, there
ghan affairs for over 25 years. In the Tajik, Uzbek and Hazara mi- have been three rounds of discus-
the 1990s, the first two were sup- many of whom keep their families norities in the country. This con- sions between Iran and Saudi Ara-
porters and sources of funding for in Doha. sideration, as also its suspicions of bia and plans are in place for the
the Taliban, while Iran was an an- Wahhabi influence in the country, next meetings; and, three, Turkey
tagonist, backing the Northern Al- Competitions for influence led its spokesman, on September has initiated diplomatic overtures
liance against the emirate in Kan- The low-key reactions of the Gulf 6, to “strongly condemn” Pakista- towards Egypt and Saudi Arabia.
dahar. After the 9/11 attacks, all countries to recent developments ni participation in the Taliban at- None of these initiatives involves
three countries became deeply in- in Kabul reflect the uncertainties tacks on the resistance fighters, the Americans.
volved with the Taliban. From relating to the Taliban in power, largely Tajik and Uzbek, in the Other significant events have al-
2005, the Gulf sheikhdoms have i.e., their ability to remain united, Panjshir valley. so taken place recently. On August
contributed millions of dollars to their policies relating to human 24, Saudi Arabia’s Deputy Minister
different Taliban leaders and fac- rights, and, above all, whether the The outlook for security of Defence, Khalid bin Salman, the
tions. Iran began a substantial en- Taliban will again make their Besides the challenges that indivi- younger brother of the Crown
gagement with various Taliban country a sanctuary for extremist dual countries are grappling with, Prince, signed a military coopera-
leaders from 2007 and provided groups. The country already has in West Asia there is the larger is- tion agreement with Russia, in
funding, weapons, training and re- several thousand foreign fighters, sue of regional security after the Moscow. This is an obvious case of
fuge, when required. It wanted the whose ranks could swell with ex- U.S. withdrawal. The region now “strategic hedging” as the U.S. has
Taliban to maintain pressure on tremists coming in from Iraq and has two options: one, an Israel- placed restrictions on defence
the U.S. forces to ensure their Syria, and threaten the security of centric security order in which the supplies to the kingdom. Besides
speedy departure from the coun- all neighbouring states. Arab Gulf states would link them- this, there were the two confe-
try. Three sets of regional players selves with Israel to confront Iran. rences in Baghdad — one set up a
In the 2010s, when the U.S. be- are active in Afghanistan today: This is being actively promoted coalition of Iraq, Jordan and Egypt
gan to engage with Iran on the nu- one, the Pakistan-Saudi coalition, by Israeli hawks since it would tie for economic cooperation, while
clear issue, Saudi Arabia became which has been the principal Israel with neighbouring Arab the other, on August 28, brought
more directly involved in Afghan source of support for the Taliban- states without having to concede together the principal regional
matters to prevent Iran’s expand- at-war. They would like to remain anything to meet Palestinian aspi- states to confront shared challeng-
ing influence among Taliban influential in the new order, but rations. The weakness of this ar- es — all these interactions have ta-
groups. Thus, besides Syria and neither would like to see the Tali- rangement is that while the re- ken place without U.S. presence.
Yemen, Iran and Saudi Arabia ban revert to their practices of the gimes of some Gulf states could be These developments suggest
have also made Afghanistan an 1990s that had justifiably appalled attracted to it, their populations that the germ of a new regional se-
arena for their regional the global community. are likely to be opposed. The pro- curity order in West Asia is already
competitions. Two, Turkey and Qatar repre- posal will also ensure that West sown in fertile ground.
In 2012, Qatar, on U.S. request, sent the region’s Islamist coalition Asia remains confrontational and
allowed the Taliban to open an of- and, thus, share an ideological kin- unstable. Talmiz Ahmad is the former Indian
fice in Doha as a venue for their ship with the Taliban. Both would The other option is more ambi- Ambassador to Saudi Arabia, Oman and
dialogue with the Americans. This like to see a moderate and inclu- tious: a comprehensive regional the United Arab Emirates, and holds the
has made Qatar an influential sive administration, but Turkey is security arrangement. The facilita- Ram Sathe Chair for International Studies
player in Afghan affairs, with deep seen as a political and doctrinal tors and guarantors of this securi- at Symbiosis International University,

