Social Evils And Social Legislation(abstract).docx

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE: SOCIAL EVILS AND SOCIAL LEGISLATIONS

SUBJECT: SOCIOLOGY

NAME OF THE FACULTY: MR. LAKSHMIPATI RAJU SIR

Name of the Candidate: S. KRISHNA VAMSI Roll No.: 2017095 Semester: 1

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to MR. LAKSHMIPATI RAJU SIR sir who gave me the golden opportunity to do the project of Indus Valley Civilization, which also helped me in doing a lot of Research and I came to know about so many new things I am really thankful to them.

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ABSTRACT SOCIAL EVILS AND SOCIAL LEGISLATION

Introduction: Social evils are the things like old customs and the things which we face majorly in our day to day life. There are many changes being brought by the Indian government in the form of legislation.

Research problem: Abolition of the social evils like caste system, sati practice, gender inequality at work, beggary and the legislations brought to eradicate or reduce these social evils.

Identification of variable: Dependent variables: Caste system, sati practice, gender inequality at work and beggary Independent variables: poverty, illiteracy, negligence of government in stopping beggary.

Hypothesis: Are the Legislations on caste system, sati practice, beggary, dowry system, illiteracy and other important social evils made?

Testing hypothesis: Testing hypothesis is by looking into legislation. If there are rules and legislations made for the social evils like caste system, sati practice, beggary, dowry system, illiteracy and other important social evils then we can conclude that our hypothesis is proved.

Research opinion: The research opinion of project ‘social evil and social legislation’ is that many hazardous things in society finally came to an end and most legislations came into force. 3

Conclusion: Many of the social evils came to an end and the legislations came into force. Dangerous social evils in India like sati system, child marriage, and child labor came to end with the best legislatives in the world.

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TABLE OF CONTENTS 1. INTRODUCTION ………………………………………………………………………..6 2. CASTE SYSTEM ………………………………………………………………….……..8 3. CHILD LABOUR …………………………………………………………………….....11 4. CHILD MARRIAGE ……………………………………………………………………13 5. DOWRY SYSTEM ……………………………………………………………………...15 6. SATI PRACTICE ……………………………………………………………………….17 7. BEGGARY ………………………………………………………………….…………..19 8. JUVENILE DELINQUENCY …………………………………………..………………20 9.

CONCLUSION …………………………………………………………………..……..22

10. BIBLIOGRAPHY ………………………………………………………………...……..23

1. INTRODUCTION Introduction: Social Issues (including Social Issues, Social Evil and Social Conflict) refer to any unwanted condition that is opposed to a society or part of society. It is an undesirable social condition, often discouraging, whose continuity is damaging to society. India faces a large number of social issues such as the caste system, child labor, illiteracy, gender inequality, superstitions, religious conflicts and many more. It is time for society to get relief from these unwanted social ills. 5

India, the cradle of civilization, is now submerged by a series of social ills. They are so numerous that one can think of them. There have been social reformers such as Raja Ram Mohan Ray, Maharishi Daya Nand and Swarni Shradhanand. They fought against social ills, but these evils were so deeply rooted that they tried as some of them persist to this day. We can first take the position of women. Women do not enjoy a social position equal to that of men. The Constitution allows them equal status with men, but everything is on paper. In practice they do not enjoy this equality. They are still treated as inferior to men. In villages that account for almost 70 per cent of the population, women are treated as second-class citizens. Even though they have the right to vote, they are still still under the thumb of their men. They are mostly illiterate. However, in cities, they enjoy a better state. We have teachers, teachers, doctors, lawyers, ministers and senior officials and we expect their training to be high. Of course, it is a small fraction of women, but with the spread of education their condition should improve and work shoulder to shoulder with men. Another great evil is the dowry system. A man with a number of daughters is a damn creature. Everything he has is given away in weddings and becomes a beggar. The talent system has done great damage to the social growth of Indian life. A man with a number of daughters must sell his property or borrow money at a high interest rate so that he can give a gift to his daughter. If you do not, your daughter must hear insults and harassment so that the poor girl is forced to put an end to her life. Every day we hear the burning of young brides because of this harassment of their laws or husbands. Before this social evil is removed, it will be better for all those who are affected. Another great evil that is the nightmare of Indian life is the marriage of children. Marriage is a sacred institution and people entering for marriage must be of age to marry and not that the girl is married to an old man or married at an age when she does not understand what marriage is. We learn from this prevalent bad social in Rajasthan, where girls are married at an age where they do not understand marriage. Some of them become widows before they know they are married. A total war against these and other evils such as drinking and smoking is in great need. There is legislation against these evils but can only be controlled if people decide to review.

