Chapter 4 Understanding Laws

You may be familiar with some laws such as those

that specify the age of marriage, the age at which a
person can vote, and perhaps even the laws dealing
with buying and selling of property. We now know
that the Parliament is in charge of making laws. Do
these laws apply to everyone? How do new laws come

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into being? Could there be laws that are unpopular

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or controversial? What should we as citizens do under

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such circumstances?
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Social and Political Life 42

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 Understanding Laws
Do Laws Apply to All?

Read the following situation and answer the questions

that follow.

Q
A government official helps his son go into hiding because
his son has been given a ten-year jail sentence by a District
Court for a crime that he has committed.

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Do you think that the government official’s actions were
pu T
right? Should his son be exempt from the law just because

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his father is economically and politically powerful?
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The above is a clear case of the violation of law. As you

read in Unit 1, members of the Constituent Assembly were
agreed there should be no arbitrary exercise of power in
©

independent India. They, therefore, instituted several

provisions in the Constitution that would establish the rule
of law. The most important of these was that all persons in
to

independent India are equal before the law.

The law cannot discriminate between persons on the basis

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no

of their religion, caste or gender. What the rule of law means

is that all laws apply equally to all citizens of the country
and no one can be 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. But was it
always like this?
In ancient India, there were innumerable and often
overlapping local laws. Different communities enjoyed
different degrees of autonomy in administering these laws

43 Chapter 4: Understanding Laws

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 among their own. In some cases, the punishment that two
persons received for the same crime varied depending on
their caste backgrounds, with lower castes being more
harshly penalised. This slowly began to change as this system
of law began to further evolve during the colonial period.
Another example of British arbitrariness was
the Rowlatt Act which allowed the British
It is often believed that it was the British colonialists who
government to imprison people without due introduced the rule of law in India. Historians have
trial. Indian nationalists including Mahatma disputed this claim on several grounds, two of which
Gandhi were vehement in their opposition to
the Rowlatt bills. Despite the large number of include: first that colonial law was arbitrary, and second
protests, the Rowlatt Act came into effect on that the Indian nationalists played a prominent role in the
10 March 1919. In Punjab, protests against
this Act continued quite actively and on April development of the legal sphere in British India. One
10 two leaders of the movement, Dr Satyapal example of the arbitrariness that continued to exist as part
and Dr Saifuddin Kitchlew were arrested. To
protest these arrests, a public meeting was
of British law is the Sedition Act of 1870. The idea of
held on 13 April at Jallianwala Bagh in sedition was very broadly understood within this Act. Any

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Amritsar. General Dyer entered the park with person protesting or criticising the British government

he
his troops. They closed the only exit and
without giving any warning General Dyer could be arrested without due trial.
pu T
ordered the troops to fire. Several hundreds of

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people died in this gunfire and many more were Indian nationalists began protesting and criticising this
wounded including women and children. This
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arbitrary use of authority by the British. They also began
painting shows troops firing on the people
fighting for greater equality and wanted to change the idea
be NC

during the Jallianwala Bagh massacre.

t © to
no

Social and Political Life 44

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of law from a set of rules that they were forced to obey, to law The word ‘arbitrary’ has been
as including ideas of justice. By the end of the nineteenth century, used earlier in this book and
you’ve read what the word
the Indian legal profession also began emerging and demanded
means in the Glossary of
respect in colonial courts. They began to use law to defend the Chapter 1. The word ‘sedition’
legal rights of Indians. Indian judges also began to play a greater has been included in the
role in making decisions. Therefore, there were several ways in Glossary of this chapter. Read
which Indians played a major role in the evolution of the rule of the Glossary descriptions of
law during the colonial period. both words and then answer
the following questions:
With the adoption of the Constitution, this document served State one reason why you think
as the foundation on which our representatives began making the Sedition Act of 1870 was
laws for the country. Every year our representatives pass several arbitrary? In what ways does
new laws as well as amend existing ones. In your Class VI book, the Sedition Act of 1870
you read about the Hindu Succession Amendment Act 2005. contradict the rule of law?
According to this new law, sons, daughters and their mothers

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can get an equal share of family property. Similarly, new laws

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have been enacted to control pollution and provide
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employment. How do people come to think and propose that

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a new law is necessary? You will read more about this in the
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next section.
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How Do New Laws Come About?

