Normative Functions of Law and Social Control MODULE - 2

Functions and
Techniques of Law

Notes
NORMATIVE FUNCTIONS OF
LAW AND SOCIAL CONTROL

In this lesson you will be introduced to various kinds of norms or standards

which help in keeping society in order. In your day-to-day life you will find
various such examples. These norms, rules or standards maintain discipline in
the society. For example, in every game which you enjoy such as Cricket,
Hockey, Football, Table-Tennis etc., there are rules which every player has to
observe. Similarly, in your family and school, there must be rules of behaviour
with elders and younger members such as, punctuality in attending classes etc.
At larger level, there exist the rules of marriage, adoption and succession, rules
regarding trade and commerce etc. These rules are based on morals, religion,
customs, public opinion etc. In modern time, law plays a very important role
in regulation of the various interactions amongst human beings. However, the
majority of laws are based on morals, customs, public-opinions etc. The laws
which are not based on them face lot of resistance from the public and cannot
be enforced for a long time.

OBJECTIVES
After studying this lesson you will be able to:
z define ‘Norms’;

z distinguish between Legal Norms and other Norms;

z appreciate the role of Norms in the maintenance of social order;
z explain the role of law in social control;
z define ‘Alternative Dispute Resolution’ (ADR);
z describe the various forms of Alternative Dispute Resolution (ADR);
z appreciate the role of Lok Adalats in resolving disputes; and
z explain the role of Supreme Court in bringing socio-economic changes in
society.

INTRODUCTION TO LAW 63
MODULE - 2 Normative Functions of Law and Social Control
Functions and
Techniques of Law
5.1 CONCEPT OR MEANING OF NORMS
Social ‘Norms’ are the beliefs of society about how members should behave in
a given context. Sociologists describe ‘Norms’ as informal understandings that
govern society’s behaviour.
In simple terms, a ‘Norm’ signifies a standard of behaviour to be followed by
the society. These standard are considered to be necessary to maintain source
Notes order. There are a number of ‘Norms’ creating institutions. Some of them are:
religion, ethical standard, customs and usages and law.
In ancient times, religion has played the most significant role in regulating
society. Religion and Law were indistinguishable. Later, some other institutions
came into existence to set ‘Norms’.
All societies impose social control on their citizens to some degree. They
monitor and regulate behaviour formally and informally. In large-scale societies,
the most visible mechanisms are laws, courts, and police. However, Law is only
one aspect of social control and is usually the least effective one. Small- scale
societies maintain social control without the complex legal institutions with
which we are familiar. However, this does not mean that they are without laws.
Key to understand a society’s system of social control is understanding the social
norms upon which it is based. These are the commonly held conceptions of
appropriate and expected behaviour in a society. ‘Norms’ can and do change
over time. In tradition-bound societies, ‘Norms’ generally change very slowly.
In large, multi-ethnic societies, ‘Norms’ change rapidly.
Often a society’s ‘Norms’ change but the laws relating to them have a long delay
in catching up. The most effective form of social control is not laws, police,
and jails. Rather, it is the realisation or acceptance of the moral codes by the
members of society.

INTEXT QUESTIONS 5.1

1. Define ‘Norm’.
2. Name two ‘Norms’ which regulates social behaviour.

5.2 ROLE OF NORMS IN MAINTENANCE OF SOCIAL

ORDER
‘Norms’ play a crucial role in the maintenance of social order. In every sphere
of life we find some standards to regulate our behaviour. For example, there
are moral norm or standards to regulate the interactions between individuals
such as not to tell a lie, help one another in case of need etc. Similarly, there

64 INTRODUCTION TO LAW
Normative Functions of Law and Social Control MODULE - 2
Functions and
are Social Norms prevalent in various societies with regard to marriage, Techniques of Law
adoption etc. Similarly, there are practices which act as ‘Norms’ to be followed
in particular trade or business. Law also creates ‘Norms’. In modern times, the
role of Law in norm-creation is increasing day by day. However, you will notice
that the majority of Legal Norms are based on the practices or standards
followed in various fields in the society such as social, moral, trade, profession
and business etc. It has been seen that Legal Norms which are supported by
the above, are followed more often than the Norms which are against them. Notes
However, sometimes law has to intervene into the in moral social practices
prevalent in the society and pass laws to curb these practices and create new
norms. Laws to curb the evil of Dowry, Untouchability, Sati System are such
examples.

