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- Vijay Roy
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M.Com, Diploma in Journalism
Port Blair, A & N Islands
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- Vijay Kumar Roy M.Com, Diploma in Journalism
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- Xavier A.K
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“Plead Guilty and ensure Lesser Sentence” is the shortest possible meaning of Plea Bargaining. The Concept of Plea Bargaining in India is just three years old. The Concept was introduced in India by means of Criminal Law (Amendment) Act, 2005. By this amendment, a new chapter that is Chapter XXI A has been introduced in the Cr.P.C.
History of Plea Bargaining:
Plea Bargaining fostered by the Indian Legislature is actually the sperm child of the West. The concept has been very much alive in the American System in the 19th century itself. Plea Bargaining is so common in the American System that every minute a case is disposed in the American Criminal Court by way of guilty plea. England, Wales, Australia and Victoria also recognizes plea bargaining. Every time we turn on to an American Cinema, we come across this concept.
Plea Bargaining: The Indian Version
Plea Bargaining can be defined as “Pre-Trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution.”
The Supreme Court was very much against the concept of Plea Bargaining before its introduction. In State of Uttar Pradesh Vs Chandrika, the Supreme Court of India held that it is settled law that on the basis of Plea Bargaining court cannot dispose of the criminal cases. The court has to decide it on merits. If the accused confesses his guilt, even then appropriate sentence is required to be implemented.
The Court further held in the same case that, mere acceptance or admission of the guilt should not be a ground for reduction of sentence, nor can the accused bargain with the court that as he is pleading guilty his sentence should be reduced.
Despite strict opposition by the Supreme Court, the Government found it comfortable to introduce this concept. Long list of pending cases before the Criminal courts was cited as the reason for the enactment of this provision. If a person accepts his guilt, then the time of the Prosecution is saved, which can be then properly utilized for proving more serious offences.
Plea Bargaining is applicable only in respect of those offences for which Punishment of Imprisonment is up to a period of 7 years. It does not apply where such offence affects the Socio-economic condition of the country or has been committed against women or committed against a child below the age of 14 years.
The application for plea bargaining should be filed by the accused voluntarily before the court which is trying the offence. The complainant and the accused are then given time by the court to work out satisfactory disposition of the case. The court may reduce the sentence to 1/4th if the accused pleads guilty. There shall be no appeal in the case where judgment has been pronounced by the court on the basis of plea bargaining.
Drawbacks of Plea-Bargaining:
India is a country with lots of illiterate citizens who are unaware of their rights. There are people who don’t even know that they have a right to legal assistance when they stand before the court as an accused. The poor and illiterate citizens can be easily overpowered by the police and asked to plead guilty. This may convert the whole process of trial into “a drama”.
The uneducated won’t even know that they have a far better chance of winning their case and be acquitted. Moreover, the officers in charge of the investigation may be tempted to enter into deals with the accused for monetary gains. If the plea bargaining application of the accused is rejected then the accused would find it very difficult to prove himself innocent.
The concept of Plea Bargaining has been introduced in India by seeing its success in America. The Law Makers in India have failed to take account of the fact that in America, Plea Bargaining was a practice even before it was introduced in the law. In India, the concept has been directly introduced as Law. The law makers even failed to notice the wide gap between the socio-economic conditions of U.S and India. The Government has also failed to update the people regarding this new amendment in the Criminal Law. The success or failure of this Concept in the Indian Context can only be judged when this baby concept becomes five or six years old.
* The author of this article is a LL.M Scholar from ‘Dr. Ambedkar Law College’, Puducherry-605 014. Xavier hails from Mayabunder in North Andaman. He is one of the few youth from the islands to take up Masters in Law.
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- Sagarika Bairagi
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Before this, no chronological history of these islands is available. But we can find some historical and mythological evidence and references upon which the pre-modern period may be formed without conjecture.
Few European travelers also have left some accounts of the Andamans: In 1322 AD Friar Odoric calls the people dog faced, cannibals, also traders etc.
In 1440 AD Nicolo Conti mentions the Andaman as ‘Andamania’, which he explains as ‘Island of Gold’ as by this time it was rumoured that gold is available there. He also regarded them as cannibals. Travelers, when taken by these cannibals are torn to pieces and devoured by these cruel savages. He had followed the roads and routes of the east from Damascus to Indo-China during the year 1414-39 AD.
