Preview

Law and Divisive Factor Concept

Satisfactory Essays
Open Document
Open Document
356 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Law and Divisive Factor Concept
1. Law and social change
Law as an instrument of social change.
Law as the product of traditions and culture. Criticism and evaluation in the light of colonization and the introduction of common law system and institution in India and its impact on further development of law and legal institution in India. 2. Religion and the law
Religion as a divisive factor.
Secularism as a solution to the problem
Reform of the law on secular lines: Problems.
Freedom of religion and non-discrimination on the basis of religion.
Religious minorities and the law

3. Language and the Law
Language as a divisive factor: Formation of linguistic states.
Constitutional guarantees to linguistic minorities.
Language policy and the constitution: Official language, multi-language system.
Non-Discrimination on the ground of language 4. Community and the law
Caste as a divisive factor
Non-discrimination on the ground of caste
Protective discrimination: Scheduled castes, tribes and backward classes.
Reservation: Statutory commissions, Statutory Provisions.

5. Regionalism and the law
Regionalism as a divisive factor
Concept of India as one unit
Right of movement, residence and business; impermissibility of state or regional barriers.
Admission to educational institutions: Preference to residents of a state 6. Women and the law
Crimes against women
Gender injustice and its various forms
Women’s Commission
Empowerment of women: Constitutional and other legal provisions

7. Children and the law
Child labour
Sexual exploitation
Adoption and related problems
Children and education

8. Modernization and the law
Modernization as a value: Constitutional
Modernization of social institutions through law
Reform of family law
Agrarian reform – Industrialization of agriculture
Industrial reform: Free enterprise v. State regulation – Industrialization v. environmental protection.
Reform of court process
Criminal law:

You May Also Find These Documents Helpful

  • Good Essays

    To begin with, British imperialism helped to revise the legal system in India. Several things needed to be changed therefore many reforms began to occur. The legal system changed to promote justice towards all Indians no matter their classes. They worked to put an end to the caste system and slavery once and for all. Much of the population was Hindu and followed the Hindu customs and traditions even those that were hurtful or not beneficial to society or the country of India. For example one of the Hindu customs referred to as “Sati” is a belief that a widow must join her husband in death therefore she is required to throw herself unto his funeral…

    • 432 Words
    • 2 Pages
    Good Essays
  • Good Essays

    It established the framework for India's Justice system…” (Lalvani) While the fourth document would disagree and argue that, “Crimes committed by whites against indians attracted minimal punishment; An englishman who shot dead his indian servant got six months’ jail time… While an indian convicted of attempted rape against an English Woman was sentenced to 20 years.” (Doc, 4) How is having a legal system that obviously favors one race for the other a good framework that will last and continue to work in the future. Lalvani argues, that Indians had equal share in the government by saying, “Wealthy young Indians were packed off to london and return home well trained… and trained in a legal system..” (Lalvani) While document 2 would disagree and disprove him by saying, “Of 960 civil offices…

    • 1058 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The concepts and institutions of the Western legal tradition, namely common and statute law, the court system and the Bill of Rights, influenced the colony of New South Wales, and ultimately, the development of the Australian legal system to a great extent. Although the concepts and institutions of the Western legal tradition continue to influence New South Wales and the Australian legal system, the extent to which it does influence has decreased over time.…

    • 1671 Words
    • 7 Pages
    Powerful Essays
  • Best Essays

    Myer Swot Analysis

    • 1366 Words
    • 6 Pages

    India as well as Australia is follow common law. India successfully gives freedom for citizens having their rights. It is a country where the rule of law prevails and people have the assurance they would be ruled by law and not by whims. The legal system has all that is needed for the rule of law to thrive, namely clear and consistent rules, fair and reasonable laws that are acceptable to most, and an independent judiciary (Deva, 2008).…

    • 1366 Words
    • 6 Pages
    Best Essays
  • Powerful Essays

    [ 16 ]. Ankita Rustogi, ‘The Right to Bail under Indian Criminal Procedure Law’ (2009) Social Science Research Network 9. .…

    • 5042 Words
    • 21 Pages
    Powerful Essays
  • Powerful Essays

    yuppy

    • 7168 Words
    • 29 Pages

    Dr. Sir H.S. Gour, Commentary on Indian Penal Code, 1860, 12th Edition, 2005, Law Publishers (India) Pvt. Ltd., Allahabad.…

    • 7168 Words
    • 29 Pages
    Powerful Essays
  • Powerful Essays

    Country Analysis- India

    • 2413 Words
    • 10 Pages

    Srikrishna, B. N. (2008) "The Indian Legal System," International Journal of Legal Information: Vol. 36: Iss.2, Article 8. Available at: http://scholarship.law.cornell.edu/ijli/vol36/iss2/8…

