Professional Documents
Culture Documents
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• 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.
• 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
• 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
• 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 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.