LAW AS AN INSTRUMENT OF SOCIAL CHANGES

Law is a form of Social Science. Society and law are closely related to each other. Law tells the
nature to live the social life and this also increases with the Economic, Scientific and
Technological progress. Law also changes with Social Changes and plays an important role in the
fulfillment of Social Needs, so for the fulfillment of social need, there is a provision by
constitutional amendment and this is the responsibility of judiciary that law which violates the
constitutional provisions, public interests and fundamental rights should be declared void. Legal
reforms have been at the centre of the agenda for strategizing gender justice in India. Uniform
Civil Code is merged in the Article- 44 by Indian Constitution as a result of social change. It
signifies a uniform code of conduct without cast, religion, parentage, community and cultural
recognition for all citizens of country and also Artical-21 Protection of life and personal liberty
as a result of social change. In this article new prison jurisprudence right to Speedy Trial, Right to
Free Legal Service, Right to Human Dignity, Right Against Torture have been made some of the
components of the fundamental rights. Law is a medium through which social objects can be
achieved. So, change of law is must with social changes, otherwise law will be of no value.
Law is rooted in social institutions, in socio-economic network. These social factors influence the
course of law or the direction of legal change. This is the outcome of personal and social
interactions which are variable and often unpredictable. At the same time, law may itself change
norms in various ways. For example, in free India, legal abolition of untouchability is an attempt
to change a long-standing social norm. Yet it has not succeeded much due to inadequate social
support. Thus there is a reciprocal relationship between law and society. The term social change
is also used to indicate the changes that take place in human interactions and inter-relations.
Society is a web-relationship and social change obviously means a change in the system of
social relationship where a social relationship is understood terms of social processes and social
interactions and social organizations. Thus, the term, social change is used to indicate desirable
variations in social institution, social processes and social organization. It includes alterations in
the structure and the functions of the society. Closer analysis of the role of law vis--vis social
change leads us to distinguish between the direct and the indirect aspects of the role of law.
1. Law plays an important indirect role in regard to social change by shaping have a direct impact
on society. For example: A law setting up a compulsory educational system.
2. On the other hand, law interacts in many cases indirectly with basic social institutions in a
manner constituting a direct relationship between law and social change. For example: A law
designed to prohibit polygamy.
Law plays an agent of modernization and social change. It is also as and indicator of the nature of
societal complexity and its attendant problems of integration. Further, the reinforcement of our
belief in the age old panchayat system, the abolition of the abhorables practices of untouchability,
child marriage, sati dowry, etc are typical illustrations of social change being brought about in the
country trough law.
Law is an effective medium or agency, instrumental in bringing about social change in the
country or in any region in particular. Therefore, we rejuvenate our belief that law has been
pivotal in introducing changes in the societal structure and relationships and continue to be so. As
of today, the decisions of the Court are not just being tested on the touch stone of social justice,
but indeed they are being cited of as precursors to social rights. The Court has pro-actively and
vigorously taken up to cause of social justice and has gone to the extent of articulating newer
social rights such as the right to food, right to health, right to education Thus, the march of law is

clearly in favour of Supreme Court having performed a pro-active role in social change of the
languishing masses. It certainly has acted as a catalyst in the process of social transformation of
people wherein the dilution of caste inequalities, protective measures for the weak and vulnerable
sections, providing for the dignified existence of those living under unwholesome conditions, etc,
are the illustrious examples in this regards. Social change involves an alteration of society; its
economic structure, values and beliefs, and its economic, political and social dimensions also
undergo modification. However, social change does not affect all aspects of society in the same
manner.
While much of social change is brought about by material changes such as technology, new
patterns of production, etc, other conditions are also necessary. For example, like we have
discussed it before, legal prohibition of untouchability in free India has not succeeded because of
inadequate social support. Nonetheless, when law cannot bring about change without social
support, it still can create certain preconditions for social change. Moreover, after independence,
the Constitution of India provided far-reaching guidelines for change. Its directive principle
suggested a blue-print for a new nation. The derecognizing of caste-system, equality before the
law, and equal opportunities for all in economic, political and social spheres were some of the
high points of the Indian Constitution. Some areas where law has given the influence for social
change are:
1. Area of agrarian reform policy and legislation;
2. Area of implementation of untouchability abolition law;
3. The normative aspects of employment and educational reservation for the scheduled
castes and scheduled tribes under the Constitution;
4. The allied field of abolition of bonded labour;
5. The problem of substantive impact of changes in the family law marriage, equal rights of
women to inheritance and dowry.
