The SOP meaning a researcher’s understanding or perspective including the description of the research problems or questions which needs answers or resolution through research either desk based or at the field following data collection

1. Developing Statement of Problem (SOP) & Its Salient Aspects in Legal Research
The SOP meaning a researcher’s understanding or perspective including the description of the research
problems or questions which needs answers or resolution through research either desk based or at the
field following data collection .
The SOP is one of the most primary and significant part of legal research. The statement of problem
essentially has to include the major research objective as one of the most foremost opening paragraph.The
SOP should describe the problem or issue, the description of problems its impact implications, following a
literature review so that it is factually supported and the existing developments , the possible way towards
resolve and the futuristic scope.
The SOP has to provide in brief the context or the background in which the research is initiated, for
instance if the research is on issues of domestic violence the background of research can be women right or
gender rights and largely the human rights domain.
The SOP has to include researchable issues in a nut shell or summary form where in different issues are
well connected or inter connected with some ration logic in the same. The rationality and logic of issues
should be expressly clear. For instance if the research is on gender based violence, the issues concerning
domestic violence may pertain to the definition and meaning scope of domestic violence comprises
physical, psychological, sexual, economic violence under the existing Protection of Women from Domestic
Violence Act 2005 but this falls short of violence related to cyber-crimesor breach of data or digital private
records of one spouse against the other from the concept of domestic violence. Another close related issue
in the definition and description of domestic violence is the meaning is very narrow as it relates only to
complaint of violence faced by married women in her marital home not any other violence. Another
interlinked issues on the same , there is need for research in issues of revamping the implementation
mechanism of giving effect to legal redress al means to implement the DV Act 2005
The concept of family violence is not covered under domestic violence. This is presently relevant as the
concept of domestic violence is being replaced with wider perspective on family violence which can be
gender neutral .The related issue may be establishing the concept of domestic violence , the problems
related to filing complaints of domestic violence under the DM Act as per the definition of DV.
The SOP should not be in question form. The statement of problem has to be in affirmative sentences in
simple clear logical words. It has to be simples, clear, specific. This has to be in narratives or paragraph
form. The Statement of Problem has to be specific and precise. For instance on gender based violence the
sentences should be in descriptive sentences as mentioned above. But may not be what is the meaning of
the term domestic violence or should the meaning of domestic violence be subject to change? It may be
noted that in a concept note or a research proposal , the only questionable part is the research questions
not statement of problem.

2. The statement of problem has to establish the need or justification for why or the reason as to shy this
research is undertaken so as to include or enumerate all the difficult or problems surrounding the topic of
research which justified in India this is relevant as we have abundant legislation and judgements , in that
context why a new research is needed in this regard , he novelty and utility of research is to be established.
For instance, the SOP on gender based violence should indicate the new aspects in the definition and
conceptualizing DV as cyber related crimes by one spouse against another, or issues of breach of privacy of
either spouse regarding digital records. As under the existing Act of 2005 there is absence of violence
related to same. Only physical , psychological , sexual and financial aspect is covered. So this may be new
aspect.
The SOP should indicate the significance of research in present context . The SOP should be oriented
towards some desirable and purposeful or meaningful legal research leading to solving some existing socio
legal issues or challenges. The statement of problems should carry to logical end the beneficial or socially
desirable outcomes or effective resolutions of issues . For instance, the concept of gender based violence in
India is gender biased only to cover issues related to married women but it in present contemporary
context the plea is to make issues of violence within family or domestic violence as gender neutral. As men
are subject to violence too. Such kind of research may resonate well with the present contemporary
context.
The SOP may indicate some real challenges or gaps in law which requires research or investigation to be
looked into as illustrated above in terms of definition. Or in another words, The statement of problem may
bring forth the inadequacy of existing law to address all issues comprehensively or may indicate some real
challenges or gaps in law, the law is ineffective in implementation. .The SOP may indicate the void in law or
gap of any legal regulation in any specific area. The SOP may largely connect with inconsistency in policy
making on the same subject of law
The SOP should be done after undertaking a good literature review of the contemporary legal judicial
developments of both landmark events in the past and the present contemporary development at both
national and international level.
The SOP should conclude with a futuristic scope for necessitating research. Or the way towards its
resolution.
SOP in Legal Research–
In practice, SOP is a must in LL.M thesis and Ph.D. In PhD it is must be elaborate with detailed description of
issues
A good SOP in legal research should be juxtaposed to legal provisions , regulations vis a vis the
developments and also the factual issues prevailing in society.

