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Paper I - SN - Law & Social Transformation in India
Paper I - SN - Law & Social Transformation in India
Naxalisim is an informal name given to radical, often violent, revolutionary communist groups that were
born out of the Sino-soviet in Indian Communist Movement.
The Naxalites have frequently targeted tribal, police and government workers in what they say is a fight
for improved land rights and more jobs for neglected agricultural labourers and the poor.
Naxalite groups have come to control large territories in many of the states of eastern India—notably
Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Orissa, and West Bengal—and their influence has
spread even wider beyond those areas.
Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State
Policy. It states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout
the territory of India.
To promote secularism
3. Discuss in brief -Domestic Violence as defined in the Protection of Women from Domestic Violence
Act, 2005.
Domestic violence” is a broad term that entails not only physical beating but also other forms of
violence such as emotional violence, mental violence, sexual violence, financial violence and other forms
of cruelty that may occur within a household. The definition provided in Section 3 of the DV Act includes
the following as acts of domestic violence:
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical,
of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and
emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other
person related to her to meet any unlawful demand for any dowry or other property or valuable security;
or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
This case brought to the attention of the Supreme Court of India, "the absence of domestic law
occupying the field, to formulate effective measures to check the evil of sexual harassment of working
women at all work places."
The Supreme Court held that, women have fundamental right towards the freedom of sexual
harassment at workplace. It also put forward various important guidelines for the employees to follow
them and avoid sexual harassment of women at workplace.
Law is concerned with a person's individual liberty, while morality is concerned with collective
conceptions of what is good and evil. Law governs a man's behaviour when he is a member of a
particular society, whereas morals govern a man's behaviour even when he is alone.
Law and morality operate in conformity with one another and morality are governed by the Law. In the
same way, good morals encourage the enactment of the moral codes in the community.
An individual can only become an ideal citizen if he adheres to the morality code of conduct. As a result,
there is a strong connection between law and morality. And when a state functions under ideal moral
rules it can be called an ideal state.
The National Commission for Minorities Act 1992 states that the Commission shall consist of: a
Chairperson, a Vice Chairperson and. Five Members to be nominated by the Central Government from
The Committee on Jail Reforms under Justice Mulla was set up by the Government of India in 1980 to
review the laws, rules, regulations for protecting society and reforming offenders.
Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal
system, or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of
those whose lives are impacted by crimes.
In Sunil Batra v. Delhi Administration :, the Court held that the Priosn is not denuded of all human rights
upon entering the prion premises even as his right to liberty is fundamentally curtailed.However this
must not ipso facto prejudice his other fundamental rights.
While enacted law laid down in the statute book is what the law making body ordains, customs /
traditions are practices of society which are accepted by the members of society and acted upon as such.
One of the important sources of law is custom. While custom is concerned more with the sociological
aspect as a source of law, enacted law is concerned more with the legal aspect. It is in this sense that it
is said that "Custom is to society that Law is to the state."
The main intention for the establishment of the National Commission for Women was to ensure equal
livelihood for women by making constitutional amendments and laws that favour them. The commission
was formed to prevent any kind of violence or exploitation against women. Women are vulnerable and
the problems faced by them are numerous and such a commission was established to resolve such
issues concerning their rights. It is the state necessity to set up such commissions to address the
grievances of women in the country.
The National Policy on Empowerment of Women adopted in 2001 states that " All forms of violence
against women, physical and mental, whether at domestic or societal levels, including those arising from
customs, traditions or accepted practices shall be dealt with effectively with a view to eliminate its
incidence.
The main objective of the RTE Act is to ensure that each child in India receives quality elementary
education irrespective of their economic or caste background; this includes children who are forced to
drop out of school.
It makes provisions for a non-admitted child to be admitted to an age-appropriate class. It specifies the
duties and responsibilities of appropriate Governments, local authorities, and parents in providing free
and compulsory education.
Financial Challenges: The financial aspects of adoption will depend on the agency you choose for the
process. ...
Ethical Challenges:
Arbitration is a dispute resolution process agreed between parties in which the dispute is submitted to
one or more arbitrators who issue an award. It is an alternative dispute resolution (ADR) mechanism
because it allows the parties to resolve their dispute outside of State courts, i.e., without litigation.
The arbitral proceedings may be less expensive than litigation considering the absence of appeal in most
cases, which makes the process shorter, and thanks to the 1958 Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, the resulting arbitral award can be enforced in 154 nations,
unlike court judgments.
Mediation is negotiation facilitated by a neutral third party, called the mediator, who does not have a
stake in the outcome of a dispute. Instead, the mediator helps the parties find common ground and
assists with drafting a settlement agreement.
