GS PAPER II
Juvenile Justice (Care and Protection of Children) Amendment Bill 2021
Why in news
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021, which seeks to amend the Juvenile Justice Act, 2015, was passed in the Rajya Sabha.
Key Points
- The bill was introduced in the Parliament by the Government in the Budget session of 2021. It was passed in Lok Sabha on 24th March 2021.
Key features of Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021
- Adoption:
- Under the Act, once prospective adoptive parents accept a child, an adoption agency files an application in a civil court to obtain the adoption order.
- The adoption order issued by the court establishes that the child belongs to the adoptive parents.
- The Bill provides that instead of the court, the district magistrate (including additional district magistrate) will perform these duties and issue all such orders.
- Appeals:
- The Bill provides that any person aggrieved by an adoption order passed by the district magistrate may file an appeal before the Divisional Commissioner, within 30 days of such order. Such appeals should be disposed within four weeks from the date of filing of the appeal.
- Serious offences:
- The Act provides that the Juvenile Justice Board will inquire about a child who is accused of a serious offence.
- Serious offences are those for which the punishment is imprisonment between three to seven years.
- The Bill adds that serious offences will also include offences for which maximum punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is less than seven years.
- Designated Court:
- The Act provides that offences against children that are punishable with imprisonment of more than seven years will be tried in the Children’s Court (equivalent to a Sessions Court). Other offences (punishable with imprisonment of less than seven years) will be tried by a Judicial Magistrate.
- The Bill amends this to provide that all offences under the Act will be tried in the Children’s Court.
- Offences against children:
- The Act provides that an offence under the Act, which is punishable with imprisonment between three to seven years will be cognizable (where arrest is allowed without warrant) and non-bailable.
- The Bill provides that such offences will be non-cognizable and non-bailable.
- Child Welfare Committees (CWCs):
- The Act provides that states must constitute one or more CWCs for each district for dealing with children in need of care and protection.
- It provides certain criteria for the appointment of members to CWC.
- For instance, a member should be:
- involved in health, education, or welfare of children for at least seven years, or
- a practising professional with a degree in child psychology, psychiatry, law, or social work. The Bill adds certain criteria for a person to be ineligible to be a member of the CWC. These include: having any record of violation of human rights or child rights, or being a part of the management of a child care institution in a district.
Juvenile Justice (Care and Protection of Children) Act, 2015
- The Juvenile Justice (Care and Protection of Children) Act was introduced and passed in Parliament in 2015 to replace the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children Act) 2000.
- Main provisions of the Act were allowing the trial of juveniles in conflict with law in the age group of 16-18 years as adults, in cases where the crimes were to be determined. The nature of the crime, and whether the juvenile should be tried as a minor or a child, was to be determined by a Juvenile Justice Board.
- The second major provision was with regards to adoption, bringing a more universally acceptable adoption law instead of the Hindu Adoptions and Maintenance Act (1956) and Guardians of the ward Act (1890) which was for Muslims, although the Act did not replace these laws.
- The Act streamlined adoption procedures for orphans, abandoned and surrendered children and the existing Central Adoption Resource Authority (CARA) has been given the status of a statutory body to enable it to perform its function more effectively.
GS PAPER II
Privileges to MLAs and MPs
Why in News
Recently, the Supreme Court held that lawmakers cannot indulge in criminal acts on the Parliament or Assembly floors and then take cover behind the right to free speech.
Key Points
- According to the Supreme Court, “Acts of vandalism do not serve public function or come under freedom of speech”.
- Acts of vandalism cannot be said to be manifestations of freedom of speech and be termed as ‘proceedings’ of the Assembly.
- It was not the intention of the drafters of the Constitution to extend the interpretation of ‘freedom of speech’ to include criminal acts by placing them under a veil of protest.
- The apex court said acts of destruction of public property cannot be equated with either the freedom of speech of the legislator or with forms of protest legitimately available to the members of opposition.
- Privileges and immunities are not gateway to claim exemption from the general law of the land, particularly as in this case the criminal law which governs the action of every citizen.
Background
- The state assembly had witnessed unprecedented scenes on March 13, 2015 as members, then in opposition, tried to prevent the then finance minister who was facing allegations in the bar bribery scam, from presenting the state budget.
- The counsel appearing for the state government had argued that the incident happened in 2015 when there were allegations of corruption against the state government and finance minister was about to table the budget in the house.
Constitutional provision related to the privileges of the MLAs and MPs
- Article 105 and Article 194 of the Indian Constitution grant privileges or advantages to the members of the parliament so that they can perform their duties or can function properly without any hindrances.
- Such privileges are granted as they are needed for democratic functioning. These powers, privileges and immunities should be defined by the law from time-to-time. These privileges are considered as special provisions and have an overriding effect in conflict.
- Article 105 powers, privileges, etc of the Houses of Parliament and of the members and committees thereof:
- Subject to the provisions of this constitution and the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
- No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
- In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined shall be those of that House and of its members and committees immediately before the coming into force of Section 15 of the Constitution (Forty fourth Amendment) Act 1978.
- The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.
- Similarly, Article 194 of the Indian Constitution deals with the powers, privileges, etc, of the House of Legislatures and of the members and committees.
GS PAPER III
Chandrayaan-3
Why in News
According to the Ministry of Science & Technology; Ministry of State Earth Sciences and Ministry of State PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Mission Chandrayaan-3 is likely to be launched during third quarter of 2022 assuming normal work flow henceforth.
