CHANAKYA NATIONAL LAW

UNIVERSITY

SOCIOLOGY PROJECT WORK

TOPIC :LAW AND SOCIETY
INTERRELATIONSHIP IN INDIAN
SOCIETY
PRESENTED BY : AJITABH
B.A.LLB, FIRST YEAR
ROLL NO.- 906
SUBJECT TEACHER Dr.Sangeet
Kumar

CHAPTERISATION

1. INTRODUCTION
2. WHAT IS LAW AND SOCIETY
3. SOCIETY WITHOUT LAW
4. SOCIOLOGY OF LAW
5. CONCLUSION

-RESEARCH METHODOLOGY
The researcher has used the Doctrinal and Non doctrinal Method .The researcher has referred
various books ,authenticated articles, various Law journals and interviews .

AIMS AND OBJECTIVES

The aims and objectives of researcher is to study about the working natire of law in Indian
society, Rule of Law in indian society . In this project researcher will try to find that whether the
governing rules behave equality to all individuals or not. The Rule of law requires that people
should be governed by accepted rules. Researcher will try to find the actual meaning and
applicability of Rule of law.

-HYPOTHESIS
In this project researcher presumes that law is equal for equals. Law is running very smoothly in
society. Researcher also presumes that law provide justice to every person, whatever his or her
caste, religion, sections, races that is totally immaterial.

Research Question
In this project researcher will try to find some questions as follows:
1. What is the governance of Law in society?
2. What is the role of law in society?

INTRODUCTION
Law is the command of the Sovereign. Law is a set of rules. Law must flow from a determinate
person or group of persons with the threat of displeasure, if it is not obeyed. As we know,
Sovereignty is a only part of the state. So, we can say that Law is used to denote rules of conduct
emanated from and enforced by the state. Law is a term which does not have a universally
accepted definition, but one definition is that law is a system of rules and guidelines which are
enforced through social institutions to govern behavior. Laws can be made by legislatures
through legislation, the executive through decrees and regulations, or judges through binding
precedents.
According to Holland, Law is a rule of external human action enforced by the sovereign
political authority.1
According to Salmond, Law is the body of principles recognized and applied by the State in the
administration of justice2
According to Woodrow Wilson,Law is that portion of the established habit and thought of
mankind which has gained distinct and formal recognition in the shape of uniform rules backed
by the authority and power of the government.3
According to Anson, The objects of Law is Order, and the result of Order is that men are
enables to look ahead with some sort of security as to the future. Although human action cannot

1 Venugopal,T.K, law and society, sociology for law students,1 st ed, 1988, p 221
2 Ibid 1
3 Ibid 1

be reduced to the uniformities of nature, men endeavored to reproduce by Law something

approaching to this uniformity.4
So we can say that law must have three characteristics which are given below:
1.Law has its sovereign authority,
2.Law is accompanied by sanctions,
3. The command of law should compel a course of conduct. Being a command the law must flow
from a determinate person or group of persons with the threat of displeasure, if it is not obeyed.

I. INTRODUCTION ABOUT LAW

Law is rooted in social institutions, in socio-economic network. These social factors influence
the course of law or the direction of legal change. This is the outcome of personal and social
interactions which are variable and often unpredictable. At the same time, law may itself change
social norms in various ways. For example, in free India, legal abolition of untouchability is an
attempt to change a long-standing social norm. Yet it has not succeeded much due to inadequate
social support. the principles and regulations established in a community by some authority and
applicable to its people, whether in the form of legislation or of custom and policies recognized
and enforced by judicial decision. Thus there is a reciprocal relationship between law and
society5.This project will discuss about the law and its impact in social change with special
reference from Indian society. Any written or positive rule or collection of rules prescribed under
the authority of the state or nation, as by the people in its constitution.

