6 September 2023 : The Hindu Editorial Notes PDF
The Hindu Editorial
6-September-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
1. Decoding the Nyaya Sanhita Bill
Topic: GS2 – Indian Polity.
Introduction
The Bharatiya Nyaya Sanhita Bill, introduced in the Lok Sabha, is a significant legislative proposal aimed at reforming the Indian penal code, criminal procedure, and the Indian evidence act. This ambitious endeavor seeks to “decolonize” the Indian justice system, addressing a long-standing need for reform. While the government’s initiative is commendable, it is essential to strike a balance between reform and accountability.
The Importance of Deliberation
Penal law-making and reform are matters of utmost importance and should be approached with careful deliberation. Such reforms require deep consideration and empirical validation to ensure that they achieve their intended objectives. Rushing into changes without adequate research and analysis can lead to unintended consequences.
Substantive vs. Procedural Laws
It is crucial to recognize the distinction between substantive and procedural laws. Substantive laws define criminal offenses and specify the corresponding punishments, while procedural laws govern the enforcement agencies responsible for ensuring safeguards and due process. Effective reform efforts must address both aspects separately to maintain the integrity of the justice system.
Instrument for Actualizing Interests
Penal laws serve as instruments for actualizing and propagating a wide variety of interests in line with the constitutional vision and dominant ideology. Identifying which interests require protection and priority is a democratic process that must involve careful consideration and public participation.
The Need for Public Participation
One of the key reasons for the replacement of colonial-era penal laws is their lack of participation from the people they are meant to govern. These laws often imposed foreign ideas and values on the Indian populace. Therefore, any meaningful reform should include a wide and diverse debate that incorporates the perspectives of the governed. In doing so, we can aspire to achieve the “uniformity when you can have it, diversity where you must have it, but in all cases certainty” envisioned by Thomas Babington Macaulay.
Social Audit of Undesirable Behavior
Reforming penal laws involves encroachments on liberties and freedoms. To navigate this delicate balance, we must empirically analyze shifts in societal perceptions of behavior considered undesirable. A recent example is the evolving view of attempted suicide, now regarded as a mental health concern rather than a criminal offense. Conducting a comprehensive social audit is essential to determine what constitutes undesirable behavior.
Addressing Emerging and Serious Crimes
While reform is necessary, it is equally important to ensure that serious and emerging crimes are effectively addressed. Special penal laws and composite laws can provide a more focused approach to handling such cases, as suggested by the Malimath Committee.
Prioritizing Offenses Against Women and Children
The proposed penal law rightly prioritizes offenses against women and children, in line with constitutional provisions. However, specific aspects, such as the definition of rape within marital relations, need careful consideration to align with contemporary values and gender equality.
Departures from Colonial Schemes
The Bill represents a departure from the colonial chapter scheme, reflecting a shift in priorities. Placing bodily interests ahead of offenses against the state underscores changing perspectives on societal values.
Conclusion
The Bharatiya Nyaya Sanhita Bill is a significant step toward modernizing and reforming India’s justice system. While the government’s initiative is commendable, it is crucial to strike a balance between reform and accountability. Careful deliberation, public participation, and a comprehensive social audit of behavior considered undesirable are essential elements of meaningful reform. In the pursuit of a just and equitable society, we must ensure that our penal laws reflect the evolving needs and values of our nation.
Source: https://www.thehindu.com/opinion/op-ed/decoding-the-nyaya-sanhita-bill/article67273669.ece
2. The implications of the expansion of BRICS
Topic: GS2 – International relations.
Introduction:
The recent expansion of the BRICS grouping, which now includes six new members—Iran, Saudi Arabia, the United Arab Emirates (UAE), Egypt, Ethiopia, and Argentina—marks a significant development in the realm of global geopolitics and economics. This expansion has raised several questions about its implications for the international order, the relevance of BRICS, and the evolving dynamics of international cooperation. In this article, we aim to explore the nuances of this expansion and its potential impact on regional and global affairs, emphasizing the need for a balanced perspective.
A United Front Against Western Dominance
Since its inception, BRICS has been united in its dissatisfaction with the Western-dominated international institutions that emerged post-World War II. Institutions such as the World Bank, the International Monetary Fund (IMF), the United Nations, and the World Trade Organization have come under scrutiny, with BRICS members advocating for reforms to better accommodate emerging economies. The group’s Johannesburg Declaration emphasizes their commitment to achieving “a more representative, fairer international order.”
Economic Clout and Energy Sector Dominance
With the inclusion of new members, BRICS will now represent 46% of the world’s population and account for a substantial portion of the global GDP. While the expansion enhances the economic clout of the grouping, it has a particularly significant impact on the energy sector. The collective contribution of BRICS members to global oil production is set to rise significantly, reflecting the importance of energy security in the expanded alliance.
Geostrategic Significance
The new members, particularly those from West Asia, hold considerable geostrategic importance. Saudi Arabia, the UAE, and Iran are already deeply connected to BRICS members, with significant energy ties. Egypt and Ethiopia, located in the strategically vital Horn of Africa and the Red Sea region, further enhance BRICS’ regional reach. Argentina’s inclusion brings Latin America into the fold.
Intra-BRICS Cooperation and Political Stance
Despite criticism from some Western quarters, BRICS meetings have consistently produced consensual declarations and have expanded their areas of interest over the years. While advocating for global reforms, the group’s primary focus remains on intra-BRICS cooperation and outreach to other developing nations. The Johannesburg Declaration reflects shared views on political issues such as the centrality of the United Nations, regional conflicts, and global terrorism.
Strategic Autonomy in a Multipolar World
BRICS members reject the notion of a new Cold War or binary divide, emphasizing their commitment to asserting their strategic autonomy in a multipolar world. They demand recognition and representation in international forums and aspire to reshape the global order.
Conclusion
The expansion of BRICS represents a significant development in the evolving global landscape. It challenges the Western-dominated international order, advocates for reforms, and asserts the strategic autonomy of emerging economies. As BRICS grows in influence and significance, its role in shaping the future of international relations cannot be underestimated. A nuanced understanding of this expansion is essential to grasp its full implications for global affairs.
3. Infrastructure development in the hills cannot be the same as in the plains.
Topic: GS2 – environmental conservation.
Context:
- Recent floods in northern India have raised concerns about the region’s vulnerability to natural disasters.
- A suggestion by a Bench headed by Chief Justice of India D.Y. Chandrachud led to the proposal of setting up a 13-member technical committee to study the carrying capacity of the Himalayan region.
- “Carrying capacity” refers to the sustainable population that an ecosystem can support without degradation.
Degradation of Himalayan ecosystem – And development:
- The Himalayan States face a challenge in balancing population growth, infrastructure development, and the fragile geography of the region.
- Previous attempts to address these issues, such as the appointment of expert committees after the 2013 Uttarakhand floods, faced limitations in influencing sustainable development.
- The proposal to study carrying capacity is not new, as guidelines for this assessment were circulated among Himalayan States in 2020.
- The conflict between infrastructure development and ecological sustainability in the hills has been highlighted by incidents like land subsidence in Joshimath and unexpected deluges in Himachal Pradesh.
- The article emphasizes that infrastructure development in the hills must consider sustainability and risk reduction or designate certain regions as no-go zones.
- Political opportunism has hindered decisions regarding ecologically sensitive areas in the past, but scientific evidence now demands decisive action.
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