    • 2413 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    The laws should be purposeful, public welfare oriented, unambiguous and practicable and made in an autocratic manner without due consideration for social welfare are liable to degenerate into an engine of oppression. The Ambiguity or uncertainty in criminal law not only causes inconvenience and irritation to the people but may also create traumatic conditions for a man if the law enforcing agency resorts to arrest or detain him, or seize his property, under the pretext of a legal provision interpreted contrary to its spirit. CRIMINAL SCENARIO IN INDIA- ‘Criminal justice system’ refers to the structure, functions, and decision processes of agencies that deal with the crime prevention, investigation, prosecution, and punishment and correction criminal justice system.…

    • 521 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    fundamentals of law

    • 293 Words
    • 2 Pages

    On 1 October, Buyer saw a courier van with a FOR SALE sign that included a telephone number and a price of "$25,000 cash." That night, Buyer called Seller. Buyer explained that he would have to borrow the money but could get it next week. Seller provided his address to Buyer and told Buyer, "If you want the van, mail me a cheque for $5000. Pay the balance by 1 November." Later that day, Buyer mailed Seller a $5000 cheque.…

    • 293 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The English law system is one of the major European legal systems which strictly formulated by different procedures. At present, it has spread and implement in many other countries such as Canada, Australia, and New Zealand. This essay would discuss the three main sources of law, which are Acts of parliament, judiciary precedent and statutory interpretation and also evaluate the relationship between legislation and judicial precedent. Furthermore, the rules of interpretation that contain Literal Rule, Golden Rule and Mischief would be explained in the second part of this essay by several appropriate cases.…

    • 2195 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    The Advocate’s Act of 1961

    • 3909 Words
    • 112 Pages

    At the dawn of independence, the parliament of independent India was the forge where a document that will guide the young nation was being crafted. It will fall on the keen legal mind of B. R. Ambedkar to formulate a constitution for the newly independent nation. The Indian Bar had a role in the Independence movement that can hardly be overstated – that the tallest leaders of the movement across the political spectrum were lawyers is ample proof. The new nation saw its first leader in Jawaharlal Nehru, and a paternal figure in M. K. Gandhi, both exemplary lawyers. Perhaps it is the consequent understanding of law and its relation to society that prompted the founding fathers to devote the energy required to form a Constitution of unprecedented magnitude in both scope and length. The Constitution of India is the guiding light in all matters executive, legislative and judicial in the country. It is extensive and aims to be…

    • 3909 Words
    • 112 Pages
    Powerful Essays
  • Powerful Essays

    The given case Salem Advocate Bar Association v. Union of India[1] is essentially a consequence of the first case Salem Advocates Bar Association, Tamil Nadu. v. Union of India[2]. The honourable Judges managing the case were Y.K. Sabharwal, D.M. Dharmadhikari and Tarun Chatterjee. The subject is fundamentally identified with Constitution and is an instance of common nature. In the previous case, there were some alterations made to Code of Civil Procedure, 1908 by the Amendment Acts of 1999 and 2002.…

    • 1343 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    All Agreements Are Contracts

    • 3675 Words
    • 15 Pages

    course is to provide a brief idea about the frame work of the Indian Business Law.…

    • 3675 Words
    • 15 Pages
    Powerful Essays
  • Better Essays

    Legal Profession

    • 1371 Words
    • 6 Pages

    The history of the legal profession in India can be traced back to the establishment of the First British Court in Bombay in 1672 by Governor Aungier. The admission of attorneys was placed in the hands of the Governor-in-Council and not with the Court. Prior to the establishment of the Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal practitioners.…

    • 1371 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Change in Legal Education

    • 937 Words
    • 4 Pages

    'Law is the cement of society and an essential medium of change'.The significance of legal education in democratic country like India cannot be ignored.Before 1990s the main purpose of law universities were to impart the knowledge of law,black letter law, to meet the local needs. In 1990s the waves of ‘economic liberation’ and globalization touched the shores of Indian legal education, which has widen its scope now legal knowledge consists of the new areas such as Comparative Law, information technology, intellectual property, corporate governance, human rights, environment, and international trade law, investment, and commerce, transfer of technology, alternative dispute resolution and space. Globalisation has increased the competition as Indian students have to compete at international level .In the Era of Globalization a law student should also have knowledge of science and technology, bio-diversity etc. But unfortunately Indian legal system has not touched the oasis of excellence.…

    • 937 Words
    • 4 Pages
    Good Essays

Related Topics