4 Timasheff, Nicholas S., (1939),An Introduction to the Sociology of Law ,Westport,

Greenwood Press reprint, 1974.
5

II. DEFINITION

Lawrence Friedman and Jack Ladinsky, however, in the context of a discussion of the social
effects of law adopt a definition of social change as any non-repetitive alteration in the
established modes of behaviour in society. The qualification non-repetitive is important here
for the definition recognize that few societies, if any, are wholly state.The term social change is
also used to indicate the changes that take place in human interactions and inter-relations.
Society is a web-relationship and social change obviously means a change in the system of
social relationship where a social relationship is understood n terms of social processes and
social interactions and social organizations.Thus, the term, social change is used to indicate
desirable variations in social institution, social processes and social organization. It includes
alterations in the structure and the functions of the society6.

SOCIETY
What is Society:

A community or a group of persons, living in any region, who are united by some common bond,
is known as society. A society is a group of people related to each other through persistent
relations such as social status, roles and social networks. They also share the same geographical
territory and subject to the same political authority and dominant cultural expectations. Common
bond is some kind of uniformity of factors like nature of the people, habit, custom, beliefs,
culture, etc. This common bond helps the members of the society to form the rules of social
6Effland, R. 1998, The Cultural Evolution of Civilizations, Mesa Community, College.
p.223

behavior. The punishment of disobeying the social rules is come from in the form of social
disapproval.7 The punishments are generally excommunication or ostracism. A society, or a
human society, is a group of people involved with each other through persistent relations, or a
large social grouping sharing the same geographical or social territory, subject to the same
political authority and dominant cultural expectations. Human societies are characterized by
patterns of relationships (social relations) between individuals who share a distinctive culture and
institutions; a given society may be described as the sum total of such relationships among its
constituent members. In the social sciences, a larger society often evinces stratification and/or
dominance patterns in subgroups.

Relationship between Law and Society:

Law and society are related to each other. Nothing can explain without any of them. Society
becomes the jungle without the law. Law also needs to be changed according to the changes the
society faces, because without the necessary changes law cannot keep pace with society. Without
the control of the law, the society became the jungle or at least barbaric. So, to keep the society
peaceful, we need to create a harmonious relationship between law and society.
Theorists have traditionally maintained that there are certain broad on the substantive criminal
law. One set of such constraints concerns the sorts of behavior that may legitimately be
prohibited. Is it proper, for example, to criminalize a certain kind of action on the grounds that
most people in ones society regard it as immoral? The other set of constraints which concern
what is needed in order to establish criminal responsibility that is liability, independently of the
content of the particular statute whose violation is in question. Legal system reflects all the
energy of life within in any society. Law has the complex vitality of a living organism. We can
say that law is a social science characterized by movement and adaptation. Rules are neither
created nor applied in a vacuum, on the other hand they created and used time and again for a
7 Jenkins, R. 2002. Foundations of Sociology. London: Palgrave MacMillan, p.108

purpose8. Rules are intended to move us in a certain direction that we assume is good, or prohibit
movement in direction that we believe is bad. The social rules are made by the members of the
society. Disobedience of the social rules is followed by punishment of social disapproval. There
is no positive penalty associated with the violation of rules except excommunication or
ostracism. On the other hand, Law is enforced by the state. The objective of law is to bring order
in the society so the members of society can progress and develop with some sort of security
regarding the future. The state makes laws. Disobedience of state laws cause penalty, which is
enforced by the Government by the power of the state. Which is not enforceable is not Law.

Change of Law and Change of Social Roles:

The legal system of a country reflects the rules of society. If there is a change social rules then
we can say that a change in social law just occurs. Law can be changed due to social condition of
any country. Many people know the revolution 1990 of Bangladesh, which is take place due to
political unrest of the country. When Bangladesh Nationalist Party forms the government they
change the law and under the new law lead to the parliamentary democracy in the country.
Recently acid violence, eve teasing, domestic violence took place due insufficient laws. The
penalty of eve teasing is light that many people did not take the penalty seriously. The penalty of
eve teasing is given in Article 76 of the Dhaka Metropolitan Police Ordinance 1976 9and Article
509 of the Penal Code of 186010 affirm that any acts, conducts, or verbal abuses that are used to
disgrace women are punishable by law. Article number 10(2) of the Prevention of Women and
Children Repression Act 2000 mildly addressed eve-teasing. However, that section of the law
was eliminated in 2003, through amendment and justified it on the ground of manipulation of the
law. In its place, a new provision has been added under Article 9 of the present law that says that
if a woman is forced to commit suicide as a direct consequence of somebody's willful
8 Ibid 7
9 Jenkins, R. 2002. Foundations of Sociology. London: Palgrave MacMillan
10 Ibid 9

dishonor/sexual harassment/assault, then the guilty person will be liable to a maximum of ten
years and a minimum of five years of imprisonment. This law is so light in terms of death of a
innocent girl. The criminal dare breach the law this no strong law, if the law is death penalty, to
force a suicide then criminal would think twice to breach law.

