LAW AND SOCIAL TRANSFORMATION IN INDIA
Objectives of the course
This course is designed to offer the teacher and the taught witha.
Awareness of Indian approaches to social and economic problems in
the context of law as a means of social control and change; and
b. A spirit of inquiry to explore and exploit law and legal institutions as a
means to achieve development within the framework of law.
The endeavor is to make the students aware of the role the law has
played and has to play in the contemporary Indian society.
The following syllabus prepared with these perspectives will be
spread over a period of one year.
1. Law and social change
1.1 Law as an instrument of social change with reference to
Sociological school of Jurisprudence.
1.2 Law as the product of tradition and culture with reference to
Historical School of Jurisprudence: Impact of Colonialism on
Indian Laws and its criticism with special reference to justice
2. Religion and the law
2.1 Religion as a divisive factor.
2.2 Secularism as a solution to the problem.
2.3 Reform of the law on secular lines: Problems under following
2.3.1 Hindu law, Muslim law, Parsi law and Christian law.
2.3.2 Uniform Civil Code: It's feasibility.
2.4 Freedom of religion and non discrimination on the basis of
religion under Indian Constitution.(Interrelationship of Arts
15,16, 25, 28 et., al.)
2.5 Religious minorities and the law: Constitutional perspectives
(Arts 29,30 et. al.)
3. Language and the Law.
3.1 Language as a divisive factor.
3.2 Constitutional Recognition of Linguistic Pluralism: formation
of linguistic states. Constitutional Recognition of Linguistic
Pluralism: formation of linguistic states.
3.3 Constitutional guarantees to linguistic minorities.
3.4 Language policy and the Constitution: Official languages
(Arts 343 351 et. al.,)
3.5 Non discrimination on the ground of language.
4. Community and the law
4.1 Caste as a divisive factor.
4.2 Non discrimination on the ground of caste.
4.3 Acceptance of caste as a factor to undo past injustices.
4.4 Protective discrimination: Scheduled castes, tribes and
4.5 Affirmative Action: Reservation; Statutory Commission,
5. Regionalism and the law
5.1 Regionalism as a divisive factor.
5.2 Concept of India as one unit: Impact of Multiculturalism and
5.3 Constitutional safeguards against regional barriers
5.3.1 Right of movement, residence and business:
Impermissibility of state regional barriers.
5.3.2 Concept of permissibility in the context of Jammu &
Kashmir under Indian Constitution/Constitution of
Jammu and Kashmir.
5.4 Equality in matters of employment: "Sons of Soil" Movement
and Preferential Discrimination: The Legal Response.
5.5 Admission to educational institutions: preference to residents of
a state (Arts 15, 29 read along with Relevant Directive
Principles of State Policy).
6. Women and the Law
6.1 Crimes against women: Constitutional & Criminal law fusion,
Present judicial trend.
6.2 Jurisprudential dimensions of Gender injustice and its various
6.3 Women's Commission: Some Legal aspects
6.4 Empowerment of women:
6.4.1 International Ramifications.
6.4.2 Indian Constitution and other legal provisions.
7. Children and the Law
7.1 International Norms governing Rights of Children
7.2 Child labour.
7.3 Sexual exploitation.
7.4 Adoption and related problems.
7.5 Children and education.
8. Modernisation and the Law
8.1 Modernisation as a value: Constitutional perspectives reflected
in the fundamental duties.
8.2 Modernisation of social institutions through law.
8.2.1 Agrarian reform: Industrialization of agriculture.
8.2.2 Industrial reform: Free enterprise v. State regulation
8.2.3 Industrialization v. environmental protection.
8.3 Criminal law: Inquisitorial System; Plea bargaining;
Compounding and Payment of Compensation to victims:
Witness Protection schemes: Prison Reforms:
8.4 Civil Law: Confrontation v. Consensus.
8.4.1 ADRS Mediation and Conciliation; Lok adalats.
8.5 Democratic decentralization and local self government.
9. Alternative approaches to Law
9.1 The jurisprudence of Sarvodaya Gandhiji, Vinoba Bhave;
]ayaprakash Narayan, Surrender of dacoits; concept of grama
9.2 Ideologial Perceptions and Programmes of National Political
Parties in relation to the Indian Legal Order Coalition Era.
9.3 Indian Marxist critique of law and justice.