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  • Child Rights – POSCO, Child Labour Laws, NAPC, etc.

    Assessing Juvenility a ‘Delicate Task’: SC

    The Supreme Court has given some guidelines for the delicate task of deciding whether juveniles aged between 16 and 18, accused of heinous offences such as murder can be tried like adults as per the JJ Act, 2005.

    Juvenile Justice Act, 2015

    • The JJ Act, 2015 replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000.
    • It allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults.
    • The Act also sought to create a universally accessible adoption law for India.
    • The Act came into force from 15 January 2016.

    Key features

    • Change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”
    • Inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;
    • Setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
    • Special provisions for heinous offences committed by children above the age of 16 years: This was in response to the juvenile convict in Nirbhaya Case.
    • Inclusion of new offences committed against children:  Sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offences against disabled children and, kidnapping and abduction of children.
    • Penalties for cruelty against a child: Offering a narcotic substance to a child, and abduction or selling a child has been prescribed.

    What is the recent Supreme Court assessment?

    • The “delicate task” of deciding whether juveniles aged between 16 and 18, accused of heinous offences such as murder, can be tried like adults should be based on meticulous psychological investigation.
    • They should not left to the discretion and perfunctory “wisdom” of juvenile justice boards and children’s courts across the country, the Court held.

    What delicate tasks does the apex court is referring to?

    (1) Preliminary Assessment

    • Section 15 of the JJ Act requires a “preliminary assessment” to be done of the mental and physical capacity of juveniles, aged between 16 and 18, who are involved in serious crimes.
    • The assessment is meant to gauge a child’s ability to understand the consequences of the offence and the circumstances in which he or she allegedly committed the offence.
    • If the Juvenile Justice Board is of the opinion that the juvenile should not be treated as an adult, it would not pass on the case to the children’s court and hear the case itself.
    • If the Board decides to refer the case to the children’s court for trial as an adult, the juvenile, if guilty, would even face life imprisonment.

    (2) Mental capacity

    • The evaluation of ‘mental capacity and ability to understand the consequences’ of the child in conflict with law can should not be relegated as a routine task.
    • The process of taking a decision on which the fate of the child in conflict with law precariously rests, should not be taken without conducting a meticulous psychological evaluation.
    • The court said the Board which conducts the assessment of the child should have at least one child psychologist.

    Way forward

    • The court discovered that there were neither guidelines nor a specific framework in place for conduct of the preliminary assessment.
    • The court left it open for the Centre and the National Commission for Protection of Child Rights to consider issuing guidelines or directions in this regard.
    • It should further take the assistance of experienced psychologists or psychosocial workers.

     

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  • Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

    India’s imports from China rose to a record in first half of 2022

    India’s imports from China reached a record $57.51 billion in the first half of the year, according to China’s trade figures.

    India-China Bilateral Trade

    • China is India’s largest trading partner.
    • Major commodities imported from China into India were: electronic equipment; machines, engines, pumps; organic chemicals; fertilizers; iron and steel; plastics; iron or steel products; gems, precious metals, coins; ships, boats; medical, and technical equipment.
    • Major commodities exported from India to China were: cotton; gems, precious metals, coins; copper; ores, slag, ash; organic chemicals; salt, sulfur, stone, cement; machines, engines, and pumps.

    Recent measures to curb imports from China

    • Blame it on the pandemic and the border dispute, but the result is the same: some Indian businesses are boycotting China.
    • The government is now asking Indian e-commerce companies like Flipkart and Amazon India to label country of origin for all products sold on its websites.
    • The govt banned many Chinese mobile applications, including top social media platforms such as TikTok, Helo and WeChat and games such as PUBG.

    Can we completely boycott Chinese products?

    • Trade deficits are not necessarily bad: Both Indian consumers and Chinese producers are gainers through trading.
    • Will hurt the Indian poor the most: This is because the poor are more price-sensitive.
    • Will punish Indian producers and exporters: Several businesses in India import intermediate goods and raw materials, which, in turn, are used to create final goods — both for the domestic Indian market as well as the global market.
    • Pharma sector could be worst hit: For instance, of the nearly $3.6 billion worth of ingredients that Indian drug-makers import to manufacture several essential medicines, China catered to around 68 per cent.
    • Will barely hurt China: According to the United Nations Conference on Trade and Development (UNCTAD) data for 2018, 15.3% of India’s imports are from China, and 5.1% of India’s exports go to China.
    • Chinese money funds Indian unicorns: India and China have also become increasingly integrated in recent years.
    • India will lose policy credibility: It has also been suggested that India should renege on existing contracts with China.

