NIOS Class 12 Introduction to Law Chapter 5 Normative Functions of Law and Social Control

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NIOS Class 12 Introduction to Law Chapter 5 Normative Functions of Law and Social Control

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Normative Functions of Law and Social Control

Chapter: 5

Module – 2 Function and Techniques of Law

INTEXT QUESTIONS 5.1 

1. Define ‘Norm’. 

Ans: A Norm is a standard or accepted rule of behaviour that people in a society are expected to follow. It guides individuals on what is considered appropriate and acceptable conduct in society.

2. Name two ‘Norms’ which regulates social behaviour. 

Ans: Two examples of ‘Norms’ of social behaviour are: 

(i) Norms related to marriage; and.

(ii) Norms related to inheritance.

INTEXT QUESTIONS 5.2 

Write True/False: 

1. Norms play a crucial role in the maintenance of social order. (True or False) 

Ans: True.

2. Law also creates Norms. (True or False) 

Ans: True.

3. In modern times the role of Law in creating ‘Norms’ is increasing day by day. (True or False)

Ans: True.

INTEXT QUESTIONS 5.3 

1. Name any three Acts which helped in improving the condition of working labourer. 

Ans: The three Acts are: 

(i) The Factory Act, 1948. 

(ii) The Industrial Disputes Act, 1947 and. 

(iii) The Workmen Compensation Act, 1923. 

2. Name any two Acts in the area of Family Law which helped in improving the condition of women in the society

Ans: The two Acts are: 

(i) Hindu Marriage Act, 1955 and. 

(ii) Hindu Succession Act, 1956.

INTEXT QUESTIONS 5.4 

1. Explain the role of Lok Adalats in providing cheaper and speedy justice to the people. 

Ans: In Lok Adalats, the technicalities of procedural law are not insisted upon. The matter or dispute is resolved through consensus instead of adversarial litigation. This helps in reducing the cost of litigation and in less amount of time as compared to regular Courts. In short, the justice delivered is speedy and cheaper.

2. Write the full form of ADR? 

Ans: Alternative Dispute Resolution.

3. Define ‘Conciliation’. 

Ans: ‘Conciliation’ is a less formal form of Arbitration. This process does not require existence of any prior agreement. Any party to a dispute can request the other party to appoint a conciliator. If a party rejects an offer to conciliate, there can be no conciliations.

TERMINAL EXERCISES

1. Examine the significance of various types of ‘Norms’ in regulating the society. 

Ans: ‘Norms’ are the accepted standards of behaviour that guide how members of a society should act in different situations. They are essential for maintaining order, discipline, and harmony within any social group. Norms help individuals understand what is right or wrong, expected or unacceptable, thereby promoting cooperation and peaceful coexistence.

Types and Significance of Norms:

(i) Religious Norms: Derived from moral and spiritual beliefs, these norms guide people to live righteously and promote ethical conduct and compassion in society.

(ii) Moral and Ethical Norms: Based on the ideas of good and bad behaviour, they encourage honesty, respect, and fairness, ensuring moral order in human relations.

(iii) Customary Norms: Customs and traditions evolve from long-standing social practices. They regulate daily life activities such as marriage, festivals, and inheritance, preserving cultural identity.

(iv) Legal Norms: Formal rules enacted by the state to ensure justice and equality. They enforce social discipline through courts and legal systems.

2. Explain the various sources of Law. 

Ans: Sources of law are the origins from which legal rules derive their authority and content. They are broadly classified into material and formal sources.

(i) Material Sources: Material sources provide the substance of law but not its binding authority. 

They are of two types:

• Legal sources: These include instruments used by the state to create laws, such as legislation, judicial precedents, customary law, and conventional law.

• Historical sources: These are factors that have influenced the growth of law, such as ancient customs, moral codes, religious doctrines, and foreign judgments.

(ii) Formal Sources: Formal sources are the authoritative expressions of the will of the state. They give legal validity to rules. The main formal sources include:

Legislation: The most important modern source, divided into supreme legislation (by Parliament) and subordinate legislation (rules under parent Acts).

• Judicial Precedents: Past judicial decisions that serve as binding law for future cases.

• Customs: Long-standing societal practices recognized by courts.

• Conventional Law: Non-legal yet morally binding agreements, such as constitutional conventions.

• Religion and Morality: Ethical and religious principles shaping legal norms.

• Justice, Equity, and Good Conscience: Used by courts when no law applies, ensuring fairness and moral justice.

3. Discuss the role of Law as an instrument of social control, also evaluate the inter-relationship between Law and other Norms. 

