Details about the Status of Adultery in India and Economic consequences of air pollution

Status of Adultery in India

Why in news?

The Union of India has sought clarification from the Supreme Court regarding the applicability of its ruling on Adultery to the armed forces.

• Earlier, The Supreme Court has struck down as unconstitutional, the 158 year old Section 497 of the Indian Penal Code, which criminalizes adultery.

• The five-Judge Bench led by Chief Justice of India Dipak Misra also declared Section 198 of the Criminal Procedure Code as unconstitutional, which deals with the procedure for filing a complaint for the offence of adultery. According to this, the husband alone could complain against adultery while an adulterous man’s wife had no such right
• The Court has recently held that in Joseph Shine it ‘was not at all concerned with the effect and operation of the relevant provisions’ and ‘it is not as if this Court approved of adultery

Important Judicial judgements on Adultery:

• The Indian Penal Code, 1860: Section 497 of the IPC dealt with adultery until it was struck down by the Supreme Court in 2018.
• Yusuf Aziz v. State of Bombay (1954): The case upheld the constitutional validity of Section 497 of the IPC, stating that the law did not discriminate against men and that the adultery law protected the sanctity of marriage.
• Sowmithri Vishnu v. Union of India (1985): The Supreme Court held that Section 497 of the IPC was violative of Articles 14 and 15 of the Constitution of India, as it only criminalized sexual intercourse with a married woman without the consent of her husband and did not punish women for adultery.
• V. Revathi v. Union of India (1988): In this case, the Supreme Court held that Section 497 of the IPC was discriminatory against women and violated the Constitution of India and observed that adultery is a private matter between adults and the state has no business to interfere.
• Joseph Shine v. Union of India (2018): The Supreme Court in this case declared Section 497 of the IPC unconstitutional and struck it down holding that the provision was archaic and violated the fundamental right to equality and personal liberty enshrined in the Constitution.

How to improve the situation of adultery in India?

• About: Improving the situation of adultery in India is a complex issue that requires both legal and social solutions. Here are some possible steps that could be taken:
• Legal reforms: The laws governing adultery in India have been widely criticized as being archaic and outdated which can be reformed to make it more equitable, with equal punishment for both men and women, and with provisions to prevent the misuse of the law.
• Gender equality: Adultery is often seen as a crime committed by men against women, but women can also be perpetrators of adultery which can be reduced by empowering women.
• Education and awareness: Educating people about the importance of fidelity and the negative consequences of adultery could help to reduce its occurrence through schools, community organizations, and the media.

Way forward:

• The decriminalisation of adultery comes soon after the Supreme Court judgment that read down Section 377 of the IPC to decriminalise homosexuality, thereby enabling diverse gender identities to be unafraid of the law, is a positive and a progressive development.
• However, it is a matter of concern that refreshing the statute books is being left to the judiciary, without any proactive role of Parliament in amending regressive laws.
• The provisions such as Section 497 or Section 377 should have been addressed by the Parliament in its legislative responsibility through debates and discussions.

The recent ruling of the Supreme Court of India clarifying the application of adultery laws in the armed forces highlights the need for a clear nexus between the adulterous act and the professional duties of the personnel.

While adultery has been decriminalized in India, it is still considered a moral and civil wrong, and a ground for securing dissolution of marriage.

The government and armed forces should now focus on establishing guidelines and protocols to ensure that personal conduct does not affect the professional duties of their personnel, while respecting their private space and individual rights

Economic consequences of air pollution

Why in news?

• As the pollution level increases in both Delhi and Mumbai, studies have shown a direct and serious impact of air pollution on GDP growth and per capita income levels.

• The focus of this year’s World Cities Day, celebrated on 31st October, was on “Financing Sustainable Urban Future for All.” The aim is to ensure that finances are directed towards addressing the challenges posed by flawed urbanization, ultimately creating livable and safe cities. It is alarming to note that air pollution alone is responsible for reducing our life expectancy by more than 10%. This emphasizes the urgent need to tackle this issue and prioritize the well-being of urban populations.

Recent Issues:

• Footfall in Mumbai’s Linking Road shopping district dropped by 5% during the highly polluted period between November and January
• A rooftop solar company reported a 13% decrease in the productivity of its solar panels on high pollution days, thereby reducing economic viability for solar in India
• Employees at Bengaluru’s tech hub, Whitefield Corporate Zone, reported an 8-10% reduction in productivity at work

Impact of Air pollution on Economy:

• Air pollution has a direct, and a particularly debilitating impact on GDP growth and per-capita income levels by way of reduced worker output, lower consumer footfall in consumption-led services, hampered asset productivity, and a surge in health expenses and welfare allocations, especially in the productive age groups.
• The Reserve Bank of India’s Department of Economic and Policy Research (DEPR) said in its latest report on Currency & Finance 2022-23 that up to 5% of India’s GDP could be at risk by 2030 due to lost labour hours from climate change issues, including extreme heat and humidity.
• If the impact of recurrent annual cycles of pollution in key manufacturing and services hubs is added to that estimate, the drain on economic productivity is far higher.
• A first-of-its-kind report from Dalberg Advisors, in partnership with Clean Air Fund, Blue Sky Analytics, and the Confederation of Indian Industry, had estimated that air pollution entailed costs of about $95 billion annually for Indian businesses, which is about 3% of India’s GDP

What are the Primary Reasons behind Air Pollution in India?

