NATIONAL LAW INSTITUTE UNIVERSITY,BHOPAL

SUBJECT: LAW AND RURAL DEVELOPMENT

SEMESTER -V

PROJECT ON: CONCEPTUALISING LAW AND DEVELOPMENT

SUBMITTED TO: - SUBMITTED BY: -

Dr. BIRPAL SINGH UJJWAL JOSHI

(2019 B.A. LL.B. 70)
 Table of Contents
CERTIFICATE...............................................................................................................................2
ACKNOWLEDGEMENT...............................................................................................................3
INTRODUCTION...........................................................................................................................4
STATEMENT OF PROBLEM......................................................................................................5
HYPOTHESIS................................................................................................................................5
RESEARCH QUESTION...............................................................................................................5
OBJECTIVE OF STUDY...............................................................................................................5
RELATIONSHIP BETWEEN SOCITAL DEVELOPMENT AND LAW...................................6
PRIMARY EDUCATION...............................................................................................................8
UNTOUCHABILITY....................................................................................................................10
CHILD LABOUR.........................................................................................................................13
IMPORTANT AGENTS OF SOCIAL DEVELOPMENT OF RURAL INDIA........................15
EMPOWERNMENT OF WOMEN.............................................................................................17
CONTRADICTIONS OF SOCIAL CHANGE AND THE LEGAL SYSTEM...........................19
CONCLUSION AND SUGGESTION.........................................................................................21
BIBLIOGRAPHY.........................................................................................................................23
CASES.......................................................................................................................................23
BOOKS......................................................................................................................................23
REVIEW OF LITERATURE.......................................................................................................24
 CERTIFICATE

This is to certify that the research paper titled ― “CONCEPTUALISING LAW AND
DEVELOPMENT” has been prepared and submitted by UJJWAL JOSHI (2019 BALLB 70),
who is currently pursuing BA LLB (Hons.) at National Law Institute University, Bhopal in
fulfillment of Law and Rural Development (Semester V) course. It is also certified that this is an
original research report and this paper has not been submitted to any other university, nor
published in any journal.

Date-

Signature of the Student-

Signature of Research Supervisor-

 ACKNOWLEDGEMENT
“The project has been made possible by the unconditional support of many people. I would like
to acknowledge and extend our heartfelt gratitude to Dr. Bir Pal Singh for guiding us throughout
the development of this paper into a coherent whole by providing helpful insights and sharing his
brilliant expertise. I would also like to thank the officials of the Gyan Mandir, NLIU for helping
me to find the appropriate research material for this study via the online library it has provided
even in the desperate pandemic times.”

“I am deeply indebted to my parents, seniors and friends for all the moral support
andencouragement.”
UJJWAL JOSHI
2019BALLB70
 INTRODUCTION
The term "development" refers to a culturally distinct process of change aimed at increasing
one's quality of life. Emphasizes not only economic accomplishment to alleviate poverty, but
also a drive toward more socio-economic and political equality, by providing various sorts of
'having' that lead to more 'being1, and hence a higher chance of acceptance.The goal of this
article is to look at how legislation plays a role in this process. It seeks to show how a change in
law can make it more difficult for any law to get off the ground, or even for any law to get off
the ground at all. To achieve development in a society with restricted resources, social
management must be more or less thorough.Not only is change associated with development, but
it is also related to order. Because of the two-fold link, it is dependent on the law. Law aids or
hinders development by influencing, anticipating, or reflecting it.

The sum of explicit or implicit rules duct set for a given community on a specific region at a
specific period is known as law2. Law can help to accomplish socio-economic goals and social
philosophies by regulating social relationships. Simultaneously, it claims to produce a peaceful
order based on regularity and predictability, as well as the concept of justice. However, it can
only bind community members if its fundamental ideas have permeated consciousness and,
because it is viewed as at least not unjust, is recognised by the majority as binding and is largely
observed.Only to the extent that law influences human behavior (consciously or unconsciously),
does it come to life.

Law is established by generally recognised authorities with the authority to establish rules with a
broad scope and to enforce these norms through a range of fines and incentives. Laws are always
being passed, old ones are being interpreted differently, and in this paper, we will focus on the
second instance, where law in action changes despite the textual laws being the same.

1
Cf. Denis Goulet, The Cruel Choice : A New Concept in the Theory of development.
2
Wolfgang Friedmann, Legal Theory (1967).
 STATEMENT OF PROBLEM
The development of a society is measured in economic, socio-economic and political equality.
The legislation helps to elevate the society, butinterpretation of the law keeps on changing with
the effluxion of time. This has a very deep impact on society because although the law in action
changes the written law remains the same.

