Law and Society in India

• Norms and standards help maintain order in society.
• Norms, rules, and standards maintain discipline in society.
• Rules exist in games, families, and schools to govern behavior.
• Rules of marriage, adoption, trade, and commerce exist at a larger level.
• These rules are based on morals, religion, customs, and public opinion.
• Law plays a vital role in regulating interactions in modern times.
• Most laws are based on morals, customs, and public opinion.
• Laws not based on these face public resistance and are difficult to enforce.

Concept or Meaning of Norms

• Social norms are how society believes members should behave.
• Sociologists describe norms as informal understandings governing behavior.
• A norm signifies standards of behavior to be followed by society.
• These standards maintain social order
• Norm-creating institutions include religion, ethical standards, customs, usages, and law.
• Religion played a key role in regulating society in ancient times.
• Religion and law were indistinguishable.
• Later, institutions emerged to set norms.
• All societies impose social control on citizens.
• Societies monitor and regulate behavior.
• Large-scale societies use laws, courts, and police.
• Law is only one aspect of social control and is the least effective.
• Small-scale societies maintain social control without complex legal institutions.
• Understanding social norms is key to understanding social control.
• Norms change over time and can be slow or rapid evolving
• Laws relating to society's norms often have a long delay in catching up.
• The most effective form of social control is accepting moral codes by the society's members.

Role of Norms in Maintenance of Social Order

• Norms play a crucial role in maintaining social order.
• Standards regulate behavior in every sphere of life.
• Moral norms regulate interactions, like helping others in need.
• Social norms prevail in societies regarding marriage and adoption.
• Practices act as norms in trade or business.
• Law also creates norms, with an increasing role in modern times.
• Legal norms are based on the practices or standards in society.
• Legal norms supported by society are followed effectively.
• Laws intervene in immoral social practices to create new norms.
• Laws against dowry, untouchability, and the Sati system are examples.

Role of Law in Social Control

• Independence heralded a new era with societal goals.
• Socio-Economic Goal of the Constitution
• The Constitution laid down goals for the nation to achieve.
• Socio-economic goals and founding faiths were incorporated.
• The law makes environmental adaptations, feels needs, evolves principles, and formulates legislative institutions.
• Goals set by the Constitution made it imperative to bring about socio-economic changes.
• The rediscovery of freedom struggle goals drives social change in India.
• Realization of national identity, reflection on founding faiths, and strengthening resolves leads to the mission.
• Economic declaration battles for self-expression per the Constitution.
• Comprehensive legal change to fight poverty and social disability is needed.

Socio-Economic Changes and Legislative Reforms of Land Law

• Legislative process started to bring about socio-economic changes.
• The economy is based on land, and land policy received priority.
• Excessive pressure on land, concentration of possession, economic condition of peasantry, and need to modernize agriculture had effects on land tenure and reform.
• Independent India paid immediate attention to land legislation per needs and enacted land reforms.
• Legislation has been enacted for the removal of intermediaries, consolidation of holdings, eradicating indebtedness and institutional sources.
• Schemes, projects, and programs for the improvement of agriculture horticulture have been launched.
• Vigorous literacy drives have taken place. Village and cottage industries have been developed.

Labour Law

• The second concern of Nation was to secure welfare of the labor.
• Pre-WWI: almost no labor legislation in India with only some essential legislation introduced for the protection of labor post WWI.
• Post independence: Numerous labor legislations been enacted to ameliorate labor; welfare of the working class; industrial peace.
• The Industrial Disputes Act of 1947 is potential and of great importance
• Chief Justice Gajendragadkar emphasized adjusting labor law to new needs.
• Legislation has been followed by a host of legislation such as The Minimum wages Act, Employees State Insurance Act, and other acts.
• Labor Legislation is now an important part of social and economic legislation to protect the economically weaker community.

Family Law

• Family law was lagging behind social laws.
• Social reforms, religious sects, economic factors, and development had to be changed in law.
• The British government didn't take substantial measures for political reasons.
• Urgent need to change post independence law was felt.
• Conservative groups felt a change was interfering with religion.
• Four major Acts: Hindu Marriage Act, Hindu Succession Act, Hindu Adoptions and Maintenance Act, and Hindu Minority and Guardianship Act, and also the Special Marriage Act.
• Hindu Marriage Act has been amended to meet social requirements.
• These Acts do not break from the past and radically change the ideas and requirements.
• Marriage is not voidable.
• Matrimonial reliefs are given.
• Females rights in succession and proprietary rights have been made equal to make counterparts.
• The position of adoptive females and minors has been firmly supported and secured.
• Dowry Prohibition Act 1961 amended by Dowry Prohibition Amendment Act 1986 has helped the evil practice of Dowry
• Family Courts Act, 1984 has been enacted for the settlement of matrimonial disputes.

Removal of social evils and disabilities

• Acts passed to eradicated societal issues such as U.P. Removal of Social Disabilites Act, Untouchability Offences Act, Prevention of Civil Right Act.
• Practices of Devadasis, animal sacrifices in religious places, and prohibition of entry to certain sections have been removed or regulated.
• Madras Animal Scarifies Act, Madras Prevention of Devadasis Act, Madras Entry Act and lots more passed as well.

Persons with Different Abilities

• Parliament enacted four legislations: (Equal Opportunities, Protection of Rights and Full Participation) Act, National Trust for Welfare of Persons with Autism, Rehabilitation Council and Mental Health
• Mental Health addresses mental authorities, psychiatric hospitals and nursing homes admission and detention in psychiatric hospital or nursing homes inspection, discharge, leave of absence and removal of differently abled persons.

Supreme Court and Socio Economic Changes

• Supreme Court of India is the apex Court of justice: guarantor and protector of the fundamental rights and interpreter. Has duty to secure socio-economic and political to the citizens.

• Constitution is not just legal but also a political document.

• Important is for them to formulate policies through interpretations.

• The Supreme Court has used judicial activism to interpret the law and further socio-economic reforms to society

• The SC isn't shy of responding to implementing such reforms and mold its remedies towards the social interactions and programmes.

• The meaning of of "other authorities" has been considerably widened to cover more institutes within State" and to prevent from violating Fundamental Rights.

• Court began to expand the frontiers of rights through the judicial activism inspirations.

• Right to life was converted into a due process clause. This expanded and encompass many other rights such speedy trial, legal service, human dignity and against torture.

• Directive Principles of States Policy are used

• There is no conflict between the Directive Principles and the Municipality .

• The various decisions help promote social justice.

• Public Interest Litigation is important and plays a crucial role

• Legislation for rural economic welfare has been liberally interpreted and the SC upheld validity of land reform laws.

• Legislature and judiciary have pulled in different directions.

• It is to be noted that there have been occasions where the two agencies of social and economic development i.e the Legislature and the Judiciary have pulled

• right to property was such a matter that the SC interpreted in ways that stood in the ways of economic development.

• They stated that Article 31 of the Constitution was not justiciable in a court of law and that parliament was final in the decision for compensation

• Legislative efforts have also been made been placed on to restrict Bangalore Water Supply as industry

• Legislature and The Courts work together to and shape law respectively.

• This is so to achieve goal and justice for the people based on the Constitution

• Due to ignorance the masses and machinery have to work to make a full impact of this issue

Alternative Dispute Resolution (ADR)

• ADR is similar to external Dispute Resolution. It helps parties come to an agreement and shortens litigation.
• ADR is gaining wide acceptance within legal groups
• Some courts now require ADR's usually including mediation before trying cases.
• Reason for ADR is can be explained by the increasing cases being filed in courts, and this seems like there is fewer costs

Arbitration and Conciliation Act, 1996

• The process starts only of there is an Arbitration Agreement that exists before any dispute occurs among parties.

• The agreement needs to be in writing as with Section 7 states

• It need to include the arbitration clause from a separate document signed by parties.

• The existence of an arbitration agreement can also be an inference by letters, telex which are records of any agreement

• Any party that doesn't cooperate can be approached at the Chief Justice office who will choose an arbitrator

• Limited judicial over the arbitration processes unless some measures need to be taken

• The Arbitration Tribunal has jurisdictions over its jurisdiction.

• 34 provides the need to appeal to original jurisdiction for setting aside the award.

• The award binding if appeal is over

• Arbitration and Conciliation Act of 1996 has mandated accommodation harmonisation

• To help the system, the civil law known as Procedure civil code 1908 (CPC) has been amended - Section 89 was introduced.

• It provides an option for disputes to be dealt with outside the court.

• It says to the to the court those elements, such as settlement, can be sent for Arbitration, Conciliation Mediation or Judicial Settlement.

• Due to slow judicial processes, there are thrusts among alternate Dispute solutions in in while Arbitration and Act 1996 has been a fairly standard western approach The Lok ADA lat system

Conciliation

• Conciliation' is a type of Arbitration with less rules - any offer can be rejected and it doesn't have to be made prior
• Parties may submit statements to the conciliator ( general nature of the dispute or other) ( copy is sent to other party)
• conciliatior can details, ask to meet, communicates writing - can submit dispute to conciliator
• When their is a chance to be settle elements. acceptance need to be sent and each side accepts. Once both parties agree, settlement will binding.
• USA: similar to Mediation However -India, Mediation is completely different

Lok Adalat

• Means "court of the people". The current state is through the mediation of village elders

• This a non adversarial and called Lok Adaits and overseen by different authorities of legalities.

• All exercise with their thoughts - typically judges, activist of legality

• It does not oversee compoundable offences

• While regular suits, plaintiffs are required to pay fee, but there is an exception

• A rigid of procedure is not needed because the quick of the process - parties can directly interact - not regular

• Courts need approval that has been transferred. After the court transfers, party hears other end.

• When not the Ada its have reached compromise matter the get sent back to the. BUT ( reached made parties can't appeal. all proceedings are judicial, and the

The permanent public service lok adaits

• Used to fix or set over major drawbacks the Chapter 6 and the act

• 37/200 from to providing a

• Permanent to deal with

• chapter 6 - has a sitting - is 37/200 and effect form this

• A with the help of service - it serves as reduce to a

• The officer member by 2 of which the chairmen.

• All the case ready - a can and the evidence is

• the dispute condition parties the agreement to binding decision to.

• It's very for settlement and matrimonial suit

• It's boon can were set

for Grass Route level

• to injustices - needed revitalize ancient times practice to justice decentralize The Constitution and India's will

• The in village the - and more

• will the to or any there

• village

• and workers to be

• act, will the this for act now there to hill to bill here there will the for so that any act so

• for of hill. act the

Explore the interplay between law and society in India, examining the Constitution's role in socio-economic change. Learn how laws curb immoral practices, create norms and empower marginalized communities through specific acts such as the Family Courts Act.