Law and social justice in daily life

A person is a social human being living in the group, called society. He has to do various activities for his livelihood. Some activities are good or some are bad. In other words, some are beneficial for the society and some are harmful to the society. To regulate the activities of human behavior a group of set activities is introduced by regulatory authorities so that no one could harm the other one, this set of rules is called Law. 

Importance of Law: The law is important for a society for it serves as a norm of conduct for citizens. It was also made to provide for proper guidelines and order upon the behaviour for all citizens and to sustain the equity on the three branches of the government. It keeps the society running. Without law there would be chaos and it would be survival of the fittest and everyman for himself. Not an ideal lifestyle for most part. 

The law is important because it acts as a guideline as to what is accepted in society. Without it there would be conflicts between social groups and communities. It is pivotal that we follow them. The law allows for easy adoption to changes that occur in the society. 

Society is a ‘web-relationship’ and social change obviously means a change in the system of social relationship where a social relationship is understood in terms of social processes and social interactions and social organizations. Thus, the term, ‘social change’ is used to indicate desirable variations in social institution, social processes and social organization. It includes alterations in the structure and functions of the society. Closer analysis of the role of law vis-à-vis social change leads us to distinguish between the direct and the indirect aspects of the role of law.

  1. Law plays an important indirect role in regard to social change by shaping a direct impact on society. For example: A law setting up a compulsory educational system.
  2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner constituting a direct relationship between law and social change. For example, a law designed to prohibit polygamy.

Law plays an agent of modernization and social change. It is also an indicator of the nature of societal complexity and its attendant problems of integration. Further, the reinforcement of our belief in the age-old panchayat system, the abolition of the abnormal practices of untouchability, child marriage, sati, dowry etc are typical illustrations of social change being brought about in the country trough laws.

Law is an effective medium or agency, instrumental in bringing about social change in the country or in any region in particular. Therefore, we rejuvenate our belief that law has been pivotal in introducing changes in the societal structure and relationships and continues to be so.

Law certainly has acted as a catalyst in the process of social transformation of people wherein the dilution of caste inequalities, protective measures for the weak and vulnerable sections, providing for the dignified existence of those living under unwholesome conditions etc. are the illustrious examples in this regard. Social change involves an alteration of society; its economic structure, values and beliefs, and its economic, political and social dimensions also undergo modification. However, social change does not affect all aspects of society in the same manner.

While much of social change is brought about by material changes such as technology, new patterns of production, etc., other conditions are also necessary. For example, as we have discussed it before, legal prohibition of untouchability in free India has not succeeded because of inadequate social support.

Nonetheless, when law cannot bring about change without social support, it still can create certain preconditions for social change. Moreover, after independence, the Constitution of India provided far-reaching guidelines for change. Its directive principle suggested a blueprint for a new nation. The de-recognition of the caste system, equality before the law and equal opportunities for all in economic, political and social spheres were some of the high points of the Indian Constitution.

Legal system reflects all the energy of life within in any society. Law has the complex vitality of a living organism. We can say that law is a social science characterized by movement and adaptation. Rules are neither created nor applied in a vacuum, on the other hand they created and used time and again for a purpose. Rules are intended to move us in a certain direction that we assume is good, or prohibit movement in direction that we believe is bad.

The social rules are made by the members of the society. Disobedience of the social rules is followed by punishment of social disapproval. There is no positive penalty associated with the violation of rules except excommunication or ostracism. On the other hand, law is enforced by the state. The objective of law is to bring order in the society so the members of society can progress and develop with some sort of security regarding the future. The state makes laws. Disobedience of state laws invites penalty, which is enforced by the government by the power of the state. What is not enforceable is not Law. 

The Concept of Social Justice: The concept of social-economic Justice is a living concept and gives substance to the rule of law and meaning and significance to the ideal of a welfare State. The Indian constitution is an illustration of the forces at work in socio-economic Jurisprudence. It sets out the Directive principles of State Policy fundamental to the governance of the country and spells out a social order in which Justice, Social, economic and political, shall inform all the Institutions of National life. Social Justice takes within its sweep the objective of removing all inequalities and affording equal opportunities to all citizens in social affairs as well as economic activities. The term “Justice without doubt means Justice to the deprived and weaker sections of society bringing an egalitarian order under which opportunities are afforded to the weaker sections of society. 

