CULTURE AND LAW

Law and culture are two different concepts but influence each other in their application. Law keeps on changing with the change in culture. In ancient times law was not known to the people through the medium of any Act, but our ancestors were governed according to the expressions of holy books (Samriti and Sruti). The root texts of the ancient Hindu jurisprudence and law are the Dharma-sutras. These express that Samriti, Shruti are sources of jurisprudence and law. Law is what is enacted by legislative bodies but culture is what people are following prior to any enactment.

The most admired jurist Austin has provided ‘Natural Law’ theory which explains that the rules and principles of the law are originated from some supreme source other than any worldly or political authority. The theory provides that the main source of law is the custom and belief of the humans. The law is a product of the society. The main objective for which the law is enacted is to achieve maximum good.

How law is influenced by the culture?

Taking into account three different periods, let’s discuss the how law changed with changing society:

Vedic Period:

The period between 3300 to 1300 BCE. The main aim of law was to preserve ‘Dharma’ which means righteousness and duty. The main sources of law were sruti, samriti and customs. The law was different as the customs were different. The rulers were the judges and they were having the right to punish. The punishments were generally sanctioned by the kings, but the other legal officials could play a part. The punishments given were generally deterrent in nature. Criminals were punished to set an example to the public, in the hopes of preventing future crimes.

Culture:

During this period, the women were having right to choose their life partner. Women were treated superior than men. On the other hand, when we look at the aspect of agriculture, the farmers were not paid according to the work done by them. Instead of metal money, barter system was followed. Traders were having their own seals.

Medieval Period (A.D.1206 to 1757):

This period is also known as Muslim period. After conquering most of the states of India, Muslims became the rulers and the law was administered accordingly. The civil administration was headed by the king who was known as Sultan or Emperor. He was assisted by his minister (wazir). Heads of village councils were recognized. They were ordered to prevent robberies and thefts.

Culture:

This period led to deteriorate the condition of women in society. Women were treated like slaves by men. They were not having any right to get an education nor they were having a right to choose their life partner. On the other hand, somewhere farmers were benefited. When Ala-ud-din-khilji was the ruler, at his time, hoardings were banned, prices for each and every commodity were fixed. Hence, law keeps on changing with a change in culture.

Modern Period:

Legal profession as it exists today was created and developed during British Period. In the early of 18th century the Indians were governed according to the law prescribed by britishers. During this period, people got aware of their rights and duties. Women protests lead to abolishment of many evil practices. Three bodies were established to administer the law, Parliament, Legislature and Judiciary.

In 1726 by a Charter known as Charter of 1726 in each presidency Town a Mayor’s court was established and, thus, by a charter a uniform judicial system was introduced in all three presidency towns — Bombay, Calcutta and Madras. The mayor’s court established under a charter of 1726 were the Royal courts and they derived their authority from British crown. In 1801 supreme court was established in Madras and in 1823 the supreme court was established at Bombay by the British crown issuing Charter and India got its proper Legislation after Independence and became a sovereign country.

Why it is necessary to alter the laws and regulations?

The main purpose of the law is to provide maximum good to the society and to control evil practices, so that every human being should live with dignity. Every punishment provided, aims to control the future offences. By looking forward following judgement of the year 2013 Nirbhaya v.Union of India , considering intensity of the crime and to curb this kind of heinous offence, supreme court amended its sections of criminal laws and awarded death penalty to the proclaimed offenders.

Further in the case Navtej Singh Johar v. Union of India AIR 2018, the court decriminalized offence under sec 377 of IPC by accepting consensual gay sex and acknowledging the rights of LGBTQ community. As in the society, everyone has a freedom of choice and the law serves the purpose to promote the interest of every citizen of the society. However, though Right to Equality is a fundamental right which provides, no one should be discriminated on the basis of religion, cast, race, sex or place of birth but it also provides few exceptions on reasonable ground, for example, the right to equality says that the State should make special provisions for women and children, scheduled castes and scheduled tribes and backward classes. This exception is stipulated to promote the interest of weaker section of society.

What changes does the law brings in the society?

In the above context, we discussed how law is influenced by culture, now, we discuss how does society influence by the laws. Earlier in the Muslim period the laws were rigid and the rulers of that time were having the supreme powers, but after British period the proper legislation was passed, it changed the thoughts and believes of the society at large, for example, when Dowry Prohibition Act, was came into force in the year of 1961, the lives of most were triggered. At present, the huge shift is seen in the cases of dowry. People are realising that it is an evil activity has to be abolished.

Another change which is seen in the past 12 years is, after Right to Education under article 21(a) of the constitution, was declared under the judgement Unni Krishan V. State of Andhra Pradesh as a Fundamental Right which provides that, every child whose age is between 6 to 14 years has right to be educated, parents started sending their children to the schools. So, this is how laws also help to change the mindset of the humans.

Conclusion:

To conclude, but for any doubt, to reinstate that culture and law both supported each other. Laws are made by taking into consideration the cultural standards followed by the society at large, whereas society adhere the laws to maintain the culture. Hence both are the branches of the same tree and aims to provide maximum good to the society.