Hindu Editorial Analysis 3rd November 2017

Hindu Editorial Analysis 3rd November 2017 - Daily GK Affairs

Trying Politicians : Setting up of Special courts :-

In recent move Supreme Court directed Centre to establish a special courts exclusively to try cases against politicians.

Earlier Supreme Court passed two judgements that make legislators & holders of public office accountable for corruption :-

  • In 2013, the court removed the statutory protection for convicted legislators from immediate disqualification
  • In 2014, it directed completion of trials involving elected representatives within a year.

How it will help ?

  • Cases involving offences by serving or past legislators will move into special courts rather than being so safe in the present criminal justice system.

Well generally it is not an ideal way to expedite cases because 

  • From the viewpoint of the accused, the idea could smack of victimisation and engender a feeling of being chosen for discriminatory treatment
  • While corruption charges against public servants are being handled by special courts, it is a moot question whether there can be special treatment for offences under the Indian Penal Code solely because the accused is a politician.
  • It would be primarily in their own interest to clear their names quickly, lest their candidature be tainted
  • Special courts may indeed address these issues, but the ideal remedy will always be a speedy trial in regular courts
Conclusion :-

If only the routine criminal process is pursued with a universal sense of urgency, and if enough courts, judges, prosecutors and investigators are available, the expediency of special courts may not be needed at all.

Acting Against Torture  :-

Torture is a wound in the soul so painful that sometimes you can almost touch it, but it is also such intangible that there is no way to heal it”.

The Supreme Court reproduced the words of Adriana P. Bartow in itsD.K. Basu judgement to explain the negative effect of torture on human dignity.

The Law Commission of India in its 273rd report has proposed a new anti-torture law, the Prevention of Torture Bill, 2017, which provides a wide definition to torture not confined to physical pain but also includes “inflicting injury, either intentionally or involuntarily, or even an attempt to cause such an injury, which will include physical, mental or psychological”.

The Commission has suggested India’s ratification of the UN Convention Against Torture. The proposed standalone anti-torture law directly makes the state responsible for any injury inflicted by its agents on citizens. Under it, the state shall not claim immunity from the actions of its officers or agents.

The recommendation of the Commission headed by former Supreme Court judge, Justice B.S. Chauhan, will allow human rights advocates to pressurise the government to recognise torture as a separate crime. So far, neither the Indian Penal Code nor the Code of Criminal Procedure specifically or comprehensively addresses custodial torture.

Though India had signed the UN Convention against Torture in 1997, it is yet to ratify it. Efforts to bring a standalone law against torture had lapsed. The National Human Rights Commission has been urging the government to recognise torture as a separate crime and codify punishment in a separate penal law.

Recently, while hearing a PIL filed by former Union Law Minister Ashwani Kumar, the Supreme Court had described torture as an instrument of “human degradation” used by the state.

The Commission has asked the government to ratify the UN convention to tide over the difficulties faced by the country in extraditing criminals. The draft Bill has recommended punishment for torture ranging from fine to life imprisonment. In case a person in police custody is found with injuries, it would be “presumed that those injuries have been inflicted by the police”.

The Bill proposes to give the courts the scope to decide a justiciable compensation for a victim, taking into consideration his or her social background, extent of injury or mental agony.

Reasons not to Cover Other topics :- 

  • Terror in New York will not justify anything
  • Neither Turn over test in Pakistan will help us in exams

Topics to be covered in detail analysis  :- 

  • Should we shame or name “Sexual harassers”  ?
  • Gathering the tribe which is about Nagas ..

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