As we know, the acid violence is major problem I our country. Few years ago it becomes like
epidemic. Now acid violence is go down due to the strong law which is death penalty. Section 4
of the Acid Crime Act, 200211 prescribes death penalty or rigorous imprisonment for life
including fine taka not more than one lakh if any body causes death or makes an attempt to cause
death to any child or woman by using any burning substance, e.g., acid. The law also states that,
import, production, storage, sale or usage of acid without a license is a punishable offence. But
the mechanisms prevalent to regulate importation, preparation and sale of the acid used in these
attacks are inadequate. However, the Acid control Act, 2002, provides for the formation of a
national council to control the selling use, production, import, transportation and storing of acid.
The law is hard that everyone obey the law regarding the acid violence which causes less acid
related crime. Every person loves their own life.

III. CORRELATION BETWEEN LAW AND SOCIAL CHANGE

Closer analysis of the role of law vis--vis social change leads us to distinguish between the
direct and the indirect aspects of the role of law. Law plays an important indirect role in regard to
social change by shaping have a direct impact on society. For example: A law setting up a
compulsory educational system. On the other hand, law interacts in many cases indirectly with
basic social institutions in a manner constituting a direct relationship between law and social
change. For example: A law designed to prohibit polygamy. Law plays an agent of modernization
and social change. It is also as an indicator of the nature of societal complexity and its attendant
11 Ibid 9

problems of integration. Further, the reinforcement of our belief in the age old panchayat system,
the abolition of the abhorables practices of untouchability, child marriage, sati dowry, etc are
typical illustrations of social change being brought about in the country through law. Law is an
effective medium or agency, instrumental in bringing about social change in the country or in
any region in particular. Therefore, we rejuvenate our belief that law has been pivotal in
introducing changes in the societal structure and relationships and continues to be so.

IV. ROLE

OF LEGISLATION AND SUPREME COURT OF INDIA

A. Legislation

An important instrument of change the state employs in the legislative weapon. To start with, it
gives expression to the goal towards which the state is moving. India is an outstanding example
of the employment of the legislative measures to initiate change. The promulgation of Indian
Constitution was the first step in this direction. Institutionalised inequality was an accepted
principle of Indian caste system; equal justice under equal circumstances was unknown under the
traditional Indian set up; equality of opportunity was meaningless under a system where
education and occupation was caste-based. A variety of social legislations are being introduced in
independent India to bring about change. They cover legislations for the welfare of the
downtrodden in the agrarian sector, to emancipate women, to eradicate untouchability, to
facilitate the social and economic development of the tribunal population, etc. All these
legislations are slowly but surely making their impact on the Indian social fabric.

B. Supreme Court

As of today, the decisions of the Court are not just being tested on the touch stone of social
justice, but indeed they are being cited of as precursors to social rights.12 The Court has proactively and vigorously taken up to cause of social justice and has gone to the extent of
articulating newer social rights such as the right to food, right to health, right to education. Thus,
the march of law is clearly in favour of Supreme Court having performed a pro-active role in
social change of the languishing masses. It certainly has acted as a catalyst in the process of
social transformation of people wherein the dilution of caste inequalities, protective measures for
the weak and vulnerable sections, providing for the dignified existence of those living under
unwholesome conditions, etc, are the illustrious examples in this regards.

