CURRENT AFFAIRS 15 NOVEMBER 2019

CURRENT AFFAIRS

15 NOVEMBER 2019

1.Sabarimala case(gs-1,2)

Context: Sabarimala case: larger Bench to decide role of courts in religion
A majority judgment delivered by a fix judge Bench led by Chief Justice of India (CJI) Ranjan Gogoi on Thursday kept a fi??nal decision on the Sabarimala review and writ petitions in abeyance till a larger Bench of seven judges delivers an “authoritative pronouncement” on the exact role a non epistolary court can play in deciding whether a particular practice is essential or integral to a religion. The review Bench, however, did not pass any interim order for stay of its September 28, 2018 judgment, which upheld the right of women aged between 10 and 50 to enter and worship at the temple in Kerala. Chief Justice Gogoi, delivering the majority opinion along with Justices A.M. Khanwilkar and Indu Malhotra, framed a series of questions for the larger Bench

Sabarimala case so far(source:rstv):

The Supreme Court paved the way for the entry of women of all ages into the Ayyappa temple at Sabarimala in Kerala. The five-judge constitution bench headed by Chief Justice Dipak Misra, in its 4:1 verdict, said that banning the entry of women into the shrine is gender discrimination and the practice violates rights of Hindu women. The CJI stated that religion is a way of life which links life with divinity. The lone woman judge in the bench passed a dissenting judgment and said that issues which have deep religious connotation should not be tinkered with to maintain a secular atmosphere in the country. She was of the view that it is not the task of courts to determine which religious practices are to be struck down, except social evils like 'Sati

What is the Sabarimala case?

A group of five women lawyers challenged Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which authorises restriction on entry of women “of menstruating age” to the shrine. They moved to the apex court after the Kerala High Court upheld the centuries-old restriction, and ruled that only “tantri (priest)” is empowered to take decision on traditions.
The petitioners argued that the restrictions are against Articles 14 (Equality before law), 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 17 (Abolition of Untouchability) of the Indian Constitution.
The temple management has argued in court that they should be allowed to frame rules for the shrine without the state’s interference. They also said that the practiceisn't discriminatory as the tradition was born from the belief that the deity is a ‘naishtika brahmachari’ (eternal celibate).
While the Kerala government had opposed the entry of women in 2016, it told the SC during the hearing in 2018 that it was in favour of allowing women to pray in the temple.

The Debate Behind the Case

The Sabarimala case brings forth two issues which form the core of the debate.
The constitutional morality has to be held supreme at any cost. In light of this, ban on entry of women, not only corrodes the foundational principles of the constitution, but also act as a barrier to the gradual liberation of women.
On the other hand, Indian society is a fabric comprising hundreds of cultural and religious practices that have been passed through generations. The question then arises that whether these ancient practices be sacrificed for achieving constitutional morality or exemptions for cases like these have to be identified.

The Debate Against the Judgment

The argument is that the Sabrimala visitor has to observe a 41-day penance which is essential for the pilgrimage to Sabarimala. According to the Travancore Devaswom Board, such penance would be difficult for women to undertake.
Another argument emphasized ‘Naishtika Brahmacharya’ or the celibate nature of the deity. Hence, the entry of women is in direct contravention to the deity’s liberty.
However,
2 of the 5 petitioners withdrew after having conceded that they do not see the practice as discriminatory.
Of the five-judge bench, the only judge who has dissented is a woman. These two factors wither the base of appeal.

The Debate in Favour of the Judgment

Judgment upheld that, the constitutional morality is supreme. Therefore, individual, regional, societal and religious moralities are secondary. In light of this understanding, rituals followed in Sabarimala are ultra vires to the constitution.
“Prohibition of women entry is a form of untouchability”. The sole basis of restriction is menstruation of women. The Sabarimala temple cannot claim the character of an independent religious denomination since it is managed by the Travancore Devaswom Board, which receives public funds. As a result, the temple cannot practice gender-based discrimination, as it violates Articles 14 and 15 of the Constitution.

