Abstracts Accepted

Mens-Legem Connect- Infancy, Insanity and Law 

Abstract:

Laid down by the State, LAW is a standing reMINDer as to what is permissible conduct and what is not.  The Mens-Legem connect is very old and presents intriguing issues. Socrates found that man's intelligence & insight were the measure of the good and it was this insight which tested the reason & goodness of laws. Law takes into account the state of mind of the alleged wrongdoer in determining the guilt and the extent of liability. Law recognizes the importance of mind and proceeds in various ways to protect and nurture it. Intellectual property is protected. Universal Declaration of Human Rights, 1948 recognizes that human beings are endowed with reason & conscience. It recognizes the right of everyone  to freedom of opinion & expression. Everyone's right to education has been recognized. Constitution of India secures to all its citizens liberty of thought, expression, belief and faith.  It casts a fundamental duty on all citizens to develop scientific temper, humanism and the spirit of inquiry & reform.  Right to education and information have been recognized.  Law crushes under its feet  offences to  mind.  Injury includes harm to any person in mind.

               The purpose of this paper is to explore firstly  into how law deals with infancy and its attendant immaturity and secondly into how law handles persons with a fit of insanity.

Key-Words: Infancy, minor, consent, doli incapax, contract, liability, unsound, autism, Law commission, mental retardation, cerebral palsy

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*Lecturer and Incharge Principal, VPM’S TMC Law College Chendani Bundar Road, Near CIDCO Bus Stop, Thane (W)

Email Address : srividhyajk@vpmthane.org,  srividhyajk@airtel.blackberry.com

Int Seminar MBC, Jan 2010. Accepted