least ₹300 crore into plant and machinery over two standing ties with Pakistan and personal ties with several leaders, antagonist by Saudi Arabia, while ty arrangement are likely to be Pune

years for making a specified product would need to hit

a minimum turnover of ₹600 crore before becoming
eligible to receive the incentive over a five-year period,
and at a second level an investment of ₹100 crore with a
The national security discourse is changing
pre-set minimum turnover of ₹200 crore would enable Policymakers and practitioners are leading the emerging consensus on the need to fundamentally reassess assumptions
qualification for the incentive. On the face of it, the
U.S. President Joe Biden’s National nomic Council, with the Domestic proach towards security”.
scheme appears designed with a fair deal of thought,
Security Adviser Jake Sullivan has Policy Council, with the Office of
but its operational success is likely to hinge on how new suggested that his team’s task is to Science and Technology Policy. Highlight the synergies
entrepreneurs and existing companies weigh the risk- re-imagine American “national se- This will inevitably present its own In the post-pandemic world with a
reward equation, especially at a time when the pan- curity for the unprecedented com- sets of challenges but there is no serious strain on national resourc-
demic-spurred uncertainty has already made private bination of crises we face at home shying away from this new reality. es, it will be important for policy-
businesses leery of making fresh capital expenditure. Harsh V. Pant and abroad: the pandemic, the makers to underline the synergies
economic crisis, the climate crisis, The Indian situation between the civilian and the mili-
technological disruption, threats In India too, we have seen a grea- tary spheres. The Army chief has
Return of the Mullahs
T
he global security landscape to democracy, racial injustice, and ter recognition of the challenges rightfully pointed out a range of
is undergoing a churn, creat- inequality in all forms”. He has emanating on national security tangible and intangible ways in
Taliban have sent a clear message that they ing complexities and new gone on to argue that “the allianc- from domestic vulnerabilities. which investment in the armed
care little about what the world thinks of them realities unlike any time in the re- es we rebuild, the institutions we One of the most significant conse- forces contributes to the national
AFP

cent past. From a rising China to lead, the agreements we sign, all of quences of the COVID-19 pandem- economy such as indigenisation of

