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23 May 2023 : The Indian Express

Editorial 1: A wishlist for the new law minister

Context:

  • Recently, Arjun Ram Meghwal, has replaced Kiren Rijiju to take over as the Union minister for law and justice.


Challenges of Indian Criminal Justice system:

  • The total pending cases are over 4.92 crore, according to Rajya Sabha data in 2022, especially in district and subordinate courts.
  • Recently in 2022, a case of little overcharged railway ticket was resolved after 22 years.
  • Low Judge to Population Ratio at only 20 judges per million people is as compared to 50-70 judges per million people, elsewhere.
    • The 2020 India Justice Report revealed that India has one judge or every 50,000 citizens, revealing a huge shortage. 
  • 30% of the sanctioned posts in Prison administration are vacant.
  • The Law Commission Reports highlighted worrying pendency figures for various tribunals. Tribunals also suffer from the same problems of shortage of personnel as with the judiciary in India.
  • Lack of transparency and accountability: There is also a need for transparency in the appointment of the judges and police officials.
    • Corruption: Lack of transparency, at all levels of criminal justice system but especially at lower levels, compromises with the justice delivery.
  • Hardships of the under trials:
    • Overcrowding of about 130% of the prison capacity is reported in Indian Prisons.
    • 1888 cases of Custodial Violence and death have been reported by NCRB data.
  • Adjournment culture: 
    • Too many and too frequent adjournments are another issue that needed to be tackled.
  • Gender Disparity in the Police and Judiciary:
    • The representation of women in the Indian police force continues to be poor, at 10% in 2021. 
    • There have been only 11 women judges on the Supreme Court since its inception, and no women Chief Justices. Just 83 of the 680 judges in the high courts are women. Only 30% of subordinate judges are female.
  • Lack of Capacity Building and Infrastructure
    • Further, funds dedicated to the modernisation of infrastructure are typically not utilised fully. For example, in 2015-16, only 14% of such funds were used by the states. This has delayed speeding up of resolution and better case management.
  • Major basis is of Indian judiciary is the ‘common law’ system and adversarial system (‘innocent until proven guilty’).


Steps taken by the Government:

  • Establishment of Fast Track Courts:
    • To reduce the backlog of cases in the criminal justice system, fast-track courts were established to deal with criminal cases quickly.
  • In-house procedure: Formulation of an in-house procedure to inquire into any allegation of misbehaviour or misconduct against them, which is considered fit for inquiry by the Chief Justice of India and some of his senior colleagues. •
  • Memorandum of Procedure, 2016: It has been under discussion to bring in transparency in judicial appointments and setting up a permanent secretariat in Supreme Court for maintaining records of high court judges.
  • In 2009, the Supreme Court and the high courts resolved to publish voluntary declaration of assets by their judges.
  • Bangalore Principles of Judicial Conduct were adopted in 2002.
  • Reforms in the Bail System:
    • Reforms have been made in the bail system to ensure that the accused are granted bail only in appropriate cases, while ensuring that the interests of justice are not jeopardized.
  • Supreme Court in L. Chandra Kumar v. Union of India (1997) declared that those provisions of Article 323A and 323B which excluded the jurisdiction of the high courts as unconstitutional. Hence, the judicial remedies to High Courts are now available against the orders of the tribunals. 
  • Rationalisation of tribunals began in 2015. By the Finance Act, 2017, seven tribunals were abolished or merged based on functional similarity and their total number was reduced from 26 to 19. In 2021, Tribunal Reforms (Rationalisation and Conditions of Service) Act 2021 through which abolished nine Appellate authorities under nine laws and replaced them with High Courts, reducing the total to ten tribunals in the country.
  • Police Reforms:
    • The government has taken steps to make the police force more accountable, transparent and efficient by implementing measures such as the Police Act of 1861 and the Police (Amendment) Act of 2008.
    • Model Police Act 2006: It requires each state to set up an Independent Complaints Authority comprising retired High Court Judges, civil society members, retired police officers and public administrators from another state, to inquire into complaints of police misconduct.
    • Gender Representation: Driven by the Centre’s push, several Indian states have, over the years, announced policies to reserve a certain share of police posts from time to time, with many states announcing a 33 percent quota. 
    • As per a study report published by the Commonwealth Human Rights Initiative (CHRI), It found that 18 states have passed the amendments to their respective Police Acts in pursuance of the Prakash Singh Judgement directives.
        • However, by and large, the Police is still under the control and influence of the State Governments and this hampers the overall criminal justice system as the officials feel hesitant to even file the cases, let alone investigate it honestly and ensure the delivery of justice.
  • Promoting Alternative Dispute Resolution through Lok Adalats to reduce case burden through mobile courts.
  • In 2021, Modernization of Prisons Project had been launched by the Ministry of Home Affairs(MHA) till 2026. The Modernization of Prisons Scheme was established in 2002-03 with the goal of improving the conditions of prisons, prisoners, and prison personnel.
    • E-Prisons Initiative intends to improve prison management efficiency through digitization.
  • Widespread Use of Technology
    • eCourts portal: It is a one-stop solution for all stakeholders like the litigants, advocates, government agencies, police, and common citizens. 
  • In 2021, as part of efforts to improve Ease of Doing Business ranking in the World Bank report, Ministry of Law and Justice has introduced green, orange and red indicators in the Case Management Software to keep a limit of three adjournments to evaluate the performance of the judges for elevation and improve accountability and professionalism in justice dispensation. It has been started in the Commercial courts as a start.
  • National Judicial Data Grid (NJDG):
    • The statistics of cases pending at the national, state, district and individual court level are now made accessible to the general public, researchers, academicians and the society at large. 
    • Any individual can access this information by visiting the National Judicial Data Grid portal. 


