Mains Q & A 26 May 2023

Q1. The criminal justice system requires extensive improvements to ensure efficient application of the law, uphold accountability, have a well-trained personnel, and swift case resolution. Comment. (250 Words)

Model Answer:

Introduction:

The term “criminal justice system” refers to the governmental entities tasked with upholding the law, deciding on criminal cases, and punishing offenders. According to legend, Lord Thomas Babington Macaulay was the main force behind the formulation of India’s penal laws. The Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973, and other laws govern criminal law in India.

Body:

Reforms are required:

Cases that are Pending: According to the Economic Survey 2018–19, there are currently over 3.5 crore cases that are pending in the legal system, particularly in district and subordinate courts. This gives reality to the proverb “Justice Delayed Is Justice Denied.”

Huge Undertrials: India has one of the highest numbers of convicts awaiting trial worldwide.

According to NCRB -jail Statistics India (2015), undertrial inmates make up 67.2% of the overall jail population in our country.

Investigation: A significant barrier to the swift and open administration of justice is corruption, a heavy workload, and police accountability.

Inefficiency: The criminal justice system was established to defend the rights of the innocent and punish the wicked, but in modern times, it has evolved into a tool for the harassment of regular citizens.

According to the Malimath Committee report, the current system “weighed in favour of the accused and did not adequately focus on justice to the victims of crime.”

Actions required:

Penal code: The current societal, economic, and other changes should be incorporated into the penal law. The Penal Code is broken down into different codes that include social offences, correctional offences, economic offences, and an Indian penal code (which deals with offences that need a sentence of at least 10 years).

Police procedures: Institutional reform that includes thorough criminal investigations, technology-enabled judicial system rationalisation, and a strict restriction on appeals.

Reform was mandated by the Supreme Court in Prakash Singh v. Union of India.

Seven binding orders that would help reform get started were given to the states and union territories.

Victim-centered: In order to guarantee that the victims receive justice, the system should be victim-centered. To guarantee that they do not lose faith in the system, the victim should have an opportunity to present his case, and trials must be finished quickly.

Maximising the victim’s sense of justice will need swift and transparent resolution of the issue of blame.

Another area where, if strengthened, victims are more likely to receive justice is witness protection.

Reforming the property-based bail system, providing appropriate legal assistance to eliminate the issue of undertrials, and improving jail conditions are all necessary. India must therefore modernise its antiquated system to include more effective procedures such as restorative justice, plea bargaining, etc. that will guarantee a more effective criminal justice system.

Numerous improvements that the Malimath Committee suggested must be put into action. The following are some of the Malimath committee’s key recommendations:

There is a need for extra judges to handle the enormous amount of open cases.

In order to deal with the appointment of judges to the higher courts and the amending of Article 124 to allow for the impeachment of judges, a National Judicial Commission was established.

creation of a distinct criminal division with judges with expertise in criminal law.

It is necessary to amend Article 20 (3) of the Constitution, which forbids forcing an accused person to testify against themselves.

The accused should be free to be questioned by the court in order to provide information, and if the accused declines to answer, the court should be allowed to infer negative information about him or her.

The assets seized from organised crimes should be included in the victim compensation fund, which should be established under the victim compensation statute.

Conclusion:

The changes should be responsive to the demands of both law enforcement officials and the innocent as well as improving the efficiency of the criminal justice system. To bring about overall societal peace, our policymakers must prioritise reformative justice.

Q2. How important are cooperatives in India? List the factors that made the cooperative movement in India successful. (250 Words)

Introduction:

An autonomous group of people who have come together voluntarily to address their shared economic, social, and cultural needs and ambitions through a jointly owned and democratically controlled enterprise is known as a cooperative. The requirements of the members and the larger interests of the community balance the necessity for profitability.

Body:

The significance of cooperatives:

India is an agricultural nation that established the world’s largest cooperative movement.

One such company is Amul, which works with 16 million milk farmers, 1,85,903 dairy cooperatives, 222 district cooperative milk unions, and 28 state marketing federations.

In India, there are more than 8 lakh cooperatives of all sizes and types.

A cooperative-based economic growth model, where each member works with a sense of responsibility, is particularly relevant in India.

In areas where the public and private sectors have not been able to achieve much, it offers agricultural credits and funds.

The agricultural sector receives strategic inputs from it, and consumer societies can afford to meet their consumption needs.

It is a group for the underprivileged who want to work together to find solutions to their difficulties.

It lessens social divisions and ameliorates class disputes.

It lessens the bureaucratic sins and political groups’ blunders.

It gets around the barriers to agricultural development.

It fosters an environment that is favourable for cottage and small businesses.

Specifically for women:

Increased income: According to a study of Women Dairy Cooperative Society (WDCS) members in Rajasthan, 31% of the women had turned their mud homes into cement structures with the money they made from dairying, and 39% had built concrete calf shelters.

teaches leadership: It’s critical to note that women-led cooperatives provide as a productive environment for developing rural women into leaders.

Breaks down barriers: For many women, this is the first step towards emancipation from sex norms.

Beats Information Asymmetry: The existence of collectives, such as milk unions and cooperatives, significantly increases women’s knowledge and bargaining power.

Establish a business chain: Cooperatives improve backward and forward connections in the dairy value chain, clearing the way for small farmers to be released from middlemen’s control and ensuring a minimum procurement price for milk.

According to a research by the International Development Research Centre (IDRC), 93% of women farmers who receive training along with financial assistance are successful in their endeavours, as opposed to 57% of those who only receive financial assistance.

The country is home to more than 1,90,000 dairy cooperative groups, with almost 6 million women as members, according to the most recent statistics.

Reasons for the cooperative movement’s success in India:

The expansion of cooperatives in India has been significantly influenced by economic progress and the rise in disposable income.

Better product quality results from a focus on quality. This increases client confidence and makes it simpler to keep customers.

Cooperatives have the option to choose a qualified and knowledgeable management team because they are democratic entities by nature. The most prosperous cooperatives in India are managed by qualified personnel.

Indian cooperatives’ success is greatly influenced by innovation. For instance, over the last four years, Amul has added 102 new items. Drone usage is likely to rise, which will help farmers make more money and save time and energy.

Successful branding and marketing strategies have been crucial to cooperative success. Amul’s mascot, the Amul Girl, is well-known.

After 50 years, cooperatives are still socially significant. Dairy cooperatives take part in local events like festivals, offer food, make financial and non-financial contributions to village social and cultural gatherings, and lend money to struggling farmers.

To support the Indian cooperatives, the government has started a number of changes. These reforms include the creation of the Ministry of Cooperation, a reduction in the compliance load, training, and other initiatives.

Additionally, the government has established training seminars through a number of organisations to assist cooperatives in running their businesses more effectively. The National Cooperative Development Corporation (NCDC) is one of these organisations.

Moving ahead:

The cooperative movement’s guiding principle is to bring everyone together while maintaining anonymity. The cooperative movement has the power to provide solutions to people’s issues.

The importance of community effort appears to have grown as a result of the pandemic.

The cooperative model is desperately needed to address the pressing issues of lowering vaccine hesitancy, feeding those waiting outside hospitals, and, most critically, caring for orphaned children.

putting into practise the recommendations made by the Vaidyanathan committee regarding credit cooperative societies.

Cooperatives must expand the scope of the agenda beyond cooperatives in agriculture, milk, credit, and housing.

With the development of technology, new fields are opening up, and cooperative organisations can play a significant role in educating people about those fields and technologies.

More cooperatives that are led by women need to be established.

Cooperative irregularities must be curbed, and better enforcement of existing rules is urgently required.