INTEXT QUESTIONS 5.2

Write True/False:
1. Norms play a crucial role in the maintenance of social order.
(True or False)
2. Law also creates Norms. (True or False)
3. In modern times the role of Law in creating ‘Norms’ is increasing day by
day. (True or False)

5.3 ROLE OF LAW IN SOCIAL CONTROL

Socio-Economic Goal of the Constitution. The independence of the country
heralded a new era. The Constitution laid down the goals which the nation
committed to achieve. The socio economic goal and the founding faiths of our
Nation were incorporated in the Constitution. It enjoined the law the function
to make environmental adaptations of the existing legal system, feeling the needs
and the wants of the people, evolving principles of law and legislative
formulations and statutory institutions which will harmonize with the urgencies
of our times, and translating into action the mission of the Constitution. Thus,
the goals set by the Constitution made it imperative to bring about socio-
economic changes.
The driving force of social change in the Indian context is the re-discovery of
the goals of our Freedom Struggle, the realization of our national identity, the
reflection on our founding faiths and fighting creeds, the strengthening of our
resolves and launching on our future with a flaming spirit, at once authentic,
impatient and adventurous. A militant awareness that we are free people with
commitment to social justice still running our affairs on a legal system, self-
divided and caught in a spiritual crisis, is the beginning of the mission. The

INTRODUCTION TO LAW 65
MODULE - 2 Normative Functions of Law and Social Control
Functions and
Techniques of Law political declaration of the independence is our incarnation to a nation; the
economic declaration of independence is battling for self-expression, marching
from the Constitution towards law-in-action. Frankly, the establishment is
afflicted with the pathology of split personality and loss of identity and amnesia
of our tryst with destiny. A powerful, planned comprehensive legal Protestantism,
radical enough to abandon the spell of five-star prosperity and to wage war on
mass poverty and social disability is the demand on the Indian jurist.
Notes
Socio-economic Changes and Legislative Reforms of Land Law In pursuance
of the declared objective of the Constitution, legislative process started for
bringing about socio economic changes. The economy of the country being
based in most part on land and it also governed the social structure, the land
policy received priority. The excessive pressure on cultivable land, the
concentration of land proprietorship, the miserable economic condition of the
peasantry and their exploitation and urgent need to increase production and to
modernise methods of agriculture and channels of credit – all these have had
a cumulative effect on land tenure and land reform legislation. The attention of
independent India was, therefore engaged immediately and primarily towards
overhauling land legislation to meet the needs of the time. Consequently, all
States have enacted land reforms legislations. Legislation has been enacted for
the removal of the intermediaries between the tiller of the soil and the State,
consolidation of holdings land ceiling, eradication of rural indebtedness and
institutional sources for agricultural credit. Schemes, projects and programmes
for the improvement of agriculture horticulture and animal husbandry have been
launched. For all-round rural uplift Village-panchayats have been established,
vigorous literary drives have taken place, village and cottage industries have
been developed and numerous other similar programmes have been worked out
and given effect to.

5.3.1 Labour Law

The second great concern of the Nation was to secure the welfare of the labour
and industrial peace. In India, till the First World War there was almost absence
of labour legislation. It was between the 1919 and 1939, that some essential
legislation for the protection of labour was introduced. Some legislation was
enacted after the Second World War and before the country achieved political
independence. This was quite inadequate in view of the new socio-economic
changes. After independence numerous labour legislations have been enacted
to ameliorate the condition of the labour. The new labour laws are primarily
concerned with the welfare of the working class and attempt to bring industrial
peace which will in its turn accelerate productive activity of the country resulting
in its prosperity.

