UNIVERSITY INSTITUTE OF LEGAL STUDIES
PANJAB UNIVERSITY, CHANDIGARH
Project Topic:- Application of Social Research in
Field of Law
SUBMITTED TO: Prof. Gulshan Kumar
SUBMITTED BY: Gagandeep kaur
Roll no: 248/19
Section: E
ACKNOWLEDGEMENT
In the accomplishment of this project successfully many people have best
owned me upon their blessings and heart pledged support, I would like to
thank all those people who have Been concerned with this project.
Primarily I would like to thank God for being able to complete this project with
success. Then I would like to thank my Research Methodology – Prof. Gulshan
Kumar, whose Valuable guidance helped me patch this project and make it full
proof success. His suggestions and instructions have served as the major
contribution towards completion of the Project.
Then I would like to thank my parents who have helped me with their valuable
suggestions and guidance has been very valuable in various phases of
completion of the project.
NAME:- GAGANDEEP KAUR
DATE :- 7May 2022
Index
[Link] CONTENT
1. INTRODUCTION
2. WHAT IS SOCIAL RESEARCH?
3. WHAT IS law?
4. WHAT IS SOCIAL RESEARCH?
5. RELATION BETWEEN LAW AND SOCIAL SCIENCE
6. IMPORTANCE OF RESEARCH
7. OBJECTIVES OF SOCIAL RESEARCH
8. NEED OF SOCIO- LEGAL RESEARCH
9. APPLICATION OF LEGAL RESEARCH IN FIELD OF LAW
[Link] OF CHILD MARRIAGE ACT, 2006
2. DOWRY PROHIBITION ACT,1961
[Link] Act, 2012{Protection of Child From Sexual Offence]
[Link]-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES
(PROHIBITION OF SEX SELECTION) ACT, 1994.
[Link]
[Link]
10. CONCLUSION
11. BIBLIOGRAPHY
INTRODUCTION
Legal profession cannot move forward without research and findings. The main reason
behind this is the dynamic nature of law. Legal research forms an integral part in the life of
law professionals, whether they are law students, lawyers, academicians, practitioners who
are interested in legal knowledge. With the changing of society and laws every day, it
becomes essential to scrutinize the pool of laws and social rules. The primary purpose of
legal research remains to either find the lacunas in the laws, so they are made following the
society’s needs or add some vastness to the subject matter of rules to make it comprehensive.
Through this article, we shall ascertain the true meaning of research and, after that,
understand the legal research. There exist different types of legal research. We shall also look
at them by having a comparative analysis between them. Furthermore, in the last part of this
article, I will share a few legal websites that can do legal research. Not only this, but the
article will also provide you with some of the best tips to conduct effective legal research. So,
let us get started.
WHAT IS SOCIAL RESEARCH?
Social Research is a method used by social scientists and researchers to learn about people
And societies so that they can design products/services that cater to various needs of the
People. Various aspects of human behaviour need to be addressed to understand their
thoughts And feedback about the social world, which can be done using Social Research.
Social research encompasses many human-related topics, such as interpersonal interactions
,The formation of societies and the development of personalities. Studying such topics ca
help researchers understand why we behave the way we do. Learning about the various types
of social research and the methods involved in such studies can provide insight into why
Social scientists conduct social research and how it’s valuable.
The Advanced Learner’s Dictionary of Current English spells out the meaning of
‘research’ as ‘a careful investigation or inquiry specifically through search for new facts in
Any branch of knowledge’
According to C.A. Moser: “Social research is a systematized investigation to gain new
Knowledge about social phenomenon and problems.”
WHAT IS lAW?
Law is the rules and regulations which are generally found in constitution, acts, judicial
opinions, legislations etc. which is used to regulate and govern and control the behaviour of
the society. It is the mechanism to maintain the social order and thus ensure a safe and
peaceful society in which individuals’ rights are respected.
