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Legal status

        LEGAL STATUS


Legal status is the right of the person whether may be natural or legal having the rights as the person on its own. These legal statuses are available to not only major persons and companies it is also available for animals, children, dead persons, firms, corporation, HUF, and state. We are going to see about their legal status in this essay. 

Legal status of animals: 

In ancient criminal law, animals were regarded as the subject of legal duty and were punished for crimes. In modern days, animals are not personally punished for any wrong but under the principles of vicarious liability and strict liability, their masters are held liable. Animals have no rights and duties so there is no legal status for them. Though law prevents cruelty to animals, there is not corresponding legal right in the animals. An animal cannot also have proprietary rights, animals cannot own property and cannot be punished for committing a crime. Killing of animals for food purpose is also not a crime, animals are properties to man like other non-living organisms. 


Legal status of unborn children: 

Children in the uterus and even children not yet conceived have legal personality. Unborn persons can be the subjects of rights which are contingent upon their birth. The ownership of contingent rights become vested ownership only when the child is born. A child in the mother’s womb is known by the Latin maxim ‘enventre sa mere’ and it is regarded as a born and a gift may be made to the child in the womb. In Hindu law, if partition is made without allotting a share to a child in the womb, as if the child existed on the date of partition, the partition will be set aside. Injury to the child in the womb and causing miscarriage are punishable under IPC. 


Legal status of dead persons: 

Generally, dead persons cannot exercise any right. All the rights in the world go off with their death. So they are not legal person. However, they have the following rights, 

  1. A right for a decent burial. If any person hinders the taking away the dead body to the burial ground, it is an offence punishable under the IPC.

  2. Every person has a right to save his body form anatomical dissections. 

  3. Dead persons have reputation. If anybody makes any defamatory statement about a dead person, then he can be punished for defamation under the IPC.


Legal status of HUF (Hindu Undivided Family): 

Hindu joint family is a creation by sue generis (birth right). It is a legal person. The Kartha of the Hindu joint family is the representative of the Hindu joint family. The Hindu joint family can acquire, own and enjoy the property. The property of Hindu joint family is called co-parcenary property. The persons who have right to the co-parcenary property are called co-parceners. The Hindu Joint family can sue and be sued. 


Legal status of State: 

The state is a large social organization. It owns huge assets and performs various functions to her subjects. Whether a state is a corporate personality or not and whether it is recognized as a legal person by law or not are important questions to be decided. Article 300 of the Constitution of India that the government of India may sue or be sued in the name of the Union of India and the Government of each State may sue or be sued in the name of the state. So the state is also a legal person. 
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