CHAPTER - 04 UNDERSTANDING LAWS

 

CHAPTER - 04 UNDERSTANDING LAWS

 

UNDERSTANDING LAWS  VIDEO LINK

NOTES

What are Laws?

The system of rules which a particular country or community recognises as regulating the actions of its members and which it may enforce by the imposition of penalties

Do Laws Apply to All:

1. As there should be no arbitary exercise of power in independent India therefore the members of Constituent Assembly instituted several provisions in the Constitution that would establish the rule of law.
2. All persons in independent India are equal before the law.
3. All laws apply equally to all citizens of the country and no one can be above the law. That means,the law cannot discriminate between persons on the basis of their religion, caste or gender.
4. Any crime or violation of law has a specific punishment.
5. In ancient India, there were innumerable and overlapping local laws which did not apply equally to all. The punishment for the same crime varied depending upon their caste background with lower castes being more harshly penalised or punished.
6. Members of the Constituent Assembly were agreed there should be no arbitary exercise of power in Independent India. To establish a law, they instituted several provisions in the Constitution.
7. The British colonialists introduced the rule of law in India. Historians have disputed this claim as:
   • The colonial law was arbitrary
   • The Indian nationalists played a prominent role in the development of the legal sphere.
8. The British law of the Sedition Act of 1870 set a perfect example of the arbitrariness. Under this Act, a person protesting or criticising the British government could be arrested without due trial.
9. Indian nationalists began protesting and criticising the arbitrary use of authority by the British.They began fighting for greater equality and wanted to change the idea of law from a set of rules that they were forced to obey, to law as including ideas of justice.
10. By the end of the 19th century, the Indian legal profession began emerging and demanded respect in colonial courts by using laws to defend the legal rights of Indians.
11. Indian judges began to play a greater role in decisions-making.
12. With the adoption of the Constitution, laws for the country began to be made by the representatives.
13. Ever year, representatives pass new laws as well as revise the existing ones.

Hindu Succession Amendment Act 2005: According to this law, sons, daughters & their mothers can get an equal share of family property.

How Do New Laws Come About:

1. The Parliament has an important role in making laws.
2. An important role of Parliament is to be sensitive to the problems faced by people.
3. The issue of domestic violence was brought to the attention of the Parliament and the process adopted for this issue to become law.
4. The Protection of Women from Domestic Violence Act 2005 was implemented to protect women from being abused and injured by male.

Domestic Violence : The injury or harm caused by an adult male(husband) to his wife.

1. The role of citizens is crucial in helping Parliament frame different concerns that people might have into laws.
2. From establishing the need for a new law to its being passed, at every stage of the process the voice of the citizen is a crucial element which makes the work of Parliament more accessible and transparent.

Unpopular and Controversial Laws:

1. Sometimes the Parliament passes laws that turn out to be very popular.
2. Sometimes a law can be constitutionally valid and legal, but it can continue to be unpopular and unacceptable to people because they feel that the intention behind it is unfair and harmful.
3. People might criticise this law, hold public meetings, write about it in newspaper, report to TV news channels etc.
4. In a democracy, citizens can express their unwillingness to accept repressive laws framed by the Parliament.
5. When a large member of people begin to feel that a wrong law has been passed, then there is pressure on the Parliament to change it.
6. If the law favours one group and disregards the other, it will be controversial and lead to conflict.
7. People who think that the law is not fair can approach the court to decide.
8. The court has the power to modify or cancel laws if it finds that they don’t adhere to the Constitution.
9. In India, role of citizens does not end with electing representatives, they also analyse the work done by MP's and criticise their actions, if needed.Therefore, it is stated that people in a democratic country have the right to protest against the unjust laws.

Conclusion:

It is the extent, involvement and enthusiasm of the people that helps Parliament perform it's representative functions properly.

EXERCISE

1. Write in your own words what you understand by the term the ‘rule of law’. In your response include a fictitious or real example of a violation of the rule of law.

Ans.

1. Law is a system of rules, usually imposed through a Government or Institution and is applied to govern a group of people. It shapes politics, economics and society in numerous ways. The term the ‘rule of law’ means that all laws apply equally to all citizens and no one is above the law, not even the President of India. The law cannot discriminate between the person on the basis of their religion, caste or gender. Any crime or violation of law has a specific punishment as well as a process through which the guilt of the person has to be established. 
2. Example of violation of the rule of law:
   • The violation of the rule of law can be seen on the roads. Motorists and pedestrians do not follow the traffic rules. Pedestrians rarely use the zebra crossing and cross the road at will causing harm not only to themselves but also to other road users. Motorists do not adhere to speed limits nor do they stop behind the line at traffic signals. By not following traffic rules, motorists are fined or may harm pedestrians or other motorists.
   • Bribing an official is a crime. But it has become a practice nowadays. It is a complete violation of law.

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2. State two reasons why historians refute the claim that the British introduced the rule of law in India.

Ans. Historians refute the claim that the British introduced the rule of law in India on several grounds, two of which are stated below:

1. The colonial rule was arbitrary. The British passed the Sedition Act in 1870. Under this Act, any person protesting or criticising the British government could be arrested without trial.
2. Indian nationalists played a prominent role in the development of the legal sphere in British India. Indian lawyers began defending Indians and fighting for their rights. Indian judges also played a major role in decision-making.

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3. Re-read the storyboard on how a new law on domestic violence got passed. Describe in your own words the different ways in which women’s groups worked to make this happen.

Ans. The different ways are described below:

1. When complaints by the victims of domestic violence increased, the need for a new law began to be felt.
2. Different forums raised the issue of domestic violence.
3. Lawyer Collective, a group of lawyers, law students and activists, after nationwide consultations, took the lead in drafting the Domestic Violence (Prevention and Protection) Bill. This draft was widely circulated.
4. The Bill was introduced in the Parliament in 2002.
5. The Bill was opposed by the women's group.
6. A press conference was held in which a decision to start an on-line petition was taken.
7. Several women's organisations, National Commission for Women made submissions to the Parliamentary Standing Committee.
8. In Dec 2002, the Parliamentary Standing Committee submitted its recommendations to the Rajya Sabha and these were also tabled in the Lok Sabha.
9. The Committee's report accepted most of the demands of the women's group. Finally a new bill was introduced in the Parliament.
10. After being passed in both the Houses of the Parliament, it was sent to the President for his consent.

The Protection of Women from Domestic Violence Act came into effect in 2006.

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4. Write in your own words what you understand by the following sentence on page 44-45: They also began fighting for greater equality and wanted to change the idea of law from a set of rules that they were forced to obey, to the law as including ideas of justice.

Ans. This line refers to the protests of Indian nationalists against the violation of the rule of law by British authorities and the evolution of a strong legal system supporting Indian citizens. Indians were discriminated against in their own country by the British colonists and the Sedition Act of 1870 was the most prolific example of the breach of the rule of law. According to the Act, any person protesting or criticizing British authority could be punished without a trial. This Act was demonstrated against by Indian freedom fighters in favour of a more just set of rules based on ideas of equality.

The Indian nationalists were fed up with the arbitrary use of authority by the British. They wanted to uproot it in order to bring equality. Many Indians began to practice the legal profession and used it to demand and gain equal rights for all. For example, Dadabhai Naoroji, Madan Mohan Malviya and Motilal Nehru, were moderate leaders who were lawyers who believed in the system of constitutionalism. Bal Gangadhar Tilak was a lawyer who believed in promoting self-reliance for Indians. Indian judges also played a more significant role in the decision-making process. Thus, Indians played a major role in the evolution of the rule of law during times of colonial rule.