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Unit-1:Introduction to Law and


Social Changes.
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Definition of Social Change:Gillin and Gillin- • “Social
changes are variations from the accepted modes of life
whether due to alternation in geographical conditions, in
cultural equipments, composition of the population or
ideologies whether brought about by diffusion or
inventions within the group". (Cultural Sociology).
M.E. Jones- • "Social change is a term used to describe
variations in, or modifications of, any aspect of social
processes, social patterns, social interaction or social
organization". (Basic, Sociological Principles).
Concept of Social Change
• Social change is way human interactions and
relationships transform cultural
and social institutions over time, having a
profound impact Click of society.
to add text ... Sociologists
define social change as changes in human
interactions and relationships that transform
cultural and social institutions.
Session:2
• Characteristics of Social change
• Social change is universal or it is an essential
law.
• Change with diff. in speed & form simple
society … ...
• Change is unpredictable in general.
• Social change is change in community.
• Social change generally changes in direction.
Session:3
• Theories of Social Change:
• The five theories of social change are as follows: 1. Evolutionary
Theory 2. Cyclical Theory 3. Economic (Mandan) Theory of Social
Change 4. Conflict Theory 5. Technological Theory.
• Evolutionary Theory: society moves in specific directions.
Therefore, early social evolutionists saw society as progressing to
higher and higher levels. As a result, they concluded that their own
cultural attitudes and behaviors were more advanced than those of
earlier societies.
• Cyclical theory of change or sometimes called 'rise and
fair theory presumes that social phenomena of whatever sort recur
again and again, exactly as they were before in a cyclical fashion
• Conflict Theory : Conflict theory focuses on
the competition between groups within
society over limited resources.
• Linear theory: society gradually moves to an
even higher state of civilization and that it
advances in a linear fashion and in the
direction of improvement.
• Technological Theory: technology is the
primary driving force of progress .
Invention is the stage in which new forms
of technology are developed.
• Economic Theory of Social Change: economic
change only occurs and produces
other change through the mechanism of
intensified conflict between social groups and
between different parts of the social system.
Conflict would ultimately transform society.
• Deterministic theory of social change:
Session:5
• Stability and Social change measured on an
individual level, social stability refers to the
range of life structure and reliable routine that
is protective against further situational
hazards and helps maintain connections
with social resources and societal 
expectations.
Interaction between legal change and Social
change
• “Society changes the law”, as per its needs. It
means law is made by the society according to
its requirement by its democratic institution
i.e. Legislative or
Click by adopting
to add text custom and
usage. When law changes the society it is the
sign of beginning of the development of the
society.
Unit-2:Instruments of Social Change
• Session:6
• Meaning of Law: law is a rule of conduct developed by the
government or society over a certain territory. Law follows
certain practices and customs in order to deal with crime,
business, social relationships, property, finance, etc. The Law is
controlled and enforced by the controlling authority.
• Concept of law:One definition is that law is a system of rules
and guidelines which are enforced through social institutions to
govern behaviour. ... In his Treatise on Law Aquinas argues
that law is a rational ordering of things which concern the
common good that is promulgated by whoever is charged with
the care of the community.
• Instruments of social change: 6 Factors of Social Change –
Explained!
• Physical Environment: Certain geographic changes sometimes
produce great social change. ...
• Demographic (biological) Factor: Broadly speaking,
demography is concerned with the size and structure of
human population. ...
• Cultural Factor: ...
• Ideational Factor: ...
• Economic Factor: ...
• Political Factor:
• Social transformation takes place due to the presence of
several factors in the surrounding. These are the
demographic structure, technological
upliftment, change in the ideologies of the people
in society, increase in the welfare of the people
in society and so.
• the four types of social change include:  Alternative 
Redemptive  Reformative and  Revolutionary These
different movements are distinguished by how
much change they advocate and whether they target
individuals or the entirety of a society.
• Social institutions are mechanisms or patterns of
social order focused on meeting social needs, such
as government, economy, education, family,
healthcare, and religion.
• Family is the most important social institution man
forms to ensure survival. Family assigns relationship
to all members. The major role of family is to
nourish their members, protect them, educate
them and provide a stable social status.
Law as a social phenomenon
• Social phenomena (singular: social phenomenon)
are individual and external occurrences within a
society that influence one's behaviors, opinions, etc.
Social phenomena can be caused by politics,
historical events, and behaviors of others. Examples
of social phenomena include marriage, WWII,
racism, or a violent crime.
• Session:7
• Law as purposive device -serving or effecting a useful
function though not as a result of planning or design. 2 :
having or tending to fulfill a conscious purpose or design :
purposeful
• The purposive approach sometimes referred to
as purposive construction, purposive interpretation, or the
"modern principle in construction" is an approach to
statutory and constitutional interpretation under which
common law courts interpret an enactment (that is, a
statute, a part of a statute, or a clause . 
Purpose and Function of Law
• Law is an instrument which manages human direct/conduct. Law implies
Justice, Morality, Reason, Order, and Righteousness from the
view purpose of the general public. Law implies Statutes, Acts, Rules,
Regulations, Orders, and Ordinances from perspective of the council.
• . Social engineering is a discipline in social science that refers to efforts to
influence particular attitudes and social behaviors on a large scale,
whether by governments, media, academia or private groups in order to
produce desired characteristics in a target population. Social engineering
can also be understood philosophically as a deterministic phenomenon
where the intentions and goals of the architects of the new 
social construct are realized.
• Social engineers use the scientific method to analyze and understand 
social systems in order to design the appropriate methods to achieve the
desired results in the human subjects.
• Session:8
• Law and Social Engineering :Social engineering is based on
the notion that Laws are used as a means to shape society
and regulate people's behaviour. It is an attempt to control
the human conduct through the help of Law.
• Law as product of Traditions and
Culture :traditions describe a group's beliefs and behaviors
that are passed down from one generation to
another. Culture describes the shared characteristics of the
entire group, which has been amassed throughout its
history
• Social engineering is the act of exploiting human
weaknesses to gain access to personal information and
protected systems. Social engineering relies on
manipulating individuals rather than hacking computer
systems to penetrate a target's account.
• Social engineering has proven to be a very successful way
for a criminal to "get inside" your organization. Once a social
engineer has a trusted employee's password, he can simply
log in and snoop around for sensitive data. With an access
card or code in order to physically get inside a facility, the
criminal can access data, steal assets or even harm people.
• Social engineering is the term used for a broad range of malicious activities accomplished through human
interactions. It uses psychological manipulation to trick users into making security mistakes or giving away
sensitive information.