T
he debate on whether the Taliban would form an the pressures of climate change;
“inclusive government” representing all sections from the challenges of counter ter-
of Afghan society was laid to rest by the Taliban rorism to a seemingly never-end-
themselves on September 7 when the group’s spokes- ing COVID-19 pandemic (the four
man, Zabihullah Mujahid, announced the formation of Cs), the old order is collapsing
much faster than the ability of na-
the new administration of the ‘Islamic Emirate of Af-
tions to create the foundations of a
ghanistan’. Of the 33 Cabinet Ministers named, 30 are new one. National security de-
Pashtun, two ethnic Tajiks, and one is Uzbek. The Tali- bates and discourse are, quietly
ban are predominantly Pashtun, who make up some but surely, undergoing an almost
40% of Afghanistan’s ethnically diverse population of revolutionary transformation.
40 million. Women and the Hazara Shia minority — While the academic world has
both faced targeted harassment and discrimination long talked about the need for a
‘holistic’ conception of national
when the Taliban were in power in the 1990s — were ex-
security, much of that debate was
cluded completely. Seventeen Ministers are on the UN considered far too esoteric by
sanctions blacklist for terrorists, including the head of practitioners. Today, it is the poli-
the government, Mullah Hassan Akhund, and Sirajud- cymakers and practitioners them-
din Haqqani, the head of the Haqqani Network. Mullah selves that are leading the emerg-
Hibatullah Akhundzada, the Taliban’s reclusive emir, ing consensus on the need to
will be the ‘Amir ul-Momineen’ (commander of the fundamentally reassess our as-
faithful), a title Mullah Omar had assumed in the 1990s. sumptions about national security
thinking.
With the Cabinet portfolios allocated to the Taliban’s
core and the Haqqanis, and introducing a system that Change in the U.S.
resembles the previous Islamic Emirate known for its The U.S. policymakers have start-
disregard for basic human rights, the Taliban have sent ed changing their cognitive lens
a clear message that they care little about what the when it comes to national security
world thinks about them. policy making. A process that was
Today’s Taliban appear to be stronger than their last started by former U.S. President
Donald Trump has been taken for-
avatar. In the 1990s, only three countries recognised
ward with gusto by the Biden Ad-
the Islamic Emirate; the Taliban also never controlled ministration. Asserting that “fo-
the whole of Afghanistan. But now, more regional pow- reign policy is domestic policy and
ers are ready to engage with them, including China and domestic policy is foreign policy,”
Russia. The group has also claimed total control over
the country, with Panjshir, the last holdout, overrun
earlier this week. With the new government, a stronger
LETTERS TO THE EDITOR
Taliban are trying to tighten their grip, though it may
Democracy at stake
not be easy. Ever since Afghanistan became a republic
The recent statement of the
in 1973, no government in Kabul has managed to stabil- Chief Justice of India, that
ise the country. The ethnic, religious and political con- the Government is not
tradictions are too deep to be glossed over by the Tali- obeying Court orders, is
ban’s divisive Islamist Pasthun nationalism. In Panjshir, unprecedented in a
the rebels may have withdrawn to the mountains, like constitutional democracy.
the Taliban did in 2001, but they could regroup and hit It is destructive of
democracy itself because
back like the Taliban did after 2005. The total exclusion
the Constitution has pride
of Shias and marginalisation of other ethnicities could of place for the
blow back in the near term. Afghanistan has also seen enforcement of the
the emergence of a vibrant civil society, especially in its Supreme Court’s orders,
cities, which may not accept the Taliban’s rule of the under Articles 141, 142 and
Mullahs quietly. Already, the crackdown on women’s 144. It is needless to cite,
rights has sparked large-scale protests by women in Ka- much less recite, that the
Supreme Court, under
bul and elsewhere, which was unimaginable in the
those Articles, has ample
1990s. If the Taliban were wise, they would have fo- powers to see that its orders
cused on healing the wounds of the long war and re- are implemented. It is their
building the ruptured state and society. But the Pash- restraint which has led to
tun, Islamist, sectarian Taliban seem programmatically the present state of affairs.
incapable of doing that. Far from lamenting over
the Government not
them should be judged by a basic
question. Will this make life better,
easier, safer, for working families
across this country?”
The U.S. Secretary of State, An-
tony Blinken, too has reiterated
this message in his comments that
“more than at any other time in
my career — maybe in my lifetime
— distinctions between domestic
and foreign policy have simply fal-
len away” and that “our domestic
renewal and our strength in the
world are completely entwined,
and how we work will reflect that
reality”.
Both Mr. Sullivan and Mr. Blin-
ken have taken their cue from
their boss, President Biden, who
had campaigned on a “foreign pol-
icy for the middle-class” and has
been unabashed about the need
for the U.S. “to invest in our peo-
ple, sharpen our innovative edge,
and unite the economic might of
democracies around the world to
grow the middle-class and reduce
inequality and do things like coun-
ter the predatory trade practices
of our competitors and
adversaries”.
There is a growing bipartisan
acknowledgement in the U.S. to-
day that if the requirements of
American national security during
Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
implementing its orders,
the top court should turn
the question to itself.
Therein lies the answer.
The present Government’s
sense of majoritarianism