RELATION BETWEEN LAW AND SOCIAL
SCIENCE
Law and society are identified with one another. Nothing can clarify with no of them. Society
turns into the wilderness without the law. Law likewise should be changed by the
progressions the general public countenances, in light of the fact that without the vital
changes law can’t keep pace with society. Without the control of the law, the general public
turned into the wilderness or possibly primitive. Along these lines, to keep the general public
tranquil, we have to make an amicable connection among law and society.
Scholars have customarily kept up that there are sure wide on the substantive criminal law.
One lot of such limitations concerns the sorts of conduct that may genuinely be denied. Is it
appropriate, for instance, to condemn a specific sort of activity in light of the fact that a great
many people in a single’s general public view it as unethical? The other arrangement of
imperatives which concern what is required so as to build up criminal duty that is risk,
autonomously of the substance of the specific resolution whose infringement is being referred
to. Legitimate framework mirrors all the vitality of life inside in any general public.
IMPORTANCE OF RESEARCH
Research is important both in scientific and non-scientific fields. In our life new problems
Occur every day. Practically, implementable solutions and suggestions are required for
Tackling new problems that arise.
Research provides basis for many government policies. For example, research on the need
sand desires of the people and on the availability of revenues to meet the needs helps a
Government to prepare a budget. Research begins when we want to know something.
Research is concerned with increasing Our understanding. Research provides us with the
information and knowledge needed For problem solving and making decisions.
Social research is an important source of knowledge. It opens new ways of knowledge and
Wisdom. When something unknown brings to a researcher, there is a sort of inner pleasure
And happiness. It gives knowledge to the researcher about the unknown facts. It paves out the
Way of ignorance and gives new direction in a social life.
If someone wants to develop and bring social growth and development in a society, social
Planning will be developed which is the outcome of social research. In this situation achieve
The growth of society on right line is highly necessary. Social growth can possible only when
Problems are solved.
OBJECTIVES OF SOCIAL RESEARCH
▪ The aim of social research, like research in natural sciences, is to discover new facts or
Verify and test old social facts.
▪ It tries to understand human behaviour and its interaction with the environment and
Social institutions. It tries to find out the causal connection between human activities
and Natural laws governing them.
▪ It also aims to develop new scientific tools, concepts and theories, which would
facilitate The reliable and valid study of human behaviour and social life.
▪ social research is an organised and scientific effort to acquire further knowledge about
The problem in question. It helps us to obtain and add to the knowledge of social
Phenomena. This is one of the most important objectives of social research.
▪ Social research is an attempt to acquire knowledge about the social phenomena. Women
And men, being a part of society, social research studies a human being as an individual,
Examines human behaviour and collects data about various aspects of a human’s social
Life and formulates laws in this regard. Once the law is formulated, the scientific study
Tries to establish the interrelationship between these facts. Thus, the scientific study of
Social life is the second objective of social research.
▪ The ultimate objective of a social science study is often and always to enhance the
Welfare of humanity.
▪ Social research aims to clarify facts. The classification of facts plays an important role
in Any scientific research.
NEED OF SOCIO- LEGAL RESEARCH
• Socio-legal research can be useful in formulating new theories
• Socio-legal research gives clue to the decision-making
• Socio-legal research gives a lead and molds public opinion
• Socio-legal research is useful in framing new laws
• Socio-legal research is useful in finding root causes of crimes
and differential behavior among different tribes and races
• Socio-legal research provides the knowledge which widens the
outlook of Legislators, executives and judiciary
• Socio-legal research paves the way for broad based social
reforms
APPLICATION OF LEGAL RESEARCH IN
FIELD OF LAW
[Link] OF CHILD MARRIAGE ACT, 2006:-
Child marriage is not a new phenomenon in Indian society. It has been prevalent in India for
centuries. The most common reasons for child marriage include poverty, lack of education
and insecurity among other reasons. However, child marriage brings along with it various
consequences. These include sociological as well as psychological consequences such as
denial of the right to education, early parenthood, hindrance in the physical and mental
development of both boys and girls etc. Child marriages have been proven to be more
devastating for girls as compared to boys. Girls are expected to adjust to the major changes at
an early stage of life. Girls are often exposed to various crimes such as domestic violence and
marital rape.