Article 26 vs. Article 14

Article 26 - Freedom to manage religious affairs subject to public order, morality and health, every religious denomination or any section thereof shall have the right.
Article 14 - Equality before the law. The State shall not deny any person equality before the law or the equal protection of the laws within the territory of India. There is a prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
The majority in judgment has stated that the right to equality would prevail over right to practice.

The Judgment and Gender Equality

According to the judgment, the prohibition was based on a natural, physiological process. When you are suggesting that menstruating women cannot enter a temple, they are basically being castigated based on their gender.
Indian society off late has shown a hint of accommodating progressive ideas by including menstrual hygiene as a talking point. Not only educated women but NGOs and government have taken an active step to make the society educated on this issue. State funding, distribution of pads and films are made on this issue, which is the correct stance of the society.
All changes begin with rejection or partial rejection of practices that were in motion for hundreds and thousands of years. Sabarimala judgment is one such rejection. Traditions should also change with time.
Being one of the milestones, this judgment might open a floodgate for litigations in the future.

2.New Educationn Policy (NEP)(gs-2)

Context:Teachers from central universities protest NEP
Several students and teachers from various central universities here took out a rally under the banner of Federation of Central Universities Teachers’ Association (FEDCUTA) from Mandi House to Parliament Street, demanding the withdrawal of the proposed New Education Policy (NEP)

New Educationn Policy (NEP):

Background:

In May this year, the draft National Education Policy (NEP) developed by a committee chaired by K. Kasturirangan was shared by the ministry of human resource development (MHRD) for public comment. A comprehensive education policy for India is on the anvil for the first time since 1986.

Key highlights of the draft:

Early childhood care and education:
High-quality early childhood care and education will be provided for all children between the ages of 3 and 6 by 2025.
This will be done within institutions such as schools and anganwadis, which would have a mandate to take care of the overall well-being of the child—nutritional, health, and education.
These institutions will also provide similar support to families for children younger than three years of age—within their homes. The criticality of brain development in the early years has become clear in the past few decades; this policy will result in a massive positive multiplier effect on society.

Ensuring foundational literacy and numeracy:
Every student will start achieving age-appropriate foundational literacy and numeracy by 2025. A slew of programmes and measures are articulated for this purpose. This is aimed at the basic issue facing our education system today—of students not being able to read, write and do elementary math

Transformed curricular and pedagogical structure for school education:
The curriculum and pedagogical structures will be designed anew to be appropriate and effective, based on children’s cognitive and socio-emotional development

The curriculum will be integrated and flexible with equal emphasis on all subjects and fields. There will be no separation of curricular, co-curricular or extra-curricular areas—with all in a single category of equal importance.
Vocational and academic streams will be integrated and offered to all students. Examination systems will be radically changed to assess real learning, make them stress-free, and aim for improvement instead of the passing of judgements.
Universal access and retention in schools:
All Indians between ages 3 and 18 to be in school by 2030. The Right to Education Act will be extended from pre-school to class XII.

Teachers at the centre:

The profession of teaching, and so teachers, will be at the centre of the education system, focused on the student and educational aims. All schools will be fully resourced with teachers—with working conditions for an energetic work culture. No “temporary” teachers will be allowed; all positions will be filled with competent and qualified teachers. A development-oriented performance management system will be put in place. The teacher education system will be transformed, with rigorous teacher preparation through a four-year integrated stage and subject-specific programmes offered only in multi-disciplinary institutions.

New institutional architecture for higher education:

India’s current 800 universities and over 40,000 colleges will be consolidated into about 10,000-15,000 institutions of excellence to drive improvement in quality and expansion of capacity. This architecture will have only large multi-disciplinary institutions, with significant investment.
Three types of higher education institutions will be there: Type 1 universities focused on research but also teaching all programmes, undergrad to doctoral; Type 2 universities focused on teaching all programmes while also conducting research and; Type 3 colleges focused on teaching undergrad programmes. All types will grant their own degrees. There will be no system of university affiliations.

