INTERNAL ASSESSMENT – I

INDIAN LEGAL SYSTEM

ASHAM SHARMA
DIVISION – E
ROLL NO – 491
 PRN NO- 17010126491

WHAT IS LAW?

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. Merriam-Webster defines law as: "Law is a binding custom or
practice of a community; a rule or mode of conduct or action that is prescribed or formally
recognized as binding by a supreme controlling authority or is made obligatory by a sanction
(as an edict, decree, rescript, order, ordinance, statute, resolution, rule, judicial decision, or
usage) made, recognized, or enforced by the controlling authority.1

IT’S IMPORTANCE IN THE SOCIETY:-

Laws are important because they keep a society together and functioning. Laws strive to
maintain peace and safety among people and provide ways to resolve issues that do arise
among individuals. Laws exist to protect people from each other and from themselves as well
as to protect the government from harm, to promote certain values and to provide goods and
services.

Questions have been asked about the importance of law in society for years across many
nations in the world. To begin with, law is very important to maintain peace and uphold the
civility of a society. It has often been seen as a guidebook for public conduct and if it was not
for law, incidents would have taken place without any fear of repercussion. Without law,
chaos and conflicts would be all over a society because firstly there would not have been a set
of guidelines to monitor people’s behavior and secondly, people would not have been
punished for all their wrongdoings.

Laws are also important as a symbol of hope because people can depend on laws whenever
they are wronged and seek justice. It is the legal system of a country on which people are

1
References: WikiPedia
dependent and can approach the courts regarding matters where they have been wronged.
Despite the existence of laws, at times criminal activities do take place. It is then again up to
the legal system to ensure that people get proper justice, compensation and the perpetrators
are punished accordingly. If it wasn’t for law, seeking justice would have been a problem.
Worse, people might have taken it up to themselves to punish perpetrators.

The importance of law in the society cannot be spoken about without mentioning how law
also helps to keep powerful people in check. Politicians, policemen and others civil servants
wield a lot of power and can abuse it. It is only the fear of law and law’s indiscriminate
nature that stops them from misusing or exploiting their power. Law views everybody as
equal and both a layman and a powerful minister is equal in the eyes of the law. thus law is
supreme once it comes to keep powerful people in check as their wrong actions can be judged
and scrutinized by law.

Law conjointly helps individuals from malevolent organizations or firms that try to exploit
the general public or public resources for his or her own profit. we frequently stumble upon
scams wherever organizations exploit public cash for his or her own money profit. Law helps
in making certain those that not solely area unit such perpetrators reproved however people
conjointly receive correct justice within the style of compensation and if needed, anything.
it's been established in additional than one case however and why law is thus vital. Not just
for the functioning of the society, however law serves numerous alternative responsibilities
additionally.

CONCEPT OF LAW:-

Law is a briefing of standards that area unit created and upheld through social or legislative
institutions to manage behaviour. Law as a framework directs and guarantee that a bunch
demonstrate regard, and balance among themselves. State-upheld laws may be created by
associate combination law creating body or by a solitary administrator, conveyance regarding
statutes, by the official through pronouncements and directions, or designed up by judges
through purpose of reference, unremarkably in precedent-based law purviews. personal
people will create lawfully proscribing contracts, together with discretion understandings that
will prefer to acknowledge elective assertion to the everyday court method. The arrangement
of laws themselves can be full of a constitution, composed or unexpressed, and also the rights
encoded in this. The law shapes governmental problems, money matters, history associated
society in numerous ways in which and fills in as an arbiter of relations between individuals.
LAW AS A SOCIAL CHANGE AND ANALYSIS:
Social amendment, the dependent variable in this inquiry, is similarly tricky to define. A
common objective is to measure how society changes as the result of legal change, but there
is no consensus about what constitutes social change. Social change resulting from law can
include redistributing resources among social groups, reconfiguring social practices and
interaction (disputing, collective action, and organizations), or reconstituting social meanings
(definitions, constructs, values, and norms). Differences in empirical and epistemological
approaches generate differences in conceptualizing social change; for example, studies may
rely on quantitative or qualitative measures, and focus on direct or indirect changes resulting
from law.2

The intervening nineteenth century was polar in this it saw the initiation of this method that
caused a vast transformation within the non secular, social, economic, political and cultural
spheres of Indian society. several interconnected factors wherever in what during this
transformation.The British rule influenced Indian life through several channels:
administration, legislation, treads, new systems of communication, formative industrial
enterprise and urbanisation, all has nice influence of the society as an entire, as a result of
each live in how interfered with some ancient patterns of life.The assemblage of those
influences on the life and ideas of the individuals forced them to regulate their patterns of life
to the new circumstances so touching a time of social modification.The socio-religious
reformers of Republic of India conjointly the} scholar’s educators and missionaries of the
west also contributed to the current transformation of society.But they usually required the
support of the govt the only authority to enact or repeal any laws, the laws that are vitally
instrumental in effecting social changes of varied types through with variable degrees.Law is
usually outlined because the set of principles and laws established by a Government and
applicable to land, whether or not within the variety of legislation or of custom and policies
recognised and implemented by due process of law3.It includes any written or positive rule or
assortment of rules prescribed below the authority of the state or nation or by the individuals

2
Albiston, Catherine R., and Gwendolyn Manriquez Leachman. "Law as an Instrument of Social Change."
(2015).
3
Rao, V., 2001. Celebrations as social investments: Festival expenditures, unit price variation and
social status in rural India. Journal of Development Studies, 38(1), pp.71-97.
in its constitution. In the light-weight of the higher than broad connotation of ‘law’, it are
often argued that no society or civilisation will seem and exist while not a definite corpus of
law. Even the sacred writing society of ancient Republic of India was no exception.I was by
and enormous Associate in Nursing egalitarian society with sufficient equality between men
and girls. There was least ranked division of society and extremely very little category or
caste snobbishness. In the later sacred writing amount, once the Dharmashastras (law-books)
appeared, women’s standing vis-a-vis men declined, the society witnessed ranked divisions,
the four fold divisions on the varnalines crystallized rank became exclusive preserve of the
kshatriyas, the Brahmin domination over different castes was established.

All these got sanctions of the Dharmashastras with the support of the ruling authorities. Later
Dharmashastras and Government additional consolidated these changes.

Manu obligatory still a lot of restrictions and deprivations on girls and therefore the shudras.
He additionally prescribed completely different rites, rituals and norms on the occasions like
birth, marriage, death, etc.The entire society together with the higher strata followed them.
The climax came once the Indian society got social system character as a result of the law-
givers throughout the Gupta and therefore the post-Gupta periods, once plurality of the
society became pronounced.With the institution and social control of Muslim customs and
traditions, through they a lot of or less left the Hindu society alone, the Indian society saw
vertical divisions.However the rigidity of the Muslim law helped introduce a definite degree
of social rigidity amongst the Hindus and light-emitting diode to additional impositions upon
the Hindu girls.The rule of conversion within the Shariat offered many another disadvantaged
section of Hindu society a chance to boost their ton by change of integrity the ruling non
secular community.With the Muslim law in prevalence the Brahmin domination and
prominence within the society unfit rather low, particularly throughout the regions of Firuz
Tughlaq Sikander Lodl and Aurangzeb.The imposition conclusion and imposition of the Jizya
on the Jimmis, in keeping with Islamic law continually became the determinative think about
the link between the Hindus and therefore the Muslims. but the Law of Escheat within the
Mughal amount inspired social quality.On the complete, but in ancient and medieval times,
law as a declaration of old customs a codification of apply, instead of Associate in Nursing
instrument of social modification. Law and social reform became connected with the
emergence of ideas of liberal socialism and therefore the state of political philosophy.During
British rule, many laws settled far- reaching changes in Indian society. The Charter Ac of
1833 removed the legal barrier on the establishment of Republic of India.Section eighty
seven of his Act altogether abolished the construct of any governing caste, sect or sex, i.e.
discriminations of varied sports publically appointments were removed. By Act V of 1843
slavery was abolished in Republic of India.The proclamation of British Crown (1858)
brought all the Indian subjects on equal footing no matter caste, sect or sex.4The principles of
the rule of law and therefore the equality before law, as introduced by land, gave a jolt o
numerous divisions and sub-divisions within the society.This crystal rectifier to the formation
of larger social commonness and other people began to feel as a nation. Obviously, the
observe of caste got satisfied, to associate extent.Besides, numerous laws were passed that
improved the conditions of ladies in December 1829 the observe of sati was declared illegal
and punishable by criminals court as guilty killing.This helped to wipe out the evil observe of
sati, tho' stray cases might need occurred here and there.The geographic area laws XXI of
1795 and unwell of 1804 declared infanticide illegal and resembling committing a
murder,and an Act of 1870 made it compulsory for parents to register the birth of all babies
and provided for verification of female babies as practiced among the Bengalis and the
Rajputs.‘The Hindu Widows’ Remarriage Ac (1856) legalised the marriage of widows and
declared issues from such marriages as legitimate.In the long run, Act profoundly improved
the status of women, changed the sacramental nature of the institution of marriage and the
structure of family in Hindu society.

The shared Act (1930) provided for penal action in marriage of boys under 18 and of girls
under 14. This provided legal protection to those individuals who resented early marriages.To
begin with, its impact on the society remained limited. But later on, some examples by their
success in educational and career avenues, and Indian society, at least urban areas followed
the law.The permanent settlement of Bengal (1793) eventually created a new class of
zamindars in the Indian society and consolidated the position of the money-lenders.The
revenue system of the British Government impoverished the Indian peasantry and craftsmen,
and consequently their position in the social hierarchy declined-from land- owners and
entrepreneurs to the agrarian and industrial labourers.Later, that the rule that only the English
educated people could find place appointments led to the emergence of a new middle class in
Indian society.Similarly, there was much other legislation in the British period that influenced

4
References : http://www.shareyouressays.com/3891/short-essay-on-law-as-an-instrument-of-social-change
the society.In the post-independence era the Indian Government has taken numerous
measures that concern the society.The Constitution refuses to recognise the distinctions of
religions, sect, caste, sex etc. in the matter of the opportunities of civil life. It has largely
mitigated a number of evils resulting from the pluralistic nature of India society with regard
to religion and caste.Freedom of belief as a Fundamental Rights has made religion a personal
choice rather than its earlier compulsive and all-pervasive nature for a family or a group.
Untouchability has been rendered a criminal offence.Endogamous nature of casteism is now
on the wane as inter-marriages, even inter religious ones (The Special Marriage Act. 1954)
have been legalised.Reservations in jobs and freedom in the choice of vocations have
encouraged vertical mobility of many families, irrespective of their caste of class
affiliations.The Hindu Marriage Act (1955) has given a jolt to the traditional nature of the
institution of marriage i.e. marriage being indissoluble by containing the provision for
divorce.

