A PROJECT ON

‘APPLICATION OF JURISPRUDENCE
IN SOCIAL LIFE’

SUBMITTED TO: - MR ARVIND NATH TRIPATI

FACULTY, JURISPRUDENCE

SUBMITTED BY: - POTHULA KHYATHI ANANYA

ROLL NO. – 18LLB065
SEMESTER- III

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A. P., INDIA.

1
 TABLE OF CONTENTS

Acknowledgement...................................................................................................................3
Abstract ...................................................................................................................................4
Objective..................................................................................................................................4
Research methodology.............................................................................................................4
Introduction ............................................................................................................................5
History ....................................................................................................................................8
Rousco Pound.........................................................................................................................9
Public Interest.........................................................................................................................11
Social interest.........................................................................................................................11
Individual interest..................................................................................................................11
Case laws in which sociological jurisprudence was applied .................................................12
Conclusion .............................................................................................................................21
Bibliography...........................................................................................................................22
Webliography.........................................................................................................................22

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 ACKNOWLEDGEMENT

On the occasion of the submission of the project of Jurisprudence on the topic of ‘Application
of jurisprudence in social life’ I take immense pleasure in thanking our sir Mr. Arvind Nath
Tripathi for endowing me with this opportunity to project my ideas on this wonderful topic. It
is with his guidance and tremendous support that I have succeeded in completing this project.
I thank him for coming up with this idea because as a result of this, I have imbibed intricate
knowledge about the topic.

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 ABSTRACT

Sociological School of Jurisprudence is the school of Jurisprudence which give importance to

the social norms, society, moral values, and the social facts and conditions. This school of
thought was developed by the American Jurist names Roscoe Pound. The basic thought
process of this school of Jurisprudence is to make sure that the need and want of society is
kept in mind by the maker of law while framing the law. It ensures that the law so made is for
the welfare of the people and it is the job of the lawyers, which, Pound addressed as social
engineer, to make sure that the society so engineered is a string one and each and every
member of the society is kept in mind while framing the law.

This essay at first introduces Sociological Jurisprudence and then goes back to its history and
then focuses on Roscoe Pound and his finding and observation when it comes to Sociological
Jurisprudence. It defines the different types of interest that he defined and later this essay
brings Sociological Jurisprudence to India and cites different cases and legislature wherein
the concept of Sociological Jurisprudence has been embraced.

OBJECTIVES

i. To discuss and do an extensive research on the topic ‘Application of jurisprudence in

social life’
ii. To observe how judiciary interprets the jurisprudence and to discuss various cases.

RESEARCH METHODOLOGY

The method of research opted by the researcher for this project is analytical method. For the
present project the data has been collected by the secondary sources.

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INTRODCTION

Glanville Williams in his book

‘Learning the Law’, defined law as:

“Law is the cement of society and also an essential medium of change in the society.”1

The work of cement is to fix the two bricks that are used in the making of a building.
Similarly, if we consider society as a building, it is the law that will be considered as cement
and it will help to make a strong building which means a strong society. Marcus Tullius
Cicero in his book De Legibus gave the maxim “Salus Populi Suprema Lex Esto” which
means that the welfare of the people shall be the supreme law. When these people come
together they form a society and hence the law must aim at strengthening the society and
helping in the welfare of the society.

The law is made for the person and as it is the ‘cement’ it must be made or rather framed by
keeping in mind society and its welfare. Sociological School of Jurisprudence, as the name
suggests, is the school wherein the society was kept in mind before making any rule or
framing any law.

This essay will focus on the Sociological School of Jurisprudence and its evolution. It will
also deal with the application of the concept in the India and how it has helped in changing
the society and laws.

Over the last century, the study of jurisprudence had been filled with various debates on what
is law and its relationship with morality. The former, according to Hart, were met with many
literatures. The latter too were not short of academic contributions. These debates have not
only enriched the study of jurisprudence, they also have an impact on our society as a whole.
As Green rightly puts it, “we need such a theory, not to help decide cases or defend clients,
but to understand ourselves, our culture, and our institutions, and to promote serious moral

1
“A Critical Enumeration of the Definitions of Law by Various Writers and an Evaluation of the Place of Law
in the Society”; Okezi, Uwede-Meshack; School of Law & Security Studies; pg: 4

5
assessment of those institutions, and to promote serious moral assessment of those
institutions, an assessment that must always take into account the conflicting realities of life”.