without any constitutional
direction has led to this
state of affairs. This has to
be corrected. And it is not
too late.
N.G.R. Prasad,
Chennai
Monetising assets
The ‘monetising of public
assets’ carries the risk of
ultimately putting more
wealth in the hands of a
select few in the country. In
fact these buyers are sure to
be utilising the assets only
in the businesses which suit
them the most. It may also
the Cold War could be largely met ic, underscored by Prime Minister defence procurement, providing
by its fleets of bombers, nuclear Narendra Modi himself, has been an impetus to indigenous indus-
missiles, aircraft carriers and over- to reveal how deeply India has tries, aid to civil authorities or Hu-
seas bases, today’s strategic envi- been dependent on Chinese ma- manitarian Assistance and Disas-
ronment requires a different res- nufacturing for critical supplies. ter Relief (HADR) operations
ponse: one that shores up At a time when Indian armed forc- protecting infrastructure, demand
domestic industrial base, helps in es were facing the People’s Libera- for hi-tech military products by
maintaining pre-eminence in criti- tion Army across the Line of Ac- the armed forces spurring entire
cal technologies, makes supply tual Line, this exposed India to a industries, and transportation and
chains for critical goods more resi- new realisation that dependence logistics capacities of the armed
lient, protects critical infrastruc- on overseas supply chains is a na- forces acting as force enablers for
ture from cyberattacks, and res- tional security challenge of the the Government in times of
ponds with a sense of urgency to highest order, one that cannot be emergencies.
climate change. overlooked any more. India has The Army leadership has done
since moved towards shoring up well to highlight the role of armed
Not a novel idea domestic capacities in critical forces in sustaining a broader con-
The idea that foreign and domestic areas and also started looking at ception of national security than
policies are tightly intertwined is free trade agreements through a primarily focusing on war fighting.
not a novel one. All serious grand new lens. As nations across the world recon-
strategic thinking in democracies, The Indian Army chief, General ceptualise their strategic priorities
at the end of the day looks for sus- M.M. Naravane, in his remarks, to bring their ends, ways and
tenance in popular public sup- has also made it apparent that means into greater balance, ques-
port. Mr. Trump’s rise and his views of the military leadership in tions of resource allocation will be-
ideas challenged both the liberals this country are also evolving. He come even more contentious and
and the conservatives in the U.S. has argued that “national security policymakers will need to think
foreign policy establishment as comprises not only warfare and more creatively about the roles of
they underscored the widening defence but also financial security, various instruments of statecraft.
gulf between the policy communi- health security, food security, National security thinking is un-
ty and the American hinterland. energy security and environment dergoing a shift. India cannot be
Mr. Biden and his team have security apart from information left behind.
learned their lessons. Mr. Sullivan security” and suggested that in-
is working towards integrating the stead of viewing national security Harsh V. Pant is Director of Research,
National Security Council with the “primarily from the perspective of Observer Research Foundation, New Delhi
other components of the White an armed conflict, there is a need and a Professor of International
House such as the National Eco- to take a whole-of-government ap- Relations, King’s College London
To read more letters
online, scan the QR code
lead to clandestine Transparency in the spoken Hindi watching
transitions by the buyers of monetisation of assets has children’s serials! Let us their share of plaudits to
such assets who may to be ensured. approach this issue of our country.
‘sublet’ such assets or Brij B. Goyal, learning Hindi with an Srinivasa Sastri made a
properties on perpetual Ludhiana, Punjab open mind. mark at the Round Table
basis to others on which the M.R. Anand, Conferences. That Sastri
Government of India will Learning Hindi Vrindavan, Uttar Pradesh was a spitting image of
virtually have no control. If There are many who would Demosthenes, that
the businesses of these agree with Vice-President Srinivasa Sastri grandiloquent orator and
buyers flop on account of Venkaiah Naidu’s views Teacher’s Day, on peerless patriot, was the
the many global reasons of about the fallout of having September 5, has passed, confirmed opinion of all the
depression, there are opposed Hindi blindly. which also marks the delegates. The Tamil Nadu
chances that banks and Apart from being spoken birthday of government has been
financial institutions could and understood across scholar-statesman Dr. recognising noteworthy
face difficulties. several States, Hindi is the Sarvepalli Radhakrishnan. contributions of the past
The Government of India easiest language to learn. I There is another tall Indian, made by tall citizens, and
must tread carefully by found myself in trouble acclaimed for his oratory can perhaps think of
putting in place a when I moved to and command over the honouring Sastri, who was
regulatory framework so Vrindavan-Mathura from English language, who a walking encyclopaedia.
that private players do not Chennai, being unable to deserves recognition too — Perhaps an academic prize
exploit consumers by communicate in Hindi. Of V.S. Srinivasa Sastri whose in his honour would be
levying irrational charges in course I managed to birthday falls on September ideal.
airports, railway or road overcome the handicap by 22. Mani Nataraajan,
utility projects. acquiring a fair amount of Both sons of India brought Chennai

