THE INDIAN FAMILY FRAME---- RESPONSIBILITY OF LAW
*Dr. K. Uma Devi
**Dr. G. Indira Priya Darsini
Family is a basic and universal unit of human society. It performs functions that are necessary for the continuity, integration and development of social life. In most traditional societies family has been the unit of social, cultural, religious, economic and political activities and organizations. In modern industrial societies, the family performs primarily the functions of reproduction, socialization and provision of emotional satisfaction.
A family is a domestic group of people, or a number of domestic groups, typically affiliated by birth or marriage, or by comparable legal relationships including adoption. There are a number of variations in the basic family structure. Throughout history, families have been central to human society; a key indicator of a society's well-being is the health of its families. For this reason, as stated in Article 16(3) of the Universal Declaration of Human Rights, "The [family is the] natural and fundamental group unit of society and is entitled to protection by society and the State." The family is the basic social unit for the expression of love between man and woman and the creation and raising of children. The family tames the wilder impulses of men to the responsibilities of fatherhood, enables young women to blossom as mothers, and cultivates morality in children. Moral virtues, empathy, and good human relationships are learned in the family. An important indicator of the social value of the family is the capacity for strengthening the link between generations, in other words intergenerational relations. The procreative and educative dimensions of the family constitute an indisputable economic factor which must be recognized as such.
The family is the "basic community of society". The public authorities must therefore protect it, because it comes before the State and any political organization. This essential protection has been the object of law. Law is the key centralizing institution possessed by modern societies. Law is increasingly being called upon as a tool to address the post-conflict situation and facilitate societal changes. It is increasingly assumed that law can and should play a central role in both the resolution of and progression from conflicts. The reasons put forward for this increasing role of law include the (growing) interrelationship between public order and legal order, and the expanding reach of law due to global forces: the human rights dictum is a global norm due indeed to globalization. It is assumed that the goals of the post-conflict society are synonymous with the capacities and reach of the institution of law.
If the family is a communion of persons, its self-fulfillment depends significantly on the correct application of the rights of the individuals of which it is made up and
guarded by law. Some of these rights directly concern the family in its specificity, such as the parents' right to responsible procreation and to the education of their offspring; other rights instead generically concern the family nucleus: among these the right to ownership is uniquely important, especially to so-called "family" property, and the right to work. India with plethora of customs, diversity of faiths, and large numbers of people, the largest democracy in the world, India at the same time encompasses an almost incomprehensibly complicated history, one that to this day has made it impossible to reconcile certain problems in its secular legal system. Most of family law in India is determined by the religion of the parties concerned.  Hindus, Sikhs, Jains and Buddhists come under Hindu law, whereas Muslims and Christians have their own laws. The laws of all communities except the Muslims are codified by an act of parliament. Muslim law is based on the Shariat. There are other sets of laws to deal with criminal and civil cases like the CrPC...
Please join StudyMode to read the full document