Central to these debates is the legal positivism theory. Legal positivism “is a whole tradition
of thought, spanning over two centuries, comprised of numerous contributions that often
diverge, sometimes even conflict, on key issues”.

As advanced by Marmor, and will be adopted in this essay, there are three theses which
stand in the heart of the positivists’ theory. The first thesis, in the words of Kelsen, is that law
is an “instrument of social control”. Laws are rules which compel on individuals to perform,
or forbid them from performing, an action. For instance, criminal law prohibits an individual
from injuring another by way of punishment and by the order of specific performance,
contract law will impose on parties to a contract to perform what they have promised to do
under the contract.

Secondly, “law is a social phenomenon, it is a social institution, and therefore, what the law
is, is basically a matter of social facts”. This is in line with the propositions by the early
positivists such as John Austin, who stated that “the existence of law is one thing; its merit or
demerit is another”. Supporters of this thesis are concerned with whether or not the law
exists, viz. whether or not the relevant authorities recognize the law, rather than whether the
law is good or bad. The third thesis is that of separation thesis which, which was put forward
by Professor HLA Hart. The separation thesis distinguishes law and morality.

As advanced by Marmor, and will be adopted in this essay, there are three theses which stand
in the heart of the positivists’ theory. The first thesis, in the words of Kelsen, is that law is an
“instrument of social control”. Laws are rules which compel on individuals to perform, or
forbid them from performing, an action. For instance, criminal law prohibits an individual
from injuring another by way of punishment and by the order of specific performance,
contract law will impose on parties to a contract to perform what they have promised to do
under the contract.

As Hart formulated, “it is in no sense a necessary truth that laws reproduce or satisfy certain
demands of morality, though in fact they have often done so”. Thus, what is morally wrong
can still be legally right. For instance, the Civil Partnership Act 2004 recognized

6
homosexuality as legally right but there are certain sections of the society who believe that it
is morally wrong. Homosexuals, however, will not be punished by the law as their actions are
legally valid and accepted.

There were, and still are, many contentions for and against Hart’s thesis in the last few
decades. One such argument is that Hart’s account of the fundamental aspects of the legal
system is flawed and over-reliant on a specious conception of the relationship between social
and legal rules. The validity of this argument will be examined in this essay. This will be
done by first exploring the legal positivism theory propounded by earlier positivists such as
Jeremy Bentham and John Austin, whom Hart’s idea was based on, followed by discussion of
Hart’s modified version of the theory and responses by prominent figures to Hart’s approach.
The brief discussions in the preceding paragraphs show that Hart has brought in social
elements into his account of the legal system. As will become apparent, the fundamental
aspects of his theory relied upon social rules. In simple terms, if one may say, law is
something that is created by life of groups living within the society. It can also be said that
law is something that governs the social life and require the study of social conditions and
institutions. Many a times it is said that the theory of Pound has been influenced by this
theory and has much in common with the same. Earlier it was Montesquieu, who pointed out
that the law of the society should be determined by its national characteristics. In the United
States of America, the Traditional Jurisprudence was being evolved at the same time as that
of the Sociological School. Furthermore, it is submitted that some of his description of these
rules are flawed. Instead of his theory being flawed, it is thus submitted that his account of
the fundamental aspects of the legal system relies substantially on the social and legal rules
but it is not completely flawed. Rather, for certain ambiguities in the key aspects of his
theory, it does not command as much authority.

As Hart formulated, “it is in no sense a necessary truth that laws reproduce or satisfy certain
demands of morality, though in fact they have often done so”. Thus, what is morally wrong
can still be legally right. For instance, the Civil Partnership Act 2004 recognized
homosexuality as legally right but there are certain sections of the society who believe that it
is morally wrong. Homosexuals, however, will not be punished by the law as their actions are
legally valid and accepted.