For purposes of constitutional competence, these actions are characterized as those coming under
the writ jurisdiction of the Supreme Court of India under Article 32 of our Constitution and the
various High Courts, under Article 226. The traditional extent of writ jurisdiction was of course a
colonial inheritance from the British-era and the remedies that could be invoked were those of
habeas corpus, quo warranto, mandamus, prohibition and certiorari. However, the Indian Courts
have pushed the boundaries of constitutional remedies by evolving the concept of a continuing
mandamus which involves the passing of regular directions and the monitoring of their
implementation by executive agencies. In addition to designing remedies for ensuring that their
orders are complied with, the Courts have also resorted to private law remedies such as
injunctions and stay orders in Public Interest Litigation (PIL) matters. The Supreme Court of
India has been able to shape appropriate remedies for a variety of situations on account of the
wide discretionary powers for granting constitutional remedies that have been conferred on it as
per the language of Article 32 of the Constitution. Furthermore, under Article 141 of the
Constitution of India, the Supreme Courts rulings are considered to be the law of the land and
become binding precedents for all courts and tribunals in the countrys legal system. Hence, the
Supreme Courts decisions in Public Interest Litigation (PIL) matters have progressively shaped a
unique jurisprudence that gives due weight age to the interests of the underprivileged and
backward sections in society. A significant consequence of this is that creative remedies designed
for particular fact-situations come to be widely reported to by Courts all over the country. In this
way, the rulings given in PIL cases create an active judicial dialogue within the whole legal
system.
Bihar Legal Support Society v. The Chief Justice of India & Ors:
The majority of the people of our country are subjected to this denial of access to justice and
overtaken by despair and helplessness, they continue to remain victims of an exploitative society

where economic power is concentrated in the hands of a few and it is used for perpetuation of
domination over large masses of human beings The strategy of public interest litigation has
been evolved by this Court with a view to bringing justice within the easy reach of the easy reach
of the poor and disadvantaged sections of the community.
Keshavananda Bharati v. State of Kerala.
By a narrow majority of 7-6 it was ruled that Parliaments power of amendment was not absolute
and it could not amend the Basic structure of the Constitution, which in the opinion of the
judges consisted of elements such as democracy, rule of law, secularism, separation of powers
and judicial review. The said decision did not curry favour with the Indira Gandhi-led
government of the day and three of the judges who ruled for the majority were superseded in the
matter of appointment to the position of Chief Justice of India in 1973. Nevertheless, the decision
had given a clear signal in defense of judicial independence.
Peoples Union for Civil Liberties v. Union of India,
where the Court sought to ensure compliance with the policy of supplying mid-day meals in
government-run primary schools. The mid-day meal scheme had been launched with much
fanfare a few years ago with the multiple objectives of encouraging the enrolment of children
from low-income backgrounds in schools and also ensuring that they received adequate nutrition.
However, there had been widespread reports of problems in the implementation of this scheme
such as the pilferage of foodgrains. As a response to the same, the Supreme Court issued orders to
the concerned governmental authorities in all States and Union Territories, while giving elaborate
directions about the proper publicity and implementation of the said scheme.
Conclusion
Law is a system of rules and guidelines which are enforced through social institutions to govern
behavior, wherever possible. It shapes politics, economics and society in numerous ways and
serves as a social mediator of relations between people. Contract law regulates everything from
buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations
related to the transfer and title of personal and real property. Trust law applies to assets held for
investment and financial security, while tort law allows claims for compensation if a person's
rights or property are harmed. If the harm is criminalized in legislation, criminal law offers means
by which the state can prosecute the perpetrator. Constitutional law provides a framework for the
creation of law, the protection of human rights and the election of political representatives.
Administrative law is used to review the decisions of government agencies, while international
law governs affairs between sovereign states in activities ranging from trade to environmental
regulation or military action. The legal response to a given social or technological problem is
therefore in itself a major social action which may aggravate a given problem or alleviate and
help to solve it.
Indian society
Eighteenth century India and todays India: but a contrast! On the one hand we have a stagnating
traditional culture and society, in fact in a state of decadence not witnessed before decadence
condemned by most modern Indian from Ram Mohan Roy on words.
On the other hand we have a still traditional society in the throes of a creative excitement, of
modernising itself, of emerging as a new nation remaining thoroughly its own and rooted in its
culture yet taking its place in the contemporary world.
The intervening nineteenth century was pivotal in that it saw the initiation of this process that
brought about an enormous transformation in the religious, social, economic, political and
cultural spheres of Indian society. Many interrelated factors where in what in this transformation.

