analysis

The Hindu Editorial Analysis Free PDF Download | By Veer – 21st July 2018

Onus on the CBI

ThecaseagainstP.Chidambaramisanothertestfortheagency‟scredibility
Runup tothe2019LokSabhaelection.
Italsocameontheeve ofthedebateinParliamentonanoconfidencemotion
CBI has filed a charge sheet against Mr. Chidambaram, his son Karti Chidambaram and 16 others, on the ground that Foreign Investment Promotion Board approval was granted for investments made in Aircel by Global Communication Holdings Service, a Mauritiusbased subsidiary of Maxis, a Malaysian conglomerate, in violation of norms.
Mr. Chidambaram is accused of cheating and bribery, and having exceeded his authority by clearing investments amounting to ₹3•200 crore, whereas any investment above ₹6•00 crore needed the clearance of the Cabinet Committee on Economic Affairs.

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Fault lines in a ‘landmark’ judgment

 

  • The verdict on the SC/ST Atrocities Act marks the collapse of the constitutional scheme to protect the weaker sections
  • July 6, the day of his retirement as a judge of the Supreme Court, Justice A.K. Goel defended the verdict that he delivered on March 20, 2018 for the bench — framing guidelines on how to deal with a person accused under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • “An innocent should not be punished- There should not be terror in society…

We do not want any member of the Scheduled Castes (SCs)/Scheduled Tribes (STs) to be                deprived of his rights.”

  • Protect those falsely accused under the Act was first raised by a parliamentary committee in December 2014 and the apex court did so in March 2018

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This law does three things:

1.It punishes crimes against people belonging to Scheduled Castes and Tribes.

2.It gives special protections and rights to victims.

3.It sets up courts for fast completion of cases.

Why the dilution?

  • Strangely, Justices A.K. Goel and U.U. Lalit in Kashinath Mahajan, have diluted the stringent provision of denial of anticipatory bail in the SC/ST Act.
  • The judgment gives no prominence to caste atrocities and ignores untouchability, which is still prevalent.
  • The decline in the conviction rate for crimes against Dalits has created an impression that this may be driven by false filing of cases.
  • But data from NCRB do not seem to support this
  • In fact, the share of false cases under the SC/ST Act has declined over time(2009- 2015).
  • The conviction rate too has in fact improved — from 23.8% in 2013 to 28.8% in 2014.
  • The court‟s single-minded mission to end “terror in society”
  • he twist in the tale is the Constitution (123rd Amendment) which seeks to create the new National Commission for Backward Classes under a new Article 338B.
  • The task of balancing the rights of innocent persons facing false accusations and the need to accord legitimacy to the Atrocities Act requires compassion, equanimity, reverence for the Constitution and awareness so even impromptu comments from the top court will acquire the force of law.
  • Unfortunately, the March 20 verdict lost that balance.

Prelims Focus Facts-News Analysis

  • Page-1-Trust vote sets the tone for 2019 poll
  • Rahul flags defence deals, crony capitalism;
  • PM says Opposition unity only aimed at removing him

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Prelims Focus Facts-News Analysis

  • Page-1-SC collegium stands firm on Justice Joseph
  • „Govt. has nothing adverse against him

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Prelims Focus Facts-News Analysis

  • Cryptocurrencies will boost illegal transactions: RBI to SC
  • „They are immune from government interference‟

 

Prelims Focus Facts-News Analysis

  • India to host U.S. for 2+2 talks
  • Dialogue comes amid concern over impact of anti-Iran sanctions from August 6
  • India will host inaugural round of the two-plus-two dialogue with the U.S. on September 6. The ministerial-level meeting will cover bilateral, regional and global issues, the External Affairs Ministry

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Prelims Focus Facts-News Analysis

  • WhatsApp to cap number of forwards to five chats per user
  • It will be 20 for the rest of the world; the current limit is 250 chats
  • Taking steps to prevent misuse ahead of polls
  • ‘Increased cancer risk for diabetics’
  • Study says women at greater risk than men
  • Farmers pass a no-trust verdict
  • S. President Donald Trump said in an interview released on Friday he is willing to hit all Chinese goods imported to the U.S.
  • with tariffs if necessary

 

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