Abhinandan Granth (English Article)

It is accepted for maintaining the dignity of the individual. Hence legislation that is necessary for this purpose must be accepted even if it appears to be opposed to the so-called public opinion.

The problem of social equality is not peculiar to India. Even in England there has been inequality and changes were introduced with the help of law. The legal position of women in England will serve as an instance. Till the year 1891, wife was re­garded as subordinate to her husband. It was only as a result of the judicial decisions from 1891 to 1952 that woman is regarded as a partner with her husband. A series of Acts of Parliament from 1870 to 1949 conferred on her right to own her property, earn money, make her own contracts and sue and be sued alone. It was only in 1929 that she acquired a right to have an equal voice in matters relating to her children. The history of legislation in the matters of relation of the employers and labourer proves the same thing.

The problem of social equality in India is a problem of social reconstruction. Hence law can and has played a very significant role in this behalf. An analysis of the legislation passed by Union Parlia­ment during the last eleven years points out that law has been very busy in establishing social equal­ity and thus bringing about social reconstruction. These laws can be briefly grouped together as fol­lows : (1) Laws relating to abolition of untouch­ability. Article 17 of the Constitution abolishes untouchability and its enforcement in any form is made a punishable offence. Details regarding the abolition of untouchability are laid down in Un­touchability Offences Act passed in the year 1955. These provisions along with other similar provi­sions have helped to a great extent in eradicating the evil of untouchability and establishing social equal­ity. (2) Laws relating to the status of women. The legal position of women in the systems of personal law has not been satisfactory. The rights of Hindu women to property were limited and restricted. Muslim women did not enjoy the same rights regard­ing dissolution of marriage as the Muslim males. The Hindu Succession Act, the Hindu Marriage Act and the Hindu Adoption and Maintenance Act have raised the status of Hindu women and conferred on them status of equality. This equality could be estab­lished only with the help of legislation. For, in absence of a law, it would have been difficult for a Hindu daughter to get a share in her father's pro­perty and for a Hindu woman to get absolute rights to property. No amount of education or persuasion would have been successful in this behalf. No legis­lation has been passed relating to Muslim women, with the result that in their case social inequality continues as before. In other respects the Constitu­tion has prohibited discrimination on the ground of sex. This has naturally resulted in giving equal status to women in all other walks of life. This is a great step in the direction of establishing social equality. (3) Union Parliament has been very busy in regulating the relations of the employers and the working people, with a view to achieving social equality. Not less than fifteen important statutes have been placed on the statute book during the last ten years.