The Marital Rape Exception (MRE) of the Bharatiya Nyaya Sanhita, 2023, states that sexual intercourse by a man with his wife over eighteen is not classified as rape. This provision is being challenged in the Supreme Court of India as potentially violating constitutional rights, with the Centre filing an affidavit in its support.

Key Arguments Presented by the Centre

• Expectation of Sexual Access: The Centre argues that marriage creates a “reasonable expectation of sexual access,” which distinguishes marital interactions from those with strangers or non-marital partners. 
  • However, this notion raises concerns about its vagueness and whether “reasonable access” is subjective or objective .
• Institution of Marriage and Concerns of Misuse: The affidavit claims that recognizing marital rape as a crime could undermine marriage and lead to false allegations. 
  • Critics argue there is no evidence to support this claim. They emphasize that if a marriage relies on the acceptance of rape, it calls for necessary reforms. 
  • While misuse of laws can occur, it does not diminish the importance of the law itself .
• Jurisdiction and Legal Issues: The Centre maintains that marital rape should be addressed as a social issue by Parliament, not as a legal issue for the courts. 
  • However, the interaction of Articles 14 and 21 suggests that it is indeed a legal matter. The Supreme Court has the authority to evaluate the constitutionality of the MRE and potentially invalidate it if it violates fundamental rights.

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Conclusion

The Centre’s affidavit presents familiar arguments supporting the Marital Rape Exception, yet their legal merit is questionable. The judiciary has the authority to evaluate the MRE’s constitutionality and its alignment with fundamental rights, which carries significant implications for society and India’s legal framework.

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Recently, Victor Ambros and Gary Ruvkun were awarded the 2024 Nobel Prize in Medicine for their groundbreaking discovery of microRNA and its pivotal role in post-transcriptional gene regulation, which has significantly advanced our understanding of gene expression and regulation.

MicroRNA 

• MicroRNA are molecules that help cells control their protein production. 
• The proteins that cells produce play vital roles in almost all biological processes of living organisms. 
• In human bodies, for example, the protein haemoglobin transports oxygen, insulin helps absorption of glucose from blood, etc. 
• Thus, anything that impacts protein production can have consequences for human health.

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Mechanism of Action

• Binding to mRNA: MicroRNA attaches itself to another molecule called messenger RNA (mRNA) in the cell’s cytoplasm. 
• Function of mRNA: Normally, mRNA is responsible for carrying the instructions from DNA to make proteins. 
• Regulation of Protein Production: However, when microRNA binds to mRNA, it can change what happens next.
  • Instead of mRNA being quickly turned into a protein, the microRNA can either mark the mRNA for destruction—so its parts can be reused—or it can let the mRNA sit around for a while before it’s translated into protein later on.

Thus, MicroRNAs function like a traffic light, determining whether a protein will be produced or not, thereby playing a vital role in cellular function and gene regulation.

Also Read: Nobel Prize 2024 Winners List

Role of Ambros and Ruvkun 

• Victor Ambros and Gary Ruvkun conducted their groundbreaking research on microRNA by studying the tiny roundworm Caenorhabditis elegans (C. elegans), which shares cell types with more complex animals. 
• Their investigation focused on two mutant strains of these worms, lin-4 and lin-14, which exhibited defects in the timing of genetic program activation during development.
• The researchers studied how the lin-4 and lin-14 genes functioned under normal conditions. 

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Key Findings  

• Identification of MicroRNA: Through their experiments, they found that the lin-4 gene controls the lin-14 gene by producing a very short RNA molecule. This short RNA molecule is known as microRNA. 
• Regulation Mechanism: Ruvkun showed that lin-4 does not stop the lin-14 gene from making mRNA. 
  • Instead, it regulates the process later on, specifically by shutting down the production of the protein that lin-14 would normally create.
  • This means that while the mRNA might still be present, the microRNA can prevent the cell from making the protein that it encodes.