    Way forward

    • In the long term, under the banner of self-reliance, India must develop its domestic capabilities and acquire a higher share of global trade by raising its competitiveness.
    • The government’s “Atmanirbhar” focus is expected to help ministries handhold industries where self-reliance needs to be built.
    • For the long run, a more effective strategy needs to be built to provide an ecosystem that addresses the cost disability of Indian manufacturing leading to such imports.

     

    We would love to see you attempting these questions. Post your answer snaps in the comment box.

     

    Q. India’s quest for self-reliance is still a distant dream. Critically comment in light of the popular sentiment against the Chinese imports in India.

     

    Q.“Curbing Chinese imports to India will do more harm than any good”. Analyse.

     

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  • Anti Defection Law

    Election Symbol Disputes and ECI

    A political party in Maharashtra has approached the Election Commission of India (ECI), requesting it to hear its side before deciding claims to the party’s bow-arrow symbol.

    What is the news?

    • A party has lost a large number of members in the rebellion that eventually caused the fall of the government in Maharashtra.
    • The rebel has claimed to be the only original leader of the party on the basis of the support of more than two-thirds of the party’s legislators in the Maharashtra Assembly.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed, and may take at least six months.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the ECI may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognised national and state parties.
    • For splits in registered but unrecognised parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognise them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognised the faction as CPI(M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organisation (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognise the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in state or central elections after registration.

     

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  • Women empowerment issues – Jobs,Reservation and education

    India ranks 135 out of 146 in Gender Gap Index

    India ranks 135 among a total of 146 countries in the Global Gender Gap Index, 2022, released by the World Economic Forum.

    What is Global Gender Gap Index?

    • The report is annually published by the World Economic Forum (WEF).
    • It benchmarks gender parity across four key dimensions or sub-indices — economic participation and opportunity, educational attainment, health and survival, and political empowerment.
    • It measures scores on a 0-to-100 scale, which can be interpreted as the distance covered towards parity or the percentage of the gender gap that has been closed.
    • The report aims to serve “as a compass to track progress on relative gaps between women and men on health, education, economy and politics”.
    • According to the WEF it is the longest-standing index, which tracks progress towards closing these gaps over time since its inception in 2006.

    How has India fared on different sub-indices?

    Here’s how it stands on different sub-indices:

    (1) Political Empowerment

    • This includes metrics such as the percentage of women in Parliament, the percentage of women in ministerial positions etc.
    • Of all the sub-indices, this is where India ranks the highest (48th out of 146).
    • However, notwithstanding its rank, its score is quite low at 0.267.
    • Some of the best-ranking countries in this category score much better.
    • For instance, Iceland is ranked 1 with a score of 0.874 and Bangladesh is ranked 9 with a score of 0.546.
    • Moreover, India’s score on this metric has worsened since last year – from 0.276 to 0.267.
    • The silver lining is that despite the reduction, India’s score is above the global average in this category.

    (2) Economic Participation and Opportunity

    • This includes metrics such as the percentage of women who are part of the labour force, wage equality for similar work, earned income etc.
    • Here, too, India ranks a lowly 143 out of the 146 countries in contention even though its score has improved over 2021 from 0.326 to 0.350.
    • Last year, India was pegged at 151 out of the 156 countries ranked.
    • India’s score is much lower than the global average, and only Iran, Pakistan and Afghanistan are behind India on this metric.

    (3) Educational Attainment

    • This sub-index includes metrics such as literacy rate and the enrolment rates in primary, secondary and tertiary education.
    • Here India ranks 107th out of 146, and its score has marginally worsened since last year.
    • In 2021, India was ranked 114 out of 156.

    (4) Health and Survival

    • This includes two metrics: the sex ratio at birth (in %) and healthy life expectancy (in years).
    • In this metric, India is ranked last (146) among all the countries.
    • Its score hasn’t changed from 2021 when it was ranked 155th out of 156 countries.
    • The country is the worst performer in the world in the “health and survival” sub-index in which it is ranked 146.