7
HISTORY

In the year 1911, Roscoe Pound, an American legal scholar, defined Sociological
Jurisprudence in a law review article wherein he rebelled against the formal jurisprudence
that has been dominating the country since the Civil War.2 But the origin of this school goes
back to Germany and in the year 1860s where Rudolf Von Jhering predicted law as a social
phenomenon. According to him, law was an outcome of the struggle of individuals and
groups to fulfil their purposes.3

The theory of ‘Living Law’ of the Austrian Jurist Eugen Ehrlich was basically influenced by
the work of Otto Von Gierke. As per Ehrlich, living law was the Law which dominated life
itself even though it has not been posited in legal propositions.4 In simple terms, if one may
say, law is something that is created by life of groups living within the society. It can also be
said that law is something that governs the social life and require the study of social
conditions and institutions. Many a times it is said that the theory of Pound has been
influenced by this theory and has much in common with the same. Earlier it was
Montesquieu, who pointed out that the law of the society should be determined by its national
characteristics. In the United States of America, the Traditional Jurisprudence was being
evolved at the same time as that of the Sociological School.

The Traditional School believed that the Laws and Rules have a particular meaning and the
role of judiciary is to prevent the legislatures to cross the boundary so laid down by the laws.
Whereas, the Sociological School had the belief that it are social morals and conditions that
should be given more importance than the ‘boundary’ and the fixation of the boundary must
be in accordance with the mindset and thought process of the society.

The Traditional School believed that the Laws and Rules have a particular meaning and the
role of judiciary is to prevent the legislatures to cross the boundary so laid down by the laws.
Whereas, the Sociological School had the belief that it are social morals and conditions that

2
Sociological Jurisprudence and Social Change: Tracing the role of Supreme Court of India; Tarun Jain; pg 3
3
http://www.britannica.com/EBchecked/topic/332775/philosophy-of-
law/36354/Sociologicaljurisprudence#ref415866 on September 29, 2019 at 6:27 pm
4
“Understanding Jurisprudence”; Wacks, Raymond; 3rd Edition; pg 166.

8
should be given more importance than the ‘boundary’ and the fixation of the boundary must
be in accordance with the mindset and thought process of the society.

If the crime rate of the society is at an increasing rate the boundary should be made a little
shorter and the execution of the law must be done in a strict manner wherein it can be seen
that the scenario of the society is such that no major harm is being inflicted then the
harmonious way can also be applied. It is said that the Sociological Jurisprudence emerged
out of rigid legal positivism and has also opposed historical school’s undue insistence on past
customs which has blocked the growth of the society. It was Sociological Jurisprudence that
linked law with various other disciplines of social science and treated it as a synthesis of all
of the above and it was linked by Roscoe Pound.

ROUSCOU POUND

Nathan Roscoe Pound, also called, Roscoe Pound was conceived on October 27, 1870 in
Nebraska, America. He is perhaps the best benefactor of the Law. He gave his commitment
as Sociological School of Law. He first characterized this term in a law diary article in 1911.
As per Pound, the point of Sociological Law is to empower and constrain law making just as
understanding and use of legitimate guidelines and standards taking in respect the social
actualities.

According to Pound, Sociological Law must guarantee that the creation, translation
furthermore, utilization of law must be finished by taking the social realities in to account.
Pound further says that to accomplish the social point there are sure advances that ought to be
taken.

As a matter of first importance an authentic investigation of the social impacts of lawful

organization must be finished furthermore, them there ought to be a social examination and
furthermore a steady investigation of both, mental and philosophical, ought to be
accomplished for making the laws increasingly viable. According to Pound, so as to
accomplish the reasons for the legitimate request there must be acknowledgment of specific
interests of both open and social; additionally the cutoff points of those interests must be

9
unmistakably characterized and it ought to be ensured that those interests are verified inside
the limits that has been characterized.

Pound additionally said that while deciding the extension and topic of the framework a stock
of intrigue must be readied which ought to be grouped based on their lawful
acknowledgment. At that point the intrigue must be chosen and the breaking points must be
concerned them and after that those cutoff points must be verified by the methods for law.
According to Pound, legal advisors were the specialist of the general public. This could
likewise be connected with the definition given by Glanville Williams wherein he has said
law to be the bond of society and the legal advisors are the specialists who make the structure
and if the system utilized by the designer is immaculate then the structure will be solid and
same is valid for the society.

