Law and Social change

According to Roscoe Pound, "Law is social engineering which means a balance between
the competing interests in society, in which applied sciences are used for resolving
individual and social problems."
The term "social" denotes a collection of individuals who come together to form a
society, while "engineering" refers to the practical application of scientific principles
through the use of tools and devices. Pound draws a parallel between the work of
lawyers and that of engineers.

The definition of social change is an alteration in the norms or common practices of a

society. There are two main types of social change. The first is evolutionary social

change, which happens as a natural result of societal trends. The second is

revolutionary social change, which is a drastic alteration from previous social norms.

Social institutions are the established patterns of beliefs, behaviors and relationships

that organize social life. Social institutions exist to meet society’s fundamental needs,

such as providing structure, guidance and order. Common examples of social

institutions include family, religion, education, economy, health care, media, law,

science and government. Social institutions play a significant role in shaping gender

and racial norms and values. For instance, the family is a social institution that plays a

vital role in the socialization of children. The family is where children learn social

norms, values and expectations about gender and race. Social change is a significant

alteration in social norms brought about by various factors. There are many causes of

social change, and they often affect each other. The five major causes of social change

are environmental processes, political processes, social movements, economic processes,

and technological advancements. Change is the rule of society. Any change in the

features of a group of individuals living in a society is referred to as a social change.

Additionally, it can be defined as a transition in a civilization’s long-established

characteristics.

The phrase ‘social change’ is also used to refer to the changes in human interactions

and interrelationships that result from social change. By definition, ‘social change’ is a
shift in the system of social relationships, which are characterized in terms of social

processes, social interactions, and social organizations, among other things. As a result,

the word ‘social change’ refers to desired changes in social structures, processes, and

organizations in the individual’s favor.

Social change is limited to alterations in the field of social relationships. Social

relationships are social processes, social patterns and social interactions.

Social change can be (1) modifications or (2) replacements.

Law and Public opinion

The inputs received by the legislature to enact laws can come from various sources.
Here are some common sources:
Executive Branch: The executive branch, which includes the president and other cabinet
members, may propose legislation to the legislature. This is known as a "bill from the
executive."
Legislative Initiative: Members of the legislature may introduce a bill on their own,
without a proposal from the executive branch. This is known as a "legislative initiative."
Public Demand: The legislature may receive input from the public, including interest
groups, constituents, and other stakeholders, to introduce and consider legislation.
Judicial Decisions: Decisions made by the courts may provide the basis for new
legislation, particularly in areas such as civil rights and criminal justice.
International Agreements: International agreements and treaties may also influence the
legislation that is considered by the legislature.
Be it any government in the world, the decisions taken by government officials are
always for the betterment of their people. But how does the government know what is
good for the citizens ? That is where public opinion comes in. These are the opinions
held by the general public for the common welfare of the nation.
Public opinion refers to the collective views or beliefs of the general population about a
particular issue or topic. It is often considered a powerful influence on government
policies and decision-making. Public opinion is typically shaped by various factors such
as personal experiences, media, cultural beliefs, and political ideologies. It can vary
widely and may not necessarily align with existing laws or official government positions.
Public opinion can be assessed through polls, surveys, or other forms of public discourse.
Democracies require public opinion because they gain their authority from it. Law and
public opinion are inextricably linked. When the people or electors request that specific
laws be repealed or modified, their representatives take appropriate action. Public
opinion create laws. For instance, the tragic ‘Nirbhaya’ case of 2012 resulted in
passing of the Criminal Amendment Act, 2013. In 1962, the Indian Government had
enacted two laws: The Compulsory Deposit Scheme Act, 1963 and the Gold Control
Rules. These laws were not well received by the general public, and as a result, people
staged protests against them, forcing the Indian Government to change them. It is the
right of the people to hold non-violent protests against laws that they believe are unfit
for the public good.
There are two main categories of public opinion sources: direct and indirect.
Direct sources:
 Public opinion polls: Surveys designed to gather individual opinions on specific
topics. Examples include Gallup Poll, Pew Research Center, Ipsos MORI.
 Social media listening: Monitoring platforms track public sentiment across social
media platforms like Twitter and Facebook.
 Focus groups: Gatherings where a small group of people discuss their opinions
and experiences in detail.
 Letters to the editor, online comments, and reader surveys: Expressions of
opinion published in media outlets or found directly on their websites.
Indirect sources:
 Media coverage: News reports, editorials, and op-eds can reflect and shape
public opinion.
 Social media trends: Popular hashtags, memes, and online discussions can
indicate broader public sentiment.
 Government reports and data: Can reveal public opinion through information
like voting statistics, census data, and public service use.
 Academic research: Studies exploring attitudes, values, and behaviors, providing
deeper insights into public opinion formation.