HYPOTHESIS
If the law is “just”, then it can establish a peaceful order, oriented towards regularity and
predictability enforcement, as well as the idea of justice.

RESEARCH QUESTION
1. What should be the measuring scale for the interpretation of a law?
2. How can law produce a peaceful order based on regularity and predictability, as well as
the concept of justice?
3. How can legislature either hinder development or initiate development?

OBJECTIVE OF STUDY
1. Understanding various type of inequalities and how are law interpreted on them.
2. Understanding the aspect of societal development and law.
 RELATIONSHIP BETWEEN SOCITAL DEVELOPMENT AND LAW
In today's world, one of the state's most important roles is to direct social and economic
development. This is certainly one of the most basic assumptions citizens have of those who
govern them3. The right to development is recognised as an intrinsic human right by the United
Nations General Assembly. It envisions three kinds of rights: first-generation rights (individual,
civil, and political rights); second-generation rights (economic, social, and cultural rights); and
third-generation solidarity rights (economic, social, and cultural rights) (i.e. collective
rights).The Declaration on the Right to Development of the United Nations General Assembly,
adopted on December 4, 1986, places the human person at the center of all development
processes and policies, as well as the primary participant and beneficiary of development. The
Declaration's Preamble calls on nations to take main responsibility for creating conditions
conducive to the realisation of the right to development.

The term “Development” as defined by the U.N in Declaration on right to development is:

“A comprehensive economic, social, cultural and political process, which aims at the constant
improvement of the well-being of the entire population and of all individuals on the basis of their
active, free and meaningful participation in development and in the fair distribution of benefits
resulting therefrom.”

A further examination of this definition reveals that seeing development solely in terms of
economics or the Gross Domestic Product is limited (GDP). Economic development, on the
other hand, should be considered as a means to a larger vision of human development. As a
result, development must be considered in its entirety. Individuals, groups, and collectives in
general participate in the collective aspects of development as a way of life4. The extent to which
this is provided for in a social system varies from country to country.However, the fundamental
starting point is that social development would entail giving people the individual and collective
ability to participate in national development decision-making, as well as the implementation and
monitoring of such programmes.

3
Yao Jianzong, Commentary on Law and Development Movement in U.S. Law Press (2006).
4
S.D. Pillay (ed.), Aspects of Changing India (1976).
In order to enable this concept of social growth, the government must play a key role in raising
public awareness and encouraging people to actively participate in the governing process. If this
most natural desire of people participation is not met, societies often show unrest and signals of
dissent. Development would entail not only substantive but also procedural changes. Both the
means and the ends are equally significant. As a result, the most desirable developmental model
will likely be one that combines democratic and participatory techniques, as well as a clear
delineation of responsibility and accountability.To support such a model, the state must construct
a set of conscious value choices based on the type of life that its citizens desire5.

This would entail bringing about societal change through legal or non-legal means. Traditional
bureaucratic models of change have been adopted by modernising states, prompting law and
society experts to investigate the difference between expected and actual change. However, these
models positioned government and bureaucracy as fundamental to the entire transformation
process. Individuals and groups turn to the higher court system when bureaucratic indifference
and delays undermine the people's goal of social and economic entitlements. As a result, courts
have recently been seen as crucial institutions in bringing about change through strategies like
public interest litigation (PIL) or proactive decision-making otherwise.

When one thinks of social progress in India, one thinks of slavery, bonded labour,
untouchability, deprivation of childhood for working children, illiteracy, and women's
subordination, among other things. All of these issues develop as a result of the existence of
sharply dominant groups in our society, where people exploit others owing to their superior
financial, muscular, or social power, among other things. The prevalence of these issues reflects
society's widespread lack of equality. Social development entails strengthening the oppressed to
the point where they can pull themselves up by their own bootstraps.The human person is the
central topic of the development process, and development policy should make the human being
the major participant and beneficiary of progress, as stated in the UN General Assembly
Declaration on the Right to Development, which was adopted on December 4, 1986. These
cannot be realised unless a framework is built that creates a level playing field and favourable
conditions for the realisation of the right to progress.

