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MODULE 1 LAW & SOCIAL TRANSFORMATION IN INDIA

1. LAW AND SOCIAL CHANGE :

1.1 LAW AS AN INSTRUMENT OF SOCIAL CHANGE :

Sati Pratha Hindu Widow Remarriage Act 1856 Polygyny - Monogyny Child Marriage Inter Caste Marriage

Judicial Separation,

Divorce Consent Property Rights to Women Coparcener, Local Self Government Women, Atrocities, Reservation Hindu Widow Remarriage Act 1856 Legislation : Education, Organisations, NGOs, Pry. Education Act, Secondary Education Act, Syllabus, Damodar Valley Corp.Act, LIC Act, BPTA, Societies Registration Act 1861. Case Law - Judicial Activism, PIL, Justice Bhagwati, Krishna Iyer, Justice D.A. Desai, PUDR Vs. Delhi Administration. Bodhisatva Sewashram Vs. NTPC Vishakha vs. State of Rajasthan. 1.2 LAW AS PRODUCT OF TRADITION AND CULTURE :

Language 15 thousand year old Cloth 12 thousand year old, Family, Property, Kingdom, Joint Family, Karta, Panch, Panchayat, Panch Parmeshwar Dharmadhikari, Saptapadi, damdupat, Sanskar, Nyayik Darshan, Common Law System and Institutions Cabinet, Prime-Minister, High Court, Reader, Public Prosecutor, Magistrate, Judge, Police Orderly, Clerk of the Court, Peon, Varnabhed, Branding, Brahmvaddh, Shudra, Brahmin, Pandit, Gor, Guru, Gurukul, Acharya, Yagnik, Brahmcharya, Upadhyaya 25 years, Grihasth 50 years, Vansprastha, Deep Roots, Modern values Of egalitarianism, stri adhikar, Justice, Equality, Liberty, Natural justice, audi alteram Partem, cross-examination, examination-in-chief, Barrister, LL.B. Judges, Plaint, WS, speaking order, Precedent, appeal revision, reviews, advocate, affidavit, oath, Stay, injunction, arbitration, preventive arrest, bail, bond, parole, RELIGION AND LAW

2.1 Religion as a Divisive Factor : Ved, Quran, Bible, Gurugranth Saheb, Upnishad, Sunnat, OldTestament, New Testament, Hedaya, Chhati, Sunnat, Option of Puberty, Yagnopavit, Brahmcharya, Gurukul Madarsa, Guru-Shishya, Ustad-Shahgird, Forest, Vivah, Nikah Contract, Iddat Sanatan Sanskar shadi, Karar, Atma, Ruh, Adhyatmic, Ruhani, Deen, Duniya Mehr, Dahej- Kariyavar, No Kanyadan, Var, Saptapadi, Kabool, Putra, Aulad, vadhu, Genesis, Brahmaspati, Kesaria, Green, Bride, Bride Groom, Church, Satya, Chand-Tara, Burqua, Parda, Ring Ceremony, Moustachc, Darhi, Choti, Vaju, No Murti puja, Sayunkt Parivar, karta, Mandir, Masjid, Shivling, Hanuman, Shivalaya, Gurudwara, Agiyari, Synagogue, Girja,5 Namaj, Teerth, Haj, Mecca Madina, Muta Marriage, Pishach Vivah, Ishwar, Khuda, God, Pujari, Iman, Pandit-Mulla, Panch-Quazi, rt, Shariat, Ved, Quran, Hricha,-Ayat, Shabad, 4 wives, Shohar, Nausha, Kailash, Mansarovar, Ajan, Arti, Shankh, Largely Veg, Mostly non-veg, cow-sacred, pig-sacred, mutton, chiken, Beef, Upvas, Roza, Moharram, Ied, 1/3 cannot be disposed, Arthi, Utsav, Purv, Rakshabandhan,

Christmas, Diwali, Id-ul-fitr, Vasiyat, Agni Sanskar, Antim Sanskar, Crematon, Burial, Mutthi, Giddh, cemetery, Quyamat, Doomsday, Jannat, Jahannuma, Dojak, Hoor, Dafan, Maiyat, Swarg-Apsara, Nark, Jallad. Barsi, Pitr, Sangam, Prayag, Jehrai, Shradh, Moksha, Mukti, Bara Bafat,

2.2 SECULARISM As a Solution to the problem

State : Not theocratic, Secular Non-religious, Independent of Religion, 1976 Amendment Religious Other than religious, Not anti-religious Non-celebration by State Religious >< Secular Antonym Iran Saudi Arab, Vatican, Nepal, Conscience, Private, Public. Islamic Republic of Pakistan. Freedom of Religion Arts, 25 to 28 Religious Tolerance, Fraternity, Commonness, Personal Matter Equal Respect to Religions, List of Holidays 19, 1-Christian, 9 Hindu, 3 National 2 Jain 3 Muslim 1 Sikh Equality of Religion Sarla Mudgal Uniform Civil Code, Non-discrimination on Ground of Religion Not non-interference Hindu- Marriage Act, Succession Act, Minority. And Adoption Act, Maintenance and Guardianship Act, Religious Endowments Act, Hindu Window Remarriage Act, Hindu Womens Right to Property Act. Muslim Shariat Act, Wagf Act, Muslim Women Dissolution of Marriage Act, Haj Committee Act. Christian- Christian Marriage Act Parsi - Parsi Marriage Act, Sikh Anand Marriage Act.

AryaSamaj Arya Samaj Marriage Validation Act.

2.3 Reform of Law on Secular Lines : Problems 1. Caste Disabilities Removal Act

2. 3. 4.

