CONTENTS
- Understanding the Process of Trying Juveniles as Adults in Court
- EU’s new crypto-legislation
- Kesavananda Bharati case
- National Civil Services Day
- International Fund for Agriculture Development (IFAD)
- Logistics Performance Index (LPI) 2023
- Gandhi Sagar Wildlife Sanctuary
Understanding the Process of Trying Juveniles as Adults in Court
Context:
The National Commission for Protection of Children (NCPCR) has recently issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board (JJB) under Section 15 of the Juvenile Justice Act, 2015 (JJ Act, 2015). This preliminary assessment is to ascertain whether a juvenile can be tried as an adult.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Preliminary assessment has to determine four aspects
- Process for Trying a Child as an Adult in Court
- Responsibilities of the Board in the Preliminary Assessment Process
- About Juvenile Justice Board
- About NCPCR
Preliminary assessment has to determine four aspects:
Physical capacity of the child:
- To determine the child’s ‘locomotor’ abilities and capacities, particularly with regard to gross motor functions such as walking, running, lifting, throwing…such abilities as would be required to engage in most antisocial activities.
Mental capacity:
- To determine the child’s ability to make social decisions and judgments.
- It also directs assessments pertaining to mental health disorders, substance abuse, and life skills deficits.
Circumstances in which the offence was allegedly committed:
- Psychosocial vulnerabilities of the child. This is to include life events, any trauma, abuse, and mental health problems, stating that the offence behaviour is a cumulative consequence of a lot of other circumstances.
Ability to understand the consequences of the alleged offence:
- To determine the child’s knowledge or understanding of the alleged offence’s social, interpersonal and legal consequences.
- These include what others will say or perceive him, how it might affect his personal relationships and the knowledge of relevant laws, respectively.
- It also states that the experts must be given an optimal opportunity to interact with the child to build a rapport.
- Experts can be from the field of child psychology and psychiatry.
- It also states they must undergo regular training. Additionally, a copy of the assessment must be given to the child and a legal aid counsel must be present during the assessment. it must be within three months of the child being produced before the Board.
- Other reports that the Board is to rely on include the Social Investigation Report, Social Background Report an Individual Care Plan, statements of witnesses and interaction with parents, guardians, school staff, peer groups and neighbours.
Process for Trying a Child as an Adult in Court
- Offence categorization: The JJ Act classifies offenses committed by children into petty, serious, and heinous offenses.
- Preliminary assessment: Section 15 of the JJ Act mandates a preliminary assessment by the Board if a child above 16 years of age is alleged to have committed a heinous offense. The assessment covers the child’s mental and physical capacity to commit the crime, their ability to understand the consequences of their actions, and the circumstances surrounding the offense.
- Board order: If the Board decides, after the preliminary assessment, that the child should be tried as an adult, Section 18 (3) of the Act permits the transfer of the case to the Children’s Court with jurisdiction over such offenses.
- Objective: The primary purpose of the preliminary assessment is to determine whether a child between the ages of 16 and 18 should be tried as an adult in cases involving heinous offenses.
Responsibilities of the Board in the Preliminary Assessment Process
- Conduct preliminary assessment: The Juvenile Justice Board (JJB) is responsible for conducting the preliminary assessment to determine whether a child between the ages of 16 and 18 should be tried as an adult in cases involving heinous offenses.
- Provide order copy: The JJB must provide a copy of the order to the child, their family, and their counsel.
- Seek expert assistance: If the JJB does not have a member with a degree in child psychology or psychiatry, the Board must take the assistance of psychologists or experts who have experience working with children.
- Provide legal aid counsel: The child must be provided with a legal aid counsel through the District Legal Services Authority, who should be present during the preliminary assessment.
- Mandate expert training: Experts who assist the JJB must undergo training related to Section 15 of the JJ Act, 2015.
- Analyze social reports: During the preliminary assessment, the Board and experts must analyze the Social Investigation Report (SIR) prepared by the Probation officer or Child Welfare Officer or any social worker, or a Social Background Report (SBR) prepared after interaction with the child or their family.
About Juvenile Justice Board:
- Juveniles accused of a crime or detained for a crime are brought before the Juvenile Justice Board (JJB) under the Juvenile Justice (Care and Protection of Children) Act 2000 (amended in 2006).
- The aim of JJB is to hold a child culpable for their criminal activity, not through punishment, but counselling the child to understand their actions and persuade them away from criminal activities in the future.
Structure :
- The JJB consists of judicial magistrate of the first class and two social workers, at least one of whom should be a woman.