    Where does India stand amongst its neighbour?

    • India ranks poorly among its neighbours and is behind Bangladesh (71), Nepal (96), Sri Lanka (110), Maldives (117) and Bhutan (126).
    • Only the performance of Iran (143), Pakistan (145) and Afghanistan (146) was worse than India in South Asia.
    • In 2021, India ranked 140 out of 156 nations.

     

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  • Contention over South China Sea

    Places in news: Paracel Islands

    A US destroyer sailed near the disputed Paracel Islands in the South China Sea, drawing an angry reaction from Beijing, which said its military had “driven away” the ship.

    About Paracel Islands

    • The Paracel Islands, also known as the Xisha Islands and the Hoang Sa Archipelago are a disputed archipelago in the South China Sea.
    • The archipelago includes about 130 small coral islands and reefs, most grouped into the northeast Amphitrite Group or the western Crescent Group.

    What is the South China Sea Dispute?

    • It is a dispute over territory and sovereignty over ocean areas, and the Paracels and the Spratlys – two island chains claimed in whole or in part by a number of countries.
    • China, Vietnam, the Philippines, Taiwan, Malaysia, and Brunei all have competing claims.
    • Alongside the fully-fledged islands, there are dozens of rocky outcrops, atolls, sandbanks, and reefs, such as the Scarborough Shoal.
    • China claims by far the largest portion of territory – an area defined by the “nine-dash line” which stretches hundreds of miles south and east from its most southerly province of Hainan.
    • Beijing says its right to the area goes hundreds of centuries to when the Paracel and Spratly island chains were regarded as integral parts of the Chinese nation.
    • It showed the two island groups falling entirely within its territory. Those claims are mirrored by Taiwan.

    Spat over Chinese claims

    • China has backed its expansive claims with island-building and naval patrols.
    • The US says it does not take sides in territorial disputes but has sent military ships and planes near disputed islands, calling them “freedom of navigation” operations to ensure access to key shipping and air routes.
    • Both sides have accused each other of “militarizing” the South China Sea.
    • There are fears that the area is becoming a flashpoint, with potentially serious global consequences.

     

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  • Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

    India & FTA

    Context

    In recent months, India has signed trade agreements with Australia and UAE. n the last week of June, New Delhi began talks for a similar agreement with the EU.

    How FTA with EU could help India

    • India’s successful sectors like textiles, pharmaceuticals and leather could benefit from these deliberations, which would also be keenly watched by representatives of the services and renewable energy sectors.
    • A successful free trade agreement (FTA) with the EU could help India to expand its footfall in markets such as Poland, Portugal, Greece, the Czech Republic and Romania, where the country’s exports registered double-digit annual growth rates in the last decade.

    So, what are the factors India need to consider while signing FTA

    1] Impact of tariff on domestic industry:

    • It has been observed that when India is an importer, the preferential tariffs that accrue as a result of trade agreements are significantly lower than the rates charged from countries given Most Favoured Nation (MFN) status by India.
    • But when the partner country is the importer, preferential tariffs on Indian goods, in most cases, are closer to the MFN tariffs.
    • As a result, Indian exporters do not get the same returns as their counterparts in the partner countries.
    • India’s trade with South Korea is a case in point.
    • Before entering into a trade agreement care should, therefore, be taken to ensure that the domestic industry is not made to compete on unequal terms with the partner countries.

    2] Adherence to the rules of origin

    • The India-UAE Comprehensive Economic Partnership Agreement sets a good example.
    • It includes a strong clause on the rules of origin.
    • Forty per cent value addition or substantial processing of up to 40 per cent in the exporting country is required to qualify for lower tariffs.
    • Rules of origin have been a bone of contention in most Indian trade agreements.
    • (CAROTAR, 2020): In 2020, the country notified the Customs (Administration of Rules of Origin under Trade Agreements) Rules (CAROTAR, 2020), which require a basic level of due diligence from the importer.

    3] Including the offset clauses

    • “Offset clauses” — where the exporter is obliged to undertake activities that directly benefit the importing country’s economy — should be built into trade agreements, especially for technology intensive sectors.

