Have you ever unintentionally broken the law?
The evolution of humans from early cave dwellers to organized societies resulted in organized communities. This development led to the establishment of rules and laws that show the complexities of human interactions. Human evolution and Law are deeply intertwined, and their relationship is clear through the systems that emerged over time. Initially, humans lived in isolation. They developed collective hunting and sharing. This led to the concept of territory. The necessity for prohibitions arose as agriculture emerged around 10,000 BCE. The advancement of societal structures resulted in a marketplace of conflicting emotions and behaviors, underscoring the need for defined ethics. The modern legal system emerged to regulate behavior for societal welfare. It adapts to changes and needs. Notably, the Bhartiya Nyaya Samhita 2024 was recently introduced. This law streamlined and updated laws to tackle contemporary issues like cybercrime.
Table of contents
Key Takeaways
- Human evolution led to organized societies, establishing laws to regulate interactions.
- The shift from isolation to communal living brought about the need for rules and ethics.
- Agriculture and domestication of animals marked significant changes in human life and societal organization.
- The Bhartiya Nyaya Samhita 2024 updates outdated laws and addresses modern issues like cybercrime.
- Law and order need collective responsibility from citizens to protect societal welfare.
Special creation
Humans are a special creation of Nature. It took a long, very long time to evolve the race. Years of experimentation, trial and error ultimately gave rise to a humanoid. They evolved into Neanderthals and finally to Homo sapiens. The modern man has an increased cranium and a highly developed and complex brain.
(1) Evolutionary journey
The human race took still more time to learn an organised way of living. Initially, a winnower they became a hunter-gatherer. They would save themselves from harsh weather by sheltering in caves. Soon they started living in caves and became cave dwellers. The settled life started when human groups began to live in caves. The ancient people lived in isolation, without having a family bond like most advanced primates do. There was nothing like dos and don’ts in their lives.
(2) Settled life
With the advent of settled life, humans started becoming organised. They would hunt collectively and have a community meal. Each one of the group probably had a share according to their need. As they progressed, they tried to demarcate their territory as other higher mammalian groups do. Sometimes, it led to commotion or a fight. There was nothing like private possession or belongings. At most, they shared their shelter and the game they hunt. Thus, human evolution and law moved further.
(3) Natural fury
Fear of Natural fury has evolved from the accidental occurrence of a forest inferno. This inferno caused widespread destruction. The power of Nature sprouted fear against the gargantuan natural forces which surpassed human limitations. The fear led to worship of Nature and became a bedrock of human evolution and law. It paved the way for laws that regulated human lives.
(4) Agriculture and domestication
With the advent of agriculture in approximately 10,000 BCE (12000 years back), human life changed significantly. It marked a paradigm shift from the old ways of life. Agriculture caused them to settle down and toil in fields to grow grains. The domestication of farm animals started. Domesticated farm animals helped humans in their fields, fetch water, travel and lug loads et cetera. They provided extra food sources like milk, eggs and meat.
Trespassing
The human labour, toil and sweat created assets for them. As the fruits of labour started sweetening, feelings of mine and thine started becoming dominant. It overpowered the community feeling. This led to the importance of their protection, trespassing becoming intolerable. Highlighting the need for prohibition and prevention. It established some dos and don’ts that led to human evolution and law. Supported by the fear of Nature, it must have been an ethical practice. They would vouch for the natural forces and wished favour for themselves and disfavour for their foes. The latter became a curse in due course of time.
(1) Might is right?
The advancement in brain power led to many things for and against the human race. With the power of logic, reasoning, and wit, humans started their hegemony over other creatures and even among themselves. “Might is right” started prevailing. It must have caused inconvenience to the majority of people. Rules were necessary to regulate human life and society.
(2) Wrongdoing
Wrongdoing is not always intentional, but if left unchecked can become fatal. It is a human tendency. Negative emotions are intrinsic to human beings who hold tremendous mental power. Theft, lying, deceit, treachery, and backbiting are but a few of the negative traits. Some of them are harmful, while some are harmless. Except for causing mental disturbance, harmless things do not affect much.
