IASbaba's Flagship Course: Integrated Learning Programme (ILP) - 2024 Read Details
Part of: Mains GS Paper II- Science & Technology
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TOPIC:
General Studies 1
General Studies 2
Introduction:
The Criminal Law (Amendment) Ordinance, 2018 introduces the death penalty for rape of children younger than 12 years. This article discusses how the law betrays a lack of thought on the likely impact and can endanger the lives of future victims.
Issues:
Adding burden to the existing dysfunctional system:
Instead of addressing these issues which prevent the proper implementation of the law, as it exists, on the ground, the ordinance has, instead, added to the burden of a dysfunctional system.
Issues with mandatory minimum sentences:
The POCSO and the Criminal Law (Amendment) Act, 2013 (CLAA) changed the sentencing regime for sexual offences by introducing mandatory minimum sentences, thresholds a judge did not have discretion to breach even if she felt there were mitigating circumstances that warranted it.
Therefore, enhanced mandatory minimum punishments in the ordinance are likely to be counterproductive.
Issue of age determination:
The ordinance has anchored its enhanced mandatory minimum sentences and death penalty on age, without considering the issues that arise with age determination. Given the unavailability or unreliability of age-related documents in most parts of the country, reliance is placed on ossification tests to prove the age of the victim in cases under the POCSO. Since an ossification test cannot pinpoint an exact age operates with a margin of plus/minus two years, a majority of judges add two years to the upper age limit to conclude that the victim is not a minor. The same issue is likely to arise when considering whether the victim was below the age of 16 or 12, especially if the judge does not believe the enhanced sentence (or the death penalty) is warranted.
Putting future victims at risk:
The introduction of the death penalty for the rape of children under the age of 12 is likely to put future victims (and there will be future victims because the death penalty has been shown to be no more a deterrent than a life sentence) at grave risk. Since the punishment for rape and the punishment for murder are now the same, a rapist will have no incentive to spare his victim’s life, especially since her testimony would be the most important piece of evidence against him.
What needs to be done instead?
The government needs to invest in combating the rape culture that condones and encourages rape — by age-appropriate sex education at all levels, by aggressive advertisement campaigns to increase awareness and stimulate conversations about gender bias, everyday sexism, stereotypes, consent and equality, and by making concerted efforts to change the way society raises its sons and daughters. Also, we as citizens, need to tie these issues to the goals and gains of electoral politics, so that the political parties invest in these long term, and potentially expensive, efforts.
Connecting the dots:
TOPIC:General Studies 3:
- Infrastructure: Energy
- Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment.
Introduction:
Shale gas and oil are unconventional natural resources found at 2,500-5,000 m below the earth’s surface, as compared to conventional crude oil found at 1,500 m. Because of its benefits, shale gas is being perceived by some as a ‘saviour’ of humanity.
Process of extraction:
The process of extracting shale oil and gas requires deep vertical drilling followed by horizontal drilling. The most common way to extract shale gas is ‘hydraulic fracturing’ (fracking), where high volumes of water mixed with certain chemicals are pushed down to break the rocks and release the trapped energy minerals. Fracking seems an attractive tool, both politically and economically.
Government policy:
To gain the benefits associated with shale gas, the government introduced a policy on shale gas and oil in 2013, permitting national oil companies to engage in fracking. Under the first phase, shale gas blocks were identified in Andhra Pradesh, Arunachal Pradesh, Assam, Gujarat, Rajasthan and Tamil Nadu.
Concern:
The environmental groups have strongly criticised the policy, as per them fracking will have adverse environmental impacts. Countries like Germany and France and subnational governments like Scotland have banned fracking.
Positive impacts:
Fracking is bound to have positive economic and political impacts. In the U.S., where shale gas has been commercially exploited for two decades, the prices of fuel and electricity have dropped. Recent negotiations between the Secretary of the Organisation of the Petroleum Exporting Countries (OPEC) and American shale producers to control oil production and prices show that the U.S. has gained significant political advantage. Similarly, if India commercially exploits shale deposits, it could meet its ever-increasing energy demand, decrease oil and gas imports, and improve the balance of payments.
Negative impacts:
Fracking is bound to have a detrimental impact on local communities and the environment.
Legal hurdles:
Conclusion:
In the light of the risks involved, the government should impose a temporary on fracking. And proceed only when a system to mitiagte the neagtive impacts is in place.
Connecting the dots:
A summer of gathering discontent
India and China: Over to the leaders
Policy challenges of new technology