Constitutional Morality and Public Morality

Over the last dozen years, Indian courts have formulated the idea that, inherent in
the Indian Constitution, lies a type of morality referred to as constitutional morality
(CM). CM acts as an interpretive device to help courts ascertain the meaning of the
Constitution’s text in contested cases. Constitutional morality means adherence to the
core principles of the constitution in a democracy. Constitutional morality provides a
principled understanding for unfolding the work of governance. It specifies norms for
institutions to survive and an expectation of behavior that will meet not just the text
but the soul of the Constitution. It also makes the governing institutions and
representatives accountable.
For Example: In Supreme Court’s Sabarimala verdict, religious freedom, gender
equality and the rights of women to worship guaranteed under Article 14, 21 and
25 of the Constitution was reinstated which struck down the practice of banning
entry of women of a certain age to the Sabarimala temple in Kerala as
unconstitutional.
Constitutional morality here went against social morality that discriminates against
women based on biological reasons like menstruation.
Public Morality:
 Public morality refers to the principles, values, and standards of conduct that
govern the behavior of individuals within a society, focusing on what is
considered acceptable or unacceptable.
 Public morality is the observance and subscription to moral principles and ethical
standards which a society enforces by statutory law, police work or social
pressure in everyday public life.
 Public morality refers to the values that a person should uphold in his or her
public life.
 Each profession has its own set of guidelines, standards, and values.
 Laws have been created to regulate and preserve public values. These social
norms can also aid individuals in performing their professions more successfully.
  The oath that doctors take is an illustration of public morality practicing
medicine; doctors must adhere to certain professional principles.
 In this type of morality, people see themselves as members of a large political
community, as citizens of a state.
 Public morality is concerned with collective obligations and is generally based on
the notion of consequentialism (Consequentialism, In ethics, the doctrine that
actions should be judged right or wrong on the basis of their consequences. The
simplest form of consequentialism is classical (or hedonistic) utilitarianism, which
asserts that an action is right or wrong according to whether it maximizes the
net balance of pleasure over pain in the universe).
 Public morality demands that we put aside our loyalty to blood relatives, look
beyond our own interests, and commit to common values.
 Citizens in a democratic society must be tied together by a commitment to
common values established through public reason, such as political freedom,
solidarity, shared traditions, and cultural heritage, rather than by sentiments or
self-interest.

Sociological School of Jurisprudence

Sociology is the study of society, human behavior, and social changes. And

jurisprudence is the study of law and legal aspect of things. The Sociological school of

Jurisprudence advocates that the Law and society are related to each other. This school

argues that the law is a social phenomenon because it has a major impact on society.

The idea of Sociological School is to establish a relation between the Law and society.

This school laid more emphasis on the legal perspective of every problem and every

change that take place in society. Law is a social phenomenon and law has some direct

or indirect relation to society. Sociological School of Jurisprudence focuses on balancing

the welfare of State and individual was realized.

Background of Sociological Jurisprudence

 Prior to the 19th Century, matters like health, welfare, education etc were not
the concern of the state. In the 19th Century, because of the adverse effects of
laissez faire doctrine (Laissez-faire is the policy of minimum governmental
interference in the economic affairs of individuals and society), the State became
more and more concerned with numerous matters encompassing almost all
 aspects of human life and welfare. This implied regulation through law, which
compelled legal theory to re-adjust itself so as to take account of social
phenomena.
 Also there was a dire need to study law not in near abstraction, but in its
functional and practical aspects. By this time, the shortcomings of purely formal
analysis (as propounded by analytical jurists) were being felt. Therefore, the
Sociological school of jurisprudence was established as a reaction against too
much theorising of the law.
The main features of Sociological School of law
 Sociological School of Law is emphasis more on the functional aspect of law
rather than its abstract content.
 They consider law as a social institution essentially interlinked with other
sciences and the direct impact of the law on society with its formation according
to social needs.
 Sociological School of Law completely neglects positivism i.e. the command of
sovereign and also historical jurisprudence.
 Sociological jurists describe the perception of the law in different ways like the
functional aspect of law or defining the law in terms of court rulings and
decisions with a realistic approach of law.