5
Marc Galanter, "The Aborted Restoration of Indigenous Law in India" Comparative Studies in Society and History
(1972).
Key area of social development in India
When one talks of social development in the Indian context, one is reminded of prevalence of
evils, among others, such as slavery, bonded labour, untouchability, deprivation of childhood to
working children, illiteracy, women subordination. All these problems arise because of the
presence of acutely hegemonic groups in our society where people exploit others due to their
superior power of money, muscle power, rank or position, etc. The prevalence of these reflect the
widespread absence of equality in society. Social development would mean empowering the
downtrodden to levels whereby they can stand up by their own bootstraps raising.6

The right to development as crystallised as a separate right through UN General Assembly

Declaration on the Right to Development, which was adopted on December 4, 1986 recognizes
that the human person is the central subject of the development process and the development
policy should make the human being the main participant and beneficiary of development.7 It is
not possible to realize these unless a framework creating a level-playing floor is developed
whereby favourable conditions are created for the realization of the right to development.”

6
Upendra Baxi, The Crisis of the Indian Legal System (1982).
7
J.S. Gandhi, Lawyers and Torts : A Study of the Sociology of the Legal Profession (1982).
 PRIMARY EDUCATION
“Education makes a man civil”. If an effort is made to empower the undeserved then no true
empowerment can happen. The basis requirement to empower is that a very small amount of
education must be given to the intended beneficiaries so that they might understand the
framework of empowerment to which they are being subjected. State and municipal governments
have a key responsibility to offer basic education to children all around the world. It becomes
more difficult to provide training and improve skills without also providing education. Education
lays the groundwork for good citizenship and serves as a main channel for instilling cultural
values in children and preparing them to adapt to a rapidly changing world. Professor Amartya
Sen, a well-known Indian economist, correctly argues that the social rate of return on investment
in education, particularly basic and primary education, compares favorably to investment in
physical assets, and that physical capital formation alone cannot ensure rapid economic growth.
Education is a core human right, according to Article 26 of the Universal Declaration of Human
Rights. It also envisions free and compulsory primary education.

The state is obligated under Article 46 of the Indian Constitution to support the educational and
economic interests of the weaker parts of the population, particularly those belonging to the
Scheduled Castes and Scheduled Tribes (SC/ST). In the case of Mohini Jain v. State of
Karnataka8, the Supreme Court of India ruled that the right to life encompasses all of the rights
that the court must uphold since they are fundamental to the dignified enjoyment of life.... The
right to life is inextricably linked to the right to education. The majority justices later determined
the right to education to be a basic right in Unni Krishnan v. State of A.9P.

According to the National Education Policy (1986), Article 45's promise would be fulfilled by
the year 2000. Because of the high dropout rates, the emphasis in elementary education has
switched from enrolment to retention and achievement. The programme establishes competences
that must be acquired by all pupils in the country at a certain grade level, with the goal of
improving educational quality. On August 15, 1995, the government started the Midday Meal
Scheme, a national nutritional support programme for elementary school students.This
programme aims to improve primary school children' enrolment, attendance, and retention, as

8
Mohini Jain v. State of KarnatakaAIR 1992 SC 1858.
9
Unni Krishnan v. State of A.P. (1993) 1 SCC 645.
well as their nutritional status. Cooked/processed food is offered to students in grades I through
V in all government and local-government-run primary schools. It proposes that the cost of food
grains be reimbursed through central support. Special aid has also been made available for
women's education, SC/ST applicants, minorities, and adults. A review of the many state and
federal plans aimed at improving the performance of the primary education programme reveals a
gloomy picture. The current exercise is primarily based on bureaucratic preparation and
participation. To be effective, a huge social audit campaign involving activists and non-
governmental organisations (NGOs) is required. To combat bureaucratic indifference and inertia,
community participation must be promoted.

This will also prevent severe bureaucratic discrimination against schools, particularly those
located far from power centres. There is also a history of corruption in topics relating to teacher
selection. Kerala's experience must be shared with the rest of the country. Making primary
education more engaging, enhancing the quality of instructors and facilities, and delivering
curriculum based on the requirements of the area are some of the additional issues in this
respect10.

10
Burawoy, Michael (1985) The Politics of Production. London: Verso.
 UNTOUCHABILITY
India is a caste-based country. Hindus are divided into four groups by the varna system:
brahmins, kshtriyas, vaishyas, and shudras. There are around 4000 Hindu castes that can be
categorised into one of these varnas or the other. Shudras, the last category, are those who work
manually, usually for the upper castes. Some castes among the shudras have been classified as
untouchables for millennia. Scavengers, sweepers, and skin-flayers are among the untouchables,
as are several other categories.The untouchables are referred to as scheduled castes under the
Indian Constitution (SC). In the Hindu caste system, these are the most wretched social groups.
They can be found all across India. Other castes, notably the higher group of shudras, have
exploited them economically and socially. Untouchability toward any castes or groups of people
is highly condemnable in an enlightened society. Several social reformers have raised
reservations about putting an end to such behaviours. Despite this, untouchability persists,
particularly in rural India, although it is even prevalent at certain subtle levels in metropolitan
communities11.

