THE NORTHCAP

UNIVERSITY
            

 
Jurisprudence CRE Report
 

TOPIC: - Law as an instrument for Social Change

 
 
 
Submitted To: -                                           Submitted By:-

Shreya Manchanda (19LLB074)

Nidhi Garg (19LLB096)

 
 HISTORY
Many changes were made by several persons in society through the social revolution. First,
abolition of sati was initiated by Raja Ram Mohan Roy. The British Government aimed to
abolish the sati system i.e. live burning of widows and announced it as culpable homicide. It was
applicable to Bengal Presidency only, later on extended to Bengal and Bombay Presidencies.
Practice of widow remarriage and women education was initiated by Ishwar Chandra
Vidhyasagar and was the programme of Brahma Samaj. Several Steps were taken to encourage
women remarriage by establishing colleges and universities for women. Practice of slavery was
also abolished in India under Charter Act, 1833 also it was declared illegal. Amongst the upper
class Bengalis and Rajputs female was a burden and practice of female infanticide was common.
To abolish this practice the Bengal Regulation Act, 1795 and 1804 declared that killing of female
infants is illegal. In 1872 Native Marriage Act came into force for prohibition of child marriage
but was not sufficient because it was not applicable to Muslims, Hindus and other several
religions. In 1891, the marriage of girls below the age of 12 was prohibited by the enactment of
the act of Age of Consent. After a long period of time the Child Marriage Restraint Act came
into force and changes the age of marriage for girls 18 years and for boys 21 years.
 SOCIAL CHANGES

Prohibition of Dowry
In India, on 1 May, 1961, Dowry Prohibition Act came into force with the objective to prevent
the giving or accepting of a dowry. As per Dowry Prohibition Act, dowry includes goods or
money, property given by either party to the marriage. Especially in the Hindu Marriage, dowry
is given by the bride side on the demand of another party i.e. groom side. The Dowry Prohibition
Act is applicable on religions in India. In a broader sense, the actual text of the Dowry
Prohibition Act was found to be insufficient restraining the practice of dowry. On failure to
fulfill the demands of dowry, the violence against women continued in various ways. Therefore
in 1984, an amendment took place to mention that gifts given to groom or bride is permitted at
the time of wedding. The law required that a list is to be made mentioning each gift, its value,
identity of the person who is offering, and person’s relation to the party. Under Indian Penal
Code various sections were amended to protect women who are victims of violence due to
dowry. In 2005 legal protection to women was provided under the Protection of Women from
Domestic Violence Act. 
Amendment in the Dowry Prohibition Act, mentioned about the maximum and minimum
punishments for giving and accepting dowry and also imposed a penalty on those demanding
dowry. Under the Indian Penal Code, section 304B provides that dowry death is a punishable
offense and other crimes like cruelty due to dowry, abetment of suicide. These provisions
provide punishment for violence against women by their husband and in-laws family, when it is
proof is shown regarding demand of dowry or any harassment because of demand of dowry.1     

Speedy trial for prisoners

1
https://www.britannica.com/event/Dowry-Prohibition-Act
In India, cases go on for a long period of time whether it is a criminal case or civil case. To
safeguard the rights of prisoners and to provide justice to the victim, speedy trial is very
important and fair and just trial. 
After independence for a long time, courts were not concerned about the long period of trials and
the time undertrial prisoners spent in prison, but the prosecution should justify the long detention
of undertrial prisoners. 
In the case of Hussainara Khatoon v. Home Secretary, 1979, a petition was filed by a large
number of people even including children who were behind bars for a long period of time
waiting for the trial to be over and if the offense is proved would not warrant punishment for
more than a few months. In this the Apex Court held that under Article 21 of Constitution of
India the “right to a speedy trial” is part of right to life and personal liberty. The court also stated
that it is mandatory for prisoners to get early access to bail, sufficient humane conditions, and
reduction in time for trial from the time of arrest. 
As interpreted in the Maneka Gandhi case, this court observed that a procedure cannot be
regarded as reasonable, fair and just which cannot lead to reasonable and early trial.2 

Domestic violence
In India a important step was taken to allow domestic abuse as a punishable offense through the
Domestic Violence Act, 2005, it also provided relief for the victims. Under Section 498A of the
Indian Penal Code, a woman who is the victim of domestic violence has the right to file the
complaint. She also has the right to shelter homes, medical requirements and aid from the
police. 
If any of the rights of aggrieved women is violated by the husband, he will be liable for
punishable offense as per Section 498A of the Indian Penal Code, along with the punishment
provided under this Act For the violation of rights of aggrieved women imprisonment can extend
to one year or a fine of Rs. 20,000 or both.3