Mediation can be an informal meeting that only lasts a couple hours, or can be a scheduled settlement
conference that lasts an entire day. a mediation can be a much quicker process than litigation.
mediation is a cost-effective way of resolving a dispute. mediation provides a confidential forum for
resolving disputes. mediations put dispute resolution into the hands of the disputing parties. mediators
have no decision-making authority and cannot impose a decision, there are no legal requirements on
who can serve as mediators
Conciliation is a voluntary proceeding, where the parties involved are free to agree and attempt to
resolve their dispute by conciliation. The process is flexible, allowing parties to define the time, structure
and content of the conciliation proceedings. These proceedings are rarely public.
Democratic decentralization is the process of devolving the functions and resources of the state from
the centre to the elected representatives at the lower levels so as to facilitate greater direct
participation of citizens in governance.
Local government, including panchayats, is a state subject in the Constitution, and consequently, the
devolution of power and authority to panchayats has been left to the discretion of states.
The impact of industrialization on the environment has led the way with certain positive and large
negative outcomes, with progressive rates and inventions. There are quite a number of resourceful
natural elements like, water, air, soil and fisheries, which are considered to be positive and fertile assets.
The pollution of water, soil and air, are defined as the by-product of economical development in
industry and city life. Global warming and greenhouse effects are the result, which is a massive impact
of industrialization on the environment. The degradation of the entire environment and ecological
system, is inclined to become permanent and tends to cause several negative effects on the economy,
by causing human losses, ill health of the employees at large costs to governments, manufacturing and
society.
Plea bargaining usually involves the defendant's pleading guilty to a lesser charge, or to only one of
several charges. It also may involve a guilty plea as charged, with the prosecution recommending
leniency in sentencing. The judge, however, is not bound to follow the prosecution s recommendation
the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and
fact bargaining.
The Maharashtra State Commission for Women is a statutory body, which was constituted under
Maharashtra Act No.XV of 1993. Some of the key objectives of the Commission are:
Reservation is a system of affirmative action in India that provides historically disadvantaged groups
representation in education, employment and politics. Based on provisions in the Indian Constitution, it
allows the Union Government and also the States and Territories of India to set reserved quotas or seats,
which lower the qualifications needed in exams, job openings etc. for "socially and educationally
backward citizens."
Hindu Widow Remarriage Act, 1856 legalised remarriage of Hindu widows. The Child Marriage Restraint
Act was passed in 1929 which prohibited child marriage. Hindu Women Right to property Act gave
certain rights to widow to inherit husbands property as limited owner. Dissolution of Muslim Marriage
Act.
The Constitution of India (Article 350 A) provides that every state must provide primary education in a
mother tongue and also provide for the appointment of a ‘Special Officer’ for linguistic minorities
(Article 350 B), who is responsible to investigate matters relating to linguistic minorities and report them
to the President. Neither the constitution nor any piece of legislation however defines linguistic minority.
It was in 1971, in the case of DAV College etc. v/s State of Punjab, and other cases, that the Supreme
Court of India defined a linguistic minority as a minority that at least has a spoken language, regardless
of having a script or not. In the case of TA Pai Foundation and Others vs State of Karnataka, it further
held that the status of linguistic minority is to be determined in the context of states and not India as a
whole.
In August 1956, Parliament enacted the States Reorganisation Act, which called for states to be redrawn
along linguistic lines by November 1 of that year. While many more states have been created since, this
remains India's largest collective administrative reorganisation.
Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases
pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats
have been given statutory status under the Legal Services Authorities Act, 1987.
There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in the court of
law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on
the complaints/petition is also refunded back to the parties.
27. Write the objectives of, "Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994"
The main purpose of enacting the act is to ban the use of sex selection techniques before or after
conception and prevent the misuse of prenatal diagnostic technique for sex selective abortion. The Act
prohibits determination and disclosure of the sex of foetus . It also prohibits any advertisements relating
to pre-natal determination of sex and prescribes punishment for its contravention
The National Commission for Women was set up in 1992 under the National Commission for Women Act,
1990. This body was established to review the constitutional and legal safeguards for women. It
The Commission must consist of a minimum number of members which includes a chairperson, a
member secretary, and the other five members.
30. Suggest any 3 Remedies and measures that can be taken for Prison Reforms.
1. Government should frame a National Policy on prison and form a National Commission on
prisons to look into matters more seriously.
2. Ensure the holistic development of prisoners like stress management, Yoga, etc.
3. Ratifying the UN Convention against torture and sensitizing the staffs about the need to treat
prisoners as humanely as possible.
4. Changing the people’s attitude that “Everyone inside the jail is not a criminal, he is either an
offender nor an under trail”.
