PROJECT REPORT ON

“APPLICATION OF SOCIAL RESEARCH FINDINGS IN FIELD OF LAW”

IN PARTIAL FULFILLMENT FOR THE REQUIREMENTS OF THE COURSE
BCOM LLB (HONS.) IN THE SUBJECT OF
RESEARCH METHODOLOGY

UNIVERISTY INSITITUTE OF LEGAL STUIDES, PANJAB UNIVERSITY,

CHANDIGARH

Submitted to - Submitted by -
Prof. (Dr.) Gulshan Kumar Hukam Raj
University Institute of Legal Studies Roll no: 235/20 (Sem.-6)
Panjab University, Chandigarh B.COM LLB (Sec-D)
UILS, PU, Chandigarh
RESEARCH METHODOLOGY [TABLE OF CONTENTS]

TABLE OF CONTENTS

TABLE OF CONTENTS ................................................................................................................ I

ACKNOWLEDGEMENT .............................................................................................................. II

RESEARCH – AN INTRODUCTION........................................................................................... III

SOCIO-LEGAL RESEARCH ......................................................................................................... 1

1. Elements of Socio-Legal Research .......................................................................... 2

2. Utility of Socio-Legal Research .............................................................................. 2

3. Areas of Socio Legal Research ............................................................................... 2

PERSPECTIVES OF SOCIO-LEGAL RESEARCH .......................................................................... 4

COLLECTION OF DATA IN SOCIO-LEGAL RESEARCH ............................................................... 5

SOCIAL RESEARCH & LAWS ..................................................................................................... 7

1. Labour Laws & Welfare of the working class ......................................................... 7

2. Environmental Laws & Social Research ................................................................. 9

3. Income Tax Laws & Social Change ...................................................................... 11

4. Offences against Women & Indian Law ............................................................... 12

5. Sexuality & Indian Law ......................................................................................... 12

6. Consumer Laws in India ........................................................................................ 13

LAWS WITHOUT SOCIAL RESEARCH ....................................................................................... 15

CHALLENGES IN SOCIO-LEGAL RESERACH ........................................................................... 17

CONCLUSION ........................................................................................................................... 18

BIBLIOGRAPHY .................................................................................................................... XIII

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RESEARCH METHODOLOGY [ACKNOWLEDGEMENT]

ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of guidance and assistance from
many people and I am extremely fortunate to have got this all along the completion of my
project report. Whatever I have done is only due to such guidance and I would never forget to
thank them.
I take this opportunity to record deep sense of gratitude to my teacher,
Dr. Gulshan Kumar, University Institute of Legal studies, Panjab University, Chandigarh
for her incontestably perfect unmatched guidance, encouragement, valuable suggestions and
efforts made during the preparation of this project and during her lectures which enabled me
to complete this project successfully on the topic,

“APPLICATION OF SOCIAL RESEARCH FINDINGS IN FIELD OF LAW”

I owe my regards to the entire faculty of the University Institute of Legal Studies, Chandigarh
from where I have learnt the basics of Research Methodology and whose informal
discussions, intellectual support helped me in the entire duration of this work.

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RESEARCH METHODOLOGY [INTRODUCTION]

RESEARCH – AN INTRODUCTION

“I do not understand how anyone can possibly understand the law or know anything of it,
except memoriter, without getting a clear idea of how it is in fact generated in society and
adapted from age to age to its immediate needs and uses.”
- Woodrow Wilson
Law and society work hand in hand. The father of sociological jurisprudence 'Dean Roscoe
Pound' propounded that law is predominant instrument of social engineering. Both are
supplementary and complementary for each other. Legal research can't be done without
considering the social conditions. Law and society are indivisible. Legal research deals with
social and behavioural phenomenon. As the society and human attitude changes from time to
time, there needs to be a change in law also and law can be simply defined as a “system of
rules that are used to regulate a society or rather control it.”
There prevails a question why a society requires control over it? The answer to this may be
that there is always a necessity to keep a balance between society and the people living in it
so that they can coexist interdependently which in turn will help in bringing social change. A
society is a heterogeneous place where people of all class, caste, creed, colour, gender,
background resides. It is essential that no difference should be created among these people
irrespective of their identities bringing homogeneity which can only be carried out by the
subject of law.
Social research refers to the study of individuals and societies and is often used to identify
regularly occurring social patterns in social life. It can be defined as the systematic
understanding of social facts or phenomena. It is used to gather information on the social
world, in order to come up with a course of action or simply to develop new knowledge. The
objective of social research is to identify the cause-and-effect relationship between social
problems so that these problems can be solved to enhance societal welfare. This method of
research is employed by researchers and social scientists for many different reasons but all
having one common factor i.e., to identify the outlook of the society towards the social
problem. Social research should be the bedrock of any law or statute. It is because of the
social research that the framers of the law will be able to know about the impact of the social
change the law intended to be passed will bring forth.
Social change is something that every society and its people look forward to it as social
change is often presumed to be a carrier of good and a change for good is always welcoming.
Law plays an indispensable role in bringing in a social change. In a lawless society there is