Hindu Widow Remarriage Act Hindu Womens Right to Property Act

S.125 Cr. P.C., Child Marriage Restraint, Indian Succession Act Will Act 5. Divorce among Hindu also Special Marriage Act 6. 7. 8. 9. Judicial Separation in Hindus. Right to Succession to Daughters and Wife and Mother. Dowry Prohibition Act. Coparcenary Right to Women.

10. Dissolution of Muslim Marriage Act. 11. Indian Divorce Act. 12. Family Court, Atrocities Act,

2.4 FREEDOM OF RELIGION AND NONDISCRIMINATION ON THE BASIS OF RELIGION.

FREEDOM OF RELIGION : Right to freedom of religion. Arts. 25 to 28 Art. 25 freedom of conscience. Art. 25(1) i) ii) iii) iv) Subject to Public order Rathyatra, Tazia, Morality Health Loudspeaker. Other provisions of this Part all persons -including aliens, are equally entitled to freedom of consicnece and right freely to (a) Profess, (b) Practise, and Rathyatra, Tazia, (c ) Propogate.

Religion Saving : (2) Nothing in this article shall affect the operation of any law or prevent the Sate from making any law (a) regulating or restricting any economic, secular financial, political or other secular activity associated with religious practice. (a) Profess to declare freely and openly ones faith Punjabrao vs. D.P.Meshram

SC 1965 Carry Kirpan explanation Practise - not 24 hrs, pujaris as per tradition and custom, rituals, karmakand, festivals, Cow slaughter - M.H. Qureshi Vs. State of Bihar 1959

(b) Laws providing for i) Social Welfare,

ii) Social Reform iii) Throwing open of the Hindu Religious Institutions of a Public Character (Temples) to all classes and sections of Hindus. So, religious freedom is subject to (1) (2) (3) (4) (5) Public Order Morality Health Social Welfare Social Reform

Minersville School, District Board of Education etc. vs Gobitis, US, 1939, expelled, Pennsylvania, not saluting National flag, Jeyovahs Witness, SC no violation of Freedom of religion, overruled in 1942, 1941. Australia,Teachings against war, National Security Regulations, Checked valid HC of Australia.

Art.26 denomination or section thereof establish, maintain

Institutions for religious and charitable purpose. Manage in matters of religion Karma kand Acquire property and administer it, Swaminarayan, Swadhyay, Ramakrishna Mission, Vaishnavas, Daudi Vohras, Jains, Institution includes Educational institutions, Ex-communication valid. Shri Jagannath Temple Act 1954 Bira kishore Deb vs. State of Orissa 1964 Raja of Puri, committee, Secular aspect Of sevapuja, not persons etc. Thirumala Thirupati Act

right to supercede unlimited invalid, do not create right only recognize.

Art. 27: No taxes to promote a particular religion. Art.28: Education : 1. 2. No religious education in grant-in-aid institution. Govt. College or School established by a trust Requiring religious education may. With consent. Art. 15(1).

3.

Equality of Religions :

2.5 RELIGIOUS MINORITIES AND THE LAW

Arti. 30 : (1) Gives right to religious minorities to (a) Establish and (b) Administer Educational Institutions of their choice. Kerala Education Bill Reference 1957 SC has considered it to be a part of the right of every section of citizens to preserve their culture, script and language given under Article 29(1). Applicable to post as well as pre-Constitutional Educational Institutions. Of choice-not for religion only. Siddharajbhai vs. State of Gujarat 1963 Teachers Training College, established by Christians. Has to admit students of majority community Religion also. Police power of the State to

regulate education and promote it, continues in case of minority educational Institutions also. Although Muslims are biggest religious minority Christians have established and are administering thousands of minority educational institutions. Administer conditions of grant or recognition apply. Minimum land, building, space, qualified teachers and Principal, ventilation, sanitation, urinal, clerk-sufficient, peons, library, books every year. Service conditions, duration, PF, natural justice etc.

Reservation of 80% to nominees of District & Municipal Board School TeachersINVALID.

To choose HeadMaster, Qualifications apply A.M. Patroni vs. Keshvan 1964 Dress - Chinnamma vs. R.Dy DPI 1964 School has power

Corollary to the right conserve culture & religion.

Applies to pre-constitutional educational institutions also in the matter of administer not to teach religion only but choice madarsa, convent. May admit students from other religions also 29(2) can not deny admission to students of other religions if aided, Effective as an educational institution teachers, building, library, sports, qualified etc.

Art. 30(2) - State shall not, in granting aid, discriminate against, on the ground of religion management in the hands of, can not discriminate in other matters also.

Frank Anthony vs. Union of India 1986 Grades of teachers. Christian Medical College Employees vs. CMC Assn. 1988, ID Act applies

Islamic Academy vs. State of Kerala, 14th August 2003. Earlier unconstitutional Unnikrishnan, 20% Management instead of 50% Fee Committee HC Judge. SFI.

Art. 30(2) : No discrimination against minority educational institutions in the matter of grant. Ambedkar merge some day.

3.

LANGUAGE AND THE LAW

3.1 Language as a Divisive Factor : Formation of Linguistic, Sates: Schedule 1 Part A/6 States, Intimate, Art.3 States Reorganisation Act 1956 Schedule First was amended and divided only in I & II Part instead of A,B,C,D. Part-I contained 14 States based on Language, 7th A mendment 1956. 1. Andhra-Telugu, Jammu &Kashmir (J&K) -Kashmiri UrduDagri 10. UttarPradesh Hindi 11. Rajasthan Hindi 12. Madhya Pradesh Hindi 13. Bihar Hindi 9.

2. 3. 4. 5. 6. 7. 8.