The British Raj influenced Indian life through many channels: administration, legislation, treads,
new systems of communication, inchoative industrialisation and urbanisation, all has great
influence of the society as a whole, because every measure in some way interfered with some
traditional patterns of life.
The sum total of these influences on the life and ideas of the people forced them to adjust their
patterns of life to the new circumstances thus affecting a continuum of social change.
The socio-religious reformers of India and the scholars educators and missionaries of the west
also contributed to this transformation of society.
But they often needed the support of the Government the sole authority to enact or repeal any
laws, the laws which have been vitally instrumental in effecting social changes of various sorts
through with varying degrees.
Law is generally defined as the set of principles and regulations established by a Government and
applicable to a people, whether in the form of legislation or of custom and policies recognised
and enforced by judicial decision.
It includes any written or positive rule or collection of rules prescribed under the authority of the
state or nation or by the people in its constitution. In the light of the above broad connotation of
law, it can be argued that no society or civilisation can appear and exist without a certain corpus
of law.
Even the Vedic society of ancient India was no exception. I was by and large an egalitarian
society with sufficient equality between men and women. There was least hierarchical division of
society and very little class or caste exclusiveness. In the later Vedic period, when the
Dharmashastras (law-books) appeared, womens status vis-a-vis men declined, the society
witnessed hierarchical divisions, the four fold divisions along the varnalines crystallised kingship
became exclusive preserve of the kshatriyas, the Brahmin supremacy over other castes was
established. All these got sanctions of the Dharmashastras with the support of the ruling
authorities. Later Dharmashastras and Government further consolidated these changes. Manu
imposed still more restrictions and deprivations on women and the shudras. He also prescribed
different rites, rituals and norms on the occasions like birth, marriage, death, etc. The entire
society including the upper strata followed them. The climax came when the Indian society got
feudal character because of the law-givers during the Gupta and the post-Gupta periods, when
plurality of the society became pronounced.
With the establishment and enforcement of Muslim customs and traditions, through they more or
less left the Hindu society alone, the Indian society saw vertical divisions. However the rigidity of
the Muslim law helped introduce a certain degree of social rigidity amongst the Hindus and led to
further impositions upon the Hindu women. The rule of conversion in the Shariat offered many a
deprived section of Hindu society an opportunity to improve their lot by joining the ruling
religious community. With the Muslim law in prevalence the Brahmin supremacy and
prominence in the society dipped rather low, especially during the regions of Firuz Tughlaq
Sikander Lodl and Aurangzeb. The imposition discontinuation and reimposition of the Jizya on
the Jimmis, according to Islamic law always became the determining factor in the relationship
between the Hindus and the Muslims. However the Law of Escheat in the Mughal period
encouraged social mobility.
On the whole, however in ancient and medieval times, law as a declaration of age-old customs a
codification of practice, rather than an instrument of social change. Law and social reform
became linked with the emergence of concepts of liberal socialism and the welfare state of
political philosophy.
During British rule, several laws effected far- reaching changes in Indian society. The Charter Ac
of 1833 removed the legal barrier on the European colonisation of India. Section 87 of his Act
altogether abolished the concept of any governing caste, sect or sex, i.e. discriminations of
various sports in public appointments were removed. By Act V of 1843 slavery was abolished in
India.

The proclamation of British Crown (1858) brought all the Indian subjects on equal footing
irrespective of caste, sect or sex. The principles of the rule of law and the equality before law, as
introduced by the British, gave a jolt o various divisions and sub-divisions in the society.
This led to the formation of larger social solidarity and people began to feel as a nation.
Obviously, the practice of caste got mitigated, to an extent.
Besides, various laws were passed that improved the conditions of women in December 1829 the
practice of sati was declared illegal and punishable by criminals court as culpable homicide. This
helped to wipe out the evil practice of sati, though stray cases might have occurred here and there.
The Bengal Regulations XXI of 1795 and ill of 1804 declared infanticide illegal and equivalent to
committing a murder, and an Act of 1870 made it compulsory for parents to register the birth of
all babies and provided for verification of female babies as practiced among the Bengalis and the
Rajputs. The Hindu Widows Remarriage Ac (1856) legalised the marriage of widows and
declared issues from such marriages as legitimate.
In the long run, Act profoundly improved the status of women, changed the sacramental nature of
the institution of marriage and the structure of family in Hindu society.
The shared Act (1930) provided for penal action in marriage of boys under 18 and of girls
under14. This provided legal protection to those individuals who resented early marriages.
To begin with, its impact on the society remained limited. But later on, some examples by their
success in educational and career avenues, and Indian society, at least urban areas followed the
law.
