Due to delays in justice, inaccessibility, misuse of power, bribery, and the hard impeachment process, corruption is growing withinside the judiciary. Lastly, because of the dearth of statistics and focus approximately the regulation and its procedure, misuse, delay, and confusion amongst people is regularly developing a problem.
Our system of criminal justice faces many challenges, including persistent violent crime in urban areas, cybercrime and the addiction epidemic.
Demanding situations encompass consistently excessive ranges of crime and violence, the want to reply to new varieties of criminal activity in addition to improving responses to crook behaviours which have lengthy pervaded societies which include corruption and violence towards ladies and children.
Biggest challenges to the criminal justice system
Criminal justice structures round the sector face many challenges. Integrated and coordinated strategies are vital to cope with them effectively, and the United Nations performs a essential role.
Challenges consist of consistently excessive degrees of crime and violence, the want to reply to new varieties of criminal activity in addition to improving responses to crook behaviours which have lengthy pervaded societies together with corruption and violence in opposition to ladies and children.
Many crook justice structures round the sector are overburdened with heavy caseloads and be afflicted by inadequate monetary and human resources. This results in diverse malfunctions of the justice system, together with excessive degrees of impunity, delays withinside the management of justice, overuse of pretrial detention frequently for prolonged periods, inadequate use of opportunity sentencing options, overcrowded prisons that can not fulfil their rehabilitative characteristic and excessive fees of reoffending.
Violence Against Women
Eliminating all styles of violence towards all ladies and women withinside the public and personal spheres is the second one goal below Sustainable Development Goal five on gender equality.
Violence towards ladies is alarmingly huge at some stage in the world, taking place irrespective of improvement context. It manifests itself in bodily, sexual and mental paperwork via a couple of kinds of crime, consisting of intimate accomplice violence, sexual violence and harassment, trafficking in humans for sexual exploitation, woman genital mutilation and infant marriage.
One in 3 ladies global has revel in bodily or sexual violence, ordinarily from an intimate accomplice. One in ladies sufferers of murder is killed with the aid of using their accomplice or own circle of relatives members.
In many societies violence towards ladies and youngsters have now no longer been appeared as critical offences and stay unreported and unaddressed with the aid of using justice systems. This, in spite of their unfavorable and long-lasting results for the well-being, fitness and protection of ladies and women in addition to their households and communities.
An included technique is crucial to make certain sufferers are included and supported, with coordination among the fitness, social, police and justice sectors.
Violence Against Children
Violence influences tens of thousands and thousands of children’s everywhere in the world, slicing throughout culture, class, education, profits degree and ethnic foundation and is a primary danger to sustainable development.
Children have a proper to be blanketed from being harm and mistreated, bodily or mentally. Should kids turn out to be sufferers of violence, States are required to take all suitable measures to sell their bodily and mental healing and social reintegration. States must additionally make certain that kids in war with the regulation are blanketed blanketed from torture or different cruel, inhuman or degrading remedy or punishment, that detention is used as a degree of ultimate resort, that they may be now no longer installed jail with adults and that every one justice interventions sell their reintegration into society.
Children who be afflicted by violence can lack the competencies to assert their rights, due to loss of get right of entry to to prison aid, cognizance of justice strategies and get right of entry to to fitness care. UNO DC’s Global Programme to End Violence in opposition to Children helps Member States to bolster their justice structures to save you and reply to violence in opposition to kids effectively.
Support and protection for victims
Victims of crime are regularly the maximum left at the back of in crook justice systems. Increasing sufferer assist and safety is crucial to stopping secondary victimization and revictimization and to growing the reporting of incidents.
Access to prison resource is every other degree which can growth assist and safety for sufferers of crime. It is especially vital for ladies offenders who usually come from drawback and marginalized backgrounds.
Criminal justice structures ought to cautiously stability the desires of groups and societies for safety and safety, the desires of sufferers for justice and reparation and the want to preserve offenders responsible, even as making sure their rehabilitation and social reintegration and lowering reoffending.
Providing get entry to to justice for all and making sure effective, responsible and inclusive crook justice structures is vital to sustainable improvement and covered under Sustainable Development Goal 16.
