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Short answer type question for legal system and society

Short answer type question for legal system and society

Short answer type question Answer for legal system and

society

Short answer type question for legal system and society
Short answer type question for legal system and society

Q 1. Give the meaning and definition of caste?

Ans. In India, the caste system is a special type of SOCial Stratification found mostly both in ancient and modern periods. The English word “Caste is derived from the Spanish word ‘castá’ which means breed, race, a complex of hereditary qualities.

Definitions of Caste: There are a number of definitions of caste which points to its complex and intricate structure. They are :

Green: “Caste is a system of stratification in which mobility, up and down the status ladder, at least ideally may not occur.”

Maclver and Page: “When the status is wholly pre-determined so that men are born to their lot without any hope of changing it, then class takes the extreme form of caste.”

Lundberg: “A caste is nearly a rigid social class into which members are born and from which they can withdraw or escape only with extreme difficulty.”

Madan and Majumdar: “A caste is a closed group.”

Q. 2. Explain the features or characteristics of the caste system?
Ans. (1) Caste is innate and by birth. Every member of Hindu society is not only born into a family but also into a caste. One cannot change one’s caste. A Hindu who is born into a caste lives with it and dies in it.

(2) Caste is rigid and immoral. The caste system is absolutely rigid as for as its outlook is concerned. it is also the basis of social stratification, hence “the mobility up and down the status ladder, at least ideally may not occur.”

(3) Caste is a hierarchical social structure. The Hindu, society has a hierarchical structure, a scheme of the social procedure, according to which Brahmins are at the apex followed by Kshatriyas, Vaishyas, and Sudras.

(4) Each caste is dependent on other castes at the village level. Their dependencies are not only economic but also social, cultural, and religious.

(5) There are restricted laws concerning food and drink. The Hindu society prohibits some castes from eating non-vegetation food.

(6) Each caste has its own culture that is autonomous to some extent. The higher castes wear fine clothes and gold ornaments while the lower castes wear coarse material and silver ornaments.

Q. 3. Explain the Demerits or Disadvantages of Caste System in India?

Ans. The Caste System has given rise to several evils. They are :

(1) The caste system leads to untouchability. it is the hateful expression of caste. Large sections of people are reduced ‘to virtual slavery. The caste system is like a bad coin.

(2) The rigid caste system led to social immobility and Ce. OCcupational mobility. It deprives him of doing a job of his choice irrespective of one’s likes and dislikes, one has, to continue only his traditional heredity occupation. This situation is a hindrance for
economic development.

(3) The Caste system restarted the growth of solidarity and brotherhood in the Hindu society by rigidly separating one class from another and denying any type of social intercourse between them.

(4) The caste system often results in putting a man in the wrong Occupation. The caste has given an aristocracy to birth, not of merit.

(5) The caste system is always an obstacle to national unity.

(6) Caste system is also undemocratic because it does not give equal rights and opportunities to all people irrespective of their caste, creed or color.

Q. 4. Explain the merits or Benefits or functions of the caste system?

Ans. The caste system in Hindu society is more than two millennia old. The caste system is found to offer the following benefits to its members.
(1) The Caste system has provided every individual with a fixed social environment.

(2) Caste system has created the spirit of co-operation and fellow-feeling among members of the same caste. By helping the poor and needy, it has avoided a necessity by the caste supporting the poor.

(3) Caste system defines the economic pursuits of individuals. There is an occupation pertaining to every caste so that the child’s future is not only carved out already but also a proper place of apprenticeship is provided.

(4) The caste system has preserved the racial purity of the higher castes by forbidding indiscriminate inter-caste marriages.

(5) Caste system provides for all functions necessary to social life: “functions from education to scavenging, from the government to domestic service of the most menial kind and it makes this provision under the sanction of religion, the belief in karma.”

6) Caste system has separated social life from political life and has maintained its independence from political influences.

Q. 5. What is the basic difference between Varna and Caste

Ans: Varna and caste though confused to be one are absolutely different from one another.

(1) Varna is assigned according to one’s capabilities of action and mental tendencies, whereas caste is acquired by birth.

(2) Varna system is flexible, while the caste system is rigid.
(3) Varnas are four in number but, castes are many.
(4) In the Varna system, there were no restrictions as regards particular occupations for persons belonging to particular varna. But in the caste system occupations have been fixed for particular castes.
(5) Varna system is of ancient times, while the caste system is of the modern period.
(6) Varna refers to racial differences, but caste indicates birth and descent.

