Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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A Socio- Legal Impact of Sexual Consent of a Mentally, Physically and Emotionally Matured Minor Victim (A Multidisciplinary Study)
Get PDFThe issue of sexual consent by a minor who is mentally, physically, and emotionally mature presents a critical socio-legal dilemma in balancing child protection laws with individual autonomy. This multidisciplinary analysis explores the legal, psychological, and sociological dimensions of recognizing or denying the sexual consent of such adolescents, especially when they attain majority during ongoing trial proceedings. The study challenges the blanket classification of any sexual activity involving individuals under 18 as statutory rape under the Bharatiya Nyaya Sanhita, 2023, formerly the Indian Penal Code.
Legally, the paper analyzes case law where Indian courts grappled with consensual relationships among adolescents, particularly those aged 16–18, which were criminalized despite evidence of voluntary participation. It critiques the rigid age-based threshold of consent, advocating for an approach that considers mental and emotional maturity, retrospective consent, and intent of the complainant in assessing culpability.
Psychologically, the study draws on developmental psychology to argue that many adolescents over 16 have the cognitive and emotional ability to make informed decisions about their sexual autonomy. From a sociological perspective, the paper highlights how patriarchy, moral policing, caste-based ideologies, and honor cultures often influence the criminalization of such relationships, silencing the voices of young women by denying their agency.
The study concludes by recommending a re-evaluation of consent laws, moving beyond chronological age to include emotional maturity and situational voluntariness. It advocates for judicial discretion, trauma-informed adjudication, and child-sensitive legal reforms that both protect minors and acknowledge their evolving capacities
A Legal Framework on the Maintenance and Welfare of Parents and Senior Citizens in India: A Critical Study
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Housing Insecurity and Legal Advocacy for the Elderly in India
Get PDFIndia is going through a phase where a large portion of the population is moving towards old age. For years, in the tradition of Indian families taking care of the elderly was considered a natural responsibility, but as changes occurred in society migration towards cities increased, nuclear families replaced joint families, and the socio-economic structure transformed the sense of loneliness, neglect, and insecurity deepened in the lives of the elderly.
Today, many elderly people are not only emotionally alone but also fear whether they will be able to keep their own home or not, residential insecurity has emerged as a major challenge for them. In such a situation, it has become necessary that we understand this problem not only from a social or emotional perspective but also from a legal point of view.
This research paper is based on the interpretation and practical use of the "Maintenance and Welfare of Parents and Senior Citizens Act, 2007." It also highlights important judicial decisions given by the Supreme Court and the Delhi High Court to protect the dignity of the elderly, especially when they wish to protect their rights against their own heirs. But it is not just about laws. The real challenge is when an elderly person knocks on the door of a tribunal or court for their rights, how many procedural obstacles, delays, and mental exhaustion they have to face. This study also brings forth this practical reality.
The core objective of this article is not merely the demand for maintenance or care, but it emphasizes the need for a rights-based approach where the elderly are not just recipients of help, but are given respect, decision-making power, and legal protection.
In reality, this topic is not just a matter of policy or law, it is a test of a society\u27s sensitivity. And this is the dialogue that must not stop now
Feminist Threads in the Fabric of the Constitution of India
Get PDFIn this paper, the researcher deals with the idea of feminist Constitution in the context of Indian Constitution. This research paper dispenses the meaning of feminism, feminist Constitution, the contribution of women in the making of the Indian Constitution and the Articles of the Constitution which reflects the idea of the feminism. The sole objective of the paper is to highlight the beauty of the Constitution from the perspective of the feminist thoughts. The feminism is not only about equality to women. It has wide meant which includes social, economic and political equality to all genders without any discrimination. This concept was initially born to preserve the rights of the women and uphold the equality in the respective fields. But, concept in the contemporary world stated equality to all genders without any discrimination. It is the beauty of our constitution that although our Constitution was framed and enforced in earlier time but it is drafted with such conscious mind that it includes provisions that takes away discrimination and sustain the equality to all
A Comparative Study of Corporate Insolvency and Personal Bankruptcy: Legal Frameworks and Its Implications
Get PDFThis study conducts a comparative analysis of corporate insolvency and personal bankruptcy, exploring their distinct legal frameworks, processes, and socio-economic implications. Corporate insolvency, applicable to companies, primarily seeks to restructure or dissolve businesses while preserving stakeholder interests, including those of creditors, employees, and shareholders. Personal bankruptcy, on the other hand, addresses individual financial distress, offering relief through asset liquidation or repayment plans.The paper examines statutory regimes in jurisdictions such as the United States, the United Kingdom, and India, highlighting the procedural differences, stakeholder roles, and legal consequences of each system. For instance, corporate insolvency often involves professional administrators, tribunals, and complex resolutions, whereas personal bankruptcy focuses on debtor rehabilitation, with simpler, court-supervised proceedings.Through a comparative framework, the study underscores the broader socio-economic impacts, including employment disruptions, market instability, and personal stigma. It also identifies emerging trends, such as digital insolvency platforms and post-pandemic reforms, while advocating for measures like financial literacy programs, streamlined processes, and balanced asset protection.The findings aim to enhance the understanding of these legal mechanisms, offering insights for reforms that ensure fairness, efficiency, and accessibility while fostering economic resilience and individual dignity
Reforming Plastic Waste Management: A Legal Perspective on Extended Producer Responsibility and Circular Economy Policies
