Author: Manvi Tokas, NorthCap University
INTRODUCTION
Society cannot exist without some rules or orders to maintain peace and protect people. Since ages, there has been some laid down rules developed for maintaining and regulating people all around the world. Law has had various forms from being made on the principles of natural law to being a command of the sovereign; nevertheless, the purpose of law has always been the same, that is to maintain social order and control. Social control has been a prerequisite for developing a well-ordered society, therefore any law aims at projecting social control. Law which in itself has many interpretations has over the decades and centuries been an instrument for social change as well. Any law in a society or country for the fact, not only brings social control but also over a period of time influences the minds and activity of the people bringing in social change at large. Law is never static but dynamic in nature which brings with itself social changes in the society.
LAW AS AN INSTRUMENT OF SOCIAL CHANGE-
RELATIONSHIP BETWEEN LAW AND SOCIAL CHANGE
Social change has various meaning and perspective, but in a basic way social change is alteration in society’s order including social institutions, cultural orders etc. Auguste Comte is
recognized as the father of sociology. Other such as Herbert Spencer, studied the evolution of society and particularly social change. Law on the other hand is the as Salmond defines it “the
body of principles recognized and applied by the state in the administration of justice”. Law therefore is a supreme body governing social control over the masses. Such laws differ from
country to country and are majorly adapted in a way to best help the society, or in a way to protect the welfare of the society at large.
Traditionally as well, people have been known to have laws or make laws best benefitted to their interest and welfare. The social contract theory is the best example to understand the
relationship between law and social change. The theory involves people living as a community and society, to protect their lives, dignity and property, invested their trust and gave part of their
freedom to one authority who in return protected the welfare of the citizen, establishing rules which were in protection of the society and had to be abided by. From another perspective, rules or norms that get widely accepted by people at large in the
society in turn become laws. The existing laws in the present world as well are a result of the established norms of the past, though with reforms and change in the society, the laws have been amended and new and better laws have been enforced to meet the needs of the society. As the society is progressive in nature, the laws have to have dynamic shape and change
accordingly with the societal needs and expectations.
American judge named Benjamin Cordozo, “said that law should not be viewed as a definite instrument trying to bring in social change but as a flexible instrument of necessity to bring in welfare of the society”.
THEORIES FOR SOCIAL CHANGE-
1. CYCLIC THEORY – Cyclic theory of social change states how social changes are
constant in nature, they are never ending
2. LINEAR THEORY – Linear theory of social change states that as society progresses,
changes happen, therefore stating that social change takes place lineally from less
advance to more advance state.
REAL WORLD IMPLICATIONS-
Law as a social change has many real world implications, biggest of them being our CONSTITUTION. Before the enactment of our constitution, India was ruled by the Britishers, which included bad enforcement of laws, not inclined towards society welfare. Thus, our lawmakers, enacting the constitution took deep care of making sure that the laws being formed
are inclined towards societal welfare at large and their rights are being protected. The constitution of India, 1950, is thus the biggest example of how law can be a strong instrument
for social change. Part III of the constitution provides fundamental rights to all the citizens of our country which protect freedom of speech, equality before law, protect life and personal Liberty etc. Article 14, 19 and 21, forms the golden triangle of our constitution ensuring rights of the citizens. Some principles in part IV and duties have also been included in the constitution in part IVA. Even though the constitution is the supreme law of our land it is not rigid in nature and can be amended as Dr. BR Ambedkar says “constitution can be amended as and when the society needs it”. Part III and IV collectively has been a major driving force in bringing about
a social change and revolution in the society at large.
1. FUNDAMENTAL RIGHTS- With the enforcement of our constitution, part III, came to dedicated to our fundamental rights. These are the rights which all the citizens of our
country has and these cannot be infringed, unless through “procedure established by law”. The fundamental rights have been influenced from the “American constitution”
,having its deep theory with “magna carta”, in which the king had given some rights to certain class of people which could not be infringed by anyone. Article 14-32 provides
us with our fundamental rights, with articles 14, 19 and 21 being considered as the golden triangle of our constitution. Article 14 talks about “equality before law”, article
19 talks about “right to freely express” and article 21 is “right to personal life and liberty”. “Article 21a” was a newer addition which started including right to free and compulsory education in 2002, which was earlier a “DPSP”. This shows constitution
can be amended to meet societal needs.
2. PUBLIC INTEREST LITIGATION(PIL)- Public interest litigation, as the name suggests is a legal aid for public at large, wherein a PIL can be filed in the supreme
court if some distress is caused to the public or society due to infringement of one’s fundamental rights. It a great mechanism which ensures that people have a voice in the
country and a right to speak against any injustice that might be faced by them. PIL is in a way a great example of how strengthened and empowered society can feel due to law
enforcement. In many cases PIL has been used to reach the supreme court for various matters like environmental concerns, in the cases of MC Mehta v. Union of India. Though PIL is a great tool for getting justice, its misuse is totally unacceptable as was laid down in the case Subhash Kumar v. State of Bihar.
3. ABOLITION OF CHILD LABOUR- Child Labour is a crime, it is a sin to prohibit a child from enjoying his/her childhood. Mostly, poor laborers and workers would force
children to help them in work or children would work in shops or factories, as this would allow the owner to easily influence the children in getting a lesser wage for their
hard work. The Factories Act was the first initiation towards preventing child labour below the age of 7 years, later Child Labour(Prohibition and Regulation) Act, prevents
child labour for upto the age of 14 years. This is also a great example of how with time and progress in the society, the need for a better and amended law is always required
for society’s welfare.
