Indian Legal System – 1st Internal Assessment

1st Year B.A. LL. B (Div.-D and E) – Semester-I (2021)

1st -Internal Assessment – Indian Legal System
Essay
Topic
‘Law and Social Transformation’

NAME: MANSI JHA

DIVISION: D

PRN: 21010125304

COURSE: BA LL.B. (H)

BATCH: 2021-2026

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 Indian Legal System – 1st Internal Assessment

TABLE OF CONTENTS

Introduction................................................................................................................................3

Contents......................................................................................................................................3

Gender Equality.....................................................................................................................4

Lgbtq Rights...........................................................................................................................5

Conclusion..................................................................................................................................6

References..................................................................................................................................7

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 Indian Legal System – 1st Internal Assessment

INTRODUCTION

When we use the term society, the picture that forms in our mind is a collection of people,
institutions, sharing geographical territory or cultural expectations. Law holds a prominent
place in these societies as the guiding principle to ensure peace and harmony. It reflects and
impacts the culture of society. In Saudi Arabia, Bangladesh, and many more countries laws
are based on Quran and Sunni. In the state of emergency, the government changes the law
according to the condition of the society.

Even so, society does not stand without the context of law. In the absence of law, society can
turn into a primitive wilder version of humankind. However, this does not imply that law is
autonomous, standing outside the social world. It is ingrained deeply within society. The
essential activity of dining out is affected by the law as the food needs to meet the rigorous
standards of hygiene1 and accurate description2.

The laws of a country mirror the principles and beliefs of the society. These social variables
impact the course of law or the heading of legitimate change. For instance, with the society of
India transforming from "caveat emptor" to "caveat venditor," a need for protection of the
interests of the customer3 has risen. Many arguments regarding the insurance issues 4 or timely
exchange of goods5 are brought up due to change in the mindset of the society leading to the
formation of the Consumer Protection Act, 1986. This Act seeks to provide better protection
of the consumer's interests and provide the establishment of consumer councils and other
authorities to settle consumer disputes and matters connected6.

This essay analyzes how society changes the laws. Every change brought in the mindset of
the society changes the laws through amendment or formation of new laws or a change in the
legislation procedure itself.

CONTENTS

1
Food Safety and Standards Act, 2006
2
The Consumer Protection Act, 1986; Right to information
3
(Priest v Last, 1903)
4
(National Insurance Company Ltd v. Hindustan Safety Glass Works Ltd. and Anr., 2017)
5
(Karnataka Power Transmission Corporation v. Ashok Iron Works Private Limited, 2009)
6
(National Consumer Disputes Redressal Commission, n.d.)

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 Indian Legal System – 1st Internal Assessment

How different countries worldwide have different laws forms the best example of how
society changes and transforms laws. Although, the basic structure is similar, the
interpretation, enactment, and many other intricate nuances change with the change in
society. It is because every society has a different set of beliefs and principles. Any slight
change in these social tenets can lead to a considerable influence on the set laws of the
society. The analysis will be divided into discussing two burning topics of the world, gender
equality, and LGBTQ rights. The changes being brought about on these fronts are through
changes in the perspectives of the civilization that affect the laws governing the country.

GENDER EQUALITY

Gender equality is a fundamental human right necessary for peaceful, prosperous, and
sustainable development. The belief in full social, economic, and political equality between
people of different genders is feminism. With the rise of feminism and gender equality, one
of the main issues globally, society has started to see women differently. There are still many
developments that need to occur; however, India is already making many changes in its
legislative system to accommodate this new outlook towards the female section of the
society.

Equality in Indian Army

One such change is providing equal opportunity to women in Army posts 7. The Indian legal
system prohibited the recruitment of females into the army except and to the extent that the
Central Government allows8. In 1992, the Central Government issued a notification allowing
females to join certain army cadres like SCC, Intelligence Corps., Corps of Signals, Regiment
of Artillery, Army Service Corp., and Education Corp. In February 2003, Babita Puniya, a
practicing advocate, filed a writ petition like public interest litigation at Delhi High Court,
seeking permanent commission for female officers recruited through SCC in the Army, at par
with their male counterparts. In 2005, the Ministry of Defense issued a notification extending
the validity of the appointment scheme of the Indian Army for the women officers. For the
next two years, many lieutenants and servants of the Indian Army moved to the court, filing a
7
(The Secretary, Ministry of Defense vs. Babita Puniya and Organisation, 2020)
8
Army Act, 1950, s, 12 (In)

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 Indian Legal System – 1st Internal Assessment

petition for the exact cause. In 2008, the Centre decided to grant permanent permission to
SSC officers in some departments. However, there were still inequalities faced by the women
in the Army. For another decade, this debate kept being discussed, and finally, on 25th
February 2019, the Supreme Court of India dismissed the appeal but made various changes in
the policy of the Army Act, allowing women equal opportunities in this area.

