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Why due Process matters
- Shreya Atrey, lecturer in Law at the University of Bristol Law School discusses the importance of due process in feminist and social movements
- The recent cases of Unnao and Kathua where lawmakers and enforcers themselves engaged in sexual violence or defended the accused show how the legal system in India has failed women
- Due process is basically the basic presumption of law: “innocent until proven guilty.”
- In workplaces, the Internal Committees established under the Sexual Harassment of Women at Workplace Act, 2013 rely on due process and standard of proof beyond reasonable doubt
- The principal of due process has been recently criticised by many feminist on the grounds that it has prolonged or denied justice to women who have chosen to complain against sexual harassment
- However, it should be noted that due process is an integral part of Rule of Law. Undermining the principal of due process would destroy the goals and values of Rule of Law: equality, human rights and transformative justice
- It is to be noted that without due process social movements and feminist movement cannot be sustainable and achieve desired goals. Moreover, such movements require a transformative vision
Justice and redemption
- Krishna Kumar, former director of NCERT, has analyses the role of society and importance of justice in child protection.
- The delivery of justice to a childhood is different from the conventional idea of justice. Childhood is a formative and vulnerable period of life which makes the justice delivery difficult.
- It has been recognised all over the world that nothing is tougher to leave behind than sexual assault in early life.
- The rape of small girls on the scale at which it is currently taking place, especially in the north, signifies a breakdown of the ethical order of common living.
- Incidents of rape of small girls have been reported from cities as well as villages, suggesting a much wider crisis.
- When rape has been committed by a person who enjoys fame and power, justice may bring the victim a sense of vindication.
- This happened in a recent case against a famous ‘godman’. Victim’s victory at the level of a local court is impressive.
- In kathua rape case, National Commission for Protection of Child Rights has forbidden the mention of victims name to protect the dignity of girl’s parents.
- Shifting of kathua rape and murder case from J&K to Punjab has raised the hope for justice.
- Meaning of justice for child carries two kinds of value
- Value of deterrence: If the rapists and murderers of a child go untracked and unpunished, this might encourage the tendency to commit such crimes.
- Recognition of a child’s right to justice: This recognises children as beneficiaries of universally applicable human and civic rights. By punishing those who rape and kill, the judiciary posthumously imparts the significance to their lives that they ought to have received as children.
- Issues raised by kathua case
- Such violence impacted the protective fabric of society.
- Impact the child as they feel insecure and unprotected
- Parents alone cannot protect a child.
- The responsibility to protect children is embedded in the very idea of society. When a child faces brutality, in or outside the family, society’s contract with its own spirit is violated. This cannot be redeemed with judicial punishment only.
- Krishna kumar, find the reason for such crisis in
- Culture and new technological environment.
- Hatred for the weak and treatment of rejection of their right as human ethos
- Loss of collective self-awareness of society.
- He suggest society to improve its own apparatus of security and protection of children. Demand for justice for victims should be raised by media and common people.
A quick recap of the gutkha scam
- The SC has confirmed that the CBI will investigate the guthka scam case
- The gutkha scam relates to the findings of the I-T department which raided the premises MDM brand guthka manufacturer in Chennai, a banned substance in Tamil Nadu since 2013.
- I-T department finds, the manufacturer of the MDM brand of gutkha had paid several crores of rupees as bribe to the Tamil Nadu Health Minister and officials between 2014 and 2016 to ensure the manufacture, storage and sale of gutkha.
- The IT Department subsequently sent a confidential report to the Tamil Nadu Chief Secretary and the Director General of Police, with information on the beneficiaries, but the government took no action.
- Recently, the Madras High Court transferred the case to the CBI for investigation which is being upheld by the SC.
China wants Pakistan to relocate Hafiz Saeed to a West Asian country
- China has asked Pakistan to relocate Jamaat-ud-Dawa (JuD) chief Hafiz Saeed to a West Asian country in response to mounting international pressure to act against him for his links with terror groups.
- Chinese President Xi Jinping and Pakistan Prime Minister Shahid Khaqan Abbasi meet on the sidelines of the Boao Forum in China last month.
- Relocation is expected to be referred to the next government as the Prime Minister of Pakistan is going to leave office on May 31 after completion of his tenure.
- Hafez Saeed has been declared a global terrorist by the United Nations, the U.S. and India, carries a reward of $5 million on his head for his alleged involvement in the 2008 Mumbai attacks.
- The JuD has a network of over 150 ambulances, six hospitals, 60 schools and scores of madrassas across Punjab and the Pakistan-administered Kashmir and northern areas.
- During Paris summit of FATF, Indonesia raised the issue of involvement of JuD in money laundering.
- Financial Action Task Force (FATF) put JuD on the list of banned organisations. It also put Pakistan on the grey list for its failure to prevent terror financing.
- A Presidential Ordinance was issued to freeze all assets of Hafiz Saeed, linked to the JuD and its charity arm, Falah-i-Insaaniyat Foundation.
- Pakistani authorities put him under house arrest for almost nine months but were forced to release him on the orders of the Lahore High Court.
- It is alleged that federal government deliberately frame a weak case against Hafez Saeed.
- Recently, the Securities and Exchange Commission of Pakistan issued a circular to all companies barring them from donating money to those entities put on the UNSC sanctioned list. The government also tabled a Bill to formalise the ban on the JuD but it has not been passed so far.