66 INTRODUCTION TO LAW
Normative Functions of Law and Social Control MODULE - 2
Functions and
Chief Justice Gajendragadkar emphasized the necessity of adjusting the labour Techniques of Law
law to the new social requirements when he wrote:

Industrial Disputes Act, 1947 is the pioneer and potential legislation on the
subject. The Act goes to free the parties from the shackles of their contractual
stipulations and throws open the issues relating to the wages, allowances,
compensation for retrenchment, closure, bonus and other fringe benefits for
determinate afresh on broad principles of fairness and equity and in a forum Notes
different from the ordinary civil court. Strikes, lockouts, closures, wages during
strikes and lockouts and lay offs, unsettling or pre-empting disciplinary action
taken or proposed by the employer-these and numerous matters lie within the
ambit of this legislation. This has been followed by a host of legislations such
as the Minimum wages Act, 1948, the Employees State Insurance Act, 1948,
the Industrial Disputes (Banking and Insurance Companies) Act, 1949, the
Apprentices Act 1961, the Maternity Benefits Act, 1961, etc.

The Labour Legislation in India has now become an important part of that social
and economic legislation which derives its inspiration from the recognition of
the wider responsibilities which the state has undertaken to protect the
economically weaker sections of the community.

5.3.2 Family Law

Another important field where legislative activity was called for is family law.
The law was lagging much behind the social advancement. The influence of the
social reforms and emergence of new religious sects with progressive and
reformative outlook, economic factors, rapid scientific and industrial development
had necessitated the change in law. The British Government did not take any
substantial legislative measures in this regard for political reasons. After the
independence urgent need to change the law in this field was felt. However, there
were conservative sections also for whom any change in the law amounted to
inference in religious matters. Therefore some social preparedness was also
necessary for the reform. Four major Acts i.e, Hindu Marriage Act, 1955, Hindu
Succession Act, 1956, Hindu Adoptions and Maintenance Act, 1956 and Hindu
Minority and Guardianship Act, 1956 were passed. The Special Marriage Act,
1954 also to some extent, covers the field. Hindu Marriage Act has been
amended a number of times to meet the changing social outlook and requirements.
These Acts while not making complete break from the past introduce radical
changes conforming to new ideas and requirements. Now marriage tie is not
voidable. New matrimonial reliefs have been provided. The rights of females in
the matters of succession and proprietary rights have been made equal to that of
males. Position of female has been improved in the matter of adoption and

INTRODUCTION TO LAW 67
MODULE - 2 Normative Functions of Law and Social Control
Functions and
Techniques of Law guardianship also. Rights of adoptees and minors have been firmly secured. Dowry
Prohibition Act, 1961 Amended by Dowry Prohibition (Amendment) Act, 1986
has been passed to deal with the social evil of dowry. Family Courts Act, 1984
has been enacted for the settlement of matrimonial disputes.

Removal of social evils and disabilities. Acts have been passed to eradicate
many other social evils and disabilities like the U.P. Removal of Social
Notes Disabilities Act, 1947; the West Bengal Hindu Social Disabilities Removal Act,
1948; the Untouchability offences Act, 1955; renamed as the Protection of Civil
Right Act have been passed to remove the evil of Untouchability. The evil
practice of Devadasis, sacrifice of animals in religious places and prohibition
of the entry to temples to certain section of the society have been removed or
regulated by Madras Animal Sacrifices Act, 1950, Madras Prevention of
Devadasis Act, 1947 Madras Temple Entry Act, 1947, Bombay Hindu Places
of Public Worship (Entry Authorization) Act, 1956 and many other similar Acts
have been passed for social reform and to reconstruct the Hindu Social order.

5.3.3 Persons with Different Abilities

The Parliament of India has enacted four legislations for Persons with Disabilities
viz. (i) Persons with Disability. (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995, which provides for education, employment,
creation of barrier free environment, social security, etc. (ii) National Trust for
Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and
Multiple Disability Act, 1999 has provisions for legal guardianship of the four
categories and creation of enabling environment for as much independent living
as possible. (iii) Rehabilitation Council of India Act, 1992 deals with the
development of manpower for providing rehabilitation services.