In the event that the bond for example law is utilized in a right way to fabricate the structure
for example society by the architects for example legal counselors the structure will be solid.
The point of the architects is to utilize the accessible assets sensibly, also, according to Pound
it is the point of legal counselors as the social architects to fulfill the greatest needs with least
squander which implies that there must be a harmony between the contending interest. Pound
additionally said that while deciding the extension and topic of the framework a stock of
intrigue must be readied which ought to be grouped based on their lawful acknowledgment.
At that point the intrigue must be chosen and the breaking points must be concerned them
and after that those cutoff points must be verified by the methods for law. According to
Pound, legal advisors were the specialist of the general public. This could likewise be
connected with the definition given by Glanville Williams wherein he has said law to be the
bond of society and the legal advisors are the specialists who make the structure and if the
system utilized by the designer is immaculate then the structure will be solid and same is
valid for the society.

It could be conceivable that an individual might be to blame yet before giving the individual
any discipline there will be a correlation between the contending interest and the choice must
be made in agreement to the aftereffect of the examination.

According to Pound, there were three sorts of interests, and they are

10
1. Individual Interest
2. public Interest
3. Social Interest

INDIVISUAL INTEREST

While ordering the interests and delineating the farthest point for the equivalent, these are the
intrigue which will be view from the viewpoint of a person. These interests concern
Character, Residential Connection and Enthusiasm of Substance and incorporate opportunity
of will, respect, notoriety, family, and property, opportunity of exchange and affiliation and
business.

PUBLIC INTEREST

According to Pound, the cases declared in title of a politically sorted out society can be
incorporated into Open Intrigue and there can be two kinds of intrigue. One of them being
Interests of the State as a juristic individual and the other being Interests of the State as
guardian of social interests.

SOCIAL INTEREST

These are the cases or requests which are thought regarding public activity and can be
summed up as cases of social gathering. These interests incorporate

a) Social enthusiasm for general Security which further incorporate wellbeing, wellbeing,
harmony and request,

b) Social enthusiasm for the security of social foundation which likewise incorporates
residential, strict, what's more, political and a few different sorts of establishments,

c) Social Enthusiasm for general ethics,

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d) Social enthusiasm for the protection of Social Assets,

e) Social enthusiasm for general advancement,

f) Social Enthusiasm for Public activity.

As for the intrigue, Pound said that these interests can't be set against each other when there
is any contention. In the event that, there is any contention in any intrigue, it very well may
be weighed uniquely against other enthusiasm on a similar plane. Open intrigue can't be
weighed against social and social against open. It must be weighed among the equivalent
plane. Further, Pound likewise ordered various kinds of establishment wherein he separated
between guidelines, principles, originations, doctrines, and benchmarks. Guidelines append
positive outcomes to positive circumstance; Principles are legitimate focuses for lawful
thinking in the event that guidelines are not there for that specific circumstance; Originations
are the premise on which standards or principles winds up material; Doctrines are association
of guidelines, principles, originations; Benchmarks endorses cutoff points of passable lead.
He kicked the bucket on June 30, 1964.

Case laws in which Sociological Jurisprudence was applied :-

In the case of A.K. Gopalan v. The State of Madras. Union Of India: Intervener, 1950 SCR
88.

The plaintiff was detained under the “Preventive Detention Act (Act IV of 1950). The
plaintiff applied under article 32 of the constitution for a writ of hapeas corpus for release
from detention, on the grounds that the act was unconstitutional, and went against article 13,
19, 21, 22. He claimed that his detention was illegal.

The court held that the act, with the exception of section 14, was not in “contravene” of the
articles of constitution, and since the invalidity of section 14 did not affect the validity of the
whole act, the detention was not illegal.

12
“Section 14 of the Preventive Detention Act, 1950, contravenes the provisions of Art. 9.9. (5)
of the Constitution in so far as it prohibits a person detained from disclosing to the Court the
grounds on which a detention order has been made or the representation made by him against
the order of detention, and is to that extent ultra vires and void.”

In the case of Pandit M.S.M. Sharma v. Shri Sri Krishna Sinha and others., 1959 SCR
Supl. (1) 806. December 12, 1958.

