The Hindu Editorial

Topic 1 : Endless war: On the Russia-Ukraine war

Context: Russia, and Ukraine and NATO, should make a practical assessment of the war

Introduction

The crash of a Russian plane with Ukrainian prisoners of war on board has once again shown how delicate the situation between the two countries that have been at war since February 2022 is.

North Atlantic Treaty Organization (NATO)

In order to provide collective security against the Soviet Union, the United States, Canada, and several Western European countries signed the North Atlantic Treaty, also known as the Washington Treaty, in April 1949. This treaty created the North Atlantic Treaty Organization (NATO), a military alliance.
At the moment, 30 states are members.
Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States were among its founding members.
Greece and Turkey(1952), Spain(1982), the Czech Republic, Hungary, and Poland(1999), Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia(2004), Albania and Croatia(2009), Montenegro(2017), and North Macedonia (2020) joined the original signatories.
Head office: Belgium's Brussels.
Following a swift ratification of its application, Finland has now formally joined NATO. The majority of NATO members backed this decision because they thought Finland's inclusion would strengthen the alliance's position in the Baltic region.
But Turkey and Hungary continue to stand in the way of Sweden's ascent to NATO membership.

Downed Ukrainian Plane in Belgorod

Russia says Kyiv downed the plane, which had 65 Ukrainian soldiers, in Belgorod, a Russian border town, that has seen repeated Ukrainian shelling in recent months.
Kyiv has slammed Russia for spreading propaganda, but has not ruled out its possible role in the downing. The incident comes at a time when Ukraine’s troops are struggling to keep up the fight on the front line amid Russia’s incremental advances.
Russia, which suffered humiliating setbacks in 2022, has since retaken the battlefield momentum. Last year, Ukraine’s top general said the counteroffensive, which began in June 2023, aimed at recapturing Russia-held territories in the south and east, had failed.
Russia has made territorial gains in the east, capturing Mariinka and making advances towards Avdiivka and Kupiansk.
With its huge losses on the battlefield, Ukraine’s generals are calling for the mobilisation of up to 5,00,000 soldiers — which would be hugely unpopular. Worse, the changing mood in Washington has sent an alarming message to Kyiv.

Volodymyr Zelensky's War and Ukraine's Future

Volodymyr Zelensky’s government has vowed to uncover the truth behind the plane crash. If it has been downed by a Ukrainian missile, it would pose a political challenge to Mr. Zelensky. But a bigger problem he is facing is the future of the war.
Until now, he has put up a brave face, saying Ukraine would fight until victory — which is, recapturing all the territories Russia has taken.
While Russia’s annexation of Ukraine regions and its war are a violation of international laws, Ukraine does not seem to have a practical path towards victory. Israel’s war on Gaza, which has the Biden administration’s full support, has also distracted global attention from Ukraine.
If Donald Trump, the U.S. Republican leader, is re-elected in November — he has vowed to end the war in days — Ukraine could come under heavy pressure. The war cannot be sustained without uninterrupted support from the U.S. and its NATO partners.
When pressure increases on the battlefield, what Ukraine is doing is to carry out missile and drone attacks inside Russia.
Ukraine’s possession of advanced weapons, supplied by the West, has enhanced its fire power. Last week, a fuel export terminal on Russia’s Baltic coast came under attack.

Conclusion

There is suspicion, deep mistrust and misinformation on both sides, which could lead to more violence and accidents. Russia, Ukraine and NATO should take a more practical assessment of the progress of the war and be ready for talks, instead of continuing an endless war which is hurting all sides.

Topic 2 : Reflecting on Bilkis Bano’s resilient pursuit of justice

Context: India must commit to fostering a society where survivors’ voices are heard, their pain acknowledged, and their quest for justice validated.

Introduction

Two weeks, ago, on January 8, the Supreme Court of India delivered a landmark ruling in the harrowing case of Bilkis Bano.
The ruling quashed the remission granted by the Gujarat government to the 11 people convicted in the case, on the basis that the State government had “no jurisdiction” to have done so.
In keeping with the deadline imposed by the Court, all 11 convicts surrendered on the night of January 21 at Godhra sub-jail.