The most common examples of social engineering are:
• Phishing: tactics include deceptive emails, websites, and text messages to steal information.
• Spear Phishing: email is used to carry out targeted attacks against individuals or businesses.
• Baiting: an online and physical social engineering attack that promises the victim a reward.
• Malware: victims are tricked into believing that malware is installed on their computer and that if they pay,
the malware will be removed.
• Pretexting: uses false identity to trick victims into giving up information.
• Quid Pro Quo: relies on an exchange of information or service to convince the victim to act.
• Tailgating: relies on human trust to give the criminal physical access to a secure building or area.
• Vishing: urgent voice mails convince victims they need to act quickly to protect themselves from arrest or
other risk.
• Water-Holing: an advanced social engineering attack that infects both a website and its visitors with malware.
• Honey trap: An attack in which the social engineer pretends to be an. attractive person to interact with a
person online, fake an online. relationship and gather sensitive information through that. relationship.
Session:9
• Relation between Law and Morality :Laws are generally based on
the moral principles of a particular society. Some points of distinction may
be brought out as follows: (a) Laws regulate external human conduct
whereas morality mainly regulates internal conduct. (b) Laws are
universal; morality is variable.
• Law and Public opinion: Public opinion consists of the desires, wants and
thinking of the majority of the people. It is the collective opinion of the
people of a society or state on an issue or problem. This concept came
about through the process of urbanization and other political and social
forces.
• Public opinion consists of the desires, wants and thinking of the majority
of the people. It is the ... Another way social movements can
influence public opinion is through legal framing. ... On the other hand,
social policy impacts public opinion.
Session:10
• Social Change in the context of Democracy :Social change is
way human interactions and relationships transform cultural
and social institutions over time, having a profound impact
of society. ... Sociologists define social change as changes in
human interactions and relationships that transform cultural
and social institutions.
• Democracy is associated with higher human capital
accumulation, lower inflation, lower political instability, and
higher economic freedom. Democracy is closely tied with
economic sources of growth, like education levels and lifespan
through improvement of educative institutions as well as
healthcare.
• Law as an index of Social Solidarity: Social solidarity emphasizes the
interdependence between individuals in a society, which allows individuals to feel
that they can enhance the lives of others. It is a core principle of collective action
and is founded on shared values and beliefs among different groups in society.
• mechanical solidarity and organic solidarity[1] are the two types of social solidarity
• Mechanical solidarity is the social integration of members of a society who have
common values and beliefs. These common values and beliefs constitute a
“collective conscience” that works internally in individual members to cause them
to cooperate.
• Organic solidarity is social cohesion based upon the dependence individuals have
on each other in more advanced societies. It comes from the interdependence
that arises from specialization of work and the complementarities between people
—a development that occurs in “modern” and “industrial” societies
Unit-3:Law and Social Change in India
• Session:11
• Law and Social Change in Law as an instrument of social
change. Law is the reflection of the will and wish of the
society. ... First is, “Law changing the society”, which means that
the law of the land compels the society to be changed according
to it. And secondly is. “Society changes the law”, as per its needs.
• Ancient India :Ancient India represented a distinct tradition
of law, and had a historically independent school of legal theory
and practice. The main aim of the law in the Vedic period was to
preserve "dharma" which means righteousness and duty. ...
Dharma provided the principal guidance by which one
endeavored to lead his life.
• Interpretation of Srutis, Smritis and other Commentaries to accommodate
social change :
• Shruti, (Sanskrit: “What Is Heard”) in Hinduism, the most-revered body of
sacred literature, considered to be the product of divine
revelation. Shruti works are considered to have been heard and
transmitted by earthly sages.
• Smriti” means “what is remembered”. With Smritis, a systematic study
and teaching of Vedas started. Many sages, from time to time, have
written down the concepts given in Vedas. ... The Smriti were accepted as
statements of laws and they became an effective source of Hindu Law.
• The work done to explain a particular Smriti is called a commentary. 
Session:12
• Socio-legal Reforms during Medieval Period:In the history of Europe, the Middle
Ages or Medieval Period lasted from the 5th to the late 15th century. It began with
the fall of the Western Roman Empire and merged into the Renaissance and
the Age of Discovery.
• Medieval India refers to a long period of the history of the Indian subcontinent
between the "ancient period" and "modern period". It encompasses the 6th to the
16th centuries.
• The social changes in the early medieval India were mainly the product of
certain economic developments, such as land grants and large scale transfers of land
revenues and land to both secular and religious elements, decline of trade and
commerce, loss of mobility of artisans, peasants and traders, unequal distribution .
• One of the major legal systems developed during the Middle Ages was Islamic
law and jurisprudence. A number of important legal institutions were developed by
Islamic jurists during the classical period of Islamic law and jurisprudence.
• Social Reforms during British Regime :The British introduced
several changes in Indian social practices to exemplify the
efforts of reformers. ... Hence, under Charter Act of 1833
slavery in India was abolished and under Act V of 1843 the
practice of slavery got sacked by law and declared illegal. The
Penal Code of 1860 also declared trade in slavery illegal
• Session:13
Session:13
• Freedom Movement and Social Reform Ideas :A
reform movement is a type of social movement
that aims to bring a social or political system
closer to the community's ideal.
• The idea of reform—the drive to improve
society and the lives of Americans—grew
during the mid-1800s. Reformers set out to
improve the lives of the disadvantaged,
especially enslaved people and the urban poor.
Session:14
• Law and Social Change in Modern India –

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Session:15
• Sanskritization:Sanskritization (British English,
Oxford spelling), is the process by which 
caste or tribes placed lower in the caste
hierarchy seek upward mobility by emulating
the rituals and practices of the dominant or
upper castes. It is a process similar to 
"passing" in sociological terms. This term was
made popular by Indian sociologist M. N.
Srinivas in the 1950s.
• Westernization: is a process whereby societies
 come under or adopt Western culture in
areas such as industry, technology, politics, 
economics, lifestyle, law, norms, mores, 
customs, traditions, values, mentality, 
perceptions, diet, clothing, language, alphabet
, religion, and philosophy. During colonialism
 it often involved spread of Christianity.
• Modernization:  the transformation from a traditional, rural,
agrarian society to a secular, urban, industrial society.
• Reforms through codification of laws:  codify means to
arrange laws or rules into a systematic code. The process
of codification can involve taking judicial decisions or legislative acts
and turning them into codified law. ... The codification of law helps
identify inconsistent laws, duplicate laws, and ambiguous laws.
• Law reform or legal reform is the process of examining
existing laws, and advocating and ... Many law reform bodies are
statutory corporations set up by governments, although ... The four
main methods in reforming law are repeal (get rid of a law),
creation of new law, consolidation (change existing law)
and codification.
Unit-4: Religion, Language, Community and Law