Get PDFEnvironment is what we all have and is what we all need to protect and preserve. The exponential growth of plastic waste is becoming a pressing environmental concern, necessitating a paradigm shift in waste management strategies. The usability and ready availability of plastic makes it impossible to eliminate it from our lifestyle but at the same time the problem of the waste accumulated over the years is of a growing concern. This paper examines the role of Extended Producer Responsibility (EPR) and Circular Economy (CE) policies in reforming plastic waste management from a legal perspective. Extended Producer Responsibility is a cornerstone of circular economic policies, it assigns manufacturers responsibility for the waste generated by their products. This approach has been increasingly adopted globally, with varying degrees of success. This paper analyzes the legal frameworks governing EPR, highlighting best practices and challenges. A critical examination of Circular economic policies reveals that they often lack a robust legal foundation, hindering effective implementation. A harmonized legal framework is essential for the success of plastic waste management system in an economy. The paper concludes on a note that legally robust policy framework is the need of the hour. It emphasizes the need for policymakers to adopt a holistic approach, incorporating product design, waste management, and education, to address the plastic waste crisis efficiently and effectively
Writs and Rights: A Comprehensive Study of Judicial Remedies in India
Get PDFThe Indian Constitution give High Courts the power to issue writs to authorities, directing them to take or avoid from taking activities that are needed by law and the Constitution. Even before independence, several Indian High Courts had some few writs jurisdiction; however, the true extent and berth of this power have only been fully pour by High Courts after the Indian Constitution, which guarantees basic rights, came into effect. All Indian courts are obligated to provide appellate and supervisory jurisdiction over district and subordinate courts within the territories they oversee. This means that high courts may have the most extensive caseload of any court level. Research has indicated that the maximum Due to a combination of a lack of human resources and an inadequate case load, High Courts in India frequently experience delays and backlogs in cases. The community of the court to judge whether legislative acts are constitutional is called as judicial review of legislative acts. Enabling judicial review of State security measures that result in an unauthorized deprivation of an individual\u27s liberty is the primary goal of writ of habeas corpus. Instead, then punishing any officials in charge of their incarceration, the purpose of the writ is to release the individual from unlawful cure. These are the writs that are explicitly mentioned in the Constitution tonight: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. All forms of the government apart from dictatorship must have a robust, impartial, and independent judiciary. The judiciary is essential to the interpretation and application of the law in any nation and resolving conflicts that arise between citizens as well as between citizens and the state. When a written constitution is in place, the courts also carry out the expensive duty of conserve the supremacy of the document by explain and distinguish its provisions and check that all authorities endure within it enclose
The Indispensable Role of Census: A Cornerstone for National Development and Governance
Get PDFCensus data are fundamental to governance and policy-making, providing critical demographic, social, and economic insights that enable governments to address the diverse needs of their populations effectively. By capturing details on population size, density, distribution, and key characteristics, censuses offer an empirical basis for designing targeted and inclusive policies and interventions.
The significance of census data spans various domains, including governance, socio-economic planning, and electoral processes. It facilitates evidence-based decision-making, equitable resource allocation, and the development of essential infrastructure. In socio-economic planning, census data help identify demographic trends, inform the planning of education and healthcare systems, and address inequalities, fostering sustainable and inclusive growth. Furthermore, in electoral processes, census data ensure fairness by guiding representation and constituency delimitation.
This study highlights the indispensable role of census data in shaping the socio-economic landscape of nations. By providing accurate, comprehensive, and timely insights, censuses empower policymakers to promote equity, efficiency, and sustainability, ensuring responsive and adaptive strategies for national development and good governance
Integrating Empirical and Doctrinal Research: A Comparative Analysis of Their Contributions to Legal Scholarship
Get PDFThis paper examines the integration of empirical and doctrinal research methodologies in legal scholarship, providing a comparative analysis of their respective contributions. Doctrinal research, traditionally focused on analyzing legal texts, principles, and case law, serves as the foundation for understanding the normative aspects of law, offering theoretical frameworks and legal interpretations. In contrast, empirical research, rooted in data-driven methodologies, evaluates the practical application of law, exploring how legal rules and systems function in real-world settings. While each approach offers unique insights, their integration can bridge the gap between legal theory and practice, fostering a more comprehensive understanding of the law’s impact and effectiveness. This paper explores the strengths and limitations of both approaches, identifies the challenges and opportunities of combining them, and demonstrates how their convergence can enhance the relevance and depth of legal scholarship. By combining normative analysis with empirical evidence, the integrated approach holds significant potential for legal reform, policy development, and the improvement of justice systems
Quest for Maintenance and Welfare of Parents and Senior Citizens: A Socio-Legal Perspective
Get PDFIn Indian cultural ethos, parents’ care and well-being have been children’s priority in the well-understood family system. With the fast-changing life pattern, it has become necessary to deliberate on providing care and protection to parents and senior citizens in contemporary society. When individuals fail in fulfilling their pious and legal obligations towards parents, then it is the state that steps in the way and provides maintenance and looks after the well-being of the senior citizens through a formal legal system. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 is the legislation that provides a legal mechanism for the maintenance and welfare of parents and senior citizens. This paper exhibits a debate on personal and public laws where certain pious, proprietary, and legal obligations of a son, grandson, and great-grandson, if not obeyed, then the public law enters the family affairs and provides due legal protection to parents and senior citizens. Further, in this paper, the authors attempt to analyse the legal provisions and judicial pronouncements on the maintenance and welfare of parents and senior citizens within family relations, failing which a formal legal mechanism as provided by the state in the said Act takes care of parents and senior citizens. At the end of the paper, the authors attempt to suggest suitable solutions to provide maintenance and welfare of parents and senior citizens, from the socio-legal perspective