CM A ND-NDE
YK
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THE HINDU DELHI

FRIDAY, SEPTEMBER 10, 2021

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OPED 7

Why hasn’t marital rape been criminalised in India yet?

PARLEY Parliament and courts have missed opportunities
to bring in changes on this sensitive issue
In 2017, the Supreme Court, in Inde-
pendent Thought v. Union of India,
refused to delve into the question of
marital rape of adult women while
examining an exception to Section
375 (rape) of the Indian Penal Code
(IPC) which allows a man to force
sex on his wife. Recent rulings by
High Courts have been contradicto-
Therefore, the exception to marital
rape in itself is unconstitutional and
violative of Article 14. Further, mar-
ital rape is an affront to the dignity
distinct terms. That is where the la- of the individual, which is protected
cuna in the law lies. Insofar as fixing under Article 21. Just because the
it is concerned, either Parliament nature of the relationship between
may legislate and remove this ex- the victim and the offender is one of
ception, or a constitutional court marriage, it does not absolve a per-
has to strike it down. son of the crime. The argument that
is built around the institution of
Manuraj Shunmugasundaram: marriage and its sanctity needs to
How did we end up here? Partly be- be broken, which is what has hap-
the offence or what is being crimi-
nalised but because of the way that
the functionaries in the criminal jus-
tice system think of these things.
The police, judges, prosecutors and
anyone with whom the complainant
will have to interact — it is they who
are likely to create, either unwitting-
ly or intentionally, barriers in re-
porting and prosecution because in
their minds, consent being pres-
umed within a marriage may per-
severe, even if the law happens to

