This issue contains five papers. The first paper, “What Is the Hallmark of Justice—
Truth or Law?”, by Mohan Rao B, analyzes the recent judgment of the Apex
Court in upholding the credibility of scientific evidence. The author suggests that the Apex Court must have invoked the purposive rule of interpretation so as to render protective justice to the deserving and vulnerable persons such as an innocent girl child who should be protected by all means, rather than going by a proof based on modern scientific advancement.
In the second paper, “Sexual Violence Against Women in India: The Legal Safeguards”, the author, B Vijayalaxmi, focuses on the issue of sexual violence against women and highlights the legal safeguards provided in the constitution and related mechanisms on the one hand, and the situational reality of the status of women in India, on the other hand. The author seeks to suggest some recommendations for improving women’s access to justice and for ensuring their human rights. The author indicates that a major attitudinal change in society is required to modify the traditional customs and values of the society so that the women are given equal rights and respect.
Aneesh V Pillai, in the third paper, “The Role of Indian Judiciary in Upholding Gender Justice Through Protective Discrimination: An Appraisal”, discusses the keenness of judiciary in exercising its review power in constitutional interpretations with regard to protective discrimination to ensure gender justice in the country. The author in his analysis seeks to highlight the proactive role played by the Indian judiciary in ensuring gender justice through protective discrimination.
The fourth paper, “Child Emotional Abuse: Causes, Effects and Remedies”, by Anubha Srivastava and Sunitha Abhay Jain, analyzes the concept of child emotional abuse and various types of emotional abuse in relation to children. The authors seek to provide information as to the causes, effects and identification of child emotional abuse. The authors also suggest certain solutions to deal with child emotional abuse. The paper calls for a proper framework of legislation to be put in place to deal with child emotional abuse.
The last paper, “Rethinking the Limits of State Action Concept in India in the Light of Globalization: Lessons from the US”, by Sanu Rani Paul and M Suresh Benjamin, observes that the interpretative and instrumental assumptions underlying constitutional adjudication of Article 12 of the Constitution of India is a hindrance in the way of a humanistic interpretation of constitutional norms for protecting basic human rights. The authors attempt to argue that private bodies cannot absolve themselves of the welfare obligations which are otherwise the responsibility of the State. An attempt is made by the authors to understand the judicial developments in this regard so as to reach the most precise conclusion as to the scope of State under Article 12 in the changed social, economic and political conditions in India. The authors make an effort to compare the situation with that of the United States wherein the State Action depends on a more realistic and flexible criterion on the basis of case-to-case analysis.
-- V Hemalatha Devi
Consulting Editor
