Hindu Notes from General Studies-02

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Union Cabinet approves Ordinance for death penalty for rape of girls under 12 years

News

• The Union Cabinet approved promulgation of an Ordinance to provide death penalty for rapists of girls below 12 years.

Beyond News

• The Criminal Law (Amendment) Ordinance provides for stringent punishment of a jail term of minimum 20 years or life imprisonment or death for rape of a girl under 12 years.
• In the case of a gang rape of a girl below 12 years, there will be a punishment of life in jail or a death sentence.
• For the crime of a rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, which is expandable to imprisonment for rest of life.
• Minimum punishment in case of rape of women has also been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.
• The Ordinance also provides for speedy investigation and trial which needs to be compulsorily completed within two months.
• There will also be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.

Cabinet approves promulgation of Fugitive Economic Offenders Ordinance

News

• The Union Cabinet approved the promulgation of the Fugitive Economic Offenders Ordinance 2018, which would empower the government to seize the domestic assets of those deemed by a relevant court to be fugitive economic offenders.

Beyond News

• The Ordinance would lay down the measures to empower Indian authorities to attach and confiscate proceeds of crime associated with economic offenders and the properties of the economic offenders and thereby deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts, the government said in a release.
• This would also help the banks and other financial institutions to achieve higher recovery from financial defaults committed by such fugitive economic offenders, improving the financial health of such institutions.
• The Ordinance has a provision for a ‘Special Court’ under the Prevention of Money-laundering Act, 2002 to declare a person as a Fugitive Economic Offender.
• A Fugitive Economic Offender is a person against whom an arrest warrant has been issued in respect of a scheduled offence and who has left India so as to avoid criminal prosecution, or being abroad, refuses to return to India to face criminal prosecution. A scheduled offence refers to a list of economic offences contained in the Schedule to this Ordinance, the release said
• So as to ensure that the court is not over-burdened, only those cases where the total value involved in such offences is ₹ 100 crore or more will be within the purview of the Ordinance.
• The Ordinance also removes the offenders’ right to defend a civil claim in the country. It also provides for the appointment of an administrator to manage and dispose of the confiscated property.

HC introduces e-court fee payment

News

• The Madras High Court became the first court in south India and eighth in the country to introduce e-court fee payment facility.

Beyond News

• On an average there is an increase of 8 to 10% in court fee remittance every year in the Madras High Court alone.
• Unlike hundreds and thousands of judicial stamp papers filed in the court earlier whenever higher denomination of court fee had to be paid, the e-stamp facility provides for filing a single receipt irrespective of the quantum of court fee paid.

Impeachment notice against CJI ‘attack on judiciary’: Vijay Goel

News

• The notice for impeachment of the CJI given by the Congress is an “attack on the judiciary” and is “politically motivated”, Union Minister Vijay Goel said .

Beyond News

• Seven opposition parties led by the Congress had initiated an unprecedented step to impeach Chief Justice of India (CJI) Dipak Misra, moving a notice accusing him of “misbehaviour” and “misuse” of authority.
• The opposition gave a notice under a provision of the Constitution, which only talks about removal of judges of the apex court and not impeachment.
• According to media reports, the Congress has given a notice under Article 124 (4) (of the Constitution), but under this specific article there is only provision for removal of the Supreme Court judge and not for his impeachment. So, this is likely to be rejected, the Minister of State for Parliamentary Affairs said.
• He said that the resolution for impeachment has to be passed by a majority of not less than two thirds of the total membership of both the Houses.

Hindu Notes from General Studies-03

Ramsar tag likely for Sunderbans

News

• The Sunderban Reserve Forest, spread of 4,260 sq. km. with over 2,000 sq. km. of mangrove forests and creeks, is likely to be declared a Ramsar Site soon.

Beyond News

• Earlier this week, the West Bengal government gave its approval to the State Forest Department to apply for recognition under the Ramsar Convention.
• Principal Chief Conservator of Forests, West Bengal said, being conferred the status of a wetland of international importance will not only be a matter of pride for the Sunderbans but also bring a lot of international scientific attention and intervention to the area.
• The Indian Sunderbans, with 2,114 sq. km. of mangrove forests, comprise almost 43% of the mangrove cover in the country according to a 2017 Forest Survey of India report.
• Other than the forests, home to about 100 Royal Bengal tigers, the creeks and river systems of the Sunderbans are also part of the reserve forest and once conferred a Ramsar site status, it will be the largest protected wetland in the country.
• There are currently 26 sites in India recognised as Ramsar wetland sites of international importance, including the East Kolkata Wetlands also in West Bengal.
• Experts, however have been raising questions about increased encroachment at the East Kolkata Wetlands.
• Spread over 125-square-km (12,500 hectare) the wetland area of the water bodies have been decreasing over the past three decades.
• In 1986, the percentage of water bodies was 30.6% which dropped to 26.3% and in 2011 further dropped to 24.7%.
• Other than threats such as climate change, sea level rise, widespread construction and clearing of mangrove forests for fisheries is posing a danger to the Sunderbans.

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