    4] Emergency action plan

    •  In February 2020, the US made India ineligible for claims under GSP, America’s oldest preferential trade scheme.
    • The US Trade Representative’s Office deemed India as a developed country and suspended beneficial treatment under the GSP.
    • A contingency plan should be in place to tackle such situations.

    5] Inclusion of sunset clause

    • India should also take a cue from the US-Mexico-Canada Agreement, to incorporate a “sunset” clause in trade agreements.
    • The pact between the three North American nations provides for periodic reviews and the agreement is slated to end automatically in 16 years unless the countries renegotiate it.

    6] Parity between services and merchandise

    • India should negotiate for parity between services and merchandise.
    • Low trade in services: India’s trade in services is low, and its overall score in the OECD’s Services Trade Restrictiveness Index (STRI) exceeds the world average.
    • It is especially high in legal and accounting services due to the licencing requirements in both these segments.
    • Expansion in banking and financial services: There is also significant room for expansion of trade in the banking and financial services industry.

    Conclusion

    A well-crafted trade agreement could help India enhance its share in global trade and help attain the government’s target of making the country a $5-trillion economy.

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    Back2Basics: CAROTAR Rules

    • Importers will have to do their due diligence to ensure that imported goods meet the prescribed ‘rules of origin’ provisions.
    • This is the essential availing concessional rate of customs duty under free trade agreements (FTAs).
    • A list of minimum information, which the importer is required to possess, has also been provided in the rules along with general guidance.
    • Also, an importer would now have to enter certain origin related information in the Bill of Entry, as available in the Certificate of Origin.

    Why need CAROTAR?

    • CAROTAR 2020 supplements the existing operational certification procedures prescribed under different trade agreements.
    • India has inked FTAs with several countries, including Japan, South Korea and ASEAN members.
    • Under such agreements, two trading partners significantly reduce or eliminate import/customs duties on the maximum number of goods traded between them.
    • The new rules will assist customs authorities in the smooth clearance of legitimate imports under FTAs.
  • Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

    Bonn meet

    Context

    From June 6-16, representatives from more than 100 countries descended on Bonn to hold preliminary discussions on what could be the final communiqué at the conclusion of COP27, to be held at Sharm-el-Sheikh later this year.

    Key takeaways from the discussion

    • Centred on climate finance: Discussions were centred around climate finance and there was hardly any convergence of issues.
    • No convergence: The developed and developing countries or for that matter, big polluters and small polluters, were speaking from the ends of the spectrum with no meeting ground.
    • Focus on adaptation and mitigation: Much of the discussion was around “loss and damage”, which was being experienced by many of the smaller countries, especially with big coastlines, due to rising river levels, loss of agricultural productivity, loss of livelihoods, etc.
    • The idea to provide assistance for “loss and damage” was opposed by the US and the EU.
    • Need for alternative funding: The Green Climate Fund is considered too cumbersome and the process too lengthy.
    • Hence, the need for an alternate funding route was imperative.
    • It was argued that one needs to look into this issue right now and provide financial assistance to cope with it.
    • This brings into focus the debate between adaptation and mitigation.
    • The demand of the developing countries for a provision of climate finance at a scale much higher than $100 billion a year fell on deaf ears.
    • Incidentally, the figure of $100 billion was arrived at arbitrarily and that too way back in 2009.

    Mitigation Vs Adaptation debate

    • More funding directed toward mitigation: It is generally felt that whatever funding has come for climate change issues has mostly been directed towards mitigation.
    • This is primarily because mitigation projects have a cost-benefit analysis and, therefore, it is easy to lend money because you can get it back through interest payments.
    • Cost-benefit analysis: This is primarily because mitigation projects have a cost-benefit analysis and, therefore, it is easy to lend money because you can get it back through interest payments.
    • Mitigation would mean, for example, setting up solar generation units to avoid carbon footprint.
    • Cost-benefit analysis is difficult for adaptation projects, which would be in the form of grants.

    Actions needed to limit the temperature rise to 1.5 degree Celsius

    • 2.4°C by NDC: The Nationally Determined Contributions (NDCs), as on date, are good enough to limit temperature rise to 2.4 degrees centigrade, provided all the targets are met.
    • 1.8°C with net-zero commitment: In addition, if countries also meet their net-zero commitments by 2050, the temperature rise will still be around 1.8 degrees centigrade.
    • 1.5°C:  To limit the temperature rise to 1.5 degrees centigrade, emissions will have to be cut down by half by 2030.
    • The Alliance of Small Island States (AOSIS) expressed the view that to be more meaningful, the aim should be to reduce emissions by 20 per cent by 2025 itself.
    • The logic is that the next round of NDCs is due only in 2025 and by that time, it would be too late to formulate a plan that is achievable by 2030.

