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Juvenile Justice System in India

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Juvenile Justice System in India


The state guarantees special treatment to them through statutory law. However, in practice, they often get victimized by legal and procedural entanglements


The emergence of the concept of juvenile justice in India owes much to the developments that have taken place in western countries, especially in the perception of children and human rights jurisprudence in Europe and America. The Apprentices Act, 1850 was the first legislation that laid the foundation of juvenile justice system in the country. The concept consequently gained momentum with the enactment of the Indian Penal Code (1860), Reformatory Schools Act (1897), Code of Criminal Procedure (1898) and recommendations made by the Indian Jail Committee (1919-1920), which categorically mentioned that the child offender should be treated differently from an adult offender. It also held that imprisonment of child offenders should be prohibited and recommended for provision of reformatory schools and constitution of children’s courts with procedures ‘as informal and elastic as possible’. The Committee also drew attention to the desirability of making provisions and special enactment for children who had not committed crime so far, but could do so in the near future on account of living in criminal or inhuman surroundings or those without proper guardians or homes.
The Madras Children Act 1920 was the first Children Act to be enacted, closely followed by Bengal and Bombay in 1922 and 1924, respectively. Later, many more states enacted their own Children Acts, covering within their sphere two categories of children, viz., (i) delinquent children, and (ii) destitute and neglected children. Both these categories of children were to be handled by the juvenile courts. They were to be kept in remand homes and certified schools or released on probation, with a possibility of imprisonment when the nature of offence was serious and the character of the offender so depraved as to justify imprisonment (Ved Kumari: 2004). During this period, by and large, the “welfare” approach was adopted for children – whether delinquent, destitute or neglected.

Reducing GHG Emissions : The Kyoto Mechanisms

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Reducing GHG Emissions : The Kyoto Mechanisms
The Kyoto Protocol has put in place three flexibility mechanisms to reduce emission of Green House Gases. Although the Protocol places maximum responsibility of reducing emissions on the developed countries by committing them to specific emission targets, the three mechanisms are based on the premise that reduction of emissions in any part of the globe will have the same desired effect on the atmosphere, and also that some developed countries might find it easier and more cost effective to support emissions reductions in other developed or developing countries rather than at home. These mechanisms thus provide flexibility to the Annexure I countries, helping them to meet their emission reduction obligations. Let us take a look at what these mechanisms are.

What are the three flexibility mechanisms put in place by the Kyoto Protocol for reducing GHG emissions ?

The three mechanisms are Joint Implementation, Emissions Trading and Clean Development Mechanism.

What is Joint Implementation?

Through the Joint Implementation, any Annex I country can invest in emission reduction projects (referred to as "Joint Implementation Projects") in any other Annex I country as an alternative to reducing emissions domestically. Two early examples are change from a wet to a dry process at a Ukraine cement works, reducing energy consumption by 53 percent by 2008-2012; and rehabilitation of a Bulgarian hydropower project, with a 267,000 ton reduction of CO2 equivalent during 2008- 012.

What is Clean Development Mechanism ?

The Clean Development Mechanism (CDM) allows a developed country with an emission reduction or emission-limitation commitment under the Kyoto Protocol to implement an emission reduction project in developing countries as an alternative to more expensive emission reductions in their own countries. In exchange for the amount of reduction in emission thus achieved, the investing country
gets Carbon Credits which it can offset against its Kyoto targets. The developing country gains a step towards sustainable development.

 

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