Monogamy under Hindu Marriage Act

2
https://www.google.com/amp/s/blog.ipleaders.in/right-speedy-trial-inalienable-right-article-21-indian-
constitution/%3famp=1
3
https://www.sethassociates.com/domestic-violence-act-for-womens-empowerment-in-india.html
Earlier bigamy was in practice where men were allowed to marry more than one woman when he
was already married to one woman. Under the Hindu Marriage Act, bigamy was prohibited
under the provision of Section 5 (i). Monogamy was introduced where a person is allowed to
have only one wife or husband at a time. Bigamous marriage is void under Section 11 and
Section 17 provides punishment for bigamy for both male and female and offense under IPC,
section 494 and 495. Therefore bigamy is an offense under section 5(i) of the Hindu Marriage
Act. In case of bigamy, only the aggrieved person can make complain. In case the wife is the
aggrieved party, her farther can complain for the offense of bigamy because he is the lineal
ascendant.4 
Education for prostitute’s children 

Education is the way to change the mindset of the society towards sex workers in our society.
Through education children can help their mother or any family member to leave such an
occupation. Education for these children might tough due to discrimination against them because
of their mother or family involved in such job or an occupation, teachers also misbehave with
those children, and they may also go through ill-treatment done by their classmates or school
authority. 
The National Commission for Protection of Child Rights (NCPCR) thought for some guidelines
to give proper care and protection by providing those children separate schools and hostels,
where they will not face any discrimination and not feel isolated. 
Juvenile Justice Act, 1986 has mentioned about children who need care and protection and the
“child needs care and protection” was added though the amendment made in 2000, under section
2(14). Children of prostitutes get oppressed for sexual abuse is an illegal act. It also violates the
human rights of a child. There are high chances that children raised in such surroundings get
exploited and their mindset can divert into criminal activities. The main objective of this Act is
to provide laws related to proper protection, care, treatment, and development of children. 
Children should be provided with shelter, they should live in observation, a place where safety is
efficient as provided under Section 30 of the Act. As per Section 35 of the Act a prostitute
mother can hand over her child for his care and protection to the welfare committee. Section 39

4
https://thelegallock.com/rule-of-monogamy-under-indian-laws-a-scrutiny/
provides imposition of certain rules for rehabilitation of those children as per the guidance of the
welfare committee.5 

Rehabilitation and Welfare of prisoners

For rehabilitation and welfare of prisoners, a number of initiatives have been taken by many
states under the direction of the Central Government. Education for prison mates to provide a
better approach to the psyche of accused and development of a respectful attitude towards the
society. Access to the library in the central jail of Hisar, which is looked upon by the lady teacher
deputed by the District and Sessions Judge, she counsels them.
Various measures taken by the prison department of Haryana to improve health care facilities
and sanitation, meditation and yoga among prisoners, awareness about Swachh Bharat Abhiyan.
Hospital facility is provided within the prison area. One of the significant rehabilitation measures
is training. Vocational training in the prisons of Haryana is provided with the assistance of NGOs
and technical education departments of Haryana like electricity work, plumbing, hair cutting,
painting, repairing of motorcycles and handicrafts. Prisoners are also engaged in labor work in
the prison premises and get wages for their work according to their skills. For skilled, semi-
skilled and unskilled prisoners wages are paid per day to the convicts i.e. Rs. 60, 50 and 40
respectively. Prisoners are also provided with legal aid through free legal aid society. Members
of the legal aid society visit the jail and meet prisoners to listen to their problems to undertake
their case in the court.6 

Laws for rape accused 

Under section 376 of the Indian Penal Code punishment for rape is provided. Punishment of
rigorous imprisonment which is not less than 7 years, and may extend to life imprisonment. In
2018, capital punishment was allowed for the accused of raping children under the age of 12. 

5
https://www.google.com/amp/s/blog.ipleaders.in/rights-children-sex-workers-india-need-rethink/%3famp=1

6
http://journal.lawmantra.co.in/wp-content/uploads/2019/09/1-1.pdf
The Delhi Gang rape case is known for the capital punishment imposed on the accused. The
Supreme Court said that the heinous offense of rape and how brutally it is committed cannot be
ignored and no scope of reformation, hence accused should be liable for punishment of death.

CONCLUSION

It can be concluded that various changes have been made in the society by the enactment of
various laws for different social practices. The Dowry Prohibition Act, mentioned about the
maximum and minimum punishments for giving and accepting dowry and also imposed a
penalty on those demanding dowry. Under Article 21 of Constitution of India the “right to a
speedy trial” is part of right to life and personal liberty. The court also stated that it is mandatory
for prisoners to get early access to bail, sufficient humane conditions, and reduction in time for
trial from the time of arrest. For rehabilitation and welfare of prisoners, a number of initiatives
have been taken by many states under the direction of the Central Government. A prostitute
mother can hand over her child for his care and protection to the welfare committee. Children of
prostitutes also have the right to education and all human rights.