    Issue of using remaining carbon space

    • The use of the remaining carbon space available to limit temperature rise to 1.5 degrees centigrade, a highly contentious issue, was also discussed in Bonn.
    • The US resisted being labelled as a “big emitter” and was not willing to take responsibility for its historical emissions.
    • There is no single estimate of how much carbon space is really available as on date, but broad indications are that at the given emissions rate, it would be roughly 10 years.
    • The raging debate is how to distribute this available space equitably amongst countries, which would mean that someone has to take the burden of stiffer targets.
    • What the US wanted other big emitters like China and India take on greater responsibilities for cutting down emissions.
    • However, the like-minded group of developing countries (LMDCs) — which included China, India, Saudi Arabia and the Arab countries — were opposed to this.

    Conclusion

    If there was any hope that discussions at Bonn would provide an acceptable draft, which could be taken forward during COP27, it was misplaced.

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    Back2Basics: The Paris Agreement

    • The Paris Agreement is a legally binding international treaty on climate change. It was adopted by 196 Parties at COP 21 in Paris, on 12 December 2015 and entered into force on 4 November 2016.
    • Its goal is to limit global warming to well below 2, preferably to 1.5 degrees Celsius, compared to pre-industrial levels.
    • To achieve this long-term temperature goal, countries aim to reach global peaking of greenhouse gas emissions as soon as possible to achieve a climate-neutral world by mid-century.
    • It is a landmark process because, for the first time, a binding agreement brings all nations into a common cause to undertake ambitious efforts to combat climate change and adapt to its effects.
    • Implementation of the Paris Agreement requires economic and social transformation, based on the best available science.
    • The Agreement works on a 5- year cycle of increasingly ambitious climate action carried out by countries.
    • By 2020, countries submit their plans for climate action known as nationally determined contributions (NDCs).

    NDCs

    • In their NDCs, countries communicate actions they will take to reduce their Greenhouse Gas emissions in order to reach the goals of the Paris Agreement.
    • Countries also communicate in the NDCs actions they will take to build resilience to adapt to the impacts of rising temperatures.
  • Judicial Reforms

    Bail Law and Supreme Court call for Reform

    The Supreme Court underlined the pressing need for reform in the law related to bail and called on the government to consider framing a special legislation on the lines of the law in the United Kingdom.

    What is Bail?

    • Bail is the conditional release of a defendant with the promise to appear in court when required.
    • The term also means the security that is deposited in order to secure the release of the accused.

    Types of Bail in India

    • Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
    1. Regular bail: A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.
    2. Interim bail: This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
    3. Anticipatory bail: Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offense.

    Conditions for Grant of Bail in Bailable Offences

    • Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
    1. There are sufficient reasons to believe that the accused has not committed the offence.
    2. There is sufficient reason to conduct a further inquiry in the matter.
    3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

    Conditions for Grant of Bail in Non-Bailable Offences

    • Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
    • It is discretion of the court to grant bail in case of non-bailable offences if:
    1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
    2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
    3. There is a delay in lodging FIR by the complainant, bail may be granted.
    4. The accused is gravely sick.

    What is the recent ruling about?

    • The Supreme Court underlined that arrest is a draconian measure that needs to be used sparingly.
    • The ruling is essentially a reiteration of several crucial principles of criminal procedure.

    Why bail needs reform?

    • Huge pendency of undertrials: Referring to the state of jails in the country, where over two-thirds lodged are undertrials,
    • Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
    • Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
    • Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.

    What is the law on bail?

    • The CrPC does not define the word bail but only categories offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.
    • The CrPC empowers magistrates to grant bail for bailable offences as a matter of right.
    • This would involve release on furnishing a bail bond, without or without security.

    And what is the UK law?

    • The Bail Act of the United Kingdom, 1976, prescribes the procedure for granting bail.
    • A key feature is that one of the aims of the legislation is “reducing the size of the inmate population”.
    • The law also has provisions for ensuring legal aid for defendants.
    • The Act recognises a “general right” to be granted bail.

