Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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A Critical Study On Raising The Marriageable Age For Girls Up To 21 Years
Get PDFIn many traditional societies, there is a certain law that gives a gateway to the marriage of girls and boys legally. The main object of this Research Paper is to provide why women’s marriageable age has to be increased. Many data have been given with reason but still, the major proportion of women’s marriages is still taking place who are below the 18 years. Also, this paper describes the unfavorable health issues to young mothers and to their newly born children due to the early age of marriage which include undernourishment and high mortality rates. In this paper, it has also been highlighted the complicated issues of marriage age, educational attainment, and low social status of women, and all of these can lead to major health impacts on young women. In this the empirical research methodology has been used since the data has been collected through experiences or observations. I have conducted broader research through Google by searching the legislation. We also searched some papers by using keywords like early marriages, child marriage etc
Child Sexual Abuse in India under POCSO Act, 2012: A Critical Analysis
Get PDFWhen an adult or a more mature child or adolescent engages in sexual behaviour with a youngster, this is considered sexual abuse. On the other hand, the POCSO Act defines a "child" as anyone under the age of 18. Abuse of a kid can be defined as any action or inaction that causes injury to, or places a child at danger of harm from, another person. Abuse of children can take many forms, including sexual, emotional, and physical. Failure to meet a child\u27s basic requirements constitutes neglect, another kind of maltreatment. Children who have been abused typically experience more severe emotional harm than physical harm. Depression is a common symptom of child maltreatment. It\u27s possible he or she will retreat, entertain suicidal thoughts, or snap. A child who has reached adulthood may experiment with drugs or alcohol, attempt to run away, or abuse others. Abuse of children is a terrible issue. Call the authorities or your state\u27s child welfare department if you have any reason to believe a child is being mistreated or neglected. The prevention of child sexual abuse is the focus of this paper, as are recent amendments to the POCSO Act and related provisions
Human Rights Violations In Jammu And Kashmir And Post Abrogation of Article 370
Get PDFKashmir has been a peaceful locus to live in ancient times. Every individual was living peacefully with one another and there was a religious diversity. All religious communities were living in peaceful ways with cultural unity and prosperity. However circumstances changed after the liberation of India. Some historical decisions changed whole scenario and status quo of Kashmir which resulted in humongous deployment of Indian troops in Kashmir, birth of terrorism and widespread gross human rights violations. The state of Jammu and Kashmir remains a constant headache for both India and Pakistan. Lack of constant efforts in resolving political differences and snatching the basic human rights had led the people of Kashmir in segregation, fear and uncertainty. Hence, in this research study I shall be highlighting atrocities, misuse of authority, onerous and brutal laws, post 1987 political turmoil, insurgency after 90s, exodus of Kashmiri Pundits, gross human rights infringement, post article 370 abrogation and old historical errors done by government of India. I shall be highlighting the real injustice done to people of Kashmir, failure of the judiciary to protect the fundamental rights of its people, widespread abuse of power and violation of international and territorial law. In this research study, documented and archival methods, field works, perceptions of inhabitant victims of my valley especially residents of my place, personal and collective experiences of conflict regions and qualitative methods of research
Meninism and Preconceived Ideology with specific Indian Dimension of Human Rights in Today’s Changing Globalized Scenario: A Critical Appraisal
Get PDFMen and Women both are an integral part of nature and integrant with each and another for wholeness to ensure the existence and survival of this human life in contrary time also for revitalization and revival in this mortal world. When time is changed then human conduct also changes consequently some women are abusing the law against men resultantly human rights of men are being violated very seriously in the gravest manner which is the contravention of life, personal liberty and security of men. The deprivation and endanger of life, personal liberty and security of men is in very plight conditions under exceptions in India. To prevent the abuses of law, preconceived ideology, predefined consequences against men in the protection of human rights to secure ends of justice for men is now need of hour and necessity. This research paper deals with human rights of men in today’s changing scenario. It has specially been emphasized on the preconceived ideology of people against men on this basis the discrimination and decision are taken prejudicially. Some laws also are in existence due to this preconceived ideology which is not justified in today’s changing globalized world under rule of law and democratic society, subjecting to exceptions. This preconceived ideology and its predefined consequences against men are inconsistent with and in derogation of human rights, abridging and taking away the rights of men. It reveals the Quantum of doctrine of protective discrimination for women against men, bearing in mind the principle of reasonable classification. When any person says or justifies that the particular thing is right or wrong, the same is stated on the basis of foundation root or quantum of knowledge of that person thereby the person has the understanding and sensibility accordingly and consequently, the person acts. But this research article does not include misogyny. It is not against the feminism. The history gives the evidences about the untold sorrow of women for the contravention of their human rights. This research article also is in favour of women empowerment and women human rights but no innocent men be sentenced. Everyone has inherent human rights by birth including human rights of men. Human rights for men are also available as per laws in today’s changing globalized world. 