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RESEARCH METHODOLOGY [INTRODUCTION]

absence of harmony and peace between the people and the society. Further, looking into legal
systems , it can be seen that it can be conceptualized in three principal ways.
First, a legal system can be said merely as an aggregate of legal norms, as a sum of its
parts. In this conception, the typical questions are : what makes a system out of a vast and
heterogeneous mass of normative materials ? By what concepts and criteria can we identify
the existence of a legal system ? How is the unity of the systems to be established ?
Secondly, legal systems can be conceived as systems of social behaviour, of roles,
status and institutions, as involving patterned interactions between the makers; interpreters,
breakers, enforces and compliers of the norms of law.
Thirdly, legal systems may be equated with social control system, involving
differential bases of social authority and power, different normative requirements and
sanctions and distinctive institutional emplaces.
Thus, the distinction here is among social control systems supported and/or maintained under
auspices of the state and those under auspices of non-state groups or associations.
Hence research in criminal justice system would be incomplete without looking into
the social behaviour, of roles and status and institutions involved in the administration of
criminal justice.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

SOCIO-LEGAL RESEARCH

“Where the science of law meets the science of society”

A Socio-legal study is an interdisciplinary approach to analyse the law, legal phenomenon,
and relationships between these and wider society. Both theoretical and empirical work is
included, and perspectives and methodologies are drawn from the humanities as well as the
social sciences.1
In other words, Socio-legal research requires a multidisciplinary approach to analyse
and interpret the law, the legal phenomenon, the relationship between those two and also their
relationship with the society in its widest sense.
Further, talking about law, Law is an important aspect when it comes to any social
investigation. In societies where the development is planned, law plays the role of a catalyst
which helps and speeds the process of social reform. Thus, in a dynamic or developing
society a legal researcher must adopt a multi-disciplinary approach as the legal problems in
the society will be largely in connection with the social, economic, political and
psychological issues.
Law can be understood in many ways but the socio-legal research seeks to understand
law as a social phenomenon. It can be clearly distinguished from other traditions of legal
research, such as the "black letter" tradition. Its methodology is predominantly empirical and
social-theoretical rather than doctrinal. Law is not merely a black letter. Rather, it is an
instrument of social control. It originates and functions in a society and for society. The need
for a new law, a change in existing law and the difficulties that surround its implementation
cannot be studied in a better manner without the sociological enquiry.
Therefore, just as researchers are clueless and hapless if they have no knowledge of
even the basics of the law, legal system and the various important if not all the law
institutions, legal researchers too would be clueless and hapless and would do no justice
whatsoever to legal inquiry if they do not possess the basic knowledge and are not aware of
the mechanics of social research methods.
The need for a new law, a change in existing law and the difficulties that surround its
implementation cannot be studied in a better manner without the sociological enquiry.

1 http://www.bl.uk/reshelp/findhelpsubject/busmanlaw/legalstudies/soclegal/sociolegal.html

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

1. ELEMENTS OF SOCIO-LEGAL RESEARCH

The socio-legal research is comprised of the following key elements:

1. To undertake theoretical and empirical analyses of the nature of law and its
relationship to society and the State in the context of a rapidly changing world;
2. Analyse, both historical and contemporary, of the social, economic and political
factors leading to the development of the law and legal process;
3. An examination of the operation of the law in formal contexts; for example, the
courts, or in informal contexts, for example, the law office;
4. Analyse of the process of decision-taking by those responsible for the administration
of the law; and
5. An analysis of the experience of those affected by the process of law 2.

