Laws, Social Change and Socio-Legal Research in India Essay

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Pages: 8

Law is the expression of the will of the society. Its virtue or vice depends on the social conscience at a given time. A bad law is a manifestation of an aberration in a body politic of the conscience of the society.

In every political society it is the law which contributes to its civilized character, but law is the handmaid of social justice, rendering in the interest of society that which is according to law and to which a person or persons are entitled.

Law is the very foundation of society and the true function of justice is to keep the scales even between man and man to adjudicate the merits of the problem brought before the courts in the true light.

According to Salmond ‘Law, as the body of principle recognized and
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Indian Penal Code had declared that an attempt to commit suicide is an offence and the person attempting to do so is punishable under the law under section 309 a great controversy has arisen on this issue in the famous case.

State of Maharashtra v. Maruty Sripati Dubai, 1987 Cr. L.J. 549 and the question arises that whether a person has right to die? Like right to (live), Life and S.C. declared that everyone has right to die and has a freedom to dispose of his life as and when he desires.

After the judgment of S.C. in this case there are various views given by various peoples on this issue. Again, in another case same issue arose and S.C. gave same reaction.

But it created great controversy and after various social researches, it is finally realised that “Right to die” or Euthanasia is dangerous in Indian social atmosphere and have dangerous effect on society and so court had set aside all previous judgments in support of right to die and declared section 309 of I.P.C. which penalized for committing suicide as valid.

Again, we can give example of removal of untouchability the system of untouchability is a curse for our Indian society which creates several problems. Our Government carried a crusade against untouchability and worked hard for the upliftment of backward caste people or upliftment of Harijans and even our constitution provides abolishing untouchability.

But practice of atrocities towards S.C and ST and