Editorials/Opinions Analysis For UPSC 19 July 2024

CONTENTS

1. High Seas Treaty: A Crucial Step for Marine Biodiversity Protection
2. On the Jurisdiction of the CBI

Trying Juveniles as Adults is not the Answer

Context:

In May, a speeding car allegedly driven by a teenager killed two young tech professionals in Pune. According to the Juvenile Justice (Care and Protection of Children) Act, 2015, the adolescent was initially brought before the Juvenile Justice Board (JJB), which granted him bail under seemingly lenient conditions. This decision, combined with the tragic incident and emerging accusations of using privilege to tamper with the investigation, sparked public outrage.

Relevance:

GS Paper – 2

• Issues Related to Children
• Government Policies and Interventions
• Issues Arising Out of Design and Implementation of Policies

Mains Question:

The issue lies not in the perceived leniency or “misuse” of the juvenile justice system, but rather in the failure to fully implement its foundational principles. Discuss in the recent context of the death of two young tech professionals in Pune in an accident. (15 Marks, 250 Words).

More about the Case:

• Following the backlash, the JJB modified its order, directing the adolescent’s detention in an Observation Home.
• This was challenged before the Bombay High Court, which ordered his release, noting that bail had been granted in accordance with due procedure.
• The High Court emphasized that the JJ Act is “not only a beneficial legislation, but is also a remedial one.”
• The push by some to prosecute the adolescent as an adult raises broader questions about the juvenile justice system’s ability to address severe offenses like drunken driving and the demand for accountability in cases involving young offenders.

Trying Adolescents as Adults:

• The Juvenile Justice (JJ) Act allows for adolescents over the age of 16 to be tried as adults if they are accused of committing a “heinous” offense, defined as one carrying a minimum punishment of seven years or more.
• Offenses like culpable homicide and causing death by negligence, which are common in drunk driving cases, are not considered “heinous” because they do not have a minimum prescribed punishment.
• The JJ Act, amended in 2021, now categorizes offenses with no minimum sentence but a maximum sentence of more than seven years as “serious offenses.”
• These serious offenses, however, do not warrant transferring the case to the adult criminal justice system.
• For adolescents over 16 accused of a “heinous” offense, the Juvenile Justice Board (JJB), a quasi-judicial body, conducts a preliminary assessment to determine if they should be tried as adults.
• If the JJB deems it necessary, the adolescent is transferred to a sessions court, which then independently assesses whether to try the adolescent as an adult.
• These protections are based on the understanding that adolescence is a temporary developmental stage marked by immature judgment and underdeveloped impulse control.
• This principle has been recognized by the Supreme Court in Dr. Subramanian Swamy v. Raju (2014) and by the UN Committee on the Rights of the Child.
• Consequently, the juvenile justice system prioritizes rehabilitation and social reintegration over punishment, acknowledging that adolescents, due to their high neuroplasticity, are more receptive to change.

Seeking Accountability:

• The juvenile justice system aims to hold offenders accountable for their actions. When an adolescent is found guilty of a crime, the JJ Act allows the multidisciplinary Juvenile Justice Board (JJB) to tailor a response suited to the circumstances and the individual.
• A conviction can lead to the institutionalization of the offender, but the primary goal is rehabilitation.
• The JJB can prescribe interventions such as therapy, psychiatric support, and de-addiction programs during and after institutionalization.
• An individualized care plan is developed for the adolescent’s rehabilitation, considering their socioeconomic background and the specifics of the crime.
• This approach fosters accountability and healing, creating opportunities for justice that are often not possible within the punitive adult justice system.
• In cases of deaths caused by motor accidents, innovative approaches have been used in Indonesia and the U.S. to enhance personal accountability.
• For instance, convicted drunk drivers in some jurisdictions must face a victim impact panel (VIP) of relatives who express how the incident affected their lives.
• A 2022 report by Kevin Thompson and Sarah Joyce found that exposure to VIPs in North Dakota led to a reduction in recidivism among offenders.
• While this cannot undo the life-altering incident, it personalizes the loss and grief experienced by the victim and allows the offender to express regret.

