DAILY NEWS ANALYSIS

Recently, the 4^th edition of Global Study on Homicide Report was released.

• Published by – United Nations Office on Drugs and Crime (UNODC).
• Objective - To reveal into the facts behind the violence, to try and identify notable trends and to inform policies and solutions.
• Data source - Updated UNODC homicide statistics dataset.

UN Surveys on Crime Trends and the Operations of Criminal Justice Systems (UN-CTS) is conducted annually to collect data from UN member nations along with other pertinent data sources.

• Covers 3 categories – Homicides related to criminal activities, interpersonal homicides, and socio-politically motivated homicides.
• 2023 Report – It highlights regional and sub-regional trends, demographics, age, and gender profiles of victims and it considers the impacts of megatrends like climate change and even Covid-19.
• It also examines the criminal justice system’s response to, seeking to identify areas for improvement and intervention.

SDG Goal 16 of the 2030 Agenda for Sustainable Development is to significantly reducing all forms of violence and related death rates.

Key Findings of the Report

• Increased violence – Due to disputes over water access and worsening situation with population growth, economic expansion and climate change.
• Year 2021 was exceptionally lethal with an estimated 458,000 intentional homicides worldwide, averaging 52 killings every hour.
• India (2019-21) – 16.8% or every 6^th of all murders is due to disputes over natural resources or property.
• About 0.5% or 300 were due to water-related conflicts.

The Centre withdraws all three criminal law Bills and introduces new set of draft legislations.

Why the criminal Bills are revised?

• In August 2023, three Bills were introduced in Lok Sabha.

Aim- To overhaul the existing criminal laws and make them more contemporary and comprehensive.

• The three Bills were referred to the standing committee, they proposed key changes to the Bills.
• Subsequently, the centre revamped criminal law Bills.

What were the revised reform Bills key changes?

Bharatiya Nyaya Sanhita Bill, 2023

Recently, Bharatiya Nyaya Sanhita Bill 2023 was introduced in the Lok Sabha to replace Indian Penal Code (IPC), 1860.

What is IPC, 1860?

Lord Thomas Babington Macaulay is said to be the chief architect of codifications of criminal laws in India.

• Origin- It was enacted aftermath the Rebellion of 1857 which is the brainchild of Thomas Babington Macaulay.
• It was introduced by the British in 1860, making it the longest surviving code in the common law world.
• Recommendation- It was based on recommendations of the 1^st Law Commission of India established in 1834 under the Charter Act of 1833.
• Substantive law- It is a law which defines
  • Rights and responsibilities in civil law
  • Crimes and punishments in criminal law
• Punishments- They are divided into 5 major sections.
  • Death
  • Imprisonment for life, general imprisonment
  • Forfeiture of property and fine

What are the key features of the Bill?

• New provisions- The bill includes offences related to organised crime and terrorism for the 1^st time.

• Punishment-
  • All types of gang rape -20 years of imprisonment or life imprisonment
  • Rape of a minor - Death penalty
  • Various offences have also been made gender neutral
• Community service- The bill proposes community work as a penalty for minor transgressions, which will be included for the first time in the penal code.
  • This brings it closer to the US, where acts like vandalism, petit theft, and drunk driving are punished.
• Mob lynching- When a group of 5 or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, each member of such group shall be punished.
• Criminalises sexual intercourse- It is criminalised under the false pretext of marriage or by deceitful means (false promise of employment or promotion, inducement or marrying after suppressing one’s identity).
  • This is a notable change since IPC does not have an explicit clause dealing with instances of sexual intercourse based on a false promise of marriage
• Adultery- The provision for the offence of adultery has also been omitted.
  • This is in line with the Supreme Court’s ruling in Joseph Shine v. Union of India, 2018 in which criminalization of adultery in IPC is held as unconstitutional.
• Struck Section 377- It does not include any punishment for unnatural sexual offences against men.
  • It is in lines of Navtej Singh Johar vs Union of India 2018 case.
• Marital rape- The provision legalising marital rape has been retained.
  • The issue is currently pending in Supreme Court challenging the constitutional validity which provides exception to non-consensual matrimonial sex from the offence of rape.