The functional aspect of the law.

Roscoe Pound gave stress on the functional aspect of law. He defines law as containing
the rules, principles, conceptions and standard of conduct as a developed technique of
social engineering. The main function of law is to satisfy the maximum number of
people. Not only this function but also to reconcile the conflict in the interest of
individuals and society.
Theory of Social Engineering
Roscoe Pound gives the theory of Social Engineering in which he compared lawyers
with the Engineers. Engineers are required to use their engineering skill to manufacture
new products. Similarly, social engineers are required to build that type of structure in
the society which provides maximum happiness and minimum friction.
According to Pound, “Law is social engineering which means a balance between the
competing interests in society,” in which applied science is used for resolving individual
and social problems.
 Social Engineering is balancing of the conflicting interest of an Individual and the state
with the help of law. Law is a body of knowledge with the help of law the large part of
Social engineering is carried on. Law is used to solve the conflicting interest and
problems in society.
The objective of the law is to create a balance between the interests of the people. For
Example, Article 19 of the Indian Constitution provides ‘Rights to speech and
expression’ but on the other side, State put some restriction on this right. And when
the conflict arises between individual right and State’s restriction, then the law comes
to play its part. And solve the conflict between the interests. Thus, courts, legislature,
administrators and jurists must work with a plan and make efforts to balance these
three categories: Public, Private and Social Interests.

Reverse Discrimination
 Reverse discrimination refers to policies or practices that give preferential treatment to
minority groups or historically disadvantaged populations over the majority or
historically advantaged groups.
 It is often discussed in the context of affirmative action policies that aim to increase
opportunities for groups that have faced discrimination. Critics of affirmative action
argue it is a form of reverse discrimination against the majority or historically
advantaged groups.
 Supporters of affirmative action argue, it is needed to correct past injustices, increase
diversity, and counteract current discrimination. They say it is not the same as
traditional discrimination because its intent is to promote equality rather than
oppression.
 Some key legal cases related to reverse discrimination claims include Regents of the
University of California v. Bakke (1978), Gratz v. Bollinger (2003), and Fisher v.
University of Texas (2016). These cases challenged affirmative action policies in
university admissions.
 Reverse discrimination refers to a situation where a policy or practice gives preferential
treatment to a historically disadvantaged group over a dominant or majority group. In
India, reverse discrimination is often seen in the context of affirmative action or
reservation policies, which are designed to address historical inequalities and promote
social justice.
 Affirmative Action: India has a robust affirmative action system, known as
reservations, which reserves a certain percentage of seats in educational institutions
and government jobs for individuals from historically marginalized communities, such
as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
This system aims to correct the socio-economic disparities faced by these groups due to
centuries of caste-based discrimination and social exclusion.
 Constitutional Basis: The Indian Constitution, under Articles 15 and 16, allows for
affirmative action to be taken by the state to ensure equal opportunities for
disadvantaged groups. These provisions have been used to implement reservation
policies, which are periodically reviewed and adjusted by the government to maintain
their effectiveness.
 Controversies: Reverse discrimination in India has been a subject of debate and
controversy. Critics argue that such policies often lead to merit being compromised,
creating resentment among non-reserved categories, and sometimes fostering a sense
of inferiority among beneficiaries. They also contend that these policies may not always
reach the most deserving individuals within the targeted communities.
 creamy layer: To address concerns about the benefits not reaching the most
underprivileged, the concept of the "creamy layer" was introduced. This refers to the
relatively well-off sections within the OBC category who are excluded from the benefits
of reservations, allowing the policy to focus on the truly disadvantaged.
 Impact: Reservation policies have had both positive and negative outcomes. On one
hand, they have enabled many from marginalized communities to access education and
better job opportunities, enhancing social mobility. On the other hand, they have been
criticized for perpetuating caste-based identities and failing to address the root causes
of social inequality.
 Private Sector: Reverse discrimination in India is mainly confined to the public sector,
as the Constitution does not mandate reservations in the private sector. However, some
state governments have attempted to extend such policies to private institutions,
leading to legal challenges.
Opponents argue reverse discrimination policies violate equal protection and
discriminate based on race or gender. Supporters argue they are constitutional if
narrowly tailored to further a compelling government interest like diversity. In
conclusion, reverse discrimination in India through reservation policies is an attempt to
rectify historical injustices and promote inclusivity.
 Law and Justice
 Law and Justice are two interconnected but distinct concepts that form the foundation
of legal systems around the world.
 Law refers to the set of rules and regulations established by a governing authority and
applicable to people living within its jurisdiction. Laws provide standards and norms for
behavior and consequences for violating those standards.
 The purpose of law is to maintain social order, protect rights and liberties, resolve
conflicts, and deliver justice. Laws aim to deliver justice, but justice and law are not
identical.
 Justice is the moral ideal of fairness and equity. The notion of justice refers to giving
each person what he or she deserves. Justice is about upholding ethics, rights, and
moral principles.
 Laws and legal systems are meant to uphold justice, though they may not always
achieve perfect justice. An unjust law violates ethics or rights. Laws can be evaluated on
criteria of whether they are moral, fair, and respect human dignity.
 The law seeks to balance different concepts of justice - retributive justice (punishment
for wrongs), distributive justice (fair allocation of resources), procedural justice (fair
processes and rule application), restorative justice (healing harm caused), etc.
 Legal philosophy examines the role and nature of law and its relation to concepts like
justice, morality, and ethics. There are various philosophies of law, including natural
law theory, legal positivism, and critical legal studies.
 In practice, delivering perfect justice is complex. Laws, legal institutions, and those who
make/enforce laws are imperfect. But overall the legal system aims to create a just
society governed by fair laws applied through fair procedures. The pursuit of justice is
an ongoing process.