Assam-Assamiya Kerala Malagoli Madras Tamil Mysore-Kannada orissa oriya

14. Bombay-Marath & Gujarati Bilingual Punjab Gurmukhi + Hindi, Communication Correspondence Punjabi West-bengal Bengali.

Bombay Reorganisation Act 1960 1960 -9 Maharashtra Marathi,

-10. Gujarat Gujarati. 1966 1970 Punjab Reorganisation Act 1966 Haryana State of Himachal Pradesh Act 1970 Himachal Pradesh, Hindi

3.2 Constitutional Guarantees to Linguistic Minorities. 1.Art. 29(1) : Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. HR 27, TMA Paj Foundation vs. State of Karnataka 1993 St. Stephens College vs. University of Delhi 1992, merit not necessary. 2.Art.30(1) : Lingual Minorities also have a Right to Establish and Administer Educational Institutions of their choice Nationally Punjabis, Gujaratis, Marathis, Bengalis, Tamils etc. In Re Kerala Education Bill 1957, 58, language as well as other things. But according to Art. 29(2), they cannot refuse admission to any student because he is lingual majority. Right to Recognition not included. So rules applicable to others for recognition applicable to them also. State, Board of Pry. Education, Secondary Education, University rules apply. Siddrajbhai vs. State of Gujarat 1963 effective education Jagdev Singh vs. PratapSingh 1965 Agitation for Language. Administer :State of Bombay vs. Bombay Education Society 1955 Anglo-Indian, Hindi or Indian

language as a medium. Qualification, percentage, time. Appointment of Vice-Principal A.M. Patroni vs. Keshavan 1964 English Medium Parents Assn. Vs. State of Karnataka 1994. They can decide Medium. Three Language formula.

From national point of views citizens speaking Gujarati, Marathi, Punjabi, Bengali, Oriya, Tamil, Telugu, Kannada, Malayalam, Urdu etc. Section of Citizens only citizens Art. 25 All persons. Not NRI who are not living in the territory of India NRI Gujaratis, Tamils etc. have no right to conserve their distinct language, script, culture, Right in Art 29(2) is also confined to citizens. So no Indian can be denied admission in any educational institution only on the ground of language. Thus Constitution Guarrantees to lingual minorities right to establish and run educational institutions to conserve their languages. In case of States, lingual minorities may be different A.M. Patroni vs. Keshavan 1964 Kerala, Right to carry out agitation for promotion of a language included in 29(1). Grant-in-aid institutions cannot deny admission on ground of language. Language not included in 15(1). Aid includes Grant under Article 337. Champakam Anglo-Indian-29(2) also.

It is only 29(2), which prohibits discrimination on ground of language, Even minority educational institutions cannot refuse admission on ground of language. Aid includes grants u/s 337 of the Constitution In re Kerala Education Bill 1957. Even State executive can not ask the minority educational institutions to restrict admission the concerned minority. Even not for promotion of national language. Qualification, Discipline can be ground. Effect should not be denial of admission on ground of language, whatever the object. 30(2) Lingual minority educational institution can not be discriminated against in the matter of grant-in-aid.

3.3 Language Policy and the Constitution : Official Language (Not National) Multi-Language System Three language Formula Part- 17th (XVIIIth) Language of the Union (O.L.) Art. 343 to 351 (9 Articles)(11 Articles) Upto 1965 English, thereafter Art. 343 Union 1965 Hindi, even after that parliament may continue. Art. 344 Commission 5, 10 years Official Language Act 1963 English Committee 30 Members, 20 + 10 HP CS Regional Language Art. 345 State Legislature may adopt one or more OLs or OL of the State regional languages Art. 346 Interstate OL or Hindi Art. 347 Section within a State eg. Urdu Union also can Courts SC, HC Art. 348 Courts OL until parliament provides otherwise

Art. 349 Procedure no bill upto 15 yrs. or Presidential Assent. Special Directions. Art. 350 Grievance Officer or authority of the Union or State in Language used in the Union or the State as the case may be respresentation. Tamilnadu Tamil, Kerala Malayalam, M.P. Hindi 350 A- Mother tongue at Pry. Education level. To linguistic minorities in State 1956 350 B- Special officer for Linguistic Minorities at the Union Level. Appointed by President. Rights under Art. 29 & 30 also. Laid before each House of Parliament & States concerned. Art. 351 : Promote Hindi duty of the Union to develop it. First Sanskrit than other languages. Tatsam, Hindi officers.

3.4 NON-DISCRIMINATION ON GROUND OF LANGUAGE 29(2) : No citizen shall be denied admission by an educational institution Maintained or Aided by State On grounds only of language State of Bombay vs. Bombay Education AIR 1954 Society State directed that they should admit only Anglo Indians or Indian Citizen of Non-Asiatic Origin by Circular Order. In English Medium Classes, educational institutions , Morarji. Held Unconstitutional Art. 15(1)(1) Religion (6)16(2) Descent (2) Race (7)Residence Citizen (3) Caste (4) Sex (5) Place of Birth

So does not include language. 29(2) includes languae. Appliesonly to Educational Institutions, so State can discriminate on ground of language and insist that its employees should know its language. Union can also insisit on knowledge of any language. SFI can also insisit on knowledge of any language.

4. Community and the Law


4.1 Caste as a Divisive Factor :
Varnavyavastha : Purushsukta, Manuvad ? Occupational Educational

Untouchability : Upendra Baxi Small Hole, Jail, Marc Gallanter Barve Committee 1949, Bombay Malkani Committee 1966 Solappa Committee 1975 Bangalore Second Backward Class Commission 1980 Art. 340 SEBC First 1953 Report 1955 Majority- Chairman Opposed Not accepted Caste perpetrate castism- UG- economic test suggested Rajni Kothari by birth, caste, reason of poverty Tension, bihar, Balchi, Villipuram, Aurangabad transfer any case, consent not necessary, However a hearing is compulsory. Notified in advance, so that pre-litigation matters may also be braught.