Q. 6. Explain the concept of ‘Varna’?Ans. Concept of Varna: The term Varna’ literally means color. Originally it has been used to refer to the distinction betwéen Aryan (Gaura Varna) and Dasa (Shyam Varna). The word Varna’ is evolved from the Sanskrit root ‘vri’ meaning choice. In this sense, varna means anything chosen by an individual according to his choice. Varna system is as old as the arrival of the Arya Culture.

According to M.N. Srinivas, “The first three värnas are called dwijas or ‘twice born’ as only they are entitled to don the sacred thread at the ceremony of upanayana which is interpreted as second birth; only members of the first three varnas are entitled to the performance of Vedic rituals at which hymns (mantras) from one or other of the Vedas are chanted. Among the twice-born Varnas’ the Brahmins are the most particular about the performance of. these rites.”

“The four varnas'” observed Dr. Radhakrishnan were originally occupational, the division soon became hereditary.

Varna system is not rigid and narrow but a developed social order.

Q.7. What changes took place in the caste system in India after independence?

Ans. There are many changes that took place in the caste system. These changes are :

(1) There is a change in caste-based occupations. Industrialization, urbanization, mechanization has brought radical changes in the traditional caste-based occupation. A number of new occupations have reduced the importance of caste-based occupations. With the development of science and technology, èvery occupation is taken up by any. caste people on commercial lives

(2) There is a radical change in the caste status. Due to several changes in the social, economic, and political institutions, there is social mobility among various caste groups. There is competition. today among different castes for power, prestige, and privileges.

(3) There are changes in ideas of purity and pollution untouchability is prohibited. People belonging to different castes sit side by side in hotels, participate in community dinners and live in the same residential areas. Children belonging to different castes attend the same school People who marry outside their caste are no longer excommunicated.

Q.8. Explain the meaning and definition of casteism from an Indian perspective?

Ans. Casteism in India: Casteism is one of the social problems. India is facing the problem of casteism, Casteism refers to the hatred for one caste by the other or the attempts of the members of one caste to gain advantages for them to the detriment of the interests of the following men of other castes. It is basically a result of the growing clash between various castes for a higher share in the socio-economic privileges and power, but the feelings of deprivation are fanned mainly by a few individuals for their own benefit in the name of the caste as a whole.

Kaka Kelelkar says, “Casteism is an over-riding blind and supreme group loyalty that ignores the healthy social standards of justice, fair play, equality, and universal brotherhood.”

Prasad D.N. says Casteism is loyalty to the caste translated into politics.”

The causes of casteism are the sense of caste prestige, marriage restrictions, illiteracy, increase. in the means of transportation and communication, propaganda, etc. The effects of casteism are the hindrance to nationality, .danger to democracy, moral degradation narrowing down the outlook of people, etc.

Q. 9. Define the Jajmani-System in India? Explain the characteristics of Jajmani System?

Ans. Wiser says, “Jajmani system is an exchange of services and obligations between different castes.” As per Wiser, “Jajmani system in the service relationships reveals that the priest, accountant, goldsmith, vegetable grower, etc. are the jajmani of other castes. Each of these castes has a form of service capacity and services to others. Each, in turn, is master and a servant.”

Characteristics of Jajmani System
(1) The relationship between jajman and praja or kamins.
(2) Jajmani system is a hereditary relationship in the sense that the son inherits the occupation or duty from his father.
(3) The Jajmani system provides protection to the hereditary occupation

(4)In Jajmani system, payment for services rendered is made in grains and other agricultural yields.

Q. 10. Give the meaning and definitions of Class ??
Ans. In developed societies, people classify one another into categories and rank from higher to lower. The process of ranking such categories is called social stratification and the resulting set of ranked categories is called the stratification structure. The categories themselves by analogy with the different layers are called “classes.
Definitions of Social Class

Maclver and Page: “A social class is a portion of community marked off from the rest of social status.”Ogburn and Nimkoff: “A social class is the aggregate of persons having essentially the same social status in a given society.”

Lapiere: “A social class is a culturally defined group that is accorded a particular position or status within the population as a whole.”

