Questions
- Improving the representation of women in the judiciary can ensure a more balanced and empathetic approach towards justice especially in cases involving sexual violence. Discuss. (Answer in 150 words) (10)
- US withdrawal from Afghanistan has grave implications for India’s interests in the region. Comment. (Answer in 250 words) (15)
Model Solutions
1. Improving the representation of women in the judiciary can ensure a more balanced and empathetic approach towards justice especially in cases involving sexual violence. Discuss. (10 Marks)
Model Structure
Introduction
- Recently CJI supported the idea of 50% Judges in SC
or - Only 10 women have become judges in the apex court till date.
Main Body
How women in judiciary will ensure fair justice delivery -
- Motivates More Women to Seek Justice: Higher numbers, and greater visibility, of women judges can increase the willingness of women to seek justice and enforce their rights through the courts.
- Women will feel more confident to approach the judiciary
- They can open mindedly and without fear put forth their grievances
- Even in cases where women are not involved, women judge can put forth a different perspective than the male counterpart
- Diversity on the bench would definitely bring in alternative and inclusive perspectives to statutory interpretations
- Increase Judicial Reasoning: Increased judicial diversity enriches and strengthens the ability of judicial reasoning to encompass and respond to varied social contexts and experiences.
Way Forward
- Changing Patriarchal Mindset
- Unless women are empowered, justice cannot be fair
- Provision of Reservation: It is high time to debate about reservation to women in judiciary
Conclusion
- To be truly diverse, the Indian judiciary would need representation of judges from not only different gender identities, including trans and non-binary but also different caste, socioeconomic, religious, and regional backgrounds.
2. US withdrawal from Afghanistan has grave implications for India’s interests in the region. Comment. (15 Marks)
Model Structure
Introduction
- On February 29, 2020, the United States and the Taliban signed an agreement in Doha to end the war in Afghanistan.
Main Body
Implications for India’s interests in Afghanistan
- India has strategic interests in Afghanistan’s future
- As Afghanistan’s ally, India can have an edge over Pakistan.
- Over the years India has tried to build its camaraderie with Afghanistan through investing in infrastructure, education sector, irrigation development and power generation projects.
- Eg. Parliament of Afghan was built by India
- Indian engineers are helping to construct the Shahtoot dam near Kabul
- Afghanistan was among the first countries to receive anti Covid-19 vaccination from India.
- But despite this association, India’s strategic, economic and security related interests depend on how the current Afghan government keeps the Taliban at bay after the USA pulls its military presence from the region.
- Issue of terrorism - Anti-Indian terrorist groups like LeT might get support from Afghanistan
- Preventing a future Taliban regime from being a pawn of Pakistan.
Way forward
- Inclusive Government: The solution comes only through the formation of an inclusive government with the participation of all ethnic groups.
- Russian Support: Russia has cultivated links with the Taliban in recent years. India would need Russia’s support in any form of direct engagement with the Taliban.
- Bonhomie With China: India should talk with China, with the objective of finding a political settlement and lasting stability in Afghanistan.
- Engaging with Taliban: Talking to the Taliban would allow India to seek security guarantees from the insurgents in return for continued development assistance or other pledges as well as explore the possibility of the Taliban’s autonomy from Pakistan.
- Use of Multilateral Organisations: Such as Shanghai Cooperation Organisation (SCO) should be used in dealing with the Afghan question and achieve stability
Conclusion
- To safeguard its own interests, India needs to reorient its policies towards Afghanistan and deal with the changing dynamics of power shift in the region.
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