• Session:16
• Interrelation between Religion and Law: India is a country
of religious diversity and religious tolerance is established in
both law and custom. Throughout the history
of India, religion has been an important part of the country's
culture. ... The Constitution of India also declares the
right to freedom of religion as a fundamental right.
• Freedom of Religion in India: Freedom of religion in India is a
fundamental right guaranteed by Article 25-28 of the
Constitution of India. ... Every citizen of India has a right to
practice and promote their religion peacefully.
Session:17
• The Concept of Secularism: Secularism refers
to the separation of religion from the state. It
means that the state should not discriminate
among its citizens on the basis of religion. It
should neither encourage nor discourage the
followers of any religion
• Freedom of Religion in India: Freedom of religion in
India is a fundamental right guaranteed by Article
25-28 of the Constitution of India. ... Every citizen
of India has a right to practice and promote
their religion peacefully.
• The Concept of Secularism: Secularism refers to the
separation of religion from the state. It means that
the state should not discriminate among its citizens
on the basis of religion. It should neither encourage
nor discourage the followers of any religion
• personal Laws and Uniform Civil Code :Personal laws are
primarily concerned with marriage, divorce, custody of child,
maintenance for divorced women, guardianship, adoption,
succession and inheritance. ... Faith of a person in religion is not
fettered by personal law. We have uniform criminal laws and
there is no reason why we cannot have uniform civil laws.
• Uniform Civil Code (IAST: Samāna Nāgrika Saṃhitā) is a proposal
in India to formulate and implement personal laws of citizens
which apply on all citizens equally regardless of their religion. ...
Personal laws are distinguished from public law and cover
marriage, divorce, inheritance, adoption and maintenance.
Session:18
• Language and society : Social context recognises that people
use language and that language is a part of society. Social context tries to
describe, and account for, the different ways that different people
use language. ... It considers the relationship between a person's language and
their social identity.
• Language is central to social interaction in every society, regardless of location
and time period. Language and social interaction have a
reciprocal relationship: language shapes social interactions and social
interactions shape language.
• Multi Linguistic culture and its
challenges:social language encompasses the everyday writing and ... with offices
in several countries where English is not the native language. ...
safety culture for an organization, across geographic and linguistic borders.
Session:19
• Equality in Language Rights: Equality and non-
discrimination on the ground of language is
also to the fore in the UN Covenants. Article 2
of the International Covenant on Economic,
Social and Cultural Rights[41] (ICESCR)
states: ... All persons are equal before the law
and are entitled without any discrimination to
the equal protection of the law.
• Constitutional Protection to Linguistic Minorities in India:Article
29 protects the interests of the minorities by making a provision that any
citizen / section of citizens having a distinct language, script or culture
have the right to conserve the same. Article 29 mandates that no
discrimination would be done on the ground of religion, race, caste,
language or any of them.
• Language Policy and Constitution : The Article 29 states that any section
of the citizens who have a “… distinct language, script or culture of its own
shall have the right to conserve the same.” ... This Article also states that
English will continue to be used as an official language for 15 years from
the commencement of the Constitution.
Session:20
• Caste as a divisive and integrative factor:
• Discrimination and violations on the ground of caste-
• Caste Politics in India: In India, different political parties
represent the interests of different caste groups. The upper and
merchant castes such as Brahmin, Rajput and Kayasth and the
rich Muslim groups tend to express their interests through the
Congress Party.
• Protective discrimination:  is the policy of granting special
privileges to the downtrodden and the underprivileged sections
of society, most commonly women. These are affirmative action
programs, most visible in both the United States and India, where
there has been a history of racial and caste discrimination.
Session:21
• Scheduled Castes, tribes and backward classes: A favored
treatment under the protective discriminations in respect of
Scheduled castes, Scheduled Tribes and other Backward
Classes is provided under Art.15(4), 16(4), 330 and 332 of the
constitution.
• The purpose of reservation in India
• The two main aims to provide reservation as per the Consitution of India are:
• Advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) OR any socially
and educationally backward classes of citizens (Eg: OBC) OR economically weaker
sections (EWS) – Article 15 (4), Article 15 (5), and Article 15 (6),
• Adequate representation of any backward class of citizens OR economically weaker
sections (EWS) in the services under the State. – Article 16 (4) and Article 16 (6)
• The extent of Reservation in India
• In India, reservation is provided in:
• Government Educational Institutions (like IITs, IIMs etc) – as per Article 15 – (4), (5),
and (6)
• Government Jobs (like IAS, IPS etc) – as per Article 16 – (4) and (6)
• Legislatures (Parliament, and State Legislature) – as per Article 334


Unit-5: Evolution of the Constitution and Social
Change
• Session:22
• In 1858, after the First War Independence in 1857 which is also known as
Revolt of 1857, the rule of the East India Company was brought to an end. ...
Government of India Act in 1858 was the first statute passed by parliament
which is marked as the beginning of the evolution of the Indian Constitution.
Government of India Act in 1858 was the first statute passed by parliament
which is marked as the beginning of the evolution of the Indian Constitution.
How was our constitution evolved?
• It imparts constitutional supremacy and not parliamentary supremacy, as it is not
created by the Parliament but, by a constituent assembly, and adopted by its people,
with a declaration in its preamble. ... It was adopted by the Constituent Assembly on
26 November 1949, and came into effect on 26 January 1950.
• Read more at Legal Bites © Reserved: 
https://www.legalbites.in/historical-background-and-evolution-of-the-
indian-constitution/
• Adult Franchise: Universal suffrage (also called universal franchise,
general suffrage, and common suffrage of the common man) gives the
right to vote to all adult citizens, regardless of wealth, income, gender,
social status, race, ethnicity, or any other restriction, subject only to
relatively minor exceptions.
• Concept of Welfare State:The welfare state is a way of governing in
which the state or an established group of social institutions provides
basic economic security for its citizens. By definition, in a welfare
state, the government is responsible for the individual and social
welfare of its citizens.
• .
Session:23
• Incorporation of Basic Human Rights: Human
rights include the right to life and liberty,
freedom from slavery and torture, freedom of
opinion and expression, the right to work and
education, and many more. Everyone is
entitled to these rights, without discrimination
• Reservation Policy:  in India is a process of reserving certain percentage of
seats (maximum 50%) for a certain class such as Scheduled Castes, Scheduled
Tribes, Backward classes, etc. in Government educational
institutions, government jobs, etc. The reservation policy is an age
old policy being practiced in India.
• There shall be a reservation of 16.66 per cent for the members of the
Scheduled Castes, 7.5 per cent for the members of the Scheduled Tribes and
25.84 per cent for the members of the Other Backward Classes.
• Reservation Policy, Statutory Commissions :
• Reservation Policy, Statutory Commissions :
• The Mandal Commission, or the Socially and Educationally Backward Classes
Commission (SEBC), was established in India on 1 January 1979 by the Janata
Party government under Prime Minister Morarji Desai with a mandate to
"identify the socially or educationally backward classes" of India….. ………
• NCBC:What is NCBC?
• 102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes
(NCBC).
• It has the authority to examine complaints and welfare measures regarding socially and educationally backward classes.
• Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.

• National SC Commission: Duties and Functions of the Commission:


• Constitution of India under Article 338 has assigned the following duties and functions to the Commission.
• A) To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution
or under any other law for the time being in force or under any order of the Government and to evaluate the working of such
safeguards;
• B) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
• ST Comission: National Commission for Scheduled Tribes (NCST) is an Indian constitutional body that was established through
Constitution (89th Amendment) Act, 2003.

• Problems of National Integration and Regionalism: castism, communalism, linguistics fanaticism, regionalism,
social disparities, Economic inequalities, political parties etc.

Session:24
• Constitutional Interpretation and Social Change:
"Constitutional interpretation" comprehends the methods or
strategies available to people attempting to resolve disputes
about the meaning or application of the Constitution.
•  There are four sources that have guided interpretation of the
Constitution: (1) the text and structure of the Constitution, (2)
intentions of those who drafted, voted to propose, or voted to
ratify the provision in question, (3) prior precedents (usually
judicial), (4) the social, political, and economical.
Session:25
• Amendments to Right to Property: By 44th Amendment Act 1978 of the Constitution of India, a
new article namely 300A was inserted and titled as Right to Property.
• agrarian reforms: Traditionally, agrarian, or land, reform is confined to the redistribution of land;
in a broader sense it includes related changes in agricultural institutions, including credit, taxation,
rents, and cooperatives.
• Land reform, a purposive change in the way in which agricultural land is held or owned, the
methods of cultivation that are employed, or the relation of agriculture to the rest of the economy.
Reforms such as these may be proclaimed by a government, by interested groups, or by revolution.

Agrarian Reform in India had been adopted to reallocate the agricultural resources among all the
people directly connected with agriculture.
...
Main objectives of agrarian reform in India were:
• Setting proper land management,
• Abolition of Intermediaries.
• Preventing fragmentation of lands,
• Tenancy reform.
• Protection of Women: The Immoral Traffic (Prevention) Act, 1956
 (172.32 KB) 
• The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)
 (239.43 KB) 
• The Indecent Representation of Women (Prohibition) Act, 1986
 (172.32 KB) 
• The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
 (294.55 KB) 
• Protection of Women from Domestic Violence Act, 2005 (330.96 KB) 
• The Sexual Harassment of Women at Workplace (PREVENTION,
PROHIBITION and REDRESSAL) Act, 2013 (371.38 KB) 
• The Criminal Law (Amendment) Act, 2013 (1.72 MB) 
Session:26

• Protection of Women from Domestic Violence


Act, 2005. Long Title: An Act to provide for
more effective protection of the rights
of women guaranteed under the Constitution
who are victims of violence of any kind
occurring within the family and formatters
connected therewith or incidental thereto.
• Protection of Children: Child Protection is any measure or
initiative that addresses or prevents children from situations of
violence, abuse, neglect and exploitation. It refers
to protecting children from or against any perceived or real
danger/risk. It helps to reduce their vulnerability in harmful
situations.
• Children's (NI) Order 1995 The 5 key principles of
the Children's Order 1995 are known as the 5 P's: Prevention,
Paramountcy, Partnership, Protection and Parental
Responsibility. All of the above are self-explanatory –
'Paramountcy' refers to the 'needs of the child' to always come
first.
• In India the primary child
protection provisions are found in the Juvenile
Justice (Care and Protection of Children) Act,
2015. Chapter VI of the Act lays out the
procedure in relation to a child in need of care
and protection and Chapter IX describes
certain offenses against children, including
cruelty.
• Protection of minorities
• Minority rights are part of the general human rights framework and must
be protected through national legislation, appropriate government
policies, and the support of the civil society. ... - the United Nations
Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities (1992);
• The National Commission for Minorities was established by the National
Commission for Minorities Act, 1992 to protect minority rights in the
country. The commission consists of one chairperson and six members
representing the six minor communities – Muslims, Sikhs, Buddhists,
Christians, Parsis and Jains.
Session:27
• Empowerment of other backward
classes:Other Backward Class (OBC) is a
collective term used by the Government of
India to classify castes which are educationally
or socially disadvantaged. ... Until 1985, the
affairs of the Backward Classes were looked
after by the Backward Classes Cell in the
Ministry of Home Affairs.
• Welfare Schemes for Economically Backward Classes

• The Government is implementing following Schemes for Economically Backward Classes (EBCs):-
• Dr. Ambedkar Central Sector Scheme of Interest Subsidy on Educational Loans for Overseas Studies for
Other Backward Classes (OBCs) and Economically Backward Classes (EBCs).
• Dr. Ambedkar Centrally Sponsored Post-Matric Scholarship for the Economically Backward Classes
(EBC) Students. 
• In addition from the year 2017-18, Central Sector Scheme of Assistance to Voluntary Organizations
working for welfare of OBC has been revised with focus on skill development and has been launched
as “Assistance for Skill Development of OBCs/DNTs/EBCs”, involving National Backward Classes
Finance and Development Corporation.
• Under the Dr. Ambedkar Centrally Sponsored Post-Matric Scholarship for the Economically Backward
Classes, the scholarship inter-alia includes reimbursement of compulsory non-refundable fees to EBC
students.
• As regards concession in requisite fees in employment and other sectors, the extant rules provide
concession to such classes which are covered under Constitutional provisions.
•  
• Inclusive policy :The definition of inclusive is something
that does not leave any part or group out. An example
of inclusive is a school that has students of all races and
backgrounds.
• Gender Empowerment:Gender empowerment is the 
empowerment of people of any gender. While
conventionally the aspect of it is mentioned for 
empowerment of women, the concept stresses 
the distinction between biological sex and gender as a role
, also referring to other marginalized genders in a
particular political or social context.
Unit-6: Social Reform Legislations in India

• Session:28
• Social problems and Legal control : A social problem is an issue within
the society that makes it difficult for people to achieve their full
potential. Poverty, unemployment, unequal opportunity, racism, and
malnutrition are examples of social problems. So are substandard
housing, employment discrimination, and child abuse and neglect.
• Legislations in India:
• Widow Remarriage: The Hindu Widows' Remarriage Act, 1856,
also Act XV, 1856, enacted on 26 July 1856, legalised
the remarriage of Hindu widows in all jurisdictions of India under East
India Company rule. It was drafted by Lord Dalhousie and passed by
Lord Canning before the Indian Rebellion of 1857.
• Prohibition of Child Marriages: The object of
the Act is to prohibit solemnization of child
marriage and connected and incidental matters. To
ensure that child marriage is eradicated from within
the society, the Government of India
enacted Prevention of Child marriage Act 2006 by
replacing the earlier legislation of Child
Marriage Restraint Act 1929.
Session:29
• Abolition of Untouchability: Abolition of
untouchability: Article 17 of the constitution
abolishes the practice of untouchability. ... The
Untouchability Offences Act of 1955 (renamed
to Protection of Civil Rights Act in 1976)
provided penalties for preventing a person
from entering a place of worship or from
taking water from a tank or well.
• Practice of Sati: The ancient Hindu tradition called sati, wherein a
widow would throw herself on her husband's pyre and burn to death,
was initially a voluntary act considered courageous and heroic, but it
later became a forced practice.
• An Act to provide for the more effective prevention of the commission
of sati and its glorification and for matters connected therewith or
incidental thereto. 1. Short title, extent and commencement. - (1)
This Act may be called the Commission of Sati (Prevention) Act, 1987.
• Devadasi System :  Devadasi system is a religious practice whereby
parents marry a daughter to a deity or a temple. The marriage usually
occurs before the girl reaches puberty. In recent decades, the practice
has been used to push young girls into prostitution.
• Dowry System :
• The dowry system in India refers to the durable goods, cash,
and real or movable property that the bride's family gives to
the groom, his parents and his relatives as a condition of the
marriage.
• Dowry Prohibition Act, Indian law, enacted on May 1, 1961,
intended to prevent the giving or receiving of a dowry. Under
the Dowry Prohibition Act, dowry includes property, goods, or
money given by either party to the marriage, by the parents of
either party, or by anyone else in connection with the marriage.
• Bonded Labour : also known as debt bondage and peonage,
happens when people give themselves into slavery as security
against a loan or when they inherit a debt from a relative. ... Then,
while the worker labors to repay the debt, the employer continues
to add on additional expenses.
• With an aim to end this practice, Indian Parliament enacted Bonded
Labor System (Abolition) Act, 1976.
Session:30

• Suppression of Immoral Traffic in Human Beings :Immoral


Traffic Prevention Act, 1986
• In 1950 the Government of India ratified the International
Convention for the Suppression of Immoral Traffic in
Persons and the Exploitation of the Prostitution of others. In
1956 India passed the Suppression of Immoral Traffic in
Women and Girls Act, 1956 (SITA).
• Child labour : refers to the exploitation of children through any form of
work that deprives children of their childhood, interferes with their
ability to attend regular school, and is mentally, physically, socially and
morally harmful.
• Under the Child Labour (Prohibition & Regulation) Act, 1986 the
engagement of children up to 14 years was prohibited in certain
hazardous occupations and processes and to regulate the conditions of
work of children in other employments. Now, Government has enacted
the Child Labour (Prohibition & Regulation) Amendment Act, 2016 which
came into force with effect from 1st September, 2016. The Amended Act,
named as the Child and Adolescent Labour (Prohibition & Regulation)
Act, 1986 interalia covers complete prohibition on employment or work
of children below 14 years of age in all occupations and processes;
Session:31
• Women’s right to property :
• It has declared that women have the right to equal property even if they
were born before 2005 and whether the father was alive or not at that
time. If the woman died before the amendment came into force, her
share can be passed on to her children. ... It will make gender justice more
real to women