"Ms. Bano's Case: A Symbol of Resilience and Justice"

The Supreme Court has quashed the remission of convicts involved in the gangrape of Ms. Bano, a pregnant Muslim woman, and the brutal killing of her relatives during the 2002 Gujarat riots.
The case has been a symbol of resilience and the struggle for justice for survivors of sexual violence and communal violence.
The ruling upholds the integrity of the legal process and underscores the need for consistent, impartial application of the law.
It has also sparked a reflection on the ineffectiveness of the justice system for people with multiple subordinating identities, especially when crimes are backed by the state.
The case prompts a critical examination of Ms. Bano's identity as a Muslim woman navigating a society marked by biases against religious minorities and women.

Justice B.V. Nagarathna's Judgment on Convicts

Justice B.V. Nagarathna, who authored the judgment, drew upon the wisdom of Greek philosopher Plato to justify directing the convicts back to prison:
- “... punishment is to be inflicted not for the sake of vengeance but for the sake of prevention and reformation. In his treatise, Plato reasons that the lawgiver, as far as he can, ought to imitate the doctor who does not apply his drug with a view to pain only, but to do the patient good. This curative theory of punishment likens penalty to medicine administered for the sake of the one being chastised.”

Convicts' Experience and the Supreme Court's Decision

The convicts in Ms. Bano's case demonstrate the inadequacies of the Indian legal and penal systems.
Despite being in prison for 15 years, they showed no remorse upon their release, highlighting a flaw in the system's ability to deliver what is expected from it.
The Supreme Court's recent decision to temporarily release Ms. Bano reveals a gap between legal theory and the prison system's reality. The judgment overlooked the function of prisons as mere holding cells, failing to instigate genuine rehabilitation.
The lack of essential resources and programs within most Indian prisons makes reformation and reintegration into society as responsible citizens elusive. Ms. Bano's experience exemplifies this flaw, as once convicted, they are unlikely to be reformed.
The judgment's fleeting impact exposes a systemic failure to deliver permanent justice or sustainable relief for survivors like Ms. Bano.

A reminder

Ms. Bano’s case serves as a poignant reminder that the pursuit of justice goes beyond punitive measures. It necessitates a comprehensive re-evaluation of our penal institutions and societal norms.
Only through such systemic changes can we hope to break the cycle of crime and ensure a more just and compassionate society.
The quest for justice must extend beyond courtrooms to encompass a commitment to building an ecosystem that genuinely addresses the root causes of criminal behaviour and facilitates lasting change.

Perils of carceral feminism

In the realm of feminist discourse, a term has emerged that demands our scrutiny and contemplation: “carceral feminism”. Coined by Barnard College’s professor, Elizabeth Bernstein, this term delves into the complexities of advocating for feminist goals in an increasingly carceral state.
It sheds light on the paradoxical relationship between feminism and the state, recognising the state as both a potential ally of patriarchy and a depriver of liberties.
India is grappling with the perils of carceral feminism, where women often opt not to report rape cases due to the deeply rooted mistrust in the criminal justice system.
This mistrust stems from the entrenched patriarchy in the system, from interactions with the police to medical officers and the judiciary.
The police force, known for dismissing complaints of sexual violence, often subjected survivors to uncomfortable and insensitive questioning, further distressing them.
The medical examination process is also hostile, leaving survivors feeling violated. Sociologist Pratiksha Baxi describes rape trials as "pornographic," perpetuating a culture of victim-blaming.

Need for a more nuanced approach

By understanding the limitations and pitfalls of carceral feminism and the prison’s ability to reform perpetrators, we can strive for a more nuanced, victim-centered approach that does not overly rely on legal avenues and remedies to uphold the principles of justice, while simultaneously safeguarding and prioritising the dignity and the safety of survivors.

Way forward

As we applaud the Supreme Court for its resolute decision, we must collectively commit to fostering a society where survivors’ voices are heard, their pain is acknowledged, and their quest for justice is validated.
In celebrating Ms. Bano’s triumph in the face of every adversity, we must also recognise that it is unfair to expect of every survivor the strength and courage that Ms. Bano had to have to persistently fight for justice despite facing innumerable obstacles from the criminal legal system.

27 Jan 2024 : The Hindu Editorial