3. SOP of problem can be fictitious or based on assumptions only. A notable feature of good SOP is based on
evidence based research which implies based on facts, theories, contemporary developments. The SOP in
law may have foot notes as well or the details may be mentioned n bracket and wherever necessary name
of cases has to be included.
The SOP in law should demonstrate the impact on the rights , violations and denial or non-compliances of
provisions of Act so as to demonstrate the challenges or issue sin implementation of law and the need for
necessary remedy in law.
After SOP is developed the thelegalresearch objectives and research issues are derived from the same.
Difference between Hypothesis and SOP –
There is ambiguity in understanding the hypothesis and SOP . The SOP is more common in doctrinal or desk
based research.
Hypothesis is usually preferred in Quantitative research , Where as strict doctrinal research – hypothesis
may be replaced by statement of problem, though not a conventional practice
Though hypothesis proposition is present in both quantitative research and qualitative research. But
Hypothesis verification and testing is more appropriate in quantitative research. Whereas statement of
problem is present in both quantitative and qualitative research
Hypothesis may be based on observation, generalized narratives, existing notions, established practices ,
not necessarily supported by literature, whereas statement of problem is based on intensive literature
review
Hypothesis is tentative generalization or presumption which initiates research and sets the fundamental
premise for carrying forward research , while statement of problem is description, understanding of
research problem including different facets of problems, its implications socio legal bearing , the
stakeholders involved, the socio cultural background of problem, the narration of crucial issues summarily
that is implicit in problem with illustrations, analogies, facts, report.
Hypothesis is brief , precise in the form of few lines not much descriptive. Whereas Statement of the
problem is usually in a comprehensive essay form.
Hypothesis may be put to test , may be proved or disproved pursuant to research findings while statement
of problem need not be proved or otherwise, its position remains the same through the course of research.

4. Hypothesis seeks to establish relationship between variables – independent and dependent variables that
is cause effect relationship, whereas statement of prob. brings out the significance and emphasis on the
nature of problem related issues.
Hypothesis seeks to predict outcomes based on certain conditions, statement of problem leads towards
addressing research issues
Illustration – Hypothesis –maternal health condition of women in India is alarmingly miserable, the existing
laws, policies failed to protect the interests of women, this inconsistent with constitutional guarantee,
there is need for reworking reform of maternal health legislations, policies. Here, the truth of the
proposition stating miserable condition and plight of women may be proved or disproved tested or
verified, maternal health is independent factor whereas laws, policies are dependent factors, the
relationship between the two may be subject to test if there is a cause effect relationship between if the
working or enforcement of law is improving condition of women.
Statement of the Problem –India has one of the highest MMR in the world, this conditions affects a large
size of women population which are in the age group this conditions adversely affects their right to
reproductive or procreative health which is a constitutive of right to life liberty under article 21 of Indian
constitution, there are research reports which demonstrate the same through their findings, there are
judicial directions but not implemented , the government policies to this effect are non-functional , there is
need for further research to propose for better legal safeguards.
Maternal health is an important facet of public health and community health accordingly there is an
obligation on state under DPSP to safeguard and protect the same At the outset, understanding the
problems or researchable issue is key to developing a good research proposal. Most research proposal are
weighed after perusing , this is important for funding or grant purposes. The SOP is a the foundation for
research which may entail better research objectives , question and finally towards resolution and
recommendations for better law.