LLM Law and Social Transformation

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FOUNDATION PAPER I — LAW AND SOCIAL

TRANSFORMATION IN INDIA (4 CREDITS)

Module – I (1 Credit)
1. Law and Social Change :
1.1. Law as an instrument of social change.
1.2. Law as the product of traditions and culture. Criticism
and evaluation in the light of colonization and the
introduction of common law system and institutions in
India and its impact on further development of law and
legal institutions in India.

2. Religion and the Law :


2.1. Religion as a divisive factor.
2.2. Secularism as a solution to the problem.
2.3. Reform of the law on secular lines: Problems.
2.4. Freedom of religion and non-discrimination on the basis
of religion.
2.5. Religious minorities and the law.

Module – II (1 Credit)
3. Language and the Law :
3.1. Language as a divisive factor : Formation of linguistic
states.
3.2. Constitutional guarantees to linguistic minorities.
3.3. Language policy and the Constitution Official language;
multi-language system.
3.4. Non-discrimination on the ground of language.

4. Community and the law :


4.1. Caste as a divisive factor
4.2. Non-discrimination on the ground of caste.
4.3. Acceptance of caste as a factor to undo past injustices.
4.4. Protective discrimination;Scheduledcastes,tribes and
backward classes.
4.5. Reservation; Statutory Commissions, Statutory provisions.
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Module – III (1 Credit)
5. Women and the Law :
5.1. Crimes against women.
5.2. Gender injustice and its various forms.
5.3. Women’s Commission.
5.4. Empowerment of women : Constitutional and other legal
provisions

6. Children and the Law :


6.1. Child labour
6.2. Sexual exploitation.
6.3. Adoption and related problems.
6.4. Children and education.

Module – IV (1 Credit)
7. Modernization and the Law :
7.1. Modernisation as a value : Constitutional perspectives
reflected in the fundamental duties.
7.2. Modernisation of social institutions through law.
7.2.1. Reform of family law
7.2.2. Agrarian reform – Industrialisation of agriculture.
7.2.3. Industrial reform : Free enterprise v. State regulation –
Industrialisation v. environmental
protection.
7.3. Reform of court processes.
7.3.1. Criminal law : Plea bargaining; compounding and
payment of compensation to victims.
7.3.2. Civil Law ; (ADR) Confrontation v. consensus;
mediation and conciliation; Lokadalats.
7.3.3. Prison reforms
7.4. Democratic decentralization and local self
government.

8. Alternative approaches to law :


8.1. Naxalite movement: causes and cure

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References :—
Marc Galanter (ed.), Law and Society in Modern India (1997) Oxford.
Robert Lingat, The Classical Law of India (1998), Oxford.
U. Baxi, The Crisis of the Indian Legal System (1982), Vikas, New
Delhi.
U. Baxi (ed.), Law and Poverty Critical Essays (1988). Tripathi,
Bombay.
Manushi, A Journal About Women and Society.
Duncan Derret, The State, Religion and Law in India (1999), Oxford
University Press, New Delhi.
H.M. Seervai, Constitutional Law of India (1996), Tripathi.
D.D. Basu, Shorter Constitution of India (1996), Prentice Hall of
India (P) Ltd., New Delhi.
Sunil Deshta and KiranDeshta, Law and Menace of Child Labour
(2000) Armol Publications, Delhi.
SavitriGunasekhare, Children, Law and Justice (1997), Sage Indian
Law Institute, Law and Social Change : IndoAmerican Reflections,
Tripathi (1988)
J.B. Kripalani, Gandhi: His Life and Thought, (1970) Ministry of
Information and Broadcasting, Government of India.
M.P. Jain, Outlines of Indian Legal History, (1993), Tripathi,Bombay.
Agnes, Flavia, Law and Gender Inequality: The Politics ofWomen’s
Rights in India (1999), Oxford

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