Untouchability in any form has been banned, according to Article 17 of the Constitution, and
cannot be practised in any region of the country. It is illegal to practise it. The framers of the
Constitution realised that in order to help the untouchables, they would have to provide for a
form of positive discrimination in their favour, which I shall address in the next section.
Reservations for scheduled castes and others have been made with discriminatory intent.
Following consultation with various castes, races, tribes, or groups belonging to the scheduled
castes, Article 341 (1) of the Constitution empowers the President of India to determine which
castes can be included here12.

In India, the caste system has entailed a constant rejection of equality before the law.
Untouchability, on the other hand, is the most heinous form of inequitable treatment of humans
that one can imagine. Despite the establishment of the rule of law, urbanisation, industrialization,
the spread of mass education, and constitutional commitment to an egalitarian social order, the
caste system has persevered, despite challenges from newer sects of Hinduism such as Buddism,

11
Jaswal, Paranjit S. Directive Principles Jurisprudence and Socio-Economic Justice in India. New Delhi: Ashish
(1996).
12
Joshi, Vidyut "Bonded Labour: Social Context and the Law" in Saini (ed.).(1995).
Jainism, and Sikhism. Despite the crusades of reformers like Mahatma Gandhi, B.R. Ambedkar,
and Jawaharlal Nehru, as well as reformation movements like Brahmo Samaj, Arya Samaj, and
Ram Krishna Mission, this remains the case. It's also worth noting that democracy's broad
mobilisation and adult franchise have given the institution of caste a new lease on life.

In 1955, independent India adopted the Untouchability Offences Act (UOA), based on the core
spirit of Article 17 of the Constitution. Even though it does not seek to define untouchability, this
piece of legislation outlaws it directly or indirectly. It also makes it illegal to do so. In 1972, the
workings of this Act were examined, and several flaws were uncovered. In 1976, the UOA was
renamed the Protection of Civil Rights Act (CRA)13.

The government noticed about a decade ago that atrocities against reserved castes were on the
rise. This was due in part to the untouchables asserting their rights to a larger extent as a result of
empowerment-induced awareness. As a result, a new law was enacted to cope with the situation,
ensuring that such activities would be punished more severely. The Scheduled Caste/Scheduled
Tribe (Prevention of Atrocities) Act 1989 was the name of the law.The Act grants SC/ST civil
rights and aims to prevent atrocities against them. Untouchability is not defined in the CRA,
although atrocities are defined under the SC/ST Act. It is incredible that the upper castes and
other castes continue to subject SC/ST to different offences, indignities, and humiliations from
shudras.

 Working of the Untouchability Prevention Law (CRA & SC/ST Act):

A closer examination of how these two laws work indicates that they are responsible for
instilling in the untouchables a strong sense of their rights. The election outcomes of Parliament
and state legislatures reflect this. In this regard, the emergence of the Bahujan Samaj party,
which is primarily comprised of SCs but also includes backward castes, as a very prominent
force in nearly all states is noteworthy. In the last elections, this party grew its strength to more
than ten members of Parliament. It reflects, in their opinion, a beneficial influence of legislation
and policy on the upliftment of the Scheduled Castes.

13
Kjonstad, Asbjorn and John H. Veit Wilson Law, Power and Poverty. Bergen, (Norway): CROP Publications
(1997).
However, it is disheartening to discover that these regulations have had little impact on
inhumane and brutal practises like untouchability. It's remarkable to think that after 45 years of
operation, just a few states have established special courts. There have been no attempts to
appoint personnel to oversee CRA prosecutions. There is also a distinct lack of activist legal
service organisations. Surveys and studies are not undertaken on a regular basis. Despite the
existence of the law, various infractions persist: access to wells and temples remains a dream.
The state government has granted separate water facilities to untouchables in some
circumstances.