(3) Ancient society
Negative traits were frequent in antediluvian society too. The concept of demigods and demons buttress it. Identifying black sheep and personifying them as Satan or demons is common across all faiths. It serves as a method to instruct humans. They learn to avoid actions that cause pain. This includes harm to others, animals, and plants.
(4) Puppet show
Many or almost all of our aged friends must have watched films, puppet shows, or drama. These media often depicted right or wrong in an entertaining manner. They also show the end result of wrongdoing.
(5) Negativity
If one heard during childhood that telling a lie was a sin, it indicates that the lie prevailed. It goes on to prove that negativity and wrongdoing were always there. They were, though, never considered good. Linking it with religious characters, children need to be taught about the negative fallouts of wrongdoing. With human evolution and increasing complexities, laws came into existence. This led to the importance of rules and regulations. In a codified form, they became law, having statutory powers and the people’s mandate.
Wrong and right
Having said that, it is important to know what is wrong or what is not. It is subjective and changes according to circumstances or region. Nevertheless, it is the trespassing in personal space that is broadly termed as wrong. It becomes a crime when it surpasses a limit. A child, for example, enters a premises to fetch a falling kite. Though the child has trespassed, but not with malicious intention. The child had an innocent aim. Theft, for example, is a crime. It is done with malicious intention. Here, the difference is clear. The trespassing with mala fide intention or bona fide intention makes a difference.
(1) Yudhisthir and Yaksha
In Van Parva of the Mahabharata, Yudhisthir answers questions from Yaksha. He says that Dharma (righteousness) changes its meaning according to region and time. Right becomes wrong and vice versa. For example, keeping to the left while driving is legal in India and some other countries. Contrarily, it is against the law in some countries like the USA. It shows the versatility of law. Law is a codified set of rules. It is made to regularise society and the people. What is wrong for a majority of people is unlawful and treated suitably.
(2) Chain pulling
Chain pulling to stop a running train is a provision for emergency purposes. Its use is regulated by law. Unmindful chain pulling attracts legal action against the delinquent. The bona fide use of chain pulling serves its purpose. Nevertheless, intentional actions with vicious intentions are not only wrong but also criminal.
(3) Rule of law
Society is governed according to rules and laws. It is necessary for the smooth running of society. Laws are sacrosanct. The reason is obvious. People owe their existence to society. It helps everyone to lead a peaceful and amicable life. The rules and laws are equal to all. In a monarchy, the words of a monarch were law. It was this that made them cautious while delivering their verdict. They feared God and did not want to be punished after they were gone.
Law and modern society
In modern society, humans are equal, and laws are not the mere utterance of a whimsical monarch. Laws are made by the people’s mandate according to a set procedure, involving everyone. It must not be a plaything of the resourceful or wealthy. To protect people from unlawful activities and safeguard their rights, the effective implementation of the law is necessary. Law enforcement is a big task. Designated agencies are at work to enforce the law and carefully watch that it is effectively followed.
(1) Archaic laws
There are a plethora of laws. Most of them are obsolete. Thankfully, the current government has done away with many redundant, archaic laws that cause undue harassment to people. A welfare state is duty-bound to look after the welfare of people. Relevant laws are necessary, and with time, they need to be revised according to the prevailing situation. Cybercrime is a nuisance which needs to be handled sternly. It infringes on privacy and rob hard earned money of innocent people and leaves them in the lurch.
Bhartiya Nyaya Samhita 2024
The recent major change in law is reflected in the Bhartiya Nyaya Samhita 2024 (also known as BNS). It replaced age old Indian Penal Code, 1860. Many old provisions removed, and new ones, notably those on cybercrime, added. BNS holds 358 sections, opposite to IPC, which had 511 sections. It makes BNS a structured, practical and easy-to-understand document. (IPC vs BNS)
Collective responsibility
Law-abiding citizens obey rules and laws. They realise that laws are for their welfare. It ought to be followed and obeyed. Flouting laws attracts strict action. Traffic laws, for instance, are for people’s safety. It ensures the safety of road users. Thus, it is imperative that enforcement agencies and people both be sensitive to it and follow it. It is a collective responsibility of all. Flouting laws for petty or parochial gains harms society, the country and in the end, people. It must be a big no.
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