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Aditya Agarwal· 2024

Explain and analyze how this issue transforms the Indian legal framework regarding rights and welfare of childrenGS2GS2

Right of minor to liberty and opportunities enhanced. Punishes the cases of teen pregnancy, child marriage - ensuring women empowerment. Provides opportunity for education and self development by prohibiting any conduct that affects mental health.

Open scan (p.46)

Main Body

It has transformed the Indian legal framework in the following ways: i) Rights and welfare of children put at the forefront ii) Recognises the rights of minor against sexual acts. iii) Minimum age of consent for consensual adults defined. iv) The minor-adult criteria utilised to solve other legal cases to determine the acts of accused.

However, some lacunae in the act exists: i) Punishes consenting sex among person of same age minor age. ii) Fast track courts set up under the act sometimes delay the punishment. iii) Punishment to husband of minor leads to other issues. iv) Low focus on rehabilitation and reformation. Most of the sexual harassment cases are not reported due to proximity of relation of perpetrator and the victim. A justice system which encourages reporting, strict, and efficient is needed to implement the Act in letter and spirit. Definition of minor must be made uniform to better implement it.

— Aditya Agarwal

152 words1 paragraphs
  • Identifies key areas transformed by legal provisions
  • Connects multiple legal protections (consent age, minor-adult criteria)
  • Shows practical application of law
  • Identifies specific lacunae in legal framework
  • Recognizes reporting gaps due to social factors
  • Proposes reforms needed
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Topper

Aditya Agarwal

2024

Subject & Paper

GS2GS2

Topic

Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Significant Provisions of the Indian Constitution

Rights and Welfare of Children

Writing Stats

152

Total words

1

Paragraphs

Linked PYQ

With multipronged strategy of the Central and State Governments specially in the last few years, the naxalite problem has been resolved to a large extent in the affected states of the country. However, there are a few pockets in certain states where naxalite problem still persists, mainly due to involvement of foreign countries. Rohit is posted as SP (Special Operations) for the last one year, in one of the districts which is still affected by the naxalite problem. The district administration has taken a lot of developmental works in the recent past in the naxalite affected areas to win the hearts and minds of the people. Over a period of time, Rohit has established an excellent intelligence network to get the real time information regarding the movement of naxalite cadre. To instill confidence in the public and have moral ascendancy over the naxalites, a number of cordons and search operations are being conducted by the police. Rohit, who himself was leading one of the contingents got a message though his intelligence source that about ten hard core naxalites were hiding in a particular village with sophisticated weapons. Without wasting any time, Rohit reached the target village with his team and laid out a foolproof cordon and started carrying out a systematic search. During the search, his team managed to overpower all the naxalites along with their automatic weapons. However, in the meantime, more than five hundred tribal women surrounded the village and started marching towards the target house. They were shouting and demanding the immediate release of insurgents since they are their protectors and saviours. The situation on the ground was becoming very critical as the tribal women were extremely agitated and aggressive. Rohit tried to contact his superior officer, IG (Special Operations) of the state on the radio set and on mobile phone, but failed to do so due to poor connectivity Rohit was in great dilemma since out of the naxalites apprehended, two were not only hard core top insurgents with prize money of & ten lakhs on their heads, but were also involved in a recent ambush on the security forces. However, if he did not release the naxalites, the situation could get out of control since the tribal women were aggressively charging towards them. In that case, to control the situation Rohit might have to resort to firing which may lead to valuable loss of lives _of civilians and would further complicate the situation. (a)What are the options available with Rohit to cope with the situation? (b)What are the ethical dilemmas being faced by Rohit ? (c)Which of the options, do you think, would be more appropriate for Rohit to adopt and why? (d)In the present situation, what are the extra precautionary measures to be taken by the police in dealing with women protesters?

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