High-quality liberal education:

All undergraduate education will be broad-based liberal education that integrates the rigorous study of sciences, arts, humanities, mathematics and vocational and professional fields with choices offered to students. Imaginative and flexible curricula will develop critical thinking, creative abilities and other fundamental capacities. Multiple exit and entry points will be offered, with appropriate certification after one, two, three and four years of study. There will be a four-year undergraduate programme available in addition to three-year programmes.

Increase in public investment:

There will be a substantial increase in public investment to expand and vitalize public education at all levels.

What is left out?

While the policy talks about the need to bring “unrepresented groups” into school and focus on educationally lagging “special education zones”, it misses a critical opportunity of addressing inequalities within the education system.
It misses to provide solutions to close the gap of access to quality education between India’s rich and poor children.
Not specifying a common minimum standard below which schools cannot fall, creates conditions where quality of facilities in some schools will only sink lower, widening this gap.
It proposes a roll back of existing mechanisms of enforcement of private schools making parents “de-facto regulators” of private schools. Parents, and particularly poor and neo-literate parents, cannot hold the onus of ensuring that much more powerful and resourced schools comply with quality, safety and equity norms.

Challenges in implementation:

What is recommended is a doubling of public funding to 6% of the GDP and increasing overall public expenditure on education to 20% from the current 10%. This is desirable but does not appear to be feasible in the near future given that most of the additional funding has to come from the States.
While establishing new institutions for Pali, Prakrit and Persian appears to be a novel idea, shouldn’t the Central Institute of Indian Languages in Mysuru be strengthened and perhaps even upgraded to a university with an extended mandate to take care of these languages?
Expanding coverage under the RTE Act to include pre-school children is extremely important, but should perhaps be introduced gradually, keeping in mind the quality of infrastructure and teacher vacancies. Amendment of the Act can perhaps wait for a while.
The idea of setting up the Rashtriya Shiksha Aayog under the Prime Minister and having it serviced by the MHRD is crucial in order to integrate the approaches and programmes of multiple departments. However, it is fraught with many administrative problems and possible turf battles. Bringing medical or agricultural or legal education under one umbrella is likely to be met with stiff opposition. What is going to happen, for example, to the National Medical Commission Bill, 2017?
The idea of regulation being brought under the National Higher Education Regulatory Authority, standard setting under the General Education Council and funding under the Higher Education Grants Council may require a revisit so that there is synchronisation with the current Bill for the Higher Education Commission of India.
The draft policy is silent on the Institutions of Eminence and agencies like the Higher Education Funding Agency.
Language issues have to be handled sensitively in view of their emotional overtones, as witnessed recently. Protests are often made without understanding the spirit of the text.

Mains Question: Discuss the unique features of draft NEP 2019. What are the challenges and roadblocks in front of it and how should the government in power overcome the same?

3.Solid waste management(gs-3)

Context:NGT panel to hold meet on solid waste management
Following orders of the National Green Tribunal (NGT), the fi??rst meeting of an NGT appointed committee on municipal solid waste management will be held on November 19. The committee comprises representatives from the NITI Aayog, Ministry of Urban and Housing Affairs, Ministry of Jal Shakti, National Mission for Clean Ganga, Ministry of Environment, Forests and Climate Change and the chairman of the Central Pollution Control Board (CPCB)

Solid waste management:by drishti ias

One of the most serious issues arising out of the wave of rapid urbanization and the subsequent lifestyle changes is the management of domestic and industrial solid wastes generated domestically and well as in various industries adjoining or inside the cities. Not just the amount, but the nature of the solid waste is also changing with increasing share of plastics and packaging materials. Municipal laws governing the urban local bodies are unable to devise adequate provisions to deal effectively with the burgeoning problem of solid waste management. One of the most critical aspects of Solid Waste Management is dealing with the garbage dumpsites of the cities- most of them being open and nearby to residential areas.

Hills of Garbage - The Present Scenario

The Extent

Most of the dumpsites of megacities have reached way beyond their capacity and permissible height limit of 20 meters. It is estimated that more than 10,000 hectares of urban land are locked in these dumpsites in India.
The per capita waste generation in Indian cities ranges from 200 grams to 600 grams per day.
Only about 75-80% of the municipal waste gets collected and only 22-28 % of this waste is processed and treated.
The impact
The proliferation of airless open dumps of garbage leads to emissions of methane, which absorbs the sun’s heat, warms the atmosphere and contributes to global warming.
Leachate, which is a black liquid oozing out from the waste as it slowly decomposes over a period of 25 to 30 years, contaminates soil and groundwater.
Foul odour from the waste rotting in airless heaps, and smoke from the fires that routinely erupt in them, are other consequences of dumping waste in the open.
The earlier landfills are without bottom liners and sideliners, which allows the Leachate to seep into the ground causing groundwater and land pollution.
The dumpsites being open and easily accessible, have become a site for further dumping by the public aggravating the situation.

Legislation in India

Solid Waste Management Rules 2016:

These rules replace the Municipal Solid Wastes (Management and Handling) Rules, 2000, are now applicable beyond municipal areas and have included urban agglomerations, census towns, notified industrial townships etc.
They focus on segregation of waste at source, responsibility on the manufacturer to dispose of sanitary and packaging wastes, user fees for collection, disposal and processing from the bulk generator.
It has also been advised that the bio-degradable waste should be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible and the residual waste shall be given to the waste collectors or agency as directed by the local authority.
The rules promote the use of compost, conversion of waste into energy, revision of parameters for landfills location and capacity.
The government has also constituted a Central Monitoring Committee under the chairmanship of Secretary, MoEF&CC to monitor the overall implementation of the rules.
The Rules for the Safe Treatment of Legacy Waste prescribe bio-remediation and bio-mining in all open dumpsites and existing operational dumpsites in India.
Apart from this, Article 51 A (g) of the Constitution of India makes it a fundamental duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Capping- An Ineffective Solution

Many of the Urban Local bodies are opting for capping i.e. covering up the landfill sites as a solution to this problem. However, this may prove to be an ineffective solution as it leaves methane and leachate to form for decades within the cosmetically covered heap. The disastrous effects of building on and around a “closed landfill” were so clearly demonstrated at Malad in Mumbai, where trapped landfill gases seeped sideways through the soil into the basement of the adjoining complex, wreaking havoc on every other electronic equipment and causing ill health for residents nearby.

NOTE

Bioremediation: Bioremediation uses natural as well as recombinant microorganisms to break down toxic and hazardous substances in a solid waste by aerobic and anaerobic means.

Biomining: Biomining is the process of using microorganisms (microbes) to extract metals of economic interest from rock ores or mine waste. Biomining techniques may also be used to clean up sites that have been polluted with metals.

Way Ahead

Laying down clear technical norms: It is important that Bio-mining and Bio-remediation is made compulsory for areas wherever it can be applied. It shouldn’t be left to the discretion of municipalities to decide whether there are geographical constraints that prevent the use of the aforementioned techniques.
Biomining and Bioremediation are superior as well as simple methods which are not only cost-effective but also environment-friendly. The best part is that the land which was a landfill is fully available for alternate uses.
Scientific Capping: Capping, if it is inevitable, should be done scientifically with underground pits that have a good bottom and sideliners, and proper piping and gas extraction systems to prevent the escape of leachate and gases.
Decentralization of waste management: It is important that waste management is decentralized. Ambikapur in Chhattisgarh and Vellore present a very good example of the same where the waste was collected in a decentralized manner, composted naturally and is planted.
It is important that the decision-makers at all levels of government opt for more innovative and green approaches rather than falling for the technology-extensive costly methods of waste disposal which are normally being lobbied for by the manufacturers of such technologies.

