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The Hindu Editorial Analysis | PDF Download

Date: 25 April 2019
  • The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression.
  • The ICC is intended to complement existing national judicial systems and it may, therefore, exercise its jurisdiction only when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer situations to the Court.
  • The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The Rome Statute is a multilateral treaty which serves as the ICC's foundational and governing document. States which become a party to the Rome Statute, for example by ratifying it, become member states of the ICC. As of March 2019, there are 124 ICC member states.

JUST RECOMPENSE

  • Compensation for Bilkis Bano underlines the state’s obligation for horrific crimes Compensation to victims is a relatively less recognized component of criminal justice. In a system that focusses mainly on the accused, an order of compensation is a recognition of the state’s obligation to victims of crime, especially horrific acts. In ordering the Gujarat government to pay ₹50 lakh to Bilkis Yakoob Rasool Bano, a gang-rape survivor of the 2002 communal pogrom in the State who has bravely fought her case, the Supreme Court has endeavored to achieve restitutive justice. Handing over the fine amounts paid by the accused as part of their sentence is one aspect of such justice; another aspect is for the court to ask the government to compensate the victim from its own coffers. A group of rioters had raped her as well as two other women and killed seven members of her family at Randhikpur village on March 3, 2002. The court noted that she had the misfortune of witnessing her daughter being smashed against a wall, as well as the devastation suffered by her family. She was also pregnant at the time of the incident. Further, the court was told that she was leading an itinerant, hand-to-mouth existence. It is in these circumstances that the Bench headed by Chief Justice of India Ranjan Gogoi awarded her ₹50 lakh, besides asking the State government to provide her with a government job and a house.
  • Ms. Bano’s case is indeed a rare one: criminal prosecution resulted in conviction and life sentences to 11 persons. The sentences were upheld by the Bombay High Court. Further, the court found deliberate inaction on the part of some police officers and that the autopsies were perfunctory and manipulated. The Supreme Court has asked for the pension benefits of three police officers to be withdrawn. In short, this is a concrete instance of state inaction and negligence that would normally justify the payment of a hefty compensation. Not every crime would have a similar set of circumstances. While convictions are not easy to come by in cases of mob violence, victim compensation may often be the only way to ensure some justice. The Code of Criminal Procedure was amended in 2008 to insert Section 357A under which every State government has to prepare a scheme to set up a fund from which compensation can be paid to victims of crime and their dependents who have suffered loss and injury and who may require rehabilitation. The Centre has a Central Victim Compensation Fund. On Supreme Court directions, the National Legal Services Authority has prepared a compensation scheme for women victims and survivors of sexual assault and other crimes. The many States have notified schemes on these lines. While on paper there is a mechanism to assess rehabilitation needs and pay compensation, there is a need to streamline the schemes and ensure that the compensation process is not done in an ad hoc manner, but is based on sound principles.

 

Taking advantage of BRI

  • The China-led initiative’s global reach signals the advent of a new order led by Asia, which cannot exclude India
  • There are at least five reasons why India should have sent an observer to the Belt and Road Initiative (BRI) Forum that begins in Beijing on April 25.
  • First, the defining feature of the 21st century is that Asia, not China, is at the center of the world. The BRI is part of a transformation triggered by colonialism and industrial capitalism from the 1840s and influenced by the UN institutions and global rules from the 1950s. Of the estimated $30 trillion increase in middle-class consumption growth estimated by 2030, only $1 trillion is expected to come from Western economies and most of the rest from Asia.
  • China’s population is nearly one-third of the total population of Asia but by 2050 its population of working age will shrink by 200 million people while in India the working-age population will increase by 200 million. Asians are not subscribing to a “China-led Asia”, which would imply returning to the colonial order.
  • Second, the global spread of the BRI signals the political end of the old order where the G7 shaped the economic agenda. Italy, a member of the G7, is joining the BRI, despite the publicly voiced objection of the U.S., just as Britain joined the Asia Infrastructure Investment Bank in 2015. Asians are gravitating to the new as it better meets their needs, not because the old is crumbling.

Meeting Infrastructure Needs

  • Third, the Asian Development Bank, not China, drew global attention to infrastructure as the key driver of economic growth in Asia and the financing gap of $26 trillion.
  • The most visible feature of the BRI is the network of physical and digital infrastructure for transport, energy transmission, and communications, harmonized with markets for advanced manufacturing and innovation-based companies.
  • Two-thirds of the countries funded by the initiative have sovereign debt ratings below investment grade, and their being part of supply chains is a catalyst for growth. A recent analysis identified only eight out of 68 countries at risk of debt default, which does not affect the overall viability of the $3 trillion reserves of China for potential investment. There are cases of excess debt, political corruption and policy shifts following change in governments but overall the BRI remains popular. For example, Nepal has just chosen the Chinese gauge over the Indian one for its rail network.
  • Fourth, the BRI, faced with criticism over lack of transparency and insensitivity to national concerns, is evolving towards standards of multilateralism, including through linkages with the United Nations Sustainable Development Goals. The International Monetary Fund describes it as a “very important contribution” to the global economy and is “in very close collaboration with the Chinese authorities on sharing the best international practices, especially regarding fiscal sustainability and capacity building”.
  • China is now also seeking co-financing with multilateral institutions as well as private capital for a Silk Road Bond.
  • Fifth, for the BRI to have strategic objectives is not unusual. The Marshall Plan in the 1950s also required recipients to accept certain rules for deepening trade and investment ties with the U.S. Chinese control over supply-chain assets like ports provides the ability to project naval power, which will, however, remain minuscule compared to that of the U.S. — comprising 800 overseas bases. The BRI’s commercial advantage has certainly increased China’s international weight and India needs to shape the new standards to benefit Indian technology companies.
  • India’s China dilemma, as it ends its ambivalence towards China, revolves around the assessment of the extent the Asian giants need each other for the Asian century. Prime Minister Narendra Modi has declared a cooperative vision of the ‘Indo-Pacific’, contrary to the containment-based view of the United States. China also recognizes the difficulties inherent in the interlinked international and domestic agenda of the BRI and needs India’s support for reform of global governance, which was an important part of last year’s discussion at Wuhan.
  • India should respond to the strategic complexity arising from the BRI, a key part of which cuts through Gilgit-Baltistan and Pakistan-occupied Kashmir, through three related but distinct diplomatic initiatives.
  • First, India needs to highlight that a British-led coup by the Gilgit Scouts led to Pakistani occupation of this territory and seek appropriate text recognizing India’s sovereignty — a drafting challenge but not an insurmountable one.
  • Second, New Delhi should give a South Asian character to the two BRI corridors on India’s western and eastern flanks, by linking them with plans for connectivity in the Association of Southeast Asian Nations (ASEAN) region.
  • Third, India needs work towards ‘multi lateralizing’ the BRI with a set of rules.

 

  • Some are Blindly following the economic achievements without expertise
  • Import supports Citizens
  • India’s weak industrial policy
  • Jobless growth
  • We need economic innovations
  • Employment and income pressing issues
  • Eg. of the Tourism industry
  • India’s automobile sector
  • Languishing electronics industry
  • India signed IT agreement of WTO 1996
  • WTO’s governance should promote welfare and equality
  • Indian economics should return to the fundamentals of the subject
  • We need imaginative Industrial policy