NCERT Class 8 Political Science Chapter 4: Understanding Laws YouTube Lecture Handouts

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NCERT Class 8 Political Science Chapter 4: Understanding Laws

Applicability

Laws on age of marriage, voting rights, buying and selling property

Illustration: Applicability

Do Laws Apply to All?

  • Hiding a criminal case (violation of law - punishment)
  • There should be no arbitrary exercise of power in independent India
  • All people are equal before law
  • Law cannot discriminate based on gender, caste, religion
  • No one can be above the law – no govt. official, no wealthy person and not even president
  • Ancient India – Overlapping local laws – punishment varied based on caste (low caste were penalized)
  • Colonial period – scenario changed & British introduced rule of law – colonial laws were arbitrary and Indians played a key role in legal sphere

Example of Arbitrary British Law

  • Sedition Act of 1870: Any person protesting or criticizing the British government could be arrested without due trial
Illustration: Example of Arbitrary British Law
  • Rowlatt Act, 1919: Allowed the British government to imprison people without due trial - Dr Satyapal and Dr Saifuddin Kitchlew were arrested – To protest it meeting at Jallianwala Bagh in Amritsar – General Dyer firing
  • Indian nationalist protested and criticized – fought for equality
  • End of 19th century – Indian legal professions in courts & Indian judges were seen
  • After Constitution – new laws are passed and existing ones are revised (new laws on pollution and employment)
  • Hindu Succession Amendment Act 2005: Sons, daughters and their mothers can get an equal share of family property
Illustration: Example of Arbitrary British Law

How New Laws Are Formed?

  • Parliament makes the laws
  • Parliament is sensitive to the problems faced by the people
  • Domestic violence - injury or harm or threat of injury or harm caused by an adult male, usually the husband, against his wife – can be physical or emotional
  • Abuse – social, economic or sexual
  • Protection of Women from Domestic Violence Act 2005: Extends β€˜domestic’ to include all women who β€˜live or have lived together in a shared household’ with the male member who is perpetrating the violence – includes monetary relief to meet expense and medical cost
  • Domestic Violence (Prevention and Protection) Bill drafted in 1999 & introduced in 2002, new bill reintroduced in 2005 and named Protection of Women from Domestic Violence Act which came into effect in 2006
Illustration: How New Laws Are Formed?
  • From need of law to being passed – voice of citizen is important – conveyed by TV, editorials, newspapers, broadcast and local meetings
Illustration: How New Laws Are Formed?

Unpopular and Controversial Laws

  • Sometimes law is passed, constitutionally valid and legal but becomes unpopular
  • People criticize it, hold meetings and demonstrations, write about and express their unwillingness about it – if the mass movement gathers there is pressure on Parliament to change it
  • For example, municipal laws on use of space within municipal limits should be illegal for hawking and street vending – open space is good for public but hawkers bring in cheap services to market – people who want to modify or cancel it can move to court
  • Role of citizens – elect representatives, use media, involvement and enthusiasm of people help the Parliament to function properly.

✍ Mayank