Unit 1: Law and Social Change
Introduction:
• Law is a dynamic instrument used to bring about social change and reform unjust social
practices.
• It both reflects and influences the social norms and values of a society.
Law as an Instrument of Social Change:
• The Indian Constitution plays a foundational role in promoting social justice (e.g., Articles 14,
15, 17).
• Reforms like the Hindu Widow Remarriage Act (1856), Child Marriage Restraint Act (1929),
Dowry Prohibition Act (1961), and the Transgender Persons Act (2019) reflect the power of
law in reshaping society.
Theories Related to Law and Social Change:
• Functionalist View (Durkheim): Law maintains social order.
• Conflict Theory (Marx): Law serves the dominant class but can also challenge existing
power structures.
• Roscoe Pound’s Social Engineering: Law must balance competing interests for the
greater social good.
Judicial Role:
• Public Interest Litigation (PIL) and judicial activism have catalyzed major social reforms
(e.g., Vishaka guidelines, environmental rulings).
Unit 2: Religion, Language, and the Law
Religion and Secularism:
• India is a secular state, allowing religious freedom under Articles 25–28.
• The Essential Religious Practices Doctrine (Shirur Mutt Case) defines the scope of
religious freedom.
• The judiciary can intervene in religious practices that violate constitutional principles (e.g.,
Sabarimala, Triple Talaq).
Uniform Civil Code (UCC):
• Article 44 of the Constitution urges the state to implement a UCC to ensure gender justice
and national integration.
• The Shah Bano case (1985) reignited debate on balancing personal laws and constitutional
rights.
Language and Law:
• Language is linked to identity and governance.
• Articles 343–351 govern the use of Hindi and other regional languages.
• States Reorganization Act, 1956 reorganized Indian states on linguistic lines.
Unit 3: Women and the Law
Historical Background:
• Patriarchal traditions and customs historically subjugated women.
• Legal reform was necessary to achieve equality.
Constitutional Protection:
• Articles 14, 15, 16, 21, and 39 guarantee equality and prohibit discrimination.
Key Legislations:
• Dowry Prohibition Act, 1961
• Protection of Women from Domestic Violence Act, 2005
• Sexual Harassment of Women at Workplace Act, 2013
• Hindu Succession (Amendment) Act, 2005 – equal property rights for daughters.
Judicial Landmark Cases:
• Vishaka v. State of Rajasthan – guidelines on sexual harassment.
• Joseph Shine v. Union of India – decriminalized adultery.
• Shayara Bano v. Union of India – triple talaq unconstitutional.
Unit 4: Caste and Social Justice
Constitutional Framework:
• Article 15(4), 16(4) enable the state to make provisions for the upliftment of SCs, STs, and
OBCs.
• Article 17 abolishes untouchability.
Important Laws:
• SC/ST (Prevention of Atrocities) Act, 1989 – protection against caste-based violence and
discrimination.
Key Judgments:
• Indra Sawhney v. Union of India (1992) – upheld OBC reservations, introduced “creamy
layer” exclusion.
• M. Nagaraj Case – reservation in promotions subject to proof of backwardness and
inadequate representation.
Ongoing Debates:
• Whether economic criteria should replace caste.
• Extension of reservations to private sector and promotions.
Unit 5: Class, Economic Inequality, and Law
Constitutional Perspective:
• Directive Principles (Articles 39, 43) promote economic justice.
• Article 39A guarantees free legal aid.
Poverty and Legal Access:
• Legal Services Authorities Act (1987) provides legal aid to the poor and marginalized.
Labour and Economic Laws:
• Minimum Wages Act, 1948
• Industrial Disputes Act, 1947
• Factories Act, 1948
Land Reforms:
• Post-independence land reforms abolished zamindari, imposed land ceilings, and protected
tenant rights.
• Bhoodan Movement (Vinoba Bhave): Voluntary land redistribution.
Judicial Role:
• Olga Tellis v. BMC: Right to livelihood is part of Article 21 (Right to Life).
Unit 6: Development and Law
Development vs. Displacement:
• Infrastructure projects often cause large-scale displacement.
• Narmada Bachao Andolan: Protest against dam-induced displacement without proper
rehabilitation.
Land Acquisition:
• Land Acquisition Act, 1894: Arbitrary and unjust.
• LARR Act, 2013: Ensures consent, fair compensation, and social impact assessment.
Environmental Concerns:
• Article 48A and 51A(g) emphasize environmental protection.
• Environment Protection Act, 1986
• PILs in MC Mehta Cases led to key reforms in pollution control.
Tribal and Forest Rights:
• Forest Rights Act, 2006 recognizes forest dwellers’ traditional rights.
• Samatha v. State of A.P.: Barred private mining on tribal lands.
Corporate Social Responsibility:
• Mandated under Companies Act, 2013 for companies above a threshold.