ry — one backed marital rape as a
valid ground for divorce, while
another granted anticipatory bail
to a man while concluding that for-
cible sex is not an “illegal thing”.
Why do differences persist despite
the Justice J.S. Verma Committee re-
commendation to criminalise mari-
tal rape? Shraddha Chaudhary and
Manuraj Shunmugasundaram dis-
cuss why marital rape has not been
criminalised in India yet, in a con-
versation moderated by Sudipta
Datta. Edited excerpts:
Recent rulings by High Courts
pointing out that any sexual act
between a man and his wife,
even if it involves force, is not
rape perhaps highlights the
Shraddha lacuna in the IPC. Why does a
Chaudhary provision like this exist in the
is Lecturer, Jindal IPC in the first place?
Global Law School,
Sonepat, and Ph.D Shraddha Chaudhary: Section
Candidate (Law), 375 of the IPC defines the offence of
University of rape. It lays down which physical
Cambridge acts are required to make out the of-
fence, and it is a very broad defini-
tion. The second important element
of this definition is consent. Where
these acts are done without the con-
sent of the woman, then the offence
of rape is made out. This is the gen-
eral rule, but there is an exception,
which says that sexual acts by a hus-
band with his wife, if she is 18 years
Manuraj of age and above, would not be
Shunmu- rape. While the rest of the provision
gasundaram is centred on consent, this excep-
is Advocate, tion does not talk about consent at
Madras High Court, all. It creates the legal fiction that a
and spokesperson wife always consents to her hus-
of the DMK band, which in effect means that
her non-consent is irrelevant. It is of
course possible for there to be re-
prieve for rape within a marriage,
but not as rape. If there are physical
injuries, then there can be reprieve
for that separately. Marital rape may
be recognised as a form of cruelty, it
Scan the QR code to may be a ground for divorce, but it
listen to the full is not punished as rape, which is a
interview online very distinct wrong and has very
cause we inherited an IPC prior to
the enactment of the Constitution,
but that doesn’t absolve us of the
deficiencies in the present legal
structure and ‘legal fiction’, as Ms.
Chaudhary says. The so-called mar-
ital rape immunity or the exception
to rape, as we have structured it in
our penal code, has been done away
with in other jurisdictions, and
rightly so. Marital rape today exists
in a very unique sort of stratosphere
wherein it can be a ground for cruel-
ty and therefore, for divorce under
the personal laws, but it will not ren-
der the offender guilty of the of-
fence itself.
Where does the fault lie?
SC: Primarily, it should have fallen
on Parliament to legislate and re-
move this exception. But we should
also keep in mind that courts have
noted the cruelty of this exception
and they have acknowledged its
problems. They have not gone on to
strike it down entirely. As far as Par-
liament is concerned, it is quite
common to leave to the court legis-
lation that may not give very good
political returns. We saw this with
Section 377 as well. It had to be
struck down by the court finally.
Why were the Justice J.S. Verma
Committee recommendations
on marital rape not adopted
when the criminal law was
amended in 2013?
MS: Parliament did miss an oppor-
tunity to enact changes, as recom-
mended by the Justice Verma Com-
mittee. The official response was
that they wanted further discus-
sions around marital rape laws be-
fore they could enact it because it
involves other questions of law as
well. There might be some element
of truth to that, but it exposes a vul-
nerability to issues that may not
have political mileage or in fact may
have other political ramifications.
RAO G.N.
pened in other jurisdictions around have changed.
us. Once we realise that, our society
will have no choice but to remove Would you agree that social
The Supreme Court missed a fantas-
tic opportunity to go into these mat- > We
< need to show that it is
as absurd to ask for
the marital rape exception. structures that justify violence
against women pose a
ters in the Independent Thought protection of a husband SC: We can also learn from the ex- challenge to the
case in 2017. Under Article 142, the from marital rape as it is to periences of countries which have implementation of laws on
Supreme Court has powers almost ask for protection of a criminalised marital rape. It did not rape. Even if laws are amended,
equivalent to that of a lawmaking family member from child lead to a witch-hunt against hus- have mindsets changed?
power. Like with the Navtej Johar sexual abuse. bands and definitely not to the des-
case (2018) when the Supreme truction of marriage. There are so- MS: Societal change is very impor-
Manuraj Shunmugasundaram
Court missed an opportunity to pro- cio-economic differences between tant. It is not only patriarchy or mis-
vide the entire spectrum of civil which women had no rights after India and some of the countries that ogyny that needs to change, we
marital inheritance rights to non- marriage, their rights were to be ex- have criminalised marital rape. I need to challenge notions about the