- JJB are meant to resolve cases within a four month period.
- Most circumstances the juvenile can be released on bail by the JJB.
- The JJB is a child-friendly space that should not be intimidating or overwhelming for the child.
About NCPCR
- It is an Indian statutory body that was established in 2007 under an Act of Parliament – the Commission for Protection of Child Rights Act, 2005 – and works under the auspices of the Union Ministry of Women and Child Development (WCD).
- Its mandate is to ensure that all laws, policies, programmes, and administrative systems conform to the vision of children’s rights (ages 0 to 18 years) as enunciated in the Indian Constitution and the UN Convention on the Rights of the Child.
- The Commission envisions a rights-based approach that pervades national-state-local policies and programmes.
- As a result, the Commission envisions the state playing an indispensable role in ensuring o Children and their well-being, o Strong institution-building processes, o Respect for local bodies and decentralisation at the community level, and greater social concern in this direction.
-Source: The Hindu
EU’s New Crypto-legislation
Context:
The European Parliament, the legislative body of the 27-country block European Union, has approved the world’s first set of comprehensive rules to bring largely unregulated cryptocurrency markets under the ambit of regulation by government authorities. The regulation, called the Markets in Crypto Assets (MiCA), will come into force after formal approval by member states.
Relevance:
GS II: International Relations
Dimensions of the Article:
- Importance of Regulation in the Crypto Industry
- What kind of assets will MiCA cover?
- New rules that will be imposed by MiCA
- Regulation of Cryptocurrencies in India
Importance of Regulation in the Crypto Industry
- Harmonization: Comprehensive frameworks like MiCA (Markets in Crypto-Assets) for 27 countries in Europe provide regulatory clarity and harmonization, which can help to create a level playing field for the crypto industry across different countries and regions.
- Competitive edge: Regulation can give the EU a competitive edge in the crypto industry and support its growth compared to countries like the U.S. or the U.K., which lack regulatory clarity and consistency.
- Prevention of failures and fraud: Proper regulation can help to prevent some of the biggest failures and fraud scandals in the crypto industry, which have caused liquidity shortages and bankruptcies in recent years.
- Consumer protection: Regulations can help to protect consumers from fraudulent or risky investments and provide a safer and more secure environment for crypto transactions and investments.
- Increased investor confidence: Clear and consistent regulations can increase investor confidence in the crypto industry and attract more traditional investors, leading to more mainstream adoption and growth.
What kind of assets will MiCA cover?
- MiCA legislation will cover “cryptoassets,” which are defined as digital representations of value or rights that use cryptography for security and can be transferred and stored electronically using distributed ledger technology or similar technology.
- This definition includes traditional cryptocurrencies like Bitcoin and newer ones like stablecoins.
- MiCA will not regulate digital assets that qualify as transferable securities or financial instruments under existing regulation, as well as most non-fungible tokens (NFTs).
- It will also not regulate central bank digital currencies issued by the European Central Bank or digital assets issued by national central banks of EU member countries in their capacity as monetary authorities, or cryptoasset-related services offered by them.
New rules that will be imposed by MiCA:
- MiCA will require compliance from issuers of cryptoassets and cryptoasset service providers (CASPs) that offer crypto-related services to the public.
- The regulation will apply to CASPs that provide services like operating a trading platform, custody and administration of crypto-assets on behalf of third parties, exchanging crypto-assets for funds/other crypto-assets, executing orders for crypto-assets, placing crypto-assets, providing transfer services for crypto-assets to third parties, providing advice on cryptoassets, and crypto-portfolio management.
- CASPs will be required to get incorporated as a legal entity in the EU and will have to be authorised by regulators in any one member country. They will be supervised by regulators like the European Banking Authority and the European Securities and Markets Authority, who will ensure that the companies have the required risk management and corporate governance practices in place.
- CASPs of stablecoins will have to furnish key information in the form of a white paper mentioning details of the crypto product, the terms of the offer to the public, the type of blockchain verification mechanism they use, the rights attached to the cryptoassets in question, the key risks involved for the investors and a summary to help potential purchasers make an informed decision regarding their investment.
- Crypto companies will also have to send information of senders and recipients of cryptoassets to their local anti-money laundering authority to prevent laundering and terror financing activities.