V. LAW AND

SOCIAL CHANGE IN INDIA

Social change involves an alteration of society; its economic structure, values and beliefs, and its
economic, political and social dimensions also undergo modification. However, social change
does not affect all aspects of society in the same manner.While much of social change is brought
about by material changes such as technology, new patterns of production, etc, other conditions
12 Jenkins, R. 2002. Foundations of Sociology, London: Palgrave MacMillan, p. 66

are also necessary. For example, like we have discussed it before, legal prohibition of
untouchability in free India has not succeeded because of inadequate social support. Nonetheless,
when law cannot bring about change without social support, it still can create certain
preconditions for social change. Moreover, after independence, the Constitution of India
provided far-reaching guidelines for change. Its directive principle suggested a blue-print for a
new nation. The derecognition of caste-system, equality before the law, and equal opportunities
for all in economic, political and social spheres were some of the high points of the Indian
Constitution13. Some areas where law has given the influence for social change are:
1. Area of agrarian reform policy and legislation14;
2. Area of implementation of untouchability abolition law15;
3. The normative aspects of employment and educational reservation for the scheduled
castes and scheduled tribes under the Constitution;
4. The allied field of abolition of bonded labour 16;
5. The problem of substantive impact of changes in the family law marriage, equal rights of
women to inheritance and dowry17.
The law through legislative or administrative responses to new social conditions and ideas, as
well as through judicial re-interpretations of constitutions statues or precedents, increasingly not
only articulates but sets the course for major social changes.
The law is one of many responses to such change. In certain respects it is the most important,
since it represents the authority of the state, and its sanctioning power. The legal response to a

13 Timasheff, Nicholas S. (1939) An Introduction to the Sociology of Law (Westport,

Greenwood Press reprint, 1974).
14 Ibid 13
15 Ibid 13
16 Timasheff, Nicholas S. (1939) An Introduction to the Sociology of Law (Westport,
Greenwood Press reprint, 1974).
17 Ibid 16

given social or technological problem is therefore in itself a major social action which may
aggravate a given problem or alleviate and help to solve it.

SOCIETY WITHOUT LAW

The law is important for a society for it serves as a norm of conduct for citizens. It was also
made to provide for proper guidelines and order upon the behaviour for all citizens and to sustain
the equity on the three branches of the government. The law is important because it keeps the
society running. Without law there would be chaos and it would be survival of the fittest and
everyman for himself. Not an ideal lifestyle for most part. The law is important because it acts as
a guideline as to what is accepted in society. Without it there would be conflicts between social
groups and communiies. It is pivotal that we follow them. The law allows for easy adoption to
changes that occur in the society. As time changes so will a law. Laws are constantly being
amended when needed. People may not agree with a certain law but that is just the way society
works. Laws are generally based on common sense, e.g., Don't drive drunk, respect others and
their belongings and the like. Generally if all people at all times followed common sense, laws
would not be necessary. Other laws are used to regulate things such as trade, immigration and
sales .We all know that the law is very important in the society. It is a must in order for a society
to maintain peace and remain problem-free. Law is man-made, therefore it is in us if we will
follow it or not. If we do not follow the law, it doesnt mean we will die, so nature has nothing to
do with the laws of man. The law can give protection to the victims and will punish those who
have done unlawful actions. We do not have any option, where we can choose from, if we
disobey, then, we have to face the consequences. If a society wont have a system of law on it
that will control how the people handle their lives, then there would not be a society to live in.
People will be able to make decisions that will solely be based on their principles, then they
would be able to commit crimes if they want to, steal, murder, damage, bully, rape, trespass, and
even terrorize whatever or whoever or whenever they want to, and nothing would be done about
it at all.Therefore, it will be a disaster if people in a society execute actions which solely based
on their principles. If there is no law, nothing will stop the people from doing things that they
wan. With that, they will be free to do anything in revenge. It will be vice versa for they know

