The Hindu Editorial Analysis- 30th October 2023 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

A war where humanity is on trial now

Why in News?

On October 7, 2023, on the 50th anniversary of the Yom Kippur War, Hamas launched a brutal attack on Israel, killing more than a thousand people, mostly civilians, and kidnapping over 200 more. The unprecedented attack was devastating for Israel. 

What was Yom Kippur war?

• Yom Kippur War (also known as October War or Ramadan War) took place from October 6 to 25, 1973, with Israel facing off against Egypt and Syria.
• This conflict came after Israel's significant victory in the Six-Day War of 1967 and is often referred to as the Fourth Arab-Israeli War.
• During the holy Islamic month of Ramadan, Egypt and Syria initiated a coordinated surprise attack, initially gaining the upper hand.
• Israel eventually counterattacked, leading to a ceasefire brokered by the UN, although not before the superpowers, the US and the Soviet Union, became involved.
• This war challenged the perception of Israel's invincibility.

What is Yom Kippur?

• Yom Kippur holds a significant status in Judaism and Samaritanism as the most sacred day.
• It is recognized as the Day of Atonement.
• This observance takes place on the 10th day of the Tishri lunar month, generally in September or early October.

Why was the significance of the Yom Kippur war?

• Yom Kippur War held significance as it exposed Israel's vulnerability, even though they eventually emerged victorious.
• Egypt's objective was to weaken Israel rather than to achieve an outright defeat.
• This conflict instigated diplomatic efforts, leading to the 1978 Camp David Accords. These negotiations resulted in Israel ceding the Sinai Peninsula back to Egypt and marking the establishment of the first Arab-Israeli peace treaty in 1979.
• In contrast, Syria did not gain any advantages and witnessed Israel's continued occupation of the Golan Heights.

Why is the current violence being compared with the Yom Kippur war?

• Significant Event: The recent attack is notable as it is the most deadly assault on Israel since the Yom Kippur war, where more than 2,500 Israeli soldiers lost their lives.
• Israeli Criticism: Another noteworthy aspect is the internal criticism within Israel regarding the country's lack of preparedness for the attack. This is surprising considering Israel's advanced intelligence and interception systems.
• Timing: The attack occurred at a moment when many Israelis were getting ready to celebrate Simchat Torah, which is a holiday marking the conclusion of the annual cycle of public Torah readings and the start of a new one.
• Torah Definition: The Torah is comprised of the initial five books of the Hebrew Bible.

Why in News?

A parliamentary committee appears to be quite close to finalising its report on the three Bills seeking to replace the existing criminal laws. The Parliamentary Standing Committee on Home Affairs has postponed the adoption of the draft report, following demands from Opposition members that they be given more time to study it.

What is the need for reforms?      

• Outdated Laws: The Indian Penal Code, enacted in 1860 during British colonial rule, is outdated in the current context.
• Lack of Technological Emphasis: The Code of Criminal Procedure, introduced in 1861, did not prioritize the use of technology.
• Reforming Indian Evidence Act: The Indian Evidence Act of 1872 requires modernization to meet contemporary needs, as it hinders the delivery of swift justice.
• Miscarriages of Justice Due to Police Delays: Slow police investigations often lead to severe miscarriages of justice.
• Constitutional Right to Speedy Trial: The Supreme Court recognizes that a speedy trial is a fundamental aspect of the right to life and liberty, as outlined in Article 21 of the Constitution.
• Justice Disparities: Access to justice is skewed in favor of the wealthy and influential, disadvantaging marginalized and vulnerable individuals.
• Overcrowded Jails and Backlogged Courts: Prisons are overflowing with undertrials, and the sluggish court system is burdened by approximately 50 million pending cases.
• Supreme Court Backlog: According to a 2017 survey, nearly 60,000 cases are awaiting resolution in the Supreme Court.
• Delayed Equity is Denied Equity: Justice delayed is tantamount to justice denied.

What are the advantages of the bills?

• Legal Revisions: The proposed changes encompass a wide range of offenses such as terrorism, corruption, mob lynching, and organized crime, bringing them under the purview of criminal laws.
• Universal Complaint Registration: The system of Zero FIR enables individuals to file a police report at any police station, irrespective of the location where the crime occurred.
• Technological Integration: Emphasizing the use of ICT applications, the reforms suggest incorporating video recording during search and seizure operations, and increasing the utilization of electronic evidence and forensic techniques in investigations.
• Alternative Punishment: A novel approach is introduced with community service as a new form of punitive measure.
• Sedition Law: The offense of sedition has been modified to prevent potential misuse by introducing a test for determining criminal intent.
• Expedited Justice: The reforms advocate for the implementation of video trials and conducting trials in the absence of the accused to facilitate speedy justice.
• Alignment with Court Decisions: The proposed bills exclude cases of attempted suicide and adultery, aligning with rulings from the Supreme Court.
• Undertrial Release: Police Superintendents are tasked with ensuring that applications are submitted to the court for the release of undertrials who have served either half or one-third of their maximum possible sentence.

What are the challenges associated with the bill?

• New Sedition Definition: The proposed bill aims to punish actions that threaten the sovereignty, unity, and integrity of India, but it grants the police extensive powers of arrest.
• Vagueness in Offenses: The drafted offenses suffer from vagueness, which heightens the risk of arbitrary arrests and should have been addressed.
• Religion and Blasphemy Laws: The legislation should have revisited laws related to religion and blasphemy.
• Borrowed Offenses: Some new offenses are borrowed from existing laws without clear justification for this adoption.
• Criminalizing Speech: Reconsideration is needed for offenses like sedition and obscenity, which potentially infringe on free speech.
• Marital Rape: Despite robust laws against sexual violence, marital rape remains uncriminalized in India.
• Outdated Terminology: The term "modesty" in the context of "outraging the modesty of a woman" should be removed.
• Bail Adjudication: The new bills do little to address how bail is decided and accessed.
• Torture in Investigation: Without changes to evidence legislation regarding statements to the police, torture may persist as an institutional problem.
• Death Penalty for Mob Lynching: Sentencing a mob to death may not be an appropriate punishment.
• Retention of Outdated Laws: Although the bills removed some outdated references, more than 80% of the 160-year-old Indian Penal Code remains unchanged.
• Institutional Challenges: The requirement for forensic investigation at every crime scene is proposed, but issues surrounding the collection and analysis of forensic evidence and their use in courts have not been addressed.
• Committee Representation: The committee established in 2020 for public consultations lacked adequate representation and its methodology for processing submissions remains undisclosed.
• Unavailability of Committee Recommendations: The recommendations of the committee are not accessible to the public.
• Misuse of Criminal Law: The political executive has consistently used criminal law as a preemptive tool, which raises legitimate concerns.
• Expanded Police Custody: The period for which an arrested person can be held in police custody has been extended from 15 days to 60 or 90 days, depending on the offense.
• International Practices: Countries like Singapore, Malaysia, Sri Lanka, and Bhutan still rely on colonial penal codes. Singapore recently updated its code to meet contemporary requirements.

What lies ahead?

• Balancing Act: The reform of the criminal justice system needs to delicately balance state security requirements and individual freedoms.
• Crucial Principles: Ensuring the principles of equality and fairness are pivotal when evaluating and regulating changes in criminal law to maintain public confidence.
• Reform Assessment: The success of these reforms should be gauged by their effects on marginalized individuals, victims, and those with limited financial means.