Decoding World Affairs
Let's look into it
Bilkis Bano Case
⏹ The heinous crimes for which the 11 persons were convicted were committed in Gujarat in March 2002. However, considering the need for fair trial, these cases were shifted to Maharashtra by the Supreme Court in 2004. A CBI trial court in Mumbai sentenced the convicts to life imprisonment in 2008.
⏹ One of the convicts, Radheshyam Shah, moved the Supreme Court in 2022 seeking directions to the Gujarat government to consider his remission application under the State’s ‘Remission policy’ of 1992. The argument was that this was the policy in force at the time of the commission of offence (2002) and at the time of sentencing (2008).
⏹ The Supreme Court in an order in May 2022, directed the Gujarat government to consider Shah’s application for premature release under the 1992 policy.
⏹ The Godhra Jail Advisory Committee (JAC) headed by the District Magistrate unanimously recommended the remission of sentence for the 11 convicts and they were freed in August 2022.
What were issues involved?
[1] Should be done by Maharashtra and NOT Gujrat: The provisions of CrPC are quite clear, that the appropriate State government for considering the remission application should have been Maharashtra where the sentencing happened and not Gujarat where the offence was committed or jail term was being served.
[2] NO opinion of presiding Judge: The law requires the opinion of the presiding judge of the convicting court to be obtained before considering the remission petition, which was not followed in this case.
[3] Against Supreme Court guidelines: Supreme Court in a judgement laid down five grounds on which remission is to be considered. The first of these is whether the offence is an individual act of crime that does not affect society. It would be unfair to claim that such a heinous crime does not impact the conscience of a civilised society.
[4] Should not be granted in wholesome: SC had held that a convict serving life imprisonment does not have a right to be prematurely released on completion of 14 years in jail and that remission should be considered only on a case-by-case basis. In light of this judgment, the Home Ministry had issued an advisory in 2013 prescribing that remission should not be granted in a ‘wholesale manner’.
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⏹ The heinous crimes for which the 11 persons were convicted were committed in Gujarat in March 2002. However, considering the need for fair trial, these cases were shifted to Maharashtra by the Supreme Court in 2004. A CBI trial court in Mumbai sentenced the convicts to life imprisonment in 2008.
⏹ One of the convicts, Radheshyam Shah, moved the Supreme Court in 2022 seeking directions to the Gujarat government to consider his remission application under the State’s ‘Remission policy’ of 1992. The argument was that this was the policy in force at the time of the commission of offence (2002) and at the time of sentencing (2008).
⏹ The Supreme Court in an order in May 2022, directed the Gujarat government to consider Shah’s application for premature release under the 1992 policy.
⏹ The Godhra Jail Advisory Committee (JAC) headed by the District Magistrate unanimously recommended the remission of sentence for the 11 convicts and they were freed in August 2022.
What were issues involved?
[1] Should be done by Maharashtra and NOT Gujrat: The provisions of CrPC are quite clear, that the appropriate State government for considering the remission application should have been Maharashtra where the sentencing happened and not Gujarat where the offence was committed or jail term was being served.
[2] NO opinion of presiding Judge: The law requires the opinion of the presiding judge of the convicting court to be obtained before considering the remission petition, which was not followed in this case.
[3] Against Supreme Court guidelines: Supreme Court in a judgement laid down five grounds on which remission is to be considered. The first of these is whether the offence is an individual act of crime that does not affect society. It would be unfair to claim that such a heinous crime does not impact the conscience of a civilised society.
[4] Should not be granted in wholesome: SC had held that a convict serving life imprisonment does not have a right to be prematurely released on completion of 14 years in jail and that remission should be considered only on a case-by-case basis. In light of this judgment, the Home Ministry had issued an advisory in 2013 prescribing that remission should not be granted in a ‘wholesale manner’.
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https://decodingworldaffairs.com/israel-palestine-conflict-the-roots-of-jews-muslims-clashes/
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Decoding World Affairs
Israel-Palestine conflict: The roots of Jews-Muslims clashes
Content: (1) Start of Israel-Palestine conflict (2) Palestinians & Hamas (3) Oslo Accord (4) Geopolitical reflection (5) India's perspective
Decoding World Affairs
Let's look into challenges facing by UN court i.e., ICJ (International Court of Justice)
Context: The International Court of Justice (ICJ), the UN’s highest judicial body, is once again in news after it held hearings over the last two days in a case instituted by South Africa, accusing Israel of committing genocide in Gaza.
Let's look into the core challenges ICJ face
[1] Impartiality in question: ICJ judges ought to be impartial and cannot act as extensions of their countries. However, in the past, judges have often voted in line with the politics of their respective nations. For instance, in 2022, when the court ordered Russia to immediately halt its military operations in Ukraine, judges from Russia and China were the only ones who voted against the decision.
[2] No enforcement powers: The UN Charter authorises the UNSC to enforce the court’s decisions — however, its compliance is often at the mercy of the power politics of the permanent members of the Security Council. The enforcement of any adverse ruling against Israel is likely to be vetoed by its strongest ally, the U.S.
[3] Non-participation of powerful members: Another challenge to the court’s efficacy is the non-participation of powerful member states in its proceedings. In the proceedings instituted by Ukraine against Russia in 2022, the latter refused to advance submissions “in light of the apparent absurdity of the lawsuit”.
[4] Excessive delay: The ICJ’s slow and bureaucratic procedure resulting in rulings taking years to be pronounced has also been a subject of criticism.For e.g. A 2019 case instituted by Gambia against Myanmar for its military crackdown on Rohingya refugees is still in trial. The court took nearly two and a half years to deliver its judgment on preliminary objections since Gambia’s initial plea, requesting provisional measures.
[5] Potential fragmentation of international law: Today, the court exists alongside the Permanent Court of Arbitration, the International Criminal Court, the International Tribunal for the Law of the Sea, and panels established under the WTO.
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Let's look into the core challenges ICJ face
[1] Impartiality in question: ICJ judges ought to be impartial and cannot act as extensions of their countries. However, in the past, judges have often voted in line with the politics of their respective nations. For instance, in 2022, when the court ordered Russia to immediately halt its military operations in Ukraine, judges from Russia and China were the only ones who voted against the decision.
[2] No enforcement powers: The UN Charter authorises the UNSC to enforce the court’s decisions — however, its compliance is often at the mercy of the power politics of the permanent members of the Security Council. The enforcement of any adverse ruling against Israel is likely to be vetoed by its strongest ally, the U.S.
[3] Non-participation of powerful members: Another challenge to the court’s efficacy is the non-participation of powerful member states in its proceedings. In the proceedings instituted by Ukraine against Russia in 2022, the latter refused to advance submissions “in light of the apparent absurdity of the lawsuit”.
[4] Excessive delay: The ICJ’s slow and bureaucratic procedure resulting in rulings taking years to be pronounced has also been a subject of criticism.For e.g. A 2019 case instituted by Gambia against Myanmar for its military crackdown on Rohingya refugees is still in trial. The court took nearly two and a half years to deliver its judgment on preliminary objections since Gambia’s initial plea, requesting provisional measures.
[5] Potential fragmentation of international law: Today, the court exists alongside the Permanent Court of Arbitration, the International Criminal Court, the International Tribunal for the Law of the Sea, and panels established under the WTO.
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Decoding World Affairs
What should India do? Let's look into it...
⏹ Why did India map troops in Maldieves?
[1] Quick disposal of troops: Firstly, Sea land of communication near Maldieves from where maritime trade is being done. Secondly, Somalia is also very close that poses threat to piracy.
[2] Training Maldivian troops: India has kept forces to train Maldivian forces.
[3] Aiding Maldieves: It involved aid in the form of financial assistance during the 2004 Tsunami, the 2014 Water Crisis and the pandemic.
⏹ What should India withdraw troops temporarily?
[1] Take a step back: Sometime, taking steps back are needed for greater good. Temporarily if India withdraws, it would definitely benefit India. It will create win-win situation. Muizzu would be able to say that he has promised election promises. India will be able to continue projects.
[2] Delegitimized Chinese approach: If India continues with bottom up approach against Chinese top down approach, it would give comparative differences among the people of Maldieves. India may gain legitimacy in long term.
[3] Building parallel leadership: India should start backing Wahid Hasan (a dissent faction of Progressive party of Maldieves to which Muizzu belong) along with backing Ibrahim Solih. If India brings Wahid Hasan and Ibrahim Solih together to from govt by inducing crack, it would weaken anti-India narrative.
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[1] Quick disposal of troops: Firstly, Sea land of communication near Maldieves from where maritime trade is being done. Secondly, Somalia is also very close that poses threat to piracy.