From Necubar to Pegu is, as it were a row or chain of an infinite numbers of islands of which many are inhabited with wild people, and they call those islands the Islands of Andaman and they call their people savages or wild because they eat one another, also these islands have war with one another, and if by evil chance any ship be lost on those islands. As many have been, there’s not one man of these ships lost there that escaped uneaten or unstain. These people have not any acquaintance with any other people, neither have they trade with any but live only of such fruits as those islands yield.
Nicobar Islands: The origin of the Nicobar appears to be some what less mysterious because throughout the historical times the Nicobar Islands have often been referred to as the ‘Land of the Naked People’ in the accounts of the voyagers. I’ Tsing describes them Lo-Jen-Kuo, which means, “Land of the Naked people”, Ptolemy was more clear about Nicobars then the Andamans. ‘Nagadipa and Barussa’ a group of five islands mentioned by him can be identified with Nicobar and Teressa group of Islands in Central Nicobar. According to him the people of these islands had tails. Perhaps the customs of wearing a strip of cloth by the Nicobarese, which hands down from the posteriors of their body led him to the above belief.
The Arab travelers while going to china came to Nicobar in 851 AD, called them ‘Lakhabalus’ or ‘Najabulus’ which was perhaps a man transcription of some from of Nicobar because it also means ‘land of the naked’. The Tanjore inscription of 1050 AD, describe the conquest of ‘Karadipa’ and ‘Nagadipa’ respectively by Rajendra II, the great Chola ruler. These names may have been used for Car Nicobar and Great Nicobar. They are mentioned as Nakkavaram, which translates as ‘Land of the Naked’.
Conclusion :- If we keep aside the exaggeration and unscientific conjectures of all these accounts, we can easily form a beautiful picturesque of the Land and People of the past of our Andaman and Nicobar Islands.
Bibliography
1. R.C Mazumder- ‘The Penal Settlement in Andaman’ (Ministry of Education and Social Welfare, Government of India New Delhi, 1975).
2. N. Iqbal Singh- ‘The Andaman Story’ (Vikash Publishing House, Pvt. Ltd, New Delhi, Bombay, Knapur 1978)
3. Kiran Dhingra- ‘A Andaman and Nicobar in the 20th Century’: A Gazette, Oxford University Press, New Delhi, 2005)
4. L.P. Mathur- ‘Kalapani’ History of Andaman Nicobar Islands with a study of India’s Freedom Struggle’ (Oriental Publication & Exporters 124 Chanderlok, Enclave, Pitampura Delhi, 110034 (India January, 1985)
5. S.N. Agarwal- ‘The Heroes of Cellular Jail’ (Publication Bureau, Punjab University, Patiala 15 Dec. 1994)
6. M.V. Portman: ‘A History of our relations with the Andamans’ (London 1899).
7. R.V.R. Murthy: ‘Andaman and Nicobar Islands’ (Development and Decentralisation) (Mittal Publications New Delhi (INDIA), 2005.
8. Selection from the Government of India, Records Vol. 77.
9. Captain Dampier: ‘A collection of Voyages round the world.
10. Sir Henry Yule, ‘The Book of Sir Marco-Polo 2 Vols, 3rd Ed. John Murray London 1903.
- Ms. Sagarika Bairagi is a Guest Lecturer of History attached to the JNRM, Port Blair.
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- Shaikh Azizur Rahman, THE NATIONAL
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By Shaikh Azizur Rahman, Foreign Correspondent, THE NATIONAL
With additional reporting by Denis Giles, Editor, ANDAMAN CHRONICLE
Kolkata: Akhtar Hossain sat motionless on his hospital bed staring out at the sea, perhaps dwelling on how his dream to work in Malaysia had been shattered and wondering how he would now return home. Tears rolled down his cheeks.
As the doctor arrived at his bedside in the G B Pant hospital in Port Blair, capital of the Andaman & Nicobar Islands, he regained his composure, but could not make sense of the questions he was being asked about his condition. “I do not understand,” he said.