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2. CASTE SYSTEM Introduction: The caste system is a system that defines the class or assigns status to individuals from the time of birth. In India, the caste system is mainly based on the profession. India has been the victim of the caste system ever since. The causes, effects and solutions of the Casta system in India are discussed below: Causes: The main reason behind the growth of the caste system in India is the assignment of caste based on job specialization. There were different types of jobs in society that were made by people based on their ability. This division of work based on specialization has determined the caste system. Four types of caste system which are: 1. The Bramins - the priestly class. They were mainly engaged in religious and priestly activities. Counselors were also appointed to the kings. 2. The Kshatriyas - the warrior and the ruling class. They were mainly involved in war activities. 3. The Vaishyas - the class of the merchant. They were mainly engaged in business, agriculture and business. 4. Sudras - the lowest of the four traditional classes occupied as households and workers, etc. Negative effects of the Caste system: The Caste system has many disadvantages, such as:     

Encourages instability, It promotes inequality, Of undemocratic nature, False differentiation in superiority and inferiority. Increases the difference between the upper and lower chest casualties.

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The caste system is also a danger to the country's national integration. The caste system is a major cause of many inhuman and immoral social practices such as instability, child marriage, sati (sati pratha) practice, prostitution, etc. Solution:  

Education will help people learn about the disadvantages of the Caste system. There is a need for a generalized social change in favor of equality of human beings. The

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caste system can be discouraged through social education in rural areas. There should be special classes in schools that provide courage and moral education to

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children. Superstitious peoples are extremely fearsome and discourage any change in social norms.

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Education will help plan the superstition, which in turn will help cast even casteism. With better education and economic progress, people from different caste have the opportunity to mix and work together. Many of them become friends while working together on a project. India's reservation policy is a reserve process for a certain percentage of places (up to

50%) for a particular class, such as scheduled breakfasts, scheduled tribunes, back classes, and so on. in government educational institutions, government work, etc. Some of the legislations made on caste system: 

Article 15 (4) - Special provisions for the advancement of backward classes : Article 15.4 is an exception to clauses 1 and 2 of Article 15 and was added by the Constitution (first amendment) of 1951, following the decision in the state of Madras v. Champakam Dorairajan.

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Constitution Law (amendment 93): provision for the withdrawal class reserve, SC and ST in private educational institutions (Article 15.5) : The new Clause 5 states that nothing in Article 15 or in Article 19 (1) (g) will prevent the State from introducing by law special provisions for the progress of any class of socially and politically arrearsy citizens or for the racially organized races or the Tribulations planned, to the extent that such special provisions relate to admission to 8

educational institutions, including private educational institutions, with or without state assistance, other than the educational institutions referred to in Article 30. 

Public job placement on the basis of residence (Article 16 (3)) : Article 16 (3) is an exception to Article 16, clause 2, which prohibits discrimination on grounds of residence. However, there may be good reasons to reserve only a few positions in the state for residents. This article allows the Parliament to regulate by law the extent to which a Member State may deviate from the previous principle.

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Reserve for late public employment classes (Article 16 (4)) : Article 16 (4) is the second exception to the general rule enshrined in Article 16 (1) and (2). It authorizes the State to lay down special provisions for the reserve for the appointment of seats for any class of citizens back, state judgment, are not adequately represented in state services.

Case: Rohith Chakravarti Vemula was pursuing his Ph.D. at the University of Hyderabad. On 17 January 2016, he committed suicide. It all started about six months ago, back in July 2015, when his stipend of Rs. 25,000 was stopped by the University after a disciplinary committee found him guilty of “raising issues under the banner of Ambedkar Students Association (ASA).”1

https://blog.timetoswipe.com/caste-discrimination-india-10-cases-you-wish-did-not-happen/ Last accessed on October 4th, 2017.

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3. CHILD LABOUR Introduction: Child labor is a system of participation of minors in any economic activity. Children at the age of the game are engaged in economic activities for their family. Child labor can be seen across the country in a broad way. The causes, effects and the solution of child labor are briefly mentioned below: Causes: The main causes of child labor in India are:    

unemployment, poverty, Illiteracy and Low standard of life.