2. UTILITY OF SOCIO-LEGAL RESEARCH

The socio-legal research has following utility:

1. It can be useful in formulating new theories;
2. It gives clue to the decision-making;
3. It gives a lead and moulds public opinion;
4. It is useful in framing new laws;
5. It is useful in finding root causes of crimes and differential behaviour among
different tribes and races;
6. It provides the knowledge which widens the outlook of legislators, executives and
judiciary;
7. It paves the way for broad based social reforms. Formulation of new
3.
theories and framing
of new laws
Application of Social
Research in field of law Moulding of Public
Finding root cause of opinion and decision
crimes mark
Paving way for social
and legal reforms
2 http://www.griffith.edu.au/criminology-law/socio-legal-research-centre

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

AREAS OF SOCIO LEGAL RESEARCH

Law and society are not divisible as water-tight compartments. They are interlinked. Co-
operative inter disciplinary research is required to deal with the social-legal problems as
socio-legal research is all interdisciplinary approach which extends into the fields of a social
sciences. Upendra Baxi says that the lawyer must know much of sociology and the
sociologists must know much of law. Prof. Baxi proposed the socio-legal research in the
following vital areas:
1) Mapping of Indian legal system and formal and informal legal systems;
2) Studies on the beneficiaries and victims of administration of justice;
3) Law and poverty;
4) Compensatory, discrimination of a second of people such as Scheduled Castes and
Schedule Tribes;
5) Study of legal system in connection with cultural, social and national legal systems.

We can add some more specific areas of socio-legal research, such as, Directive principles of
Constitution of India and effect of their implementation; Criminal tendency in some tribes
and sections in India; Tax imposition and social change; International Economic Law and the
increase of international trade; White-collar crimes and their impact on society; Labour laws
and the welfare of the working classes; Land Reform Acts and the social and economic
change; Provision of contributions to political parties in Company Law and its implications;
Sex offences and their effect on social life; Feeble-mindedness and criminality; Relationship
between physical anomalies and crime tendency; Effects of customs of society on crime rate;
Alcoholism and crime rate; Urbanisation and increase of crime rate; Contribution of motion
pictures and T.V. programmes to delinquency and crime; Effects of bribery on efficiency of
administration; Preventive detention and public opinion; Efficiency of police department and
crime rate; Condition of under-trial criminals in jails; Effects of punishment and need for
reforms; Delay in trials and its effect on judicial administration; Abolition of death sentence
and its desirability; Prison reforms in treating the prisoners; Protection to tenants under Rent
Control Law. The list is endless and many more can be added to it.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

PERSPECTIVES OF SOCIO-LEGAL RESEARCH

There is rich tradition of legitimacy of the legal and political …… articulated in the Indian
Constitution as amended by the Parliament and interpreted by our Supreme Court. It is
necessary to reflect on the sociological thought dealing with anomic alienation , legitimacy,
violence and criminal justice normlessness.
Little or no effort is made in the research to integrate theoretical perspectives an “anomic” in
the Indian literature on social deviance. Whether we vein anomic in Durkheimian terms as
entailing “Overweening ambition” and breakdown or regulatory norms or in Mertonian terms
as disjunction between “cultural goals” and “socially structured” opportunity or mercy in
terms of differ opportunity or mercy in terms of “differentials in the availability of
illegitimate means”, a vast range of Indian materials on criminology needs theoretical
perspectives generated by “anomic” theorizing. Related to this. Is the problem of violence in
relation to political and legal order. We need to think about the shifting boundaries of
permissible and proscribed violence in Indian society of the capabilities and responses of
legal political orders to inter –group and intragroup violence, and of the viability of the legal
– political ideological controls over the deployment of permissible violence by the agents of
law and order. Roscoe pound continued to define and reiterate throughout his lifetime of
dedication to sociological jurisprudence his view of law as an instrument of maximum
satisfaction of de- facto human demands, with least friction and waste.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

