Law, so before coming into the developments, let us know the definition of law . Law is a rule of conduct developed by the government or society over a certain territory.
Law follows certain practices and customs in order to deal with crimes, business, social relationships, property, finance etc. Hence, the law is controlled and enforced by the controlling head. Or we can say it is a set of special legal rules, enforceable by the courts. Thus, the relation between the law and society are mainly three of the important functions of law in the society that are social control, dispute resolution and social change. Mainly, law can change the system for better and also can play a dysfunctional role in a society. Hence, it does not always work for the majority of the citizens.
Thus there have been a lot of developments in this past years from final plea or clear verdict on the Nirbhaya’s case, Evolution of the Right to Internet, National Education Policy, The Migrant Laborer’s Issue and some developments in the Juvenile Justice Act 2015, Farm Bills, Permanent Commission to Women Officers in Army, Surrogacy(regulation) Bill of 2020, The Medical Termination of pregnancy (Amendment) Bill,2020 etc.
Now,highlighting the recent development in the field of law are:-
THE CITIZENSHIP AMENDMENT ACT(CAA)
Though it raised as a bill and elevated as a major socio-political issue at the end of 2019 itself, the controversial amendment on citizenship culminated in the early 2020.
The amendment dealt with the regulation of the citizenship of the refugees fleeing the neighboring states due to religious persecution. After all this it came into effect on January 10,2020,and ran into the biggest controversy accused of being a threat to secularism, further complicated by the uncertainties surrounding the national Register of citizens (NRC)and the National population register (NPR). Therefore this issue witnessed a lot of conflicts, protests and rallies and a long debate and disproportionate submission by the authorities. The Supreme Court received around 140 petitions on the issues,but no major intervention received their form. While the brutal attack in Jamia Milla institute has refused consideration in the apex court, the Allahabad high court took up the matter of Aligarh Muslim University’s attack and also ensured medical assistance to the injured.
2. THE NATIONAL EDUCATION POLICY
The National Education policy approved by Modi led government on 29thjuly 2020, has suggested sweeping changes in India’s education policy
whether be it in India’s school and Higher Education system or thus, India’s third education policy has taken a different route from its predecessor by outlining a (5+3+3+4) system in place of the old (10+2). It’s content is very much broad enough but here I would like to highlight some points here; like the inclusion of pre-school(3 to 5yrs) in formal education here the suggestion of teaching the children till the 5th standard in their regional language, and making the board exams a little easier,relaxing and hence putting the main focus to the critical thinking than rote learning. Thus the course of M.phil has been removed.
3. THE MIGRANT LABORER’S ISSUE
This year we have witnessed lakhs and lakhs of migrant workers had left their works and walking across the nation in search of comfort of their homes amid this global pandemic. The Supreme Court took Suo Motu cognizance of the matter and passed a series of orders addressing the issue. Here we have seen that It ordered Central and State governments to immediately provide some foods,transport and shelter to the stranded workers free of cost and issued notice to file their responses urgently on that matter.
4. THE EXECUTION OF NIRBHAYA’S CONVICTS
As we all know about the Nirbhaya’s case which finally came to a conclusion after a long hardship of 8years of legal battle when the convicts of the Nirbhaya’s rape case of 2012 a horrifying case which shook not only the streets of delhi but all the people of India was finally executed in the early Morning of 20th march 2020 at Tihar Jail. And a last attempt was made to challenge the rejection of prayer of clemency by the president was dismissed by a three judge bench of the court two hours before the execution and at last,
THE MEDICAL TERMINATION OF PREGNANCY(AMENDMENT BILL 2020)
The bill on abortion has been passed by the Lok Sabha on the march 17.
The major highlight of this bill is to include an increase of the permissible time before which it can be carried out from 20 weeks on consultation with the two doctors hence it provides for medical Boards to decide any of the abnormal cases where abortion after 24weeks may be granted. Therefore,it insists on the operation being performed by specialized doctors who are specialized in their field of gynecology or obstetrics. And there was a ban on 59 Chinese apps to counter the threat posed by the 59 applications to the country’s sovereignty and security, and the development on surrogacy regulation bill of 2020, farm bill, development in reservation for backward classes and many more.
Now coming towards an end of the discussion regarding the development in the field of law and how this laws can be used as instrument of social change or else it can said as law is already an instrument present in the society to bring the social changes but still a long way to go in order to bring in societal transformation.
This article is written by Minakshi Nath of Assam University.