that they could totally get away into anything they do, even if it is bad and unlawful. Eventually,
the society will be full of crime, murders and illegal actions. Should there be no rules in a
society, then even a simple waste disposal process will be a big problem that could affect the
whole world18. If not done properly, it may lead to diseases that can kill the human race. The
supply of water could also be affected if there were no rules. No one will work to maintain its
cleanliness since they may turn into doing things that may easily pay them more even though it is
not right at all. No one will cure us when we are ill and help us in times of trouble. In the end,
each of us will find our own ways to live and survive. Simply put, itll be like a war zone.This
merely shows how important it is to have a system of law in a society to regulate good
relationship with each other, even for those with conflicting interests. This is the only procedure
that could ensure that the human rights are respected. If we wont have laws, our society would
not be able to function effectively. Crimes will become such an everyday occurrence that
children will grow up and will then find it normal, which is not desirable for our future
generations. That is why the law is very important, since it ensures the safety of our future
generations. Law is a form of Social Science. Society and law are closely related to each other.
Law tells the nature to live the social life and this also increases with the economic, scientific and
technological progress. Law also changes with social changes and plays an important role in the
fulfilment of social needs.So for the fulfilment of social need, there is a provision by
constitutional amendment and this is the responsibility of judiciary that the law which violates
the constitutional provisions, public interests and fundamental rights should be declared void.
Legal reforms have been at the centre of the agenda for strategizing gender justice in India.
Uniform Civil Code is merged in the Article 44 by the Indian Constitutio19n as a result of social
change. It signifies a uniform code of conduct without discriminating over caste, religion,
parentage, community and cultural recognition for all citizens of country and also Article 21
regarding Protection of life and personal liberty as a result of social change.In this article new
prison jurisprudence, Right to Speedy Trial, Right to Free Legal Service, Right to Human rights.
Law is a medium through which social objects can be achieved. So, change of law is must with
social changes, otherwise law will be of no value. Law is rooted in social institutions and in
18 Venugopal,T.K, law and society, sociology for law students,1st ed, 1988, p 230
19 Ibid 18

socio-economic network. These social factors influence the course of law or the direction of legal
change. This is the outcome of personal and social interactions which are variable and often
unpredictable. At the same time, law may itself change norms in various ways. For example, in
free India, legal abolition of untouchability is an attempt to change a long-standing social norm.
Yet it has not succeeded much because inadequate social support. Thus there is a reciprocal
relationship between law and society. The term social change is also used to indicate the
changes that take place in human interactions and inter-relations. Society is a web-relationship
and social change obviously means a change in the system of social relationship where a social
relationship is understood in terms of social processes and social interactions and social
organizations. Thus, the term, social change is used to indicate desirable variations in social
institution, social processes and social organization. It includes alterations in the structure and
functions of the society. Closer analysis of the role of law vis--vis social change leads us to
distinguish between the direct and the indirect aspects of the role of law.
1. Law plays an important indirect role in regard to social change by shaping a direct impact on
society. For example: A law setting up a compulsory educational system.
2. On the other hand, law interacts in many cases indirectly with basic social institutions in a
manner constituting a direct relationship between law and social change. For example, a law
designed to prohibit polygamy.

Law plays an agent of modernization and social change. It is also an indicator of the nature of
societal complexity and its attendant problems of integration. Further, the reinforcement of our
belief in the age-old panchayat system, the abolition of the abhorable practices of untouchability,
child marriage, sati, dowry etc are typical illustrations of social change being brought about in
the country trough laws. Law is an effective medium or agency, instrumental in bringing about
social change in the country or in any region in particular. Therefore, we rejuvenate our belief
that law has been pivotal in introducing changes in the societal structure and relationships and
continues to be so. Law certainly has acted as a catalyst in the process of social transformation of
people wherein the dilution of caste inequalities, protective measures for the weak and
vulnerable sections, providing for the dignified existence of those living under unwholesome

conditions etc. are the illustrious examples in this regard. Social change involves an alteration of
society; its economic structure, values and beliefs, and its economic, political and social
dimensions also undergo modification. However, social change does not affect all aspects of
society in the same manner. While much of social change is brought about by material changes
such as technology, new patterns of production, etc., other conditions are also necessary. For
example, as we have discussed it before, legal prohibition of untouchability in free India has not
succeeded because of inadequate social support. Nonetheless, when law cannot bring about
change without social support, it still can create certain preconditions for social change.
Moreover, after independence, the Constitution of India provided far-reaching guidelines for
change. Its directive principle suggested a blueprint for a new nation. The derecognition of the
caste system, equality before the law and equal opportunities for all in economic, political and
social spheres were some of the high points of the Indian Constitution.