What is the stand on offence of sedition?

The new Bill on IPC completely repeals the offence of sedition which is reflected in Section 124A of the IPC. The bill aims to give justice not punishment.

• Offences against the State- It criminalises acts which endangers sovereignty, unity and integrity of India.
• Wider definition- Section 150 criminalises aiding through financial means any acts of subversive activities or those encouraging feelings of separatist activities.
• This is a wider definition than that recommended by the 22nd Law Commission of India.
• Enhanced punishment- It is increased to 7 years imprisonment from the 3 years provided under Section 124A of the IPC

Recently Rajya Sabha passed The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Bill, 2023.

What are the key features of Bill?

• Election Commission- It will consist of a Chief Election Commissioner (CEC) and other Election Commissioners (ECs). The President will periodically fix the number of ECs.
• Appointment of the Commission- The Commission will be appointed by the President, upon the recommendation of the Selection Committee.

• Search Committee- It is headed by the Cabinet Secretary, it will suggest five names to the Selection Committee.
• The Selection Committee may consider any person other than those suggested by the Search Committee.
• Eligibility criteria- The CEC and ECs must
  • Be a persons of integrity,
  • Have knowledge and experience in the management and conduct of elections, and
  • Be or have been Secretary (or equivalent) to the government.
• Tenure- Members of the Election Commission will hold office for six years, or until they attain the age of 65 years, whichever is earlier.
• Reappointment- Members of the Commission cannot be re-appointed. If an EC is appointed as a CEC, the overall period of the term may not be more than six years.
• Salary, allowances and other conditions- It will be equivalent to that of the Cabinet Secretary.
• Pension provisions- They will have an option to draw pension and other retirement benefits from the service that they belonged to previously.
• Removal- It retains the manner of removal of CEC and ECs as specified in the Constitution.
  • CEC- He/She may be removed in the same manner and on the same grounds as a Supreme Court Judge.
  • EC- They may be removed only upon the recommendation of CEC.

What is the issues with the Bill?

• Lack of autonomy- The Selection Committee may be dominated by the government and compromise the independence of the Election Commission.
• The Supreme Court had suggested to include Chief Justice of India instead of a Cabinet Minister, to ensure more balance and impartiality.
• Government interference- The Bill allows the Selection Committee to make recommendations even when there is a vacancy in the Committee, this may result in the monopoly of the government in selection of candidates.
• Salary provisions- It is equivalent to Cabinet Secretary, which may lead to government influence as it is fixed by the government, it should be equivalent to salary of Supreme Court judge, which is fixed by an Act of Parliament and requires more consensus.
• Eligibility criteria- It limits to senior bureaucrats, who have been or are at rank equivalent to Secretary to the government. This may exclude other suitable candidates especially those who have judicial experience or expertise.

What is the Supreme Court ruling regarding the appointment of CEC and EC?

• Anoop Baranwal case, 2023 - It held that there has been a legislative vacuum due to the absence of any law by Parliament in the last 73 years (since the adoption of the Constitution) with respect to the appointment of the CEC and EC.
• The independence of the ECI is essential for ensuring free and fair elections that is paramount for a vibrant democracy.
• It drew reference to various other institutions supporting constitutional democracy that have independent mechanisms for the appointment of its head/members like the National and State Human Rights Commission, the Central Bureau of Investigation (CBI),etc.,
• Committee recommendations- Dinesh Goswami Committee and the Law Commission report on Electoral Reforms suggested that the CECs and ECs should be appointed by a committee consisting of the Prime Minister, the Chief Justice of India (CJI) and the Leader of the Opposition or the largest Opposition party in the Lok Sabha.
• Interim arrangement- The Court exercised its power under Article 142 laid down that the CEC and ECs shall be appointed by a committee consisting of the Prime Minister, the CJI and the Leader of the Opposition or the largest opposition party in the Lok Sabha.

Article 142 grants special powers to the Supreme Court to provide complete justice in any cause or matter pending before it.

• The Bill removes Chief Justice of India from the selection process that was laid under Anoop Baranwal case.