N 1929, the Child Marriage Restraint Act was enacted by Britishers in order to eradicate
child marriages in India. The age limit set by the legislation was 14 years for girls and 18
year for boys. The Act consisted of various loopholes. Firstly, the age limit was very low for
Both boys and girls. Children could not be expected to have developed a mature mind as well
as to attain the physical health for marriage. The consequences of the marriage still subsisted.
In addition to this, the punishment under the Act was very trivial. Hence, the legislation was
Amended in 1978 post-independence, in order to increase the age limit. The age limit was
increased to 18 years for girls and 21 years for boys.
The Act still failed to be proven effective in restraining child marriages in India. One of the
Major reasons was the punishment under the Act. In order to bring reforms under the law, the
Prohibition of Child Marriage Act, 2006 was enacted, with increased punishment for the
Offenders. Hence to prevent the harsh consequences of child marriage in India, the Child
Marriage Restraint Act, 1929, was repealed and replaced by the Prohibition of Chil Marriage
Act, 2006.
OBJECTIVE BEHIND ENACTMENT OF THIS ACT:-The objective of the Prohibition
of Child Marriage Act, 2006, as stated above, is to provide For the prohibition of
solemnization of child marriages. The judiciary has analysed the provisions of the Act on
various occasions and has provided various landmark judgements. Some of the most
important judgements have been stated as follows:
• Lajja Devi v. State (2012)
In this case, Mrs. Lajja Devi addressed a letter to the Hon’ble Chief Justice of the
Delhi High Court, informing him about the abduction of her daughter, Ms. Meera,
who was a minor. The High Court treated the letter as a writ petition and commenced
the proceedings of the case. It Was found by the Court that Meera was not abducted,
rather she eluded her parents to marry one Charan Singh. Meera made a statement
under Section 164 of the Criminal Procedure code, 1973 that she eloped with her own
will and married Charan as she was being forced to Marry someone else by her
parents.
The issue before the Delhi High Court was whether the marriage of Charan and
Meera, Provided that Meera was a minor at the time of the marriage, would be void
under the Hindu Marriage Act, 1955. The Court analysed the provisions of the
Prohibition of Child Marriage Act and held that the Act would override the personal
laws, and the child marriage Contracted by a minor girl, shall be voidable. The Court
also held that since the provisions of The Prohibition of Child Marriage Act, 2006,
provide that a child marriage shall be voidable, It cannot be held void in any case.
• Independent Thought v. Union of India (2017)
In the landmark judgement, the Hon’ble Supreme Court analysed the provisions of the
Prohibition of Child Marriage Act, 2006, along with Section 375 of the Indian Penal
Code, 1860, and criticised the inconsistencies of the law. Exception II of Section 375
of the Indian Penal Code states that sexual intercourse between a man and his wife,
wherein the wife is not Below 15 years of age, shall not constitute as rape. On the
other hand, the provisions of the Prohibition of Child Marriage Act, 2006 provide that
the marriages wherein the girl is below 18 years of age shall be voidable and persons
supporting such marriages shall be liable for Criminal offences. These laws, when
read together, create a group of female children Between the age of 15 to 18 years,
whose marriage shall be voidable, yet the husbands shall Not be liable for the heinous
offence of rape.
2. DOWRY PROHIBITION ACT,1961
Dowry is a social evil in the society, that has caused unimaginable tortures and crimes
towards women. The evil has taken lives of women from all stratas of society – be it poor,
middle class or the rich. However it is the poor who succumb and fall prey to it, more due
to their lack of awareness and education.