If the above problems can be solved by Indian society, then the country will have less social problems. Due to parental unemployment, children are not adequately trained and are forced to engage in child labor. Educated people are less likely to commit their child to child labor. In general, educated people want to maintain a certain level of level and live a decent life. On the contrary, the poor and the illiterate are not even aware of the adverse effects of child labor. Effects: The main adverse effects or disadvantages of child labor include: 

Child labor is an inhuman practice. The mental growth of children working in child labor

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is monitored. Children have less time and opportunity to go to school. They are devoid of instruction,

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which makes them illiterate. Child labor hampers personal growth. The living standard of the people remains low. Child labor destroys their childhood. Children are the future pillars of the economy and their participation in child labor will weaken these pillars. Lastly, child labor affects the country's growth. 10

Solution: The main solution for child labor is:   

Provide education and knowledge to children. If you can increase your parents' income, it is possible for children to get education. The government will have to take further steps towards the correct application of labor

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laws. People who are employed and above the poverty line should take steps to replace underage workers with adult workers. Not just will benefit society, but also the country in general.

Legislations: 

Amendments to the Amendments to Prohibition and Regulation of Indian Child Labor, 2016 The Central Legislature of India had adopted a Prohibition and Regulation Act of 1986 (CL Act) to regulate child labor practices in India. The central legislature has introduced substantive changes to the provisions of CL's law in 2016, and these amendments became effective from 30 July 2016. By virtue of this amendment, the name CL was amended to "Act of 1986 on the Work of Adolescents (prohibition and regulation) ". A total ban on the use of child labor (i.e., a person at the age of 14) has been imposed on any dangerous establishment or not. A child can only work to help family, family or as a son artist after school hours or during holidays.

Case: Hemendra Bhai vs. State Of Chhattisgarh on 6 January, 2003.2 4. CHILD MARRIAGE Introduction: The child marriage refers to the marriage of individuals below the age limit set. Marriage should be considered legal under Indian law when the groom's age is 21 and above and the 2

https://indiankanoon.org/docfragment/1300943/?formInput=cases%20on%20child%20labour 11

bride's age is 18 and above. However, children's marriage has caused problems to both boys and girls, the worst victims of evil practice are girls. Below are the causes, effects, and solutions to the social problem of childbirth: Causes: Causes or the main reason behind the child marriage is the bad financial situation of the marriage family. In addition, there are other reasons for child marriage such as illiteracy, the safety of their daughters by marrying them to insured persons, child trafficking, and so on. Negative effects of child marriage: the adverse effects of childbirth marriage are as follows: 

Due to children's marriage, girls are getting pregnant at an early age. Because their bodies are not properly developed to have children, it can lead to premature maternal death. In

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many cases, the child's health does not look good. Childbirth also leads to illiteracy and poverty. A young girl who is married at a young age

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has no opportunity for education and personal growth. Due to lower compatibility and understanding, the relationship between couples makes it difficult.

Solution: Education is the only and best way to stop the child's union. Educated people in society must raise their voices against child marriage. Gender Equality and Women's Education are very important to stop the practice of child marriage. Girls become extremely dependent on their parents due to lack of education. As such, it is unable to speak against the will of its parents. If a girl has the same opportunity to get the education, then she will be in a better position to decide, better for her future. The government must take measures to enforce laws on child marriage. The problem of child marriage can be solved by raising awareness of the disadvantages of child marriage. Legislations: 

The Prohibition Of Child Marriage Act,2006 : Childhood marriage has been a problem in India for a long time. Thanks to its root in traditional, cultural and religious practices, it has been a tough battle to fight. Childbirth is also associated with other issues such as dowry and widowhood. It is also 12

associated with malnutrition, poor maternal health and high fertility and therefore overpopulation. It is therefore imperative to have legislation to address the above issues. Therefore, The Prohibition of Child Marriage Act was enacted in 2006. The following is an overview of the act. Case: T.Sivakumar vs The Inspector Of Police on 3 October, 2011.3 In the instant case, the marriage of the detenue with the petitioner is neither void nor voidable nor invalid under both Act, HMA and the Prohibition of Child Marriage Act, 2006 as no petition was filed under Section 3 of Prohibition of Child Marriage Act, 2006 by the detenue who is still a minor......"