There is also a problem of inter-se prejudice among the untouchables. Law, on the other hand,
can serve as a deterrent in the short term. However, judges tend to impose only minimal
penalties, diluting the law's effectiveness. In reality, the liberation of SC/STs may be achieved by
tying it to the abolition of economic enslavement to the upper peasantry. There is a pressing need
to provide employment options for the untouchables." This will necessitate revolutionary
attempts to alter the entirety of oppressive socioeconomic processes. In this regard, the law can
only play a limited role. It must be accepted that we have the most rigorous rules on the books in
this area.The ultimate goal must be to change society's attitude toward the untouchables,
particularly among those who are prejudiced against them.
 CHILD LABOUR
No civilised society can allow their children to be forced to work at such a young age. Childhood
is thought to be one of life's most beautiful and happy phases. It is natural to feel nostalgic when
recalling one's childhood. This is true even among the poor. The most important part of social
development is the safeguarding of children.

Children have a fundamental right not to be forced to labour in industries or hazardous vocations,
according to the architects of the Constitution. In order to do this, the Constitution was amended
to incorporate Article 24. The Supreme Court has taken these articles' provisions very seriously,
ruling that they are enforceable not only against governments and collectives, but also against
individuals. 1 Read Article 45 of the Constitution in conjunction with Article 24. The former
mandates that all children get free elementary education until they reach the age of fourteen.

Even while children's greatest friends waited for compulsory primary education to become a
reality, the Indian government implemented the Child Labour (Prohibition and Regulation) Act
in 1986, which hampered the child labour abolition goal in several ways. Rather, it
acknowledged the legitimacy of child labour by regulating it in most circumstances and
abolishing it in only a few. The Act governs the employment of children under the age of 14 who
are allowed to work under the law. Surprisingly, substantial sanctions have been proposed in the
event of a violation.

 Problems & Issues in Child Labour Abolition:

It should be highlighted that employing youngsters is hazardous in and of itself because it
deprives the child of his or her infancy. As a result, it is unthinkable to consider making child
labour acceptable and regulated in some occupations. This transformation in government thought
occurred in India in the 1980s, when we decided to provide support to working children rather
than outright prohibiting it. Child labour issues are inextricably linked to poverty reduction and
improved primary education organisation. Child labour is still prevalent in many places, owing
to the prevalence of a societal environment unfriendly to the cause of children's interests.The
problem has been compounded by bureaucratic inertia and indifference. Due to the high
prevalence of child labour in India, despite the existence of severe penalties, the law's
implementation is not very effective. We need far more determined and systematic efforts to
address this issue." It will be difficult to properly accomplish this ideal unless compulsory
primary education becomes a reality.
 IMPORTANT AGENTS OF SOCIAL DEVELOPMENT OF RURAL INDIA
In the Indian setting, an analysis of the functioning of village government systems reveals three
critical agents for social development of rural areas. People's participation, the role of non-
governmental organisations (NGOs), and the role of bureaucracy are all important
considerations. Without an optimum combination of these three agents of social development, it
is difficult to fully fulfil the desired aim of social development through local governance. These
concerns are extremely difficult and crucial in a vast country like India, which has been
dominated by colonial rulers. The issues that arise as a result of their use are numerous.

1. Peoples' Participation
People can participate directly in village governance systems under the 73rd amendment of the
Constitution. However, there are numerous barriers when it comes to putting it into practise.
They include things like a hostile sociocultural ethos, economic dependency, political
dominance, and a bureaucratic attitude toward the poor, among others. There are local caucuses
(village elites) that make decisions about communal initiatives like drinking water, school
development, and so on without allowing others to participate fully. Poor people's non-
participation is also a common issue due to their dire economic circumstances. Poor people are
not included in the evaluation of rural development, which limits their potential contribution.

2. Voluntary Organizations (NGOs)

They have the ability to inspire and mobilise people to take part in rural development. They can
also improve the efficiency of the government's delivery system. They can better mobilise local
resources, as well as aid in the definition and expression of local needs. They can also make a
significant contribution by raising awareness. NGOs, on the other hand, have not been extremely
active in the villages. As a result, this area's full potential has yet to be realised. The forces
opposed to grass-roots participatory governance, which are impacted by NGOs' work, would like
to see them marginalised.
3. Bureaucracy
Bureaucracy can serve in a variety of capacities, including facilitation, promotion, regulation,
custodianship, and welfare. It does, however, have a steel frame structure and an urban
orientation. It is based on a top-down management paradigm, which has turned administrators
dictatorial and rent-seeking. In this case, social growth is subordinated to state institutions. The
district magistrate is the centre of power in the administrative organisation. The DM views PRIs
as a source of countering power in the new paradigm, and hence displays considerable antipathy
toward them.