COLLECTION OF DATA IN SOCIO-LEGAL RESEARCH

Collection of data is regarded as fascinating phase of research. Through the collection and
handling of information, the researcher begins to feel the actual excitement of research. A
researcher can either collect the data himself or rely on others for their collected data or
information available with them. In both the cases, there is a great need for data of high
quality. This requires great skill and experience.
A datum is what is observed, is manifest or phonotypical. Data in socio-legal studies,
as in other sciences, are based on our sense-observations. The word ‘observation’ as used
here includes all forms of perception used in recording responses as they impinge upon our
senses. But response is not a datum. A response is some manifest kind of action, whereas a
datum is the product of the process of recording the response.
In data collection stimuli (questions, tests, pictures or other objects) is presented to the
respondent (subject). The stimuli may be classified as systematic stimuli, and unsystematic
stimuli. By systematic stimuli, we mean those that are kept constant while objects are
changed. The unsystematic stimuli are those which lack standardization e.g., questions asked
in informal interviews.
The responses of the subjects (i.e., respondents ) to the stimuli may also be classified
as systematic and unsystematic responses. Systematic responses have a reference to constant
( definite, standardized) response categories. Thus, the responses of subject to a stimulus are
recorded. The unsystematic responses of subject to a stimulus are recorded. The unsystematic
responses have a reference to constant (definite, standardized) response categories. Thus, the
responses of subject to a stimulus are recorded. The unsystematic responses are those which
are recorded verbatim with due regard to all possible individual variations and character
logical nuances. Bringing these categories of stimuli and responses, we can decide the
settings for the collection of data as :
1) Informal,
2) Formal unstructured, and
3) Forma structured.
The responses of the subjects may be called as acts. Acts may be classified as verbal and non-
verbal. The verbal acts may be sub –divided into oral and written. Verbal acts are acts where
verbal symbols are used to communicate. The non-verbal acts are the signals like bowing,
clapping, etc. The oral-verbal acts consist of the subject replying to a stimulus by the word of
the mouth. The other kind of verbal acts consist in writing out the responses to the stimulus.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

The main forms of data collection responses can be presented in the following break-down
table :
Settings Responses
Non-verbal Oral-verbal Written-verbal
Formal Participant Conversation Letters, Articles,
observation Biographies
Formal unstructured Systematic Unstructured Open-ended
Observation Interviews Questionnaires
Formal structured Experiments Structured Interviews Structured
Questionnaires

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

SOCIAL RESEARCH & LAWS

The socio-legal approach may be seen to occupy space between two extremes of a
methodological spectrum. At one end, a strict doctrinal approach relies predominantly on
self-informed analysis of legislation and judicial decisions from the superior courts.
Approaches at the other end, such as critical legal studies and economic analysis of law, are
tuned to the concerns, theory and informants of external perspectives. While contextual
analysis is increasingly the norm in legal scholarship, external informants are essential to a
socio-legal approach. The socio-legal lens widens to observe operational and everyday legal
situations, and diverse textual sources, disciplinary and cultural perspectives are considered 3.
Law and society are not divisible as water-tight compartments. They are interlinked. Co-
operative inter disciplinary research is required to deal with the social-legal problems as
socio-legal research is all interdisciplinary approach which extends into the fields of an social
sciences. Upendra Baxi was of the opinion that a lawyer must know much of sociology and
sociologist must know much of law.

1. LABOUR LAWS & WELFARE OF THE WORKING CLASS

Labor laws are a set of compliances that set the tone for the treatment of the labour force in
the workplace. Labour is the greatest asset for an organisation and to ensure that their rights
are protected and to safeguard them against any exploitation, labour laws are enforced. It
regulates the companies, workers, and trade unions. Non-compliance with the laws can lead
to punitive action towards the organisation. Labour Laws are imposed by the State as well as
the Central Government. The labour law compliances are not just restricted to filing returns,
but these records serve as evidence for the compliance of the laws and must be produced to
the authorities in case of any discrepancies. There are laws that are enforceable only for
certain work environments and there are some laws that are enforceable to all organisations.
The major acts included in the industrial law compliance rules are:
A. Minimum Wages Act, 1948
Fair wage is that level of wage that not just maintains a level of employment, but seeks to
increase it keeping in perspective the industry's capacity to pay. Due to an unjust attention
towards the decades old law, it exploited by major businesses to underpay their employees. In

3 http://www.bl.uk/reshelp/findhelpsubject/busmanlaw/legalstudies/soclegal/sociolegal.html

