The source of livelihood depends on the rituals, customs, faith, and sanity over the mythology within ancient and contemporary society. The fostering of basins which shift from native tributaries towards the extensive integration within the humankind, these beliefs of the ethics are portrayed into the cynical side of the context known as disabilities – which consist of self-harm, jealousy, and destruction of the economy. 

The main agenda is to elaborate on the awakening practices which are diluting the belief system, writing on this issue will help to literate communities to examine flamboyant behaviour. Customs and Law are two different branches of the same tree but every practice should be performed with due consideration.

Introduction

When there was creation of the world, at that particular point there were no specific rules and regulations, within that tenure, there were only beliefs of the people and their upholding culture towards the welfare of the society. Bunch of people were making their own set of canons irrespective of people’s opinion, the only perspective is, if it is elevating any part of the community, then it will sturdily enhance the economy as well as society, and remaining people were engaged in sorting all the defined ways in which an individual can survive.

During the transition period in evolution, many changes took place in society, most of the people respected the changes and few people continued to believe the archaic set of traditions. Moreover, this defines the level of changes which were made, sometimes it leads to conflicts between the group of people and even destruction of humankind which ultimately results in separation or dejection.1Devdutt Pattanaik, Myth=Mithya: A handbook of Hindu Mythology (1st edn, Decoding Hindu Mythology 2014)

As it might be clear to the normal public that the nature and the unique characteristics of the society’s guidelines which have been raised according to the needs and requirements of the people have drastically changed, and were never in the constant but dynamic state. Changes in society brought many positive impacts on civilization but it also has put many people in danger and acted as a curse to individual life. A conceptual and hypothetical presumption of Indian mythology is that the tradition is the backbone of the social aspect as well as human life.

The scattering of the segments which is termed as the identification of the enveloped as well as circumscribed by the variety of ideas was prescribed for the rules and regulations led down by the society. In mythology the law was incurred but it shifts according to the necessities. These are traces which are affecting the modern era and have the major facets of the various types of thoughts and behaviours.

Customs and Law

For instance – every customs and traditional practices have a proper procedure or defined process for the purpose of performance with all the rituals but nowadays many people do not have efficient knowledge regarding the beliefs. In the ancient era, the people use to think about the superstitious that if the practice has not been considered properly then the divine energy can curse them for a lifetime even the future generation but on the other hand modern tenure is more about the application ad well as practical part so, many time it leads to conflict between the heritages.

Whenever there is a change in any type of criteria – it is hard to adapt, on contrary, these changes can be healthy or unhealthy which bring a curse to people’s lives whenever it has been not implemented in a proper sense rather than improving the lifestyle. In Ancient Indian Mythology, many such incidents made a remarkable history for the deterioration as well as to intensify the culture and economy.

Examples which can be started from different religion like in – Hindu, Jainism, and Sikhism – one of the most vulnerable traditions which are followed is the symbol of greeting (consisting of Joint family), showing up of all religious gratitude and epics way of curtesy but bifurcating among the norms from the past decades and present scenario people usually prefer to live within the nuclear family by their own comfort level and minimal amount mythological practices.

Within the ambit of Quranic law, Muslim people follow all the guidelines which have been elaborated in Quran by Prophet Muhammed but in today’s scenario, the category among Muslims i.e. Shia and Sunni have relaxed few rules towards the criteria of marriage, ethical mandatory wear i.e. Burkha, and renowned seldom of culture. Buddhist and Dalit are the two most segregated clans.

But after the rigidity which uplifted by Dr B.R. Ambedkar enclosed many ways to avoid the disparities 2[Article 15 and 17 of Constitution] by framing the Indian Constitution which serves as the strict set of rules for the application part among the people though the framework sometimes infringes and violated by the people itself for conducting the heinous crime.

There were many situations in the past which inscribed that the culture which normal public has adapted to is irreplaceable and, was accepted by the communities at large but not by an individual mindset, as the person who tries to make any decision which was ultimately bad for the society either he was forced not to utter a word or threaten in an immense manner because of this the economy was divided among two different types of the economy.

The people living in the society follow both collective and individualistic forms of economy, as the orientation was done by the people living in the society and some safeguarded obligation was defined under the jurisprudence of law. While being seen upon the development of society as a whole it was subjugated that the defined merits should be designed for the welfare of human beings and confined about the quality of the person. Indian mythology and theology of the culture have a rich source of extensive millennia such as myths, divine energies/forces, legends, and devas.