Equal Inheritance Rights

Another example of India taking a step towards reducing the gap between constitutional
beliefs and social reality due to a change in the mentality of the citizens is the inheritance
rights of the females9. Mary Roy, a widow, was harassed, insulted, and humiliated because
they wanted her to evacuate their father's property. Her brothers had hired some men who
were goons who threatened her to evacuate the place or else they would use brute and
physical force against her. Mary Roy blatantly refused to do as she did not have any other
place to live. Nevertheless, her brothers were persistent and insisted on her to evacuate the
place as they claimed that the property belonged to them under the Travancore Succession
Act of 1916 and that she was illegally residing and claiming the property as hers. Mary Roy
felt that her constitutional right to equality was being violated, and hence she decided to take
this matter to court to restore her right. The reason for this dispute was that Travancore was
governed by the Travancore Succession Act of 1916. This act implied that no law provided
succession to the Christians residing in that area before 1916. It fails to recognize the
coparcenary rights of descendants in the property, only recognizing the acquisition of the
property through inheritance. Under section 24 of this act, the mother who would be a widow
would only get life interest in the property, and the daughters who had already been given
'strident would not be able to acquire the property after that. Mary Roy first filed a case
against her brother George Isaac to get equal rights in succession, but the lower court
dismissed her request. She then filed an application in the Kerala high court against her
judgment in the lower court. Her application to the Kerala high court was ruled in her favor.

LGBTQ RIGHTS

9
(Mrs. Mary Roy vs State of Kerala, 1986)

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 Indian Legal System – 1st Internal Assessment

Another instance where a change in the public psyche brought a change in the laws is the
legalization of LGBTQ relationships in India. "LGBTQ refers to anyone who is non-
heterosexual or non-cisgender such as lesbian, gay, bisexual, or transgender. The letter Q
refers to those who identify themselves as queer or questioning their identity10.”

Hinduism acknowledged the third gender with various references, which can be seen in
Mahabharata or Nāradasmṛti and the Sushruta Samhita. However, Manusmriti also contains
various shreds of evidence where people practicing homosexuality were punished.

British Empire had codified identifying transgender activity as a criminal activity 11. Post-
Independence, the founding fathers made no changes towards this act. The first push that
started the movement was brought on during the AIDS Bhedbhav Vidrohi Andolan in 1994.
However, this movement gained popularity during the landmark case of Naz Foundation v.
Govt. of NCT of Delhi. The foundation filed a lawsuit in the Delhi High Court in 2001,
seeking the legalization of gay relationships.

More than a decade later, citizens of the country started to take an active part in this debate
regarding the rights of people and their choices to explore their sexuality and identity. On
23rd February 2012, the Ministry of Home Affairs expressed its opposition to
decriminalizing transgender activity, stating that homosexuality is immoral in India.
However, due to an increase in awareness regarding the issues of LGBTQ people, the Central
Government reversed its stance on 28th February 2012, asserting that there was no legal error
in decriminalizing transgender activity. For the next six years, many activist movements were
made, and petitions were filed. Cases of individuals that had opened up about their sexuality
facing blackmail, public harassment kept increasing. Finally, on 6th September 2018, the
Supreme Court of India issued its verdict, ruling Section 377 of the Indian Penal Code as
unconstitutional, infringing the fundamental right of autonomy, intimacy, and identity, thus
legalizing homosexuality in India.

CONCLUSION

The legal system of a country demonstrates the life of the society. Law has the complex
vitality of a living organism. We can say that law is a social science characterized by

10
(Shankle, 2006)
11
Indian Penal Code 1860 s. 377 (In)

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 Indian Legal System – 1st Internal Assessment

movement and adaptation. Rules are neither created nor applied in a vacuum, on the other
hand they have been 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.

While there is no doubt that any laws made may help regulate society, the law in itself does
not have enough power to bring about a social change. In a dictatorship rule, it is the will of
the sovereign that backs the laws with the power required to modify society. However, in a
democratic society, where society has free will, laws are not given enough power to change
the social tenets.

One such example would be the case of eve prodding or catcalling, the forms of street
harassment which are on a high these days. There are various laws made regulating these
acts. However, the sanction backing such laws are very light, and thus these laws are not
taken seriously enough. It goes about to show that laws are not strong enough to bring about
social changes. However, they can impact the social changes coming along, like the
legalization of LGBTQ relationships increases awareness regarding this issue, helping create
a healthier environment for the people.

A thorough inspection of the above analysis shows that the small changes in social tenets
brought on through education or western influence bring about the changes in the law that
helps regulate society.

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 Indian Legal System – 1st Internal Assessment

REFERENCES

Cases-

 Karnataka Power Transmission Corporation v. Ashok Iron Works Private Limited, 3

SCC 240 (Supreme Court February 9, 2009).

 Mrs. Mary Roy vs State of Kerala, AIR 1011 (Supreme Court 1986).

 National Insurance Company Ltd v. Hindustan Safety Glass Works Ltd. and Anr., 5
SCC 776 (2017).

 Priest v Last, 2 KB 148 (1903).

 The Secretary, Ministry of Defense vs. Babita Puniya and Organisation, 9367-69
(Supreme Court Februrary 17, 2020).

 Vishaka and Ors. v State of Rajasthan, AIR 1997 SC 3011 (Supreme Court August
13, 1997).

Books-

 Shankle, M. D. (2006). The Handbook of Lesbian, Gay, Bisexual, and Transgender

Public Health: A Practitioner's Guide To Service. Haworth Press.

 Barkan, Steven. E. (2021). Law and Society. Routledge

 Mendelsohn, Oliver. (2014). Law and Social Transformation in India. Oxford
University Press.

Journals/Articles-

 Hrishikesh Jaiswal. Interrelationship of Law and Society, can be retrieved at

https://www.legalserviceindia.com/legal/article-3334-interrelationship-of-law-and-
society.html

 National Consumer Disputes Redressal Commission. (n.d.). Retrieved from ncdrc.in:

http://ncdrc.nic.in/bare_acts/ConsumerProtectionAct-1986.html

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Indian Legal System – 1st Internal Assessment