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International Journal of
Law
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VOL. 11, ISSUE 3 (2025)
The role of culture in shaping Indian laws
Authors
Ronita Halder, Hrijit Das
Abstract

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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Pages:103-105
How to cite this article:
Ronita Halder, Hrijit Das "The role of culture in shaping Indian laws". International Journal of Law, Vol 11, Issue 3, 2025, Pages 103-105
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