World faces ‘staggering’ obesity challenge: study
- Researcher at the European Congress on Obesity has forecasted that global population will obese in coming years.
- The report stated that 22% of people in the world will be obese by 2045 compare to 14% last year.
- After 27 years almost a quarter of the global population will be obese.
- One in eight people have type 2 diabetes (a form of the disease that generally hits in adulthood as a result of being overweight)
- The researchers from U.S. found obesity will increase from 39% of the population in 2017 to 55% in 2045, and diabetes from 14% to 18%.
- In Britain, the proportion will swell from 32% to 48% and the percentage of diabetes rising from 10.2% to 12.6%.
- The researcher have divided the population of each country into age groups, and body mass index (BMI)
Note: BMI is a ratio of height to weight used to divide people into low- to high-risk categories for developing heart disease, high blood pressure, type 2 diabetes and certain cancers.
- As per population data across the world, each country is different based on unique genetic, social and environmental conditions.
India moves WTO over U.S. steel tariffs
- India has launched a complaint with World Trade Organization against the United States regarding tariffs on steel and aluminium.
- U.S. has imposed the tariffs in March where it levy 25 % on steel imports and 10 % on aluminium.
- US said it is outside the WTO and justified it by raising its national security concerns.
- India, China, Russia, Japan, Turkey and the European Union have dismissed US claim as ”safeguards” under the WTO rules. they demand combined annual compensation of $3.5 billion.
- India has claim to seeks recoup a cost of $31 million levied on its aluminium exports and $134 million on steel, and it has said it could target U.S. exports of soya oil, palmolein and cashew nuts in its retaliation.
- According to WTO rules, U.S. has 60 days to settle the complaint, after which India could ask the WTO to set up an expert panel to adjudicate.
- The U.S. had also exceeded the maximum import tariff allowed by the WTO and the tariffs were not applied uniformly to steel and aluminium imports from all suppliers, breaking a core principle of the WTO rulebook.
- However, uncertainty is hanging over the WTO’s dispute settlement system because US is vetoing the appointment of new appeals judges.
Why birds don’t have teeth
- Recently a research paper published Biology Letters suggests that birds lost their teeth during the process of egg hatching.
- The reports suggest that the birds actually losse their teeth to speed up egg hatching.
- The research has compared the incubation period for dinosaur eggs which take several months while modern birds hatch after few days or weeks.
- Hatching occurs before because there is no need to wait for the embryo to develop teeth where a process consumes 60% of egg incubation time.
- The embryo birds is vulnerable to predators and natural disasters
- The faster hatching of eggs result in boosting the survival odds for all egg layered embryo including dinosaurs.
Note: In mammals, embryos are protected inside the mother.
- According to some pprevious studies:
- Birds were living descendants of avian dinosaurs resulting in lost their teeth to improve flight.
- Beaks were better for eating bird food.
- The ongoing protest against the copper smelter plant of Sterlite Copper in Thoothukudi has resulted in the death of 12 people in police firing.
- The Madurai Bench of the Madras High Court had already predicted that the protest was “likely to trigger a law and order situation” and declared that the “protesters do not have any intention of conducting a peaceful protest”.
- Despite of this the Tamil Nadu government failed to make necessary arrangement. The situation has raised the concern about the government’s failure in handling the situation where unnecessary force was imposed to protester.
- A commission of inquiry headed by retired judge Aruna Jagadeesan is setup to examine police action.
- It is irony that violent protest was oraganised when Tamil Nadu Pollution Control Board refused to renew its consent on Sterlite plant to operate.
- Madras High Court has restrained it from a proposed capacity expansion plan.
- Sterlite stakes claim to be India’s largest copper producer. It has major presence in Tamil Nadu’s industrial mix.
- steps to be taken
- The immediate task is to compensate the public for its losses.
- To solve the alienation of the affected communities through talks
- Organise the all-party meeting to resolve the issue.
- Infuse confidence in the community.
- A credible environmental audit should be undertaken without compromising on the ‘polluter pays’ principle.
- The TNPCB, which lack transparency, should consult the experts to assess the quality of air and water in Thoothukudi
Capital remaining for banks is ‘sufficient’: Govt.
- The government has indicated that it may not increase the capital allocation to public sector banks.
- Public sector banks has witness huge loss in the fourth quarter of 2017-18.
- The government will not increase the capital allocation beyond the already sanction amount in budget 2017-18.
- The government had announced a ₹2.11 lakh crore capitalisation plan for the public sector banks for two years, including ₹1.35 lakh crore via recapitalisation bonds in the previous year.
- The stricter norms on bad loans has resulted in loss by banks last quarter
- State Bank of India reported a loss of ₹7,718 crore
- Punjab National Bank reported a loss of ₹13,400 crore
- The Finance Ministry is planning to rate public sector banks based on their performance from the next financial year and will make the rating available on public domain.
- With regard to the vacant post of CEO in three public sector banks, Bank Board Bureau has stared the process of selecting the candidates.
- The Finance Ministry directed all the banks who were facing restrictions under the prompt corrective action framework of RBI to come out with a specific plan for the future including:
- Business strategy of bank
- The Sale of non-core assets
- Capital requirement.