The Mental Health Act, 1987 deals with mental health authorities, psychiatric
hospitals and nursing homes admission and detention in psychiatric hospital or
nursing homes inspection, discharge, leave of absence and removal of differently
abled persons.

5.3.4 Supreme Court and Socio Economic Changes

Supreme Court of India, the apex Court of justice as guarantor and protector
of the fundamental rights and interpreter of the Constitution, has a constitutional
duty to secure socio-economic and political justice to all the citizens of the
country. It is to be noted that the Constitution is not merely a legal but basically
a political document. Therefore, interpretation of important constitutional
questions involves policy formulation. Here lies the essence of judicial activism.

68 INTRODUCTION TO LAW
Normative Functions of Law and Social Control MODULE - 2
Functions and
The Supreme Court with judicial activism has interpreted the law to further the Techniques of Law
cause of socio-economic reforms. It has not been slow to respond to the
requirement of implementing the socio economic reforms and has been moulding
its remedies to meet new interaction and has increasingly come to direct the
method of implementing such reforms and to supervise the working of these
programmes. In fact, n recent years the Supreme Court has brought about more
far-reaching changes, in this lesson, it is not possible to mention all but only
a very brief reference to such changes in some of the fields may be stated. Notes

Interpretation of the Constitution. Under the Constitution, the meaning of

other authorities’ occurring under Article 12 has been considerably widened to
cover more and more institutions and organisations within the term ‘State’ and
to prevent them from acting in violation of Fundamental Rights. There has been
a gradual broadening of the view of the Supreme Court in the matter of civil
liberties. With Menaka Gandhi v. Union of India a new trend has emerged. After
that the Court began to expand the frontiers of fundamental rights and of natural
justice through a variety of creative interpretations inspired by judicial activism.
In the process, the judges rewrote many parts of the Constitution. For example,
the right to life and personal liberty in Article – 21, was converted ‘de facto’
and ‘de jure’ into a due process clause, contrary to the intention of the makers
of the Constitution. This right has soon expanded to encompass many other
rights. This has given rise to a new kind of prison jurisprudence by creating new
rights to prisoners under Article – 21. In this new prison jurisprudence right
to speedy trial, right to free legal service right to human dignity, right against
torture have been made some of the components of the fundamental rights.

Directive Principles of States Policy have been growingly given importance by

the Court. It has been held that there is no conflict between the Directive
Principles and a Municipality to make arrangements for public sanitation under
the supervision of the Court.

The various decisions of the Apex Court will go a long way to promote social
justice in this country.

Public Interest Litigation (PIL) is another action of great importance on the

part of the Supreme Court in its introduction. In view of its importance and
growingly increasing ambit it has been discussed separately .

Interpretation of Welfare Legislation. Legislation meant for the rural economic

uplift or for the welfare of the weaker sections of the society has been liberally
interpreted in their favour. The Supreme Court has upheld the validity of land
reform laws enacted by several States.

INTRODUCTION TO LAW 69
MODULE - 2 Normative Functions of Law and Social Control
Functions and
Techniques of Law Sometimes legislature and judiciary have pulled in different directions. It is also
to be noted that there have been occasions where the two agencies of social
and economic development i.e. the Legislature and the Judiciary have pulled
in different directions. One such important matter has been the right to property.
Its interpretation by the Supreme Court was found by the Parliament to be
standing in the way of economic development. Thus, Constitution Amendment
Acts were passed from 1951 to 1964 clarifying that the right to compensation
Notes
given by Article 31 of the Constitution was not justiciable in a court of law and
that the quantum of compensation as fixed by legislature was final. Further,
amendments have also been made to protect certain categories of law from the
application of Article 31. Similarly, the legislative efforts have been on to restrict
the definition of ‘industry’ as laid down in Bangalore Water Supply case.
However, there have not been many such occasions. Full effect of legal changes
are yet to be realised. By and large, Legislature and the Court both have enacted
and moulded and shaped the law respectively to achieve the goal of social,
economic and political justice enshrined in the Constitution However, due to
ignorance and illiteracy of the masses and lack of adequate and effective
enforcing machinery full impact of the changes is still to be realised

INTEXT QUESTIONS 5.3

1. Name any three Acts which helped in improving the condition of working
labourer.
2. Name any two Acts in the area of Family Law which helped in improving
the condition of women in the society.