• Excessive Motorized Transport: Motorized transport, such as cars and commercial vehicles, is a major contributor to urban pollution. It is estimated to be the cause of 60% of urban pollution due to vehicular emissions.
• India’s automobile market has risen in value from $100 billion and is expected to touch almost USD 160 billion by 2027, registering a growth of 8.1%.
• Road Expansion and Traffic Congestion: The focus on widening roads to accommodate more vehicles while ignoring increasing traffic congestion leads to higher pollution levels. Traffic snarls and inefficient road planning contribute to pollution.
• Construction Activities: Construction activities are responsible for approximately 10% of air pollution in certain regions. The lack of monitoring and control over construction emissions, along with inadequate enforcement of standard operating procedures, contributes to pollution.
• Burning of Paddy Straw (Parali): While not the primary source of pollution, the seasonal burning of paddy straw, particularly in Haryana and Punjab, exacerbates smog and particulate matter pollution during North India’s winters.
• Inadequate Green Spaces: The green lungs of the cities, water bodies, urban forests, green cover on urban commons, and urban agriculture have all reported shrinkage, even as “gray” infrastructure has seen rapid expansion.
• Gray infrastructure refers to structures such as dams, seawalls, roads, pipes or water treatment plants

What are the Consequences of Air Pollution in India?

• Health Impacts: Air pollution is a significant cause of death in India, with about 1.67 million people dying in 2019 due to air pollution. The pollution-related deaths accounted for 17.8% of all deaths in the country in 2019.
  • The health impacts of pollution include respiratory infections lung diseases, Chronic Obstructive Pulmonary Disease, asthma bronchial infections, cardiac arrest, and gastrointestinal problems.
  • Respiratory infections are also the third or fourth highest mortality factors in India.
  • Fine particulate air pollution (PM2.5) shortens an average Indian’s life expectancy by 5.3 years, relative to what it would be if the World Health Organisation guideline was met

• Inequality: Poorer households in India are bearing a disproportionate impact from pollution caused by others. Low-income groups, despite not producing a lot of air pollution directly because they don’t consume much, are facing a disproportionate impact of air pollution from other sources.
• Environmental impacts: Pollution takes many forms in India, including the use of poorly ventilated stoves and open fires for cooking inside dwellings. India is the world’s 8th most polluted country, and fine particulate air pollution (PM2.5) is the greatest threat to human health in India. 39 of the 50 most polluted cities in the world are in India

What Measures should be taken to Control Air Pollution?

• Alternative Strategy of City Building: There is a compelling need to have an alternative strategy of city building, where the focus is on more public transport, having secure pedestrian paths and bicycle lanes with the creation of a post of bicycle officers.
  • Promote Public Transport: There needs to be good public transport, with investment in buses for towns and cities. It is estimated that nearly 10 lakh buses would need to be added to the existing bus fleet in cities to meet the demands of urban mobility.
    • There must be firm initiatives that emulate the Jawaharlal Nehru National Urban Renewal Mission.
• Control of Private Vehicles: Strong steps need to be taken to control private motorized vehicular movement in the cities. A congestion tax being levied on private car owners driving during peak hours can be thought of. Likewise, an odd number-even number plate formula can be another important intervention.
  • Some cities have a no-car day on certain days — an example that should be put into practice by those in power and with influence.
  • For Example, World Car Free Day is celebrated annually on 22nd September to encourage the use of alternative modes of transportation.
• Zero Acceptance of Industrial Pollution: There should be zero acceptance of industrial pollution and real-time monitoring must become a reality. There must be street supervision by residents instead of waiting for the statutory bodies to react, which urban local bodies can ensure.
• Preservation of Urban Commons: Urban commons (ponds, water bodies, urban forests, parks, playgrounds) are another major area that should not at all be allowed to be taken over by either public or private bodies for private gains. Urban communities must protect, nurture and expand them.
• Incorporating Ecological Wisdom in Urban Planning: Incorporating ecological principles into urban planning, as advocated by Ian McHarg’s “Designing with Nature,” can help create more sustainable and environmentally friendly cities. This involves considering the natural environment, open spaces, and afforestation within the city.
• Promote Public Awareness and Participation: Raise public awareness about the sources and effects of air pollution and integrate pollution guides and standard operating procedures into the daily lives of city residents.

Way forward:

India must urgently address air pollution through measures like better public transportation, stricter industrial emission controls, sustainable urban planning, and public awareness to ensure a cleaner, healthier, and more sustainable future for all. The need for action is pressing.