Concept of Norms and Role of Law in Social Control: Labour, Family Laws

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Concept of Norms

  • ‘Norms’ are the beliefs of society about how members should behave in particular situation. A set standard by a particular society.

  • In tradition-bound societies, ‘Norms’ generally change very slowly. In large, multi-cultural societies, ‘Norms’ change rapidly.

  • Legal Norms are based on the standards followed in various fields in the society such as socio-cultural, ethical, professional etc.

Role of Law in Social Control

Socio-Economic scenario: Law evolves on the basis of needs and wants of people. With national justice and freedom movement the law came into existence was for the people, Of the people and by the people. India with free people with commitment to social justice still the perspective of our legal system.

Reforms of land: The burden on cultivable land with increasing population, issues of land proprietorship, the miserable economic condition of the farmers and also their exploitation became the prime most important need of independent India.

  • On the other hand, challenges to increase production and to improve the methods of agriculture had an increasing effect on land reform laws.

  • Schemes for the improvement of agriculture and animal husbandry were started. For all-round rural growth Panchayats were established. improvement in education of village and cottage industries was also initiated.

Labour Laws

  • After independence numerous labour laws have been enacted to improve the condition of the labour.

  • The new labour laws are primarily related with the wellbeing of the working class and attempt to bring industrial peace and growth which will in its turn increase speed productivity of the country resulting in its prosperity.

  • Industrial Disputes Act, 1947 emphasis upon issues relating to the wages, allowances, compensation for retrenchment, closure, bonus and other fringe benefits for workers.

  • Working with the broad principles of fairness and equity at the time of Strikes, lockouts, closures.

  • The Minimum wages Act, 1948, the Employees State Insurance Act, 1948, The Industrial Disputes (Banking and Insurance Companies) Act, 1949, The Apprentices Act 1961, The Maternity Benefits Act, 1961, etc. are the Labour laws in India.

Family Laws

  • To improve social side of the country four major acts were passed Hindu Marriage Act, 1955, Hindu Succession Act, 1956, Hindu Adoptions and Maintenance Act, 1956 and Hindu Minority and Guardianship Act, 1956.

  • The rights of females in the matters of property rights have been made equal to that of males. Position of female has been improved in the matter of adoption. Family Courts Act, 1984 has been enacted for the settlement of matrimonial disputes.

Removal of Social Evils and Disability

  • Acts have been passed to eradicate many other social evils and disabilities in various states. Like UP, West Bengal.

  • Protection of Civil Right Act has been passed to remove Untouchability.

  • Madras Animal Sacrifices Act, 1950, for sacrifice of animals in religious places.

Person with Different Disability

  • There are four main provisions for protection of persons with Disability.

  • Persons with Disability. (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which provides for education, employment, free accessible environment, social security

  • National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999

  • Rehabilitation Council of India Act, 1992

  • The Mental Health Act, 1987 deals with mental health authorities, psychiatric hospitals

Supreme Court

  • Supreme Court of India and the Apex Court are the protector of Fundamental rights of people and social economic development, political justice for the people of the nation.

  • Article 12 has been considerably widened to cover more and more institutions and organizations within the term ‘State’ and to prevent them violating Fundamental Rights.

  • The judges rewrote many parts of the Constitution to widen the definition of various articles.

  • Public Interest litigation and welfare legislation are the tools of Supreme Court. Judicial activism was practiced by Supreme Court in far better way.

Alternative Dispute Resolution

  • It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

  • Arbitration can start only if there exists a written Agreement between the parties prior to the beginning of the dispute among the parties.

  • Conciliation’ is a less formal form. Any party can request the other party to appoint a conciliator. Mediation or Judicial Settlement is also another method.

  • Lok Adalats is an improvement on that and is based on Gandhian principles. ‘Lok Adalat’ is very effective in settlement of money claims.

  • Lok Adalats at grass root levels were set up. For village growth and development an alternative mechanism rather, inexpensive one was set up Community Based ADR.

  • The Nyaya Panchayat Bill, 2006 reflects that the Panchayat should have five members, including one woman and one reserved post rotating between SC/ST and OBC.

Alternative Dispute Resolution

Alternative Dispute Resolution

Alternative Dispute Resolution

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