It has also been observed that bureaucrats, the rural aristocracy, and politicians frequently form
an alliance for their personal financial gain. As a result, social growth is hampered. Former
Prime Minister Rajiv Gandhi famously said that the bureaucracy absorbs 80 percent of cash for
rural development. MPs and MLAs now have the right to vote in PRIs under the new governance
arrangement. It is expected that their protégé will take over the District Magistrate's powers." As
a result, this is likely to be counterproductive in terms of encouraging social development.
 EMPOWERNMENT OF WOMEN
In India, women's empowerment is a highly complicated problem. It entails changing guys'
preconceived notions as well as society's in general. There are a number of issues that need to be
addressed in this regard. Women's human dignity requires economic self-sufficiency; they must
be able to create revenue on their own. Their marginalisation is the outcome of a complex
interaction of economic, social, and political power structures. Women's education is also a first
step toward improving their position.

In India, feminist women are largely found in cities. Women in remote settings are particularly
vulnerable to exploitation. In this regard, substantial reform programmes by voluntary
organisations are required. Dowry is a problem that exists in both urban and rural regions. The
dowry prohibition law has had some success in abolishing this practise, but there is still a long
way to go. There is also the issue of sati (voluntary self-immolation by young women after
widowhood), which is primarily limited to Rajasthan. The administration's strictness in enforcing
the anti-sati law appears to have had an influence in addressing the problem14.

India gained concepts of equality of rights as a result of British rules. Equality before the law has
also become a foundation rule in Indian law. Women had a low standing in traditional Indian
society. In the following section of the Constitution, Section 14, the equality of men and women
is emphasised, and discrimination between sexes is prohibited. According to Hindu law, the
bride's family must pay a large sum of money for her marriage. When a girl from a lower caste
marries a guy from a higher caste, she improves her life and the life of her kid. As a result, the
parents of a low-caste girl will pay a higher price for such a match.As a result, the cost of
dowries for upper caste girls rises as their availability of spouses decreases. The dowry system
has resulted in a slew of socioeconomic issues.

 Legal Protection to Women's Rights in India

Women's rights in India are pretty widespread across a large portion of the country.
Discrimination against them is prohibited, for example, under the spirit of Articles 14, 15, 16,
and 39 of the Constitution. Affirmative action for women and children is envisioned in Article 15

14
Varandani, Gursharan Child Labour and Women Workers. New Delhi: Ashish (1994).
(3). The Equal Remuneration Act of 1976 states that men and women workers should be paid
equally for the same or similar work, and that discrimination against women in the hiring process
is prohibited.

Maternity benefits are paid by the Maternity Benefits Act 1961 and the Employees State
Insurance Act 1948. This benefit is also payable in the event of a miscarriage, pregnancy-related
illness, or abortion. However, only a small percentage of women receive this benefit. Employers
engage in unfair labourpractises against their employees.

The Factories Act of 1948 establishes work hours restrictions (women cannot be requested to
work between the hours of 7 p.m. and 6 a.m.), weight lifting concessions, and particular safety
protection for women.

Recent legislation on local and municipal government include political reservations for women
in panchayats and local bodies. A debate about reserving seats in Parliament and state
legislatures is now taking place.

Dowry is illegal in the United States, according to the Dowry Prohibition Act of 1961. In
addition, the legislation forbidding sati makes it difficult to carry out this heinous deed. The
National Commission on Women has been established by the government to consider topics
concerning women's empowerment. In police agencies, there is a provision for a separate
Women's Cell, which is a big step toward giving extra protection to women.
 CONTRADICTIONS OF SOCIAL CHANGE AND THE LEGAL SYSTEM
The positive features of social transformation in India have resulted in a significant number of
social contradictions. “In villages and cities, the rise of the middle class has resulted in
antagonistic sentiments toward the weaker portions and the impoverished. Tensions between
Harijans and Hindu castes have grown in villages, necessitating passage of the Civil Rights and
Disabilities Act. As a cognizable infraction, the Act makes insulting references to scheduled
caste status.

The exploitation of labourers by wealthy peasants enslaved in bonds by the extension of loans
has been declared illegal, yet there is evidence that it continues. The lack of uniformity in the
establishment of small-scale firms and stores is one piece of evidence, as is the lack of minimum
pay for labourers in the unorganised agriculture sector. Similarly, legal norms relating to
society's most vulnerable members—children, prisoners, women, inmates, prostitutes, slum and
pavement dwellers—do not exist in the law; or, if they do, they are made impossible by society's
resourceful, strong, and influential vested interests15.