Key Points
- The realization of Chandrayaan-3 involves various process including finalization of configuration, subsystems realization, integration, spacecraft level detailed testing and a number of special tests to evaluate the system performance on earth. But it was hampered due to COVID-19 pandemic.
- Chandrayaan-3 realization resumed after commencement of unlocks period and is in matured stage of realization.
- According to the ISRO, the first uncrewed mission planned for December as part of the human space flight programme Gaganyaan would be delayed because of Covid-19, which had caused a disruption in the delivery of key components.
Mission Chandrayaan
- Chandrayaan is the series of Indian lunar space probes.
- Chandrayaan-1:
- Chandrayaan-1 was the first lunar space probe of the Indian Space Research Organisation (ISRO) and found water on the Moon was operated in 2008–09.
- It mapped the Moon in infrared, visible and X-ray light from lunar orbit and used reflected radiation to prospect for various elements, minerals, and ice.
- Chandrayaan-2:
- It was launched in 2019 and designed to be ISRO’s first lunar lander.
- The objective of Chandrayaan-2 was to build on the data collected during the Chandrayaan-1 mission using improved instruments.
- Science goals include mapping the Moon’s topography, investigating surface mineralogy and elemental abundances, studying the lunar exosphere, and looking for signatures of hydroxyl and water ice.
- The lander was named Vikram, after Vikram Sarabhai, the founder of India’s space program. It would have landed near the Moon’s south pole, at a latitude of about 70° south.
- Chandrayaan-3:
- Chandrayaan-3 was planned to demonstrate India’s capability of soft landing on a celestial body, with the rover then communicating with Earth via the existing orbiter from Chandrayaan-2.
- The orbiter has an estimated lifespan of seven years. The third mission was of Chandrayaan announced months after the Vikram lander aboard Chandrayaan-2 crash-landed on the lunar surface just 2.1 km from its destination in September 2019.
- It was originally scheduled for late 2020 or early 2021, but due to the pandemic it is postponed disruption caused by the pandemic affected the schedule.
- Chandrayaan-3 realisation resumed after commencement of unlocks period and is in matured stage of realisation.
GS PAPER III
Reserve Bank of India’s Digital Payments Index (RBI-DPI)
Why in News
The Reserve Bank of India (RBI) March digital payments index (DPI) rose to 270.59 as against 207.84 for March 2020 indicating significant growth in digital transactions.
Key Points
- The index for September stood at 217.74. The RBI announced the construction of a composite Reserve Bank of India – Digital Payments Index (RBI-DPI) with March 2018 as base to capture the extent of digitisation of payments across the country.
- The RBI-DPI index has demonstrated significant growth in the index representing the rapid adoption and deepening of digital payments across the country in recent years.
- Throughout 2020-21 (FY21), digital transactions maintained a steady growth momentum.
- Further, digital retail payments like the Unified Payments Interface (UPI), Immediate Payment Service (IMPS), National Automated Clearing House, Bharat Bill Payments System, and National Electronic Toll Collection (NETC) exhibited resilience and demonstrated healthy growth.
Digital Payments Index (DPI)
- The RBI-DPI comprises five broad parameters that enable the measurement of deepening and penetration of digital payments in the country over different time periods.
- These parameters are Payment Enablers, Payment Infrastructure (Demand-side factors, Payment Infrastructure) Supply-side factors, Payment Performance and Consumer Centricity.
- Each of these parameters has sub-parameters which, in turn, consist of various measurable indicators.
- Payment enablers such as bank accounts, Aadhaar, mobile, internet, among others constitute 25 per cent of the overall index.
- The digital payments index is also a measure of calculating the growth of the country’s cashless economy for the government.
GS PAPER III
Academic Bank of Credit
Why in News
On the first anniversary of the National Education Policy (NEP), the Centre plans to officially roll out some initiatives of the policy.
Key Points
- Such as a credit transfer system that will allow multiple entry and exit options in higher education, as well as engineering programmes in regional languages.
- However, other reforms such as the Higher Education Commission of India (HECI), the four-year undergraduate degree, and the common university entrance test, are not ready yet.
- The Academic Bank of Credit will be rolled out for students in over 290 top institutions from the current academic year 202122 onwards.
- All institutions in the top 100 of the National Institutional Ranking Framework as well as those who have achieved an A grade under the National Assessment and Accreditation Council will be allowed to participate in the credit transfer system, which will also allow multiple entry and exit options for students.
Academic Bank of Credit
- An Academic Bank of Credit is a virtual storehouse for academic credits earned from different HEIs so that these can be transferred and counted towards final degree earned.
- It will enable students to select the best courses or combination of courses to suit their aptitude and to tailor their degrees or make specific modifications.
- Academic Bank of Credits is an academic service mechanism as a digital or virtual or online entity established by the Commission with the approval of the Central government, to facilitate students to become its academic account holders, thereby paving the way for seamless student mobility between or within degree-granting higher educational institutions through a formal system of credit recognition, credit accumulation, credit transfers and credit redemption to promote distributed and flexible teaching-learning.
- It will be a bank for academic purposes, as of commercial banks for financial purposes, with students as academic account holders to whom it shall provide a variety of services including credit verification, credit accumulation, credit transfer or redemption and authentication of academic awards.
- The task of monitoring the development and operationalisation of the Academic Bank of Credits programme at the university level and at the level of their affiliated autonomous colleges will give to registered higher education institutions.
- UGC will ensure that students secured the minimum credits to be secured in the core subject area.