• On September 9, 2005 the landmark amendment to The Hindu Succession


Act of 1956, which originally denied women the right to inherit ancestral
property ruled that a Hindu woman or a girl will have equal property
rights along with her male relatives for any partition made in ancestral
property.
• Female foeticide :Female foeticide is the process of finding out the sex of the
foetus and undergoing abortion if it is a girl. Although it is illegal, many people
continue to practice it. Besides this, there are some communities which
practice female infanticide - the practice of killing the girl child once she is
born. The Indian government has passed Pre-Conception and Pre-Natal
Diagnostic Techniques Act (PCPNDT) in 1994 to ban and punish prenatal sex
screening and female foeticide.
Surrogacy:Surrogacy is an arrangement, often supported by a legal agreement,
whereby a woman (the surrogate mother) agrees to bear a child for another
person or persons, who will become the child's parent(s) after birth.
• The Surrogacy (Regulation) Bill, 2019 was introduced by the Minister of Health
and Family Welfare, Dr. Harsh Vardhan in Lok Sabha on July 15, 2019.
Regulation of surrogacy: The Bill prohibits commercial surrogacy, but allows
altruistic surrogacy. ...
• Protection to Senior Citizens:The term “senior citizen”
typically refers to someone who is retired and above the age
of 60 or 65.
• 88B, 88D and 88DDB of Income Tax Act there are discount in
tax for the elderly persons. Life Insurance Corporation of India
(LIC) has also been providing several scheme for the benefit of
aged persons, i.e., Jeevan Dhara Yojana, Jeevan Akshay
Yojana, Senior Citizen Unit Yojana, Medical Insurance Yojana.
Session:32
• Indian Marx The basic logic of Marx's theory of
justice is that the relations of distribution are to be
interpreted not through political and legal concepts
of fairness and justice, but through the relations of
production, and the relations of production are to
be interpreted through productive labor ist critique
of law and justice:  Man is crushed by the stringent
economic laws and cruel behaviour of the
capitalists. 
• Karl Marx saw capitalism as a progressive
historical stage that would eventually stagnate
due to internal contradictions and be followed
by socialism. ... They believe that private
ownership of the means of production
enriches capitalists (owners of capital) at the
expense of workers
Session:33
• ... Naxalite movement: cause and cure:Their origin can be traced to the split in
1967 of the Communist Party of India (Marxist) following the Naxalbari peasant
uprising, leading to the formation of the Communist Party of India (Marxist–
Leninist) two years later. Initially, the movement had its epicentre in West
Bengal.
• Causes
• Tribal discontent:
– The Forest (Conservation) Act, 1980 deprives tribals, who depend on forest
produce for their living, from even cutting a bark.
– Massive displacement of tribal population in the naxalism-affected states due to
development projects, mining operations and other reasons.
• Easy Target for Maoists: Such people who do not have any source of
living are taken into naxalism by Maoists.
– Maoists provide arms and ammunitions and money to such people.
• Gaps in the socio-economic system of the country.
– Government measuring its success on the basis of number of violent attacks
rather than the development done in the naxal-affected areas.
– Absence of strong technical intelligence to fight with naxalites.
– Infrastructural problems, for instance, some villages are not yet connected
properly with any communication network.
• No Follow-Up from administration: It is seen that even after police
takes hold of a region, administration fails to provide essential
services to the people of that region.
• Confusion over tackling naxalism as a social issue or as a security
threat.
• State governments considering naxalism as the central government’s
issue and thus are not taking any initiatives to fight it.
• ... Naxalite movement: cause and cure:Their origin can be traced to the split in 1967 of
the Communist Party of India (Marxist) following the Naxalbari peasant uprising, leading
to the formation of the Communist Party of India (Marxist–Leninist) two years later.
Initially, the movement had its epicentre in West Bengal.
• auses
• Tribal discontent:
– The Forest (Conservation) Act, 1980 deprives tribals, who depend on
forest produce for their living, from even cutting a bark.
– Massive displacement of tribal population in the naxalism-affected states
due to development projects, mining operations and other reasons.
• Easy Target for Maoists: Such people who do not have any source
of living are taken into naxalism by Maoists.
– Maoists provide arms and ammunitions and money to such people.
• Gaps in the socio-economic system of the country.
– Government measuring its success on the basis of number of violent attacks
rather than the development done in the naxal-affected areas.
– Absence of strong technical intelligence to fight with naxalites.
– Infrastructural problems, for instance, some villages are not yet connected
properly with any communication network.
• No Follow-Up from administration: It is seen that even after police
takes hold of a region, administration fails to provide essential
services to the people of that region.
• Confusion over tackling naxalism as a social issue or as a security
threat.
• State governments considering naxalism as the central government’s
issue and thus are not taking any initiatives to fight it.
• Steps taken by the Government
• Operation Green Hunt: It was started in 2010 and massive deployment of security forces was done
in the naxal-affected areas.
– From 223 districts that were affected due to naxalism in the year 2010, the number has come down to 90 in
nine years.
• The government even started ‘Relief and Rehabilitation Policy’ for bringing naxalites into
mainstream.
• Members of Central Committee Politburo of communist parties have either been killed or arrested.
• Aspirational Districts Programme: Launched in 2018, it aims to rapidly transform the districts that
have shown relatively lesser progress in key social areas.
• Continuous efforts of government have reduced the frequency of violent attacks in the naxalism-
affected regions.
• Suggestions
• Government needs innovative solutions for locating armed groups in the thick forests of the
naxalism-affected regions.
• Local Police knows the language and topography of a region; it can fight naxalism better than the
armed forces.
– Andhra Police rose ‘Greyhounds’; special forces to deal with naxalism in the
state.
• Government needs to ensure two things; security of the peace-loving
people and the development of the naxalism-affected regions.
• State governments need to understand that naxalism is their problem
also and only they can tackle it effectively. They can take help from
central government if required.
• India has made some success in containing naxalism but the root
causes have not been addressed yet. The central and the state
governments should continue to follow the two pronged strategy i.e.
ensuring safety of the people in the naxal-affected regions as well as
taking initiatives for the development of such regions.  
Unit-7:Law and Economic Change

• Session:34
• Land Reform Laws and their
Implementation:Land policy in India has
undergone broadly four phases since
Independence. 1. The first and longest phase
(1950 - 72) consisted of land reforms that
included three major efforts: abolition of the
intermediaries, tenancy reform, and
the redistribution of land using land ceilings.
• Implementation of land reforms:
• Laws for land ceiling were enacted in various
states during 50s & 60s which were modified
on the directives of central government in
1972. Under the 1949 Indian constitution,
states were granted the powers to enact
(and implement) land reforms.
• Pre Independence
• Under the British Raj, the farmers did not have the ownership of the lands they cultivated, the landlordship of the
land lied with the Zamindars, Jagirdars etc.
• Several important issues confronted the government and stood as a challenge in front of independent India.
Post Independence
• A committee, under the Chairmanship of J. C. Kumarappan was appointed to look into
the problem of land. The Kumarappa Committee's report recommended comprehensive
agrarian reform measures.
• The Land Reforms of the independent India had four components:

– The Abolition of the Intermediaries:Abolition of intermediaries: Abolition of zamindari and


similar intermediary tenures during 1950-55 essentially involved removal of intermediary levels
or layers of various amorphous and parasitic groups in land between the State and the actual
cultivators. ... It led to large-scale ejectment of poor tenants from land.
– Tenancy Reforms
– Fixing Ceilings on Landholdings
– Consolidation of Landholdings.
• The Bhoodan and Gramdan Movements
• Vinoba Bhave, a disciple of Mahatma Gandhi, noticed the problems faced by
the landless harijans in Pochampalli, Telangana.
• He led the movements in an attempt to bring about a “non-violent revolution” in
India’s land reforms programme.

– The movements were about urging the landed classes to voluntarily surrender a part of their
land to the landless giving it the name- Bhoodan Movement.

• It began in 1951.
• In response to the appeal by Vinoba Bhave, some land owning class agreed to
voluntary donation of their some part of land.
• The Central and State governments had provided the necessary assistance to Vinoba
Bhave.
• Later, the Bhoodan gave way to the Gramdan movement which began in 1952.
• Objectives of Land Reforms
• Restructuring of agrarian relations to achieve an egalitarian structure.
• Elimination of exploitation in land relations.
• Actualization of the goal of “land to the tiller”
• Improvement of socio-economic conditions of the rural poor by widening
their land base.
• Advantages of land reforms:
• Today many arguments in support of land reform focus on its
potential social and economic benefits, particularly in
developing countries, that may emerge from reforms focused
on greater land formalization. Such benefits may include
eradicating food insecurity and alleviating rural poverty.
• Landlessness is the quality or state of being without land, access to
land, or having private ownership of land. Although overlapping
considerably, landlessness is not a necessary condition of poverty.

• Allotment of land to landless poor


Session:35
• Nationalization of Banking and Insurance companies:
• The stated reason for the nationalization was to give the
government more control of credit delivery. With the second
round of nationalizations, the Government of India controlled
around 91% of the banking business of India. 
• Banking: January 1949
• The first bank in India to be nationalized was the Reserve Bank of India
which happened in January 1949. Further, 14 other banks were
nationalized in July 1969. Bank of India, PNB, and many others were part
of this nationalization.
• There are three phenomena in which banking in India can
be divided. The pre-Independence phase which is before
1947. The second phase – 1947 to 1991. And the third
phase from 1991 and beyond.
• In the first phase, the banking system in India was
established. Thus, it began with the foundation of the Bank
of Hindustan in 1770.
• It operated till 1832. There were many banks which were a
success and still continue to lead. These were Allahabad
bank, Bank of India, Punjab national bank, etc. Thus, the
main event during this time was the merger of banks.
• Bank of Madras, Bank of Bombay, and Bank of Bengal
merged and formed an imperial bank of India. Later it
named as the reserve bank of India.
• The second phase is broadly known as the nationalization
of banks in India. Thus, considering the economic planning,
this phase was the foundation for today’s economic
condition.
• The third phase was marked by the development of banks.
This was due to the liberalization of economic policies.
Many large and private banks came into the picture during
this time.
• Insurance:Insurance is a legal agreement between two parties i.e. the insurance company
(insurer) and the individual (insured). In this, the insurance company promises to make good
the losses of the insured on happening of the insured contingency. ... The insured pays a
premium in return for the promise made by the insurer.
• Types of insurances:three most important types of insurance: property, liability, and life.
• 7 Types of Insurance
• Life Insurance or Personal Insurance.
• Property Insurance.
• Marine Insurance.
• Fire Insurance.
• Liability Insurance.
• Guarantee Insurance.
• Social Insurance.
• Nationalization of Insurance companies in India: An Ordinance issued on 19th
January 1956 nationalised the Life Insurance sector and Life Insurance Corporation
of India (LIC) came into existence in the same year. The LIC absorbed 154 Indian, 16 non-
Indian insurers as also 75 provident societies. ... It came to India as a legacy of British
occupation.
• Reasons for nationalization:The Insurance Amendment Act of 1950 abolished Principal
Agencies. However, there were a large number of insurance companies and the level of
competition was high. There were also allegations of unfair trade practices. The
Government of India, therefore, decided to nationalise the insurance business.
• Advantages of nationalization of insurance businessExternal benefits for the economy of
broadband provision. ...
• Low borrowing costs. ...
• Equity and basic utility. ...
• National infrastructure is a natural monopoly. ...
• Captures monopoly profit/Increases consumer surplus. ...
• Loss of profit motive.
• Globalization is the process by which people and goods move easily across
borders. Principally, it's an economic concept – the integration of markets, trade
and investments with few barriers to allow the flow of products and services
between nations.
• globalization divided into three major areas: economic globalization,
cultural globalization, and political globalization.  globalization is the process by
which people and goods move easily across borders. Principally, it's an economic
concept – the integration of markets, trade and investments with few barriers to
slow the flow of products and services between nations.10-Jan-2017
• Impact of globalization :Globalization has led to a sharp increase in trade and
economic exchanges, but also to a multiplication of financial exchanges. In the
1970s world economies opened up and the development of free trade policies
accelerated the globalization phenomenon. Between 1950 and 2010, world
exports increased 33-fold
Session:36
• Emergence of WTO:It officially commenced
operations on 1 January 1995, pursuant to the
1994 Marrakesh Agreement, replacing the
General Agreement on Tariffs and Trade
(GATT), which was established in 1948. ...
Studies show that the WTO has boosted trade,
and that trade barriers would otherwise be
higher in its absence.
• WTO: Impact on Economic
changes:the WTO has lowered trade barriers
and increased trade among member
countries. On the other hand, it has also
maintained trade barriers when it makes
sense to do so in the global context.
Therefore, the WTO attempts to provide
negotiation mediation that benefits the
global economy
Session:37
• Disinvestment:Disinvestment in India is a
policy of the Government of India, wherein
the Government liquidates its assets in the
Public sector Enterprises partially or fully. The
decision to disinvest is mainly to reduce the
fiscal burden and bridge the revenue shortfall
of the government.
• Privatization of Public Sector Undertakings:
• Privatisation of the public sector companies by selling off part
of the equity of PSEs to the public is known as disinvestment.
• Objectives of Privatisation:
• Providing strong momentum to the inflow of FDI
• Privatisation aims at providing a strong base to the inflow of
FDI.
• Increased inflow of FDI improves the financial strength of the
economy.
• Improving the efficiency of public sector undertaking (PSU’s)
• On 17 May 2020, as part of a stimulus package
the Finance minister Nirmala Sitharaman
announced that the government
will privatize all Public sector enterprises in
non-strategic sectors. ... Since financial year
1991-92 to 2017-18 the Government of India
sold public assets totalling ₹3,47,439 Crore.
Session:38
• Contract service in public Employment:
• Public Employment:Employment by the State.
• Contract of Service refers to the engagement of
the services of an individual, private firm,
other government agency, non-governmental
agency or international organization as
consultant, learning service provider or
technical expert to undertake special project or