4. RIGHT TO INFORMATION- The right to information act , has been a strong example of how law changes society as the act promotes how every individual has a right to
information about every public act being carried out by public servants.
5. CHILD MARRIAGE- The age old traditions of marrying the children early, even in early childhood had been prevalent in India, to stop this sin of marrying children and
burdening them with unforeseen changes taking away their childhood has been prohibited by the Prohibition of Child Marriage Act. The effect of child marriage is
too much, mostly happens with the girl child, is a torturous practise. Such law enforcement was a necessary step at taking a good social change, it was need of the society.
6. WIDOW REMARRIAGE- Old Hindu customs forbade widows from remarrying, it was a relatively sexist and stereotypical custom aimed at degrading women, while men
who would lose their wives were allowed to remarry or in the first place have as many wives they wanted. With the efforts of “Ishwar Chandra Vidyasagar”, the British
government ruling India, enforced a law enabling widows to remarry, Hindu Widow Remarriage Act.
7. SATI SYSTEM- An immensely bad tradition in old ages was, if the husband would die,bthe wife would be burned alive along with the dead husband. Sati system was extremely horrific and disgusting practice that was widely accepted and practiced in many parts of India. Such a practice showcased how women were viewed as extremely inferior and
they has no sense of image and value in the society; that without their husbands that had no sense of existence in itself. Such a patriarchal and inhuman practice was finally stopped with immense efforts of reforms like “Raja Ram Mohan Roy” in 1812 and with the British governor “Lord William Bentick” condemning the sati practice and issuing a decree for its prohibition. The Commission of Sati Act , was a also a legal step for the same. Due to such legal steps and enforcement, Sati has now become almost forgotten and is hardly practiced. Sati practice in itself is major example of how law can
enforce social change.
8. ABOLITION OF SLAVERY – Slavery abolition was enacted by Indian Slavery Act, declaring it an offence under section 370 and 371under Indian penal code.
9. FEMALE INFANTICIDE- The act of killing the girl child upon the sex determination is extremely inhuman and has been a practice commonly done in many parts of India.
To prohibit sex determination Pre-conception and pre-natal diagnostic techniques act was implemented. Such a law was a big need of the society to stop the inhuman practice of killing the girl child in the name of traditions.
10. RIGHT TO EDUCA TION- The right to education is a birth right and need of all children, being deprived of the same is the biggest lose the country can face. It seriously effects the upbringing of the child and future of the masses and the country in general. The right to education was enforced a fundamental right in the year 2002 by article
21a, the right to education was earlier a DPSP(directive principle of state policy) but with the need and requirement for the betterment of the society it got converted as a fundamental right to be available for all the children in the country.
Overall, from understanding all the real life examples, it can be very well understood that law brings social change as
1. With time society changes, its moral and principles changes, therefore the law changes
2. The law is enforced to bring a change in the society
Both law and society are inseparable parts, they go hand in hand or parallelly and keep on
meeting and overlapping each other again and again. Without society no law can exist and without law no society can harmoniously exist. Both are required to co-exist with each other.
INTERNATIONAL EXAMPLES-
1.RACIAL DISCRIMINATION IN AMERICA- The racial discrimination of hating blacks or blacks slavery was widely prevalent for a very long time, the enactment of The civil rights act , was a major step for stopping the racial discrimination faced in America.
2. BLACK SLAVERY – The black slavery being extremely inhuman and widely prevalent in America was with time abolished and a “13th amendment to the American constitution” was done, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction”.
3. CLIMATE CHANGE- With increase in global warming all around the world and climate change, international efforts for the same has been made, including “United Nations Framework Convention on Climate Change (UNFCCC)”. It is a protocol just
like the “Paris agreement” and “kyoto protocol” which is focused on addressing the increasing issue of climate change all around the world.
Other than that, many world-wide institutions and conventions exist aimed at protecting climate, human life etc, like “UNICEF”, “UNESCO”, “WHO” etc.
DISSENTING OPINION ON LAW AS AN ISNTRUMENT OF SOCIAL CHANGE
Law definitely helps in social change and work for its betterment, but there can be a major issue or a drawback in the same. Law cannot always help in bringing social change, as for
example, rape as a crime in India now has serious punishments, still rape rate is only increasing and not being controlled. This is just one example, others like caste based discrimination or
untouchability still is prevalent, with many facing these issues on daily basis. Thus law enforcement is equally important as to making laws, as law on paper has no value till its being properly enforced. Strong enforcement is therefore required to actually benefit the society and bring good social changes.
CONCLUSION
Law is therefore a strong instrument for social change, having the greatest potential to bring real social changes and benefit everyone. Law and society go hand in hand and always have to
co-exist with each other, without society there can be no law and without law there can never be a harmonious society. Both are required to exist along with another. Sometimes as society progresses law is developed to address the change, whereas sometimes, to address a social practice or norm a law is enforced to correct it. Therefore, law is a strong instrument for social change keeping in mind that a strong implementation of those laws also takes place.
FAQS
How is law related to social change?
Law is a powerful instrument for social change, acting as both a reflection of societal values and a catalyst for progress. It can shape behaviors, attitudes, and institutions, driving societal transformation. Laws can be used to introduce new norms, eliminate outdated practices, and promote social justice
How does law acts as an instrument of social change ?
Law serves as a powerful instrument for social change by establishing norms, protecting rights, and driving societal progress. It can be used to reshape existing social structures, address inequalities, and promote justice. Through legislation and judicial interpretation, law can be a catalyst for both incremental and transformative social change