THE GIST of Editorial for UPSC Exams : 19 August 2019 (A law for those who testify (The Hindu))

A law for those who testify (The Hindu)

Mains Paper 2: Polity
Prelims level: Witness and Protection and Security Act
Mains level: Requirement of Witness and Protection and Security Act in Criminal Justice system

Context

•  Maharashtra came out with the Maharashtra Witness and Protection and Security Act 2017, which was notified in January 2018.
•  However, the Centre, and most other States, are yet to act on the directive.

Background

•  Supreme court gave its assent last year to the Witness Protection Scheme drafted by the Centre.
•  The scheme was meant to be a measure in force only until the government brought out its own law on the issue.
•  The objective of the scheme is to ensure the safety of witnesses so that they are able to give a true account of the crime without any fear of violence or criminal recrimination.

Poor implementation

•  Though the scheme provides for police personnel to be deployed to protect the witness, it is silent on the punishment to be given to those policemen who themselves threaten the witnesses.
•  Criminals continue to get support from the police. The shadowy politician-police nexus is so strong that no policeman dares take any action against his ‘master’.

Way forward

•  The Witness Protection Scheme calls for more elaborate and stricter laws to be incorporated so that criminals find no loopholes that can be exploited to their advantage.
•  The sooner the Centre comes up with a legislation codifying the protection to be given to witnesses, the better it is for India’s criminal justice system.

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Prelims Questions:

Q.1) Consider the following statements about Active Pharmaceutical Ingredient (API):
1. The Drugs Technical Advisory Board (DTAB) has recommended recently to the Health Ministry to make it mandatory for companies to include codes to track-and-trace APIs to ensure authenticity of drugs manufactured in India.
2. It is the part of any drug that produces its effects.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) 1 and 2 only
d) All the above

Correct Answer: C
Mains Questions:
Q.1) To what extent improve the witness protection scheme for betterment of the India’s criminal justice system. Analyse.