Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: Reforming criminal justice system
Central Idea
- Union Home Minister’s introduction of three crucial bills in the Lok Sabha has set the stage for a transformative shift in India’s criminal justice system.
Overhauling Criminal Justice System
- The 3 bills introduced are-
- Bharatiya Nyaya Sanhita Bill, 2023,
- Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and
- Bharatiya Sakshya Bill, 2023
- They are collectively aimed at replacing outdated laws, have sparked debates and anticipation of profound changes in legal proceedings.
- The bills seek to repeal the archaic Indian Penal Code, the Indian Evidence Act, and the Code of Criminal Procedure, introducing a modern framework aligned with contemporary legal needs.
Key Reforms Proposed:
- Capital Punishment for Mob Lynching: The Bharatiya Nyaya Sanhita Bill introduces capital punishment for mob lynching, emphasizing the gravity of this crime.
- Stricter Laws for Sexual Violence: Deception leading to sexual relations is designated as a separate crime. False promise of marriage carries a ten-year imprisonment term.
- Sedition and Terrorism Definitions: The bills redefine sedition and introduce a comprehensive definition of terrorism, separatism, and armed rebellion, streamlining the legal treatment of these offenses.
- Video Recording of Survivor Statements: For sexual violence cases, the video-recording of survivor statements becomes mandatory, ensuring accurate and reliable evidence collection.
- Speedy Justice: The bills propose amendments aimed at expediting the criminal justice system, aiming to bring revolutionary changes.
- Transparency and Accountability: Police accountability is emphasized through measures such as providing complaint status within 90 days, consultation with victims before withdrawal of cases, and introduction of community service for specific crimes.
Impact on Criminal Justice
- Modernization: The bills signify a transition from colonial-era laws to contemporary legal frameworks that address evolving societal concerns.
- Faster Trials: Proposed reforms, including fixed timelines for chargesheets and prosecution sanctions, aim to accelerate trial proceedings and curb undue delays.
- Evidence Integrity: The mandatory videography of search and seizure enhances transparency and prevents tampering, ensuring the integrity of evidence.
- Victim Empowerment: Consultation with victims before case withdrawal empowers them in the legal process, fostering a victim-centric approach.
- Accountability and Streamlining: Designating a police officer for custody notifications, mandatory online disclosure, and limited remission of sentences promote transparency and accountability.
Political and Social Implications
- Political Accountability: The bills emphasize that individuals with political influence will not escape legal consequences, thereby promoting fairness and equality.
- Public Safety: Stricter laws on mob lynching and sexual violence underscore the government’s commitment to ensuring public safety and protecting vulnerable groups.
- Legal Efficacy: The bills aim to elevate India’s conviction rate by introducing forensic evidence collection standards and expediting trial proceedings.
Conclusion
- The introduction of the Bharatiya Nyaya Sanhita Bill, 2023, and its companion bills marks a significant step towards modernizing India’s criminal justice system.
- These reforms, driven by the government’s commitment to transparency, accountability, and justice, hold the potential to reshape legal proceedings, empower victims, and ensure a more equitable legal environment.
- As these bills undergo parliamentary scrutiny, the anticipation of their impact on India’s legal landscape is palpable, with expectations of a more efficient, effective, and just criminal justice system for the nation.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Special Economic Zones
Mains level: Read the attached story
Central Idea
- The Northeast region’s journey with SEZs has been marked by challenges and missed opportunities.
- Despite the approval of five SEZs in the region between 2007 and 2021, none have become operational.
Overview of Unoperational SEZs in NE
- Unrealized IT SEZs: The report underscores the delay in establishing IT SEZs in Manipur and Sikkim, both of which were approved in 2013 and 2021 respectively.
- Nagaland’s Unfulfilled Promise: Despite approvals dating back to 2007-9, the SEZs in Nagaland remain dormant, representing a missed opportunity for economic growth.
- Pending Agro-Products Zone: The agro-products zone approved in Tripura in 2019 is yet to materialize, indicating the need for coordinated efforts to overcome hurdles.
What are SEZs?
- Distinctive Zones: A Special Economic Zone is an area characterized by distinct trade and business regulations set apart from the rest of the country.
- Economic Objectives: SEZs aim to enhance trade balance, encourage investments, generate employment, facilitate efficient administration, and amplify economic growth.
- Favorable Financial Policies: SEZs offer tailored financial policies that encompass investment, taxation, customs, trading, quotas, and labor regulations.
- Tax Incentives: Businesses within SEZs may benefit from tax holidays, a designated period of reduced taxation upon establishment within the zone.
Inception of SEZs in India
- EPZs Pioneering: India embraced the concept of Export Processing Zones (EPZs) with Asia’s inaugural EPZ established in Kandla in 1965.
- Genesis: India’s SEZ policy was inaugurated on April 1, 2000, with the intent of bolstering foreign investments and creating a globally competitive environment for exports.
- Objectives: The policy aimed to boost exports, level the playing field for domestic enterprises, and provide a comprehensive legal framework for SEZ development and operation.
- Regulatory Framework: The SEZ Act of 2005 furnished the regulatory umbrella covering crucial aspects of SEZs and the units operating within them.
Distinct Characteristics of SEZs
- Diverse Zone Types: SEZs encompass various categories such as free-trade zones (FTZs), export processing zones (EPZs), industrial estates (IEs), free ports, and more.
- Enhanced Foreign Investment: SEZs attract foreign direct investment (FDI) by multinational corporations (MNCs) and international businesses, spurring economic growth
Setting up SEZs
- Open to All: Any private, public, joint sector, state government, or its agencies can establish an SEZ.
- Foreign Participation: Foreign agencies are also permitted to establish SEZs in India.
- States Role: State government representatives within inter-ministerial committees on private SEZs offer consultations on proposals.
- Infrastructure Provision: State governments must ensure the provision of essential resources like water and electricity before SEZ proposals are recommended.
- Labor Laws: SEZs adhere to normal labor laws, enforced by respective state governments, with a focus on simplification of procedures and introducing single-window clearance.
Benefits offered
- Economic Boost: SEZs aim to streamline business processes, improve infrastructure, and offer tax benefits, propelling FDI and export growth.
- Trade Growth: SEZs contribute significantly to India’s exports by providing a conducive environment for production and export-oriented activities.
- Investor Attraction: The relaxation of regulations and access to advanced infrastructure in SEZs entices international investors seeking to capitalize on export-driven opportunities.
Conclusion
- The parliamentary report serves as a clarion call to address the stagnation of SEZs in Northeast India and transform the challenges into opportunities.
- It underscores the importance of crafting a fresh industrial development scheme that is responsive to the region’s dynamics.
- By leveraging the unique strengths of the Northeast, the government has the chance to not only rectify the current situation but also contribute to the inclusive economic growth of the entire nation.
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