Identification of Social Problems and Gauging the Efficiency

of Relevant Laws: A Critical Analysis

2.2 Jurisprudence

Submitted by-

Vanjul Sinha

UID: UG 19-113

B.A.LL.B. (Hons.) I Year- 2nd Semester

Submitted to-

Prof. (Dr.) Shirish Deshpande

(Professor of Law)

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

 TABLE OF CONTENT

1. Introduction ……………………………………………………………2
2. Research Aim and Objective…………………………………….…….2
3. Research Question………………………………………...……………2
4. Research Methodology…………………………………………………2
5. Child Labour……………………………………………………………3
5.1 Analysis………………………………………………………...…...3
6. Child Marriage…………………………………………………….……4
6.1 Analysis……………………………………………………………..4
7. Dowry …………………………………………………………………..5
7.1 Analysis …………………………………………………………….6
8. Female Feoticide………………………………………….………….....7
8.1 Analysis………………………………………………………….….7
9. Conclusion ………………………………………………………….….8
10.Bibliography……………………………………………………………9

1
 Introduction
The constitution of India promises to all its citizens equality, and a right to live in a free and just
environment, free of all the discrimination and exploitation. It promises to its citizens protection
against social exploitations or problems. The preamble of our beloved constitution says that
India, that is ‘Bharat’ is a Sovereign, Socialist, Secular, Democratic Republic but this is of
course not enough to ensure a society free from social problems. Thus, to do so the government
has enacted various laws and given many rights to the citizens, many of which are fundamental
in nature. But many of the provisions and rights conferred have been proven to create more
problems than it had solved.

AIM AND OBJECTIVE

1. To analyze the efficiency of various laws in containing social problems.

2. To check whether the laws have created new problems or not.
3. To suggest various changes required to do away with the problems.

Research Questions

1. What are the various social problems prevalent in modern Indian society which have been
tackled by making laws?
2. What are the provisions of the laws thus made to tackle those problems?
3. Were the laws made, enough to ensure a just and an exploitation free society?
4. What problems have the laws created, intentionally or unintentionally?

Research Methodology

The researcher has used the doctrinal or principle approach to research for the paper. For the
purpose of the research, the researcher has referred to, articles and websites to gather
information regarding the works of Social problems and the laws thus formed. The researcher
has also used various secondary sources to gather information.

2
 1. Let us begin with the topic of Child labour

As per the Child Labour (Prohibition and Regulation) Act, 1986, a "Child" is a person below the
age of 14, and the act prohibits employment of a Child in any form. It is a punishable offence to
employ a Child for any chore. Still it an everyday sight to see a chotu running to fetch tea on a
local tea shop. Such is the pity that child labour has become the new normal of the country.1

The Constitution of India stops child labour in hazardous industries by guaranteeing it as a

Fundamental Right under Article 24, which says No child below the age of fourteen years shall
be employed to work in any factory or mine or engaged in any other hazardous employment. 2
In addition to the statutory ban of illegal child labour, various laws in India, such as the 
Juvenile Justice (care and protection) and the Child Labor Act 1986 provide a legal basis for
detecting, punishing and preventing child labour.3

Analysis- What social change has the law brought to the society is the burning question, due to
the law our society has moulded to reject child labour at least in urban educated classes. It has
lead ti many inspiring stories where a poor guy despite all the hardships he faces, send his child
to school to give him good education. This shows that because of the laws there has been a
growth in awareness amongst the masses against child labour. This has also led to rise in
prosperity of the country and development of our human resources.

But not everything has a silver lining, child labour is still very prevalent and due to the laws it is
being done in furtive manner, which has made the lives of the children even more deplorable.
The condition of workplace has deteriorated due to the strictness of the laws. It has also lead to
many families sleeping with an empty stomach because of the laws which has lead to increase in
the liability on the earning member of the family. Many a time as the children of the poor are
sitting idle, they get involved in crimes and end up in prisons. These are the various social
impacts of the laws on the society.

1
Vineet J Samuel, Child Labour & Child Rights in India: Myth or Reality, https://www.oxfamindia.org/blog/child-
labour-india?gclid=EAIaIQobChMIju6xxuLN5wIVyworCh2YpwjEEAAYASAAEgLaVPD_BwE, 2/2/2020

2
UNICEF India https://unicef.in/Whatwedo/21/Child-Labour 24/1/2020
3
Burra, Neera. "Child labour in rural areas with a special focus on migration, agriculture, mining and brick
kilns" (PDF). National Commission for Protection of Child Rights. 

3
 2. Next we will deal with the social evil child marriage

For decades, child marriage has been common in India, with children marrying off before their
physical and mental maturity. In India, the issue of child marriage remains embedded in a
dynamic web of religious traditions, social practices, economic factors and deep-rooted biases.
Child marriage, whatever its origins, constitutes a gross violation of human rights leaving
indelible scars for life. Sexual activity starts shortly after marriage, and abortion and early
puberty may lead to both maternal and infant mortality. In fact, women marrying younger are
more likely to experience domestic violence inside the home.4

The first step to prevent child marriage came in 1929, and became popularly known as Sharda
act. Its primary goal was to stop deaths of young brides and to control the infant mortality rate in
the country. This was the first legislative move to contain the social problem. months and a
possible fine.