job within a specific period
Impact of public employment on social security:
:Social security is the protection that a society
provides to individuals and households to
ensure access to health care and to guarantee
income security, particularly in cases of old
age, unemployment, sickness, invalidity, work
injury, maternity or loss of a breadwinner.
Session:39
• Concept of Grama nyayalayas:Gram Nyayalayas Act,
2008 is an Act of Parliament of India enacted for
establishment of Gram Nyayalayas or village courts for
speedy and easy access to justice system in the rural areas
of India. The Act came into force from 2 October 2009.[1]
 However, the Act has not been enforced properly, with
only 208 functional Gram Nyayalayas in the country (as of
03 September 2019) against a target of 5000 such courts.
[2]
 The major reasons behind the non-enforcement
includes financial constraints, reluctance of lawyers,
police and other government officials.
Session:40
• Jurisprudence of sarvodaya:All people will be
imbued /inspired with the spirit of love,
fraternity, truth, non-violence and self-
sacrifices. Society will function on the basis on
the non-violence. ... Sarvodaya stands for the
progress of the all. All individual should do
individual labour and follow the ideal of non
possession.
• Gandhiji on sarvodaya: Sarvodaya is a term
meaning 'Universal Uplift' or 'Progress of All'.
The term was first coined by Mohandas
Gandhi as the title of his 1908 translation of
John Ruskin's tract on political economy,
"Unto This Last", and Gandhi came to use the
term for the ideal of his own political
philosophy.
• Vinoba bhave on sarvodaya: Acharya Vinoba
Bhave, the walking saint of India preached
the will-to-good to all, through the exposition
of his humanitarian ideals of Sarvodaya
philosophy. Bhave's ideal has been perpetual
peace. He advocated the self cultivation of
certain human values which give man the
desired courage and confidence to meet the
challenges of society.
• Jayaprakash Narayan on Sarvodaya:Sarvodaya is a
people‟s socialism.”(Prasad, p.161) Jayaprakash Narayan
argued, “It is the initiation of a new humanity and a new
civilization”. It is collective welfare programme. The
Sarvodaya society will free from centralised authority with
autonomous village. Local self government, self
management, mutual cooperation, sharing, freedom,
equality and brotherhood will practice in the Sarvodaya
society. He wanted create an administration based on
„Lok Niti‟ instead of „Rajniti‟. He was always disfavour to
use the muscle power in politics.
• Socialism:Socialism is a political, social and
economic philosophy encompassing a range of
economic and social systems characterised by
social ownership of the means of production
and democratic control or workers' self-
management of enterprises. It includes the
political theories and movements associated
with such systems.
• Socialist thought on law and justice:CRITICAL ANALYSIS OF
THE SOCIALIST LEGAL SYSTEM  :Socialist law is the official
name of the legal system used in Communist states. It is
based on the civil law system, with major modifications and
additions from Marxist-Leninist ideology.
•  Socialist principle of justice
• Historically and in theory, the idea of social justice is that all
people should have equal access to wealth, health, well-
being, justice, privileges, and opportunity regardless of their
legal, political, economic, or other circumstances
• .
Unit-8: Science, Technology, Modernization
in India.
• Session:41
• Information&CommunicationTechnology-its
impact on Law and Social change:
• It empowers people to share knowledge and
advice instantaneously and set up an online shop
or website at a low cost, dramatically lowering
the barriers to starting a business. As such, it is
an important enabler of change and ICT maturity
is closely linked to economic growth.
Session:42
• Impact of industrilization and urbanization on
environment:Due to
uncontrolled urbanization in India, environme
ntal degradation has been occurring very
rapidly and causing many problems like land
insecurity, worsening water quality, excessive
air pollution, noise and the problems of waste
disposal.
Session:43
• Sustainable development , Modernization as an
integral feature in law:The main features of
sustainable development are:
• it respects and cares for all kinds of life forms.
• it improves the quality of the human life.
• it minimizes the depletion of natural resources.
• it enables the communities to care for their own
environment.
Session:44
• Modernization: Modernization refers to a model of
a progressive transition from a 'pre-modern' or
'traditional' to a 'modern'
society. ... Modernization theory suggests that
traditional societies will develop as they adopt more
modern practices.
• Social institutions are mechanisms or patterns of
social order focused on meeting social needs, such
as government, economy, education, family,
healthcare, and religion.
• Reforms of Family law: There are five broad
sets of family laws in India – Hindu law, which
governs all Hindus as also Buddhists, Jains and
Sikhs; Muslim law for the Muslims;
Christian law for the Christians; Parsi law for
the Parsi's and a secular law i.e. the Special
Marriage Act. The religion-based laws are
derived from religious texts.
• Reforms of family law:Family law is a legal
practice area that focuses on issues
involving family relationships, such as
adoption, divorce, and child custody, among
others. ... Some family law attorneys even
specialize in adoption, paternity,
emancipation, or other matters not usually
related to divorce.
• Reforms to family law:
• Marriage and Divorce
• Custodian and Guardian
• Adoption and Maintenance
• Succession and Inheritance.
Session:45
• Agrarian reform:Agrarian Reform in India had
been adopted to reallocate the agricultural
resources among all the people directly
connected with agriculture. After
independence, the Government
of India started the process of building equity
in rural population and improvement of the
employment rate and productivity.
• Industrialization of agriculture: Process
of Industrialization resulted in changes in crop
pattern from traditional crops to commercial
crops, supply of the agriculture labour due to
rural -urban migration, conversion of rural
land into urban areas and industrial land,
reducing the availability of land for agriculture
• Industrial reforms:Industrial Policy Reforms: In order to
consolidate the gains already achieved during the 1980s,
and to provide greater competitive stimulus to the
domestic industry, a series of reforms were introduced in
the Industrial Policy. ... Industrial licensing was abolished
for all projects except in 18 industries.
• On July 24, 1991, Government of India announced its
new industrial policy with an aim to correct the distortion
and weakness of the Industrial Structure of the country
that had developed in 4 decades; raise industrial efficiency
to the international level; and accelerate industrial growth.
• Free enterprise vs state regulation:Free enterprise, or the free market,
refers to an economy where the market determines prices, products, and
services rather than the government. Businesses and services are free of
government control.
• Seven key characteristics of a free enterprise system are explored below.
• 1 - Economic Freedom. ...
• 2 - Competition. ...
• 3 - Equal Opportunity. ...
• 4 - Binding Contracts. ...
• 5 - Property Rights. ...
• 6 - Profit Motive.

• State control:State regulation means regulation made by the State Authorities under the Act.