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
to

Parliament is to be sensitive to the problems faced

by people. Let us read the following story to
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understand how issue of domestic violence was

brought to the attention of Parliament and the
process adopted for this issue to become law.
Sustainable Development Goal (SDG)
www.in.undp.org

Domestic violence generally refers to the injury or harm or threat of injury or harm
caused by an adult male, usually the husband, against his wife. Injury may be caused by
physically beating up the woman or by emotionally abusing her. Abuse of the woman can
also include verbal, sexual and economic abuse. The Protection of Women from Domestic
Violence Act 2005 extends the understanding of the term ‘domestic’ to include all
women who ‘live or have lived together in a shared household’ with the male member
who is perpetrating the violence.

45 Chapter 4: Understanding Laws

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 October 2006
Not just women. Violence-free homes
will benefit everyone. Kusum, it’s taken
Shazia, did you read today’s such a long time to get this law passed.
newspapers? Isn’t it a great In fact, it began with establishing the
day for women? need for a new law.

Kusum and Shazia work for a

women's organisation. They
remember the journey of how
the Protection of Women
from Domestic Violence Act
got passed.

April 1991: A typical day at their office...

I do not want to go to Unfortunately
I need advice. My husband beats me the police. I just want the existing law
up. I haven’t told anyone so far. I feel to stop the violence. is a criminal one
I am being
and does not offer

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so ashamed. I can’t go on like this ill-treated by my I just don’t want to
anymore. But I have nowhere to go. these options.
son and daughter- be thrown out of the

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in-law. They
pu T house I am living in.
verbally abuse me. I
have no access to

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my bank accounts.
They may even
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throw me out.
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©

Throughout the 1990s, the need for a new law was In 1999, Lawyers Collective, a group of lawyers, law students and
raised in different forums. activists, after nation-wide consultations took the lead in
drafting the Domestic Violence (Prevention and Protection) Bill.
This draft bill was widely circulated.
to

We’ve heard testimonies of several women.

We’ve seen that women want protection
against being beaten, the right to continue The definition of The law should cover any women
t

living in a shared household and often domestic violence living within a shared domestic space.
no

temporary relief. We need a new civil law to should include They should be protected from being
address this issue. physical, economic, evicted from the shared household.
sexual and verbal and
emotional abuse.
What about some
monetary relief?

Social and Political Life 46

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 Meetings were held with different organisations.

The women’s movement want a

new law on Domestic Violence. Finally, the Bill was introduced in Parliament in 2002 but …
The Government should introduce
it in parliament soon.
Let’s have a press
We must oppose conference … we
This Bill has the Bill in its could also start an
none of what present form. on-line petition.
we have been
suggesting.

Several women’s organisations, National Commission for Women

d
made submissions to the Parliamentary Standing Committee.

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pu T In December 2002, the Standing
Esteemed members of the Parliamentary Committee submitted its
Standing Committee... the present Bill must be

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changed. We do not agree with the definition recommendations to the Rajya Sabha and
of domestic violence being proposed … these were also tabled in the Lok Sabha.
bl
The Committee’s report accepted most of
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The law needs to provide the demands of the women’s groups.

for temporary custody of Finally a new bill, was reintroduced in
children …
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.
t to
no

At a press conference in This law is a first in recognising a

This is a civil law aimed at
woman’s right to a violence-free
October 2006 providing relief to millions of
home and provides a comprehensive
definition of domestic violence. women, including wives,
mothers, daughters and
sisters affected by violence
What is this new law?
in their homes.

The press conference continues...

47 Chapter 4: Understanding Laws

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 This law is a very significant step because it
recognises ... The right of women to live in a
shared household... women can get a Yes, now the government
protection order against any further has to ensure that this
violence... Women can get monetary relief to Now begins another law is implemented and
meet their expenses including medical costs. long journey … enforced.

d
he
pu T
is
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bl Why is this an
important law?
be NC

What do you understand by ‘domestic violence’? List the

two rights that the new law helped achieve for women who
are survivors of violence.
©

Can you list one process that was used to make more people
aware of the need for this law?
to

From the above storyboard, can you list two different ways in
which people lobbied Parliament?
t
no

Often women who face

violence or are abused are
seen as victims. But women
struggle in several different
ways to survive these
situations. Therefore, it is
more accurate to refer to
In the following poster, what
them as survivors rather
do you understand by the
than as victims.
phrase ‘Equal Relationships are
Violence Free’?

