CBSE Class 8 Social Science Understanding Laws Notes

UNDERSTANDING LAWS

IMPORTANT TERMS

*Rule of Law. It signifies that according to established rule all laws apply equally to all citizens of the country and no one can be above the law.

*Sedition Act. An act passed by the British government to arrest without trial any person protesting or criticising the British government. In general, this act applies to any activity that is against the government in the form of resistance.

*Domestic Violence. The term refers to the injury or harm caused by an adult male. Usually the husband, to his wife.

*Repressive. A law which is based on force or pressure and against the will of people. This act prevents the free and natural development of a person.

*Evolution. The term implies process of development from a simple to a complex form. It indicates the development of any act, species of plants or animals and any charter.

'RULE OF LAW'

(i) The 'Rule of Law' means

* A system in which all public affairs are conducted according to law.

*Under this system it is ensured that all citizens obey the law. Nobody is considered above law.

* Rule of Law implies that nobody can be punished unless he/she has violated a particular law. All are treated equal before law.

(ii) An example of a violation of a Rule of Law is :

The defence minister helps his nephew go into hiding because his nephew has been given six years imprisonment by the High Court for a crime which he has committed. This is a clear case of the violation of Rule of Law.

INTRODUCTION OF BILL IN PARLIAMENT

Finally after a long journey the bill is introduced in Parliament for passage. In Parliament the bill passes through three stages before becoming an act or law. These are:

* First stage: In its first stage only the name and the purpose of the bill is given and its copies are circulated among the members of the House. If the House approves its introduction, it is published in the Government Gazette.

*Second stage : To follow up, the bill is discussed clause by clause and certain changes are made with the approval of the House. Sometimes the bill is referred to the select committee or circulated to elicit public opinion as in the case of Domestic Violence Act 2005. The Women's Bill was sent to the Parliamentary Standing Committee.

Third stage: In the third and last stage, the bill is put to vote. Discussion is allowed and only verbal amendments are moved. If passed by a simple majority, it is sent to the other house, where the same proceedure is followed. And, if the Bill is passed by both the Houses, it is sent to the President for approval. After his assent the Bill becomes a law. The same procedure was followed for passing the "Protection of Women from Domestic Violence" bill which
came into effect in 2006.

*The Parliament plays an important role in making laws. There are several stages through which this takes place and it is often different groups in society that raise the need for a particular law. To explain the stages we can take the example of the Protection of Women from Domestic violence Act 2005

Discussion at concerned office/department

*At first Kusum and Shazia discuss the matter at the concerned office followed by filing of a petition.

Filing up of a petition

* After filing of a petition, the need for a new law is raised in different forums like the women's issues were raised throughout the 1990s.

Drafting the bill

*After nationwide consultations a group of lawyers takes the lead in drafting the bill as in the case of Women's

Protection Bill.

Discussion on bill in different organisations

*In the next step, meetings are held with different organisations to discuss the bill.

UNDERSTANDING LAW

Q1. Who make laws for a country?

Ans. Our representative in the Parliament makes laws for the country implemented by executive.

Q2. How were the laws made in ancient period?

· In ancient India, there were innumerable and often overlapping local laws.

· Different communities enjoyed different degrees of antinomy in administering these laws among their own.

· In some cases, the punishment that two persons received for the same crime varied depending on their caste background with lower casts being more harshly penalized.

Q3. Who introduced the rule of law in India?

Ans. It is believed that it was the British colonialists who introduced the rule of law in India.

Q4. Who made laws for India in colonial period?

Ans. The British made the laws for India in Colonial period.

Q5. Who has the power to modify laws?

Ans. The parliament has the power to modify or cancel laws it it finds that they don’t adhere to the constitution.

Q6. Give one example to show that British law was arbitrary.

 One example of arbitraries that continued to exist as part of British law is the sedition act of 1870. The idea of sedition was understood within this act. Any person protesting or criticizing the British government could be arrested without due trial.

Q7. What did the Indian nationalists do against the arbitrary laws of British?

· Indian nationalist began protesting and criticizing this arbitrary use of authority by the British.

· They 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.

· By the end of 19th century ,Indian legal profession also began emerging and demanded respect in colonial courts.

Q8. Why were the new laws against domestic violence introduced?

· The law recognizes the right of women to live in a shared household, protection against violence women can get monetary relief to meet their expense including medical costs.

· Women wanted protection against being beaten, and the right to continue living in a shared household. Thus, the law against domestic violence was introduced to address these issues.

Q9. Which groups took the lead of domestic violence bill?

Ans. Lawyers collective, a group of lawyers, law students and activities, after nation-wide consultations took the lead in drafting the domestic violence (Prevention and Protection).

Q10. Explain the following terms

1. Sedition:- This applies to anything that the government might consider as stirring up rebellion against it. In such cases, the government does not need absolute evidence in order to arrest persons.

2. Repressive:- To control severely in order to prevent free and natural development or expression. It refers to laws that brutally control persons and often prevent them from exercising their fundamental rights.

3. Rule of Law:- It means that all laws apply equally to all citizen 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.

4. Domestic Violence:- It 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 can also include verbal, sexual and economic abuse.

Q11. What are unpopular and controversial laws?

* Unpopular laws: - The laws which are constitutionally valid and hence legal but are unpopular and unacceptable to people because they feel that the intention behind it is unfair and harmful. Eg. Municipal laws.

* Controversial laws: - The laws which favour one group and disregard the other.

Q12. How can people express their discontent against unpopular laws in a democracy?

Ans. People can criticize the unpopular law, hold public meetings, and write about it in newspaper report to 74 news channels. In their way, citizens can express their unwillingness to accept repressive laws framed by the Parliament.

Q13. What is the role of citizen in formulation of new laws?

* 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. The voice can be heard- through T.V. reports, newspaper editorials, radio broadcasts and local meetings.

* We should elect our representatives to Parliament carefully. Then we should use newspapers and the media to chart the work that is being done by our M.P.s and critic their actions when we feel it is required.

* Our involvement and enthusiasm helps Parliament perform its representative functions properly.

* Citizens can oppose the bills introduced in Parliament by organizing a press conference.

* Citizen can protest, campaign or show solidarity against the laws which they feel are unjust and unfair.