The permanent settlement of Bengal (1793) eventually created a new class of zamindars in the
Indian society and consolidated the position of the money-lenders.
The revenue system of the British Government impoverished the Indian peasantry and craftsmen,
and consequently their position in the social hierarchy declined-from land- owners and
entrepreneurs to the agrarian and industrial labourers.
Later, that the rule that only the English educated people could find place appointments led to the
emergence of a new middle class in Indian society.
Similarly, there was much other legislation in the British period that influenced the society.
In the post-independence era the Indian Government has taken numerous measures that concern
the society. The Constitution refuses to recognise the distinctions of religions, sect, caste, sex etc.
in the matter of the opportunities of civil life. It has largely mitigated a number of evils resulting
from the pluralistic nature of India society with regard to religion and caste.
Freedom of belief as a Fundamental Rights has made religion a personal choice rather than its
earlier compulsive and all-pervasive nature for a family or a group. Untouchability has been
rendered a criminal offence.
Endogamous nature of casteism is now on the wane as inter-marriages, even inter religious ones
(The Special Marriage Act. 1954) have been legalised.
Reservations in jobs and freedom in the choice of vocations have encouraged vertical mobility of
many families, irrespective of their caste of class affiliations.
The Hindu Marriage Act (1955) has given a jolt to the traditional nature of the institution of
marriage i.e. marriage being indissoluble by containing the provision for divorce.
The remarkable features of the Hindu Succession Act (1956) are recognition of the right of
women to inherit property of an intestate equally with men and abolition of the life estate of
female heirs.
This has also changed the family composition as daughters and sons have been made equal even
in the matter of in heritance. The extension of maternity benefits to unmarried women is also
gradually changing the meaning of family.
Various labour legislations like the Factories Act (1948) the Industrial Disputes Act (1947) the
Trade Unions At(1928) etc. improved the status of the working class and brought them at par with
the bourgeois class of capitalists.

The critics opine that merely the enactment of laws and even their enforcement, has limited
impact on the society. They say that the rural areas are hardly affected by such legislations, and
even in the urban areas these laws are not successful on any substantial scale.
According to them, the transformation of society is an evolutionary process, not a revolutionary
one. So, law may lose its sanctity and graces because of the non-compliance on the part of the
society.
What they emphasise on more is that unless and until a law gets the sanction of the society as a
whole it may have no effect. And logically, if the collective psyche is ready for a change there is
no need for a law.
During the Muryan and Mughal periods many laws were promulgated to effect changes in the
society. But once the individual ruler or dynasty left the scene all the laws in respect of society
lost their strength.
Authoritarian government are supposed to enforce laws more doggedly, but they also have been
seen to have failed in bringing about social changes.
That extend, even the revolutionary laws brought in by the British India Government were made
possible only when enlightened Indians felt a need and campaigned for social reforms.
Society always seeks to protect its interest. So, whenever anything is done in its favour, it
cheerfully accepts the offer. Unless the law therefore reflects the hopes, aspirations and progress
of the society it can never take effect.
Hence the law as per the choice of a small group of ruling individual, without winning the
confidence of the masses, is bound to fail in its objective.
We even examples of laws meant to do good to the society having failed. But this happens only
when there is a wide gap between the governing authorities and the people especially in regard to
communication.
If there is enough political will progressive laws can effect social changes. The European society
today greatly owes its form and colour to the law.
Very recently a British court granted two children the right to leave their parents and live on their
own. In the Third World, Turkey is the most revealing example.
The modernisation of the Turkish society was the result of the will of Mustafa Kamal Pasha who
took hundreds of measures in the very first year of his rule. The rule of Castro in Cuba is another
such example.
And in a previous era, didnt the laws compiled in Shariat change the society from Zaniliya to the
Islamic era? However it may be pointed out that the leaders of such movements were very
popular and could carry their people with them.
Even if laws themselves cannot effect social changes they can provide protection to those who
endeavour to make positive changes in society or provide legality and validity to those beneficial
changes having already taken place.
The utility of law in reforming society depends on the machinery to implement it. Furthermore, a
traditionally diehard society cannot accept change easily. No law can push diehard society cannot
accept change easily.
No law can push it into accepting change even if we take the laws against child marriage and
female infanticide; we notice that these obnoxious practices have been wiped out.
In such cases, we cannot wait for the impulse for change o come from society at larger. The
enlightened must seek to educate and spread awareness among the masses.
Unless ignorance is dispelled, law will remain in the statute books and no change worth its name
will take place.