Ediorial


When:
December 7, 2018 @ 11:45 am
2018-12-07T11:45:00+05:30
2018-12-07T12:00:00+05:30
Ediorial

7 DECEMBER 2018

Shielding witnesses

A robust witness protection scheme will strengthen the criminal justice system

The witness protection programme is at last in place. Pending legislation by Parliament, the Supreme Court has asked States to implement a scheme framed by the Centre to protect witnesses in criminal trials from threat, intimidation and undue influence. Given the abysmal rate of convictions in the country, it is inexcusable that it took so long. The need to protect witnesses has been emphasised by Law Commission reports and court judgments for years. Witnesses turning hostile is a major reason for most acquittals. In the current system, there is little incentive for witnesses to turn up in court and testify against criminals. Besides threats to their lives, they experience hostility and harassment while attending courts. The tardy judicial process seldom takes into account the distance they have travelled or the time they have lost in attending court, only to be told they have to return another day. As Justice A.K. Sikri points out, the condition of witnesses in the Indian legal system is “pathetic”, as it takes them for granted. It is gratifying that the court has played a proactive role in getting the Centre and the States to come up with a concrete proposal. The Centre deserves credit for coming forward to suggest that its draft witness protection scheme be introduced by judicial mandate instead of waiting for formal legislation.

In its minutiae the scheme appears workable, but its efficacy will be confirmed only with the passage of time. It broadly classifies witnesses in need of protection into three types based on the threat assessment. A witness protection order will be passed by a competent authority. The scheme is to be funded by budgetary support from State governments and donations. This is at variance with the Law Commission’s recommendation in 2006 that the Centre and the States share the cost equally. Basic features such as in camera trial, proximate physical protection and anonymising of testimony and references to witnesses in the records are not difficult to implement. The real test will be the advanced forms of identity protection: giving witnesses a new identity, address and even ‘parentage’, with matching documents. All this needs to be done without undermining their professional and property rights and educational qualifications. The introduction of the scheme marks a leap forward. Until now, there have been ad hoc steps such as those outlined for concealing the identity of witnesses in anti-terrorism and child-centric laws. A few dedicated courtrooms for vulnerable witnesses, mostly child victims, are also functional. However, expanding such facilities and implementing a comprehensive and credible witness protection programme will pose logistical and financial challenges. It will be well worth the effort, as the scheme could help strengthen India’s tottering criminal justice system.

Quick retreat

The French government rolls back a planned fuel tax hike, but the protests are widening

French President Emmanuel Macron’s reforms programme could be at risk of losing steam in the wake of weeks of violent countrywide protests triggered by a proposed increase in the fuel tax. Paradoxically, as head of the centrist La République En Marche party, he had swept to power on a pledge of modernising the economy and restoring popular trust in politicians. Public anger against the fuel tax has escalated into a broad-based opposition to the government’s overall policies. Prime Minister Edouard Philippe initially said the duty hike would be deferred for six months. But on Wednesday the government cancelled the tax proposal altogether, arguing that a levy that was meant to induce motorists to go green was not worth the price if it undermined social cohesion. Mr. Philippe has also suggested that the introduction of additional safety checks on cars due to take effect next year could be delayed. The U-turn on measures to reduce CO2 emissions suggested that the government was on the back foot. The government has also said that it was open to reinstating the wealth tax, which was revised last year to narrow its scope. The measure was intended to improve the investment climate and boost growth and employment. But the accompanying flat tax rate on capital gains and dividends, besides limits on trade unions to negotiate wages, only served to reinforce Mr. Macron’s image as a President of the rich.

The yellow-vest protests have shone the light on France’s tax system, its rates said to be the highest in the European Union, and buttressed the demand for improvements in the standard of living. The government is committed to increasing the minimum wage from next year but could now face pressure for further concessions on social welfare. Conversely, Paris would also be constrained to demonstrate compliance with EU rules that set an annual fiscal deficit target of below 3% of GDP on member-states. Adherence to common norms would especially be on Brussels’s radar after the recent stand-off involving the Italian government. A concern linked to the withdrawal of the tax increase is the rise in France’s carbon emissions. The mass protests have, unwittingly, pitted the majority who would have been hit by the higher levy against the imperative to meet the Paris climate agreement targets. Mr. Macron, who has fashioned himself as a champion of the green cause, can realise the mission to combat global warming only by rallying his people. His ability to regain lost ground will determine the prospects of warding off the populist threat in the 2019 European Parliament elections. His handling of the challenges at home will crucially define his ambitions on the EU stage.

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