The Relationship between Law and Society:

Theorists have traditionally maintained that there are certain broad views on the substantive
criminal law. One set of such constraints concerns the sorts of behaviour that may legitimately be
prohibited. Is it proper, for example, to criminalize a certain kind of action on the grounds that
most people in ones society regard it as immoral? The other set of constraints which concerns
what is needed in order to establish criminal responsibility that is liability, independently of the
content of the particular statute whose violation is in question. Legal system reflects all the

energy of life within in any society. Law has the complex vitality of a living organism. We can
say that law is a social science characterized by movement and adaptation. Rules are neither
created nor applied in a vacuum, on the other hand they created and used time and again for a
purpose. Rules are intended to move us in a certain direction that we assume is good, or prohibit
movement in direction that we believe is bad.The social rules are made by the members of the
society. Disobedience of the social rules is followed by punishment of social disapproval. There
is no positive penalty associated with the violation of rules except excommunication or
ostracism. On the other hand, law is enforced by the state. The objective of law is to bring order
in the society so the members of society can progress and develop with some sort of security
regarding the future.The state makes laws. Disobedience of state laws invites penalty, which is
enforced by the government by the power of the state. What is not enforceable is not Law. Law is
a system of rules and guidelines which are enforced through social institutions to govern
behavior , wherever possible. It shapes politics, economics and society in numerous ways and
serves as a social mediator of relations between people. Contract law regulates everything from
buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations
related to the transfer and title of personal and real property 20. Trust law applies to assets held for
investment and financial security, while tort law allows claims for compensation if a person's
rights or property are harmed.

If the harm is criminalized in legislation, criminal law offers means by which the state can
prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the
protection of human rights and the election of political representatives. Administrative law is
used to review the decisions of government agencies, while international law governs affairs
between sovereign states in activities ranging from trade to environmental regulation or military
action. The legal response to a given social or technological problem is therefore in itself a major
social action which may aggravate a given problem or alleviate and help to solve it.

20 Venugopal,T.K, law and society, sociology for law students,1st ed, 1988, p 241

SOCIOLOGICAL ASPECT OF LAW

The sociology of law became clearly established as an academic field of learning and empirical
research after the Second World War. After World War II, the study of law was not central in
sociology, although some well-known sociologists did write about the role of law in society. In
the work of the Talcott Parsons, for instance, law is conceived as an essential mechanism of
social control. In response to the criticisms that were developed against functionalism, other
sociological perspectives of law emerged21. Critical sociologists, developed a perspective of law
as an instrument of power. However, other theorists in the sociology of law, such as Philip
Selznick, argued that modern law became increasingly responsive to a society's needs and had to
21 Selznick, P. (1965) "The Sociology of Law" in Sociology Today edited by Robert
Merton et al. New York: Harper and Row.

be approached morally as well. Still other scholars, most notably the American sociologist
Donald Black, developed a resolutely scientific theory of law on the basis of a paradigm of pure
sociology. Equally broad in orientation, but again different, is the autopoietic systems theory of
the German sociologist Niklas Luhmann, who sees law as normatively closed, but cognitively
open system. Social philosopher Jrgen Habermas disagrees with Luhmann and argues that the
law can do a better job as a 'system' institution' by representing more faithfully the interests of
everyday people in the 'lifeworld'. Yet another sociological theory of law and lawyers is that of
Pierre Bourdieu and his followers, who see law as a social field in which actors struggle for
cultural, symbolic and economic capital and in so doing develop the reproductive professional
habitus of the lawyer. In several continental European countries empirical research in sociology
of law developed strongly from the 1960s and 1970s. In Poland the work of Adam Podgrecki
and his associates (often influenced by Petrazycki's ideas)22 was especially notable; in Sweden
empirical research in sociology of law in this period was pioneered especially by Per Stjernquist,
and in Norway by Vilhelm Aubert23.
In more recent years, a very wide range of theories has emerged in the sociology of law as a
result of the proliferation of theories in sociology at large. Among the recent influences can be
mentioned the work of the French philosopher Michel Foucault, the German social theorist
Jrgen Habermas, feminism, postmodernism and deconstruction, neo-Marxism, and behaviorism.
The variety of theoretical influences in the sociology of law has also marked the broader law and
society field. The multi-disciplinary law and society field remains very popular, while the
disciplinary speciality field of the sociology of law is also "better organized than ever in
institutional and professional respects.