heterosexual couples, the Supreme ercised by their husbands, so they was reading that the government sanctity of marriage. We need to
Court equally missed an opportuni- were completely reduced to the sta- has used that as well as a rationale check ourselves every time we in-
ty during the course of the Indepen- tus of chattel, of property. against criminalising marital rape, dulge in blaming the victim. We also
dent Thought case to extend its re- saying that the poverty, illiteracy need to challenge our conservative
mit to look at all forms of marital Judgments of courts around the and diversity in this country make mindsets when it comes to discuss-
rape and not only that restricted to world, such as the European the issue complex. But we need to ing sexual offences or offences that
women below 18 years. Court of Human Rights, have question to what extent these fac- take place within the family. Just go-
stressed on the offence and tors map on to criminalising marital ing back to POCSO, till date, such
When the Supreme Court was violence of rape, rather than rape, and to what extent we can let crimes are largely under-reported,
reading down the exception to the relationship between the them hamstring us. because most of the abuse is within
Section 375, shouldn’t it have perpetrator and the victim. To the family.
afforded the same protection to what extent are these What are the hurdles in
adult women as well? developments relevant to reporting and prosecuting a SC: There have existed certain pow-
India? crime like marital rape? er structures in our society, typical-
SC: The court made the conscious ly based on caste and gender. When
decision to restrict itself to the ques- MS: They are extremely relevant in MS: Most acts of sexual violence are these power structures are chal-
tion of minors. The case was framed terms of how our own jurispru- away from eyewitnesses, and to lenged by laws, the rhetoric of mis-
as a question of parity between the dence could evolve in the coming lead evidence is a challenge in itself. use comes in. That is the strongest
IPC on the one hand and the Protec- years. We have seen how LGBTQ ju- I don’t see why marital rape should kind of weapon operationalised
tion of Children from Sexual Offenc- risprudence over the last 15 years in be more difficult to report or prove against the implementation of such
es (POCSO) Act, 2012, on the other. I other countries has impacted to in court than any other sexual of- laws. It’s important to counter such
am sure a lot of constitutional com- some extent how India’s own juris- fence. The POCSO Act has been an narratives as well as to establish that
mentators will talk about the merits prudence from Navtej Johar has important step in ensuring that misuse is extremely unlikely. We
of judicial restraint, and there is an changed with regard to LGBTQ there is justice for child sexual must believe victims, complainants,
argument to be made for that. rights. Ultimately, the recognition of abuse victims. Now we know that and [see this] hullabaloo of misuse
The issue is sensitive and can be the perversity of the marital rape most offenders of child sexual abus- as a red herring. We need to counter
controversial because a lot of peo- exception must come from within. es are within the family, but we this [misuse argument] strongly in
ple, including educated, seemingly For that we only need to look to- don’t give them immunity, right? politics, judgments, civil society.
liberal people, still believe that cri- wards Article 14. The most compell- We don’t say there’s an institution of
minalising marital rape will some- ing argument in support of the mar- family, so let’s protect offenders MS: The roadmap is readily availa-
how threaten the ‘institution of ital rape exception as it is prevalent who are within the same family. We ble for either the constitutional
marriage’ and will become some in our statute today is that the insti- need to show that it is as absurd to courts or Parliament to act on this.
sort of a witch-hunt against hus- tution of marriage is sacrosanct and ask for protection of a husband We need to frame the discussion
bands. These arguments channel that it should not be disturbed. But from marital rape as it is to ask for around rape as an offence against
the Victorian morality of the IPC, the Constitution places no impor- protection of a family member from bodily integrity and we need to em-
which we have tried to counter but tance on any particular institution; child sexual abuse. phasise the importance of the rights
have not quite done it fully, or as the Constitution is unequivocal in of the individual, as laid down in Ar-
well as perhaps we would have liked the significance given to the indivi- SC: The marital space does create ticle 14. We need to tell people that
to. That morality also captured the dual. A person deserves equality, issues in reporting and prosecuting every act must be protected with
common law of coverture, under equal protection and autonomy. crime — not because of the nature of consent.

CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

Where are the programmers?

CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

Inadequate teaching has given rise to an aversion
of programming across campuses
James K. Varkey
Every year, lakhs of youngsters grad-
uate with computer science, compu-
ter application and engineering de-
grees from Indian universities. A few
years ago, Aspiring Minds created a
stir when it published a report that
stated that 95% of engineers were not
fit for software development jobs.
The report said only 1.4% of them
could write functionally correct
code. Computer programs are the
foundation of applied computer
science, and writing them is an im-
portant skill for students to have. Ev-
ery IT company in India looks for
fresh graduates with programming
skills. Since the companies are con-
vinced that new computer science
graduates don’t have these skills,
they screen them for logical reason-
ing/aptitude tests and train them in
programming languages.
Missing programming culture
The problem is that new graduates
are often afraid of programming or
lack the right understanding of basic
concepts. The aversion to program-
ming is so prevalent in campuses that
even graduates with high marks pref-
er to move to non-programming ca-
reers with lower salaries. Thousands
of talented students drift away from
highly rewarding programming ca-
reers because of poor teaching of
programming. Except some elite in-
stitutions, the faculty in computer
science departments of a majority of
the colleges do not put their know-
ledge to use, to solve real-life pro-
blems. They may have graduated
with excellent academic credentials,
but they lack expertise in program-
ming. The faculty memorise pro-
grams and then go on to teach their
students the same method. As a re-
sult, over the last two decades, sell-
ing graduate-level computer science
projects has become a parallel indus-
try. Students buy ready-made pro-
jects for a fee from marquee insti-
tutes to submit to the university as
bonafide projects.
We need computer science faculty
with good programming skills. They
need to be comfortable explaining or
teaching computer science concepts
using any computer language in the
CM
YK
DATA POINT
FROM THE ARCHIVES
FIFTY YEARS AGO SEPTEMBER 10, 1971
classroom. For example, data struc-
Demand for independence
ture and algorithms (ds-algo) must be The Awami League and four other political
taught along with a programming parties of Bangla Desh have declared that
language, not just as a separate theo- nothing short of total independence would
ry. A minimum of three years of soft- satisfy the fighting people of Bangla Desh. At
ware development experience for fa- a two-day meeting which concluded at Mu-
culty should be made mandatory. jibnagar last night, the parties also set up a
The college management or even the joint consultative committee to advise the
government could step in and incen- Bangla Desh Government on the liberation
tivise or bear the cost of this expe- struggle, according to a Bangla Desh Govern-
rience. If the faculty are well-versed ment press release here to-day [Calcutta,
with programming language and September 9]. The members of the commit-
coding, the students will pick up tee are Maulana Bhashani (National Awami
these skills easily in the classroom. Party), Prof. Muzaffar Ahmed (National Awa-
And then programming will become mi Party Wali Muzaffar group), Mr. Moni
the default culture and language in Singh (Communist Party of Bangla Desh),
computer science classrooms and we Mr. Manoranjan Dhar (Bangla Desh National
will have excellent programmers. Congress), Mr. Tajuddin Ahmed, and Mr.
Before the first year of graduation Khandaker Moshtaque Ahmed, Prime Minis-
class begins, students can be asked to ter and Foreign Minister respectively of the
complete assignments on platforms Bangla Desh Government, and two other
like ‘Scratch’ from MIT. A week’s members of the Awami League. The meeting
crash course in a simple scripting lan- by a resolution expressed indignation and
guage like Python can be taught be- anguish at the illegal detention of Sheikh
fore the first semester starts, so that Mujibur Rehman by the West Pakistan army
programming can be used while junta.
teaching computer science concepts
in the classroom. Nowadays, eve- A HUNDRED YEARS AGO SEPT. 10, 1921
ryone has a laptop. For programming
languages and related subjects, the Charka madness
program needs to be written and exe-
cuted in the classroom on every stu- The cult of the Charka which Mahatma
dent’s laptop while theory is being Gandhi has been preaching with so much
taught, not in a separate laboratory. warmth and insistence and the acceptance
Programming assignments must be of which he considers essential to our polit-
given frequently. These should be ical regeneration has been a veritable buga-
checked into some cloud repositories boo to a section of our countrymen. They
like GitHub. have been unable to find any justification,
political, economic or artistic, for a return to
Benefiting both parties the primitive methods of spinning and weav-
If students are guided this way, com- ing consequently fight shy of the whole non-
panies would be more than happy to co-operation movement because it imposes
take these students as interns. These what they believe to be an absurd condition.
students can assist their develop- We have before tried to show, in the light of
ment team. This industry-academic our past history and present conditions,
partnership will benefit both parties, why the charka has had to be given so promi-
as industry funds academic research nent a place in the non-co-operation pro-
to solve the latest real-life problems gramme, and we reproduce below an ex-
and academia provides employable tract from the current issue of “Capital” in
and productive graduates to indus- order to convince the sceptics of the practi-
try. Once the right programming cul- cal utility of the Charka as a political wea-
ture is inculcated in campuses, it will pon. Our contemporary writes: “In this pe-
unleash the huge human technologi- riod, the total value of the imports of cotton
cal potential of India and help the manufacturers, including twist and yarn, in-
country become the technological to all India was in 1920, Rs. 36 crores odd;
superpower of the coming decade. whereas in 1921 it was Rs. 16 crores odd, or
less than half. Bengal’s share decreased from
James K. Varkey is an IT Professional Rs. 14,73,18,381 in 1920 to Rs. 8,62,60,588;
(Architect) with more than 20 years of Bombay’s share from Rs. 17,15,88,624 to Rs.
experience in the IT industry 5,94,50,913...”
A ND-NDE







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