Law and society

Law is a reflection of the values and aspirations of society. It is a self-regulating and self fulfilling mechanism which society gives itself as a social contract. But writing some statute into a code book and letting the courts to interpret it for the times is not saying much except that it regulates to a certain extent the behaviour of individuals within society. Law becomes living, just and effective only to the extent the individuals within society abide by it while at the same time subjecting it to interpretations and changes so as to make it relevant to the changing times. Or else, the law will cease to be the reflection of the individual and collective values of society.

It follows then that we create law as it reflects the collective will of society. If law reflects who we are, what we cherish and aspire to be, it requires of us to make the needed change in the law as society undergoes transformation over time. It is our individual and collective responsibility to shape the law keeping abreast with the changing times. Law needs to be kept under the prism of critique so that justice is served with equity to every member of society.

"Law and Society: Some Reflections" is such a critique by Prof. Z.M Shahid Siddiqi. It is a collection of his reflections, some of them previously published in Legal News & Views, a monthly of Social Action Trust, Indian Social Institute, New Delhi.

Early on in the present work, Prof. Siddiqi dwells on the contradictions involved in law. He draws the reader's attention to the Indian Slavery Act 1843 which gave the right to choose one's job which he believes is one of the basic rights provided in any democratic society and compares it to a certain legislation of the same period which prevented the workers from leaving their employment and was contrary to the Slavery Act of 1843. Prof. Siddiqi, through a detailed analysis of the history of the economic and social structure and of various laws argues that mere enactment of the laws is not enough to serve justice.In a developing country like India with a large population, little education coupled with ignorance of law are contributory factors for the poor becoming victims of injustice. The marginalized, especially among them, the unorganized labour class with little social and economic leverage often find themselves to be victims of the unjust hierarchical structure of Indian social milieu which serves as unsuitable matrix for the promotion of justice.

In the labour sector, Prof Siddiqi claims, the historically unjust and unequal relationship between the employer and the employee continues to linger on through the various statutes of law as well as in the corridors of courts even today. Irony has it that although Lady Justice, the symbol of impartiality, is blind to whom justice is being served, could at the same time be blind to some of the contradictions in the law. It takes the collective will of the labour class to organize themselves and demand for their rights with equity and justice.

The rights of the workers have been a major concern of Prof. Siddiqi over the past many years which he has forcefully articulated in the pages ahead. Some of his fears have been found true in the new liberalized economic environment which India has embraced in the recent past. The economic liberalization during the last two decades has necessitated a competitive and modernized labour market which has not been pro labour.

A quick fix solution to respond to the new demand of the market could be to adopt the golden handshake or any other means through which those workers found "unfit" may be laid off in the new competitive labour market. But that would be doing great injustice to a large number of people who have invested a substantial time of their life in the old economy. India cannot let the market forces determine the fate of these workers. It is in the best interest of any vibrant and healthy democracy to care for its low-wage earning, unskilled or semi-skilled labour force by making sure that they too are proportional beneficiaries of the prosperity of the nation.