Acknowledging Victims in the Justice Process:

• Practices like these recognize the victim and their family as central to the justice process, in contrast to the traditional penal system where the victim is often reduced to a mere witness or excluded entirely as the state handles prosecution.
• They create space for the needs of the victims, which may include compensation, an apology, an explanation, or acknowledgment of responsibility by the offender.
• These practices also educate adolescents about accountability and sensitivity towards others, fostering their development into responsible adults.
• Facing victims or their families can be a powerful and transformative experience for offenders.
• The juvenile justice system’s responses can include the involvement of family members and communities of both the offender and the victim, and may involve counseling the offender’s family.
• This approach acknowledges that crime often results from a complex interplay of societal and psychological factors.

Conclusion:

The potential of the juvenile justice system, hence, remains unfulfilled. Trying adolescents as adults sidesteps the problem of weak implementation of the juvenile justice system. The issue is not with the perceived leniency or “misuse” of the system, but rather with the failure to fully implement its foundational principles.

Acceleration in Retail Price Gains and Erratic Rainfalls

Context:

Last month, retail price gains unexpectedly accelerated, with June’s provisional Consumer Price Index (CPI) showing inflation breaking a five-month downtrend and rising to 5.08%, 28 basis points higher than May’s 4.80%. Food prices were the primary driver of this increase. Year-on-year food price inflation, measured by the Consumer Food Price Index (CFPI), surged by 67 basis points in June, reaching a concerning 9.36%.

Relevance:

GS3-

• Fiscal Policy
• Inclusive Growth
• Banking Sector and NBFCs
• Planning
• Government Budgeting

Mains Question:

What effect can erratic rains have in curbing inflation? Suggest a way forward strategy to minimise the effects of rainfall on inflationary forces. (10 Marks, 150 Words).

Unpredictability in Food Price Gains:

• More alarmingly, the CFPI experienced the fastest sequential acceleration in 11 months, with food prices climbing 3.17% from May’s levels, which in turn pushed the broader CPI up by 1.33% month-on-month.
• This unpredictability in food price gains has been a significant concern for monetary policymakers, leading them to keep interest rates unchanged.
• RBI Deputy Governor Michael Debabrata Patra highlighted at the Monetary Policy Committee’s meeting that the Indian economy is “hostage to intersecting food price shocks,” stressing the need for increased vigilance to prevent these shocks from affecting other inflation components and expectations.
• The CFPI data reveals that nine sub-categories of food posted month-on-month gains, with all but the sugar and condiments group showing sequential accelerations.
• Vegetables saw the most significant price increases, rising 29.3% year-on-year and by a worrying 14.2% month-on-month, the highest in 11 months.
• The prices of widely consumed vegetables like potatoes, onions, and tomatoes recorded some of the steepest year-on-year gains, increasing by 57.6%, 58.5%, and 26.4%, respectively.

Uncertain Food Price Outlook:

• The outlook for food prices remains troubling. Data from the Department of Consumer Affairs Price Monitoring Division indicates that, as of July 15, the all-India average retail prices of potatoes and onions were nearly 56% and 67% higher, respectively, compared to a year earlier.
• Although tomato prices were about 43% lower than 12 months ago, they were 76% higher than in mid-June, suggesting a potential shift in price momentum.
• Cereals, which form the largest part of the food basket, also offered little relief, with the average retail prices of rice and wheat up by almost 10% and 6%, respectively, from a year earlier.
• Additionally, the Indian Meteorological Department’s data as of July 14 showed that countrywide precipitation since June 1 was not only at a 2% deficit but also unevenly distributed.
• Eleven of India’s 36 meteorological sub-divisions were still classified as ‘deficient,’ having received 20%-59% less rainfall than the long-period average.

Conclusion:

With key food-growing areas like Punjab experiencing deficient rains, policymakers are faced with a challenging task in trying to curb the pace of inflation.