Skip to main content

Relation between Law and Human Consciousness

 Generally there is no such strict definition of law. From time to time many jurists and Human consuouwk and human

academicians have tried to give a proper shape to the very vast word “ LAW”.

According to Austin – Law is the command of the sovereign. It is the command of the superior to an inferior and the force is the sanction behind law.

According to Holland – A law is a general rule of external behaviour enforced by a sovereign political authority.

According to the Hindu Civilization Law is Dharma which means to hold, bear , carry , maintain , preserve , keep. Dharma is not confined to Law only it provides a way to live life and the purpose of life.

But in simple words, Law is a definite rule of behaviour which is backed by the sovereign power of the state.

Their are various sources of law like custom, Precedent, Legislation, Statutory Interpretation, Judicial Decisions, Religion and many more. Law is never static and rigid it keeps evolving from time to time as per the requirements and nature of the society.

Now in order to relate Law and Human Consciousness we need to understand what is human consciousness. There are various ways to understand Consciousness. one is in Yogic way and another one is in the sense of Science. In Yogic terms explaining human consciousness in words will be not enough because an individual must experience it by following and practicing the methods prescribed. But for basic understanding the word “ Yoga “ means union and human beings try experience this sense of union in so many ways. The mind has been divided in four parts as per Yogic culture and they are BUDDHI which means The intellect of a human being , next is MANAS which is the gathering of memory , then comes AHANKARA which is the sense of Identity , and finally CHITTA which means the Cosmic Intelligence or the state of pure intelligence. Many spiritual leaders say that once you have access to the CHITTA them people see things in every possible direction where a man with ordinary prudence is unable to see.

But Science and Yogic culture mainly do not agree with every concept hence according to Science Consciousness is mainly focused with the Mind of a Human being. For general understanding Consciousness can be said or refers to individual awareness of thoughts, feelings , memories, sensation and environments. The awareness is subjective and differs from human to human.

Effectiveness of law on society

It is true that imposition of law aims at prevention of crimes and wrongs in the society and to guide the society in a constructive way to ensure an ideal society.

But it cannot be denied that Crimes are increasing as the day passes . Human society is witnessing such crimes that are unimaginable and painful. Not only the people are getting affected but the ecology as well.

Animal abuses, Forest Fire , Air Pollution etc are of every day story these days and it in a growing trend.

Despite of various laws and strict punishments we lack a ideal society. Where certain segment of population live with fear and the other fearless as law does not matter to them.

Where the actual problem lies ?

There can be various reasons for which the effectiveness of law is very low like Geographical factor, Mental illness, Economic factor, Sociological factor, wrong influence, Emotional disturbances and many more. But we always ignore the main reason behind such factor is there is absence of proper human consciousness. Human only focuses in imposition of laws but it is least effective when the basic Consciousness is absent.

How to achieve basic Consciousness.

It is easy to differentiate between Right and wrong but it can be opposite when human mind works in an evil mode or when there lies a tricky and confusing situation . Hence , one cannot determine what is going on in one’s mind and how one react to certain circumstances. It is a Challenge for the society to deal with it.

But it is not impossible. It can be done with various ways. One is Meditation and it has worked for many spiritual seekers it is the oldest where one can increase their intelligence, improve mental health and decrease their tension, stress and it makes human being more compassionate and joyful. Another way is to provide education where people can be aware of the acts and their consequences. Most primarily is Introspection by doing self introspection one can find faults within and can work upon it to improve it.

Thus, law and human consciousness goes together and cannot be separated. If separated from each other then the law will be least effective and the society will keep suffering.



Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree