Law as an Instrument of Social Change in India
Key Reforms
- Abolition of Sati System:
- What It Was: A Hindu custom where widows were expected to immolate themselves on their husband's pyre.
- Legal Action: Abolished in 1829; further reinforced by the Sati Prevention Act, 1987.
- Impact: Eradicated this harmful tradition.
- Maintenance Rights for Muslim Women:
- Key Case: Mohd. Ahmad Khan v. Shah Bano Begum (1985).
- Legislation: The Muslim Women (Protection of Rights on Divorce) Act, 1986.
- Impact: Balanced secular and religious considerations in maintenance rights.
- Free Education as a Fundamental Right:
- Key Case: Mohini Jain v. State of Karnataka.
- Legislation: Article 21A of the Constitution.
- Impact: Enabled access to education for children aged 6–14.
- Right to Information (RTI):
- Key Case: State of UP v. Raj Narain (1975).
- Impact: Ensured transparency and accountability in governance.
- Abolition of Polygamy:
- Legal Action: Criminalized under Section 494 IPC and restricted by laws like the Indian Christian Marriage Act, 1872.
- Impact: Reinforced monogamy as the societal norm.
- Prohibition of Child Marriage:
- Legislation: The Child Marriage Restraint Act, 1929.
- Impact: Reduced instances of child marriage by defining minimum age limits.
Modern Developments
- Laws for Rape Victims:
- Legislation: The Criminal Law (Amendment) Act, 2013.
- Impact: Introduced stricter punishments and victim compensation.
- Recognition of Live-in Relationships:
- Supreme Court Ruling: Consensual live-in relationships between adults are legal.
- Impact: Acknowledged evolving social norms.
- Female Infanticide:
- Legislation: The PCPNDT Act, 1994.
- Impact: Curbed prenatal sex determination and protected female children.
- Elimination of Child Labour:
- Legislation: The Employment of Children Act, 1938.
- Impact: Safeguarded the rights and development of children.
Public Interest Litigation (PIL)
- Definition: Allows public-spirited individuals to file cases on behalf of marginalized groups.
- Impact:
- Broadened access to justice for disadvantaged communities.
- Empowered judiciary to address public concerns.
Conclusion
- Role of Law: Acts as a tool for addressing social inequalities and fostering inclusivity.
- Achievements: Legislative reforms and judicial activism have significantly advanced social justice in India.
- Way Forward:
- Continued vigilance and reforms are essential to ensure laws remain instruments of positive change.
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