Class 8 Social Science Understanding Laws Exam Notes

Covers the following topics:

This Class 8 Social Science exam notes page on Understanding Laws covers why laws are required, whether laws apply to all, the rule of law during the British period and in independent India, how a new law such as the Domestic Violence Act comes about, and how citizens respond to unpopular and controversial laws.

INTRODUCTION

For carrying out its activities effectively and efficiently, every community, society and state must formulate some laws. Without law there would be no peace and order, and there would be chaos and confusion in every walk of life. Laws provide systems to regulate activities so that maximum benefit is derived from all types of resources.

The concept of law is compared to a diamond, which provides different views when seen from different angles. The word law is derived from the Latin word 'lag', which implies something definite, fixed, followed, regulated, stable and uniform.

WHY ARE LAWS REQUIRED?

Laws are required to prevent people from unjust social practices. The practice of untouchability was the cause of suffering for millions of people, who in the past were forced to do work that was both demeaning and polluting in nature. When people lack the will to change, the government has to take the initiative and force the change, so as to implement the provisions of the Constitution.

DO LAWS APPLY TO ALL?

(i) The members of the Constituent Assembly agreed that there should be no arbitrary exercise of power in independent India. They therefore instituted several provisions in the Constitution to establish the rule of law. The most important of these was that all persons in independent India are equal before the law, that is, there is equality before law without any discrimination between persons on the basis of their religion, caste or gender.

(ii) The rule of law means that all laws apply equally to all citizens of the country, and no one is above the law. Neither a government official, nor a wealthy person, nor even the President of the country is above the law. Any crime or violation of law has a specific punishment, as well as a process through which the guilt of the person has to be established. The law cannot discriminate between persons on the basis of gender, religion or caste.

(iii) In ancient India, there were innumerable and often overlapping local laws. In some cases, the punishment that two persons received for the same crime varied depending on their caste background, with lower castes being more harshly penalised. This slowly began to change as the system of law evolved during the colonial period.

(A) Rule of Law in India during the British Period:
(i) It is often believed that the British colonialists introduced the rule of law in India. Historians have disputed this claim on several grounds, two of which are: first, that colonial law was arbitrary, and second, that Indian nationalists played a prominent role in the development of the legal sphere in British India.
(ii) One example of the arbitrariness that continued to exist in British law is the Sedition Act of 1870. The idea of sedition was very broadly understood within this law.
(iii) Another example of British arbitrariness was the Rowlatt Act, which allowed the British government to imprison people without a due trial. Indian nationalists, including Mahatma Gandhi, were vehement in their opposition to the Rowlatt Bill. Despite large-scale protests, the Rowlatt Act came into effect on 10 March 1919.

(B) Protest against the Arbitrary Use of Authority by the British:
Indian nationalists began protesting and criticising the arbitrary use of authority by the British. They also began fighting for greater equality, and wanted to change the idea of law from a set of rules that people were forced to obey to law as including ideas of justice. By the end of the nineteenth century, the Indian legal profession also began emerging and demanded respect in colonial courts. Lawyers began to use law to defend the legal rights of Indians. Indian judges also began to play a greater role in making decisions.

(C) Making of Law in Independent India:
With the adoption of the Constitution, it became the foundation on which our representatives began making laws for the country. Every year our representatives pass several new laws, as well as revise existing ones. For example, the Hindu Succession (Amendment) Act, 2005 provides that sons, daughters and their mothers can get an equal share of family property. Similarly, new laws have been enacted to control pollution and to provide employment.

HOW DO NEW LAWS COME ABOUT?

(i) The Parliament has an important role in making laws. There are many ways through which this takes place, and it is often different groups in society that raise the need for a particular law. An important role of Parliament is to be sensitive to the problems faced by people.

(ii) Let us understand how the issue of domestic violence was brought to the attention of Parliament, and the process adopted for this issue to become law. Domestic violence against women is a major concern for our society. Throughout the 1990s, the need for a new law was raised in different forums, demanding protection of women against being beaten, the right to continue living in a shared household, and often temporary relief. In 1999, Lawyers Collective, a group of lawyers, law students and activists, after nationwide consultations, took the lead in drafting the Domestic Violence (Prevention and Protection) Bill. This draft bill was widely circulated, and meetings were held with different organisations. Finally, the Bill was introduced in Parliament in 2002, but women's organisations were not satisfied with the Bill in its present form. Several women's organisations and the National Commission for Women made submissions to the Parliamentary Standing Committee, asking for a change in the format of the present Bill. In December 2002, the Standing Committee submitted its recommendations to the Rajya Sabha, and these were also tabled in the Lok Sabha. The Committee's report accepted most of the demands of the women's groups.

Finally, a new Bill was reintroduced in Parliament in 2005. After being passed in both Houses of Parliament, it was sent to the President for his assent. The Protection of Women from Domestic Violence Act came into effect in 2006. The Act recognises the right of women to live in a shared household. Women can get a protection order against any further violence, and women can get monetary relief to meet their expenses, including medical costs.

(iii) The role of citizens is crucial in helping Parliament frame the concerns of people into laws. From establishing the need for a new law, to its being passed at every stage of the process, the voice of the citizen is a crucial element. This voice can be heard through TV reports, newspaper editorials, radio broadcasts and local meetings. All of these help make the work that Parliament does more accessible and transparent to the people.

(iv) The role of the citizen does not end with electing representatives. Rather, it is the duty of the citizen to use newspapers and the media to chart the work being done by our MPs carefully, and to criticise their actions when it is felt to be required.

NON-POPULAR AND CONTROVERSIAL LAW

(i) Many times, Parliament passes laws that turn out to be very unpopular. Sometimes a law can be constitutionally valid and hence legal, but it can remain unpopular and unacceptable to people, because they feel that the intention behind it is unfair and harmful. Hence, people might criticise this law, hold public meetings, write about it in newspapers, and report on it to TV news channels. In a democracy like ours, citizens can express their unwillingness to accept repressive laws framed by Parliament, and can put pressure on Parliament to change them.

(ii) If some laws favour one group and disregard another, they will be controversial and may lead to conflict. People who think that the law is not fair can approach the court to decide on the issue. The court has the power to modify or cancel laws if it finds that they do not adhere to the Constitution.

(iii) The role of citizens does not end with electing their representatives. Rather, it is then that citizens begin to use newspapers and the media to chart carefully the work being done by their MPs, and to criticise their actions when the citizen feels it is required. What citizens should bear in mind is that it is the extent, involvement and enthusiasm of the people that help Parliament perform its representative functions properly.

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