Ancient tapestry has a common principle of morals, expected faith, an unbroken tradition since the text which is followed by the people are sometimes vague but due to heavy levels of belief, the overlapping of personification of forces and legal prosecution always happens.  

Laws, Customs and Practices performed in India

Customs and Law

Many people took part in many practices which have been termed as important part of the customs which gave them as their religious symbol like – Fasting etc, but with this particular involvement towards the activities it can cause a major loss of life- considering this as – the biggest example which was performed earlier and has been abolished by the law i.e. Sati Pratha, which stated that – there was a custom that whenever husband dies, in that particular tenure or sometime with the husband, the wife was forced to be burnt alive irrespective of age and mental capacity.

This practice was widely followed by the people as they considered this execution of policy led to the purification of the soul and body, but it was not a proper application of the tradition. There are many circumstances by the people which states that – the traditions, and rules are automatically implemented by God, but for the verification of the actual truth the population of the country has been divided among different sections in which some of them believe in God and half of them don’t, the Hindu and Indian Mythology which is being widely accepted in the present era also have their traces of ethnicity.

If there is elaboration regarding the law which are decriminalize are yet not accepted by the people, LGBTQ, transgender and many more communities have been denied from the basic rights which are compulsorily given to them under the Constitution [Article 13-35]. FGM among Muslims has been considered as the “sin” or unwanted extra skin by cutting the small part of the vagina and in Bohra community.

It has mentioned that the practice brings an immense level of pleasure which ultimately make a person to suffer from psychological trauma and give women the strength to bear any type of pain which in the current scenario is totally vague and against the law as to touch anyone is against the will of the person which is further defined under 350 of IPC.

There were many myths, beliefs, customs, traditions, and rules which are surrounded by retellings that have their own set of history. As the law and order guarantee the protection of the people living in the society, but not the energy or forces which are intangible. Many jurists, as well as scholars, phrased that customs and law are interrelated but cannot be used as an alternative option, the activities which are been performed have their own legacy – the protection of the law is only given to the person who has treated the person in an impartial way and only he/she can practice the law.

Customs and Law

This particular subject matter is controversial as society has always produced the data and emerged on the positive side but the normal public never examine the negative impact of the positive doings. Here the main agenda lies between the succeeding part of the belief irrespective of the outcome and whether this particular practice will harm any individual interest or not. 3Devdutt Pattanaik, Shikhandi and other tales they don’t tell you (1st edn, gender and sexuality identity 2014)As if there is a swift period from Ancient to Contemporary then there are many such changes which led to sometimes dishonour of the situations related to mythology. 4Indra Sawhney v. Union of India [AIR 1993 SC 477, 1992 Supp 2 SCR 454]

The trend of the modern world is to adapt the things which are not so futuristic and many times it leads to the demolition of the person headpiece, regarding this, many practices have been defined and practice to maintain the inner peace at a very young age which sometimes led to an imbalance of the society as well as the economy – by restraining the power of celibacy i.e. following the Brahmacharya.

This particular practice is been widely accepted among the youth as well as old-aged people, as the main objective of following this defined procedures is how to build-up peace inside the person. As per the suggestion by author – disadvantage that there was no connection with the outer world but nowadays this is been extended in the fascinating steps of getting free from their regular and normal working life. Here the researcher is not mentioning that performing Brahmacharya is a wrong practice but the basic suggestion that should be laid down within the fundamental rules.

Which should be followed by the people is looking towards the age limit as well as the mental capacity of the person. Another practice of the custom which is contrary to the above example has many defined roots and has been accepted in a variety of places – praying to God and perform rituals for giving birth to the baby boy for the continuous growth of their own generation and continuous expansion of legacy. The disparities among gender and sex also led to conflict between the group in the community and have been practised by the backwards section of the society and in many religions.

In our Indian Mythology or the people living in the society have a strong belief and blind faith in “Superstitious” and these particular set of things can be considered as the massive destruction as well as a curse to the humankind and civilization. Within the tenure of historical and all the ancient practice in which one of the main initiatives which were taken up by the people was – “to offer” (svaha) offering to “burning of fire within the altar” (agni) during a ritual towards the god.