Ans: Law is one of the most important instruments of social control. It is a system of rules made and enforced by the State to regulate human behaviour and maintain peace, order, and justice in society. Laws protect the rights of individuals, prevent crimes, resolve disputes, and ensure that everyone is treated equally before the law. Since laws are legally binding, anyone who violates them may face punishment. Thus, law helps maintain social discipline and promotes a safe and orderly society.

The relationship between Law and other Norms (such as customs, traditions, religion, and morality) is very close. Social norms guide people’s behaviour by telling them what is right or wrong. Many laws are based on customs and moral values that have been accepted by society for a long time. Similarly, religious principles and traditions often influence the making of laws. However, unlike customs or moral rules, laws are enforceable by the State and carry legal sanctions for their violation. At the same time, laws may also change or abolish outdated customs that are harmful to society, such as child marriage or untouchability.

Conclusion:

Law and other social norms work together to maintain social order. While norms influence people’s behaviour through social acceptance and moral values, law provides legal authority and punishment to ensure discipline, justice, and the welfare of society.

4. Evaluate the role of Law in social reforms with suitable examples. 

Ans: Law is a primary instrument of organised social change: it prescribes new standards, protects vulnerable groups, creates institutions and enforcement mechanisms, and signals a shift in public values. Yet law alone cannot bring complete transformation — its success depends on implementation, social acceptance, and complementary economic and educational measures.

How law effects reform (mechanisms):

(i) Prohibition and deterrence: Criminalises harmful customs (e.g., dowry-related offences).

(ii) Rights-creation & recognition: Grants legal status and enforceable rights (e.g., reservation for SC/ST/OBC, disability rights).

(iii) Redistribution & structural change: Enables land reforms, ceilings and tenancy protections to reduce economic inequality.

(iv) Institution-building: Creates bodies (village panchayats, labour boards, welfare authorities) that implement policy.

(v) Judicial interpretation & PIL: Courts expand fundamental rights (Article 21 jurisprudence) and enforce socio-economic entitlements.

(vi) Symbolic legitimation: A statute changes public discourse and moral norms over time.

5. What is Alternative Dispute Resolution? Discuss its significance in providing speedy justice. 

Ans: Alternative Dispute Resolution (ADR) (also known as external dispute resolution in some countries, such as Australia) includes dispute resolution processes and techniques that act as means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties’ cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called “compulsory” mediation. The rising popularity of ADR can be explained by the increasing case load of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.

Significance of Alternative Dispute Resolution (ADR) in Providing Speedy Justice:

(i) Quick Disposal of Disputes: ADR ensures faster settlement of cases compared to traditional court proceedings. It helps in reducing the heavy backlog of pending cases in Indian courts.

(ii) Cost-Effective Process: ADR eliminates lengthy legal formalities and high court fees, making dispute resolution affordable and accessible to all sections of society.

(iii) Informal and Flexible Procedures: Unlike the rigid structure of courts, ADR processes are simple and flexible. Parties can freely express their views and participate actively in reaching a solution.

(iv) Confidential and Cooperative Environment: ADR proceedings are held in private, maintaining confidentiality and promoting open discussion between the parties without public pressure.

(v) Preserves Relationships: Through mediation and conciliation, ADR focuses on mutual understanding and compromise, helping to preserve personal, family, or business relationships.

(vi) Legally Recognized Mechanism: ADR is supported by law in India under the Arbitration and Conciliation Act, 1996 and the Legal Services Authorities Act, 1987, which provide legal validity to settlements and awards.

(vii) Promotes Access to Justice: By ensuring quick, fair, and low-cost resolution of disputes, ADR strengthens public confidence in the justice system and supports the goal of “Justice for All.”

6. How Social Norms and Moral Norms influence Legal Norms? 

Ans: Social Norms and Moral Norms are the foundations upon which Legal Norms are built. They guide human behaviour and help maintain discipline, order, and justice within society.

(i) Origin of Legal Norms: Laws often arise from the customs, traditions, and beliefs of society.

When a social practice becomes widely accepted and necessary for maintaining order, it is eventually recognized and enforced by law.

Example: Customs related to marriage, inheritance, or property were later codified into legal rules.

(ii) Moral Basis of Law: Moral norms define what is right or wrong, and many laws are based on these moral values.

Example: Laws against theft, murder, and cheating reflect society’s moral condemnation of such acts.

(iii) Dynamic Relationship: As society changes, its moral and social norms evolve, and the law must adapt accordingly.

Example: Legal reforms such as the abolition of untouchability and child marriage reflect changing moral values.

(iv) Mutual Influence: While moral and social norms shape laws, the law also reinforces these norms by giving them formal recognition and legal force.

7. What are different types of ADR mechanisms for solving disputes. 

Ans: Main Types of ADR Mechanisms:

(i) Arbitration:

• A neutral third party called an arbitrator hears the dispute and gives a binding decision known as an award.

• It is a formal and legally recognized method, often used in commercial disputes.

(ii) Conciliation:

• A conciliator assists the disputing parties to reach a mutual agreement.

• The conciliator plays an advisory role but does not impose a decision.

(iii) Mediation:

• A mediator facilitates dialogue between parties to help them arrive at a voluntary settlement.

• Mediation focuses on preserving relationships and is commonly used in family and business disputes.

(iv) Negotiation:

• A direct discussion between parties without third-party involvement to reach a mutually acceptable solution.

• It is the simplest and most informal form of ADR.

(v) Lok Adalat (People’s Court): Organized under the Legal Services Authorities Act, 1987, Lok Adalats provide quick and inexpensive justice through compromise and settlement.

8. Write short note one: 

(a) Labour Law.

Ans: Labour Law refers to the body of laws that regulate the relationship between employers, employees, and trade unions. Its primary aim is to protect the rights, welfare, and working conditions of labourers while ensuring industrial peace and productivity.

In India, before the First World War, there was hardly any labour legislation. Between 1919 and 1939, a few protective laws were enacted, and more were introduced after the Second World War, though they remained insufficient for changing socio-economic needs.

After Independence, India enacted several important legislations to improve the welfare of workers and maintain industrial harmony. These include:

Industrial Disputes Act, 1947 – for settlement of industrial disputes and promoting peace.

• Minimum Wages Act, 1948 – ensuring fair wages.

• Employees’ State Insurance Act, 1948 – for medical and social security benefits.

• Maternity Benefit Act, 1961 – protecting women employees.

• Apprentices Act, 1961 – promoting skill development.

Labour law today forms a vital part of social and economic legislation, inspired by the State’s responsibility to protect economically weaker sections and promote social justice.

(b) Family law.

Ans: Family Law is another important field where major legislative reforms were required to match social and economic progress. Before independence, the British Government avoided interference in family and religious matters for political reasons, so the law remained outdated.

After independence, social reform movements, changing economic conditions, industrialization, and scientific progress created the need to modernize family law in India. However, reform had to balance progressive ideas with traditional beliefs.

To achieve this, several important legislations were enacted:

(i) Hindu Marriage Act, 1955: Regulating marriage, divorce, and matrimonial reliefs.

(ii) Hindu Succession Act, 1956: Granting equal inheritance rights to women.

(iii) Hindu Adoptions and Maintenance Act, 1956: Securing rights of adoptees and dependents.

(iv) Hindu Minority and Guardianship Act, 1956: Protecting the interests of minors.

(v) Special Marriage Act, 1954: Enabling inter-religious and civil marriages.

(vi) Dowry Prohibition Act, 1961 (amended 1986): Addressing the social evil of dowry.

(vii) Family Courts Act, 1984: Providing special courts for matrimonial disputes.

(c) Customs.

Ans: Customs are long-established social practices that reflect the accepted norms and behaviour of a community. They are one of the earliest and most important sources of social control and have played a vital role in maintaining order and discipline within society.

In ancient times, religion and customs were closely linked, and together they regulated people’s conduct before formal laws existed. Customs guided individuals on what was considered right or wrong, acceptable or unacceptable, within their community.

Customs act as informal norms, helping shape laws and moral standards. Many legal rules, especially in family and personal law, originally evolved from customary practices. For example, marriage, inheritance, and social ceremonies were all governed by customs before being codified into law.

Customs differ from laws because they are not formally enforced by the state but are obeyed due to social pressure and moral acceptance. They change gradually over time as society progresses and new values emerge.

(d) Lok Adalat.

Ans: Lok Adalat literally means “People’s Court.” It is a system of alternative dispute resolution (ADR) in India, designed to provide speedy, inexpensive, and amicable settlement of disputes outside regular courts.

Lok Adalats are organized under the provisions of the Legal Services Authorities Act, 1987. They aim to reduce the burden on courts and ensure justice for all, especially for the poor and disadvantaged sections of society.

These courts are presided over by a sitting or retired judicial officer, along with social workers or advocates as members. They deal mainly with civil, matrimonial, labour, and compoundable criminal cases, where both parties agree to settle.

The decisions of a Lok Adalat are called awards  they are final and binding on both parties and carry the same effect as a decree of a civil court. No appeal lies against such an award.

Lok Adalats promote the values of conciliation, compromise, and social harmony, ensuring that justice reaches the people quickly and without costly legal procedures.