Criminal-only compoundable. Can issue summon and also compel appearance, administer auth. Permanent : Ahmedabad, Rajkot so many other places, retd.Judges, wholetime. 16(4) Not adequately represented framd on the constitution Excessive, Devdasan Vs. Union of India 1964, Carry forward altra vires, 68%, OBC. G M, South Railway vs. Rangachari, 1962 adequate representation higher posts. Statutory Commission : President may appoint, Art. 340, report, recommendations laid before Parliament. SEBCs, any person thinks fit., by order, number of members not provided., investigate, conditions, difficulties.

4.2 Non-discrimination on the Ground of Caste.


Article 15(1) upper Lower Forward- Backward Savarn - Avarn Communal Order Champakam Doraorakam Vs. State of Madras AIR 1951 Brahmins, Non-Brahmins, Muslims etc. Jail Lal vs. Padam Singh AIR 1954 MP High Court, forwared debtors of certain caste State Act. State of Rajasthan vs. Pratap Singh AIR 1960 Notification under Police Act, compulsory levy on inhabitants of certain area except Harijans.

4.3 Acceptance of Caste as a Factor to Undo Past


Injustices Champakam Dorairajan Caste Refused but Ist Amendment in 1951 Permitted Scheduled Caste. Socially & Educationally Backward CLASSES (SEBC) Article 340 Commission for SEBC 1. Caste/Class considered backward by others 2. Manual Labour First 3. Lower age of marriage Commission 4. Female workers more Majority 5. % of Illiterates more Majority 6. Drop-outs more - Caste 7. Matriculates less - Chairman UG opposed, perpetuate Caste Debunked Loosened, economic, 18 States started giving Preference, Rajni Kothari.

4.5 Reservation.
Statutory Commission, Statutory Provisions. Reservation : SC, ST 21.5% OBC Article Article 15(4) Special Provision

16(4) Special Provision

Reservation in Admissions : 27% recommended for State Institutions. In Tamilnadu since 1927. Navodaya Vidyalays Residential Schools recommended by Mandal Commission in 1978. Medical, Engineering, Science, MBA, Law, In Punjab 1951, Kerala 1963, Maharashtra 1964, Andhra 1970, Karnataka 1975m /Gujarat 1976 Jock 1977, Bihar 1978 UP 1978, Not in MP, Rajasthan, Orissa, arunachal, Manipur, Mizoram, Nagaland, Sikkim, Tripura and UTs except Pondicherry. Quantum : 31% in Tamilnadu Since 1927, 50% from 1980, 48% in Karnataka since 1975. 42% in J&K since 1977. 25% in Kerala since 1963, 5% in PG. 25% in Andhra Since 1970, 24% in bihar since 1978, 15% in UP, 34% in Maharashtra, 2% in Haryana and Punjab, increa to 5% in Punjab since 1965. Reservation in Public employment : Tamilnadu already had since 1927, 31% increased to 50% in 1980. Maharashtra had 34% since 1964 raised to 80% for EWS since 1979, Karnataka has 50% since 1975, J&K 42% since 1977, Kerala 40% since 1963 Andhra 25% since 1970, Bihar 20% since 1978, UP-15% since 1978.

Second Traditional Indian Society Consequence of Caste Social Backwardness 2. Ibrahim Wazir vs. State of Bombay 1954 S.7 Influx from Pakistan (Control) Act 1949 Citizen of India CG Permit Unconstitutional 3. State of M.P. Vs. Baldev Prasad AIR 1961 S.4 C.P. & Berar Gundas Act 1946 (a) DM Externment No opportunity No formal satisfaction of the fact That citizen was a Gunda. Unconstitutional 4. Gurudatt Sharma vs. State of Bihar AIR 1961 S.2 official Secrets Act 1913 Prohibited Areas Security 5. State vs. Kaushailiya AIR 1964 Movement of Prastitute - Not unconstitutional 6. Jan Mohd. Vs. State of Gujarat AIR 1966

Violating Rules of Market Expelled from Market - Not Unconstitutional

5. Regionalism and the Law


5.1

Regionalism as a Divisive Factor : Son of the said, nobady can be in one sense mountain, river, south Indian, North Indian, Pabadi, Jamil, Punjabi, Marwadi, Gujarat, Climate, Food, Cooking medium, caconat. Kshetravad or Prantwad

5.2

Concept of India as one Unit. 301 to 307. Economicunity, Interdependonce, Spice, Whgat, Cotton, Sugar, Rice, Oil, Hydroelectricity, Iron are, Zinc Rajasthan, SorceVaranasi, Surat, Graundnat oil, medicine Gujarat, gold.