    What has the Supreme Court held on reforms?

    The court’s ruling is in the form of guidelines, and it also draws the line on certain procedural issues for the police and judiciary:

    • Separate law on Bail: The court underlined that the CrPC, despite amendments since Independence, largely retains its original structure as drafted by a colonial power over its subjects.
    • Uniform exercise of discretionary powers: It also highlighted that magistrates do not necessarily
    • Avoid indiscriminate arrests: The SC also directed all state governments and Union Territories to facilitate standing orders to comply with the orders and avoid indiscriminate arrests.

     

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  • Child Rights – POSCO, Child Labour Laws, NAPC, etc.

    Child labour in India

    The Centre does not have any data on child labour in the country and a reason for this is the drying up of budgetary provisions meant for the National Child Labour Project (NCLP).

    What is Child Labour?

    • The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
    • It refers to work that:
    1. is mentally, physically, socially or morally dangerous and harmful to children; and/or
    2. interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.

    National Child Labour Project (NCLP)

    • The NCLP Scheme is a Central Sector Scheme under the Ministry of Labour.
    • Under this Scheme the District Project Societies (DPS) are set up at the district level under the Chairmanship of the Collector/District Magistrate to oversee the implementation of the project.
    • Under this Scheme, the children in the age group of 9-14 years are withdrawn from work and put into NCLP Special Training Centres.
    • They are provided with bridge education, vocational training, mid-day meal, stipend, health care etc. before being mainstreamed into formal education system.
    • The children in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the Sarva Shiksha Abhiyan.
    • A dedicated online portal named PENCiL (Platform for Effective Enforcement for No Child Labour) is developed for better monitoring and implementation.

    Why in news now?

    • No ministry had any data regarding the status of child labour in our country.
    • The NCLP’s schools for child labourers work for three to four years and they have also more or less stopped functioning due to scarcity of funds.
    • Education Ministry also does not have a mechanism to find out the number of children engaged in child labour.

    Grave concerns of the issue

    • This is a serious situation.
    • It is for the first time that a parliamentary panel is engaged in a detailed examination of the national policy on child labour.
    • Though we have legislation, the Child Labour (Prohibition and Regulation) Act, since 1986 the menace of child labour is continue unchecked.

    Various provisions against Child Labour

    • Article 23 of the Indian Constitution states that any type of forced labour is prohibited.
    • Article 24 states that a child under 14 years cannot be employed to perform any hazardous work.
    • Article 39 states that “the health and strength of workers, men and women, and the tender age of children are not abused”.
    • The Child Labour Act (Prohibition and Regulation) 1986 prohibits children under the age of 14 years to be working in hazardous industries and processes.

     

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  • Modern Indian History-Events and Personalities

    In news: National Emblem of India

    A day after the National Emblem cast on top of the under-construction Parliament unveiled, controversy has erupted over its aggressive posture.

    National Emblem of India

    • On 26 January 1950, a representation of the Lion Capital of Ashoka placed above the motto, Satyameva Jayate, was adopted as the State Emblem of India.
    • The emblem is an adaptation of the Lion Capital of Ashoka, an ancient sculpture dating back to 280 BCE during the reign of the Maurya Empire.
    • It was originally made of Chunar sandstone.
    • The statue is a three-dimensional emblem showing four lions.

    Features of the emblem

    • The actual Sarnath capital features four Asiatic lions standing back to back, symbolizing power, courage, confidence, and pride, mounted on a circular base.
    • At the bottom is a horse and a bull, and at its center is a Dharma chakra.
    • The abacus is girded with a frieze of sculptures in high relief of The Lion of the North,
    • The Horse of the West, The Bull of the South, and The Elephant of the East, separated by intervening wheels, over a lotus in full bloom, exemplify the fountainhead of life and creative inspiration.
    • Carved from a single block of sandstone, the polished capital is crowned by the Wheel of the Law.

    Historical significance

    • One of the Buddha’s names is ‘Shakya Simha’, meaning ‘Lion of the Shakyas’.
    • The Buddha’s first sermon at Sarnath was known as the ‘Simhanada’ (Lion roar) of the Buddha.

     

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