Topic 1 : Change and continuity in India’s Palestine policy
Context
India’s historical policy towards Palestine has been evolving, but a permanent fix to the Palestine question should not be lost sight of.
Key aspects of India-Palestine relations:
- Historical Support for Palestine: In 1974, India became the first non-Arab state to recognize the Palestine Liberation Organization (PLO) as the sole and legitimate representative of the Palestinian people.
- Recognition of the State of Palestine: In 1988, India was among the first countries to officially recognize the State of Palestine. This recognition affirmed India’s commitment to the Palestinian cause and their right to self-determination.
- Representation in Palestine: India opened its Representative Office to the State of Palestine in Gaza in 1996. Later, this office was shifted to Ramallah. Unlike in Israel, India does not have an embassy in Palestine.
- International Support: India has consistently supported Palestine in international forums. India’s backing of Palestine’s bid for non-member state status in the United Nations General Assembly in 2012 further exemplifies its unwavering support.
- Financial Assistance: India provides financial aid and assistance to Palestine. In 2016, India pledged $1.25 million to the UN relief agency for Palestinian refugees, demonstrating its commitment to alleviating humanitarian challenges in the region.
- Trade Relations: Key exports from India to Palestine include marble, granite, rice, and pharmaceuticals, while Palestinian exports mainly consist of olive oil and dates.
- Cultural Exchange: Indian arts and culture, especially Indian movies, enjoy popularity in Palestine. Various cultural activities, film screenings, and exhibitions have been organized to foster cultural exchange.
- Development Projects: India, Brazil, South Africa (IBSA) Fund has financed several development projects in Palestine, promoting infrastructure, healthcare, and capacity building.
- Advocacy for Peace: India’s stance on the Israel-Palestine issue is centered on advocating for a peaceful resolution. It consistently calls for de-escalation and dialogue during times of conflict.
- Independent Foreign Policy: India’s position on Israel and Palestine is independent and shaped by its own views and interests, not determined by external influences.
- Maintaining Historical Support: While India has diversified its foreign policy and forged closer ties with Israel, it maintains its historical support for the Palestinian cause, demonstrating a nuanced approach to the conflict.
Implications of Israel Palestine Conflict on India
- Defence Deals with Israel: India has a significant defence relationship with Israel, with defence procurement and technology cooperation. The conflict may impact this relationship, as Israel may focus more on its security needs during the conflict.
- Energy Security: India is dependent on oil imports from the Middle East, and any escalation in the region could affect energy prices and, subsequently, India’s economy.
- Impact on India-Middle East-Europe Economic Corridor: The conflict has the potential to affect the stability of the Middle East, a region of strategic importance to India.
- India recently signed the India-Middle East-Europe Economic Corridor (IMEC) as an ambitious infrastructure project aimed at connecting India, the Middle East, and Europe through various transportation modes, including shipping and rail networks.
- Instability in the region can create security challenges, and affect the smooth operation of the IMEC.
Way forward
A prolonged war in Gaza would also enhance risks of a wider conflict in the region, involving Iran, Israel and America, who are all India’s partners. An immediate end to the war, restoration of order and stability in West Asia and a permanent fix to the Palestine question are as much in India’s interests as anybody else’s in West Asia. This should be the guiding core of India’s Act West policy.
Topic 2 : India’s burgeoning death penalty crisis
Context
Death penalty sentencing reform initiated by the Supreme Court of India has failed to percolate to trial courts.
About
- With 561 prisoners on death row at the end of 2023, India’s death row population has continued to rise to reach its highest-ever numbers since 2004.
- In an unprecedented trend, the Supreme Court of India acquitted nearly 55% of the death row prisoners in the cases it heard in 2023.
- This development must be understood alongside the Court initiative to convene a Constitution Bench to reform death penalty sentencing.
Capital punishment or Death Penalty
- It is execution of an offender sentenced to death by hanging after conviction by a court of law of a criminal offence.
- According to Section 302 of the Indian penal code, 1860, an individual who commits murder shall be given the death penalty.
Issues
- The acquittals of death row prisoners by the Supreme Court deserve particular attention.
- Despite comprising a smaller proportion of death cases at the Court in previous years, these decisions underscore systemic failures by the police, prosecution, and trial courts.
- Acquittals have been outcomes of fabricated evidence, manipulated first information reports, the possibility of tampered forensic evidence and dubious recoveries of incriminating evidence by the police.
- The Court has confined itself to case-specific reprimands in acquittal decisions, without acknowledging systemic problems within which the death penalty is being administered.
- When it comes to sentencing, the Court has been more willing to recognise systemic concerns plaguing the death penalty.
- Crimes punishable under capital punishment are: Exacerbated murder, Offences performing in death, Disloyalty, spying, Terrorism related crimes, resulting in death and Military offences, not resulting in death.
The constitutionality of capital punishment
- In Deena Vs. Union Of India the court held that section 354(5) of the Indian penal code prescribed hanging as mode of execution as fair, just and reasonable procedure within the meaning of Art- 21 and hence is constitutional.
- In ‘Bachan Singh v State of Punjab’, Supreme Court upheld the constitutional validity of the death sentence and laid down that death penalty must be surrounded only in the “rarest of rare cases”.
- Machhi Singh Vs. State of Punjab case provided exceptions to the rarest of rare rule and death penalty can be invoked when Murder is committed in extremely brutal manner so as to arouse extreme indignation of the community and Murder is committed by a motive which shows total depravity and meanness
Protection under Constitution
- Article 72 – The President shall have the commute the sentence of any person convicted of any offence where the sentence is a sentence of death.
- Article 161 – Empowers the governor of a state to commute the sentence of any person convicted of any offence against a state law.
- Article 21 – No person shall be deprived of his life or personal liberty except according to procedure established by law.
- Article 134- Right of appeal was provided from the High Court verdict to Supreme Court in any case where capital punishment was imposed on an accused in reversal of acquittal order.
Way forward
- However, the growing number of acquittals by the Supreme Court in death penalty cases creates an urgency to recognise the very high chances of error in our criminal system.
- Repeated instances of acquittals from death row must force us to reconsider the risk we are taking in a system such as ours.