‘The plaintiff petitioner is the Editor of the English daily newspaper “Searchlight of Patna.’
The Secretary of the Patna Legislative Assembly called him to address the Committee of
Privileges of the Assembly about why breached the privileges of the Speaker and the
Assembly by publishing in its entirety a speech delivered in the Assembly by a member. The
speaker of the Assembly had asked for portions of the speech to be expunged. The plaintiff
petitioner now contends that the notice given to him by the respondent was in violation of his
fundamental right to freedom of speech and expression under Art. 19(1)(a) and of the
protection of his personal liberty under Art. 21 of the Indian Constitution. He held that an
editor of a newspaper was entitled ‘to all the benefits of the freedom of the Press.’ The
respondents, the legislature, relied on Art. 194(3) Of the Constitution to claim that the
proceedings in the House just as those in the British House of Commons were not usually
meant to be published. Furthermore the respondents held that the plaintiff could not publish
parts of speech that were directed to be expunged and they were not part of an official report.

Holding: Since the Bihar Legislature had made no law governing its powers and privileges
under Entry 39 of List II of the Seventh Schedule to the Constitution, the question at hand
was were the powers, privileges and immunities of the House at the time of the
commencement of the Constitution. The liberty of the Press is implicit in the freedom of
speech and expression guaranteed to a citizen under

Art. 19(1)(a) of the Constitution and that must include the freedom of propagation of ideas
ensured by the freedom of circulation.

13
“The effect in law of the order of the Speaker to expunge a portion of the speech of a
member might be as if that portion had not been spoken and a report of the whole speech
despite the speaker's order might be regarded as a perverted and unfaithful report and Prima
facie constitute a breach of the privilege of the Assembly. Whether there had in fact been a
breach of the privilege of the Assembly was, however, a matter for the Assembly alone to
judge,”

not the legislature. Therefore the court issues a Writ of Prohibition, to restrain the
“respondents from proceeding against the petitioner for the alleged breach of privilege by
publishing in the issue of the ‘ Searchlight’,

dated May 31, 1957, an account of the debate of the House (Legislative Assembly, Bihar) of
May 30, 1957.’

In the case of Vishaka v. State of Rajasthan5, A.I.R. 1997 S.C. 3011

The court provided for guidelines to protect women workers from sexual harassment, where
Articles 14 and 19 of the constitution were found violated and the legislature had failed to
act.

Each such incident results in violation of" the fundamental rights of 'Gender Equality' and the
'Right to Life and Liberty'. It is a clear violation of the rights under Articles 14 15 and 21 of
the Constitution. One of the logical consequences of such an incident is also the violation of
the victim's fundamental right under Article 19(1)(g) 'to practice any profession or to carry
out any occupation, trade or business'. Such violations, therefore, attract the remedy under
Article 32 for the enforcement of these fundamental rights of women. This class action under
Article 32 of the Constitution is for this reason.

A writ of mandamus in such a situation, if it is to be effective, needs to be accompanied by

directions for prevention; as the violation of fundamental rights of this kind is a recurring
phenomenon.

5
A.I.R. 1997 S.C. 3011.

14
The fundamental right to carry on any occupation, trade or profession depends on the
availability of a "safe" working environment. Right to life means life with dignity. The
primary responsibility for ensuring such safety and dignity through suitable legislation, and
the creation of a mechanism for its enforcement, is of the legislature and the executive.
When, however, instances of sexual harassment resulting in violation of fundamental rights
of women workers under Articles 14 19 and 21 are brought before us for redress under
Article 32, an effective redressal requires that some guidelines should be laid down for the
protection of these rights to fill the legislative vacuum.

In the case of Union of India & Anr v Reghubir Singh6

the court observed that the aspect of the social conduct and experiences of the ages has to be
considered while determining and framing the new laws and norms.

The Court in Bandhowa Mukti Morcha vs Union of India7,

held that the Court should abandon the Laissez Faire approach in the judicial process
particularly where it involves a question of enforcement of fundamental rights and forge new
tools, devise new method and adopt new strategies for the purpose of making fundamental
rights meaningful for the large masses of people.

In Sarla Mudgal v Union of India8,

the court embracing the concept of Sociological Jurisprudence said that marriage celebrated
under one personal law cannot be dissolved by application of any other law. This observation
matches up with the concept of Pound wherein he said that in case of conflict between
interests, the interest of same plane will be weighed together.