Importance of Their Work

The discovery of microRNA by Ambros and Ruvkun is significant for several reasons:

• Understanding Gene Regulation: MicroRNAs play a crucial role in gene regulation.
  • Disruptions in this process can lead to serious diseases, including cancer, diabetes, and autoimmunity. 
• Connection Between Genes: Their work established the connection between the lin-4 and lin-14 genes, shedding light on the complex mechanisms of gene expression and regulation.
• Research Opportunities: This discovery has opened new avenues for research, enabling scientists to explore the role of microRNAs in various diseases and develop potential therapeutic strategies for tackling these conditions.

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Conclusion

The groundbreaking discovery of microRNA by Victor Ambros and Gary Ruvkun has profoundly advanced our understanding of gene regulation, with significant implications for human health and disease.

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Prime Minister Modi’s recent participation in the Quad Leaders Summit highlights India’s efforts to strengthen Indo-Pacific security and its role as a global peacemaker, while rebalancing its foreign policy to maintain strategic autonomy amid changing global dynamics.

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India’s Aspirations and Initiatives

India has been actively pursuing a diplomatic balancing act through multiple engagements with major global powers.

• Strategic Interests in the Indo-Pacific: India’s participation in the Sixth Quad Leaders’ Summit highlights its aim to strengthen security cooperation among Quad nations.
  • This collaboration is focused on maintaining a rules-based order in the Indo-Pacific to counter challenges from revisionist powers. 
• Balancing Relations with China: India is actively managing its complex relationship with China, as evidenced by National Security Adviser Ajit Doval’s discussions with Chinese Foreign Minister Wang Yi. 
  • These talks underline India’s commitment to resolving military tensions along the Line of Actual Control (LAC).  
• Global Mediation Role: Doval’s recent interactions with the Russian President illustrate India’s aspirations as a global peacemaker. 
  • By proposing Modi’s Ukraine peace plan, India seeks to position itself as a mediator in international conflicts, thereby enhancing its diplomatic profile. 

Associated Geopolitical Challenges

• Russia-China Relations: The strengthening military and economic ties between Russia and China present significant security challenges for India. 
  • China’s increasingly aggressive actions along the Himalayan borders heighten these risks, necessitating India to carefully navigate its diplomatic strategies to safeguard national interests. 
• Diplomatic Scrutiny Over Russia-Ukraine Conflict: India’s continued purchase of discounted Russian oil amid the Russia-Ukraine conflict has raised eyebrows among Western nations, leading to scrutiny regarding its commitment to global norms.
• Perception of the Quad by Russia: While the Quad aims to counter Chinese aggression, Russia views it as a Western alliance, raising concerns over India’s close ties with Moscow. 
• • India seeks to maintain a balanced relationship with Russia to navigate this geopolitical landscape.
• Navigating Quad and BRICS Dynamics: India seeks to participate actively in both groups; however, the growing dominance of China within BRICS, contrasted with Russia’s influence, complicates India’s efforts to maintain a balanced foreign policy amidst competing interests.
• Role as Mediator: India may not become a mediator in global conflicts due to a lack of leverage to compel compliance, unlike the U.S. or UK.    

Way Forward

• Pragmatic relation with Russia: As global dynamics shift, India must adapt its foreign policy to prioritize pragmatism and current geopolitical realities.
  • The absence of a guaranteed Russian backing in contemporary conflicts necessitates a reassessment of this long-standing partnership, as past support does not ensure future alignment. 
• Strategic Partnership with the U.S.: India’s relationship with the U.S. is becoming increasingly crucial, especially in light of the structural challenges in India-China relations. 
  • This includes security issues along the LAC, territorial issues, Chinese naval presence in the Indian Ocean Region, and the China-Pakistan Economic Corridor (CPEC). 
• Mediation: India can effectively serve as a facilitator, encouraging dialogue, or as an interlocutor, actively listening to both sides to promote understanding and cooperation.

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Conclusion

India must recalibrate its foreign policy to embrace a pragmatic approach that reflects evolving global dynamics. By strengthening ties with the U.S. while managing its historical relationship with Russia, India can navigate complex geopolitical challenges, bolster its strategic interests, and enhance its role as a global mediator in the Indo-Pacific region.

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