5.4 ALTERNATIVE DISPUTE RESOLUTION (ADR)

Alternative Dispute Resolution (ADR) (also known as external dispute resolution
in some countries, such as Australia) includes dispute resolution processes and
techniques that act as means for disagreeing parties to come to an agreement
short of litigation. It is a collective term for the ways that parties can settle
disputes, with (or without) the help of a third party. Despite historic resistance
to ADR by many popular parties and their advocates, ADR has gained widespread
acceptance among both the general public and the legal profession in recent years.
In fact, some courts now require some parties to resort to ADR of some type,
usually mediation, before permitting the parties’ cases to be tried (indeed the
European Mediation Directive (2008) expressly contemplates so-called
“compulsory” mediation. The rising popularity of ADR can be explained by the
increasing case load of traditional courts, the perception that ADR imposes fewer

70 INTRODUCTION TO LAW
Normative Functions of Law and Social Control MODULE - 2
Functions and
costs than litigation, a preference for confidentiality, and the desire of some parties Techniques of Law
to have greater control over the selection of the individual or individuals who
will decide their dispute.

5.4.1 Arbitration and Conciliation Act, 1996

Arbitration
Notes
The process of arbitration can start only if there exist a valid Arbitration
Agreement between the parties prior to the emergence of the dispute. As per
Section 7, such an agreement must be in writing. The contract regarding which
the dispute exists, must either contain an arbitration clause or must refer to a
separate document signed by the parties containing the arbitration agreement.
The existence of an arbitration agreement can also be inferred by written
correspondence such as letters, telex, or telegrams which provide a record of
the agreement. An exchange of statement of claim and defence in which
existence of an arbitration agreement is alleged by one party and not denied by
other is also considered as valid written arbitration agreement.

Any party to the dispute can start the process of appointing an arbitrator and
if the other party does not cooperate, the party can approach the office of Chief
Justice for appointment of an arbitrator.

Except for some interim measures, there is very little scope for judicial
intervention in the arbitration process. The Arbitration Tribunal has jurisdiction
over its own jurisdiction. Thus, if a party wants to challenge the jurisdiction
of the arbitration tribunal, it can do so only before the Tribunal itself. If the
Tribunal rejects the request, there is little the party can do except to approach
a court after the Tribunal makes an award. Section 34 provides certain grounds
upon which a party can appeal to the principal civil court of original jurisdiction
for setting aside the ‘award’.

The period for filing an appeal for setting aside an award is over, or if such
an appeal is rejected, the award is binding on the parties and is considered as
a decree of the court.
The Arbitration and Conciliation Act, 1996 has been enacted to accommodate
the harmonisation mandates of UNCITRAL Model. To streamline the Indian
legal system the traditional Civil Law known as Code of Civil Procedure, (CPC)
1908 has also been amended and Section 89 has been introduced. Section 89
(1) of CPC provides an option for the settlement of disputes outside the court.
It provides that where it appears to the court that there exist elements, which
may be acceptable to the parties, the court may formulate the terms of a possible

INTRODUCTION TO LAW 71
MODULE - 2 Normative Functions of Law and Social Control
Functions and
Techniques of Law settlement and refer the same for Arbitration, Conciliation, Mediation or Judicial
Settlement.
Due to extremely slow judicial process, there has been a big thrust on Alternate
Dispute Resolution mechanisms in India. While Arbitration and Conciliation Act,
1996 is a fairly standard western approach towards ADR, the Lok Adalat system
constituted under National Legal Services Authorities Act, 1987 is a uniquely
Notes Indian approach.
Conciliation

‘Conciliation’ is a less formal form of Arbitration. This process does not require
existence of any prior agreement. Any party can request the other party to
appoint a conciliator. One conciliator is preferred but two or three are also
allowed. In case of multiple conciliators, all must act jointly. If a party rejects
an offer to conciliate, there can be no conciliation.