5.3 Fundamental Right 19(1)(d)(5) & 301 to 307. Citizens - to move freely within the territory of India. Art. 21 Personal Liberty oven abroad. Maneka Gandhi According to the procedure established by Law ( c) Right to reside and settle in any part of the territory of India. Reasonable restrictions in the interests 19(5) Of General Public Scheduled Tribes General Public : 1. N.B. Khare vs. State of Delhi AIR 1950 SC East Punjab Safety Act 1949, temporary Act, State Govt Subjective satisfaction, exterment order by DM of Delhi, no period in Act. Emergency Not unconstitutional Reasonable

6.1 Crimes Against women


1. 2. S.498A, added in 1983, offences Against Marriage S.306, Abetting Suicide, husband abetted Death Under Suspicious Circumstance, 7 yrs. Cr.P.C. S.174(1) to(3) officer-in-charge or other Officer of nearest Police Station. Morgue Report. Immediately Inform SDM, DM. Executive Cr.P.C. 176 : Magisterial Inquest, in the presence of 2 or more witnesses of neighborhood. S.304 B : Dowry Death - 6700 S.326, 327 : Serious injury, burns, burden of proof on husband domestic violence S.374 Rape Life Imprisonment, definition extended. Presumption, 15500 S.354 Molestation 3200 S.363-373 kidnapping & abduction - 16000 S.509 Eve teasing 9000 S.113A- Evidence Act Burden of Proof on Male SITA-1956-9400 Reasons : Dearth of Women Police officers & Judges Family Courts. Women Cell in Police Helpline. More than one Past-Mortem Social workers May be Associated.

3. 4. 5. 6. 7. 8. 9.

6.2 Gender Injustice and its various forms


Vishaka vs. State of Rajasthan, Sexual Harassment

6.3 Womens Commission


National Commission for Women Act 1990 (NCW) Mrs. V. Mahini Giri Girija Vyas
Dr. Poonam Advani Ph.D. in Law Section 10(1)(a) & (d) Legal awareness amongst

Women and girls.

6.4 Empowerment of Women :


Constitutional & other Legal Provisions Constitutional Provisions : Article 15(1) State shall not discriminate against any Citizen (including women and girls) on ground of Sex only. Article 15(3) : Nothing in the Article shall prevent State From making special provisions for women (including girl). Other legal Provisions S.498A Dowry 7 yrs. 113A of Evidence Act. S.306B Rape & Dowry Death 498 A, Cognisable 306 B, Panchayat-Gram -33% } Reservation Taluka Panchayat -33% } Reservation Zill Panchayat -33% } IX A, 73rd Amendment Municipalities -33% ] Part 1992 Corporations -33% ]

7.1

Child Labour

Article 24 :
No. child below the age of 14 years shall be employed to work in any

Before constitution i) Factory or S.67 Factories Act 1948 After Constitution ii) Mine, Mines Act 1952 S.52 iii) Other Hazardous Employment Article 39 : Tender age of children ought not to be abused avocation unsuited to their age. Tea Rekdi, stall Not Hazardous 38 Crore children 12 Crore below 5 years.
26 Crore educable.

Only 18 Crore are enrolled rest 8 Crore are child labourers. 4.3.1 Organised Sector : 1. Zari Saree etc. 2. Carpet - Shatrunji 3. Bidi Karimganj Andhra, Morning 5 AM Bus-120, 4. Glass. 5. Crackers Shiva Kashi, Tamilnadu 6. Matches

4.3.2 1. 2. 3. 4. 5. 6.

Unorganised Sector

Tea Rekdi, Stall, Bus, Truck cleaner, Restaurant Bearer, Waiter, Dhabas, Parotha Houses Family Trade Permitted by 1938 Act Rag Picking School permitted Other Rekdis Houses

Prior to independence Employment of Children Act 1938 Not under 15 1. Transport & Port Not under 12 2. Bidi Making, Matches, Explosives, Fireworks Mica, Cutting & splitting Soap Wool

Compulsory Education
Compulsory Education Acts in various States. Freedom of the child not to get educated. Freedom of the parents not to educate their children Educated have lesser chance of becoming delinquent Background. Role of Community - State Family Voluntary bodies (NGOs) Individuals. 1. Community State, Appointment of CWC Fund Welfare Programmes ICWS Funding Pry. Education Grant-in-Aid. Police-Special Child Unit Boys club

7.2

Sexual Exploitation :
upto 10 Yr. upto 10 Yr.

IPC 1860 Ses. 372 - Selling Girls for Sexual Abuse or boy Ses. 373 - Buying girls for Sexual Abuse or boy Below 18 yrs in both cases.

Ses. 375 - Rape 16 yrs. any girl Life or 10 With consent 12-15 yrs. wife ] yrs. upto Without consent wife ] 2 Yr. Ses. 377 - Unnatural offences with children Sodomy. Imprisonment for Life or Upto 10 yrs. imprisonment.

7.3

Adoption and Related Problems :

Among Hindus onlyChild Below 15 years. Difference Opposite Sex 21 years. Marriage not material, but no son or daughter. Give in adoption parents or Orphanages - place, where brought up. Foster Parents, - Not adoptive Sound Mind, Adoption Resource Centre. Consent of Wife both types of men. Single Women, Buying & Selling Not Permitted.

7.4

Children and Education :


- Right to Education

Article 21A ECCE

SSA Sarva Shiksha Abhiyan, School Chalein Hum Large amount of public money spent on Grants-in-Aid to Schools. UNECEF also helps DPEP Distirct Primery Education Protgramme Mid-Day Meal

8. MODERNISATION & LAW


8.1. Modernization as a Value.

8.2. Modernization of Social Institutions through Law.

8.3. Reform of Court-Processes.

8.4. Democratic Decentralization and Local SelfGovernment.

8.1

Modernisation as a value : Constitutional Perspectives Reflected in the Fundamental Duties.