It is because of the dowry system, that daughters are not valued as much as the sons. In the
society, many a times it has been seen that they are seen as a liability and are often subjected
to subjugation and are given second hand treatment may it be in education or other amenities.
Today the government has come up with many laws and reforms, not only to eradicate the
dowry system, but also to uplift the status of the girl child by bringing in many schemes. The
act was passed in the year 1961, on May 1. The act made the dowry system as a Punishable
offense.
WHY WAS THERE NEED OF DOWRY PROHIBITION ACT,1961:-
Married women being targated for dowry as she is tied economically and socially to he
husband. In some cases, dowry was used as a threat or hostage type situation, in order to
Extract more property from the bride’s family. This can be seen in cases of new brides, who
are most vulnerable in the situation. Dowry crimes can occur with the threat or occurrence of
Violence, so that the bride’s family is left with no choice but to give more dowry to protect
their daughter.
The northern and eastern states of India show higher rates of dowry-related [Link]
was considered a major contributor towards observed violence against women in India. Some
of these offences include physical violence, emotional abuses, and even murder Of brides and
young girls prior to marriage. The predominant types of dowry crimes Relate to cruelty
(which includes torture and harassment), domestic violence (including physical, emotional
and sexual assault), abetment to suicide and dowry death (including, issues of bride burning
and murder).
WHAT IS THIS LAW ABOUT?
• This Act prohibits the practice of giving or taking of dowry by either parties to a
marriage. This law also punishes demanding and advertising dowry.
• It imposes a duty on parties getting married to make a list of gifts and presents.
• If dowry has been exchanged at a wedding anyway, it imposes a duty on the person
who is given dowry to give it to the bride.
• Note that the more serious crimes in relation to dowry such as dowry death and
cruelty from dowry demands are punishable under the general law on crimes – the
Indian Penal Code, 1860.
WHO CAN BE PUNISHED UNDER THIS ACT?
• Any person who gives or takes dowry (minimum punishment of five years);
• Any person who helps someone to give or take dowry;
• Anyone who in any way demands dowry;
• Anyone who advertises and offers to give money or property in return for marrying
his son, daughter or relative;
• Anyone who publishes these advertisements;
• Anyone who does not hand over the dowry to the bride within the specified time.
[Link] Act, 2012{Protection of Child From Sexual
Offence]
Children are an important marginalized group who, frequently get suffer from various types
of exploitation, the most of which is sexual exploitation. As a result, they are marginalized
not only in terms of access to basic human needs but also in terms of freely expressing their
opinions and having them properly accepted on issues that are important to them.
The Protection of Children from Sexual Offenses Act (POCSO), 20121 is the most effective
and balanced tool for combating these crimes for children who are victims of various forms
of sexual abuse. The act serves as a panacea in terms of providing instruments and as well as
a scourge in terms of its flaws and regressive nature.
WHAT IS POCSO ACT, 2012?
The Protection of Children from Sexual Offences (POCSO) Act, 2012 came into force wit
Effect from 14 November, 2012. The POCSO Act, 2012 is a comprehensive law that provide
the protection of children from the offences of sexual assault, sexual harassment and
Pornography. The Act defines a child below 18 years of age. It defines different forms of
Sexual abuse including:
1. Penetrative assault
2. Non- penetrative assault
3. Sexual harassment
4. Pornography
While safeguarding the interests of the child at every stage of the judicial process by
Incorporating child-friendly mechanisms for reporting, recording of evidence, investigation
And speedy trial of offences through designated special courts.
THE PERIOD BEFORE POCSO ACT, 2012
Child sex abuse crimes before the enactment of POCSO Act were dealt under Indian Penal
Code. Child Sexual abuses were prosecuted under Indian Penal Code under following
Sections:-
• IPC(1860) – Sec 375 Rape
• IPC(1860) – Sec 354 Outraging the modesty of women
• IPC (1860) – Sec 377 Unnatural Offences
The I.P.C. was not adequate enough to protect the children and criminalize non conventional
sexual abuses which are different from above mentioned conventional crimes In form of child
trafficking, pornography , sale of children.
