THE HINDU Editorial Vocabulary - March 3, 2018 - Topic 1

Fear of forfeiture: on the Fugitive Economic Offenders Bill

Given the apparent ease with which economic offenders flee India and cock a snook at the banking and judicial systems, the proposed law to seize their wealth is undoubtedly a welcome measure. In fact, given the public disquiet over the apparent impunity enjoyed by billionaire fraudsters living in the safety of foreign climes, any new law is likely to be viewed in a positive light. 
However, its success rides on the slim hope that the threat of confiscation of property will act as a serious deterrent to those seeking to flee or as a big incentive for fugitives to return. Legal provisions to confiscate the assets of offenders already exist, but these are regarded as somewhat inadequate. The Fugitive Economic Offenders Bill, which has been cleared by the Cabinet, aims to make up for the shortcomings and provide a fresh legal framework that would enable the confiscation of the property of those evading prosecution by fleeing the country or remaining abroad. From the provision in the Code of Criminal Procedure for attachment of the property of ‘proclaimed offenders’, to sections in Acts targeting smugglers, foreign exchange offenders and traffickers in narcotics, proceedings for forfeiture of property have been marked by shortcomings and procedural delays. But laws deemed draconian, such as the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, have not exactly been a success. Experience has shown that disposal of confiscated assets is not easy, especially at a price sufficient to recoup losses or pay off all creditors.

Under the Fugitive Economic Offenders Bill, confiscation is not limited to the proceeds of crime, and extends to any asset owned by an offender, including benami property. Such clauses are liable for legal challenge, especially if there are third party interests and doubts about real ownership. Care must be taken to draft a law that is free from legal infirmities from the point of view of fundamental rights and due process. The government has justified not linking the forfeiture clause to criminal conviction by citing the principle enshrined in the UN Convention Against Corruption, which India ratified in 2011. The convention envisages domestic laws for confiscation of property without a criminal conviction in cases in which the offenders cannot be prosecuted for reasons of death, flight or absence. The Bill is reasonable in that a fugitive offender will cease to be one if he or she appears before court. There is a 180-day window during which the property will remain attached, with a provision for appeal against an order of confiscation. While the utility and effectiveness of laws are best assessed in the implementation, it is important to ensure they are fair and reasonable. The shortcomings in previous laws must be avoided, and the new legal regime impartially enforced.

Vocabulary

Apparent: clearly visible or understood; obvious.

Example: It became apparent that he was talented

Synonyms: evident, plain, obvious, clear, manifest, visible, discernible

Antonyms: unobvious, profound

Offender: a person who commits an illegal act.

Example: An institution for juvenile offenders

Synonyms: wrongdoer, criminal, lawbreaker, miscreant, malefactor

Impunity: exemption from punishment or freedom from the injurious consequences of an action.

Example: The impunity enjoyed by military officers implicated in civilian killings

Synonyms: immunity, indemnity, exemption (from punishment), freedom from liability

Confiscation: the action of taking or seizing someone's property with authority; seizure.

Example: A court ordered the confiscation of her property

Synonyms: seizure, requisition, appropriation, expropriation, sequestration

Fugitive: a person who has escaped from a place or is in hiding, especially to avoid arrest or persecution.

Example: Fugitives from justice

Synonyms: escapee, runaway, deserter, absconder, refugee

Antonyms: long

Abroad: in or to a foreign country or countries

Example: We usually go abroad for a week in May

Synonyms: overseas, out of the country, to/in foreign parts, to/in a foreign country

Antonyms: domestic

Disposal: the action or process of throwing away or getting rid of something.

Example: The disposal of radioactive waste

Synonyms: throwing away, discarding, jettisoning, scrapping, recycling

Infirmity: physical or mental weakness.

Example: Old age and infirmity come to men and women alike

Synonyms: illness, malady, ailment, disease, disorder, sickness, affliction

Antonyms: health, robustness, soundness, strength, sturdiness

Conviction: a firmly held belief or opinion.

Example: His conviction that the death was no accident

Synonyms: belief, opinion, view, thought, persuasion, idea, position

Antonyms: denial, disbelief, dissent, distrust, doubt, doubt

Assess: evaluate or estimate the nature, ability, or quality of.

Example: The committee must assess the relative importance of the issues

Synonyms: evaluate, judge, gauge, rate, estimate, appraise, consider, get the measure of