Parties may submit statements to the conciliator describing the general nature
of the dispute and the points at issue. Each party sends a copy of the statement
to the other. The conciliator may request further details, may ask to meet the
parties, or communicate with the parties orally or in writing. Parties may even
submit suggestions for the settlement of the dispute to the conciliator.

When it appears to the conciliator that elements of settlement exist, he/she may
draw up the terms of settlement and send it to the parties for their acceptance.
If both the parties sign the settlement document, it shall be final and binding
on both.

Note that in USA, this process is similar to Mediation. However, in India,

Mediation is different from Conciliation and is a completely informal type of
ADR mechanism.

5.4.2 Lok Adalat

Etymologically, Lok Adalat means “People’s Court”. India has had a long history
of resolving disputes through the mediation of village elders. The current system
of Lok Adalats is an improvement on that and is based on Gandhian principles.
This is a non-adversarial system, whereby mock courts (called Lok Adalats) are
held by the State Authority, District Authority, Supreme Court Legal Services
Committee, High Court Legal Services Committee, or Taluk Legal Services
Committee, periodically for exercising such jurisdiction as they thinks fit. These
are usually presided by retired judge, social activists, or members of legal
profession. It does not have jurisdiction on matters related to non-compoundable
offences.

72 INTRODUCTION TO LAW
Normative Functions of Law and Social Control MODULE - 2
Functions and
While in regular suits, the plaintiff is required to pay the prescribed court fee, Techniques of Law
in Lok Adalat, there is no court fee and no rigid procedural requirement (i.e.
no need to follow process laid down by Indian Civil Procedure Code or Indian
Evidence Act, which makes the process very fast. Parties can directly interact
with the judge, which is not possible in regular courts.
Cases that are pending in regular courts can be transferred to a Lok Adalat if
both the parties agree. A case can also be transferred to a Lok Adalat if one Notes
party applies to the court and the court sees some chance of settlement after
giving an opportunity of being heard to the other party.
The focus in Lok Adalats is on compromise. When no compromise is reached,
the matter goes back to the court. However, if a compromise is reached, an
award is made and is binding on the parties. It is enforced as a decree of a civil
court. An important aspect is that the award is final and cannot be appealed,
not even under Article 226 of the Constitution of India [which empowers the
litigants to file Writ Petition before High Courts] because it is a Judgement by
consent.
All proceedings of a Lok Adalat are deemed to be judicial proceedings and every
Lok Adalat is deemed to be a Civil Court.

Permanent Lok Adalt for public utility services

In order to get over the major drawback in the existing scheme of organisation
of Lok Adalats under Chapter VI of the National Legal Services Authorities Act,
1987, in which if the parties do not arrive at any compromise or settlement,
the unsettled case is either returned back to the court or the parties are advised
to seek remedy in a court of law, which causes unnecessary delay in dispensation
of justice: Chapter VI A was introduced in the Legal Services Authorities Act,
1987, by Act No.37/2002 with effect from 11-06-2002 providing for a
Permanent Lok Adalat to deal with pre-litigation, conciliation and settlement
of disputes relating to Public Utility Services, as defined u/sec.22 A of the Legal
Services Authorities Act, 1987, at pre-litigation stage itself, which would result
in reducing the work load of the regular courts to a great extent.
The Lok Adalat is presided over by a sitting or retired judicial officer as the
chairman, with two other members, usually a lawyer and a social worker. There
is no court fee. If the case is already filed in the regular court, the fee paid will
be refunded if the dispute is settled at the Lok Adalat. The procedural laws,
and the Evidence Act are not strictly followed while assessing the merits of the
claim by the Lok Adalat.

