MOHALI: Regarding recent trends in India, the Aryans College of Law, Rajpura, near Chandigarh held a seminar on law as an instrument of social change. Ms. Jaskiran Kaur, Faculty, Aryans College of Law interacted with LLB and BA-LLB students.
Kaur, while interacting, highlighted the importance of society as a means of changing the law with particular reference to Indian judgments and also discussed why the law is dynamic. There is an inter-relationship between law and social order by defining them separately, quoting Austin’s definition of law as “law is an order from the sovereign backed by sanction”, Kaur said.
Further, Kaur explained that the concept of law not being static with respect to the Indian Constitution with particular reference to Art. 21, Right to life and its expanded scope. She mentioned the last judgment KS Puttuswamy v. Union of India in which it was held that the right to privacy is the fundamental right of every citizen. She further stated that the decriminalization of homosexuality gave the new change to the Indian social order. For this case Navtez Singh Johar v. Union of India was discussed, which clearly stated that constitutional morality should be considered rather than societal morality.
While discussing the historic judgment of Keshavananda Bharti against the State of Kerala, Ms. Sanskriti Rana, HOD, Department of Law, explained the dynamic nature of the Indian Constitution, as in this case, it was judged that any part of the constitution can be changed but the base structure cannot be changed.
She further stated that the judgment of MC Mehta v. Union of India in which it has been held that the right to clean water and clean air is necessary for the right to life with dignity and in a healthy environment is also a fundamental right which clearly demonstrates the scope of expanded law enforcement with social change. Although law and social order go hand in hand, some shortcomings need to be addressed, she concluded.