The
society is made up of individuals and one society is distinguished from another
via its culture which is the hallmark of any human civilization. And a
civilisation to thrive, it needs to maintain order which is done though Law.
The Law and Culture are incident to any human society and it can be said that
they are complementary and supplementary to each other. Custom is a source of
law and as per the definition of Tylor, culture includes customs. Most of the
family laws which are presently codified have its origin in the culture of that
particular sect. Again, it can be seen that culture and law are at loggerheads
with each other, then the law supersedes the custom or culture. The
Constitution recognised the importance of culture through the Fundamental
rights, Directive Principles of State Policy as well as Fundamental Duties. Not
only the judiciary has been proactive to discard primitive cultures and customs
to set the stage for a modern society with cosmopolitan and modern culture fit
for a modern world but also conscious to protect monuments with rich cultural
heritage and preserve the diverse culture.
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