22 Ibid 21
23 Ibid 21

FIELD WORK.
Personal information
Name: Suraj Das
Age: 34
Sex : Male
Maritial status: Married

Occupation: labour
Place of work: Hajipur, vaishali
Q. what do you know about law?
A. no we dont know about the law.
Q. Do you believe in law and police?
A. no
Q. What is the reason behind this?
A. because my father was filled a case in the court for land recovery, but the police was very
corrupt and the police officer forced my father to cancel the case. We dont know about courts ,
laws, police very much, because we are very poor and not educated so how can we fight.
Q. when you have any problem do you try for legal remedy?
A. No
Q. how much time law takes to provide you justice?
A. we have seen in my villages that it takes indefinite time. No one is sure among us about the
time taken by the judiciary of this country.

Q. You dont want to go to legal institution for legal justice. Why?

A. Because the police is very corrupt. When we go for complain and for an F.I.R, he demand
some money like 400-500, and no one can predict about the time and the money . We are poor
people how can we manage all those things. We work whole day only for meal of 2 times. We
are not so powerful and have support of political leaders.
Q. Do you know about the BPL cards?
A. Yes we know but there is a mediator who give us rice, wheat, etc on his own rate, not on what
government fixed.
Q. Do you know about your rights and duties?

A. no
Q. Do you know about the schemes running by the government for poor people?
A. no
Q. If you dont get the facilities provided by the government for your welfare. Then why dont
you go to the lawyers and courts?
A. We are very poor people , we dont have much ideas about court process, lawyers , litigation,
the police is very corrupt, police is the puppet of the politicians .

Personal information
Name: Adv. Suraj kumar
Age: 28
Sex : Male
Maritial status: Married
Occupation: lawyer

Place of work: Hajipur

He told the researcher that there the working of law is to make the equality among the unequal.
The person are deprived by the dabang person and not holding the actual right . this is the work
of law to equalize everyone. To make the situation of rule of law, like eutophia . when the
researcher ask about the reasons behind the unaware of people of their rights and duties. Then
the reasercher got the answer is that the reason is illiteracy. People is not educated thats why
they dont know all these things. People dont want to complain in the police and they want to
bear the losss, because there are some loopholes in the governance, there are some people who
is corrupt, but some educated people come to court. People want to use negotiate process.
People want very easy process for getting justice, they dont have time and money. According to
lawyer law is not running very smoothly in the society, and this is impossible to be of 100%. It
is only 60%. He said that it is our duty to save everyone who come to us for justice , so this is
our profession.

Personal information
Name: Kumari Prity
Age: 28
Sex : Female
Maritial status: Unmarried
Occupation: Government employee
Place of work: Muzaffarpur

When the researcher talk to a working women named kumari Prity, then the researcher came to
know that the how the police and the railway is corrupt. Miss prity is a government employee
and she everyday use train to cover the distance between her home to working place. When the
researcher asked about the law, she replied that she know what is law, she know the rights and
duties, when the researcher ask about the smoothly running of law in society then a different
scene is came up and she replied she use to go to her working place from her house by train and
she usually see that the Ticket examiner are very corrupt. When they are on duty of checking the
ticket then if someone is travelling without ticket, as it is usually happen then the , then that

