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2016

INSTITUTE OF LAW, NIRMA UNIVERSITY

INTRODUCTION

JOURNAL

ORIENTATION TO LAW, LEGAL SYSTEM


AND LEGAL HISTORY

SUBMITTED BY
BHAWNA SHEWANI
DIVISION “C”
(16BBL011)
Guided by Mr. Nadim Nikhat

ACKNOWLEDGEMENT
I would like to express my special thanks and
gratitude to my teacher (Mr. Nadim Nikhat) as well
as our principal (Dr. Purvi Pokhariyal )who gave me
the golden opportunity to prepare this journal,
which helped me in recalling and memorizing all
the topics discussed in the classroom.

This method of evaluation helped me a lot and I


am thankful to my teacher that he included such an
evaluation system in our course which not only
checks our skill of recollecting all the things
learned but also helps us in preparing for the
upcoming endeavors.

In this journal, I have tried and given my best to


accumulate and accommodate all the topics
discussed in the classroom.
The topics covered by me in this journal include
“Law Safari”, “Idioms” (‘Andha kanoon’, ‘jiski lathi
uski bhains’, ‘andher nagri chaupat raja’),
“Metaphors” (‘Jungle Raj’, ‘War’) and “Law and
Power by Foucault”.

Law safari
A rally in front of my house in Bhopal.

 Traffic Safety Laws


 Motor Vehicle Act, 1988
Section 5 of Act-Responsibility of owner of
vehicle
 Law relating to pedestrians
Indian Penal Code (1860)
Section 279(1)
Section 304
Section 336(2)/337/338-Protects the public
pedestrians, against rash driving and
negligence by motorists.
 Laws for public in residential areas
 Indian Penal Code-Section 268-Public Nuisance
 Violation of Article 21 of Indian Constitution
 Section 2(a) of the Air (Prevention and Control
of pollution) Act, 1981-it includes Noise in the
definition of Air Pollution.
 Religious Associations
 The Religious Institutions Act, 1988
 Indian Constitution
 Article 25
 Article 26
 Property rights
 Land Acquisition Act-IPC 406

IDIOMS
What are Idioms and in what way can idioms be used in
better understanding of law?
Idioms in general terms mean ‘an expression in the
usage of a language that is peculiar to itself and
characterizes a particular person, type or art, etc.’

Here, we have used some idioms which give us a


direction to relate and derive a lawful meaning.

The idioms we discussed are as follows :

 Andha kanoon
 Jiski lathi, uski bhains
 Andher nagri, chaupat raja

ANDHA KANOON
Andha kanoon in literal words mean ‘Blind Law’.

But this is not how it is to be taken. We need to


understand each word separately and what it
implies?
Firstly, what do you understand by ‘Andha’ in this idiom?
This word can be expressed in both positive and
negative ways.

Positive side :

 Impartiality
 Equality before law
 Transparency
 Unbiased-not influenced by anyone
Negative side :

 Injustice-it cannot see the problem


 Helplessness-it can be manipulated as it needs
a helping hand to regulate it
 It does not consider things according to
circumstances-For Example: Stealing for
hunger or stealing for luxury
 There are some things that are visible. But as
law is blind, it make things complex.
 Even after being blind, it gets inclined towards
money, status and power.
The golden ribbon on the eyes of lady of justice
can be metaphorically used to explain the above
point. This can be said that justice gets embezzled
by materialistic things(Gold).
Now, the question arises-What here ‘Kanoon’ means?
Kanoon means ‘law’ and can be explained through
some other expressions:

 Certain rules and regulations


 Certain norms which we are bound to follow
 Order in society
 Amount of Reward and Punishment

What ‘Andha Kanoon’ reflects?


This tells that ‘Law and Justice’ go hand in hand.
And law should be impartial so that justice prevails.

At times, instead of ‘Law and Justice’, ‘fear and


justice’ go together. In such cases, victim gets
punished.
So, this is what this idiom reflects. Law needs to be
unbiased.

JISKI LATHI, USKI BHAINS

How can ‘lathi’ be expressed in different ways?


‘Lathi’ can imply the following things:

 Power
 Authority
 Superiority
 Social network
 Wealth
 Recognition
 Reputation
 Control and dominance
 Tyranny
 Majority
 Muscle power/ patriarchy
 Violence
What does ‘bhains’ imply?
‘Bhains’ implies ‘law’
How is ‘lathi’(power) related to ‘bhains’(law)?
This particular question gives rise to many different
questions through which this question can be
answered.
1. How power influences law?
The powerful control the law because power is
a doctrine that takes advantage of a position of
power over another person.
2. How law enforces power?
Law has its own power which has the capacity
to regulate behavior and enforce order and
power within the society.
3. How law changes the power structure and
relationship between power and law?