In State of Madras vs Champakam Dorairajan9 ,

6
(1989) 2 SCC 754.
7
AIR 1984 SC 802.
8
(1995) 3 SCC 635.
9
AIR 1951 SC 226.

15
the Court held that Article 46, being a directive principle cannot override the fundamental
rights.

In N. Adithayan vs Travancore Devaswon Board and Ors10,

the observed that distinction based on cast could not be allowed to permeate in the social
fabric of the society. Thus, the Court reaffirmed its stand that discrimination of any sort,
amounting to untouchability would not be tolerated.

In The Ahmedabad St. Xaviers College Society & Anr. Etc. v. State of Gujarat & Anr. ,
1975 SCR (1) 173.11

The petitioner contended that as religious and Linguistic minorities they had a fundamental
right to establish and administer educational institutions of their choice as also the right to
affiliation. The court held “There, is no fundamental right to affiliation. But recognition or
affiliation is necessary for a meaningful exercise of the right to establish and administer
educational institutions.

In State of Kerala & ANR. V. N.M. Thomas & Ors12,

The classification of employees belonging to Scheduled Castes and Scheduled Tribes for
allowing them an extended period of two years for passing the special tests for promotion is a
just and reasonable classification haring rational nexus to the object of providing equal
opportunity for all citizens in matters relating to employment or appointment to public
offices.

10
AIR 2002 SC 3538.
11
The Ahmedabad St. Xaviers College Society & Anr. Etc. v. State of Gujarat & Anr. , 1975 SCR (1) 173.
12
1976 SCR (1) 906.

16
In Additional Distrcit Magistrate Jabalpur v. S.S. Shukla etc.13

The court held: ‘In view of the Presidential order dated 27 June 1975 no person has any
locus standi to move any writ petition under Article 226 before a High Court for habeas
corpus or any other writ or order or direction to challenge the legality of an, order of
detention on the ground that the order is not under or in compliance with the Act or is illegal
or is vitiated by malafides factual or legal or is based on extraneous consideration.’

This case is a blemish in Indian jurisprudence history, when it suspended the writ of habeas
corpus during the Indian ‘Emergency,’ and failed to regulate government action

In Madhav Hayawandanrao Hoskot v. State of Maharashtra14,

Holding: ‘No person shall be deprived of his life or personal liberty, except according to
procedure established by law. One component of 'fair procedure' is natural justice. Generally
speaking and subject to just exceptions, at least a single right of appeal on facts, where
criminal conviction is fraught with long loss of liberty, is basic to civilized jurisprudence. It is
integral to fair procedure, natural justice and normative universality save in special cases like
the original tribunal being a high bench sitting on a collegiate basis. In short, a first appeal
from the Sessions Court to the High Court, as provided in the Criminal Procedure Code,
manifests this value upheld in Art.’
just exceptions, at least a single right of appeal on facts, where criminal conviction is fraught
with long loss of liberty, is basic to civilized jurisprudence. It is integral to fair procedure,
natural justice and normative universality save in special cases like the original tribunal being
a high bench sitting
Therefore the state has to provide service of a copy of the judgment to the prisoner in time to
file an appeal and provisions for ‘free legal services to a prisoner who is indigent or
otherwise disabled from securing legal assistance where the ends of justice call for such
service.’

13
1976 SCR 172.
14
1979 SCR (1) 192.

17
In Sunil Batra etc. v. Delhi Administration and ors. etc.15,

This case examined the fundamental rights of those imprisoned, especially those who were
awaiting the death sentence. Specifically it addressed the living conditions of prisoners. It
ruled that according to the penal codes, solitary confinement cannot be authorized by a prison
official. It is to be authorized by court mandate only.

In Mohd. Ahmed Khan v. Shah Bano Begum16

The case of Shah Bano is famous because the court determined that a Muslim woman who
was divorced should be paid alimony. The case created a lot of controversy since Muslim
religious leaders did not want the court to interpret religious concepts in the area of family
without religious authority.

In State of Maharastra v. Manubhai Pragji Vashi17

The court held that the state government, in concurrence with the concerned university, the
Bar Council of India, and the State Bar Council and other competent bodies or persons,
should take the necessary steps to ensure high standards to achieve excellence in legal
education.

In Pt. Parmahand Katara v. Union of India & others18

doctor at a government hospital has the duty under article 21 of the constitution to provide
medical care regardless of whether the person is innocent or criminally liable under the penal
codes.

