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Mains 21-05-2024

Juvenile Justice Act

Why in news?

  • The Supreme Court has attempted to plug significant gaps in the Juvenile Justice (Care and Protection of Children) Act (JJA), 2015.

Background

  • The SC was dealing with an appeal in a criminal case involving charges of rape and wrongful confinement under the Indian Penal Code (IPC)and the Protection of Children from Sexual Offences Act (POCSO).
  • The case in question revolved around an appeal against the Children’s Court’s decision to treat the appellant as an adult rather than a “child in conflict with law” — a term used when a minor is accused of an offense.
    • A Session Courtdeals with ordinary criminal offenses, while a Children’s Court is a specialized court that deals with heinous offenses involving minors.

Juvenile Justice Act, 2015

  • It 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.
  • The Act seeks to achieve the objectives of the United Nations Convention on the Rights of Children as ratified by India on December 11, 1992.
  • It allows the trial of juveniles in conflict with the law in the age group of 16-18 yearsas adults, in cases where the crimes were to be determined.

Procedures for handling legal violations by minors

  • The JJA outlines procedures for handling legal violations by minors, managed by the Juvenile Justice Board (JJB), which also fulfills various socio-legal roles.
  • According to the JJA, a minor who encounters the criminal justice system due to an alleged offense is identified as a “child in conflict with law”.
    • In such cases, the case is presented before the JJB.
  • The JJB is endowed with the authority to adjudicate matters concerning minors, ensure they have access to legal representation, and oversee the conditions of juvenile residential establishments.
  • Should the board conclude that the minor should face trial as an adult, it will issue an order to that effect, which is subsequently forwarded to the Children’s Court for a final decision.

Supreme Court Judgement

  • The supreme court ruled that anappeal against the JJB order should be filed within 30 days and also made it mandatory for the board to mention details, such as reasons for adjourning the hearing in a case in its orders.
  • The court also addressed the interchangeable use of “Children’s Court” and “Court of Sessions”within the Act, noting the frequent absence of a clear appellate process.
    • If Children’s Court is available, even if the appeal is said to be maintainable before the Sessions Court, it has to be considered by the Children’s Court.
    • Whereas, where no Children’s Court is available, the power is to be exercised by the Sessions Court.
    • This ensures that minors have the opportunity to appeal decisions in situations where the alternate court was not previously specified.

 

India-Middle East EU Economic Corridor (IMEC) Project

Why in news?

  • With uncertainty gripping the ambitious India-Middle East EU Economic Corridor (IMEC) project due to the deepening of the West Asia crisis, India is examining the possibility of beginning work on the eastern leg of the corridor.
  • Background:The IMEC, a proposed 4,800 km long route was announced in 2023 on the sidelines of the G20 Summit.
    • This followed a meeting between the leaders of India, the US, the United Arab Emirates, Saudi Arabia, Italy, France, Germany, and the European Commission.
  • Members:India, European Union, France, Germany, Italy, Saudi Arabia, UAE and US announced the India-Middle East-Europe Economic Corridor (IMEC).
  • Aim: Integration of Asia, Europe and the Middle East.
  • The IMEC will comprise of two separate corridors:
    • The east corridor connecting India to the West Asia/Middle East and
    • The northern corridor connecting West Asia/Middle East to Europe.

 

Ports Which are Part of IMEC

  • India:Ports in Mundra (Gujarat), Kandla (Gujarat), and Jawaharlal Nehru Port Trust (Navi Mumbai).
  • Europe: Piraeus in Greece, Messina in Southern Italy, and Marseille in France.
  • Middle East:Ports include Fujairah, Jebel Ali, and Abu Dhabi in the UAE, as well as Dammam and Ras Al Khair ports in Saudi Arabia.
  • Israel:Haifa port.
  • Railway Line:The railway line will link Fujairah port in the UAE to Haifa port in Israel, passing through Saudi Arabia (Ghuwaifat and Haradh) and Jordan.

Significance 

  • Economic Development:By linking Asia, West Asia, the Middle East and Europe through enhanced connectivity and economic integration, the corridor aims to give a boost to economic development in the regions.
  • Connectivity:The corridor will include a rail line, which, upon completion, will provide a reliable and cost-effective cross-border ship-to-rail transit network.
    • The rail line will supplement the existing multi-modal transport routes enhancing trans-shipment of goods and services from South East Asia through India to West Asia/Middle East and Europe.
  • Eco-friendly Infrastructure:It places emphasis on developing environmentally friendly infrastructure.
  • Transformative Integration:It intends to increase efficiency, reduce costs, secure regional supply chains, increase trade accessibility, enhance economic cooperation, generate jobs and lower greenhouse gas emission, resulting in a transformative integration of Asia, Europe and the Middle East (West Asia).

Concerns

  • Gaza War:Long-term trend towards greater trade and strategic links between Israel and Arab nations that was championed by the Abraham Accords will suffer a blow due to the Gaza war.
    • Connecting Al Haditha in Saudi to Haifa in Israel is at the core of IMEC but it is going to be challenging now.
  • The security challengesin the region have made other partners reluctant to invest in the project.
    • The instability in the Middle East has given a fatal blow to the project which aimed to radically quicken trade, reduce port costs and aid India’s National Logistics Policy.
    • The delay in the project could negatively impact the aspirations of India to deepen ties with Arabian Peninsula and Europe.

Way Forward

  • The geopolitical concerns need to be managed by striking a delicate balance in accommodating the geopolitical interests of the participating nations and addressing potential political sensitivities.
  • There is also a need to maintain the required security apparatus as the project passes through certain unstable regions of the world.