Ginsberg: “A class is a group of individuals. who through common descent, the similarity of occupation, wealth, and education have come to have a similar mode of, life, a similar stock of those ideas, feelings and attitudes and forms of behavior and who on any or all of these grounds, meet one another on equal terms as belonging to one group.”

Q. 11. Give the definition of the Tribe and explain the distinctive features of Tribes?

Ans. The tribe is a social gathering of a typical type of people having vast differentiations. the rural and urban people. Tribes in the traditional sense are backward people who live aloof from the rest of the people.

Dr. River: “Tribe is a simple type of Social group, in which a common dialect is used by all tribals, they work together, in war & peace.”

Bogardus: “The tribal group was based on the need for protection on ties of blood relationship, and on the strength of a common religion.

Distinctive Features of Tribes: A tribal life has the following essential characteristics:

(1) A tribe has common habitation and has definite common topography or geographical areas.

(2) Each tribe has a distinct name of its own.

(3) Members of a tribe have a definite sense of unity.

(4) Members of a tribe speak a common dialect.
(5) The members are close and near to each other and have a blood relationship.
(6) Tribal people generally marry outside their tribe and they are endogamous as they marry within their group.
(7) Taboo is used to designate all the restrictions. The aim of taboo is to make an individual adhere to the norms of his society.

Q.12. Give the distinction between Tribe and Caste?
Ans. (1) A Tribe is a local or territorial group but a caste is a social group.

(2) The tribals have their own common diàiect whereas there is no common language with a caste.
(3) A tribe never imposes restrictions on its members regarding the choice of occupation, but a caste usually promotes hereditary occupations.
(4) Tribe becomes caste with the loss of its territorial attachment but castes cannot become tribes.

(5) Tribe is a political association, whereas caste is a social association.

(6) The tribe has a segmentary, equalitarian system and is not mutually interdependent while castes show a system of stratification and organic solidarity.

(7)Tribes grew from the feeling of unity among the people living in a particular area, while caste was devised in order to use the benefits of the division of labor.

(8) Among tribals, a convention of endogamy is not rigidły enforced, while it is rigidly enforced in the case of caste.
(9) In a tribe, the names are adopted after term whereas, in castes, the names of a class are adopted from some saint or mystical Personality.

Q. 13. Explain the basic differences between Caste and Class?
Ans. Caste and Class have the following fundamental differences :
(1) An individual gets his caste from very birth and usually, he is not capable of changing it. But a person does not inherit class but finds his place in the class on the basis of his ability, virtues, and qualifications.

(2) Caste is. a closed system of organization. A person can not change his caste. No -one can’ be admitted into or leave his caste. On the other hand, the class system of organization is an open one because membership is on the basis of acquiring money, power, or both. One will forego one’s class on losing money or power. As such class is not hereditary.

(3) A caste system is an endogamous group which means that the choice of a marriage partner is limited to the caste. The member of a caste should not marry outside the caste without social’ or caste annoyance. However, the people can marry out of their class without earning any social disreputation.

(4) Caste system is derived from varna. Stratification of Society is religious and’ divine. On the other hand, the division of society on the basis of classes is a secular one.

(5) Caste system does hinder democracy, whereas the class system does not hinder democracy.

Q. 14. Explain Westernisation as a process of social change in India?

Ans. M.N. Srinivas is known for his concept of, Westernisation. According to Srinivas, westernization means the British impact on the Indian society and culture as a result of over 150 years of British rule in India and the changes brought out at different levels in technology, institutions, ideology, and values. Westernization refers to changes brought about in Indian society during British rule and which continues even after independence. The characteristics of westernization are :

(1) Westernisation helped the introduction of scientific and technological inventions.

(2) A number of changes took place in the lifestyle, social relations, values, customs, and traditions.

(3) Democratic values, humanitarianism, equalitarianism, and secularization spread all over India.

(4) It established bureaucracy, police, army, educational and legal institutions.

(5) Urbanization, Industrialization, and Sanskritüsation were influenced.
(6) Purity and pollution customs disappeared.

(7) The importance of Women’s education increased.

(8) It facilitated railways, road transport, boat transport and telegraph, radio, printing press, and other communications.

Q. 15. What do you understand by the word ‘Social Change’? Deline the term Social Change?

Ans. Meaning and Definition of Social Change: Change is the process of becoming different in anything observed over some period of time. Change is the law of, nature. Change is the law of life. The Reasons change, the man changes and so the societies change. Social change is the, change in society.