4.‘Tiger Triumph’(gs-2)

Context:‘Tiger Triumph’ gets off to a grand start
The maiden edition of the Tri Service India U.S. Humanitarian Assistance and Disaster Relief (HADR) Amphibious Exercise named ‘Tiger Triumph’ got off to a grand start on the eastern seaboard on Thursday with top officials from both the countries resolving to take the relationship to the next level. Prominent among those who participated in the opening ceremony on board INS Jalashwa, a landing platform dock currently in the Eastern Naval Command, included U.S. Ambassador to India Kenneth Juster, Vice Admiral Satish Namdeo Ghormade, Chief of Staff, Eastern Naval Command, Sujay Berry, Commander, Eastern Fleet and Cmde Christopher M. Causee, Executive Officer, USS Germantown

Tiger Triumph:

The first-ever India-US joint tri services Humanitarian Assistance and Disaster Relief (HADR) exercise, named ‘Tiger Triumph’, is being held from 13th-21st November, 2019.
The exercise will be conducted off Visakhapatnam and Kakinada coasts in Andhra Pradesh.
It aims to develop interoperability for conducting HADR operations.
Other joint exercises:
Military training: Yudh Abhyas and Vajra Prahar
Air Forces: Cope India
Naval Exercise along with Japan: Malabar

5.International Diabetes Day, the International Diabetes

Foundation(IDF) Diabetes Atlas(gs-2,3)

Context: India is home to 77 million diabetics
One in six people with diabetes in the world is from India. The numbers place the country among the top 10 countries for people with the disease, coming in at number two with an estimated 77 million diabetics. China leads the list with over 116 million diabetics. On International Diabetes Day, the International Diabetes Foundation(IDF) Diabetes Atlas makes it clear that India needs to pause and reevaluate its strategy to combat diabetes. The ninth edition of the IDF Diabetes Atlas offers projections that continue to put India at the second slot right up to 2045. The numbers are staggering — just over 134 million Indians will be diabetics in the next 25 years

International Diabetes Foundation(IDF) :

The International Diabetes Federation (IDF) is an umbrella organization of over 230 national diabetes associations in more than 160 countries and territories. It represents the interests of the growing number of people with diabetes and those at risk. IDF’s mission is to promote diabetes care, prevention and a cure worldwide. The Federation has been leading the global diabetes community since 1950. It is headquartered in Brussels, Belgium.
According to the latest IDF figures,there are currently 425 million people living with diabetes and the total is expected to rise to 629 million by 2045. Some 75% of people with diabetes live in low- and middle-income countries and half of people living with diabetes are undiagnosed.

International Diabetes Day:

World Diabetes Day is the primary global awareness campaign focusing on diabetes mellitus and is held on 14 November each year.
Led by the International Diabetes Federation (IDF), each World Diabetes Day focuses on a theme related to diabetes; type-2 diabetes is largely preventable and treatable non-communicable disease that is rapidly increasing in numbers worldwide. Type 1 diabetes is not preventable but can be managed with insulin injections. Topics covered have included diabetes and human rights, diabetes and lifestyle, diabetes and obesity, diabetes in the disadvantaged and the vulnerable, and diabetes in children and adolescents. While the campaigns last the whole year, the day itself marks the birthday of Frederick Banting who, along with Charles Best and John James Rickard Macleod, first conceived the idea which led to the discovery of insulin in 1922

6.National plan for better implementation of programmes for States and Uts(gs-2)