Regulation of Cryptocurrencies in India:
- India does not have a comprehensive regulatory framework for cryptoassets yet
- A draft legislation on crypto regulation is reportedly in the works
- The Indian government has taken steps to bring cryptocurrencies under specific authorities and taxation
- The Union Budget for 2022 imposed a 30% tax on income from the transfer of any virtual digital asset
- In March 2023, the government placed all transactions involving virtual digital assets under the purview of the Prevention of Money Laundering Act (PMLA)
-Source: The Hindu
Kesavananda Bharati case
Context:
Fifty years ago, on April 24, 1973, the Supreme Court delivered its judgment in Kesavananda Bharati Sripadagalvaru and Ors vs State of Kerala and Anr, the landmark case that redefined the relationship between Parliament and the Constitution.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Kesavananda Bharati case
- Understanding the Doctrine of the Basic Structure:
Kesavananda Bharati case
- The Kesavananda Bharati case was a landmark case in India that dealt with the extent of Parliament’s power to amend the Constitution.
- In earlier cases, the Supreme Court viewed the power to amend the Constitution as unfettered, but this changed in the I C Golaknath & Ors vs State Of Punjab & Anrs (Feb 27, 1967), where the court ruled that Parliament cannot amend the fundamental rights guaranteed by the Constitution.
- Parliament responded by amending the Constitution to give itself the power to amend any part of the Constitution and passed a law that it cannot be reviewed by the courts.
- The scope of the power to amend was the central challenge in the Kesavananda case, which dealt with the land ceiling laws that impacted the fundamental right to property.
- In its majority ruling, the court held that fundamental rights cannot be taken away by amending them, but Parliament had vast powers to amend the Constitution.
- The court drew a line by observing that certain parts are so inherent and intrinsic to the Constitution that even Parliament cannot touch it, and ruled that the amendment should not violate the “basic structure” of the Constitution.
Understanding the Doctrine of the Basic Structure:
- The basic structure doctrine originated in the German Constitution after World War II, which introduced limits on Parliament’s power to amend certain parts of the Constitution considered “basic law”.
- In India, the basic structure doctrine serves as the foundation for judicial review of all laws passed by Parliament, and prohibits any law that infringes on the basic structure.
- The exact definition of the basic structure, however, remains a subject of ongoing debate and interpretation.
- Some elements of the basic structure, as identified by the courts, include parliamentary democracy, fundamental rights, judicial review, and secularism.
- Ultimately, it is the role of the Judiciary to determine what constitutes the basic structure of the Indian Constitution.
-Source: Indian Express
National Civil Services Day
Context:
The Government of India commemorates ‘Civil Services Day’ every year on April 21.
- The theme for this year’s Civil Services Day is ‘Viksit Bharat: Empowering Citizens and Reaching the Last Mile’.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- History of National Civil Services Day in India:
- This year’s awards
History of National Civil Services Day in India:
- National Civil Services Day was first celebrated on April 21, 2006.
- The date was chosen because on this day in 1947, the first Home Minister of Independent India, Sardar Vallabhbhai Patel, addressed the probationers of Administrative Services Officers at Metcalf House in Delhi.
- Patel referred to civil servants as the “steel frame of India” and urged them to be guided by the spirit of service in their day-to-day administration.
- Patel also encouraged civil servants to cultivate an esprit de corps, or shared feeling of pride among group members, and uphold the dignity, integrity, and incorruptibility of the Indian Administrative Service.
- National Civil Services Day is celebrated to recognize the contribution of civil servants to the development and progress of India.
This year’s awards
- The Prime Minister’s Awards for Excellence in Public Administration were given for exemplary work done in four identified priority programmes.
- The four priority programmes are: Promoting Swachh Jal through Har Ghar Jal Yojana; Promoting Swasth Bharat through Health & Wellness Centres; Promoting quality education with an equitable and inclusive classroom environment through Samagra Shiksha; Holistic Development through Aspirational District Programme – overall progress with special focus on saturation approach.
- A total of eight awards were conferred for the above four identified programmes even as seven awards were given for innovations.
- The Ministry of Personnel, Public Grievances & Pensions received a total of 2520 nominations for the awards.
- The Department of Administrative Reforms and Public Grievances (DARPG) ensured a fair and transparent selection process for the awards, which involved multiple rounds of scrutiny, including on-site visits to the nominated organizations.
- The shortlist of candidates was sent to the Prime Minister’s Office for final selection.
-Source: Indian Express
International Fund for Agriculture Development (IFAD)
Context:
IFAD President recently said that IFAD will set up a new framework to facilitate cooperation between small agricultural producers in developing nations and businesses in Japan and elsewhere
Relevance:
GS II: International Relations
Dimensions of the Article:
- Details
- International Fund for Agriculture Development (IFAD)
- Enhanced Linkages between Private Sector and Small-Scale Producers (ELPS) Initiative
- Other Initiatives of IFAD
Details:
The Enhanced Linkages between Private Sector and Small-Scale Producers (ELPS) initiative will be set up with an aim of strengthening developing nations’ agriculture and food systems according to the IFAD President.