3https://indiankanoon.org/docfragment/47946406/?formInput=child%20marriage

%20%20doctypes%3A%20judgments. Last accessed on October 4th, 2017. 13

5. DOWRY SYSTEM Introduction: Dowry is one of the worst practices prevalent in Indian society. The dowry system is actually the transfer of money, property and other precious assets from the bride's family to the groom's family on the eve of the wedding. Reason: There are several reasons for the prevailing dowry system in companies such as:   

Tradition to ask for dowry at the time of marriage. Greed among the groom's family for quick and easy money. People also ask for dowry to maintain status.

Disadvantages: The main disadvantages of the dowry system in society are: 

The family of the bride who generally belong to the middle and lower class must face the bitter side of it. The bride's family passes richly during the wedding. Because of this bad

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social, some families lose a lot of money. Parents often lend to her daughter's marriage. In many cases, given the poor situation of their parents, the bride is mentally influenced. Sometimes mental torture due to dowries leads to suicidal tendencies. Many cases of dowry deaths have been seen over the years. Emotional torture and divorce are other adverse effects of the dowry system.

Solution: The solution to stop the practice of this wicked system is only in our hands.  

People should stop discriminating between a boy and a girl. In addition, girls should have the opportunity to have the right education and knowledge.

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It should create awareness and these people with the help of the media. Last but not least, parents should change the thoughts of the dowry of their mind and children should turn against their family for doing so.

Legislations: 

Dowry Prohibition Act, 1961 The 1961 Dow Prohibition Act consolidated the anti-doping laws that had been passed in some states. This law provides for a penalty in section 3 if someone gives, takes 14

or instigates donation or receiving the dowry. The punishment could be a imprisonment for a minimum of 5 years and a fine of more than 15,000 rupees or the value of the gift received, whichever is greater. Dowry in the Law is defined as any precious value or date warrant or accepted to be given in relation to marriage. The worth of giving or taking the dowry is not applicable in the case of gifts that are given at the time of marriage without asking you to have done so. The 1961 Dow Prohibition Act consolidated the anti-doping laws that had been passed in some states. This law provides for a penalty in section 3 if someone gives, takes or instigates donation or receiving the dowry. The punishment could be a imprisonment for a minimum of 5 years and a fine of more than 15,000 rupees or the value of the gift received, whichever is greater. Dowry in the Law is defined as any precious value or date warrant or accepted to be given in relation to marriage. The worth of giving or taking the dowry is not applicable in the case of gifts that are given at the time of marriage without asking you to have done so. Case: Rajesh Sharma and Ors vs State of UP.4 Misuse of Section 498A [on a husband or his relative subjecting a woman to cruelty] of the Indian Penal Code (IPC) as acknowledged in certain studies and decisions

4 https://thewire.in/163011/supreme-court-domestic-abuse-dowry/.

2017. 15

Last accessed on October 5th,

6. SATI PRACTICE Introduction: The Sati or pratha system is one of the cruelest, bad, inhuman and immoral social practices prevalent in our country. The Sati system refers to the act of suicide by widowed women on the funeral of her husband. This is an inhuman act. In 1987, Roop Kanwar was engaged in sáti at the age of 18. After this incident, both the state and the central government have promulgated measures to abolish the Sati system. Disadvantages: The main disadvantages are:    

The Sati system itself is an inhuman practice. Women are devoid of their basic right to live their lives. The Sati system also shows the dominance of men over women. Satis reduces women's self-esteem and reduces the status of women in society.

Causes: The causes behind the Sati system are: 

To maintain the state: because the high caste people could not marry the low caste, so

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after the death of her husband, she was burned alive only to save the state Sati also promised to rescue her sexuality with the other member of society. Sati was also practiced by women to show their love and devotion to her husband. In the backward areas where widows were treated as unstable, they were forced to engage.

Solutions:   

Educating people through mass communication. Bring a change in the perspective of people that a widow can not marry anyone. The government has already promulgated the Law on the Prevention of Sati. Sati's practice is illegal in India. Evil is rapidly decreasing in Indian society. However, you need to create an awareness to completely stop the practice of hours.

Legislation: 

Sati (Prevention) Act, 1987 : 16

The Sati (Prevention) Act 1987 is a law promulgated by the Rajasthan Government in 1987. It became a law of the Indian Parliament with the promulgation of the Sati Commission (1987) in 1987. The law seeks to avoid the practice of Sati or incineration voluntary or forcible or burial of widows and forbid the glorification of this action by observing every ceremony, participation in any procession, creating financial confidence, building a temple, or any action to commemorate or honor the memory of a widow who committed sati. Case: Nikhil Soni vs Union Of India & Ors. on 10 August, 20155 This case deals with the style of sati system which we see in or present age.

