9 September 2023 : The Hindu Editorial Notes PDF
The Hindu Editorial
9-September-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
1) An overhaul, the criminal law Bills, and the big picture
Context:
- The central government introduced three Bills in Parliament in August called the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and the Bharatiya Sakshya (BS) Bill, 2023 which are to replace the existing Indian Penal Code, 1860, the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act, 1872, respectively.
The Bharatiya Nagarik Suraksha Sanhita
Explicit Provision for zero FIR
- There is an explicit provision in the BNSS on the registration of a cognisable offence in any police station, irrespective of the area where the offence is committed.
What is zero FIR?
- Though this practice (known as recording first information report, or FIR at Zero) has been in use for many years now, its formal inclusion in the BNSS may help complainants get their cases registered as a matter of right without running around.
Provision for Preliminary inquiry:
- At first sight even if cognizable offense punishable with more than three years but less than 7 years occurs then BNSS has provision to conduct preliminary inquiry.
- Lalita Kumari vs Govt of UP (2019): Police has no option but register FIR after information collected in investigation disclose cognizable offense.
- Case of Arnesh Kumar vs state of Bihar (2014):Here all provisions of CrPc on arrest has been retained.
- But in the above mentioned case, SC stated that police officer should maintain reason of arrest with justifiable material which is to be produced in front of judicial magistrate.
- Hence it would have been more appropriate if this clause found place in BNSS.
Clause for infirm and elderly people:
- A new clause says that for offences punishable with less than three years of imprisonment, an arrest could be done only with the prior permission of Deputy Superintendent of Police if the accused person is infirm or is aged over 60
Provision for handcuffing:
- The new Codes provide for handcuffing in at least a dozen categories of persons who are accused of serious offences inter alia such as one who commits a terrorist act, murder, rape, acid attack or offence against the state.
- This is sure to help police, who may be short staffed, to secure their custody. But the enabling section that guides handcuffing has not changed.
Mandatory visit at crime scene:
- The new Sanhita provides for a mandatory visit of the crime scene by a forensic expert and the collection of forensic evidence for offences punishable with more than seven years of imprisonment.
- But on realisation of the ground reality (of limited forensic infrastructure at field level), a maximum five years of leverage has been given to State governments to bring this clause into operation.
- Therefore, unless State governments commit themselves to the provision of sufficient resources for the development of forensic infrastructure (technology and manpower), the impact of this change may not be visible soon.
Videography and photography of crime scene:
- The Sanhita rightly encourages the use of audio-video means in recording the various steps of investigation; this includes searches.
- However, the preferred use of smartphones (as recommended) has its limitations.
- Shafi Mohammed vs State of Himachal Pradesh (2018): Supreme court directed Home affairs and States to develop facility for photography and videography.
Two Finger test:
- Despite a ban on the two-finger test in a case of rape, and this test having been termed by the Supreme Court to be unscientific and violative of the dignity and privacy of a rape victim/survivor, the ban does not have a place in the Code.
- Lilu Rajesh and Anr vs State of Haryana (2013): Supreme court banned the two-finger test. (Rape victims)
Disclosure of identity of rape victim:
- On the disclosure of identity of victim/survivor of rape, the provision of giving authorisation (to disclose identity) to the next of kin in case the victim is minor, may also be omitted as the Protection of Children from Sexual Offences Act, which exclusively deals with this issue and does not have a similar provision.
Duration of police custody
- A provision in the Sanhita that has raised the eyebrows of critics is the increase in the period of police custody exceeding 15 days, as provided in the CrPC.
- This may help the police to interrogate an accused person again if additional evidence is found during an investigation.
Relaxation for recording statement:
- The Sanhita also proposes enlarging the scope of judicial inquiry into suspicious deaths by including dowry deaths, but relaxes the provision of the mandatory recording of statement of a woman, a male under the age of 15 or above 60 (65 years in the CrPC) at the place of their residence based on their willingness.
- It is hoped that this provision is not misused by the police, especially in crimes against women and children.
Way forward
- Overall, some of the proposed changes are definitely progressive in nature, but cannot be termed as path-breaking or radical.
- What must not be forgotten is that police stations are generally under-staffed, have poor mobility, insufficient training infrastructure and poor housing facilities.
- Police personnel work under stressful conditions. Therefore, the colonial mindset will go only if police reformation is taken up in its entirety and not just by tweaking some provisions of the applicable laws.
2) India-ASEAN ties: Why is it strategically important?
Context:
- Prime minister Narendra Modi tried to deepen ties with 10 ASEAN nations.
- India as the current holder of the G20 presidency looking for an opportunity to cement traditional ties with the ASEAN economies.
Issues with Global Economies:
The United Nations Conference on Trade and Development (UNCTAD) in ‘Global Trade Update’ talked about:
- Downgraded world economies
- Fear of continuous inflation
- Financial vulnerabilities
- Geopolitical Tensions
Food Security- Common Concern (For India-ASEAN economies)
- Joint Statement on ‘Strengthening Food Security and Nutrition in Response to Crises’
- Reasons for Food insecurity
- Ukraine War
- Climate Change
- Inflation and individual national policy to curb it
- India’s recent curbs on export of rice had an impact on global economy including ASEAN.
- El-Nino and disruptive weather events.
India is stressing on the following issues:
- Rule based world order after pandemic
- Free and open Indo-Pacific (cautious of Chinese overambitions in South China Sea)
- Trade balancing with eastern economies due to high imports.
Way Forward:
- As India wants to showcase itself as ‘Voice of the Global South’, it is relevant to have an all-weather friendship with ASEAN countries.
For Enquiry
9 September 2023 : The Hindu Editorial Notes PDF
9 September 2023 : Daily Quiz
9 September 2023 : Daily Answer Writing
9 September 2023 : Indian Express
9 September 2023 : Daily Current Affairs
8 September 2023 : Daily Answer Writing
8 September 2023 : Daily Quiz
8 September 2023 : Indian Express
8 September 2023 : PIB
8 September 2023 : Daily Current Affairs
September- The Hindu Editorial 9 September 2023 : The Hindu Editorial Notes PDF The Hindu Editorial
8-September-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
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