15
1979 SCR (1) 392.
16
A.I.R. 1985 S.C. 945.
17
A.I.R. 1996 S.C. 1.
18
AIR 1989 SC 2039.

18
In Mehta v. State of Tamil Nadu 19(1996) Supp. 9 S.C.R. 726.

The case recognized the need to penalize violators of the child labor prohibition and
regulation act of 1986, and fine violators payable towards the rehabilitation of child victim.
The court also implored the national and state governments to work together to prevent child
labor.

In Unni Krishnan v. State of A.P .20

Right to free and compulsory education for children and the protection of children from
exploitation.

In S.P. Gupta v. Union of India (1982)21, 69 A.I.R. 149

Holding: “Where a society has chosen to accept democracy as its creedal faith, it is
elementary that its citizens ought to know what their government is doing. . . . No democratic
government can survive without accountability and the basic postulate of accountability is
that the people should have information about the functioning of the government. It is only if
people know how government is functioning that they can fulfill the role that democracy
assigns to them and make democracy an effective participatory democracy.” Recognizes that
full right to information is part of right to freedom of speech.

In Bal Patil v. Union of India, (2005) 6 S.C.C. 690

The court ruled that followers of the Jain religion would not be considered a religious
minority, since the court merely sees the religion as a “reformist movement amongst
Hindus.”

19
(1996) Supp. 9 S.C.R. 726.
20
IR 1997 SC 449.
21
69 A.I.R. 149.

19
In Olga Tellis v. Bombay Municipal Corp., AIR 1986 Supreme Ct. 18.

Protection of slum dwellers and pavement dwellers from eviction unless suitable
accommodation is provided.

Krishna Singh v. Mathura Ahir, A.I.R. 1980 S.C. 707

In interpreting Hindu laws the court was to not use its own modern interpretation of norms,
but the interpretation derived from authoritative Hindu sources.

People's Union for Civil Liberties v. Union of India & Ors. (S.C. 2001)Writ Petition
(Civil) No. 196/2001.

Held that governments have an obligation to ensure that people who cannot feed themselves
adequately are not malnourished or exposed to starvation.

Kesavananda Bharati v. State of Kerala, (1973) 4 SSC 225.

Right to life implies right to a basic “healthy life” as provided under the constitution.

Hussainara Khatoon & Ors v. Home Secretary, State of Bihar, Govt. of Bihar, Patna, 1979
SCR (3) 169.

The case dealt with the unlawful detention of prisoners including men, women and children
in jails for several years without any due process or trial. The court reaffirmed that holding
people behind bars without trial for long period of time did not conform to the “reasonable,
just or fair” requirement of article 21 of the constitution. The court discussed the fundamental
right to speedy trial and the right to representation, specifically the right to free legal
representation to the poor.

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 CONCLUSION

Society has remarkably embraced the concept and principles of Sociological Jurisprudence
and that can be seen by the judgment that is being delivered by the apex Court. Also,
different Statutes has taken into account the theory in a way or other and it can be easily said
that the Sociological Jurisprudence has been widely accepted on the legal frontier of the
country.

In India, Sociological Jurisprudence has been adopted in the Indian Constitution. Part III of
The Constitution of India solely deals with the Fundamental Rights of the citizen and people
of this country wherein the citizens and the people are provided with certain rights. These
rights are provided by recognizing the public and private interest of the individual. Further
the rights that are provided in this chapter have certain limits and hence these rights will not
be accessible under certain situation and certain circumstances. Further, satisfying the third
condition of Pound these rights has been secured as the Constitution of India says that any
law that is in conflict of the Fundamental Rights will be held ultra-vires.5 Further, there are
several cases wherein the concept of Sociological Jurisprudence has been mentioned and has
been taken into consideration while delivering the judgment.

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BIBLIOGRAPHY

• Sociological Jurisprudence: Juristic Thought and Social Inquiry, Roger Cotterrell

• Socio-legal Studies
• Law As a Social Institution, Hamish Ross

WEBLIOGRAPHY

• www.westlaw.com
• www.manupatra.in
• www.heinonline.org
• www.legalserviceindia.in
• www.ipleaders.in
• www.scconline.com

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