The exceptional options of the Hindu Succession Act (1956) area unit recognition of the right
of girls to inherit property of AN intestate equally with men and abolishment of the life estate
of feminine heirs. This has conjointly modified the family composition as daughters and sons
are created equal even within the matter of in heritance. The extension of maternity edges to
widowed girls is additionally step by step dynamical the that means of family. Various labour
legislations just like the Factories Act (1948) the economic Disputes Act (1947) the Trade
Unions At(1928) etc. improved the standing of the category/labour/proletariat/class/social
class/socio-economic class and brought them at par with the bourgeois class of capitalists.The
critics opine that just the enactment of laws and even their social control, has restricted
impact on the society. They say that the agricultural areas are hardly littered with such
legislations, and even within the urban areas these laws don't seem to be productive on any
substantial scale.According to them, the transformation of society is AN method|biological
process} process, not a revolutionary one. So, law might lose its quality and graces
attributable to the non-compliance on the a part of the society.What they emphasise on
additional is that unless and till a law gets the sanction of the society as an entire it's going to
don't have any result. And logically, if the collective psyche is prepared for a modification
there's no would like for a law.During the Muryan and Mughal periods several laws were
published to result changes within the society. however once the individual ruler or kinsfolk
left the scene all the laws in respect of society lost their strength.Authoritarian government
area unit alleged to enforce laws additional tenaciously, however they even have been seen to
possess unsuccessful in transportation regarding social changes.That extend, even the
revolutionary laws brought in by land Asian country Government were created potential only
if enlightened Indians felt a requirement and campaigned for social reforms.Society
continuously seeks to guard its interest. So, whenever something is finished in its favour, it
cheerfully accepts the provide. Unless the law so reflects the hopes, aspirations and progress
of the society it will ne'er become.Hence the law as per the selection of alittle cluster of ruling
individual, while not winning the arrogance of the plenty, is sure to fail in its objective.We
even samples of laws meant to try and do sensible to the society having unsuccessful.
however this happens only if there's a large gap between the governing authorities and
therefore the folks particularly in reference to communication. If there's enough political can
progressive laws will result social changes. the ecu society these days greatly owes its kind
and color to the law. Very recently a British court granted 2 youngsters the proper to depart
their folks and continue to exist their own. within the collection, Turkey is that the most
revealing example.The improvement of the Turkish society was the results of the need of
Mustafa Kamal pacha UN agency took many measures within the terribly initial year of his
rule. The rule of Fidel Castro Ruz in Cuba is another such example. And in a very previous
era, didn’t the laws compiled in Shariat modification the society from Zaniliya to the Islamic
era? but it's going to be discovered that the leaders of such movements were very talked-
about and will carry their people with them.Even if laws themselves cannot result social
changes they'll give protection to people who endeavour to create positive changes in society
or give lawfulness and validity to those helpful changes having already taken place.The
utility of law in reforming society depends on the machinery to implement it. what is more, a
historically conservative society cannot settle for modification simply. No law will push
conservative society cannot settle for modification simply. No law will push it into acceptive
modification although we tend to take the laws against kid wedding and feminine infanticide;
we tend to notice that these unpleasant practices are tired. In such cases, we tend to cannot
expect the impulse for modification o return from society at larger. The enlightened should
ask for to teach and unfold awareness among the plenty. Unless cognitive content is
dispelled, law can stay within the statute books and no modification price its name can occur.
CONCLUSION: Socio legal literature provides no definitive conclusions concerning the
law’s role as Associate in Nursing instrument of social amendment, but it has provided
researchers with tips for constructing a a lot of nuanced understanding of the connection
between law and social amendment. The literature has emotional on the far side queries of
whether law matters for social amendment toward work the ways within which, and therefore
the mechanisms through that, law influences social amendment. The analysis conjointly has
emotional toward characteristic multiple styles of social amendment, as well as material and
symbolic changes, further as direct and indirect changes, and toward theorizing the
connection among these forms Scholarship addresses the law’s ability to get social
amendment in disparate social contexts and also the numerous cultural and institutional
factors that form what law can mean in follow. These queries involve staring at the
relationships among legal meanings, the social practices structured around those meanings,
and also the institutionalization of legal understandings that can promote radical amendment
or retrenchment. The productive empirical work investigation these processes provides
important theoretical frameworks for understanding however systematic factors might
enhance or constrain the potential for social amendment through law.