International Journal of Research in Social Sciences

  • Year: 2018
  • Volume: 8
  • Issue: 3

Law and social cohesion: A chronological overview from India perspective

  • Author:
  • Sheshadri Chatterjee
  • Total Page Count: 13
  • DOI:
  • Page Number: 204 to 216

National Law University, Delhi

Abstract

Conception of social cohesion is a long-debated issue. Arrival of clear conception of social cohesion has been frustrated due to existence of multiple definitions sociologically and psychologically. However, society consists of group of people manifesting the thinking of the people as a reflection of the society. To ensure the smooth running of a society with its members tightened with fellow feelings some restrictions (what are not to be done) and allowances (what are to be done) are to be maintained for which legal framework is of dire necessity. Whatever might be the clear meaning of social cohesion, it is ascribed with social bindings and social needs. This has given rise to need of some formulation of legal frameworks for observance of Vidhis and Nishedhas. In Indian perspective, from early days society of Hindus framed Hindu Laws and Muslims when came to rule over India framed Muslim Laws based on Islam and on Societal customs. Thus, Personal Laws came. Even the British rulers had to honor the Personal Laws for maintenance of social cohesion. After independence, the needs of the society gave rise to framing of different laws congenial for the society and subsequent amendments made owing to changed societal demands. This article deals with how, in India, till the present scenario, the ingredients of social cohesion motivated the law-making authorities for framing laws conducive to the societal demands.