Legal Systems in Ancient India

Q: Re-read the storyboard on how a new law on domestic violence got passed. Describe in your own words the different ways in which women’s groups worked to make this happen.

Cases of domestic violence were often reported to women’s organizations. Some of the organizations started to raise the need for a new law on domestic violence. In 1999, Lawyers Collective, a group of lawyers, law students and activists took the initiative of drafting the Domestic Violence (Prevention and Protection) Bill; after nation-wide consultations. The draft was widely circulated among influential people. The bill was introduced in Parliament in 2002. But the bill did not contain many of the suggestions from women’s organizations. After that, many organizations for women made submissions to the Parliamentary Standing Committee; so that a new law could be passed. The Standing Committee submitted its recommendations to the Rajya Sabha; in 2002. The recommendations were also tabled in the Lok Sabha. Finally, the new bill was introduced in the Parliament in 2005. After the assent from the President, the Protection of Women from Domestic Violence Act came into effect in 2006.

Q: State two reasons why historians refute the claim that the British introduced the rule of law in India.

The two reasons why historians refute the claim that the British introduced the Rule of Law in India are Colonial law was arbitrary. Indian nationalists played a prominent role in the development of the legal sphere in British India.

Q: Write in your own words what you understand by the following sentence on page 44-45: They also 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.

This line refers to the protests of Indian nationalists against the violation of the rule of law by British authorities. Indians were discriminated against in their own country by the British colonists and the Sedition Act of 1870 was the most prolific example of the breach of the rule of law. This Act was remonstrated against by Indian freedom fighters in favour of a more just set of rules based on ideals of equality. Many Indians began to practice the legal profession and used it to demand and gain equal rights for all. Thus, Indians played a major role in the evolution of the rule of law during times of colonial rule.

Q: What do you understand by the Sedition Act of 1870?

According to Sedition Act of 1870 any person criticizing or protesting the British government could be arrested without a trial.

Q: What do you mean by repressive laws?

Repressive law means law based on force or pressure, passed against the will of the people and to prevent the person’s right to criticize.

Q: The correct meaning of the rule of law is _________________.

The correct meaning of the rule of law is equality before the law. The term equality before the law means each one must be treated equally by the law and all people are subject to the same laws of justice.

Q: Domestic violence includes __________.

Domestic violence is an act of abuse by physical violence of one person by another. It includes both physical and sexual violence. Government is taking necessary steps to prevent domestic violence against women. Main reason for domestic violence is dowry.

Q: According to which law, sons, daughters and their mothers can get an equal share of family property?

The Hindu Succession (Amendment) Act, 2005 was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 1956. Daughters and mothers can get an equal share of the family property due to this Amendment.

Q: State whether the statement is True or False:The court has the power to modify or cancel laws if it finds that they dont adhere to the Constitution

Article 13 in fact provides for the judicial review of all legislations in india, past as well as future. This power has been conferred on the High courts and the Supreme court of India which can declare a law unconstitutional if it is inconsistent with any of the provisions of the constitution.

Q: The laws that are applied in the same manner to all, regardless of a person's status is termed as _______________.

"Rule of Law" is the foundation of any democracy. It means no person is above the law. The law applies in the same manner, regardless of a person's status. Every citizen is subjected to the same laws. No person can legally claim any special treatment or privilege just because of he or she happens to be an important person.