Justice is the concept of moral rightness based on ethics, rationality, law, natural law,
fairness, or equity. It's also the act of being just and/or fair.
Characteristics:
 Moral Rightness: Justice is deeply rooted in ethical and moral philosophy.
 Impartiality: Justice requires decisions to be made without favoritism or bias.
 Equity: Justice involves the fair and equitable distribution of resources and burdens.
 Retributive and Restorative: Justice can involve punishment for wrongdoing
(retributive) and efforts to restore relationships and communities (restorative).
Functions:
 Upholding Fairness: Ensuring that individuals receive what they deserve, whether it be
reward or punishment.
 Ensuring Equality: Treating everyone equally before the law and providing equal
protection.
 Protecting Rights: Safeguarding the rights of individuals and minorities against the
majority.
 Social Harmony: Promoting peace and social stability by resolving conflicts and
grievances.
Relationship between Law and Justice:
The relationship between law and justice is complex and often debated. Ideally, the law
is a vehicle through which justice is administered. Laws are supposed to be just, and
justice is served when laws are applied fairly and equitably. However, there can be a
disconnect between the two:
 Legal but Unjust: Not all laws are inherently just. There have been many examples
throughout history where laws upheld unjust practices (e.g., slavery, segregation).
 Justice beyond Law: Sometimes, what is considered just may not be explicitly covered
by existing laws, requiring moral judgment and ethical considerations.
 Legal Reform for Justice: Laws are often reformed to correct injustices or to better
align with contemporary standards of what is considered just.
In summary, law provides the framework for the establishment of societal rules and the
administration of public affairs, while justice is the ethical and moral principle that
guides fairness and equality within that framework. Legal systems aim to achieve
justice through the application of laws, although this is an ongoing and often imperfect
process.

Secularism
Secularism is a principle that separates religion from the state and promotes the idea
of religious neutrality and impartiality. It is the belief that the state should not favor or
discriminate against any particular religion or religious group, and that all citizens
should have the freedom to practice, profess, and propagate their religion without fear
of persecution or discrimination. In a secular state, the government does not interfere
 in the religious affairs of its citizens, and religious institutions do not have any influence
over the functioning of the State. Secularism is often associated with the values of
democracy, equality, and human rights, and it seeks to promote a culture of tolerance,
mutual respect, and peaceful coexistence among people of different religious
backgrounds. Practicing secularism means adhering to the values of separation of
Church and State. Secularism in India holds immense significance, and here are some
key points outlining its importance:

1. Unity in Diversity: India is a land of diverse cultures, religions, and languages.

Secularism promotes unity among this diversity by ensuring that no particular religion
is given preference over others. This fosters a sense of harmony, tolerance, and mutual
respect among different religious communities.
2. Equal Rights: Secularism guarantees equal rights and opportunities to all citizens,
irrespective of their religious beliefs. This means that every individual has the right to
practice, profess, and propagate their religion without any fear or discrimination.
3. Prevention of Religious Conflicts: Secularism helps in preventing religious conflicts and
communal violence by promoting a culture of religious neutrality and impartiality. It
ensures that the state does not interfere in the religious affairs of its citizens, and no
religion is allowed to dominate or dictate the policies of the state.
4. Inclusive Development: Secularism promotes inclusive development by ensuring that all
sections of society are given equal opportunities to grow and prosper. It prevents any
discrimination on the basis of religion and ensures that the benefits of development are
distributed equally among all citizens.
5. National Integration: Secularism plays a crucial role in promoting national integration
by fostering a sense of shared identity and common citizenship among Indians. It helps
in breaking down the barriers of caste, creed, and religion, and promotes a sense of
unity and solidarity among the people of India.
6. Democracy: Secularism is an integral part of Indian democracy, and it helps in
ensuring that the democratic principles of justice, liberty, equality, and fraternity are
upheld. It prevents the concentration of power in the hands of any particular religious
group and ensures that all citizens have a say in the functioning of the state.

Landmark cases
 Sardar Syedna Taher Saifuddin Saheb vs the State of Bombay, 1962 AIR 853
[“the Dawoodi Bohra Case”] – Justice Ayyangar explained the concept of
 secularism for the first time stating that Articles 25 and 26 embody the
principle of religious toleration that has been the characteristic feature of Indian
civilization from the start of history.
 S.R.Bommai v Union of India, 1994 AIR 1918: The Supreme Court of India
ruled that Secularism was a critical component of the Indian Constitution and
that it should be safeguarded.

Freedom of Religion
India is a secular country, meaning the Constitution guarantees equal rights to all
religions and faiths. India is home to a diverse population with numerous religious
groups, and the freedom of religion is a cherished right enshrined in the Indian
Constitution under Article 25-30.
Article 25 states that all persons are equally entitled to freedom of conscience and the
right to freely profess, practice, and propagate religion. It also recognizes the freedom
to manage and maintain religious institutions, and to establish and run educational
institutions based on religious principles.
Article 26 provides the right to establish and maintain religious institutions, and to
manage and control their affairs in accordance with their doctrines.
Article 27 says, No person shall be compelled to pay any taxes, the proceeds of which
are specifically appropriated in payment of expenses for the promotion or maintenance
of any particular religion or religious denomination
Article 28 states that no religious instruction shall be provided in any educational
institution wholly maintained out of state funds, except at the request of the parents
or guardians of the children. However, this provision does not apply to schools run by
religious and denominational institutions.
Article 29 and 30 provide for the cultural and educational rights of religious and
linguistic minorities, ensuring that their religious and cultural identities are protected.
Challenges to Freedom:
Despite the constitutional protection, various challenges exist to the freedom of religion
in India. Some of the most prominent ones include:
 Communal Violence: Sadly, religious intolerance and communal violence remain
prevalent in certain regions. Such incidents often lead to tension, fear, and even
bloodshed.
 Discrimination: Religious minorities face discrimination in various spheres of life,
including employment, education, and housing.
 Misuse of Religious Symbols: Some religious symbols are misused for political gain,
leading to resentment and tension.
 Religious Conversion: Conversion to other religions is sometimes met with social
ostracization and even threats.
Recent Controversies:
The recent debate over the Citizenship Amendment Act (CAA) has stirred concerns
about potential discrimination against religious minorities. While the government
claims the act aims to curb illegal immigration, critics argue that it disproportionately
targets Muslims.
Balancing Interests:
The Indian government faces a delicate task of balancing the freedom of religion with
the need to maintain social peace and national security. The government has enacted
various laws to combat communal violence and hate speech, but these measures have
been criticized for being inadequate in addressing the root causes of intolerance.
The Way Forward:
To ensure the true spirit of freedom of religion in India, the following measures can be
taken:
 Addressing Root Causes: The government should invest in addressing the root causes of
communal violence and hatred, such as poverty, illiteracy, and lack of social justice.
 Enacting Stricter Laws: Enacting stricter laws against hate speech and communal
violence would send a strong message to perpetrators.
 Promoting Interfaith Dialogue: Promoting interfaith dialogue and education can help
build bridges between different communities.
Conclusion:
Freedom of religion is a fundamental right in India, but it faces challenges. The
government must work towards tackling communal violence, addressing discrimination,
and fostering interfaith understanding to ensure that all citizens can practice their
faith freely and without fear.