Right To Education And Right To Study The Subject Of Choice
Get PDFEducation has remained to be a contentious subject right through the years after independence, in historical India, it’s been said that one chose his “varn” on the basis of the field he mastered, even after 70 years we have not reached the stage, where we can allow a child to choose any subject of his or her choice and to continue the said education throughout, this paper makes an attempt to understand the contours of Right to education from the perspective of a child’s choice of subject
An Analytical Study of Juvenile Delinquency in India with Reference to 2021
Get PDFTeenagers are the valuable heritage of any nation and its golden future, but adolescence is the only stage when this future of the country needs to be handled the most. Adolescence is a stage of sensitivity, passion, excitement, struggle, labor, learning, personality change. This age is the most important factor which decides the personality of the individual and from this personality the condition of nation-building or destruction is created. For the last many decades, adolescent is on the path of delinquency. The facts are shocking if the NCRB reports are studied. Crimes committed by juveniles are increasing. Their involvement is increasing in crimes like murder, robbery, dacoity, theft, rebellion, kidnapping, which is a matter of crisis. Concerned about this, India adopted the Convention on the Rights of Children adopted by the United Nations Assembly on 11 December 1992 and, showing its activeness, enacted the Juvenile Justice and Protection of Children Act 2000 so that Work can be done for the improvement of delinquent juveniles, their protection and rehabilitation
Interpretation and Application of the Basic Structure Doctrine
Get PDFIt is universally known by sociologists that the formation and existence of a civilization is dependent on the adherence to a set of established and accepted norms and guidelines which guide not only human conduct but also human interaction. With the evolution of time a written constitution became necessary with all the laws around which the state is to be guided around penned down in a definite manner by the constituent assembly years back. But with the evolution of time the constitution also needs to be changed according to the new aspiration and goals of the society. Therefore, the power to amend the Constitution of India is vested in Parliament to amend, alter, add or change any part of the Constitution to help it keep pace with the pace of a changing society. Though this power of amending the Constitution is entrusted with the Parliament which consists of the representatives of the people it transgresses it power and alters parts of the constitution which would deface the true identity of the Constitution. In order to prevent this misuse of power the Judiciary is entrusted with the power of Judicial Review whereby it has the power to adjudicate upon the constitutional validity of all laws which are to be enforced on the Union. If in any case the Parliament violates any provision of the Constitution, it can be deemed to be ultra vires and therefore invalid. Though this power was being misused by the Parliament in a great deal in later part of the 20th century, which the Supreme Court tried to put a brake on this legislative and executive overreach by evolving the Basic Structure Doctrine in the case of Keshavananda Bharti in 1973. Which empowered to the Parliament to amend any part of the Constitution under article 368, except those features which form a part of this doctrine. This paper seeks to delve deeper into this silent Doctrine and how it was formed by the judiciary by way of its judicial journey to its formation, followed by what it is and what constitutes as a part of this doctrine from interpretating various case laws as there is no exhaustive list codifying the essential features of this Doctrine. Further defining the test which would help in defining the principles of this Doctrine followed by its application in the various cases post its evolution. Lastly analysing how this doctrine is to be interprete
Legal Education Is An Effective Tool To Stop Crime From The Society: An Analytical Study
Get PDFLaws are important to society because they serve as a code of conduct for citizens. Legal education provides law students with general and cultural education and serves society generously by making them law-abiding and good citizens. Such legal education instills in students the importance and relevance of democratic culture. Law, legal education, and development have become interrelated issues in modern emerging economies that are evolving into welfare states and seeking sustainable means to improve the socioeconomic status of their people. I\u27m here. The same is true in our country. With the help of this research article, I want to know whether legal education is the capacity to stop crime from society or not. People say that Legal education is an effective tool to remove crime from society
Critical Study Of Psychology Of Human Society Towards Rape Victim
Get PDFRape is the most heinous crime against women. In recent times rape is increasing day by day and many new amendments in laws are introduced by the legislature. This paper is a study of how society behaves toward rape victims? Rape is the only crime where the victim becomes accused. How Indian society treats men and women differently and still man dominance society exists in India. From the birth of the child, people start to teach their children girls and boys are not equal. Girls are not weak their physical strength does not make anyone weak or strong but people make girls mentally weak and boys strong and give dominance to boys and these things led to crime against women. The people who work for the public or who are sitting in higher positions or the ministers of India gave statements about the rape and shows their mentality about women. The rape victim faces many problems and criticism even though she is not at fault and many girls who are a victim of sexual offenses never report it due to fear of society and lack of support
Computer Forensic-A New Branch Of Forensic Science And Cyber Crime
Get PDFComputer forensic is also known as digital forensic. The computer forensic examiner or expert works with other law enforcement agencies make a unit. As the information technology increases its resources for the advancement of society, digital crimes or cyber-crimes are also increases at very rapid speed simultaneously. This is a very great loss of our technological privileges. To curb cyber-crime there is need of an anti-cyber-crime professionals or examiners, experts and other law enforcement officials they assist to each other in investigation of cyber-crime. Section 79 A of The Information Technology Act 2000, provides provisions for examiner of electronic records and gives power to Central Government to appoint any department, body or agency of Central or State Government as an examiner of Electronic Evidence. Now days, there is a great need of computer forensic examiner or expert to mitigate or diminish cyber-crimes. Generally a case of cyber-crime cannot be resolved to some extent, without the assistance of computer expert or forensic examiner or expert. Several crimes like child pornography and forgery or fraud in online transaction are required forensic examination of evidence.