Chapter 4 UNDERSTANDING LAWS

Do Laws Apply To All?

In India, the Constitution establishes the rule of law, meaning that all laws apply equally to every person, regardless of their status, religion, caste, or gender. No individual, including government officials or the President, is above the law. Every crime has a specific punishment, and guilt must be established through a due process. Historically, however, arbitrary laws existed, such as the Sedition Act of 1870 and the Rowlatt Act of 1919, which allowed for imprisonment without due trial and curbed fundamental rights, leading to protests and criticism from Indian nationalists who advocated for laws based on justice and equality.

How Do New Laws Come About?

The process of law-making involves several stages where citizens play a crucial role:

Identifying The Need

New laws often arise from urgent social issues or problems faced by people. Groups and communities identify these issues and raise awareness through various means.

Drafting The Bill

Organizations, like Lawyers Collective in the case of the Domestic Violence Act, draft proposed laws after extensive consultations. This draft bill is then circulated for feedback and refinement.

Lobbying And Advocacy

Various groups, including women's organizations, actively lobby Parliament and its committees to influence the proposed legislation. They provide testimonies, argue for specific provisions, and oppose aspects they disagree with. Press conferences and online petitions are also used to garner public support and pressure lawmakers.

Passing The Law

After consultations and amendments, the bill is introduced in Parliament. If passed by both houses, it is sent to the President for assent, after which it becomes law. The Protection of Women from Domestic Violence Act, 2005, exemplifies this process, coming into effect in 2006.

Unpopular And Controversial Laws

Sometimes, laws passed by Parliament, though legally valid, may be unpopular and unacceptable to people if they are perceived as unfair or harmful. Citizens can voice their opposition through protests, public meetings, media campaigns, and by approaching the courts. The judiciary plays a role in upholding the Constitution and can modify or cancel laws that contradict its principles. An example is the practice of making hawking illegal in municipal areas, which may be seen as favoring businesses over the livelihoods of hawkers, leading to controversy and conflict.

Exercises

The chapter exercises aim to clarify the concept of the rule of law, the process of law-making, and the role of citizens in a democracy. Questions ask students to define the 'rule of law', explain why historians refute the claim that the British introduced it, describe the various ways women's groups worked to enact the Domestic Violence Act, and interpret the significance of changing the idea of law from mere rules to concepts of justice. An activity encourages students to analyze media reports on ongoing protests against unpopular laws, promoting critical thinking about citizen participation in the legal process.