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    Case Study 4 - Pros & Cons of Doctrinal Legal Research

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    Sushma
    Doctrinal legal research is applicable in this case scenario and has more pros than cons. As a law student, the student has access to relevant legislation, case law, and other primary sources to research the legal issues regarding child labor and minimum wage laws. The research could help address the situation without closing the eateries, which provide important services. Potential actions include contacting local NGOs, the police, labor authorities, or filing a complaint. While the student's living costs could increase if the eateries close, doctrinal research allows exploring solutions to protect workers' rights without disrupting social services or employment opportunities.

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    Case Study 4 - Pros & Cons of Doctrinal Legal Research

    Uploaded by

    Sushma
    194 views3 pages
    Doctrinal legal research is applicable in this case scenario and has more pros than cons. As a law student, the student has access to relevant legislation, case law, and other primary sources to research the legal issues regarding child labor and minimum wage laws. The research could help address the situation without closing the eateries, which provide important services. Potential actions include contacting local NGOs, the police, labor authorities, or filing a complaint. While the student's living costs could increase if the eateries close, doctrinal research allows exploring solutions to protect workers' rights without disrupting social services or employment opportunities.

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    Case Study 4 - Pros & Cons of Doctrinal Legal research

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    Doctrinal legal research is applicable in this case scenario and has more pros than cons. As a law student, the student has access to relevant legislation, case law, and other primary sources to research the legal issues regarding child labor and minimum wage laws. The research could help address the situation without closing the eateries, which provide important services. Potential actions include contacting local NGOs, the police, labor authorities, or filing a complaint. While the student's living costs could increase if the eateries close, doctrinal research allows exploring solutions to protect workers' rights without disrupting social services or employment opportunities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    194 views3 pages

    Case Study 4 - Pros & Cons of Doctrinal Legal Research

    Uploaded by

    Sushma
    Doctrinal legal research is applicable in this case scenario and has more pros than cons. As a law student, the student has access to relevant legislation, case law, and other primary sources to research the legal issues regarding child labor and minimum wage laws. The research could help address the situation without closing the eateries, which provide important services. Potential actions include contacting local NGOs, the police, labor authorities, or filing a complaint. While the student's living costs could increase if the eateries close, doctrinal research allows exploring solutions to protect workers' rights without disrupting social services or employment opportunities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Case Study 4 - Write a note on the pros and cons of conducting doctrinal legal

    research in the given case scenario.


    Facts - You are a law student on a meagre budget studying in a college without hostel facilities.
    You have come to rely on the cheap, delicious food provided 24 x 7 at the eateries near your
    rented accommodation. You suspect that these eateries do not provide overtime wages to their
    workers and you suspect that some of these workers are underaged and illegal immigrants
    holding fake documents. You want to intervene in the situation to uphold the law without
    jeopardizing the social utility served by the continued functioning of these eateries by way of 24
    x 7 service and entrepreneurial and employment opportunities.

    Identify the legal issue

    Pros and Cons of Doctrinal Legal Research

    Applicability in the current situation (To what extent)

    Data Collection- HOW? (Primary material including legislation, delegated legislation and
    case law)

    Tentative Conclusion

    1) Identifying the Legal ISSUE in the current scenario

    The Child Labor (Prohibition and Regulation) Act, 1986 and the Child Labor (Prohibition and
    Regulation) Amendment Act, 2016, are two statutory acts enacted to prohibit the employment
    and protect the exploitation of children in occupations which may prove to be detrimental to their
    health & well being.

    The Indian constitution has also consciously incorporated provisions to secure compulsory
    elementary education as well as the Labour protection for the children. Article 24 prohibits the
    employment of child below the age of 14 years in any factory or mine or in any hazardous
    employment and Article 45, provides for free and compulsory education for children until they
    complete the age of 14 years.

    2) Pros of Doctrinal Legal Research –

    1) It resolves day to day matters as it is more manageable and outcomes are more predictable due
    to its focus on established sources

    2) Being a law student, the sources for doctrinal legal research are easily available to me (court
    decision reports and statutory materials)

    3) In this current scenario, as a part of my doctrinal legal research I can contact any local NGO
    for assistance ; especially those that are actively involved in the care and welfare of the children.
    3) Cons of Doctrinal Legal Research –

    1) Conflict of interest – If the eateries are shut down, my cost of living is going to increase. Due
    to my intervention, workers might be thrown out of the eatery.

    4) Applicability –

    Doctrine legal research is applicable in the current scenario, as it is convenient. I have all the
    resources available it has lesser cons and more pros. It can be easily applied without jeopardizing
    the social utility as there would be no cost incurred by me to contact a local NGO for assistance.
    I can meet the owner of the eatery and talk to him about him. The welfare of the children could
    be taken care by the NGO, whereas I can help the eatery to employ people who are adults and are
    unemployed or affected due to poverty.

    The following ways could also be taken to take forward the Doctrinal Legal Research :

    1) Contact the nearest police station and register a complaint.

    2) A complaint can be registered with the National Commission for the Protection of Child
    Rights (NCPCR) and the State Commission for the Protection of Child Rights (SCPCR).

    3) Addressing this issue to CJI by writing to him (Epistolary Jurisdiction)

    4) Conducting a legal survey through legal aid clinic in college.

    5) Contact the Ministry of Labor and Employment & other authorities.

    5) Collection of DATA:

    1) Talking to the owner of the eatery and identifying the employees working.

    2) Interacting directly with the employees and clicking photographs

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