[2] Training Maldivian troops: India has kept forces to train Maldivian forces.
[3] Aiding Maldieves: It involved aid in the form of financial assistance during the 2004 Tsunami, the 2014 Water Crisis and the pandemic.
⏹ What should India withdraw troops temporarily?
[1] Take a step back: Sometime, taking steps back are needed for greater good. Temporarily if India withdraws, it would definitely benefit India. It will create win-win situation. Muizzu would be able to say that he has promised election promises. India will be able to continue projects.
[2] Delegitimized Chinese approach: If India continues with bottom up approach against Chinese top down approach, it would give comparative differences among the people of Maldieves. India may gain legitimacy in long term.
[3] Building parallel leadership: India should start backing Wahid Hasan (a dissent faction of Progressive party of Maldieves to which Muizzu belong) along with backing Ibrahim Solih. If India brings Wahid Hasan and Ibrahim Solih together to from govt by inducing crack, it would weaken anti-India narrative.
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https://decodingworldaffairs.com/why-do-indian-cities-witness-frequent-flood/
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Decoding World Affairs
Why do Indian cities witness frequent floods?
Content: (1) Why cities are sinking? (2) Why we are not serious about urban flood? (3) Weaker section at receiving end (4) Prospect of cities.
"Believe in Yourself and You will be unstoppable"....
I am very glad to tell you all that the Owner and Mentor of this group Gaurav Singh has been selected today as NIACL Administrative Officer....His journey from 2018 is very inspirational and known to very few...The ups and downs of life that he faced in these years ultimately resulted in success..... Congratulations Gaurav❤️ ...
-Aamir Khan
I am very glad to tell you all that the Owner and Mentor of this group Gaurav Singh has been selected today as NIACL Administrative Officer....His journey from 2018 is very inspirational and known to very few...The ups and downs of life that he faced in these years ultimately resulted in success..... Congratulations Gaurav❤️ ...
-Aamir Khan
❤22
External Affairs Minister S Jaishankar has commented on the ongoing diplomatic row between India and Maldives and asserted “politics is politics", and added that one cannot guarantee in every country, every day, everybody will support us or agree with India. The remark was made even as Maldives established 15 March as deadline for India to pull back its troops from the island.
There could not be a bigger sign than these things that a state has failed. It is a point where the concerned state has no faith in negotiation or diplomacy. Probably that could be the reason behind unilateral steps taken by the US, India and now Pakistan.
[1] On May 1, 2011, the United States unilaterally launched a raid to capture or kill al-Qaeda chief Osama bin Laden in northern Pakistan.
[2] India has carried out surgical strikes against militants along the de-facto border with Pakistan in Kashmir amid Pulwama and Pathankot attack.
[3] Recently, Iran launched strikes against Pakistan as a retaliatory response to the death of 11 Iranian police force members who were killed by the notorious Sunni terror group, Jaish al-Adl.
[1] On May 1, 2011, the United States unilaterally launched a raid to capture or kill al-Qaeda chief Osama bin Laden in northern Pakistan.
[2] India has carried out surgical strikes against militants along the de-facto border with Pakistan in Kashmir amid Pulwama and Pathankot attack.
[3] Recently, Iran launched strikes against Pakistan as a retaliatory response to the death of 11 Iranian police force members who were killed by the notorious Sunni terror group, Jaish al-Adl.
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Decoding World Affairs
There could not be a bigger sign than these things that a state has failed. It is a point where the concerned state has no faith in negotiation or diplomacy. Probably that could be the reason behind unilateral steps taken by the US, India and now Pakistan.…
Reactions?
⏹ Pakistan: Islamabad has strongly condemned the unprovoked violation of its airspace by Iran, recalled its ambassador from Iran, and suspended all high-level visits citing violation of sovereignty.
⏹ India: India has backed Iran in its missile attack on alleged terror camps in Pakistan’s Balochistan Province, calling it an act of “self-defence”.
⏹ Pakistan: Islamabad has strongly condemned the unprovoked violation of its airspace by Iran, recalled its ambassador from Iran, and suspended all high-level visits citing violation of sovereignty.
⏹ India: India has backed Iran in its missile attack on alleged terror camps in Pakistan’s Balochistan Province, calling it an act of “self-defence”.
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https://decodingworldaffairs.com/not-all-who-wander-are-lost/
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