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As the above example shows, the role of citizens is crucial
in helping Parliament frame different concerns that people
might have 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, local meetings - all of which help in making the
work that Parliament does more accessible and transparent
to the people.

Unpopular and Controversial Laws As you read in the earlier section

on the rule of law, Indian
Let us now look at the situation where the Parliament passes nationalists protested and
laws that turn out to be very unpopular. Sometimes a law criticised arbitrary and
can be constitutionally valid and hence legal, but it can

d
repressive laws being enforced
continue to be unpopular and unacceptable to people

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pu T by the British. History provides
because they feel that the intention behind it is unfair and us with several examples of

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harmful. Hence, people might criticise this law, hold public
people and communities who
meetings, write about it in newspapers, report to TV news
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have struggled to end unjust
channels etc. In a democracy like ours, citizens can express
be NC

laws. In your Class VII book, you

their unwillingness to accept repressive laws framed by the
Parliament. When a large number of people begin to feel read of how Rosa Parks, an
that a wrong law has been passed, then there is pressure on African-American woman,
©

the Parliament to change this. refused to give up her seat on a

bus to a white man on 1
For example, various municipal laws on the use of space December 1955. She was
to

within municipal limits often make hawking and street protesting the law on
vending illegal. No one will dispute the necessity for some segregation that divided up all
t

rules to keep the public space open so that people can walk
no

public spaces, including the

on the pavements easily. However, one also cannot deny
streets, between the whites and
that hawkers and vendors provide essential services cheaply
the African-Americans. Her
and efficiently to the millions living in a large city. This is
refusal was a key event that
their means of livelihood. Hence, if the law favours one
group and disregards the other it will be controversial and marked the start of the Civil
lead to conflict. People who think that the law is not fair Rights Movement, which led to
can approach the court to decide on the issue. The court the Civil Rights Act in 1964,
has the power to modify or cancel laws if it finds that they which prohibited discrimination
don’t adhere to the Constitution. on the basis of race, religion or
national origin in the U.S.A.

49 Chapter 4: Understanding Laws

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Read the newspapers/watch Do you remember the photo essay on the women’s
news on TV for a week and movement in the Class VII book? The photos there showed
find out if there are any
the different ways in which citizens can protest, campaign
unpopular laws that people
in India or around the world and show solidarity. The following pictures point to other
are currently protesting. ways in which people protest unjust laws:

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pu T
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List the three forms of protest

that you see in the above We need to remember that our role as citizens does not
©

photos.
end with electing our representatives. Rather, it is then that
we begin to use newspapers and the media to carefully chart
the work that is being done by our MPs and criticise their
to

actions when we feel it is required. Thus, what we should

bear in mind is that it is the extent, involvement and
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enthusiasm of the people that helps Parliament perform its

representative functions properly.

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 Exercises
1. Write in your own words what you understand by the term the ‘rule of law’. In your response
include a fictitious or real example of a violation of the rule of law.

2. State two reasons why historians refute the claim that the British introduced the rule of law in
India.

3. Re-read the storyboard on how a new law on domestic violence got passed. Describe in your own
words the different ways in which women’s groups worked to make this happen.

4. Write in your own words what you understand by the following sentence on page 44-45: They
also began fighting for greater equality and wanted to change the idea of law from a set of rules
that they were forced to obey, to law as including ideas of justice.

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he
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GLOSSARY
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Criticise: To find fault with or disapprove of a person or thing. In the context of this
chapter, it refers to citizens finding fault with the functioning of government.
©

Evolution: Process of development from a simple to a complex form and is often used
to discuss the development of a species of plants or animals. In the context of this
chapter it refers to the way in which protecting women against domestic violence
to

developed from an urgently-felt need to a new law that can be enforced throughout
the country.
t
no

Sedition: This applies to anything that the government might consider as stirring up
resistance or rebellion against it. In such cases, the government does not need
absolute evidence in order to arrest persons. Under the Sedition Act of 1870, the
British had a very broad interpretation of what constituted sedition, and what this
meant was that they could arrest and detain any person they wanted under this Act.
The nationalists considered this law arbitrary because persons were arrested for a
variety of reasons that were seldom clarified beforehand as well as because those
arrested were often kept in jail without a trial.
Repressive: To control severely in order to prevent free and natural development or
expression. In the context of this chapter it refers to laws that brutally control
persons and often prevent them from exercising their Fundamental Rights including
Right to Speech and Assembly.

51 Chapter 4: Understanding Laws

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