Art. 51A of the Constitution, part IVA 10 Duties.(a) to (f). 1. to abide by the Constitution, respect its ideals and institutions, the National Flag and Anthem. Justice, Equality, Liberty, Fraterity, UPSC, EC, Parliament, Panchayat, Nagarpalika, Corp., SC, HC. to cherish and follow, noble ideals which inspired our national struggle for freedom patriotism, egalitarianism, libertarianism. to uphold and protect the Sovereignty, Unity and Integrity. not a dominion, secularism. to defend country, render national service when called upon recruitment. to promote harmony and spirit of common brotherhood, transcending religious, linguistic, regional, sectoral diversities. Practices derogatory to dignity of women Quami Ekta, interstate living. to value and preserve the rich heritage of our composite culture old monuments, Dwarka temple. to protect and improve natural environment, including forests, lakes, rivers, and wildlife, compassion for fellow beings. mountains, rivers, forests, lion, tiger, black-buck. to develop scientific temper, humanism, spirit of inquiry and reform. VanBhatt, Bhaskar Bhatt, Charvack, Charuwak, Observation, Dayanand, telescope, microscope, humanism.

2. 3. 4. 5.

6.

7.

8.

9.

to safeguard Public, Property abjure violence Rail, Railway, Bus, Road, Electric Pole, Buildings. to strive for excellence in all spheres of individual and collective activity. Industry, Agriculture, Wheat, Rice, Fruits, Vegetables, Stock, Cloth, Garment, Car, Cycle, Scooter, Moped, Watch, Punctual.

10.

8.2. Modernisation of Social Institutions through Law.


1. 2. 3. Family Agriculture Industry. Most Important Social Institutions

8.2.1.
1. 2.

Reform of Family Law :


Caste Disabilities Removal Act-1850, Christians. Hindu Widow Remarriage Act 1856 Raja Ram Mohan Ray, Social Reformer, Ishwar Chand Vidyasagar, Indian Penal Code 1860 Section 494 Bigamay-Monogamy, PolyandryPolygyny Spouse-Void in any case it is void, as per the personal law of the party /parties declared marriage.

3.

4.

Married Womens Property Act-1874 Stridhan Widened. Life Estate, can not evict. Indian Succession Act 1925. Indian Divorce Act 1945. Special Marriage Act 1954. Hindu Marriage Act 1955 : Judicial Separation, Divorce, Dissertion, Cruelty. Hindu Succession Act 1956 : Wife, Mother, Daughter.

5. 6. 7. 8.

9.

10. Consent Degree Libaralise Divorce 1973. 11. Family Court Act 1986. Adoption amongs Muslims 2005 12. Coparcenary Right to Women-Hindu Succession Act 1956 amended in 2005,

8.2.2.

AGRARIAN REFORMS INDUSTRIALISATION OF AGRICULTURE.


Intermediary Abolition. NABARD, NDDB Acts. Opium Act 1857, 1878. Sugarcane Act 1934. Rice-Milling Industry (Regulation)Act 1958. Sugar Export Promotion Act 1958. Sugar (Regulation of Production) Act 1961. Agriculture (Refinance and Development)Corporation 1963. Cardamon Act 1965. Sugar Control (Additional Powers) Act 1968. Oil Industry (Development) Act 1974. Cess Acts. Biotechnology Act.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

1.

Intermediary Abolition :

Manipur Land Reforms Act 1960 Tripura Land Reforms Act 1960 Orissa Land Reforms Act 1960 Bombay tenancy (agricultural Lands(Gujarat Amend.)Act 1960 Kumaum and Uttara Khand Zamindari Abolition and Land Reforms Act 1960 Andhra Pradesh (telengana Area)Tenancy Act 1961 Bombay Tenancy and Agricultural lands (vidarbha Region) Act 1958. Rajasthan Land Reforms and Acquisition of Land Estdes. Act 1963 (Amendment ) Act 1981 Rajasthan Tenancy (Amendment) Act 1979 Orissa land Reforms (Amendment) Act 1989 Kerala Act Bihar Act Kerala Act 1971 Act 1969 Bihar Act 1972 Kerala Act 1972 76 Mysore Act 1973 Punjab Land Reforms Act 1972 West Bengal Land Reforms (Amendment) Act 1972 Bombay Tenancy and Agricultural Lands (Gujarat Amendment ) Act 1972. Orissa Land Reforms (Amendment) Act 1974 Tripura Act 1974 Orissa Land Reforms (Amendment) Act 1965 1967 1967 1969 1970

Tripura 1975 Dadra & Nagar Haveli Land Reforms Regulation 1971 (Amendment) 1973 Himachal Pradesh Tenancy and Land Reforms Act 1972 Karnataka Land Reforms (Second Amendment) Act 1976 2. Consolidation : Bihar Consolidation of Holdings Act 1956 UP 1970-75

8.2.3

INDUSTRIAL REFORMS FREE ENTERPRISE : REGULATION Vs BACKGROUND : STATE


1948Public Sector ] Nationalisation ]STATISM LIC, AIC, DVC, STC, Neyveli Lignite, Corporations. Govt. Companies, Control, BHEL, HEL, HAL, SAIL, GAIL, IOC, IDRA, ECA, Turning Point, Maximum Growth, Thatcher, Regulation Free Enterprise Arms Act, Opium Act, Liquor Act, PFA, ECA, (Order, Repeal) Drugs & Cosmetics Act, Censor Board, IDRA (Orders Repeal) MV Act BIS IRDA, MRT, P B, TRAI TDSAT,

1956 -

19771980-

19841992-

Free Market, competition, cost, quality no planning, law custom, complete globalisation, Demand & Supply, RBI Union Subject, Public Interest, Competition. Act., Fair competition, Cotton Yarn, Blended Yarn, Garment, Moped, Bike, Car, Crockery, Ceramics, Footwear, Goggles, Cosmetics, AC, Washing Machine, TV, Computer, Textile, Watch Cloth, Soaps, Toothpaste, Hair Oil, Shampoo, Biscuit, ASCI, - Advertisement, Code Housiery, Under garments, talcum-poweder, lipstick, jeans, files, paints, PFA Industrialisation vs. Environmental Protection : Percentage of Forests, Urban Pollution Air, Water, effluent, Solid waste, SPM, Dying, Chemical, Sugar, Paint, Leather, Graphite, Nagda, Ankleshwar, Water (Pollution Control & Prevention) Act 1974 Naroda, Chimney, Air Pollution (Prevention and Control) Act 1981 Environment Protection Act 1986 Forest (Conservation) Act

8.3 Reform of Court Processes


Judicial Process Reform Judicial Reform.
8.3.1.