Whenever an individual wanted to sacrifice or leave something irrespective of nature i.e. tangible and intangible assets, money, time, and energies for instance then it is considered as that thought compulsorily burnt and the specific people should be set free. The biggest barrier which is faced by the normal public is how these particular practices turn into violent acts and to what extent that can ultimately imprecate action towards society and people?

Acknowledging with this question the demand of following practices as well activities raise immensely, few people have blind faith in the procedure but when they get the impact of the result, they are unable to come out of that, this particular fluctuating behaviour of an individual led to instability between the groups. As mentioned under the Indian Constitutions there are many rights and different types of legal provision which are enacted for the benefits as well as the welfare of the society like Article – 14, 19(a) and 21.

These legal provisions are elaborate as there should be equal treatment and never be segregated from any place whether working or non-working. Moreover, every citizen should be having at least holding up equality, believing in each other and declining unwanted practices. 5Tilkayat Shri Govindlalji v. State of Rajasthan and Ors. [1963 AIR 1638, 1964 SCR (1) 561]

Indian Mythology with relation to Modern Era

Customs and Law

The variation start when there is acceptance as well as a decline (rejection) for some specific subject matter, and the various set of people who are following, demand to follow the practices within the society and also enforce the opposing public to get indulge in the exercise tradition, however as an outcome subsequently led to cold or the violent war between the interest and application of the personal mindset.

In the ancient era there was no such importance of law and order with reference for the protection of people but in modern scenario the most powerful institutions i.e. government and economy which uphold the safety and act as a defence are the courts, which ensure security as well as safeguard the rights if there is any sort of infringement of an individual.

[Article 16A(9) of Maintenance of Internal Security Act (26 of 1971)] Accordingly, the remedies and enforced law [Article 21, 32, 136 and 226 of Indian Constitution] can be imposed in this scenario but it cannot be given in a wider sense because it is been considered as a pin-pointing situation and opposing of the defined customs, as the analysis and observation which took place all over the society never look upon the negative side of the belief, moreover, the law was inefficacious as the major quarrel was among the customs which are been practised and the people.

Lastly, in this contemporary era, people more have credence on the practical outcome and usually knock the door of the court whenever there is any sort of unfair and impartial acts, but this particular situation can be considered as a withdrawal side of the economy which sometimes led to the abolition of the law.

Everything in this universe has its form, nature, characteristics, and specification but it is never specified that everything will be either fully positive or negative, the consequences of the scenario fully depend on the way of method as well as happenings if resources or facilities which is been specified within the limit enough have some limitations it has been overused or misuse then it will never have a positive impact.

Conclusion

Customs and Law

Voice for change is distinctly the rooted penetrated which emphasis on the summoned characters among the society, India is well-versed with the following up of all the defined customs and practices. Various types of obvious statement which were made by many jurist, scholars or thinkers which have bifurcated among the two representation in which one state that morality in the myths and all the subject matter related to theology for decades which signifies that it has still under progress with reference to the long way for the fair treatment, uplifting the status, and equal participation among women and another belief elaborates as the development has made by all the divine power.

Retelling of all type of human activity has been acknowledged as the traditional as well as mythological treasure, which were connected to the modern technologies that was invented by the human with the help of all the possible scientific technology such as – Surrogacy (Birth of Balarama), Cloning of Human (Kauravas), Transplantation related to Xeno genies (Lord Ganesha’s head), Cell regeneration (for the birth of various Devas), Genetic Engineering (Veerbhadra birth), and Brain surgery.

All the mythologies are not related to the lifestyle and sources of living, but people should be living with the certain guidelines that are enclosed for the functioning of society. For getting justice and equal fair chances people should proceed towards the court as the processing of Indian judiciary system which is efficient as the limitations of rules and guidelines but the impartial, lack of proper implementation and diminished level of biased behaviour should be pleaded in front of the supreme with guidance of experienced personality.

Traditions and legal justification should not be mixed up and to avoid the further chaos between the society and people there are many statutory authorities set up for upholding or solving the justiciable matter.

Contributor
Comments to: Customs and Law – Dissension towards Indian Enlightenment

Your email address will not be published. Required fields are marked *

Attach images - Only PNG, JPG, JPEG and GIF are supported.

Login

Welcome to Law Primis

We are glad that you are joining our community
Join Law Primis

Subscribe to our newsletter!

Join our mailing to receive the latest articles from our writers.