Drug Use and the Crime Cycle
Between 50 and 80 percent of men test positively for drugs when they’re arrested. This has led to a vicious cycle of criminal activity and drug use.
A big part of the challenge right now is figuring out what implications this has. Does decriminalizing a drug make it less of a problem or just one that we aren’t arresting people for?
The High Incarceration Rate
As of the last available data, 2 million people were incarcerated for crimes in the U.S. and almost 7 million people were under supervision. We need to figure out why this is. It’s an issue that affects more than the criminals—it has huge impacts on those in and out of the communities where the crimes took place.
Economics also plays a role: We spend about $50 billion a year in correctional efforts. The Attorney General has noted both of these, so it is an issue on the national stage.
Issues and Challenges Pertaining to the Federal Structure
The Indian union functions on a federal structure of governance implying decentralization of power which allows power to be divided between the central government and the states.
- It is the maximum alarming mission to Indian federalism which essentially implies an inculcation of a robust experience of affection and appreciate for one’s region, ethnicity, language, and culture.
- It is this love that makes regions fight for greater autonomy within the nation and directly putting the authenticity of Indian federalism in danger.
- Regionalism establishes itself through demands for autonomy basically on the grounds of language which are usually never silent methods of request, rather they tend to take major violent forms, disrupting the political and cultural environment of the nation as a whole.
- The nation thus faces the challenge of internal security in the form of insurgency and this causes upheavals in the basic notion of Indian federation
- Regionalism started with the creation of the state of Andhra Pradesh as a consequence of the death of Potti Sriramulu in 1953 demanding a separate state for Telegu speaking people.
- Subsequently, in 1954, the States Reorganisation Committee headed by Fazal Ali recommended the formation of 16 new states and 3 union territories.
- In 2000, three more states were formed on linguistic lines namely- Chhattisgarh, Jharkhand, and Uttarakhand.
- In 2014, the state of Telangana was declared as the 29th state of the Indian Union.
Centralized Amendment Power
The power of constitutional amendment in India lies with the Centre under Article 368 and other provisions whereas, in a typical federation, the power of amendment to the Federal Constitution lies on a shared basis between the federation and its units.
Even though ratification of half of the states is sought for in some limited areas, the states in the Indian Union have virtually no power in the amendment procedures.
- The Concurrent list contains economic and social planning as one of the items which imply that economic and social planning should be taken collectively and with equal discretion by both the State and the Centre.
- But, the Central government tends to control the national and regional planning in India without any inhibitions at all. The establishment of the erstwhile Planning Commission is one of the examples of such a tendency of the Centre.
- Hegemony over the financial planning of a country makes the Centre go against the basic federal structure of India as it becomes quite clear that Centralized planning nullifies the primary rule of a federation and its requirement of the division of power between the Centre and the State.
- The diversity in languages in India sometimes causes problems to the federal spirit of the Constitution. The tussle for the official language in India is still an issue of concern. For example, the southern states’ opposition to Hindi as the official language of India has led to a deep-seated language crisis in India.
- The constitution of India provides the provision of a Governor for each state, who is chosen directly by the President of India and runs a tenure of 5 years.
- The President can dismiss the Governor according to his/her pleasure.
- The Governor of each state is vested with executive, judicial, legislative and financial powers.
- Article 154: The most important power of the Governor which sometimes comes in conflict with the federal structure of the country is the power vested upon him/her by Article 154 of the Indian Constitution which states that all the executive powers of the state are held by the Governor.
- The provision thus implies that the Governor can appoint the Chief Minister and the Advocate General of the State, and State Election Commissioners.
- Another executive power at his/her disposal that harms federalism is that he can recommend the imposition of constitutional emergency in a state.
Single Constitution and Citizenship
- India functions only on one single constitution and the provisions as well as restrictions led down by the articles in the constitution is applicable to each state and union territory of the country equally.
- It implies that a person cannot hold dual citizenship and enjoy the rights of India as well as another country at the same time.
- The quasi-federal structure of the Indian governments requires the administration to be divided between the State and the Centre. But the inculcation of Single Citizenship and Single Constitution somewhere is in contrast to such a structure.
- The provision of Single Citizenship does not consider a citizen’s identity as a member of a particular state and it indirectly establishes that the most integral of powers still remains and shall always remain with the Centre alone.
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