Religious Minorities and Law

The following communities have been notified as minority communities by the
Government of India, Ministry of Minority Affairs;
 1. Sikhs
2. Muslims
3. Christians
4. Zoroastrians
5. Buddhists
6. Jains
Notified minorities constitute about 19% population of the country.
Government of India has formulated the “Prime Minister’s New 15-Point Programme
for the Welfare of Minorities”. An important objective of the Programme is to ensure
that an appropriate percentage of the priority sector lending is targeted for the
minority communities and that the benefits of various government sponsored schemes
reach the under-privileged, which includes the disadvantaged sections of the minority
communities. The Programme is being implemented by the Central
Ministries/Departments concerned through State Governments/Union Territories and
envisages location of certain proportion of development projects in minority
concentration districts.

Article 351 of the Constitution requires the Union to promote the use of Hindi
throughout the country. Every State is required by Article 350 A of the Indian
Constitution to provide basic education in the child’s mother tongue.

Landmark cases
 The Kerala Education Bill, 1957… vs Unknown, equivalent citation: [1959, 1 SCR
995]: The Kerala Education Bill that was introduced in 1957 was presupposed to
contain some provisions contrary to that of the rights of minorities. To clear the
doubts raised in relation to the bill, the President under Article 143 of the
Constitution seeks the opinion of the Supreme Court. A landmark case under
Article 29 of the constitution, an article that guarantees the cultural rights to the
citizens of India.
The State of Madras vs Srimathi Champakam Dorairajan, 1951 AIR 226: Supreme
Court of India was of opinion that the Communal G.O. of the State of Madras being
inconsistent with the provisions of Article 29 (2) in Part III of the Constitution is
void under Article 13, the appeals stand dismissed. The directive principles of State
policy laid down in Part IV of the Constitution cannot in any way override or
abridge the fundamental rights guaranteed by Part III. On the other hand they have
to conform to and run as subsidiary to the fundamental rights laid down in Part III.
Ram Narayan Agarwal vs State of Uttar Pradesh, 1984 AIR 40, the Supreme
Court had ruled that the majority of arrests and detentions were unconstitutional.
In Azeez Basha vs Union of India case a five-judge bench had, in 1968, ruled that
the Aligarh Muslim University was neither established nor was being maintained by
the Muslim minorities and hence could not be given the status of a minority
institution. A review of a five judge bench, therefore, required a larger bench. On
April 4, 2017 the Attorney General told the Supreme Court in no uncertain terms
that the NDA government wants to withdraw the "minority status" granted to
Aligarh Muslim University. Appearing in a well-watched case (Aligarh Muslim
University Vs. Naresh Agarwal & Ors. C.A. No. 2286/2006), Attorney general
Mukul Rohatgi told a Supreme Court bench of Justices J S Khehar, M Y Eqbal and C
Nagappan on January 11, 2016 : "It is the stand of the Union of India that AMU
is not a minority university. As the executive government at the Centre, we can't be
seen as setting up a minority institution in a secular state."
Rohatgi said though the Centre had filed an appeal, it was now inclined to
withdraw it as it felt that the Azeez Basha case judgment still held good and that
the AMU could not be termed a minority institution since it was set up under an
Act of Parliament.
Indian Young Lawyers Association and Ors. Vs. The State of Kerala and Ors.- The

Supreme Court, in a 4:1 verdict, held that the restrictions upon the entry of women
between the ages of 10-50 into the Sabarimala shrine were unconstitutional and

struck down Rule 3(b) of the Kerala Hindu Places of Public Worship Act. The Court

further passed directions to ensure the safety of women pilgrims entering the shrine.

The SC thus permitted women of all ages to enter the Sabarimala Temple, ruling that

“devotion cannot be subjected to gender discrimination.”