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

public opinion, government must set a yearly wage change just like countries internationally
do.
To achieve this in its first session during November 1948, the Central Advisory
Council appointed a Tripartite Committee of Fair Wage. This committee came up with the
concept of a minimum wage, which not only guarantees bare subsistence and preserves
efficiency but also provides for education, medical requirements and some level of comfort.
The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour
law that sets the minimum wages that must be paid to skilled and unskilled labourers. It is
an Act to provide for fixing minimum rates of wages in certain employments.
Payment of wages below the minimum wage rate amounts to forced labour. Wage
boards are set up to review the industry's capacity to pay and fix minimum wages such that
they at least cover a family of four's requirements of calories, shelter, clothing, education,
medical assistance, and entertainment.
Under the law, wage rates in scheduled employments differ across states, sectors,
skills, regions and occupations owing to difference in costs of living, regional industries'
capacity to pay, consumption patterns, etc. Hence, there is no single uniform minimum wage
rate across the country and the structure has become overly complex. Central and state
governments have discretion to set wages according to kind of work and location, and they
range between as much as ₹ 143 to 1120 per day for work in the so-called central sphere.
State governments have their own minimum wage schedules.
In 2011, 42% of all wage earners in India receive wages below the national
minimum wage floor rate. The data used for these statistics includes half of casual labourers
and 1/4th of those salaried. Female workers and those in rural areas are more likely to be
paid below a minimum wage. Those who are illiterate or have no mid-level education are
most likely to be paid below a minimum wage.
For Salaried workers, if they are employed in agriculture, it is more likely that they
are paid higher than the minimum wage. Whereas casual workers in construction and
unionised workers in production & manufacturing are likely to receive wages at the minimum
wage rate.
B. Contract Labour Act, 1970
Contract labour is the system of employing labourers through a contract by a contractor for a
specified period. A workman is known as a contract labourer when they are assigned to a
work of an establishment for a specific period through a contract by a contractor with or
without the knowledge of the principal employer.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

In India, contract labourers are used in various industries varying from skilled to
semi-skilled jobs. Before and after independence the status and condition of contract labour
were analysed by numerous commissions, committees, Labour Bureau Ministry of Labour,
etc. and it was found that the major characteristics of contract labour are poor economic
conditions of the workers, casual nature of employment, lack of job security, etc.
Therefore, the legislature enacted the Contract Labour (Regulation & Abolition) Act,
1970(which came into force on 10th February, 1971) to regulate the adequate functioning of
the contract labourers and to prevent the exploitation of contract labourers by the hands of
management.

2. ENVIRONMENTAL LAWS & SOCIAL RESEARCH

In India, the detailed and developed framework for environmental protection came after the
UN conference on Human Environment in Stockholm, in 1972.This led to the formation of
the National Council for Environmental Policy and Planning in 1972 within the science and
technology department. The government of India has made numerous acts to protect the
environment and biodiversity. The important and impactful environmental laws and acts are
listed and explained below.
A. Constitution of India
Our constitution, originally, did not contain any direct provision regarding the protection of
the natural environment. However, after the United Nations Conference on Human
Environment, held in Stockholm in 1972, the Indian constitution was amended to include
protection of the environment as a constitutional mandate.
The forty second amendment added Article 51A (g) of the Indian constitution made it
a fundamental duty to protect and improve the natural environment. “It shall to be duty of
every citizen of India to protect and improve the natural environment including forests, lakes,
rivers and wild life and have compassion for living creatures.”
There is a directive, given to the State as one of the Directive Principles of State
Policy regarding the protection and improvement of the environment. Article 48A states
“The State shall endeavour to protect and improve the environment and to safeguard the
forests and wildlife of the country”.
B. Wildlife (Protection) Act, 1972
In 1972, Parliament enacted the Wild Life Act (Protection) Act. The Wild Life Act provides
for state wildlife advisory boards, regulations for hunting wild animals and birds, the

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

establishment of sanctuaries and national parks, regulations for trade in wild animals, animal
products, and trophies, and judicially imposed penalties for violating the Act.
It has six schedules that give varying degrees of protection:
 Schedule I and part II of Schedule provide absolute protection, offences under
these are prescribed the highest penalties.
 Species listed in Schedule III and Schedule IV are also protected, but the
penalties are much lower.
 Animals under Schedule V, e.g. common crows, fruit bats, rats, and mice, are
legally considered vermin and may be hunted freely
 The specified endemic plants in Schedule VI are prohibited from cultivation
and planting.
India is a signatory to the Convention of International Trade in Endangered Species of
Fauna and Flora (CITES 1976). Under this convention, export or import of endangered
species and their products are governed by the conditions and stipulations laid down therein.
Indian government has also started some conservation projects for individual endangered
species like Hungal (1970), Lion (1972), Tiger (1973), Crocodiles (1974), Brown-antlered
Deer (1981) and Elephant (1991-92).
C. Environment (Protection) Act, 1986
This act was passed under article 253 (legislation for giving effect to international
agreements).This was passed in the wake of the Bhopal gas tragedy in December 1984.
After the Bhopal tragedy, the Indian government enacted the Environment
(Protection) Act 1986. The purpose of this act is to implement the decisions of the United
Nations Conference on the Human Environment in 1972 related to the protection and
improves the human environment and prevents risks to people, other living things, plants and
property.
The Environment (Protection)Act was the first environmental legislation to give the Central
Government authority to issue direct orders, included orders to close, prohibit or regulate any
industry, operation or process or to stop or regulate the supply of electricity, water or any
other service to the industry, operation and process.
The Act explicitly prohibits discharges of environmental pollutants in excess of
prescribed regulatory standards. There is also a specific prohibition against handling
hazardous substances except those in compliance with regulatory procedures and standards.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