By answering the above questions, we can


easily understand how power and law are
dependent on each other in various situations.
This idiom tells her that how the powerful controls
the law.
Like in a family, father has the ‘lathi’.
In the same way, the wealthy, powerful, reputed
and majority has the ‘lathi’ in case of law.
ANDHER NAGRI, CHAUPAT RAJA
This idiom means ‘dark is the nation and insane the
king.’
What do we mean by ‘Andher Nagri’?
‘Andher nagri’ in literal words mean ‘city without
lights.’
This phrase can be expressed through different
meanings
 Unfair city
 A chaotic state
 Dumb society

What do we mean by ‘Chaupat Raja’?


Chaupat raja means an insane king. This can be
explained through some other expressions like:
 Bad law makers
 Singularism-this can be understood with the
help of the example where punishment for
theft of bread and theft of gold is same.
 Presence of No Uniform Civil Code

Now, we need to answer the following questions in


order to understand the concept of this idiom:
1. Examples from History
Taxation of salt by Britishers
2. Are we heading towards the Andher nagri?
Yes, we are heading towards andher nagri. This is
explained below using child labor laws.
3. Is law moving away?
Example of CHILD LABOUR can also be taken to
understand what singularism is?
1. Can we treat all kinds of Child Labour in the same
way?
2. Can all types of trafficking be treated same?
Law is taking away our legal pluralism. Child labor
laws are the examples of such pluralism.

Are we heading towards ‘andher nagri’?

METAPHORS
What are metaphors and how can these be used in better
understanding of law?
Metaphor in literal means ‘a word or phrase for
one thing that is used to refer to another thing in
order to show or suggest that they are similar’
So, we read about :
 Jungle raj
 War
Jungle Raj

Jungle raj is used as a metaphor of ‘lawless


society’.
It describes a state of nature where
 There are no rules and regulations
 Situation is unorderly, unorganized and chaotic
 Self-interest prevails
 There is lack of protection
 Fear rules
 Where violence and fear prevails
 Where society is unjust
This tells that how lawlessness prevails in the state
of nature and there is only one rule that is
followed-“Survival of the fittest.”
War
We see violence, destruction of environment,
property and lives. War is generally a state, period
or situation or an organized effort of a group to
stop or defeat something that is viewed as bad or
dangerous.

These are some questions that can explain what


war is ?
1. Who goes on war?
The state goes on war in legal terms.
2. What is a state?
State is the sovereign that is externally
independent and internally free.

That is why, when state goes on war, sovereignty


goes on war.
3. Why state goes on war?
State goes on war because of the following
reasons:

 Conflict of interests
 Territorial disputes on power, wealth,
resources, etc.
 To establish dominance
 To protect state’s sovereignty

Sovereignty-Rule of inviolability

War-Rule of inviolability is threatened

 When law of diplomatic relationships is broken


 When international peace is broken
4. What are different types of war?
There are major two types of war:
 Internal war
 External war
Internal war
Internal war which is also known as Civil War is a
fight between the state and a group of people.
1. What keeps the state internally free?
 Authority
 Monopoly
 Power and forces
 Only state has conventional offensive power
2. What happens during an internal war?
 Authority of state is challenged through
violence i.e. breakdown of law
 Monopoly is shaken or broken.
3. How violence is related to law?
To answer this question, we need to look at the
areas where

 Violence influences law


 In Delhi Rape Case, violence influenced law
 In Jat movement and Patidar movement,
violence was used to bend law in their
favor
 Beef ban is an example of violence
influencing law
 Laws which
reinforces/promote/legitimize/violence
Where there are discriminatory laws, it
legitimizes violence.
 Armed Force Special Protection Act
(AFSPA)
 Absence of law reinforces violence

Power
Power is the possession of control, authority, or
influence and ability to control things or people.
In the terms of a state, power is political control of
an area or country.

Law and Power by Michel Foucault

Power is everywhere and comes from everywhere


and therefore, it is neither an agency nor a
structure.
(https://www.google.co.in/#q=power+by+m
ichel+foucault)
Power-Law, Discipline, and Governmentality
Bio-Power-Discipline and Governmentality
Law is a technique to maintain power

1. What is discipline?
Discipline is a dominating form which both
constructs the subjects and subjects him to subtle
force of control.
2. How discipline controls and how violence (subtle force)
helps in controlling?
Government uses various techniques of power to
maintain status quo. Law is one of the techniques
of govt. to maintain power.

Violence interferes in the legitimate rights. It is not


always physical, it is subtle in nature.
3. What is the nature of law?
Law is complicit in this modern regime of power.
The consequences of a Foucauldian account of the
relationship between law and power provides a
fundamental challenge to liberal jurisprudence.
4. How can governmentality be explained?
Governmentality operates on a particular group of
individuals. Techniques of power are directed to
making adjustments in the population and their
economic conditions.
Legislation is one of the techniques.
5. What is Foucault’s understanding of law?
Law does not change power structure. It tries to
question power structure.

Liberal law is also an instrument of maintenance of


power. Law is set of rights and duties by which
society develops.

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