There were several loopholes in the IPC which could not effectively protect the child due to
Various loopholes like
• IPC 375 doesn’t protect male victims or anyone from sexual acts of penetration other
Than “traditional” peno-vaginal intercourse
• IPC 354 lacks a statutory definition of “modesty”. It carries a weak penalty and is a
Compoundable offence. Further, it does not protect the “modesty” of a male child.
• In IPC 377, the term “unnatural offences” is not defined. It only applies to victims
Penetrated by their attacker’s sex act, and is not designed to criminalize sexual abuse
of children.
NEED OF POSCO ACT:
Child sexual abuse is on the rise all over the world, particularly in our own country, India,
which is one of the top five countries in the world in terms of the number of sexual offenses
involving children. In many ways, Indian criminal law appears inadequate to deal with such a
sensitive issue.
Thus, POCSO, 2012 was put in place to make it easier for victims of sexual abuse to seek
justice. The Act directs the use of more humane methods of dealing with victims and
prohibits judicial victimization of children. As a result of increased awareness, the number of
such cases reported has more than doubled.
Salient features:
• The Act is gender-neutral, and it prioritizes the child’s best interests and welfare at all
stages to ensure the child’s healthy physical, emotional, intellectual, and social
development.
• The Act defines a child as any person under the age of 18 and considers the child’s
best interests and well-being to be of utmost importance at all stages, in order to
ensure the child’s healthy physical, emotional, intellectual, and human growth.
• It defines various types of sexual abuse, such as penetrative and non-penetrative
assault, as well as sexual harassment and pornography, and considers a sexual assault
to be aggravated in certain circumstances, such as when the abused child is mentally
ill or when the abuse is committed by someone in a position of trust or authority over
the child, such as a family member, etc.
• People dealing in the trafficking of children for sexual purposes are also punishable
under the Act’s abetment provisions. The Act provides for harsh punishment that is
graded according to the gravity of the offense, with a maximum term of rigorous
imprisonment for life and a fine.
• It defines “child pornography” as any visual depiction of sexually explicit conduct
involving a child, including photographs, videos, digital or computer-generated
images that are distinct from actual children, and images that were created, modified,
or modified to appear to portray a child.
AS PER THE STUDY CONDUCTED BY KAILASH SATYARTHI CHILDREN’S
FOUNDATION IN THE MONTH OF MARCH 2021
The number of victims of POCSO in 2019 increased by 18% over 2018. i.e. from 40,810
Victim in 2018 to 48,043 in 2019. The higher number of victims than the total cases
Registered shows that in some cases an FIR entails more than one victim. There has also been
a rise in the number of male child victims of penetrative sexual assault. In 2018, the number
Of male victims increased by 25% (from 183 male child victims in2017 to 229 in 2018). This
Further increased by 17% in 2019. i.e. (from 229 male child victims in 2018 to 268 in 2019).
[Link]-CONCEPTION AND PRE-NATAL DIAGNOSTIC
TECHNIQUES (PROHIBITION OF SEX SELECTION)
ACT, 1994.
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of
The Parliament of India enacted to stop female feticides and arrest the declining sex ratio in
India. The act banned prenatal sex determination. Every genetic counselling centre, genetic
Laboratory or genetic clinic engaged in counselling or conducting pre-natal diagnostic
Techniques, like in vitro fertilisation (IVF) with the potential of sex selectin (Preimplantation
genetic diagnosis) before and after conception comes under preview of the PCPNDT Act and
are banned.
According to the Indian census, the sex ratio in the 0–6 age group in India went from 104.0
Males per 100 females in 1981, to 105.8 in 1991, to 107.8 in 2001, to 109.4 in 2011.
