Law and Society: Controversies and Discrimination in Social Groups

This article discusses the relationship between law and society, focusing on controversies and discrimination in social groups. It explores the issues faced by young black men, legislation such as the Equality Act, and relevant case law. #Blacklivesmatter

Law Society
And Controversy

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Issue and area of discrimination in the social group..............................................................3
Legislation..............................................................................................................................4
Case Law................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERNCES...................................................................................................................................7

INTRODUCTION
The law and society is based on believe that the legal rules and the decision must be embedded in
accordance with the society. The law and society portrays mutual relationship between the law
and society. Society helps to formulate law and put them into practice. The effects of law affects
the society. Generally the controversies arises because of conflicts alleged in the legal rights. The
law is important for the society as it acts as a guideline which is required to be accepted. The
absence of law may led too conflicts between social groups and communities. Law plays an
indirect role in shaping the society as it has a direct impact on society (Bradford, 2017). Also law
cannot bring change without support of society. The main role of law is to provide such rules
which will help social group to led progress and develop with some power and security in hand.
MAIN BODY
Issue and area of discrimination in the social group
The social group identified under the report is “Young Black Men”. The area of
discrimination generally face by this social group is unequal treatment on basis of race or
ethnicity which is also called as racial discrimination. Discrimination can be in sense of
stereotypes, prejudice, racism and thus other which need not require unique underlying cause.
Almost all black British children have experienced the racism at school. Not only children but
even young adults faced such racism. Further there is no official policy documents or statement
which provides serious attention to the black in respect of racial discrimination. This led the
issue regarding area of discrimination vulnerable. These social group feels harassed as they are
not called by their name instead called as racist. Not only they face humiliation but also
traumatized leading to adverse experiences. During the last years the black people in England
and Wales were searched and stopped more as compared to white people which showed the
discriminatory impact on this social group. Empowering the police to stop and search without
any suspicious feeling led to the damage to such group or community. Thus, the background is
social discrimination accompanied by social injustice in respect of the social group which in this
report is black people #Blacklivesmatter (Cramer and et. al., 2018).
The Equality and Human Rights Commission (EHRC) is statutory body formulated under
the Equality Act, 2006. The main aim of the commission is to encourage good and ethical
practices in respect of the human rights. The injustice of colour leads to inequality towards these

groups. Further they are discriminated not only in employment, housing but also in the social
domains. This is why the act and rights wants to see the end of discrimination along with the
disproportionate use of the power to stop and search by the police. Thus, in any case such power
need to be exercised by the police on the basis of reasonable suspicion.
Legislation
EQUALITY ACT, 2010
The Act in Britain protects individuals from an discriminatory practices and promotes equal
and fair opportunity in society. Racial Discrimination is protected under Equality Act, 2010. And
also protects against victimisation and harassment. ‘Race’ under the Equality Act, 2010 is
defined as colour, nationality, ethnicity or national origins (Darity and Mullen, 2020). Even
though caste is not covered under this definition but an individual can claim in respect of race
discrimination. The race covers ethnic and racial groups which in this report is ‘Black Young
Men’. The act covers different types of discrimination which are defined below:-
 Direct Discrimination: Section 13 (1) of act defines it as an outcome when someone is
treated in a partial manner as compared to others in a similar circumstances because of
race.
 Indirect Discrimination: Section 19 of act states that it occurs when the rules are
applicable to everyone but led someone with an unfair advantage.
 Harassment: Under this situation an individual is being offended or degraded in public
place or in society.
 Victimisation: This led when an individual is treated badly just because a complaint is
lodged in respect of racial discrimination under the section of the Equality Act, 2010.
The legislation aims to protect individuals or social groups against unlawful discrimination
which is specified under the act. The act together was piled up into a single framework. The
racial discrimination of young black men led to the violation of rights under this act. Further the
act seems contrary to the legislation (Goodman, 2019). Thus, such discrimination done on the
basis of appearance which includes physical attributes is not justified under the eyes of law.
CRIMINAL JUSTICE AND PUBLIC ORDER ACT, 1994
The police powers to stop and search in public domain remain unlawful aspects of British
policing. Young Black Men are been unfairly treated by police forces using the power to stop and
search. As British population consist more black population as compared to the white people.

