Social Norms and Laws

• The lesson introduces various norms and standards that maintain order within society.
• Norms, rules, and standards help maintain discipline

Examples of Norms

• Rules in games like cricket, hockey, and football
• Rules of behavior with elders and younger members in families and schools, like punctuality
• Rules of marriage, adoption, and succession
• Rules regarding trade and commerce
• Laws are based on morals, religion, customs, and public opinion.
• Laws that deviate from these face public resistance and enforcement challenges.

Objectives

• Define 'Norms'
• Distinguish between Legal Norms and other Norms
• Appreciate the role of Norms in maintaining social order
• Explain the role of law in social control
• Define 'Alternative Dispute Resolution' (ADR)
• Describe the various forms of Alternative Dispute Resolution (ADR)
• Appreciate the role of Lok Adalats in resolving disputes
• Explain the role of the Supreme Court in bringing socio-economic changes in society

Concept or Meaning of Norms

• Social Norms are the beliefs of a society on how members should behave in a context
• Sociologists describe these as informal understandings
• A Norm signifies a standard of behavior to be followed by society.
• Necessary to maintain order
• Religion, ethical standards, customs, usages, and laws are norms that create institutions.
• Religion played the most significant role in regulating society in ancient times
• Religion and law were indistinguishable at that time
• Societies impose social control to some degree, monitoring and regulating behavior both formally and informally.
• Large-scale societies use laws, courts, and police.
• Social control are based on understanding the social norms
• Norms can and do change over time
• Often change slowly in traditional societies
• Norms can change rapidly in multi-ethnic societies
• A society’s Norms change, but laws may take time to catch up.
• Acceptance of moral codes by members of society is effective for social control

Role of Norms in Maintenance of Social Order

• Norms play a crucial role in maintaining social order through standards of behaviour
• Moral norms regulate interactions between individuals, such as telling the truth and helping others
• Social Norms are prevalent in societies regarding marriage and adoption
• Practices act as Norms to be followed in trade or business
• Law also creates Norms
• The role of Law in norm-creation is increasing
• Legal Norms are based on practices followed in society such as social, moral, trade, profession and business norms
• Legal Norms supported by social practices are followed more than Norms against them.
• Laws intervene in immoral social practices to create new norms, such as those against dowry, untouchability, and the Sati System.

Role of Law in Social Control

• After independence the constitution was created which laid down socio economic goals
• It gave law the function to make adaptations and harmonize to the needs to translate the mission of the Constitution
• Constitution made it imperative to bring about socio-economic changes
• It involved realizing our national identity, reflecting on our founding faiths, and strengthening our resolves
• In land policy there was excessive pressure, concentration of land, miserable conditions and need to increase production
• Actions taken included land reforms legislations, for the removal of the intermediaries between the tiller of the soil and the State, consolidation of holdings land ceiling
• Schemes, projects, and programmes for the improvement of agriculture horticulture and animal husbandry were launched as well as literacy programmes

Labour Law

• Post independence securing welfare of labour was a great concern
• Before the First World War there was almost absence of labour legislation
• Between 1919-1939 legislation was intoduced for protection of labour
• After independence numerous legislations were enacted to improve condition of the labour
• The new labour laws are primarily concerned with welfare and try to create peace to accelerate production

Chief Justice Gajendragadkar emphasized labor law adjustment

• Industrial Disputes Act, 1947 is the pioneer legislation
• The Act frees parties from contractual obligations and addresses wages, retrenchment compensation, and bonus
• It establishes resolutions through fairness and equity, distinctly from civil courts
• Followed by legislations like the Minimum Wages Act, 1948 and the Employees State Insurance Act, 1948
• Labour Legislation in India is an important element of social and economic legislation.
• Derives inspiration from recognizing state responsibilities to protect the economically weaker.

Family Law

• Family law was lagging much behind the social advancement
• Post independence there was urgent need to change the family law
• Four major acts were passed ie, Hindu Marriage Act, 1955, Hindu Succession Act, 1956, Hindu Adoptions and Maintenance Act, 1956 and Hindu Minority and Guardianship Act, 1956 were passed.
• The Special Marriage Act, 1954 also to some extent, covers the field
• Some changes include marriage ties not voidable, new matrimonial reliefs, rights of females made equal to males

Social Evils and Disabilities Removal Actions

• Acts have been passed to eradicate many social evils:
• UP Removal of Social Disabilities Act, 1947
• West Bengal Hindu Social Disabilities Removal Act, 1948
• Untouchability Offences Act, 1955 (Protection of Civil Rights Act)
• The evil practice of Devadasis, sacrifice of animals in religious places and prohibition of the entry to temples to certain section of the society have been removed