Criminal Law : Witness Protection, Maneka Gandhi vs. Conferencing Union of India 1978-Due PTR Nandini Satpathy vs. P.L. Dani 1978 Custodial Interrogation. Plea Bargaining : - Advoate Plead Guilty work reduced, convince during PTR, disclosure of prosecution guidance US. Reduction of Sentence in exchange for confession, Sentence Bargaining, Charge Bargaining, publicity. Compounding : 80% offences compensation may be given, domestic, theft, simple-hurt, cheating, defamation, extortion, mischief. Payment of Compensation to the Victim : Victimology, Rape, Custodial Death S. 357 Cr. P.C.

8.3.2

Civil Law.
1999 Plaint has to be submitted in duplicate O.IV It has to be accompanied with DE list, and all documents in both copies. (Order VII r.14). No document can be added later [Order VII r. 14(3)]. According to order V and S.27 the summon has to be issued to the defendant within 30 days of the submission to the Court. ADR : Arbitration and Conciliation Act 1996, Domestic, International, UNCITRAL 1940, Specialized, Arbitration Clause, Enforceable, hearing, appointment, pleadings, local visit, time-limit, reasoned, according to law, Stamp Duty on Award 1 or More, if silent-1, 15 days notice, Court May appoint, if two 15 days then sole, even number, empire within one month, thirdparty. Confrontation vs. Consensus : Expedition, fast, cheap, both parties go happy. In UK 50% USA-80%, Mediation and Conciliation : Active. Mediation : S.89 CPC, try to convince, by consent only, not necessarily according to law, cases fold or collapse, settlement conference, informal, friendly-free, Medarb : Mixture, discussion good natured, avoid unpleasant confrontation. Gentle probing, limit-how for to go, costs. Conciliation : Arbitration and Conciliation Act 1996 Part-III SS. 61 to 80, offer by one party, acceptance by other or no reply or rejection upto 30 days, Conciliator may be 1, sometimes 2

or 3. 1 if parties agree on one name, one each by either party, or one each and one common, Assist Parties. Lok Adalats : ADR Peculior to India, Chapter VI, LSAA, 1987, SS. 19to 22 Convention DLSA, TLSC, SLSA, HCLSC, SCLSC, Pre-trial also permissible, siting judge, retired judge, advocate, law teacher, social-worker. Timings any, day-any, CIM may transfer any case, consent not necessary. However a hearing is compulsory. Notified in advance, so that pre-litigation matters may also be brought. Criminal only compoundable. Can issue summon and also compel appearance, administer Permanent : Ahmedabad, Rajkot so many Lok-Adalat other places, retd.judges, wholetime.

8.3.2.

PRISON REFORMS
1. First Prison Enquiry Committee (1836). Company Govt. Abolition of Practice of Making prisoners work on Road. 1855 Post of IG Prison Created. Second Jail Enquiry Committee (1862). By British, Sanitation, Quality of Food, Clothe, Health Services Improve. Third Jail Enquiry Committee(1877). By British, prepared a draft for Prison Bill 1889 and revised in 1892. Prisons Act 1894 passed, Provinces framed Prison Rules Classification of Prisoners, Sentence of Whipping, Flogging or Caning Abolished. Indian Jail Reforms Committee (1919). By British Sir Alexander Cardew was chairman, Visited Jails in Japan, Burma, HongKong. Reformative Approach Emphasised. Fix capacity of every jail. Aftercare & Rehabilitation Emphasised. Pakwasa Committee (1949) : Model Jail Established in Lucknow, Payment of Wages started, Handloom & Cottage Industry in Jail. Good Time Laws emphasized.

2.

3.

4.

5.

First Women Jail Established in Yerawada. 1950 Constitution Jail-State List 1951 Dr. W.C. Reckless invited. 6. Committee to Prepare All India Jail Manual (1957). All India Conference of IG Prisons held following policy formulated : 1 Correctional Service to be created 2, Probation, Parole more frequent. 3, Aftercare Centre, one in each State. 4, Jail Manuals to be revised periodically. All India Jail Reforms Committee (1980) Justice A.N. Mulla, Chairman, Report.1983, work for all prisoners. Total Segregation of Children. Indian Prisons and Correctional Service. More budget, Under trials, Segregated. Media Allowed Jail ombudsman. Mental Hospital. Expert Committee on Women Priosners (1988) Justice V.R. Krishna Iyer. 1994 NHRC- Revise Prisons Act 1894.

7.

8.

8.4 Democratic Decentralisation and Local Self Government.


Federalism : US, India, Canada, Australia, Russia, Switzerland, South Africa. Foreign Affairs, Defence, Currency, Communication, Transport Increased means of communication, IT, Transport yet. Communication Gap. Financial Decentralisation, more than any continent (1) Europe-70 Crore (2) America-75 Crore, (3) Africa-70 Crore, (4) Australia 10 Crore, (5) Antaretica 50, size of country 3 crore 200 Countries, Assets, income, import, excise/ sale, land, RSS: Prithvi Raj, Allaudin Khijli, Centre-Strong, Chaukhamba (Four Pillers) : Socialists.Art.40, Rajiv Gandhi : 1988, 15%, Direct Close Servilliance. Part IXA, 73rd Amendment 1992, Arts. 243A to O Panchayats : 5 years, 6 months of Dissolution, Municipalities : 5 yrs, Dissolution 6 months 243P First meeting, Art.243U(2),(3) 6 months of dissolution Reservation 1/3 Women, SC, ST, Proportionate.