Majumdar: “Social change may be declined as a new fashion or mode cither modifying or replacing the old in the life of a people or in the operation of a society”

Maclver and Page: “Social change is the change which occurs in a social relationship alone.” They further say, “It is seen apparent that social change is a process responsive to many types of change, to changes in the man-made conditions of living, to changes in the attitudes and beliefs of men, and to changes that go beyond human control to be biological and physical nature of things.”

Davis: “By Social Change is meant only such alterations as occur in social organization, that is, the structure and function of society”

Q. 16. What is a division of labour ? Define it?

Ans. Concept and meaning of division of labour: With the development of civilization and as a result of complications in the social setup, man has ceased to remain self-dependent. He has now to depend on others and this situation has resulted in specialization and division of labor. In the beginning by division of labour, only economic division of labour was taken into account but Emile Durkheim was the first to propound the theory that division of labour applies to society as well.

Fredrick E. Lumley has defined it in the following word: “The division of labour may be analyzed under two heads. On one hand, there is a simpler form under which a workman carries through the whole of one of the stages in production. The tailor cobbler, the carpenter apply their several trades. On the other hand a more complex from under which there is a splitting of several operations to the one stage of production.”

Chapman: “Specialization of work is the division of labour.”

Q. 17. What do you understand by the term Modernisation’?

          Or

Give the meaning and definitions of Modernization’?

Ans. Eisenstadt says, “Historically, modernization is the process of change towards those types of social, economic, and political systems that have developed in Western Europe and North America from the seventeenth to the nineteenth century and then have spread to other European countries and from the nineteenth and twentieth centuries to the South American, Asian and African Countries.”

Black uses the term ‘modernization’ to refer to the dynamic form that the old process of innovation has assumed as a result of the explosive proliferation of knowledge in recent times. ‘Rationality’ is the essence of modernization.

Modernization requires the replacement of the traditional culture of the society concerned, by that of the west. In reality, modernization 1s not a substitutive process but an additive process. Modernization is a synthesis of old and new ways and takes different forms in diífcrent societies. Depending upon the culture each of the society’s modernization varies with the needs, the prevailing condition, and the stage of development of the country.

Q. 18. Explain the meaning and definition of urbanization?

Ans. Louis Wirth says, “Urbanisation is a process of extension or accentuation of the mode of life, characteristic of a city.”

According to J.C. Mitchell, “Urbanisation is the process of becoming urban, moving to cities, changing from agriculture to other pursuits common to cities and corresponding changing of behavior patterns. The density of population is considered the index of urbanization. But Urbanisation is not simply a matter of growth of towns but it is a process involving behavioral and organizational changes. Urbanism is a distinctive mode of human group life.”

Louis Wirth says that urbanism is a way of life. A city is characterized by a relatively large, denşe and socially heterogeneous population.

According to Wirth, the features of urbanism are: (1) A complex division of labor with a diversified occupational structure which forms a major basis of the system of social stratification. (2) High territorial and social mobility.
(3) Marked functional dependence of the population.
(4) Reliance on indirect modes of social control.

(5) Normative device.

Q. 19. Explain the similarities and differences between Westernisation and Modernisation?

Ans. The Terms Westernisation’ and ‘modernization’ are used as synonyms because the term modernization has come to be widely used to describe the changes brought about in a non-western country along the lines of the more advanced western countries. Modernization is equated with westernization and implies that modernization requires the replacement, transformation of the traditional culture of the society concerned by that of the west.

Srinivas felt that the term ‘Westernisation’ unlike ‘modernization is ethically neutral. It does not carry the implication that it is good or bad whereas modernization most often carries the application that it is good.

Modernization stands for change brought about in underdeveloped societies on the lives of the more developed societies.

If the developed societies use western models, the process. of change is called due to westernization.
For these reasons modernization is considered to be a more comprehensive term to describe the prócess of social change characterizing the developing societies today, whereas westernization has the narrow meaning of the western model only.
Thus the term modernization carries a wider meaning of social change than the terin westernization.

Q. 20. Give the definition of ‘Sanskritisation’? What are the basic elements of Sanskritisation?Ans. M.N. Srinivas, in his book “Religion and Society among the Coorgs of Southern India”, used the term of Sanskritisation. In his study of the Coorgs in the Karnataka region, he’s found that the lower càstes have adopted the customs and Values of the Brahmins in order to improve their position in the caste hierarchy.