NEED OF - PCPNDR ACT
The Act punishes all the errands, either engaged with sex assurance or non-support of
Records. It is enacted in a way that it ought to be an obstacle for those obtaining the goal of
Gender equality. The sad decrease in the male-female sex proportion has rendered the need to
Adopt strict measures such as the suspension of enrollment with the medical council,
Documenting criminal cases, and fixing of machinery for checking the same.
Historically, India has witnessed many regressive and socially degrading practices such as
Sati, child marriage, dowry and female feticide, to name a few. Many of these have been
Completely or nearly abolished following a systematic and gradual legal and social effort. It
Is interesting to note that it was not very easy to get rid of these practices as their origins stem
from the very fabric of our early social structure where women had a particular role Which
was considered ‘not equal’ to that of men. Female feticide is one of the Manifestations of this
‘social mindset’ which has shown extreme resistance and has survived And crept into this
modern era. Despite numerous interventions by the government and social Organizations, our
country has persistently observed skewed sex ratios over the years.
[Link]
The evil practice of untouchability has been an universal phenomenon Throughout Indian
society. There has been no period in course of her history, Which has not experienced this
evil. Social rules and regulations concerning this Practice also varies from one region to
another which prohibits the formulation of a Comprehensive and logical definition.
DEFINITION OF UNTOUCHABILITY :
It is extremely difficult to define untouchability. In fact, it implies those disabilities Which
were imposed upon the scheduled castes by the superior castes. In Untouchability Offences
Act 1955, the word untouchability was given this Connotation. According to it, it is an
offence to prevent any person on the ground of Untouchability (a) from entering any place of
public worship which is open to other Persons, professing the same religion, (b) from
worshipping or offering prayers or Performing any religious service in any place of public
worship or bathing in or Using the waters of any scared tank, well, spring or water-course in
the same Manner as is permissible to other persons professing the same religion; and © From
access to or use of a shop, hotel, public restaurant or place of public Entertainment or public
conveyance or hospital dispensary or educational Institution or charitable trust.”
FUNDAMENTAL CAUSES OF UNTOUCHABILITY :
In ‘Caste in India’ [Link] writes, “The origin of the position of exterior Castes is partly
racial, partly religious and partly a matter of social custom.” In This way, the three
fundamental causes of untouchability are racial, religious And social factors.
• Racial Factors : The fundamental causes of untouchability are racial factors. The
victor always considers himself superior to the vanquished and wants to Be spared the
latter’s influence . This no less true in the case of races. According to Hutton this
restriction has been imposed upon the Ago people Because they are different from the
other Naga tribes from the racial Viewpoint. In Garhwala the bride and bridegroom
belonging to the artisan And Harijan castes, which had low social status were not
allowed the use of The palanquin or the horse. The cause of this has been explained
by some Sociologists to be the advent of the higher castes from the plains into the
Native homeland of the artisans and Harijans. These examples prove that Racial
distinctions have some hand in the origin of the custom of Untouchability.
• Religious Factors : Religious beliefs and conventions are also causes of
Untouchability. In religion much importance is attributed to purity and divinity. Thus
it was considered essential to abstain from the people who engage in impure
Occupations. In the words of Dr. Ghurye, “Idea of purity, whether occupational or
Ceremonial, is found to have been a factor in the genesis of caste or the very soul of
The idea and practice of untouchability.” It was the sense of purity which led to the
Sweepers and cobblers being designated as untouchables in Hindu society.
• Social Factors- Social customs and conventions shared the burden of Maintaining the
untouchability recognized by the religious and racial Causes. Social convention are so
influential that even the members of the Untouchable castes dare not violate the
customs of untouchability.
EFFORTS TO ERADICATE UNTOUCHABILITY :
The following provisions has been made for the eradication of untouchability In the Directive
Principles of state policy in the Indian Constitution :
Article 17. Abolition of Untouchability. –“Untouchability” is abolished and its practice in
any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall
be an offence punishable in accordance with law.
Article 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections. – State shall promote with special care the educational and
economic interests of the weaker sections of the people, and, in particular, of the Scheduled
Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.