Persons responsible for the discharge of pollutants in excess of prescribed standards must
prevent or mitigate the pollution and must also to report the governmental authorities

3. INCOME TAX LAWS & SOCIAL CHANGE

Income tax in India is governed by Entry 82 of the Union List of the Seventh Schedule to the
Constitution of India, empowering the central government to tax non-agricultural income;
agricultural income is defined in Section 10(1) of the Income-tax Act, 1961.
Income-tax law consists of the 1961 act, Income Tax Rules 1962, Notifications and
Circulars issued by the Central Board of Direct Taxes (CBDT), annual Finance Acts, and
judicial pronouncements by the Supreme and high courts.
The government taxes certain income of individuals, Hindu Undivided Families
(HUF's), companies, firms, LLPs, associations, bodies, local authorities and any other
juridical person. Personal tax depends on residential status.
The CBDT administers the Income Tax Department, which is part of the Ministry of
Finance's Department of Revenue. Income tax is a key source of government funding.
Recently, the Government of India introduced a new optional tax rate regime starting
from April 1, 2020 (FY 2020-21. Consequently, Section 115BAC has been added to the
Income Tax Act, 1961 (the Act) that prescribes reduced tax rates for individual taxpayers and
HUFs on forgoing specified tax deductions or exemptions.
For an individual taxpayer, FY 2020-21 is the first instance where they get to choose
between the old tax regime and the new tax regime while filing their income tax returns.
The new tax regime has widened the scope of taxation with seven tax slab rates
ranging from 0% to 30% with the highest tax rate applicable on income above INR 15 lakh.
Contrary to the new regime, there were four tax slabs in the old regime from 0% to 30% with
the maximum rate applicable on income above INR 10 lakh.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

4. OFFENCES AGAINST WOMEN & INDIAN LAW

Swami Vivekanand rightly said, "Just as a bird cannot fly with one wing, a country cannot
move forward if women are left behind". Man and woman are two holes in a perfect whole.
Strength comes from their union; their separation leads to weakness. Each complements the
other and is complemented by the others.
But still in a country like India where several goddesses are worshipped, women are
treated are treated as second class citizens. Women are given rights and are not given
freedom by the society to exercise those rights.
Though we got independence in 1947 but are social mindset is still that of colonial
times. Patriarchal practices are so much prevalent in the country that parliament has to
intervene several times by enacting laws for the safety of women.
Some of these legislations includes:
1. Child Marriage Restraint Act, 1929
2. Justice Verma Committee & Criminal Amendment Act of 2013
3. Domestic Violence Act,2005
4. Dowry Prohibition Act , 1961
5. Section 326A4 & 326B5 of IPC, 1860 added by Criminal Amendment Act of 2013

5. SEXUALITY & INDIAN LAW

India is a land of tolerance and acceptance. Homosexuality was never a crime in India until
the Britishers came along. With them they brought their mindset of intolerance and
censorship.
Ancient temples and art are evidences that there was a society no judgement on
expression of sexuality. Transgenders were not socially ostracized. This was the thinking of
the west that what you don’t understand censor it.
Section 3776 in the Indian Penal Code, 1861 was one such example of censoring the
right to expression of sexuality and life.
Section 377 of the Indian Penal Code, 1860 that use to criminalise unnatural offences
that is if intercourse takes place between two men or between two women, the same will be

4
§326A. Voluntarily causing grievous hurt by use of acid, etc.
5
§326B. Voluntarily throwing or attempting to throw acid, etc.
6 §377. Unnatural Offences