Another important act to control child marriage is The Prohibition of Child Marriage Act, 2006.
It was brought to control the shortcomings of the Child Marriage Restraint Act popularly known
as the ‘sharda act’. The name change was meant to reflect, rather than a resistance, the total
prohibition of child marriage. The former Act has made working against child marriages difficult
and time consuming and did not focus on officials as potential sources to discourage marriages.
Child marriage is an active political issue as well as focus of ongoing cases under investigation i
5
n India's highest courts. Boys and girls coerced into child marriages as minors have the
possibility of annulling their marriage for up to two years after they reach adulthood, and under
certain conditions, marriages of minors may be null and void before they reach adulthood. If the
marriage is annulled, all valuables, money and presents must be returned and the girl must have a
place of residence before she marries or becomes an adult. Stringent punishments were proposed
to deter people from practicing this social evil, also the government has launched various luring
schemes to stop girls from getting married before the age of 18.

Analysis- The prevention of child marriage had a very positive effect on the society, it has led to
a fall in the cases of child brides and has lead to a decrease in infant mortality rates along with
maternal mortality. Due to decrease in the numbers of child brides, the cases of sexual assault
4
Child Marriage in India https://www.csrindia.org/child-marriage-in-india/ (15/01/2020)
5
M.G. Radhakrishnan and J. Binduraj, ‘In a league of their own’, India Today 

4
and marital rapes have decreased. Its strictness has lead to more number of girls being educated
and contributing to the society. It is the collective effort of the state, the center and the people
which has lead to this positive change.

But still there is a lot left to be done, child marriages are still not the thing of the past but is
widely practiced in rural India. It also had lead to new problems and foolish as it sounds, many
blame these laws to be the reason behind the decrease in moral standards of the society as a
whole.

With the advancement of age it also a question to ponder upon that if men and women are equal
the why is it that the marriageable age of both different? And the second question before us is
whether the tender age of 18, when most of us are not even graduates, is the right time to get
married? Future laws must take these questions into consideration.

3. Next we will have a look on the social problem of Dowry

Dowry culture is kind of an endemic to Indian culture, more specifically Hindu marriages, where
dowry is considered as a right rather than a obligation. Post-independence, we have a
Constitution that declares all persons to be equal and forbids discrimination on the basis of caste,
creed, sex etc. It puts a great deal of financial pressure on the bride’s family 6 If girls are equal to
boys, if they are independent persons with the same rights and duties as available to boys, if the
constitution and the religion considers them to be of equal footing then how can we sustain a
custom that allows girls to be gifted away in marriage? Is she some kind of material goods that
can be given away, just like that?

The Indian criminal laws were comprehensively amended to include dowry as a punishable
offence. Section 304B was added to the Indian Penal Code, 1860 which made dowry death a
specific offence punishable with a minimum sentence of imprisonment for 7 years and a
maximum imprisonment for life. It provided that if a woman's death is induced by burns or
physical injury or happens in suspicious circumstances within seven years of her marriage, and
there is evidence to show that prior to her death she was subjected to violence or coercion by her

6
Anderson, Siwan "The Economics of Dowry and Brideprice". The Journal of Economic Perspectives

5
husband or relative as to the claim for dowry, then the husband or relative shall be deemed to
have caused her death7.

Further, section 113B of the Evidence Act, 1872 ("Evidence Act"), creates an additional
presumption of dowry death when it is shown that before her death, the woman had been
subjected to cruelty on account of demand for dowry. Section 304B IPC along with Section
113B of the Evidence Act have enabled the conviction of many who were not caught by the
Dowry Prohibition Act, 1961. Section 113A of the Evidence Act provides a similar presumption
of abetment of suicide in case of death of a married woman within a period of seven years of her
marriage.8 This clearly shows the strictness of the laws related to dowry in our country.

Analysis-Due to these laws there has been a rise in awareness in the society against this evil
practice, it has made the women so strong that sometimes it feels discriminatory. It has led to
various effects on the society, this laws has created ripples in the entire society, some positive
and some negative.

Due to this law the bridegroom’s side is now quite cautious while talking to the bride’s side. It is
this law which has lead to a decrease in female feticide, as now the family does not have to care
about arranging for the marriage of the girl child from the time she is born. They have the liberty
to consider the girl as their kid and not as a punishment from God himself.9

Talking about the negative effect of the law, there are plenty, firstly there has been various cases
of false alarm when it comes to dowry, and due to the strict laws the family of the groom suffer.
Many a times it happens that the bride is the one who threatens the groom’s family in order to
extort money. These are a few bad ripples this law has created; it has severely damaged the
institution of marriage. On a lighter note, it is this law which is most responsible for the late
marriages of lawyers especially female ones.

