MOHALI: With respect to recent trends in India, Aryans College of Law, Rajpura, Near Chandigarh organised a Seminar on Law as an instrument of social change. Mrs. Jaskiran Kaur, Faculty, Aryans College of Law interacted with LLB & BA- LLB Students.
Kaur while interacting highlighted the importance of society as a means of change in law with special reference to Indian judgements and also discussed the reasons for law being dynamic. There is inter- relationship between law and social order by defining these separately, quoting the definition of law as given by Austin that is ‘Law is command of sovereign backed by sanction’, asserted Kaur.
Further, Kaur explained the concept of law being not static in relation to Indian Constitution with special reference to Art. 21, Right to Life and its widening scope. She mentioned the latest judgement of K.S Puttuswamy v. Union of India in which it was held that Right to Privacy is the fundamental right of every citizen. She further stated that the decriminalisation of Homosexuality has given the new change to the Indian social order. For this Navtez Singh Johar v. Union of India case was discussed which clearly held that constitutional morality shall be considered rather than societal morality.
While discussing the landmark judgement of Keshavananda Bharti v. State of Kerala, Ms. Sanskriti Rana, HOD, Department of Law explained the dynamic nature of Indian Constitution as in this case it was held that any part of the constitution can be amended but the basic structure cannot be changed.
She further stated the the judgement of M.C Mehta v. Union of India in which it was held that right to healthy water and air are necessary for Right to Life with dignity and healthy environment is also fundamental right which clearly demonstrates the widened scope of law with social change. Though law and social order go hand in hand but certain loopholes need to be addressed, She concluded.