Union Minister for Women and Child Development Smriti Irani has announced that her Ministry along with NITI Aayog will prepare a framework for a national plan for States and Union Territories.
She said, it will be prepared by early next year for better implementation of all the Central and States policies and programmes for women and children. The Minister was speaking at the two-day National Conference organized by the Ministry of Women and Child Development in New Delhi today.
Ms Irani also suggested that a protocol may be developed for ranking of States and UTs doing commendable work for women and children and also ranking of childcare institutions in the States and UTs.
The conference was attended by Secretary Ministry of WCD and all senior officials of the Ministry and Secretaries and representatives working with the Departments of Women and Children in States and UTs. Various presentations were made on Anganwadi Services, Skill Gaps and Entrepreneurship Issues for Women and Children, Pradhan Mantri Matru Vandana Yojana, Beti Bachao, Beti Padhao Mission and Child Protection Services and Safety and Security of Women and Children in India. Discussions were held on various issues like non-utilization of funds, Child Care Institutions, implementation of Central Schemes like Mid-Day Meal, Aganwadi, POSHAN, lack of gender-specific data, feedback regarding implementation of Central Schemes for women and children and various constraints faced by WCD Departments in States and UTs. State Secretaries and officials also raised issues concerning their states and districts which require urgent attention of the WCD Ministry.
During a presentation by Adviser, Health and Nutrition in NITI Aayog regarding strategy of New India at 75-Status of Women and Children, it was decided that the issues being faced by women and children cannot be contained only within the Ministry of WCD but other Ministries like food and public distribution, health, urban development, law and justice and home may also be actively involved. The Minister urged State Governments to ensure and involve officers from all departments for better implementation of legislation and Central and State Schemes related to women and children.

7.International Criminal Court (ICC)(gs-2)

Context:ICC Judges approve an investigation into crimes against Myanmar's Rohingya

international Criminal Court Judges have approved a request from prosecutors to open an investigation into crimes committed against Myanmar's Rohingya Muslim minority. The Hague court today said that it has jurisdiction over crimes partially committed in Bangladesh, which is a member state of the court.

Myanmar is not a member of the global court. It has been accused of committing widespread abuses in a campaign against the Rohingya.

Myanmar's military began a counterinsurgency campaign against the Rohingya in August 2017 in response to an insurgent attack.

International Criminal Court (ICC):

About

Governed by an international treaty called 'The Rome Statute', the ICC is the world’s first permanent international criminal court.
It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
Through international criminal justice, ICC aims to hold those responsible for their crimes and to help prevent these crimes from happening again.
India is not a party to Rome Statute along with US and China.
Recently Malaysia has ratified the Rome Statute and became the 124th State party to the ICC.

History

On 17 July, 1998 Rome Statute was adopted by 120 States in direction of creating a more just world.
On 1 July, 2002 Rome Statute took effect upon ratification by 60 states, officially establishing the ICC. Since it has no retroactive jurisdiction, the ICC deals with crimes committed on or after this date.
After 2010 amendments – the Rome Statute also sets new standards for victims' representation in the Courtroom, and ensures fair trials and the rights of the defence.
Today the ‘Rome Statute’ serves as the ICC's guiding legal instrument, which is elaborated in such other legal texts as the Elements of Crimes, Rules of Procedure and Evidence and more.

Facts and Figures

Today the ICC has over 900 staff members from approximately 100 States.
It has 6 official languages: English, French, Arabic, Chinese, Russian and Spanish.
ICC has 6 field offices: Kinshasa and Bunia (Democratic Republic of the Congo, "DRC"); Kampala (Uganda); Bangui (Central African Republic, "CAR"); Nairobi (Kenya), Abidjan (Côte d'Ivoire).
It has 2 working languages: English and French.
ICC Headquarters at The Hague, the Netherlands.
There have thus far been 27 cases before the Court, with some cases having more than one suspect.
16 people have been detained in the ICC detention centre.
The judges have issued 8 convictions and 3 acquittals.

Organisation Structure

The Assembly of States Parties provides management oversight for the Court, including electing judges and the Prosecutor and approving the ICC’s budget.
Four organs of the ICC
Presidency conducts external relations with States, coordinates judicial matters such as assigning judges, situations and cases to divisions, and oversees the Registry's administrative work.
Judicial Divisions (18 judges in 3 divisions) Pre-Trial, Trial and Appeals – conduct judicial proceedings
Office of the Prosecutor conducts preliminary examinations, investigations, and prosecutions.
Registry conducts non-judicial activities, such as security, interpretation, outreach, support to Defence and victims' lawyers etc.
Trust Fund for Victims provides assistance, support and reparations to victims.
The ICC has field offices in several of the countries in which investigations are being conducted.
The ICC detention centre is used to hold in safe, secure and humane custody those detained by the ICC.
The International Committee of the Red Cross (ICRC) is the Detention Centre's inspecting authority and as such has unrestricted access and examine, on unannounced visits.