Akhtar, an ethnic Rohingya from the south-eastern corner of Bangladesh, had been suffering from severe dehydration after drifting at sea for 14 days, without food and water for the 12, after being turned away from Thailand along with hundreds of other Rohingyas. He is now anxiously waiting to return to his village, Boroituli, in Bangladesh, where his parents, siblings and other relatives live.
“When he came here, with eight extremely dehydrated Rohingyas, Akhtar was half-dead and awfully traumatised. At night they sometimes screamed out. We kept food and water before them on the table, yet they shout out asking God for [food and water],” said a paramedic who was part of a team assigned to look after Akhtar.
The paramedic, who spoke on condition of anonymity as she was not permitted to speak to the media, said Akhtar and the seven Rohingyas were suffering from Post-Traumatic Stress Disorder, though the others had recovered and had been handed over to the Indian police.
“For the past two days Akhtar has been severely depressed and often breaks into tears, wanting to go back to his parents in Bangladesh,” the paramedic said.
More than 640 Rohingyas have landed on India’s Andaman & Nicobar Islands and Indonesia’s Aceh Province over the past month.
They say they were intercepted by Thai marines as they approached Thailand en route to Malaysia, where they planned to look for work, and accuse Thai authorities of torture and destroying the engines on their boats before turning them out to sea without food or water.
Recounting his story yesterday, Akhtar said that last month he, his 19-year-old friend Farid and 410 other Rohingyas from Bangladesh and Myanmar piled on to four boats and set sail from the Bangladeshi coastal village of Cox’s Bazar, with a dream to reach Malaysia, via Thailand, to join the illegal migrant workforce there.
Akhtar said the group originally believed they had been intercepted by Myanmar forces and were being taken to a Myanmar island.
They were taken to an island where they were held for about a week and were beaten severely, before the soldiers broke their engines and towed them out to sea, leaving them for dead, Akhtar said.
“The soldiers packed our 100-seater boat with 412 people and left us in the middle of the sea with 100 kilograms of rice and 200 litres of drinking water. From the second day we had no food or water.
“We did not know where to go. The senior boatmen told us it was impossible for us to return to Bangladesh by just paddling the crippled boats.
“Hungry and thirsty people were crying loudly begging relief from Allah. Many were beating their chests and crying. It was frightening. I was also crying and praying to Allah to somehow guide us back home,” said Akhtar.
“On the fourth day no-one had the energy to paddle. Some people were shouting, ‘Allah you are most powerful, our creator, please help us return to our families, we are in the middle of sea and we cannot drive our boat’.
“The sun was beating down. Some fell asleep and did not wake up the next morning. We found their bodies had turned stiff. Some senior people said the dead should not be on board because their sight would demoralise others. I saw four bodies being dumped before my eyes within the first five days. One man sitting next to me died leaning against me. I had to drop his body into the water. It was horrifying.
“I was terribly thirsty and hungry. Like some others, I tried to drink sea water, but it was too salty and gave a squirmy feeling down the throat.
“I counted up to six days, then I lost track of day and night. Sometimes I woke up and found the number of people on boat was reducing.
About a week later, Akhtar said, the group sighted an island in the distance
“Someone shouted, ‘Allah, you have brought the land to us after 14 days. But you have already taken the lives of my brother and a hundred others’.
“People began jumping into the water and swimming towards the island. I was terribly hungry and thirsty and I had no energy. But still I began swimming with the others.
“Despite being a good swimmer, I had no strength to swim after some time. My muscles were dead. I just kept floating, as many did. Later in the day I was rescued [by Indian Coast Guard] from the water.”
One Rohingya man who was on Akhtar’s boat reached the Hut Bay Island by swimming 16km, possibly more, according to local police, before being spotted by local authorities who immediately alerted the Coastguard. They pulled another 102 people from the water.
While police found five bodies, they believe 309 of the original group of 412 perished in the sea, either while drifting on the boat or when trying to swim to the shore. Some believe sharks might have killed some of them.
Akhtar’s friend Farid was among the dead. “I had no idea that the journey to Malaysia could be so dangerous. I hope the Indian government will send me to Bangladesh soon. I shall work in Bangladesh now and never venture to go to Malaysia again,” Akhtar said.
“More than three-quarters of us died. Allah has kept me alive. It’s a miracle to me. I have to live the rest of my life as a good Muslim. Allah will definitely help me in Bangladesh.”