Main condition of the ‘Lok Adalat’ is that both parties in dispute should agree
for settlement. The decision of the Lok Adalat is binding on the parties to the

INTRODUCTION TO LAW 73
MODULE - 2 Normative Functions of Law and Social Control
Functions and
Techniques of Law dispute and its order is capable of execution through legal process. No appeal
lies against the order of the ‘Lok Adalat’.

‘Lok Adalat’ is very effective in settlement of money claims. Disputes like

partition suits, damages and matrimonial cases can also be easily settled before
Lok Adalat as the scope for compromise through an approach of give and take
is high in these cases.
Notes
Lok Adalat is a boon to the litigant public, where they can get their disputes
settled fast and free of cost.

5.4.3 ADR for Grass Route level

To combat the longstanding grievance of Aam Aadmi with respect to access
to justice, we need to revitalize the ancient times practice of decentralized and
participatory justice and resurrect ‘Nyaya Panchayats’ in the villages of every
state in India. The formulation of these village level dispute resolution forums
will lead to the fulfilment of the constitutional goal under Article 39A of the
Constitution. Nyaya Panchayats will empower more than 70% of the total India
population, which resides in villages to exercise control over the nature of
proceedings (to be conducted in local language thereby disrupting linguistic
barriers) to amicably arrive at a mutually agreeable solution via the ADR
methodology. The reinstatement of these village courts in every Panchayat area
of the village will lead to doorstep access to low cost justice by the common
man and positively impact the village economy in the long run. These Nyaya
Panchayats will function as a “Community Based ADR” mechanism which is
designed to be independent of a conventional court system that may be biased,
expensive, distant or otherwise inaccessible to the economically disadvantaged
rural population.
The Nyaya Panchayat Bill, 2006 reflects that the Panchayat should have five
members, including one woman and one reserved post rotating between SC/
ST and OBC, which are elected directly by the voters of a territorial
constituency. Reservation for women and socially backward classes in the village
court will pave the path for equal opportunity to every person regardless of their
caste and fair dispensation of justice. There is no requirement for members to
possess legal education as a prerequisite to contest for elections for the Nyaya
Panchayat. Induction of one legally trained person would inspire confidence in
the rural people and safeguard the application of substantive law.
Furthermore, to avoid partisan influences and undue political considerations
from creeping into dispute resolution process, it must be ensured that no member
is affiliated to any national or state political party. To ensure the accountability
of Nyaya Panchayats to the state, the proposed legislative framework should

74 INTRODUCTION TO LAW
Normative Functions of Law and Social Control MODULE - 2
Functions and
include a provision for documentation of disputes resolved by the Panchayat, Techniques of Law
and provide for submission of these reports to the State Government. Another
significant advance towards instilling ADR at grass root level may be made by
the establishment of ‘Gram Nyayalayas’ as the lowest tier of judiciary in the rural
areas. The State Government is expected to establish one or more Gram
Nyayalayas for every Panchayat or group of contiguous Panchayat at an
intermediate level. Each ‘Gram Nyayalaya’ shall be headed by a Nyayaadhikari,
who shall have the qualifications of a first class magistrate and possess exclusive Notes
and original jurisdiction over certain civil and criminal disputes. The key
highlight of this Bill is that it seeks to introduce ‘Court Annexed ADR’ process
at the village level by way of these Gram Nyayalayas. In civil disputes the
Nyayaadhikari will be empowered to adjourn proceedings and allow for
conciliation between parties, subject to the rules devised by High Court.
Furthermore, petty disputes such as the disputes over agricultural land, the rights
to cultivation and grazing on common pastures, disputes over cultivation, the
right to draw water from canals or tube wells or incidental questions arising
in villages are most suited to be determined by ADR procedure at village level.
Even in the 73rd Constitution Amendment Act, which conferred constitutional
sanctity to Panchayati Raj Institutions there was no specific mention of
establishing a ‘Nyaya Panchayat’. After the instant amendment, few States such
as Bihar, Himachal Pradesh, Punjab, Uttar Pradesh and West Bengal inserted
the provision for ‘Nyaya Panchayats’ in their new Panchayati Raj Acts.
Now there shall be social workers at the village level with the required
qualification prescribed by the High Court. Hence, this bill, if enacted, will
decentralize the tiers of justice delivery and reduce the burden of cases on the
lower judiciary thereby paving the path for speedier and inexpensive justice for
the economically and socially underprivileged people in India.

