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The question that remains unanswered and keeps coming to the fore is ‘Are the punishment schemes for child sex and sexual abuse deterrent in nature? Amidst ongoing debates in most countries about capital punishment as human rights violation to be inflicted in rarest of rare cases, and those who have abrogated capital punishment from their list of penalties, there is a need to transcend all national and international boundaries, and bring Child sexual abuse/rape within the ambit of international legislators, and law enforcement agencies, with a drive to pilot child rights of protection of his/her body much beyond the prevalent inefficacious laws, devoid of collective consensus of the people.
Henrietta Newton Martin Legal Consultant
Thus, though there is a psychological tendency of accepting the judge’s verdict and reasoning as expert reasoning and tinge of finality adorned to his discretely reasoned judgement, what cannot be forgotten is even judges are human with a fallibility in veins and to err is but human, hence placing complete dependence on judicial reasoning also would be a folly, but it can be accepted as a workable hypothesis, in my opinion.Further only concrete strands of tested reasoning and principles drawn from those concrete raison d’être , can be considered as one of the ingredient in concrete law making.
Henrietta Newton Martin
Interpretation of laws and it's right application in its true spirit is the bedrock of any judicial mechanism and a legal system..There is a need to check the crevices of its precedents in the light of the laws at hand and the facts that have been dealt with. Though primafacie this may seem as a miniscule idea, it is wisdom to bear in mind that the purpose of the law is executing proper justice and executing order, and if this is ignored then, the purpose of the existence of such a mechanism of justice is itself thwarted. Thereby discussion on the principles of application of laws and it's interpretation in administration of justice is called for.
Henrietta Newton Martin -Senior Legal Consultant & Author