The Protection Of Civil Rights Act, 1955:- protection of Civil Rights Act, 1955 is an Act to
prescribe punishment for the preaching and practice of untouchability for the enforcement of
any disability arising therefrom Article 17 of the Constitution of India specifies that
untouchability is abolished and its practice in any form is forbidden 2a.
[Link]
Prostitution is a commercialized vice that has existed in the world from time immemorial,
though its institution has never been recognized by the society as Such. As the world’s oldest
profession prostitution has undoubtedly existed in some form as long as society has attempted
to regulate and control sex relationship through the institutions of marriage and the family.
Society has not recognized it because it brings in its train not only the personal
disorganization of the persons concerned, but also affects the life organization of the family
and the community at large.
DEFINITION:-
In the words of Mr. Geoffrey, “Prostitution may be defined as the practice of Habitual or
intermittent sexual union, more or less promiscuous, for mercenary Inducement.”
CAUSES OF PROSTITUTION:-
The causes of prostitution fall under two main heads, viz. Biological and Socio-economic.
The first one is a natural phenomenon, while the second one is the Creation of society. The
biological course operates through sex urge in human Beings. It is only by applied efforts that
man can control his sex desires, but it is Not possible to do so in all cases. It is also the reason
that man like the anthropoid Apes can prostitute his sex by introducing sexual stimuli into
introducing sexual Situations, which is not possible in other lower species. From the causes
discussed above the most predominant cause which operates Among males is the sexual urge,
the chief cause which affectrs females is their Economic dependency.
In India, there are currently 2.8 million sex workers, with 35.47 percent of them starting their
careers before the age of 18. In India, minors account for a quarter of all prostitutes. Every
day, about 200 Indian girls and women are forced into prostitution, with 80% of them doing
so against their will.1
LAWS RELATED TO PROSTITUTION:-
1 National Center for Biotechnology Information, U.S. National Library of Medicine, [Link]/.
There is no provision under the law, which makes prostitution per se a criminal offence.
However, seducing any person for the purpose of prostitution or running a brothel is illegal.
Immoral Traffic (Prevention) Act, 1956 (ITPA) defines prostitution as sexual exploitation
or abuse of a female for monetary purposes and a prostitute is a person who gains that
commercial benefit. This act was passed in 1956 and is also referred as SITA. This law
essentially states that prostitutes are allowed to commence their trade-in private but they
cannot carry their business in public. As per the act, the clients can be arrested if found guilty
of engaging in a sexual act in public.
In addition, Article 23(1) of the Constitution prohibits traffic in human beings and beggars
and other similar forms of forced labor. Article 23(2) declares that any contravention of this
provision shall be an offense punishable in accordance with the law.
CONCLUSION
There are various kinds of research, any of which can be employed to conduct research. It is
A systematic understanding of the law to advance it. Research is essential both for the law
and society since they both have an impact on each other. Every method has its value in
Research. Hurdles that come while conducting research can be best avoided by proper
Planning by the researcher
So, we can say that rules had to be change according to the roles of the society. Law also
reflects the society. Such as, in Saudi Arabia law are based on Quran and Sunni. In
Bangladesh property act, marriage act and many other acts based on the Quran and Sunni.
Also when emergency arise, then according to the social condition the law is also changed by
the Government. So, we can say that, the relationship between law and society are
interrelated.
BIBLIOGRAPHY
• What is social research? Types and methods, available at: [Link]
• Social research- Definition, steps & objectives, available at: [Link]
• Relationship-of-law-and-social science .[Link]
• All about Prohibition of Child Marriage Act in India, available at:
[Link]
• Dowry System in India, available at: [Link]
• All about POCSO Act [Link]
and-challenges-in-pocso-act-execution-of-chemical-castration-as-punishment-in-
[Link]
• Analysis of the Pre Conception and Pre Natal Diagnostic Techniques Act,
2003,Available at: [Link]