According to M.N. Srinivas, “Sanskritisation is ‘a process by which a low Hindu Caste or tribal or other group changes its customs rituals, ideology and way of life in the direction of a high, frequently, “twice-born” caste.”
There are three basic elements in Sanskritisation. They are :
(1) Imitation: The lower castes imitate the customs, values, and behavior patterns of the upper castes.

(2) Closeness The lower cástes through Sanskritisation come nearer to the upper castes. There is such changes in social relations among various castes.

(3) Social Mobilities Generally, Sanskritisation helps the lower castes to move up in the social ladder. They share the status of the upper castes.

Q. 21. Give the positive Implications or merits of Social Laws?
Ans. (1) Upliftment of Women: Through various Acts, the upliftment of women has been ensured. They have been given rights equal to those of men. They have been given various rights from that of divorce to the share in the property.

The State enacted the Equal Remuneration Act, 1976 to provide equal pay for equal work for both men and women.

(2) Reform in marriage relations: Till now, man used to keep several wives on account of which there used to be fuels and quarrels. This state of affairs caused o to continue due to the impact of Socta legislation

(3) Child Welfare: Due to the abolition of child marriages, many evils have checked. The State directs its policy towards securing that children are given opportunities and facilities to develop in a healthy

manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. For the welfare of children, the Government enacted the child labor (Prohibition and Regulation) Act 1986. The state provided the right to free and compulsory education for. all children until they complete the age of fourteen years.

Q. 22. Give the meaning and definition of Social legislation? What are the Social objects of Laws’?

Ans. Laws may be administrative, political, economic, or social. The laws which deal with the social problems are called ‘Social legislation. Social legislation is that which serves the present social and economic objectives of the nation and deal with current social problems. Social legislation is made keeping in view of the circumstances, the requirements, and social aims of the time. Each country will have a definite type of Social legislation depending upon the circumstances or requirements.

Social Objects of Laws
(1) Social Security: One of the important objects of social legislation is to enshrine the security of the society and to, improve social and economic conditions. Equal rights 82 equal opportunities are to be provided to the people of the society irrespective of their caste, creed, color, sex, etc.

(2) Direction of Change: Social legislation brings about social change and reforms. It solves social problems and propounds ideal social rules and principles.

(3) Basic Values: The aim of Social legislation is to give the desired direction to the changes and to maintain the basic values of Indian Society.

Q. 23. What do you understand by Planned and Unplanned Social Change? Discuss briefly.

Ans. Social change may be classified as planned (or directed) and unplanned (or non-directed) social change.
Unplanned Social Change: Sometimes, social change is caused by social. forces beyond our effective control. For example, when the necessary supporting knowledge is developed, an invention will be made by someone, even if this invention is not troublesome to human existence. Man cannot foresee future social changes. Even though man can, manipulatę certain things in nature, he can not control entire nature Floods, famine, earthquakes are unexpected and they are not of human control Through such natural calamities change takes place automatically without any conscious trial or direction of the man. Such a type of change is called unplanned or non-directed social change.

Planned Change: Social change can be brought about with social planning. Social planning is a conscious interaction process combining investigation, discussion, agreement, and action in order to achieve those conditions, relationships, and values that are regarded as desirable. People .thought that change can be brought about in society by specific plans or human trials or efforts.

Q. 24. What is the direction and rate of Social Change in India?

Ans. Social Change refers to the modification which places in life patterns of people. It does not refer to all the changes going on in society. The changes in art, language, technology, philosophy, traditions, customs, etc, may not be included in the term of Social Change which should be interpreted in a narrow sense to mean alterations in the field of social relationships, social processes, patterns, social interactions, and social organizations.

Social change takes different directions and rates of Social Change. In the case of evolution, progress, and development, the direction of change indicated is a continuous forward movement, whereas, in the case of regression, the direction of change is a backward movement. Evolution is a gradual continuous change in a forward direction, while revolution stands for rapid, radical, and violent change. These two variants of social change illustrate the difference in the rates of Social Change. We find a rapid rate of change in the technological sphere and a slow rate. of change in a family, political and other institutions of traditional beliefs and attitudes and the change in material culture is speedier than non-material culture.

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