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

declared as an offence under this provision was scraped off by the Supreme Court of India on
the grounds that homosexuality is no more an offence in the eyes of law.
Supreme Court in the landmark judgment of Navtej Singh Johar v. Union of India7
decriminalised all kinds of consensual sex among adults which were inclusive of homosexual
sex also. This decision by the apex court brought in a revolutionary change in the Indian
society, traditions and beliefs. It was a welcoming judgment for the majority of the people
especially the queer community.
Supreme Court observed that sexual orientation is an essential attribute of privacy.
s.377 is not in consonance with the Article 14, 15 and 21 of Indian Constitution. But still
there is a long way ahead for queer community in India to go as the law of India does not
identify same sex marriage.
There are very few laws in India that are gender neutral, one such legislation is
Prevention of Children from Sexual Offences (POCSO) Act, 2012 The POCSO Act was
enacted in 2012 and is gender neutral — it recognises that boys can be victims of sexual
violence as well. It defines a child as someone under the age of 18. The Indian Penal Code
does not recognise that sexual assault can be committed on boys. Being a special law, this
Act has overriding effect on any other law by virtue of S. 42-A of POCSO Act, 2012. IPC
also cleared the path for POCSO because of provision of s.5 read with s.41 of IPC. This was
held in Independent Thought of India v. Union of India.8
Another hallmark of the POCSO Act was that it set up procedures to make the
criminal justice system child-friendly and prevent re-traumatisation. This includes everything
from how the statement of the child should be recorded, to the medical examination, to
designation of special child friendly.

6. CONSUMER LAWS IN INDIA

In 1986, the Consumer Protection Act was passed “to provide for the better protection of the
interest of consumers and for that purpose to make provisions for the establishment of
consumer’s councils and other authorities for the settlement of the consumer disputes and for
matters connected therewith”.
The Digital Age has ushered in a new era of commerce and digital branding, as well
as a new set of customer expectations. Digitalization has provided easy access, a large variety
of choices, convenient payment mechanisms, improved services and shopping as per
convenience. However, there are also associated challenges related to consumer protection.

7 Navtej Singh Johar v. Union of India, AIR 2018 SC 4321

8 Independent Thought of India v. Union of India, AIR 2017 SC 800

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To help address the new set of challenges faced by consumers in the digital age, the Indian
Parliament passed the landmark Consumer Protection Bill, 2019 which aims to provide
timely and effective administration and settlement of consumer disputes.
Another legislation passed to counter unfair trade practices is Essential Commodities
Act, 1955.
The ECA was enacted in 1955 and has since been used by the Government to regulate
the production, supply, and distribution of a whole host of commodities that it declares
‘essential’ to make them available to consumers at fair prices. Additionally, the government
can also fix the minimum support price (MSP) of any packaged product that it declares an
“essential commodity”. The following commodities are included under the ECA:
 Essential drugs;
 Fertilizer, whether inorganic, organic or mixed;
 Foodstuffs, including edible oilseeds and oils; hank yarn made wholly from
cotton
 Petroleum and petroleum products; raw jute and jute textile;
 Seeds of food-crops and seeds of fruits and vegetables;
 Seeds of cattle fodder;
 Jute seeds and cotton seed.
 In wake of COVID-19 outbreak, Masks and Sanitizers also became listed
under ECA.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

LAWS WITHOUT SOCIAL RESEARCH

Law is not for law’s sake. Law is an instrument of social control. It originates and functions
in a society and for society. The need for a new law, a change in existing law and the
difficulties that surround its implementation cannot be studied in a better manner without the
sociological enquiry. Law is an important variable in any social investigation.
Law without backing of social research can sometimes lead to public outrage. An
outstanding example of public opinion being moulded in the jar of law is regarding the
defamation bill that the Rajiv Gandhi government wanted to bring about but subsequently
had removed the idea of doing so as there was opposition from the public’s end regarding the
bill. This says that whenever it is required, public opinion takes the role of law. Thus, law can
be adjusted in whichever way the society wants it to be so as to use it as an instrument in
creating a social change.
The Farming Laws of 2020 which included the amendment for Essential
Commodities Act, 1955 were set of laws with a view to change the agricultural sector of
India.
The amendment related to Essential Commodities Act was to allow the Government
of India to delist certain commodities as essential, allowing the government to regulate their
supply and prices only in cases of war, famine, extraordinary price rises, or natural
calamities. The commodities that have been deregulated are food items, including cereals,
pulses, potatoes, onion, edible oilseeds, and oils. These can only be regulated in the
extraordinary circumstances previously mentioned, by imposing limits on the number of
stocks of such items that can be held by persons. The Ordinance states that government
regulation of stocks will be based on rising prices, and can only be imposed if there is a 100%
increase in retail price (in the case of horticultural produce) and a 50% increase in retail price
(in the case of non-perishable agricultural food items). These restrictions will not apply to
stocks of food held for public distribution in India.
Despite being visionary in intent, the bills come with their own share of loopholes. In
rushing the bills through parliament on the strength of numbers, the Union government seems
to have handed the short end of the stick to the states and farmers.
A greater degree of consultation could have provided much needed impetus for the
realisation of the vision for transformation. By not considering the voices of important
stakeholders, the government had sown the seeds of mistrust and faced a tremendous amount
of backlash, not just from the farmers but from the general public as well. Some states

