LIJDLR

Legal Reform

CHILD SEXUAL ABUSE LAWS IN INDIA: JUDICIAL IMPACT AND EVOLVING JURISPRUDENCE

Volume III Issue III /

CHILD SEXUAL ABUSE LAWS IN INDIA: JUDICIAL IMPACT AND EVOLVING JURISPRUDENCE Shraddha Tiwari, Ph.D. Research Scholar (LAW), ITM University, Naya Raipur, C.G (India) Dr. Sona B. Kumar, Ph.D. Supervisor, Associate Professor, ITM University, Naya Raipur, C.G (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.113 Child sexual abuse (CSA) remains a grave socio-legal issue in India, demanding urgent and sustained intervention at multiple levels. The enactment of the “Protection of Children from Sexual Offences Act, 2012” (POCSO) marked a significant legislative advancement in establishing a specialized and victim-centric legal regime. However, the real test of the law lies in its judicial interpretation and practical enforcement. This paper critically examines the evolving jurisprudence under POCSO and assesses the role of Indian courts in shaping the statutory framework through purposive interpretation, institutional guidelines, and procedural reforms. By analyzing key judicial pronouncements, including controversial cases like Satish v. State of Maharashtra, the study explores how courts have contributed to both the protection and the unintended criminalization of adolescents. The research further delves into legislative amendments, procedural innovations such as the 2020 POCSO Rules, and policy interventions aimed at strengthening the child protection ecosystem. Drawing upon comparative legal frameworks and international child rights standards, the paper offers a comprehensive review of existing gaps and proposes forward-looking reforms such as the introduction of a close-in-age exemption, investment in child-friendly judicial infrastructure, and preventive education. This study adopts a doctrinal and analytical approach, supported by statutory interpretation, judicial precedents, and global best practices, to highlight the judiciary’s pivotal role in balancing legal protection with the child’s best interests in India’s CSA legal framework.

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EVOLVING DIMENSIONS OF PROPERTY DISTRIBUTION UNDER HINDU LAW: BALANCING TRADITIONAL NORMS, JUDICIAL INNOVATIONS, AND CONTEMPORARY CHALLENGES

Volume III Issue I /

EVOLVING DIMENSIONS OF PROPERTY DISTRIBUTION UNDER HINDU LAW: BALANCING TRADITIONAL NORMS, JUDICIAL INNOVATIONS, AND CONTEMPORARY CHALLENGES Ronak Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Sheeba Khalid, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.26 This research paper examines the evolving dimensions of property distribution under Hindu law through the lens of traditional norms, judicial innovations, and contemporary challenges. The study traces the historical trajectory from ancient dharmasastric principles to modern statutory frameworks, highlighting the transformative impact of the Hindu Succession Act of 1956 and its subsequent amendments. It analyzes landmark judicial pronouncements that have expanded women’s property rights beyond explicit statutory language, particularly focusing on daughters’ coparcenary rights evolution culminating in the watershed judgment of Vineeta Sharma v. Rakesh Sharma. The research provides comparative insights from global jurisdictions, identifying convergent patterns toward gender equality despite distinct cultural contexts. Critical analysis of the existing legal framework reveals persistent gaps between statutory ideals and practical realities, including gendered succession anomalies, inadequate implementation mechanisms, and the absence of matrimonial property rights. The paper concludes by offering recommendations for reform, emphasizing the need for gender-neutral succession patterns, strengthened implementation mechanisms, recognition of matrimonial property rights, and explicit property protection for alternative family structures. This research contributes to the ongoing discourse on balancing tradition with constitutional equality principles in the dynamic field of Hindu property law. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 614-649. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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