• Industrailization and Environment al
protection: Industrialisation has led
to environmental degradation in terms of
industrial pollution. With industries operating,
a 100 per cent pollution-free environment is a
myth. ... Adequate and effective pollution
control measures are required so that adverse
effects on the environment are minimised.
• Industrialization and environmental protection
Acts: The Act envisages establishment of NGT
in order to deal with all environmental laws
relating to air and water pollution,
the Environment Protection Act, the
Forest Conservation Act and the
Biodiversity Act as have been set out in
Schedule I of the NGT Act.
Reform of court process
• Reform of court process:The requirement for judicial
reforms is highlighted by the fact that the limited supply
of judges to cater to the vast demand for the attention
of courts by accumulating cases has led to a rise in the
figurative price of justice.
• Criminal justice reform addresses structural issues
in criminal justice systems such as racial profiling,
overcriminalization, mass incarceration(putting large
number of criminals in prison), and recidivism(convicted
person repeatedly committing crimes) .
Session:46
• Reform of court proces: An accused person can negotiate with
the prosecution for a lesser punishment than what is provided
in law by pleading guilty to a less serious offence. ... Some of
the salient features of 'Plea Bargaining' in India are that it is
applicable in respect of those offences for which punishment is
up to a period of 7 years.
• ss-plea bargaining:Criminal Justice Reforms will Make Plea
Bargaining Effective in Reducing Pendency of Cases. ... Criminal
and civil laws that were codified by the Britishers were adopted
with a rider provided in Article 13 of the Constitution, i.e, any
law will be invalid to the extent it violates fundamental rights.
• Compounding and payment of compensation
to victims: Section 357 of the Criminal
Procedure Code, 1973 provides some reliefs to
the victims as the court is empowered to
direct payment of compensation to any
person for any loss or injury caused by the
offence. But in practice the said provision has
not proved to be of much effectiveness.
Session:47
• Civil law(ADR): Alternative Dispute
Resolution (ADR) refers to any means of
setting disputes outside of the Court
Room. Alternative Dispute Resolution (ADR)
refers to a variety of processes that help
parties to resolve disputes without a trial.
• Confrontation vs consensus:
• Consensus theory is a social theory that holds a particular political or 
economic system as a fair system, and that social change should take place within
the social institutions provided by it. Consensus theory contrasts sharply with 
conflict theory, which holds that social change is only achieved through conflict.
• Under consensus theory the absence of conflict is seen as the equilibrium state of
society and that there is a general or widespread agreement among all members of
a particular society about norms, values, rules and regulations. Consensus theory is
concerned with the maintenance or continuation of social order in society.
• Consensus theory serves as a sociological argument for the furtherance and
preservation of the status quo. It is antagonistic to conflict theory, which serves as
a sociological argument for modifying the status quo or for its total reversal. In
consensus theory, the rules are seen as integrative, and whoever doesn't respect
them is a deviant person. Under conflict theory, the rules are seen as coercive, and
who transgresses them is considered an agent of change
• Mediation and Conciliation:Mediation and Conciliation are
two methods of conflicts resolutions in which a third-party is
involved. ... Mediation and Conciliation refer to the dispute
resolution process in which two or more parties attempt to
reach an amicable agreement with the help of a third party.
• difference between mediation and conciliation:
• Conciliation is similar to mediation, in that a conciliator will
help disputing parties to come to a mutually agreeable
solution. A conciliator can provide advice and guidance on the
issues at hand and make suggestions as to potential options on
the table. Conciliation can be voluntary or court ordered
• Lok Adalats:Lok Adalat is one of the
alternative dispute redressal mechanisms, it is
a forum where disputes/cases pending in the
court of law or at pre-litigation stage are
settled/ compromised amicably. ... Lok
Adalats have been given statutory status
under the Legal Services Authorities Act, 1987.
• Prison Reforms:Draft National Policy on Prison
Reforms and Correctional Administration
• Amending the constitution to include principles
of prison management and treatment of undertrials under
DPSP, and including prisons in the concurrent list.
• Enactment of uniform and comprehensive law on matters
related to prisons.
• These purposes
are retribution, incapacitation, deterrence and
rehabilitation. Retribution means punishment for crimes
against society.
• Criminal Justice reforms include reforms in
Judiciary and the justice system, Police reforms
and prison reforms. Though all 3 reforms are
equally important to society at large, prison
reforms get the low level of attention in most
of the countries including India. This is why it is
said Prison is a recruitment centre for the
army of crime.
• Present condition of Prison in India:
• Indian prisons face three long-standing structural constraints: overcrowding,
understaffing and underfunding. The inevitable outcome is subhuman living
conditions, poor hygiene, and violent clashes etc.
• Extradition of fugitive under UN Convention directly depends on prison reforms
– g.: India lost the case of bringing KIM DEVY from Denmark who is accused of PURILA
ARMS DROP CASE.
• under trials lose four of their fundamental rights: the right to liberty, freedom of
movement, freedom of occupation, and freedom of dignity. And the legal
right to vote as well.
• NHRC figures show that prisoners cut off from family and friends had a 50%
more chance of committing suicide than those outside.
• While 33% of the total requirement of prison officials still lies vacant. Police
personnel in India is 181/lakh population which is much less than the UN
prescribed 222/lakh.
• Challenges in prison reforms:
• Prison is a State subject.
• Prison Act 1894, which governs prisons with
modifications is more than a century old and
focus more on keeping them alive (headcount)
not reform and rehabilitation.
• No separation between hard hand criminals
and petty under trails.
• Concept of social justice:“Social justice is the view
that everyone deserves equal economic, political
and social rights and opportunities. Social workers
aim to open the doors of access and opportunity for
everyone, particularly those in greatest need.”
National Association of Social Workers. “Social
justice encompasses economic justice.
• The five main principles of social justice include
access to resources, equity, participation, diversity,
and human rights.
Session:48
• Social justice and judicial process:The judicial process is
the series of steps a legal dispute goes through in the
court system. It deals with procedural issues, and it
determines the roles of the judge and the jury in a
courtroom. The judicial process also deals with the role
and jurisdiction of individual courts over each type of law.
• Social justice is fairness as it manifests in society. That
includes fairness in healthcare, employment, housing, and
more. Discrimination and social justice are not
compatible. While “social justice” as a term sees
widespread use these days, it's not new.
• Public interest litigation:Public interest
litigation is the use of the law to advance
human rights and equality, or raise issues of
broad public concern. It helps advance the
cause of minority or disadvantaged groups or
individuals. ... Public law concerns the various
rules and regulations that govern the exercise
of power by public bodies.
•  Public interest petitions can be filed only in
the Supreme Court or the High Court.
• Who can file PIL
• Any Indian citizen can file a PIL, the only condition
being that it should be filed in the public interest
rather than private interest. If an issue is of very
public importance, many times the court also
takes suo motu cognizance in such a case and
appoints a lawyer to handle such a case.
• Judicial Activism:Judicial activism in
India implies the authority of the Supreme
Court and the high courts, but not the
subordinate courts, to declare the regulations
unconstitutional and void if they breach or if
the legislation is incompatible with one or
more of the constitutional clauses.
• Separation of powers:
• Separation of powers, division of the legislative, 
executive, and judicial functions of government
 among separate and independent bodies. Such a
separation, it has been argued, limits the possibility
of arbitrary excesses by government, since the
sanction of all three branches is required for the
making, executing, and administering of laws.
• Judicial Review: The constitution
of India provides an express provision
for judicial review in the shape of Article
13. ... This power has been conferred on the
High courts and the Supreme court
of India which can declare a law
unconstitutional if it is inconsistent with any of
the provisions of part 3rd of the constitution.
• Curative Petition:A curative petition may be filed after a
review plea against the final conviction is dismissed. It is
meant to ensure there is no miscarriage of justice, and to
prevent abuse of process. A curative petition is usually
decided by judges in chamber, unless a specific request for
an open-court hearing is allowed.
• A curative petition is the last constitutional resort
available for redressal of grievances in court after a review
plea is dismissed or has been exhausted. The concept
of curative petition originated from a landmark judgment
in Rupa Ashok Hurra V. Ashok Hurra and Anr.
• A curative petition may be filed after a
review plea against the final conviction is dismissed.
It can be entertained if the petitioner establishes that
there was a violation of the principles of natural justice,
and that he was not heard by the court before passing an
order. It must be rare rather than regular.
• A mercy petition is the last resort available to a convict
having death sentence after all legal and judicial remedies
like review and curative petitions are exhausted. For
seeking mercy petition, the death sentence by a trial court
must be confirmed by the High Court.

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