International Fund for Agriculture Development (IFAD):
- An international financial institution and a specialized agency of the United Nations
- Dedicated to eradicating poverty and hunger in rural areas of developing countries
- Aims to empower rural people to increase their food security, improve nutrition, and increase incomes
- Projects and programmes carried out in remote and environmentally fragile locations, including least-developed countries and small island developing States
- Only multilateral development institution exclusively focused on transforming rural economies and food systems
- Member of United Nations Development Group (UNDP)
- Established in 1977 through United Nations General Assembly Resolution
- Headquarters in Rome, Italy
- Membership includes 177 Member States, including India
- Governing Council is the highest decision-making body which meets every three years
Enhanced Linkages between Private Sector and Small-Scale Producers (ELPS) Initiative:
- IFAD initiative in cooperation with the Ministry of Agriculture, Forestry, and Fisheries of Japan
- Aims to connect small-scale food producers and marginalized farmer groups in developing countries with larger agrifood companies
- Facilitates investment, capacity building, and trade
- Small-scale producers can benefit from expertise, knowledge, and technologies of the private sector
Other Initiatives of IFAD:
- Adaptation for Smallholder Agriculture Programme (ASAP)
- Agri-Business Capital (ABC) Fund
- Pacific Islands Rural and Agriculture Stimulus Facility
- Platform for Agricultural Risk Management
- Regenerate response
-Source: Times of India
Logistics Performance Index (LPI) 2023
Context:
India’s rank in the recently released World Bank’s Logistics Performance Index 2023 has improved by six places.
Relevance:
GS III: Indian Economy
Dimensions of the Article:
- Highlights of LPI 2023
- About Logistics Performance Index (LPI)
Highlights of LPI 2023:
- The Logistics Performance Index (LPI) 2023 measures logistics performance across 139 countries, allowing for comparisons.
- For the first time, the LPI 2023 includes indicators derived from big datasets that track shipment speed, providing a new way of measuring trade efficiency.
- Singapore and Finland are the top-ranked countries for logistics performance in the 2023 LPI.
- India has improved its logistics performance, climbing six places from the previous index to rank 38 out of 139 countries.
- The LPI report suggests that India’s jump in the index could be due to its modernisation and digitalisation efforts, which are helping emerging economies like India to leapfrog advanced countries.
About Logistics Performance Index (LPI):
- The Logistics Performance Index (LPI) is released by the World Bank.
- Purpose:
- It is an interactive benchmarking tool created to help countries identify the challenges and opportunities they face in their performance on trade logistics and what they can do to improve their performance.
- Measures:
- The LPI measures the ease of establishing reliable supply chain connections and structural factors that make it possible, such as the quality of logistics services, trade and transport-related infrastructure, as well as border controls.
-Source: The Hindu
Gandhi Sagar Wildlife Sanctuary
Context:
Madhya Pradesh Chief Minister recently announced that Gandhi Sagar Wildlife Sanctuary will be developed as a second home for cheetahs within six months.
Relevance:
GS III: Science and Technology
About Gandhi Sagar Wildlife Sanctuary:
Location:
- Gandhi Sagar Wildlife Sanctuary is located in northwestern Madhya Pradesh, with one of its boundaries running along the border of Rajasthan.
Establishment:
- It was notified as a wildlife sanctuary in 1974.
- The sanctuary covers an area of km.
Landscape and Vegetation:
- The sanctuary has vast open landscapes with sparse vegetation and rocky terrain, along with small patches of dense forests.
- The vegetation comprises of Northern tropical dry deciduous forest, Northern tropical dry mixed deciduous forest, and Dry deciduous scrub.
- Khair, Salai, Kardhai, Dhawda, Tendu and Palash are the principal tree species found here.
Fauna:
- The sanctuary is home to herbivores like Chinkara, Nilgai, and Spotted Deer, and carnivores like the Indian Leopard, Striped Hyena, and Jackal.
- It also has a good population of crocodiles, fish, otters, and turtles.
Places of Interest:
- The sanctuary has many places of historical, archeological, and religious importance, such as Chaurasigarh, Chaturbhujnath temple, Bhadkaji rock paintings, Narsinghjhar Hinglajgarh fort, and Taxakeshwar temple.
River:
- The River Chambal flows through the sanctuary, dividing it into two parts.
-Source: The Hindu
