Goaltide Daily Current Affairs 2023
Current Affair 1:
SC: Presumption of innocence is a human right
Understand terminology here.
The presumption of innocence is a human right, the Supreme Court observed while setting aside concurrent conviction in a 1995 murder case.
In the realm of law, two fundamental concepts that lie at the very core of a fair and just legal system are the presumption of innocence and the burden of proof.
First and foremost, the presumption of innocence stands as a cornerstone principle in any democratic society. It unequivocally asserts that an individual accused of a crime is presumed innocent until proven guilty by a court of law. This presumption emphasizes that the burden of establishing guilt rests solely on the prosecution, rather than the accused. By shifting the onus onto the state or the accuser, the presumption of innocence guards against wrongful convictions and serves as a vital safeguard to protect the rights and dignity of the accused.
Parallel to the presumption of innocence, the burden of proof assumes great importance within the Indian legal system. The burden of proof is the responsibility imposed on the prosecution to demonstrate, beyond a reasonable doubt, that the accused is guilty of the alleged offense. It requires the prosecution to present compelling evidence and legal arguments to convince the court of the accused's culpability. This burden acts as a safeguard against hasty or arbitrary convictions, compelling the prosecution to meet a high threshold before depriving an individual of their liberty or imposing any form of punishment.
The concept of burden of proof is outlined in Chapter VII of the Indian Evidence Act, 1872.
Burden of proof in Civil Cases:
In civil proceedings, the burden of proof rests on the plaintiff, who initiates the case by presenting the facts and legal reasons. If the plaintiff fails to provide sufficient evidence or convince the court of the existence or truth of the facts, even if the defendant does not present a defense, the defendant will win the case. Therefore, defendants in civil cases often focus on weakening the plaintiff's case rather than presenting their own positive evidence.
Burden of proof in Criminal Cases:
In general, the fundamental principle is that a person is considered innocent until proven guilty. As a result, the burden of proof primarily lies on the prosecution to establish that the accused has committed a crime. The burden of proof may shift if the accused raises one of the exceptions to the crime or makes a specific claim. In such cases, the burden of proof shifts to the accused to prove their exception or claim. The prosecution is required to prove their case beyond a reasonable doubt, which places a heavy burden of proof on them and provides an advantage to the accused or defendant.
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defense."
The International Covenant on Civil and Political Rights, art. 14, paragraph 2 states that "Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law."
Current Affair 2:
Pradhan Mantri Jan-Dhan Yojana (PMJDY)
The scheme was launched in 2014.
Pradhan Mantri Jan-Dhan Yojana (PMJDY) is National Mission for Financial Inclusion to ensure access to financial services, namely, a basic savings & deposit accounts, remittance, credit, insurance, pension in an affordable manner. Under the scheme, a basic savings bank deposit (BSBD) account can be opened in any bank branch or Business Correspondent (Bank Mitra) outlet, by persons not having any other account.
Kuch bhi kehlo, this is great feat!!
A pipeline has been created for the implementation of PMJDY through which Jan Dhan accounts and mobile banking have been linked to Aadhar (JAM). This pipeline is not only facilitating savings, disbursal of credit, social security, etc, but more importantly channelizing direct benefits of various government schemes to poor people of the country through DBT.
The scheme is administered by Department of Financial Services Ministry of Finance.
Current Affair 3:
The Fujiwhara Effect
According to the National Weather Service (NWS), when two hurricanes (or cyclones, depending on your location) rotate in the same direction and come close to each other, they engage in an intense ‘rotational dance’ around a shared centre.
This phenomenon, where two cyclones interact, is known as the Fujiwhara effect. For the Fujiwhara effect to take place, the eyes or centres of both storms should be at a distance of less than 1400 km from each other.
Sakuhei Fujiwhara, a Japanese meteorologist, identified this phenomenon, which was first described in a paper published in 1921. Many years later, the occurrence was observed in the western Pacific Ocean when typhoons Marie and Kathy merged in 1964.
Why Fujiwhara Effect is dangerous?
The occurrence of the Fujiwhara Effect induces greater unpredictability in cyclones due to their rapid intensification, increased rainfall, and novel patterns of movement over warming oceans. This complexity arises from the distinct nature of interactions between two storm systems.
Current Affair 4:
Kampala Ministerial Declaration on Migration, Environment and Climate Change (KDMECC)
A total of 48 African countries have now agreed to adopt the Kampala Ministerial Declaration on Migration, Environment and Climate Change (KDMECC) to address the nexus of human mobility and climate change in the continent.
KDMECC was originally signed and agreed upon by 15 African states in Kampala, Uganda in July 2022.
The Declaration is the first comprehensive, action-oriented framework led by Member States to address climate-induced mobility in a practical and effective manner.
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