Way Forward:

Justice V.S. Malimath Committee 2003 report has suggested the various reforms in the criminal justice system which are as follows: 

  • Police: The committee suggested separating the investigation wing of the police from its Law & Order Wing. Apart from that it also recommended:
    • Creation of National Security Commission, and State Security Commissions.
    • For maintenance of crime data, appointing additional SP in each district was suggested.
    • Organise Specialised Squads for dealing with organised crimes.
    • Creating a Police Establishment Board for matters related to postings and transfers, etc.
    • For probing inter-State or transnational crimes, a special team of officers must be constituted.
    • Increasing the police custody period from current 15 days to 30 days and an additional period of 9 days for filing of charge sheet in cases of serious crimes.
  • Judges and Courts: 
    • The committee suggested increasing the number of judges in Indian Courts. It also suggested separating the division of criminal proceedings from the ordinary ones in High Courts and the Supreme Court. It also suggested the creation of a National Judicial Commission.
    • Witness Protection: The witness should be treated with dignity; be provided with allowance on the same day; be provided with proper seating and resting facilities. A Witness protection law must be made on the lines of one that is in the USA.
    • Perjury: The witness must be fined and/or imprisoned and be tried if s/he is found to be providing false information so as to influence the natural course of the case.
    • Court Vacations: Considering the number of pending cases before the court, the committee suggested reducing the vacation period of the courts by 21 days.
    • Arrears Eradication Scheme: Under this scheme, the cases which are pending for more than 2 years are to be settled by the Lok Adalats on priority. Such cases will be heard daily and no adjournment is allowed.

Seven Directives for Police Reforms propounded by the Supreme Court in Prakash Singh Judgement, 2006:

Adhering to International Rules and Protocols in Prisons

    • United Nations Rules for the Treatment of Prisoners (Nelson Mandela Rules) that set out the minimum standards for the treatment of people in prison and for good prison management.
    • United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) to reduce unnecessary imprisonment of women, and to meet the specific needs of women who are imprisoned.
    • United Nations Rules for Noncustodial Measures (Tokyo Rules) to promote the use of non-custodial measures and sanctions, as well as minimum safeguards for persons subject to alternatives to imprisonment.
  • All India recruitment exam (All India judicial services) may help in resolving the issue of appointment of judges.
  • Supreme Court in L. Chandra Kumar v. Union of India (1997) called for setting up of National Tribunal Commission (NTC) under Ministry of Law and Justice for monitoring the working of the Tribunals and ensuring the uniformity in the appointment system.
  • Recently NITI Aayog Expert Committee on Online Dispute Resolution (ODR) submitted the report titled ‘Designing the Future of Dispute Resolution the ODR policy plan for India’.
  • A National Commission for Prisons should be established to provide a national perspective on prisons and be a central body responsible for these.
  • Open Prisons and improving the system of Parole and Furlough will reduce the overcrowding of prisons raising their dignity and ease of living.
  • Reduction in Government litigation especially service law
  • Allow for independent assessment of the case whether it needs trial, on the lines of UK’s Prosecution service
  • Enhance Alternative Dispute Resolution (ADR) and Plea Bargain through updation in National Litigation Policy 2010

Editorial 2: Bare new world

Context:


Key events indicating state of Global order:

  • Russia Ukraine war indicated that Geography still matters.
    • We may be hyper-globalised, but we are also more local than ever before. Thus, while India respects Europe’s difficulties, but Chinese aggression, the virus from Wuhan and the surrender of Kabul matters more for India.
  • UN vote on Ukraine war indicated that only National Interests’ matter. 
    • Those sanctioning Russia today are not merely the victors of World War II, but also of globalisation and development.
    • The recent spate of visits by European leaders to China shows that value-based frameworks are untenable and lucrative economic relations truly matter.
    • India too confronts the Chinese on the Himalayan heights but trade continues.
  • At the time of crisis, only Selfishness rules the roost, not greatness.
    • The Covid-19 outbreak saw the overt hijack of medical equipment and access to vaccines, and growing gaps in treatment capabilities.
    • Doha Agreement on Agriculture was never implemented by those giving the highest subsidies to its farmers.
    • Similarly, the Afghan people were betrayed and abandoned because it was expedient for higher powers to flee the country at a particular moment.
    • Chinese territorial incursions have provoked a range of self-serving responses from different actors otherwise keen to defend democracy.


Significance of India for G7:

  • Economically, with a GDP of $2.66 trillion, India’s economy is larger than three member countries of the G-7 – France, Italy, and Canada.
  • Global geopolitical and economic epicenter shifting to the Indo-Pacific, European countries are keen to benefit from the economic opportunities that the region offers.
    • However, the Indo-Pacific has its own challenges with a belligerent China expanding its strategic and economic footprint.
    • For the Western countries, India has emerged as a major strategic partner to contain China, particularly in the Indian Ocean component of the Indo-Pacific region.
      • Of the G-7 members, India has strategic partnerships with the U.S., the U.K., France, Germany, and Japan. India’s relations with Italy are rapidly expanding in the strategic domain.
  • Energy Security for Europe: India has unexpectedly become a transit country to resolve the European energy crisis caused by the Russia-Ukraine war.
    • Before the war started, Europe secured around 40 percent of its oil and gas supply from Russia.
    • For its part, Russia offered its oil to India at discounted prices to compensate for the loss incurred due to European countries reducing their oil imports from Russia.
    • India has become a backdoor for the European countries to purchase Russian oil, after undergoing refining process in India.
    • India became the largest supplier of refined fuels to Europe in April.
  • Diplomatically, India is one of the few to have cordial ties with both Russia and the West. The war in Ukraine is heading toward a stalemate. 
    • The war has already disrupted economies and supply chains for many Western countries. India could, through direct or indirect mediation, offer a face-saving option to both the warring sides in near future.
    • India’s approach of balancing ties could help dialogue and diplomacy to end the war. 


Where India’s Interests lie today?

  • Rise of China as a challenge to traditional great power i.e. US in the region.
    • Russia- China axis has posed a challenge for the US which has brought India into US fold indirectly.
    • China’s Belt and Road Initiative aims to expand its influence across the region.
    • Debt Trap diplomacy is another tool to gain influence.
    • China Pakistan bonhomie is also an issue for India in its neighbourhood.
  • West Asia is the key to stability in the South Asia region due to rising threat of Taliban in Afghanistan, drug trafficking, non-conventional threats, cyber warfare, Fourth Generation Warfare or proxy warfare, etc.
    • This will protect its investment, energy security and vital diaspora interests.
  • India’s claim to the UNSC permanent seat to provide global leadership to the world and become the ‘vishwaguru’ in establishing peace and development.
    • It will lead to reforms in the international institutions according to the present reality of the international order in 21st century.
  • India Pakistan relations will improve once the Pakistan builds trust with India and abandon terror as a tool in its foreign and security strategy. India has to keep international pressure through USA and global bodies on Pakistan to mend its ways while keeping a channel of dialogue open through Track 2 diplomacy.


Conclusion:

  • G7 can be a vital platform for India to show its global leadership potential and bring about concrete strategies to address global challenges though building consensus and taking initiatives. In the changed global order, India can utilize G7 as a global forum to bring about essential reforms in the international financial and security institutions.


About:

The Group of Seven (G7) is an intergovernmental political forum consisting of Canada, France, Germany, Italy, Japan, the United Kingdom and the United States; additionally, the European Union (EU) is a "non-enumerated member."

  • It is organized around shared values of pluralism, liberal democracy, and representative government.
  • As of 2020, G7 members are large IMF advanced economies and account for over half of global net wealth (at over $200 trillion), 30 to 43 percent of global gross domestic product, and 10 percent of the world's population (770 million people). 
  • Members are great powers in global affairs and maintain mutually close political, economic, diplomatic, and military relations.
  • It is a formal, high-profile venue for discussing and coordinating solutions to major global issues, especially in the areas of trade, security, economics, and climate change.
  • The G7 is not based on a treaty and has no permanent secretariat or office. It is organized through a presidency that rotates annually among the member states, with the presiding state setting the group's priorities and hosting and organizing its summit; Japan currently presides for 2023.