Social Justice under the Constitution of India:

A picture of the constitution will give us the right perspective for appreciation of the scope and place of Social Justice as an aspiration of the Nation The former chief Justice of India, P.N.Bhagwati Inter-alia observed: “Today a vast social revolution is taking place in the judicial process, the law is fast changing and the problems of the poor are coming to the forefront. The Court has to innovate new methods

Indian Constitution has provided so many rights to the people to protect their fundamental rights but unfortunately most of the people are not aware of their rights. So everyone  should have to know such laws and the rights which not only protect their interests but also ease their daily life. 

  • At the time of driving if your 100ml. blood contains more than 30mg. of alcohol then police can arrest you without a warrant.
  • No woman cannot be arrested before 6 A.M. and after 6 P.M. 
  • A Police officer can’t refuse to lodge an FIR if he/she does so they could be jailed for up to 6 months to 1 year.
  • Even any 5 star hotel can’t prohibit you from drinking potable water and using its washrooms.
  • As per the Section 129 of the Indian Motor Vehicle Act, wearing the helmet is must for two wheeler riders. Section 128 of this Motor Vehicle Act limits maximum two riders on the bikes. This law also says that if the traffic police officer snatches the key from the car or motorcycle, it is illegal. You have the full right to launch a Legal proceeding against the officer.
  • 6. If a young boy and a girl want to live together in “live in relationship” ,they can do so because it is not illegal. Even the new born from this relationship is also a legal son or daughter and this new born have the full right in the assets of his/her father.
  • A police officer is always on duty whether he/she wearing a uniform or not. If a person makes a complaint to the officer, he/she could not say that he can’t help the victim because he/ she is not on the duty.
  • No company can fire a pregnant woman. It may be punishable by a maximum of 3 years of imprisonment..
  • In the case of tax violations, the tax collection officer has the power to arrest you but before arresting you, he/she will have to send a notice to you. Only Tax Commissioner decides that how long you will stay in the custody.
  • As per the Hindu Marriage Act, 1955 (any husband or wife) may apply for divorce in the court on the basis of Adultery (physical relationship outside of marriage), physical and mental abuse, impotency, to leave home without information, to change Hindu religion and adopt other religion, insanity, incurable disease and no information about husband or wife for seven year.
  • Only women police constable can arrest to women.  Male constable doesn’t have the right to arrest women. Women have the right to deny going to police stations after the 6 P.M. and before the 6 A.M. In the case of a serious crime only after receipt of the written order from the magistrate a male policeman can arrest a woman. 
  • There are very few people who know that if their gas cylinder blasts during the cooking of food then the gas agency is liable to pay Rs. 50 lakh to the victim as a compensation. To claim this compensation consumer need to lodge an FIR to the nearest police station and submit it to the concerned gas agency.
  • It would surprise you to know that if you take a gift from any company on the occasion of a festival, it falls into the category of bribery. You can also be sentenced to jail for this crime.
  • If you are fined for a crime (like riding without a helmet or any other reason) then you will not be fined for the same reason in the same day.
  • Any Shop keeper can’t charge more than the printed price of any commodity but a consumer has the right to bargain for less than the printed price of a commodity.
  • If your office does not pay you then you have the power to file an FIR against it within 3 years. But if you report after 3 years, you will not get anything for the due.
  • If you are found involved in “obscene activity” at a public place, you can be imprisoned for 3 months. But in the absence of exact definition of obscene activity police has always misused this act.
  • If somebody belongs to Hindu religion and  have a son or grandson then he can’t adopt a second child. There must be a gap of at least 21 years between you (the adopter) and your adopted son.
  • If you are living in Delhi then your land lord does not have the right to forcefully vacate your house without giving prior notice to you. (Delhi Rent Control Act, 1958, Section.14)

BY Dr. Sailaja.Petikam

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