Jurisdiction and Working of Court

The Rome Statute, grants the ICC jurisdiction over four main crimes:
The crime of Genocide
Crimes against Humanity
War crimes
Crime of Aggression
The Court may exercise jurisdiction in a situation where genocide, crimes against humanity or war crimes were committed on or after 1 July 2002,
The crimes were committed by a State Party national, or in the territory of a State Party, or in a State that has accepted the jurisdiction of the Court;
The crimes were referred to the ICC Prosecutor by the United Nations Security Council (UNSC) pursuant to a resolution adopted under chapter VII of the UN charter.
As of 17 July 2018, a situation in which an act of aggression would appear to have occurred could be referred to the Court by the Security Council, acting under Chapter VII of the United Nations Charter, irrespective as to whether it involves States Parties or non-States Parties.
The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases only when States do not are unwilling or unable to do so genuinely.
ICC is not a UN organization but is has a cooperation agreement with the United Nations.
When a situation is not within the Court’s jurisdiction, the United Nations Security Council can refer the situation to the ICC granting it jurisdiction. This has been done in the situations in Darfur (Sudan) and Libya.

Other Facts related to Legal Process

The ICC does not prosecute those under the age of 18 when a crime was committed.
Before the Prosecutor can investigate, he/she must conduct a preliminary examination considering such matters as sufficient evidence, jurisdiction, gravity, complementarity, and the interests of justice.
When investigating, the Prosecutor must collect and disclose both incriminating and exonerating evidence.
The defendant is considered innocent until proven guilty. The burden of proof lies with the Prosecutor.
During all stages of proceedings (Pre-Trial, Trial and Appeals), the defendant has the right to information in a language he or she fully understands, thus the ICC proceedings are conducted in multiple languages, with teams of interpreters and translators at work.
Pre-Trial judges issue warrants of arrest and ensure there is enough evidence before a case can go to trial.
During the Pre-Trial phase, the defendant is referred to as a suspect. Once the case is committed to trial, since at that point the charges have been confirmed, the defendant is referred to as the accused.
Trial judges hear the evidence from the Prosecutor, Defence, and the Victims’ lawyers, render a verdict, and if a person is found guilty, the sentence and decision on reparations.
Appeals judges render decisions on appeals from the Prosecutor or Defence.
If a case is closed without a verdict of guilt, it can be reopened if the Prosecutor presents new evidence.

Limitations

As a judicial institution, the ICC does not have its own police force or enforcement body; thus, it relies on cooperation with countries worldwide for support, particularly for making arrests, transferring arrested persons to the ICC detention centre in The Hague, freezing suspects’ assets, and enforcing sentences.
This State cooperation is problematic for several reasons. It means that the ICC acts inconsistently in its selection of cases, is prevented from taking on hard cases and loses legitimacy.
It also gives the ICC less deterrent value, as potential perpetrators of war crimes know that they can avoid ICC judgment by taking over government and refusing to cooperate.
There is insufficient checks and balances on the authority of the ICC prosecutor and judges.
ICC has been accused of being a tool of Western imperialism and biased in favour of powerful countries against weak states.
ICC cannot impose a death sentence; it can impose lengthy terms of imprisonment of up to 30 years or life when so justified by the gravity of the cases.
The ICC court has no retrospective jurisdiction as it can deal only with crimes committed after 1 July 2002 when the 1998 Rome Statute came into force.
ICC has automatic jurisdiction only for crimes committed on the territory of a state which has ratified the treaty; or by a citizen of such a state; or when the United Nations Security Council refers a case to it.
Procedural and substantive deficiencies leading to delays and frustration, have questioned the efficacy of the court.
It also faces scarcity of human resources and funds.

India and ICC

India did not signed the Rome Statute, and thus, is not a member of ICC because of following reasons:
State sovereignty
National interests
Difficulty in collection of evidences
Problem to find impartial prosecutors
Crime definition

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