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3) Explain the provisions of fugitive economic offenders act, 2018 and critically examine its impact?(250 words)

Topic– Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

3) Explain the provisions of fugitive economic offenders act, 2018 and critically examine its impact?(250 words)

The hindu

prsindia

Why this question

Vijay Mallya is the first person to be declared a fugitive economic offender and thus we need to be aware of this development as well as the law behind it and it’s impact.

Key demand of the question

The question expects us to first explain the key provisions of the bill and thereafter bring out why the Bill is significant and what will be it’s likely impact.

Directive word

Critically Examine -When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any . When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.

Structure of the answer

Introduction – Highlight that Vijay Mallya is the first person to be declared a fugitive economic offender.

Body

  • Discuss the key provisions of the Bill
    • applicable in cases where value exceeds 1000cr,
    • gives power for confiscation of property irrespective of whether the proceeds are on account of crime or not,
    • prohibits fugitives from pursuing civil cases in India
    • provides for confiscation of benami properties.
    • The Enforcement Directorate (ED) will be the apex agency to implement the law etc
  • Highlight that off late a number of economic offenders such as Nirav modi, Vijay Mallya etc who were supposed to face trial have escaped the clutches of law and this law is an attempt to bring them to book. The bill has been brought because existing civil and criminal provisions in law are inadequate to deal with the severity of the problems. The bill provides teeth to the powers enjoyed by law enforcement agencies to book such culprits.
  • Also highlight the cons of the law
    • Under the Bill, any court or tribunal may bar an FEO or an associated company from filing or defending civil claims before it.  Barring these persons from filing or defending civil claims may violate Article 21 of the Constitution i.e. the right to life. Article 21 has been interpreted to include the right to access justice
    • The Bill does not require the authorities to obtain a search warrant or ensure the presence of witnesses before a search.  This differs from other laws, such as the Code of Criminal Procedure (CrPC), 1973, which contain such safeguards. These safeguards protect against harassment and planting of evidence.

Conclusion – give your view on the need of this law and discuss way forward.