5 https://indiankanoon.org/doc/173301527/.

Last accessed on October 5th, 2017. 17

7. BEGGARY Introduction: Thinking is another social problem in our country. People who are in extreme need of poverty and poverty are called beggars. The state of being a beggar is called begging. Causes: There are many causes behind the problem of agriculture in India. Some of the reasons behind getting started are poverty, unemployment, illiteracy, social forms, physical disability, mental state, illness and many others. Impacts and effects: the main disadvantages of agriculture are those 

The beggars depend heavily on what they receive from people and this is really a big deal

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because they start to totally depend on it and stop finding any other source of income. Now, they have become a burden on society and have forced their children to do the same.

Solution: The government must take important steps to remove the problem of company action, such as providing labor security, recruiting more employees in the government sector, and many more. The problem of aggregation can also be control over whether children who beg for begging can be put in control. Legislations: 

Bombay Prevention Of Begging Act, 1959 Their goal is to eliminate beggars from their current illegal profession so they can be detained, trained and employed elsewhere. Its purpose is to eliminate beggars.

Case: Ram Lakhan vs State on 5 December, 20066 This case deals with beggary system beggary case in Mumbai.

6 https://indiankanoon.org/doc/434096/

Last accessed on October 6th, 2017. 18

8. JUVENILE DELINQUENCY Introduction: Juvenile delinquency is also called a teen criminal. Fundamentally, juvenile delinquency refers to offenses committed by minors. Teenage boys or teenage crimes are usually done without having a proper knowledge of it because they know very little about the world. Negative effects: Crimes committed by minors affect not only children, but also family and society. Children are the future generations of the country. Child education is hindered and the status and reputation of the family have also diminished. People become less secure and there is always a sense of tension and anxiety. Causes: There are many reasons for juvenile delinquency, such as: 

Lack of knowledge: they know very little about the outside world. Sometimes they

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commit crimes without knowing. Trauma: Trauma of any childhood or adolescent accident may have a negative effect on

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the mind. Violent movies and movies: look at something like murder, violence, etc. can adversely

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affect the mind of the teenager. Family catastrophes also cause crime.

Solutions: There are many organizations involved in the problem of juvenile delinquency. They are willing to help the children who are involved in it. Increase in thinking ability and decisionmaking abilities. They begin to understand the meaning of juvenile delinquency and results. There are also rehabilitation and counseling centers managed by the government to treat these children and make them a good person. LEGISLATIONS: 

Juvenile Justice (Care and Protection of Children) Act, 2015:

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The Law on Juvenile Justice (Child Care and Protection), 2015 was approved by the Parliament of India. Its purpose is to replace the 2000 Care and Protection of Children, so that minors in conflict with the law in the 16 to 18 age group involved in violent crimes can be judged as adults. The law entered into force on January 15, 2016. Case: The State Of Madhya Pradesh vs Ramesh Nai And Anr. On 14 October,1947.7 Any offence not punishable with death or imprisonment for life, committed bv any person who at the date when he appears or is brought before the Court is under the age of sixteen years. may be tried bv the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of I960) or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

7 https://indiankanoon.org/docfragment/674353/?formInput=juvenile%20cases. th

October 6 , 2017. 20

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9. CONCLUSION We live in the 21st century, a time when men and women now receive the same rights and freedoms in the world. However, even after many efforts by social reformer Raja Ram Mohan Roy in the early nineteenth century, India remains orthodox when it comes to giving equal rights to women and men. India has the most diverse religion and has a very rich culture. There are many beliefs and rituals that people are following for a long time. There are many rituals in India that have been transformed into social ills. These social ills have reduced India's progress. People are not judged on the basis of their quality, but on the basis of caste, belief or gender. India is developing at a very fast pace, but these social ills have hindered the growth of this nation.

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10. BIBLIOGRAPHY BOOKS: 

Contemporary Social Evils, by Joseph Rowntree Foundation – 2009.

 Social Evils; Their Causes and Cure, by Maria M. King – 1870.

E-SOURCES: 

https://www.importantindia.com/17493/social-issues-in-india-causes-effects-and-

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solutions/ https://indiankanoon.org https://thewire.in https://blog.timetoswipe.com

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