LM1001

Law and Social Transformation in India
Programme: 
Master of Laws
Year / Semester: 
1st Year
Objective: 

•Awareness of Indian approaches to social and economic problems in the context of law as a means of social control and change.
•A sprit of inquiry to explore and legal institutions as a means to achieve development within the framework of law.

Credits: 
6

Block- I : Law and Social Transformation

Unit-1 : Social change: Theoretical Analysis

1.1 Social change: meaning, characteristics and sources

1.2 Social change: some related concepts

1.3 Social change: Theories

1.4 Social change: kinds or models

1.5 Social change: factors

Unit-2 : Law as an instrument of social change

2.1 Law as an instrument of social change

2.2 Factors of social change and law

2.3 Relation of law and social justice

2.4 Appropriation of model theories of social change into law

2.5 Interaction between law and social change

Unit-3 : Custom, Tradition and social control by them

3.1 Law as custom and tradition

3.2 Custom: concepts and analysis

3.3 Tradition: concepts and analysis

3.4 Meaning and definition of Tradition

3.5 The Role or Importance of Traditions in Social control

Unit-4 : Law, custom and tradition

4.1 Customary law and view of Savigny

4.2 Volkgeist and law

4.3 Customary law and view of Puchta

4.4 View of Sir Henery Main

4.5 View of Reberto Mangebeira Unger about customary law

Block-II : Religion and Law

Unit-1 : Religion: concepts and as divisive factor

1.1 Religion: concepts, meaning and definitions

1.2 Religion: characteristics

1.3 Religious rites

1.4 Religion: theories of origin

1.5 Role of religion in social control

1.6 Religion as a divisive factor

Unit-2 : Secularism and religious freedom

2.1 Secular state, secularism

2.2 Constitutional provisions regarding religious freedom and judicial interpretation

2.3 Restrictions on religious freedom

2.4 Positive role of state

Unit-3 : Communalism and communal violence

3.1 Communalism- an ideology

3.2 Communalism in India

3.3 Communal violence: reasons and features

3.4 Communal violence: theories

Unit-4 : Religious minorities / Reform of law in perspective of secularism

4.1 Rights of minorities under U/A 29 and 30 of Indian constitution

4.2 Important judicial decisions related to minorities

4.3 Regulation of minority institutions

4.4 National commission for minorities

4.5 Common civil code

Block-III : Women / Children and Law

Unit-1 : Violence and crime against women

1.1 Poor condition of women in present

1.2 Nature, extent, categories etc. of violence against women

1.3 Kinds of violence and reasons

1.4 Theoretical analysis of violent behavior

1.5 Humanistic approaches towards curbing exploitation

Unit-2 : Child abusement and child labour

2.1 Child abusement: concepts, kinds and theories

2.2 Victims of child abusement & reasons

2.3 Nature and extent of child labour

2.4 Problem and reasons of child labour

2.5 Poor condition of child labourers

2.6 Government Measures, National Policy of Law and Amelioration

Unit-3 : Change in social condition of women and children: constitutional and courts’ attempt

3.1 Constitutional rights of women and children

3.2 Constitutional protection of women and children

3.3 Protective discrimination in favour of women and children

3.4 Protection of interest under fundamental rights and directive policy of state

3.5 Role of court in changing the social condition of women and children

Unit-4 : Social change through empowerment

4.1 Measures for women empowerment

4.2 Measures for child empowerment

Block-IV : Community / Modernization and law

Unit-1 : Community (caste): Theoretical perspectives

1.1 Structural and cultural concepts of caste

1.2 Caste, vern, sub caste and tribes Characteristics of caste

1.3 Origin of caste: theories

Unit-2 : Scheduled caste: Constitutional provisions and Empowerment

2.1 Caste as a divisive factor

2.2 Problems of scheduled caste and tribes

2.3 Other backward classes

2.4 Ameliorative and welfare programmes

2.5 Important constitutional provisions and empowermen

2.6 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

2.7 The National Commission for Backward Classes Act, 1993

2.8 The Protection of Civil Rights Act, 1955

Unit-3 : Modernization: Theoretical perspectives

3.1 Concepts of modernization

3.2 Modernization: meaning, measures

3.3 Modernization: pre-requisites

3.4 Responses towards modernization

3.5 Modernization: means, problems and modern men

3.6 Impact of west and modernization in India

3.7 Process of modernization in India

Unit-4 : Modernization and reform of law

4.1 International legal scenario of modernization

4.2 Modernization and Indian Constitution

4.3 Law reforms in reference of modernization

4.4 Social and economic justice

4.5 Public interest litigation

4.6 Lokadalat

4.7 Expansion of article 21 and compensation

4.8 Reforms in criminal court process

4.9 Right to information

Suggested Readings: 
  1. Marc Galanter (ed.), Law and Society in Modern India (1997 ) Oxford,
  2. Robert Lingat, The Classical Law of India (1998), Oxford
  3. U. Baxi, The Crisis of the Indian Legal System (1982). Vikas, New Delhi.
  4. Manushi, A Journal About Women and Society.
  5. Duncan Derret, The State, Religion and Law in India (1999). Oxford University Press, New Delhi.
  6. H.M. Seervai, Constitutional Law of India (1996), Tripathi.
  7. D.D. Basu, Shorter Constitution of India (1996), Prentice - Hall of India (P) Ltd., New Delhi.
  8. Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000) Armol Publications, Delhi.
  9. Savitri Gunasekhare, Children, Law and Justice (1997), Sage
  10. Indian Law Institute, Law and Social Change : Indo-American Reflections, Tripathi (1988)
  11. Malik & Raval, Law and Social Transformation in India

 

NOTE: The minimum number of marks required to pass the examination i.e. previous as well as final, shall be 50% in each written paper/dissertation.