officer charged fine but not give the challan or receipt. All the money collected by that officer is
in pocket of that officer. This is the scene of Indian railway. One police officer on the condition
of not to disclose the the identity of that officer that the polititions are the responsible for the
corruption , they use to manipulate the laws according to them. The officer told to the
researcher that we use to take a bribe because our salary is not so enough to fulfill our needs. The
powerful and the rich person is the real power because thay manipulate the law accordin to their
needs. Many times the police caught the criminals but what happen, the politician calls the police
to release that criminals because he is the worker of his party, he is supporter or may be some
relatives of that politician. According to that police officer the politician and the rich people are
the real power. Rich people with the help of money can do any thing else. Basically they use to
rule on the deprived section of society.
One prominent criminal lawyer of hajipur court gives me his interview but one condition that the
researcher wont disclose his name then he told me the present scene of law. He told me that law
is good but the powerful persons made the law to the puppet of theirs hand. People who are
very innocent in nature is not capable to fight a litigation in our country, because the judgment is
not coming very early , and it will take too much time and money both. The mass of the people
of this country is not so rich and not pursuing the lavish life , they dont have too much time for
litigation because if they do so they wont have a piece of bread to eat at the ending of the day.
How they fight any litigation for the justice is not possible for all the persons. There is a
provision of free legal aid under article 39A, but how many people know about that , there is
alack of good governance in the society. the government clearly know yhis if the people know
the rights yhen they can sue the politicians, the rich persons, because they the people who is
responsible for the corruption in our society but they are undercovered by the illtracy of the poor
people and the fear of the people about litigation.

CONCLUSION
Legal system reflects all the energy of life within in any society. Law has the complex vitality of
a living organism. We can say that law is a social science characterized by movement and
adaptation. Rules are neither created nor applied in a vacuum, on the other hand they created and
used time and again for a purpose. Rules are intended to move us in a certain direction that we
assume is good, or prohibit movement in direction that we believe is bad. So, we can say that
rules had to be change according to the roles of the society. Law also reflects the society. Such
as, in Saudi Arabia law are based on Quran and Sunni. In Bangladesh property act, marriage act
and many other act based on the Quran and Sunni. Also when emergency arise, then according to
the social condition the law is also changed by the Government. So, we can say that, the
relationship between law and society are interrelated.
The hypothesis of the researcher is wrong . before doing the research the research hypothyse that
the law is running very smoothly in the society . but while doing the research and the interview
of the lawyer, working people, the poor people researcher came to know the very different
picture. Initially researcher was thought that the law is the biggest weapon of the society, no
doubt it is, but only for the politicians, rich people. They make the law as the puppet of their
hands, they can do anything else whatever they want. Recently in a prominent newspaper, there
was a news in that a boy try to molestate a girl but police couldnt arrest that boy due to some

political pressure. On the one hand we are talking about the rule of law , but on the other hand
the innocent person cant do anything against wrong, so where is the rule of law. Is it the law ?
no, this is not a law. Law is that rule which show the equlity of everyone not on the basis of
rece, sex, caste, social status, not which show biasness towards politicians and the influencing
peoples. Law must show the rule of law, but in present scenario where is the law. In the
prominent case of Mumbai girl case in that case the two girls were caught by the police only by
the pressure of shiv sena , one girl wrote a very good thing on her facebook wall and another girl
just liked that status. Which was very true about the bala saheb thakre. Is this a rule of law , no
his is not a rule of law this is monarchy. The people including public servants just ignore the rule
of law, even if it is for acts of or omissions which are not difficult to follow or that they should
be a part of the normal routine. Everyone is in a rush without any kind of concern for the rest.
Everyone wants to be first. Majority have a psyche to bend the law, cross the barricades, whether
it be on the road or in any other walk of life to carve out short cuts for them to pass through and a
psyche to justify their wrongs with a expectation only for others to follow the law and wait for
the day when all other subject themselves to the rule of law so that they could follow suit. There
is no initiative by the government to check such a breach. It is not the rules which are required
for such acts but norms coupled with awareness will suffice. I am not talking about any kind of
formal structure to this but an informal initiative is the need of the hour because people in India
just dont believe in formal initiatives. From the ordinary traffic constable to the man driving a
bicycle on the road, the pedestrian to the richest all of us as Indian have one psyche to bend the
law, cross the barricades, whether it be on the road or in any other walk of life to carve out short
cuts for them to pass through and a psyche to justify their wrongs with a expectation only for
others to follow the law and wait for the day when all other subject themselves to the rule of law
so that they could follow suit. So, we still are not ruled by LAW and it will be a long wait
without an initiative.

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