1. In the Indian legal system, an offender’s economic background, education level, social status and religious identity often works against his interests in legal proceedings. Do you agree? Substantiate.
Write a short introduction.
Constitution of India provides equality before the law for all its citizens under art 14, but the access to law and justice has become highly restricted for people of lower classes, minorities and illiterates.
Structural anomalies in the institutions which dispense justice has led to miscarriage of justice,
System is biased against the backward classes and illiterates can be seen from the NCRB data, which shows that SC,ST and minorities are over represented in the under trail category, of the total under trails, 22% are SCs ,21%are Muslims and 9% are Adivasis.
A study by National Law University showed that, Of the total death row convicts, 2/3rd are from backward classes, minorities, Dalits and Adivasis, 80% of them have not completed schooling.70% of them hardly had any interaction with their lawyers and only less than half could understand legal proceedings.
Their social-economic conditions do not allow them to hire competent lawyers, or to pay the bail security money, while the rich can easily afford both.
The National legal service authority constituted in 1987, does not hire competent lawyers to defend their cases, also free legal aid is given during trail stage, by which time most of the harm is already done.
Since they have low education background, they do not understand their statutory and constitutional rights under article 21 and 22, and are subjected to custodial torture; more than 50% of them have said that they confessed under police custody because of torture.
The rich people play the system for their advantage by hiring expensive lawyers, and by repeatedly getting bail, they make the courts to expedite the hearing of their cases, which the poor and marginalized groups cannot
The situation is even dire in higher courts, where the poor cannot afford t travel to state capitals or to Delhi because of their economic status, who may have been wrongly indicted in the trail courts.
Write a brief conclusion.
Best answer: RAGHAV.
Equal Justice under Law” is symbolized by the blindfolded statue of Lady Justice, the symbol of the judiciary. However in the present days, the socio-economic identity of a person such as economic background, education level, social status and religion can affect the legal proceedings to some extent. This can be substantiated by the findings of The Death Penalty Research Project, undertaken by researchers at the National Law University in Delhi.
Significant findings of the Report:
i) Nearly 74% of the prisoners as belonging to economically vulnerable section.
ii) Over 80 per cent of prisoners facing capital punishment had not completed school with 23% of prisoners having never gone to school
iii) The report’s analysis on social and religious profiles of the prisoners states that nearly 24% belong to SC/ST communities and over 20% of prisoners were members of religious minorities
iv) 90 per cent of 189 prisoners have said that they did not have a lawyer when they were first produced before the magistrate.
The above findings clearly demonstrates the obstacles faced in legal proceedings by people owing to their socio economic vulnerabilities such as less awareness about legal rights and proceedings, Social prejudices and religious stereotypes, economic inability to meet the high costs involved and huge dependence on free legal aid.
Hence it is evident that socio economic vulnerabilities of people act affect legal proceedings and highlights the flaws in system such as free legal aid. Our Indian Judicial system firmly believes in “Justice delayed is Justice denied”. Therefore substantive reforms to remove the socio economic obstacles faced in legal proceedings are the need of the hour to ensure equal justice to all.
2. Explain the crisis being faced by Venezuela vis a vis India in their trade relations, caused by the plunging global oil market. Is there a way out to thwart such crises in the future? Examine the issue.
Crisis being faced by Venezuela vis a vis India in their trade relations
Venezuela is facing the worst economic crisis of the history mainly due to her sole dependency on oil economy and the drastic fall of the global oil market.
International drop in crude oil prices (from 150$/barrel in 2014 to 50$/barrel by 2016) has affected the mainly oil-dependent economy of Venezuela badly prompting price caps and increasing inflation.
While the trade deficit is still strongly in favor of Venezuela (Exports from India amounted to $250million, while imports averaged 10 billion $), they have been unable to complete payments for imports both due to lack of funds as well as currency caps imposed by the Venezuelan government
As India majorly exports pharmaceutical products, They are looking at a near term shortage of medicines if trade is halted. Rising inflation rates and reduction in supply of essential commodities would push the vulnerable economy to the brink.
Aside from the obvious hit to revenues of exporters, any reduction in trade could cause a loss of market to China and US.
Ministry had recently written to the Venezuelan government to resolve the issue of payment defaults.
The way out (should include at least any 4 points from below)
CURRENCY CONTROLS: is an advent of Globalization as seen currently in Venezuela. India, like China, can arrange currency swap deals to safeguard its bilateral transactions.
RISK OF LOSING MARKET: has compelled Indian pharmaceuticals to continue in Venezuela (their 3rd largest market). An insurance mechanism plus price cap to ensure that exposure to economies like Venezuela is within acceptable limits.
INCREASED OIL DEPENDENCY: Arab spring uprising had motivated India to diversify its oil resource, only to become dependent on countries like Venezuela again.
VOSTRO ACCOUNT – A certain portion of import payment by India to Venezuela can be kept in an international bank, common to both India and Venezuela, as a deposit. Later the deposit can be used to pay for Indian export.
But Indian export is much less as compared to the import from Venezuela due to high oil import. In case Venezuela withdraws the entire amount at once from Vostro account, after paying for imports, then our currency may get destabilized.
STRATEGIC STORAGE – We can have deal on strategic storage as the one we have with UAE and offer our facility to Venezuela. This would help Venezuela to trade with other Asian countries, increase its income and better be able to pay to Indian traders, apart from increasing our energy security.