The development features of India's social shift have sparked a new awakening among India's
scheduled castes, scheduled tribes, impoverished, and working classes. According to evaluation
studies, the state's social and economic reform efforts for the benefit of these groups have failed
to reach them. These developments frequently result in protest movements in locations where
these groups are large or well-organized. These movements are powerful tools for redressing
injustices, but they are isolated and dispersed. These groups can only be helped by volunteer
social workers. Unfortunately, social worker intervention is insufficient and infrequent16.

The basic contradiction confronting the Indian legal system is met in the efforts to make the
instruments of legal protection, legal bargaining, and legal redress available to all in the wake of
increasing social awareness of the asymmetry of the development process, the gaps between the
rich and the poor, the agricultural labourers and the rich peasants. Over the last decade, a greater
attention has been placed on this field. A movement for impoverished and disadvantaged people
to get legal help has started. A government-appointed commission has produced a study on the

15
Dutt, Ruddar (1998) Organizing the Unorganized Workers. New Delhi: Vikas.
16
Dror, Yehezkel (1969) "Law and Social Change" in Aubert, Velhem (ed.) Sociology of Law. Harmondsworth
(England): Penguin Books Ltd.
legal aid movement's ramifications and procedures.In addition, there has been a substantial
response from both the bar and the bench. The Supreme Court of India has begun to accept third-
party petitions on social issues from voluntary social workers and groups. On the basis of all
citizens' legal aid rights, it has launched inquiries into a number of issues. This would not have
been conceivable until a few years ago.

The executive and political functionaries' indifference, if not outright antagonism, to this
movement toward social change might be seen as an obstruction. The Indian political and civil
service systems contain numerous feudal features, necessitating the government's
institutionalisation of some aspects of the legal aid movement. As previously stated, India's
democratic growth will inevitably result in an increase in the rural and urban poor, as well as
their protest movements17. As a model of social transformation, the civic revolution would make
it a logical requirement to keep law as a tool of social change under ongoing scrutiny. More
crucially, judicial processes and legal administration, as well as the executive's involvement in
the correct application of legal norms, should all be improved. Finally, the Indian government's
efforts, as well as those of public organisations and businesses seeking to promote democratic
legislation and social transformation, must be linked.

A.R.. Desai, "Sociology of the Under-Privileged," Inaugural Address, 5th Sociological Conference. University of
17

Kanpur (1983).
 CONCLUSION AND SUGGESTION
“The core of legal growth, whether now or later, is not about legislation, legal research, or
judicial opinion, but the community in which the law lives”Ellig remarked. And, according to
Lewman, it is vital to integrate law and society because they are interdependent. Even if a law is
meticulously crafted by a smart and moral person; even if it is rational and contains a lofty and
sparkling legal spirit; it is still too early to determine whether it is a good law. A law's worth is
determined by its social impact in practice. The outcome of the law's application will alter as
social circumstances change.There is no legislation that can fulfil its purpose independent of its
social context. In the previous 100 years, India has undergone massive socioeconomic
transformations. Laws that are functional, in the end, are those that respond to such changes. As
a result, regardless of how a law is produced, whether it is from a local or foreign system, it can
only be valued based on its effect.

Each country's legal system has an intrinsic criterion. Laws can only be beneficial and encourage
societal growth if they are respected and identified. In this perspective, whichever definition of
development or development path is chosen, the most important purpose of law and development
study is to defend people's ability to choose their own laws. The goal of law and development is
to foster and promote people's rights by allowing them to freely pick which laws, rules, and
processes they will accept. This aligns with Amartya Sen's viewpoint: "To see man as the centre,
the most valuable standard, is freedom."18

Historically, legislation change has been a technical and non-participatory process, with the
driving force coming from the ruling class. This is predicated on the premise that what benefits
the elite also benefits the majority. Law change, on the other hand, should not be a piecemeal
exercise in social engineering if it is to be effective. It will necessitate a thorough re-examination
of the judicial system and its current crises. It should be grounded in social reality in order to
foster people's law, informal law, living law, private government, and other forms of self-
governance. As much as practicable, a social legislation's implementation mechanism should
include the formation of Vigilance Committees comprised of members from impacted groups.
These committees keep an eye on the power of the bureaucracy19.

18
Amartya Sen, Development as Freedom, Renming University Press, 2002.
Such regulations should also include provisions for education for those whose views are to be
modified or who are given new rights. In various sectors of social activity, India has lately
appointed national commissions. The objective of these national commissions is to investigate
and monitor issues relating to the safeguards given, engage in the planning of beneficiaries'
socioeconomic development, and report to the government on the evaluation of legislation and
measures to be taken.In India, commissions for women, minorities, backward classes, human
rights, and SC/STs have been established. These commissions are quasi-judicial bodies that serve
an important purpose. In order to fight unfriendly implementation systems, social law must try to
build educated public opinion and pressure groups. This entails encouraging individuals to take
an active role in their administration.