INTEXT QUESTIONS 5.4

1. Explain the role of Lok Adalats in providing cheaper and speedy justice to
the people.
2. Write the full form of ADR?
3. Define ‘Conciliation’.

WHAT YOU HAVE LEARNT

z In this lesson you have studied the concept of ‘Norms’. ‘Norms’ are the
standards which regulate human activities in the society. They originate
mainly from religion, customs and usages, moral standards and public

INTRODUCTION TO LAW 75
MODULE - 2 Normative Functions of Law and Social Control
Functions and
Techniques of Law opinion. Law is one of such source. In modern society, law plays the most
significant role in regulating human interactions with one another. Law
covers all the major activities of human beings. However, majority of them
are based on morals, public opinions etc.
z In India, Law has played a crucial role in reforming the society. Labour law,
Land Reform Laws, laws relating to Marriage, Guardianship, Succession,
Adoption, Laws providing for equal opportunities to persons with disabilities,
Notes
Laws relating to elderly persons are some such examples.
z To reduce the backlog of cases in Courts and to provide less expensive and
speedy justice, Alternative Dispute Resolution (ADR) is now being
encouraged. The Parliament of India has passed the Arbitration and
Conciliation Act, 1996 and has amended the Civil Procedure Code, 1908
for this purpose. To provide speedy justice at the grass route level, the Legal
Services Authorities Act, 1987 has been passed to establish Lok Adalats.
To provide justice at the door steps of village people the Gram Nyayalaya
Act, 2009 has also been passed.
z The Supreme Court of India, the apex Court of justice through a variety
of creative interpretations inspired by judicial activism, has played a very
important role in bringing socio-economic changes in the society and in
improving the conditions of women and poor sections of society.

TERMINAL QUESTIONS
1. Examine the significance of various types of ‘Norms’ in regulating the
society.
2. Explain the various sources of Law.
3. Discuss the role of Law as an instrument of social control, also evaluate
the inter-relationship between Law and other Norms.
4. Evaluate the role of Law in social reforms with suitable examples.
5. What is Alternative Dispute Resolution? Discuss its significance in providing
speedy justice.
6. How Social Norms and Moral Norms influence Legal Norms?
7. What are different types of ADR mechanisms for solving disputes.
8. Write short note one: (a) Labour Law (b) Family law (c) Customs (d) Lok
Adalat.

76 INTRODUCTION TO LAW
Normative Functions of Law and Social Control MODULE - 2
Functions and
Techniques of Law

ANSWER TO INTEXT QUESTIONS

5.1
1. In simple terms, a ‘Norm’ signifies a standard of behaviour to be followed
by the society.
2. Two examples of ‘Norms’ of social behaviour are: Notes
(i) Norms related to marriage; and
(ii) Norms related to inheritance

5.2
1. True
2. True
3. True

5.3
1. The three Acts are:
(i) The Factory Act, 1948
(ii) The Industrial Disputes Act, 1947 and
(iii) The Workmen Compensation Act, 1923
2. The two Acts are:
(i) Hindu Marriage Act, 1955 and
(ii) Hindu Succession Act, 1956

5.4
1. In Lok Adalats, the technicalities of procedural law are not insisted upon.
The matter or dispute is resolved through consensus instead of adversarial
litigation. This helps in reducing the cost of litigation and in less amount
of time as compared to regular Courts. In short, the justice delivered is
speedyand cheaper.
2. Alternative Dispute Resolution.
3. ‘Conciliaiton’ is a less formal form of Arbitration. This process does not
require existence of any prior agreement. Any party to a dispute can request
the other paty to appoint a conciliator. If a party rejects an offer to conciliate,
there can be no conciliations.

INTRODUCTION TO LAW 77