Mohd. Hanif Quareshi And Ors. vs State of Bihar, 1958 - The Bihar Preservation and

Improvement of Animals Act, 1956 imposed a total ban on the slaughter of all

categories of animals belonging to the species of bovine cattle. The law was challenged

on the ground of violation of right to freedom of religion, right to freedom of trade

and occupation and that the total ban was not good for general public. The Court

found that the “country is in short supply of milch cattle, breeding bulls and working

bullocks.” Therefore, a “total ban on the slaughter of these which are essential to the

national economy for the supply of milk, agricultural working power and manure” is a

reasonable restriction to impose in the interests of the general public. The court also

held that “a total ban on the slaughter of cows of all ages and calves of cows and calves

of she-buffaloes, male and female” is reasonable and in “consonance with the directive

principles laid down in Article 48.”

However, the Court held that a total ban on the slaughter of “useless cattle,” which

“involves a wasteful drain on the nation’s cattle feed which is itself in short supply and

which would deprive the useful cattle of much needed nourishment, cannot be justified

as being in the interests of the general public.”

Linguistic minorities and Law

India is a multilingual and multicultural country. Linguistic minorities in India refer to
individuals or communities who speak languages other than Hindi or Sanskrit as their
first or native language. There are a total of 121 languages and 270 mother tongues.
The 22 languages specified in the Eighth Schedule to the Constitution of India are given
in Part A and languages other than those specified in the Eighth Schedule (numbering
99) are given in Part B. The Eighth Schedule to the Constitution of India lists the
official languages of the Republic of India and English is not one of them. According to
the Census 2011, around 214 million people in India (approximately 19.7% of the
population) belong to linguistic minorities.
As per the Constitution of India, there is no National Language of India. After
independence, the Constitution makers had a problem of selecting a national language
which can unite a country because there were more than 1,600 languages spoken in
different parts of the country.
The protection of linguistic minorities: the constitution
Linguistic minority is a class of people whose mother tongue is different from that of
the majority in the State or Part of a State. The constitution provides for the
protection of the interests of linguistic minorities.
Article 30 (1) of the Constitution of India provides a fundamental right to linguistic
minorities to establish and administer educational institutes of their choice. The
Constitution however, under Article 351, provides a directive to the Union to promote
the usage of Hindi across India, so that it can serve as a medium of expression among
the diverse population.
The Constitution of India (Article 350 A) provides that every state must provide
primary education in a mother tongue and also provide for the appointment of a
‘Special Officer’ for linguistic minorities (Article 350 B), who is responsible to
investigate matters relating to linguistic minorities and report them to the President.
Neither the constitution nor any piece of legislation however defines linguistic minority.
It was in 1971, in the case of DAV College etc. v/s State of Punjab, and other cases,
that the Supreme Court of India defined a linguistic minority as a minority that at
least has a spoken language, regardless of having a script or not. In the case of TA Pai
Foundation and Others vs State of Karnataka, it further held that the status of
linguistic minority is to be determined in the context of states and not India as a
whole.
The protection of linguistic minorities: commissions
National Commission for Religious and Linguistic Minorities, also called Ranganath
Misra Commission, was constituted by Government of India on 29 October 2004 to
look into various issues related to Linguistic and Religious minorities in India. It was
chaired by former Chief Justice of India Justice Ranganath Misra. The commission
submitted the report to the Government on 21 May 2007 According to the Report of
the National Commission for Religious and Linguistic Minorities, linguistic minority
status of a community is determined by numerical inferiority, non-dominant status in
a state, and possessing a distinct identity. The report states that “exclusive adherence
to a minority language is a leading factor that contributes to socio-economic
backwardness, and that this backwardness can be addressed only by teaching the
majority language”.
It is high time that the government understands the gaps in the education system for
the indigenous linguistic minorities and take the necessary steps to integrate the
languages of the linguistic minorities into the education system. The available
affirmative action can only be effectively utilized by the students of indigenous linguistic
minorities if their medium of instruction is their own language and English/majority
regional language is taught comprehensively as a second language. Therefore, paving
the path towards “real education” of such students while also equipping them with a
resourceful second language.

Language Policy and Constitution

Reservations under Constitution of India

Regionalism

‘Sons of the Soil’ and preference in Employment

Gender Injustice and its various forms