5. Increasing the budgetary allocation of the Criminal Justice System.
6. Encourage Interactive and community policing in all possible ways.
7. Open prison or semi open prison has to be encouraged like that in UP and Rajasthan.
Agrarian Reform is very significant for the economy of any country because more than half of the
population is employed in the agricultural sector. Agriculture is the main source of livelihood especially
for the developing countries. Reforms are important because they protect the rights of the farmers .
Agrarian Reform could be defined as the rectification of the whole system of agriculture. It is normally
done by the government where they redistribute the agricultural land among the farmers of the country.
The agrarian reform is concerned with the relation between production and distribution of land among
the farmers. It also concerns the processing of the raw materials that are produced by farming the land
from the respective industries.
32. Write any three features of Prevention Of Children against Sexual Offences Act.
The Protection of Children from Sexual Offences Act, 2012, (POCSO Act) and its corresponding rules
were enacted with the objective of protecting children from a slew of sexual offences and introducing
child-friendly judicial mechanisms for dealing with such offences
1. It is a gender-neutral law
2. Not reporting abuse is an offencethe mandatory reporting obligation imposed under Section 19.
3. No time limit for reporting abuse
4. Maintaining confidentiality of the victim’s identity
5. It lists all known types of sexual offences towards minors.
While Article 30 and Article 29 of the Constitution do not specify 'minorities' in India, it is classified into
religious minorities and linguistic minorities. The basic ground for a community to be nominated as a
religious minority is the numerical strength of the community
Muslims, Sikhs, Christians, Buddhists, Jain and Zorastrians (Parsis) have been notified as minority
communities under Section 2 (c) of the National Commission for Minorities Act, 1992.
A solicitous lawyer, M.C. Mehta concerned by the unbearable state of child labour in the town filed a
petition under Article 32 of the Indian Constitution. He contended that the employment of children in
hazardous match stick factories was morally preposterous and constitutionally invalid
MC Mehta vs State of Tamil Nadu & Ors) Writ Petition (C) No. 465/1986, which was filed and decided in
1996 The judgement is a historic judgement on child labour, which elaborated the situation of child
labour in India. It outlines the vision of Constitution with respect to children. The judgement highlighted
the relation between poverty and child labour and also shed light on how the state has failed to
eradicate child labou, and its lack of zeal to deal with it. The judgment also deliberated on possible
solutions to eradicate the child labour.
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to
provide free and compulsory education of all children in the age group of six to fourteen years as a
Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free
and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged
under Article 21-A, means that every child has a right to full time elementary education of satisfactory
and equitable quality in a formal school which satisfies certain essential norms and standards.
1. Over Population – The population of the country is more in comparison to the job opportunities
available
2. Illiteracy – This is one of the biggest causes. If a child is unable to gain education due to financial
or social reasons, he/she is more likely to opt for working at wages and helping the family
According to UNICEF violence against children can be “physical and mental abuse and injury, neglect or
negligent treatment, exploitation and sexual abuse.
1. Physical Abuse: Physical abuse is the inflicting of physical injury upon a child.
2. Sexual Abuse: Sexual abuse is inappropriate sexual behaviour with a child.
• It is the act of engaging a child in any sexual activity that he/she does not understand or
cannot give informed consent for or is not physically, mentally or emotionally prepared for.
• It includes inappropriate touching, intercourse, incest, rape, sodomy, sexual exploitation, using
a child for pornography, sexual materials, prostitution
3. Emotional Abuse: Emotional abuse is also known as verbal abuse, mental abuse, and
psychological maltreatment. It includes acts or the failures to act by parents or caretakers that
have caused or could cause, serious behavioural, cognitive, emotional, or mental trauma.
4. Neglect: It is the failure to provide for the child’s basic needs. Neglect can be physical,
educational, or emotional
5.
38. Write briefly any three recommendations of Sarkaria Commission on division of area on the basis
of Language.
In 1983, Sarkaria Commission was constituted to look in to the language problem in India and suggest
measures. The Commission was headed by Ranjit Singh Sarkaria, a retired Judge of the Supreme Court of
India. The Commission made the following recommendations:
1. Three language formula: It included the implementation of regional language, Hindi and English at the
school level education.
2. English was to be retained as the official language.
3. Reorganisation of states into administrative units.
4. Ban on Political parties and other organisations trying to promote Linguism.
Law based on custom is known as customary law. Custom, as a source of law, involves the study of a
number of its aspects: its origin and nature, its importance, reasons for its recognition, its classification,
its various theories, its distinction with prescription and usage, and the essentials of a valid custom.