Shockingly, the stop and search arises in case of black people as they are searched number of
times while in the other part of country the count is at stark. Further the unfair and ineffective
stop and procedure last a corrosive impression in the minds of young black people and further
led to trust issue on the police. The police is carrying stop and search without decency or
sensitivity causing harassment or victimisation in the society. Under the section (60) of the
Criminal Justice and Public Order Act, police can exercise the power if they feel something
suspicious of possessing any prohibited articles. The unethical practice of stop and search is
conducted against people from ethnic minorities. This practice of stop and search is highlighted
more in the last few years. Being targeted by the police because of the ethnicity or race led to
mistrust in the jurisdiction of police in the minds of young black people (Saunders, 2017). Thus,
people need to be stop being judged and searched on assumption that they are carrying any
prohibited articles or any irrelevant suspicious feeling.
Case Law
R (Roberts) v Commissioner of Police of the Metropolis and Anor [2015]
The case was brought before supreme court in December, 2015 to which court passed the
judgment in an appeal brought by person on whom the power to stop and search was exercised
under section 60 of the Criminal Justice and Public Order Act, 1994. In September 2010, a 37
years old lady belonging to African- Caribbean heritage, Mrs Roberts was stopped and searched
under section (60) of the act, by a police officer in Haringey. The police officer felt suspicious in
respect of serious crime involving prohibited articles. The lady failed to show her identification
and even gave a false name to ticket inspector in the bus. This caused the reason to conduct the
process. Later Mrs Roberts claim a judicial review in respect of violation of her rights under
article (5), (8) and (14). The court refused to entertain the appeal of article (8) and said that the
search was made with a legitimate aim. The question raised in front of Supreme Court was
whether section (60) is in accordance with law.
Gillan and Quinton v Commissioner of Police of the Metropolis [2006]
The applicants were stopped and searched who came to protest peacefully against arms fair
held in London. The first applicant Mr. Gillan was riding bicycle and was carrying a rucksack
and the other applicant Ms. Quinton was journalist, she even showed the police her press cards.
It was held by the court that sections 44 and 45 of the act in respect to stop and search is not
sufficiently circumscribed and neither provides proper legal safeguards in cases of abuse

(Houston, 2019). It was decision by the European Court of Human Rights that ruled there is
violation of the right to privacy in the process of stop and search by United Kingdom without
any reasonable suspicion under the act. Such search and stop is not in accordance with the law
and led to violation of article 8 of the convention.
CONCLUSION
From the above report it is concluded that such discrimination is not fair and acceptable.
Racial discrimination led to the violation of rights of individual or social group. The legislation
need to be modified according to changing environment. Also need to address effectively the
problems faced by the young black people in the society. Such humiliation and harassment led
traumatising effect in the minds of people. Further the police plays a vital role in creating
environment which led the enjoyment of rights and freedom. The power to stop and search is
exercised by the police on the basis of stereotypes assumption without any reasonable suspicion.
Thus, this is causing the problem of mistrust in the mind of young black people towards the
police. The criminal justice system need to be updated with the evolving issues in the society.

REFERNCES
Books and Journals
Bradford, B., 2017. Stop and search and police legitimacy. Taylor & Francis.
Cramer and et. al., 2018. Equity, equality, and standardization: Expanding the conversations.
Education and Urban Society. 50(5). pp.483-501.
Darity Jr, W.A. and Mullen, A.K., 2020. From Here to equality: reparations for Black Americans
in the twenty-first century. UNC Press Books.
Goodman, M., 2019. Controversy. In Josephus's The Jewish War (pp. 71-134). Princeton
University Press.
Houston, J., 2019. Wesley, Whitefield and the'Free Grace'Controversy: The Crucible of
Methodism. Routledge.
Saunders, T.J., 2017. The Controversy about Slavery reported by Aristotle, Politics, I vi, 1255a4
ff. In Maistor: Classical, Byzantine and Renaissance Studies for Robert Browning (pp.
25-36). Brill.