Guardianship Act, 1956 primarily deals with the issue of guardianship to a minor child. The expression ‘minor’ includes a person who has not completed the age of eighteen years. The Act is applicable only to the persons who are Hindu by religion. Section 6 of the act provides that the father shall be the guardian of minor child and after him mother shall be the guardian. Even under Muslim Law, father has preferred right over child. The proviso thus, discriminates between the father and mother. Review of
acts prohibited by penal law, and criminal as persons who commit such acts. Considering crime philosophically, the fundamental issues is whether to define crime naturally by the laws of god, or positively by the laws of man. In essence, is crime god-made or man-made? In the course of western civilization, god’s law evolved into natural law. Crime became a breach of nature’s order, nature being the ideal state of affairs ordained by god. God’s connection with natural law became progressively attenuated
“The principles of natural justice are easy to proclaim but their precise extent is far less easy to define”. EVERSHED M R Introduction- The concept of due process was originated in English Common Law. The rule that the individuals shall not be deprived of his life, liberty, or property without notice and an opportunity to defend themselves predates written constitutions and was widely accepted in England. The Magna Carta, an agreement signed in 1215 that defined the rights of English subjects
Introduction Torture is any procedure that inflicts pain on a person, regardless of the circumstances and goals, regardless of whether the punishment ends with this procedure or if a person is deprived of life. Such a type of punishment was often used by civil servants to obtain information from defendants. This is especially true of America. The purpose of this work is to determine whether torture can be justified, whether they violate the human rights and standards of morality in a free American
perfect freedom as they are governed by the law of nature. One might wonder how significant is the law of nature (compared to the civil law) in regards to personal freedom. In my essay I will answer the question to what extent does natural law curb people’s personal liberty. I will argue that the law of nature is the main constraint on one’s personal
Whether the wildlife laws imposed are strong enough to fight poaching in Kenya? Kenya has in place a comprehensive legislative framework that criminalises not only wildlife poaching but also importing, exporting, dealing in, and transferring illegal animal trophies. Penalties for violations of the substantive laws and required legal procedures consist of fines, prison terms, and forfeiture of tools used in committing a crime, as well as the fruits of the crime themselves. While certain aspects of
procedures of the natural world where positivism dominates in the epistemological consideration. This method has a considerable influence onto social scientist, in promoting the status of survey research and the quantitative analysis (Atkinson and Hammersley,
As Natural Science is the branch of science which deals with the physical world instead of humans, such as physics, chemistry, biology and geology; accuracy and simplicity does fall into it. Natural Science is usually accurate because one who is studying in the field of natural science, would like to get close to the truth as close as possible. People who have faith in science and natural science more specifically, all try to be as accurate as
USA and UK Law of Crimes 2 Project Contents Introduction 3 Introduction The right to a fair trial is a norm of international human rights law and also adopted by many countries in their procedural law. It is designed to protect individuals from the unlawful and arbitrary curtailment or deprivation of their basic rights and freedoms, the most prominent of which are the right to life and liberty of the person. The concept of fair trial is based on the basic principles of natural justice. The
protects the rights of abducted children, that is the Hague Convention. There have been more child abductions from the United States to India than to any other country which is non signatory to the convention. One such example is of Sanjay Sardana, person of Indian descent, who took his three year old daughter to India with intent of obstructing parental rights of the child’s mother and was later convicted. With India being a non-signatory to the convention, the quick return of the child is hindered