4. Next we will look at the problems relating to Female Feticide

7
THE DOWRY PROHIBITION ACT, 1961, (Act No. 28 of 1961)

8
Varsha Ramakrishnan, ‘The Dowry System in India: Is the Trend Changing?’,
https://pulitzercenter.org/projects/dowry-system-india-trend-changing (25/1/2020)

9
Kavya Sukumar, Dowries are illegal in India. But families — including mine — still expect them’, Vox

6
The girls have not vanished overnight. Decades of sex determination tests and female foeticide
that has acquired genocide proportions are finally catching up with states in India. It has lead to a
catastrophe, literally people from states like Haryana are going to the North East to get married,
due to shortage of girls.

This is just the tip of the economic and social challenges facing India in the years ahead.Skewed
sex ratios have moved beyond the states of Punjab, Haryana, Delhi, Gujarat and Himachal
Pradesh. With news of increasing number of female fetuses being aborted from Orissa to
Bangalore there is ample evidence to suggest that the next census will reveal a further fall in
child sex ratios throughout the country.

The decline in child sex ratio in India can be seen by comparing the census figures. In 1991, the
figure was 947 girls to 1000 boys. Ten years later in 2001 it had fallen to 927 girls for 1000
boys.10

Analysis- The acts and laws to curb this great problem have been quite effective in most of the
places. This problem can be clubbed with ancient practices of dowry and the desire to carry
forward the family name, which are both stupid and idiotic. 11 But still it can’t be said that the
problem of feticide is not there. This very law has created a black market, a black market where
doctors trade money for sex determination. This law has also provoked child smuggling and has
lead to great hardships to women. It also prevents families from planning the number and sex of
their children. It can also be held responsible for the growth in population as a many a time
people continue to conceive pregnancy just to have a baby boy, and end up having 7 to 8 girls.12

Although its implementation is still the biggest problem the government faces in the current
time. Its proper implementation along with implementation of anti-dowry laws will lead to a
better sex ratio.

Conclusion

10
Census of India
11
Is Dowry System in India Still a Reason for Female Infanticide and Foeticide?,
https://www.savethechildren.in/resource-centre/articles/is-dowry-system-in-india-still-a-reason-for-female-foeticide-
and-infanticide?gclid=EAIaIQobChMItvuv9efN5wIVhRePCh1b0g1qEAAYASAAEgLlQfD_BwE, 22/1/2020

12
Alka Gupta, Female foeticide in India, UNICEF, https://unicef.in/PressReleases/227/Female-foeticide-in-India,
27/1/2020

7
It is quite evident that social problems cannot be solved though legal methods. The attempts to
do so, have failed terribly. Diamond cuts diamond, like ways only by catalyzing social change
can we stop the social evils and uproot them from our society. we can see that despite the laws
not much has changed, and many a times the laws have created new types of problems, which
again requires new solution, and the cycle goes on and on. It is a well known fact that any
problem can be solved by providing proper education. Making laws and using punishment as a
deterrent is only a temporary solution, which won’t last for long.

As far as the ability of the laws to control the social problems is concerned, it can be well said
that any amount of pressure would not do the trick, it will of course lower down the numbers but
it will never be enough to eradicate the entire social stigma from its roots. Let us take for
example the topic of Child Labour as discussed above, it can be seen that although the laws are
quite strict still very other house has a domestic help, who is below 14 years of age, they are still
being employed in matchstick factories in Gaziabad. Also when they are stopped from going to
work, then it is their family who suffer, suddenly they become a liability to the family in case of
people living below poverty line, they do not consider their children as a future investment.
Thus, we can say that this law has created a lot of problems as well.

BIBLIOGRAPHY

8
 1. Vineet J Samuel, Child Labour & Child Rights in India: Myth or Reality,
https://www.oxfamindia.org/blog/child-labour-india?
gclid=EAIaIQobChMIju6xxuLN5wIVyworCh2YpwjEEAAYASAAEgLaVPD_BwE, 2/2/2020

2. UNICEF India https://unicef.in/Whatwedo/21/Child-Labour 24/1/2020

3. Burra, Neera. "Child labour in rural areas with a special focus on migration, agriculture, mining and
brick kilns" (PDF). National Commission for Protection of Child Rights. 

4. Child Marriage in India https://www.csrindia.org/child-marriage-in-india/ (15/01/2020)

5. M.G. Radhakrishnan and J. Binduraj, ‘In a league of their own’, India Today 

6. Anderson, Siwan "The Economics of Dowry and Brideprice". The Journal of Economic Perspectives

7. Varsha Ramakrishnan, ‘The Dowry System in India: Is the Trend Changing?’,

https://pulitzercenter.org/projects/dowry-system-india-trend-changing (25/1/2020)

8. Kavya Sukumar, Dowries are illegal in India. But families — including mine — still expect them’, Vox
9. Is Dowry System in India Still a Reason for Female Infanticide and Foeticide?,
https://www.savethechildren.in/resource-centre/articles/is-dowry-system-in-india-still-a-reason-for-female-
foeticide-and-infanticide?gclid=EAIaIQobChMItvuv9efN5wIVhRePCh1b0g1qEAAYASAAEgLlQfD_BwE,
22/1/2020

10. Alka Gupta, Female foeticide in India, UNICEF, https://unicef.in/PressReleases/227/Female-foeticide-in-India,

27/1/2020