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Q.1) The National crime record bureau, 2016 data shows a very grim picture of the condition of women and other crimes prevailing in our society. Highlight some major findings of the report and also provide the reasons for rise in crimes? (GS-2)

The National crime record bureau ,2016 data shows a very grim picture of the condition of women and other crimes prevailing in our society. Violent crimes and crimes against women showed an increment from the previous year. UP and Bihar were ahead in violent crimes whereas Delhi and and Mumbai are turning out be unsafe for women.

Highlights of the data:

  • There was an increase of 2.6% in crimes in 2016 compared to the previous year, according to the data released by the National Crime Records Bureau (NCRB) recently.
  • Data published by the National Crime Records Bureau (NCRB) declared Delhi as India’s “rape capital” and Kerala as its “crime capital”.
  • International data on crime show that countries with the best systems of law and order also have high crime rates, while countries with dysfunctional governments mostly show low crime rates.
  • The National Crime Reports data for 2016 on two important aspect, violent crime and crime against women, should prompt State governments to make a serious study of the underlying causes.
  • Crimes against women saw a jump of 2.9% in 2016 over the previous year, with Uttar Pradesh accounting for 14.5% (49,262) of total cases reported in the country. UP was followed by West Bengal at 9.6% (32,513 cases).

Some of the reasons might be:

  1. The legislations are not proving to be enough deterrent.
  2. Conviction rate is very low.
  3. Court overburdened with cases. It leads to large number of pending cases.
  4. Police not properly sensitized to the problems of women.
  5. Inadequate number of police to handle crimes.
  6. Lack of education and job opportunities is one of the major cause of increased crime rate.
  7. Large influx of migrants in cities to earn livelihood, and due to unemployment and scarcity of resources they tend to commit violent crimes.
  8. Lack of security infrastructure such as Vigilance cameras, Alarm bells etc. Criminals may take advantage of that.
  9. Cyber crime against women has increased due to lack of cyber laws in tackling the crime.
  10. Lack of Ethical values which lead to crimes such as domestic violence, molestation for dowry or any other kind of physical or psychological molestation.

Q.2)  More than three crores of Indians live in the foreign countries, having cross border matrimonial relationships. What are the impact  on Children from break down of cross-border marriages? (GS-2)

More than three crores of Indians live in the foreign countries, having cross border matrimonial relationships.

Impact on Children from break down of cross border marriages:

  • Over three crore Indians living abroad have cross-border marriages. When such a diverse family unit breaks down, children suffer as they are dragged into an international legal battle between their parents.
  • Children are “abducted” by one parent and taken to a country with a different culture. This can be traumatic as they are also cut off from the other parent. The Protection of Children (Inter-Country Removal and Retention) Bill, 2016 seeks to address the issue.
  • Inter-spousal child removal can be termed as most unfortunate as the children are abducted by their own parents to India or to other foreign jurisdiction in violation of the interim/final orders of the competent courts or in violation of parental rights of the aggrieved parent.
  • The child is taken to a State with a different legal system, culture and language.
  • The child loses contact with the other parent and is transplanted in an entirely different society having different traditions and norms of life.

Conclusion:

  • The problem of child abduction is real, and India, with its Diaspora spread over the globe, needs to work on the issues addressed by the Hague convention while ensuring that the remedy is compatible with the convention on the Rights of the Child. The aspect of ensuring the safety and well-being of the child through state intervention is of significance.

Q.3) What are the significance of  the Tenth Schedule of Indian constitution? Discuss the grounds for disqualification of members of the Parliament in India?(GS-2)

Tenth Schedule of the Constitution:

  • The 10th Schedule to the Indian Constitution, popularly referred to as the ‘Anti-Defection Law Was inserted by the 1985 Amendment (52nd) to the Constitution.
  • It defines defection and disqualification in order to get rid of evil of political defection in lure of political advantage and lure of office, which certainly pose a threat on the essence of parliamentary system that is stability.
  • ‘Defection’ has been defined as, “To abandon a position or association, often to join an opposing group”.

Significance:

  • The anti defection law was enacted to ensure that a party member do not violate the mandate of the party and in case he do so he will be disqualified from participating in the election.
  • The Anti-Defection Law allows Parliament to announce those members defected who oppose or do not vote in line with party’s decision.
  • The aim of Anti-Defection Law is to prevent members of Parliament to change parties for any personal motive.
  • Help in reducing corruption of the floor of the house to some extent, by restricting inter party movement of MP.
  • Helps in maintain consensus among MPs of a single party on the floor of the house.
  • Help in ensuring stability of the democracy, and preventing disruption of govt on account of individual monetary greed.
  • Provides stability to the governments by banning defections.
  • Lessen the burden of unnecessary election.
  • Hailed as one of the most important step towards strengthening our democratic set up.

Grounds for disqualification of members of the Parliament in India:

  • If an elected member voluntarily gives up his membership of a political party.
  • It he votes or abstains from voting in such House contrary to any direction issued by his political party.
  • If any independently elected member joins any political party.
  • If any nominated member joins any political party after the expiry of six months.
  • The decision on questions are to disqualification on ground of defection is referred to the chairman or the Speaker of such House, and his decision is final.
  • All proceedings in relation to disqualification under this Schedule are deemed to be proceedings in Parliament or in the Legislature of a state.
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