19
Verma, S.K. "Development, Human Rights and Globalization of Economy" Journal of the Indian Law Institute
(1998).
 BIBLIOGRAPHY
CASES
1. Mohini Jain v. State of Karnataka AIR 1992 SC 1858
2. Unni Krishnan v. State of A.P. (1993) 1 SCC 645
BOOKS
1. D. H. Butani, India of the 1970s especially p. ix-xxx, 165
2. Cf. Denis Goulet, The Cruel Choice : A New Concept in the Theory of development 94
passim
3. Wolfgang Friedmann, Legal Theory (5th ed., 1967)
4. Yao Jianzong, Commentary on Law and Development Movement in U.S. Law Press 2006 p
26
5. S.D. Pillay (ed.), Aspects of Changing India 381-409 (1976).
6. R.S. Khane, "Indigenous Culture and Lawyers' Law in India", Comparative Study in Society
and History, vol. 14, no. 1 (1972).
7. Marc Galanter, "The Aborted Restoration of Indigenous Law in India" Comparative Studies
in Society and History, vol. 14, no. 1 (1972)
8. Upendra Baxi, The Crisis of the Indian Legal System 353-57 (1982).
9. J.S. Gandhi, Lawyers and Torts : A Study of the Sociology of the Legal Profession (1982)
10. Baxi, Upendra "Emancipation as Justice: Babasaheb Ambedkar's Legacy and Vision" (1995)
11. Burawoy, Michael (1985) The Politics of Production. London: Verso.
12. Jaswal, Paranjit S. Directive Principles Jurisprudence and Socio-Economic Justice in India.
New Delhi: Ashish (1996)
13. Joshi, Vidyut "Bonded Labour: Social Context and the Law" in Saini (ed.). (1995)
14. Kjonstad, Asbjorn and John H. Veit Wilson Law, Power and Poverty. Bergen, (Norway):
CROP Publications. (1997)
15. Dube, M.P. and Neeta Bora (eds.) Social Justice and Women in India. Delhi: Swaraj
Prakashan. (1999)
16. Varandani, Gursharan ChildLabour and Women Workers. New Delhi: Ashish. (1994)
17. Dutt, Ruddar (1998) Organizing the Unorganized Workers. New Delhi: Vikas.
18. Dror, Yehezkel (1969) "Law and Social Change" in Aubert, Velhem (ed.) Sociology of Law.
Harmondsworth (England): Penguin Books Ltd.
19. A.R.. Desai, "Sociology of the Under-Privileged," Inaugural Address, 5th Sociological
Conference. University of Kanpur (1983).
20. Gu Chunde, History of Legal Thoughts in the West, Renming University Press,2004, p 470.
21. David Trubek, “Back to the Future, Modernization of Law, p393
22. Amartya Sen, Development as Freedom, Renming University Press, 2002, p3
23. Verma, S.K. "Development, Human Rights and Globalization of Economy" Journal of the
Indian Law Institute, 40 (No. 1-4). (1998)”

REVIEW OF LITERATURE

1. S.D. Pillay (ed.), Aspects of Changing India

The book provides a sneak into the changes that had gone side by side with the development in
the Indian society. The book has given major information on the caste system, gender roles in
family at that time, relation bw landlords and labours, the land reforms. The main ideas that I
received from this book was regarding the aspect of religion and the vertical differenciation in it.
The book also talked about the tribals and various aspects of the state connected to it. The book
all in all gives a very deep idea about the old religious doctrines and the new and upcoming legal
doctrines.

2. Baxi, Upendra. The Crisis of the Indian Legal System.

The books which is a collection of various articles gives a very rich information about the legal
aspect of the country. The book talks about the prision system, police system and judicial system.
The book helped me to undersatnd the relationship between societal developmant and law with
various interesting anecdotes of the time during which the book was written.

3. Marc Galanter, "The Aborted Restoration of Indigenous Law in India" Comparative Studies
in Society and History

The book is a very good study on the topic of religious law, both in Hidu and Muslim law. The
book argues that the archaic laws are still being followed in the traditional setting but these types
of laws are no longer relevant for the current setting. The book helped me to understand the mix
of new and traditional law and how sometimes both can co-exist.