Custom is an important means of controlling social behaviour. The importance of customs in society
cannot be minimized. They are so powerful that no one can escape their range. They regulate social life
especially among illiterate people to a great extent and are essential to the life of a society
40. What are the criticisms of Roscoe Pound's Theory of Social Engineering?
The major criticism of Pound’s Social engineering theory was that too scientific and mechanical;
especially due to the fact Pound used the term ‘engineers’ to denotes law practisers, which almost
equated the society as some kind of factory-like mechanism due to society being the source of law for
this school.
Another criticism commonly used for this theory is how it ignores or avoids highlighting the dynamic
feature of law unlike other science subjects; causing it to be more of an issue when it is compared as
such.
The last criticism that this theory often faces is the fact that political concepts change quite often in the
changing times, which can very well cause un stability in the field of law; especially when a lot of the law,
according to Pound, is dependent on the implementation by the ‘social engineers’ when the State needs
to mediate between the clash of interests.
42. Can someone adopt a child if he already has a child? Justify your answer.
Yes, he can. However, under the Hindu Adoption and Maintenance Act, he can only adopt a child of the
opposite gender to his child. However, the Guardians and Wards Act and the Juvenile Justice Act, do not
have any such provisions.
43. Explain the Constitutional Provisions for preventing sexual abuse of children
Cild Sexual Abuse was not publicly acknowledged as a criminal offence in India. Rape was the main
offence against children recognised by law in India. In the absence of specific legislation, a range of
offensive behaviours such as child sexual activity, harassment, and exploitation became common.
The POSCO Act was enacted to address criminalising a range of acts including child rape, sexual assault,
sexual harassment, and pornography involving a child (under 18 years of age. The law mandates setting
up of Special Courts to facilitate speedy trials in Child Sexual Abuse cases.
India is a linguistic treasure-trove, a nation widely acknowledged for its extraordinary linguistic and
cultural diversity. We must emphasised the importance of protecting and conserving our linguistic
heritage. Language preservation and development needs a multi-pronged approach. We must start by
making the mother tongue the medium of instruction in our schools, and certainly at the primary level.
There is a misconception that only English education offers opportunities to grow in the modern world.
It’s not true. There are only a handful of English-speaking countries like Australia, Britain, Canada, the US
etc. Countries like China, Germany, France, Japan, South Korea, etc did very well without English
education.
Repeate
Probation:
The word probation is a form of the Latin word probare which means to test or prove. Probation occurs
when an offender happens to be released into the community without serving any prison sentence,
however, kept under the supervision of probation officers. The individuals who receive probation are
called probationers. They are usually court-appointed and must make sure that their probationer
follows the rules.
Parole:
Parole refers to when an individual serving a term of imprisonment get released into the community,
but remains under the supervision of parole officer.
The parole period is based on a decision made by the board of parole. If the offender violates their
parole while out, they are then placed back into the prison system.
judges used this bargaining to encourage confessions. Plea Bargaining isn't an indigenous concept of
Indian criminal law. It is a part of the recent development of the Indian Criminal Justice System (ICJS). It
became inculcated in Indian Criminal Justice System after thinking about the weight of long-status cases
on the Judiciary.
An open prison can be understood to mean any penal establishment in which the prisoners serve their
sentence with minimal supervision and perimeter security, and are not locked up in prison cells.
Open prisons have relatively less stringent rules as compared to the controlled jails. They go by many
names like minimum-security prison, open air camps or prison without bars. The fundamental rule of an
open prison is that the jail has minimum security and functions on the self-discipline of the inmates.
The Rajasthan Prisoners Open Air Camp Rules, 1972 define open prison as, “prisons without walls, bars
and locks.”
Sarla Mudgal,President, Kalyani v/s Union of India, 1995 AIR 1531. This case is considered as a landmark
judgement by the Supreme Court. The Practice of changing one's religion to have a 2nd marriage
without dissolving the first marriage was held to be invalid.
n marriages under Hindu Law the parties acquire certain rights, and if one of the spouse converts to
another religion and enforce it, it would destroy the rights of the other spouse violating the rules of
justice, equity, and good conscience. Considering the plurality of laws and interest of both the
communities the court stated that it is not the intention of the enlightened Muslim community to
encourage Hindu husbands to convert to Islam only for the purpose of legitimising their second
marriage. Therefore, they concluded that the Hindu husband married under Hindu Law cannot
solemnize second marriage by embracing Islam.
Child labour and exploitation are the result of many factors, including poverty, social norms condoning
them, lack of decent work opportunities for adults and adolescents, migration and emergencies. These
factors are not only the cause but also a consequence of social inequities reinforced by discrimination