TRADE IN RUPEE – The present crisis is due to trade in dollar and less dollar with Venezuela. We can solve the problem by trading in rupee. But for this there have to be a balanced trade between two countries. We can increase our export in services, education, tourism etc.
We must take active policy measures to keep up our exports, hedging it against slowing external environment.
Best answer:Snow white
Venezuela and India have always shared a cordial relation but recent oil crisis globally have hit Venezuelan economy drastically since it relies on oil exports to fuel its economy. Oil comprises of 95% of Venezuela exports and 25% GDP. Due to the oil crisis Payment Defaults have occurred in relation to India in their trade relation as low oil prices have pushed Venezuelan country at the verge of defaulting on its considerable debt as well as weakening of its currency with respect to dollar. Indian exporters who supply Venezuela are not getting payment especially India is a major exporter of pharmaceutical drugs.
India is still keeping calm with this issue as Venezuela is one of the important markets for Indian goods and pharmaceutical industry. Loosing relation with Venezuela will make way for exposing competitive market to USA and china. This will affect Indian economy.
As India is looking for other areas for importing oil instead of west Asia, it is particular with its relation with Venezuela.
Thus India itself has made a way out to help Venezuela at the point of crisis by the concept of Vostro account where 30% of money will be held in account of bank of the Indian importer payment given to Venezuela and will release this money to Indian exporter.
Trading economies shall set up a sovereign wealth fund to deal at point of crisis plus
escrow account. Long term solution also can be in form of Saudi Arabia plan of diversification and privatization to reduce dependence on oil totally. Earlier a investment fund in macroeconomic stabilization used to occur previously that needs to again started to deal with such crisis.
Thus the way forward India is looking to Venezuela crisis is correct and needs to maintain the bilateral relation.
3. Discuss the location factors of fertilizer industry. Recently, an innovative proposal has been put up which can drastically reduce the cost of production and at the same time strengthen India’s ties with the countries supplying raw materials for the industry. Can you identify the mechanism? Explain it’s advantages.
India is the 3rd largest consumer and producer in the world.
55% subsidies are in this sector.
It is a crucial component of the agricultural sector.
One of the core industries.
The governmental policy of having fertilizer units in different areas to improve backward areas.
Fertilizer industry is dependent on imports of chemicals. Thus, some units are near ports.
Manufacturing also requires petroleum products. Thus, units are either close to pipelines or refineries.
Fertilizers need to be transported. Being bulky, the railway is used. Thus proximity to railway stations is required.
The innovative proposal to boost fertiliser industry by reducing input costs is to establish fertiliser industry in the countries like Iran where the availability of natural gas is cheap, and with heightened access to Chabahar port its exports to India strengthens bilateral ties further. This method can be extended to other countries as well.
Location near supply of raw material-Natural gas and other petroleum product will reduce the cost of urea; reduce Urea subsidy and eventual Fiscal deficit ease.
Location near port facility -Chabahar will allow ease of export.
It will reduce the need to set gas pipelines in India to provide Natural gas to Madras Fertilizer and Travancore fertilizer limited.
It will strengthen bilateral relations by deepening our engagements with Iran in post sanction phase.
It will push Indian fertilizer manufacturer to improve management practices, technology due to increase competitiveness in the industry.
It would reduce electricity demand, Pollution, Emission and would help us outsource high emission task to foreign shores. Thus it will help us to achieve emission control under INDC commitment.
Research and development work could be shared by technology giants of working group of countries.
Market of different countries could be served (Indian company can sell its excess production to central Asian countries also and make profit margin).
Political turmoil affecting the trade route and means by disrupting raw material supply can be avoided and seamless production could be carried out (can transport it in bulk saving trade cost).
Employment can be generated in operational country and different engagement like currency swap etc would make the bilateral relation augment the future prospects.
Thus the mechanism apart from being economically productive is also diplomatically facilitative. India must cash on the opportunity and use it not only for domestic use but also for export
Best answer: tito
The feed of the fertilizer industry is natural gas. And since India is deficient in petroleum reserves to meet the needs of the fertilizer industry our most of the Phosphate and Potash fertilizers are imported from the gulf countries natural gas reserves that have rich. Locational Factors 1.Most of the fertilizer plants are located near the ports because it will decrease the transportation cost of the Gas imported from abroad from example Vishakhapatnam and Kakinada ports.
2. The government controls, regulates the supply of fertilizer industry that is where to sell and whom to sell.
3. Since most of them are located near ports and most our fertile lands are in the Indo-gangetic plain therefore it involves huge transportation cost. As the market is away from industry. Moreover the eastern and northern states are forced to buy from black markets at double the prices.
Recently an innovative proposal was made to build fertilizer plant in the Gulf country itself. For example the recent treaties with Iran and Oman. Advantages: 1.This will reduce the cost of raw material.
2. India can make fertilizer according to its demand which in turn will promote the efficient use.
3. It will help in developing relations with the countries as it will provide jobs to the local population.
4. It will help in reviving the oil economies as they are facing heat of low oil prices.
5. It will help in building strong ties with gulf countries. Now it will change the exporter importer relation between countries.
6. It will help in cutting down the subsidies; the fertilizer subsidy is second largest subsidy after subsidy on food.
For the food security of a country we need a robust fertilizer sector which caters the demand of agriculture sector and recent move by the government to built fertilizer industry is Iran is a step in the right direction.