Laws for Persons with Different Abilities

• The Parliament of India has enacted four legislations for Persons with Disabilities:
  • i) Persons with Disability Act, 1995, providing equal opportunities and social security
  • ii) National Trust for Welfare of Persons with Autism Act, 1999, has provisions for legal guardianship
  • iii) Rehabilitation Council of India Act, 1992 , deals with providing rehabilitation services
• The Mental Health Act, 1987 deals with authorities, hospitals, regulating admission

Supreme Court and Socio-Economic Changes

• The Supreme Court of India is the guarantor and protector of fundamental rights
• The constitution has a duty to secure socio-economic and political justice to the citizens
• The Constitution is not merely legal but a political document
• Interpretation of constitutional questions involves policy formulation and judicial activism

Constitution meaning

• The Supreme Court interprets the law to further socio-economic reforms.
• The Supreme Court has been moulding its remedies to meet new interaction
• The meaning of authorities under Article 12 has been widened to prevent violation of rights
• The court began to expand the frontiers of fundamental rights
• They turned parts of the Constitution such as the right to life into a due process clause.
• The directive Principles of State Policy have been growingly given importance by the Court
• Public Interest Litigation (PIL) is another action of great importance
• Legislation for the welfare of weaker sections has been liberally interpreted

Legislature Vs Judiciary

• The supreme court was found to be standing in the way of economic development because of its interpretation
• Amendment acts were passed to ensure compensation fixed by legislature was final
• Efforts have also tried to restrict the definition of "industry"
• Full effect of legal changes are yet to be realized

Alternative Dispute Resolution (ADR)

• ADR is a means for parties to come to an agreement short of litigation
• ADR dispute resolution include: Arbitration, Conciliation, Mediation or Judicial Settlement
• The European Mediation Directive (2008) contemplates compulsory mediation.
• Has gained widespread acceptance due to increasing caseloads,
• Lower costs, preference for confidentiality, and allows for greater control

Arbitration and Conciliation Act, 1996

• Arbitration can start with a valid agreement
• The contract regarding which dispute exists must feature an arbitration clause
• Any party to the dispute can appoint an arbitrator
• Arbitration Tribunal has jurisdiction over its own jurisdiction
• As per Section 34 there are grounds upon which a party can appeal to the principal civil court for setting aside the award

Arbitration and Conciliation

• It was enacted to accomodate harmonization mandates
• The legal system the traditional Civil Law known as Code of Civil Procedure, (CPC) has also been amended and Section 89 has been introduced
• Due to slow judicial process, there is a thrust on ADR mechanisms in India
• While Arbitration and Conciliation Act, 1996 is a western approach the Lok Adalat system is uniquely Indian

Definition of 'Conciliation'

• Conciliation is a less formal form of Arbitration.
• Does not require any prior agreement.
• Any party can appoint a conciliator, with 1 preferred or 2 to 3 allowed
• Parties submit statements to the conciliator
• He may request details and communicate with parties
• May draw up terms of settlement and send it to the parties for acceptance if settlement exist

Lok Adalat

• Lok Adalat means "People's Court"
• Ancient times used resolving disputes through the mediation of village elders
• It is a non-adversarial system (mock courts are called Lok Adalats)
• It is usually presided by retired judge, social activists, or members of legal profession
• It does not have jurisdiction on matters related to non-compoundable offences.
• Plaintiff does not have to pay fees
• Has no rigid procedural requirements leading to fast interactions
• Focus is on comprise and if it is reached an award is made binding on the parties.

Lok Adalt Public Utility Services

• The Acts were created to get over major drawbacks and to handle cases where compromise is not reached
• Chapter VI A deals with pre-litigation

Details of Lok Adalat functions

• The lok adalat is presided over by judicial officer, lawyer, and social worker
• There is no court fee, refunds paid
• Does not follow the same act assessing merits
• Decisions are binding on parties
• 'Lok Adalat' is effective in settling money claims and matrimonial matters

ADR for Grass Route

• Formulations of village level dispute resolution forums will lead to the fulfilment of the constitutional goal under Article 39
• NYaya Panchayats will empower India villages to exercise control
• Reinstatement leads to access village courts via ADR methods
• Community based ADR independent of court system
• The bill reflects that the nyaya panchayat has 5 members, one woman
• No requirements for members to possess legal education to contest to safeguard law
• Includes provisions of documentation and submssion to government

Main Lesson

• Norms are the standards that regulate human activities
• Law is source of norms
• Law as reduced backlog of cases therefore we now have Lok Adalats
• Supreme court of India through judicial activism bringing socio-economic changes