9. Alternative Approaches to Law.


9.1

The Jurisprudence of Sarvodaya.


Bentham. Rise of All, Village Centric, moral, decentralisation, labour intensive industry non-violence, reform, expiation, just, non-deterence, non-retribution, non-punition, no revenge, austeretry, simple living high thinking. Against Death Penalty, Non-luxury, Free enterprise, Cottage Industry, Hard Labour, Love, Shramdan, Non-automation, Hand Chakki, Handloom, Khadi, Charkha, Handicraft, Artisan, Naturopathy, Prohibition, Gandhiji : Truth, Self-Reliance but co-operate, SelfPenance, Insistence on Right, Spiritual, Soul Force, Cleanliness, Self-control, moral pressure, Trusteeship, Satyagrah, anshan, upvas, harijan, Hindi, compromise, no public sector or central, no convassing, dissolution of INC, biparty system, love between religious communities, religiousness, Justice truth in action, hate the sin but not the sinner, best government is that which governs least. Vinoba Bhave : Land to the tiller, bhoodan, gramdan, gram swarajya, village centric, panchayat, simple devnagri Hindi, voluntary surrender of extra land, non compulsion, distribution to landless labourers.

Jayaprakash Narayan : Partyless Democracy, Rajshakti, Yuvashakti, ward committees, right to recall, total revolution, Bhrahmcharya, Surrender of Dacoits. Gram Nyayalay : Justice D.A. Desai, Mobile Court, Law Commission, 1983,

9.2

Socialist Thought on Law and Justice : An Enquiry through Constitutional Debates on the Right to Property.
Socialism Statism, 32 Fundamental Rights were grouped into 7 categories. One of the categories was Right to Property (31, 31A, 31B, 31C). Six. Amendments made between 1951 to 1978 i.e. 17 years. Settled in 1978. 1. 2. CAD Art. 31(4) (6) : G.B. Pant, Nehru, Eminent Domain. 1951 (1st) : Explanatory Articles 31 A Estate, Part III, this Part, Lands subject to Land Revenue, 31B, 9th Schadule 13 Acts & Regulations, retrospectively. 1955 (4th) : (2) Not questioned in any Court on adequacy. (2A) Deprivation acquisition or requisition by Stgate or State owned corp., transfer of ownership. 31A- 14, 19, 31, experience, mining, 9th 20 Acts & Regulations, Immune, violation of Part III. 1964(17th) : Retrospective, land tenures, jagir, inam, muafi, janman, ryotwari, forest, pasture land, (2A)deleted 31(2) Proviso market value estate, personal cultivation.

2.

4.

31A Definition of Estate Agricultural Land, Waste Land, 9th 64 Acts. Madras Land Reforms, Rajasthan Tenancy etc. 5. 1971 (25th) : Certain portion invalid by Keshavananda in 1973. Non-abstante 13, 59(b) & (c) to prevail, 14, 19. 31(2A) Re-introduced, 39(b) (c) declared, as violative of Part III. 31 C inserted. 39(b) & (c) to prevail. 1976 (42nd) : Private Property, Fields, Emergency, Socialism, exprapriation, socio-economic justice, nationalization, means of production, Hegel, Palkiwala, Saving of Certain laws. 31A Amended Part IV to prevail. 31C- Amended For DP if violates any provision of Part IV all or any. not void. 1978 (44th) : Article 31 deleted. Part XII Finance, Property, Contracts etc. Chapter IV Right to Property Art. 300A Deprived Amount Art. 19(1)(f) deleted. 31A For Intermediary Abolition, if violates, Art.14, 19, not void. 31 C Re-amended, if violates Art. 14, 19, not void. For implementing Directive Principles.

6.

7.

9.3 INDIAN MARXIST CRITIQUE OF LAW AND JUSTICE.


Karl Marx German 1818 1883 : Theory of Surplus Satpal Dangey 1930, violence, fair & free elections not possible. BT Ranadive Telengana Commune. Rajni Pam Dutt History M.N. Roy, A.K. Gopalan, Peoples Movement EMS Namboodaripad Kerala Telengana, Kerala, West-Bengal, Das Capital Karl Marx, 1818-1883 Materialist, Atheist, Determinist, Class Struggle : Bourgeoisie Not Market, Proletariat PDS, BPL, APL Targeted. Violent, Dictatorship of proletariat, Revolution, Exploitation, Law a Means of Exploitation, no real fair and free elections, investment, commune, abundance, hard work, dialecticism, scientific humanism, imperialism, reactionary, capitalist encirclement, Committed Judiciary, withering away of State, Administration of Things, free love & sex. Against Divestment, Public Sector, Pro-Labour, Labour Laws, Economic theory of Crime, Unequalities.

9.4 Naxalite Movement : Causes and Cure.


Causes : 1) Poverty, Adject 2) Unequal Distribution of Land inspite of Land Ceiling, communist thinking. 3) Non surrender of surplus land. 4) Unemployment. 5) Lack of Entrepreneurship, No faith in election, Bhumi Hathiyao, Naxalbari Village in West Bengal. Operation Barga, Gherao. Cure : 1. Entrepreneurship. 2. Co-operative Farming 3. Unemployment Allowance / employment guarantee.