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

contested the bills in the Supreme Court, while others tried to circumvent their way around
them. A huge protest broke out around the outskirts of Delhi which went on for a period of
more than 365 days. In order to truly transform agriculture in India, the central government
needed to be far more inclusive in their planning and decision-making processes.
A clear message was sent by the citizens of the country to the government that it
cannot pass any laws without taking into confidence the stakeholders interest. It made the
government take into consideration the aspect of social research before enacting any laws.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

CHALLENGES IN SOCIO-LEGAL RESERACH

Socio-Legal Research denotes the trans-disciplinary research combining law and other social
sciences. The challenges faced by socio-legal researchers and scholars though manageable
are not to be taken lightly.
In today's world, we will find that most lawyers, judges, and jurists agree that the
study of law is a source of progress for the country, although it may be qualitatively different
from with many other countries. Law, like all other disciplines, can never be isolated. The
applicable legal rules and regulations regarding the various real life situations that may arise
can be applied to produce certain results certain desire. Different intellectual fields such as
history, science (both physical and social), religion and philosophy are all interrelated and
affect real situations as well as related to law.
The most eminent problem is the fact that the number of social sciences that are
recognized in today’s world are quite large and each of them have been researched upon and
studied for a considerable period of time which has led to many sub-categorisations within a
single discipline. For example, the study of economics is just one distinct discipline for the
non-economists but in reality, we find that economics has been further divided into various
categories such as finance, economic theory, econometrics, economic history, economic
policy, etc., and there are scholars who have specialized only or rather exclusively in one or
maybe more of those sub-categories under the broad headed discipline of economics.

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RESEARCH METHODOLOGY [SOCIO-LEGAL RESEARCH]

CONCLUSION

Law is rooted in social institutions and also in socio-economic network. These social factors
influence the course of law or the direction of legal change. This is the outcome of personal
and social interactions which are variable and often unpredictable. At the same time, law may
itself change norms in various ways. For example, in free India, legal abolition of
untouchability is an attempt to change a long-standing social norm. Yet it has not succeeded
much due to inadequate social support. Thus there is a reciprocal relationship between law
and society.
Society is a “web of relationships” and social change obviously means a change in
the system of social relationships where a social relationship is understood terms of social
processes and social interactions and social organizations.
Law plays an important role in this system of social relationships as it tries to imbibe
in it certain factors that make these relationships harmonious and create a peaceful
environment for these relationships to evolve.
It is true that, socio-legal research actually expresses the opinion, needs of people
towards any old or new legislations the data in socio-legal research based on public opinion.
Mostly, it includes studies of public opinion and law, legal forms and economic realities,
judicial values and perspectives.
Law does not operate in vacuum, it operates in society and so legislation which is
useful to society, only becomes an adequate or effective legislation.
It is ineffective if it is completely against social need of changing society, and for that
socio legal research is only an effective medium to increase the effectiveness of any
legislation.

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RESEARCH METHODOLOGY [BIBLIOGRAPHY]

BIBLIOGRAPHY

 Books:
o Myeni, S.R. , Legal Research Methodology , 5 th Edition, Allahabad Law
Agency, Allahabad, 2012.
o Cauvery, R., Research Methodology, 1st Edition , S Chand & Co. , Delhi,
2018.
o Verma, S.K., Legal Research Methodology, Indian Law Institute, New Delhi,
2006.
o Singh, Rattan., Legal Research Methodology, 2nd ed., Lexis Nexis, 2017
 Online Resources:
o https://blog.ipleaders.in/can-law-used-instrument-creating-social-change/
o https://blog.ipleaders.in/all-about-section-326-326-a-and-326-b-of-the-indian-
penal-code-1860/#Section_326-A_IP
o https://www.legalservicesindia.com/law/article/966/18/Law-is-a-form-of-
Social-Science?id=966&u=18
o https://legalpoint-india.blogspot.com/2021/07/question-what-are-main-
characteristics.html
o https://www.business-standard.com/podcast/current-affairs/four-labour-codes-
that-everyone-is-talking-about-121122900040_1.html
 Research Paper:
o Socio-Legal Research: Module IV; National Law University, Delhi

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