DHARMASHAHSTRA NATIONAL LAW UNIVERSTY

JABALPUR (M.P)

Academic session (2020-2021)

LEGAL METHODS
PROJECT ON

Law as a Instrument of social change

Submitted by: - Submitted to: -

Alok Kumar Shah Mr. Ankit Shrivastava

(BAL/008/20) Assistant Professor of Law

Semester-1

ABSTRACT
Law is framed as the standards and rules to be followed for the peaceful living of the people in
the society while social change is the alteration in the society which may have either good or bad
impact in the society. The relationship between the law and social change is discussed at a wider
aspect. There are various mechanisms being used by the legislation to implement the rules in the
society. This paper talks about the relation law and society, why there is need to change the law
with the changing society. This paper talks about the legislations which enacted to change the
myth in the society and the active role by the judiciary to shape the society with citing some
examples.

INTRODUCTION
Law is framed as the standards and rules to be followed for the peaceful living of the people in
the society, while social change is the alteration in the society which may have either good or
bad impact in the society. The relationship between the law and social change is discussed at a
wider aspect law and society has a cause and effect relationship. Social change means
modifications in the way people work and live. Social change happens because of a few
calculates, for example, changes innovation, demography and philosophy, changes in political
life and financial strategy and in legitimate standards or institutions. American Judge Benjamin
Cordozo said that the "Last reason for law is the welfare of society". Law ought not be definite
but rather should be transformable as per the prerequisite and need of the general public. The law
can't stay unchanging. In addition to law and social change there are many other mechanisms of
change, such as technology, ideology, competition, conflict, political and economic factors, and
structural strains. There are various mechanisms being used by the legislation to implement the
rules in the society. Thus, the main aim of the project paper is to study the law and social change
in wider aspect.

Table of contents
CHAPTER-Ⅰ

Research Methodology

Research Objectives

Research Question

Literature Review

CHAPTER-Ⅱ

Law-Definition

Society-Definition

Relation between law and social change

CHAPTER-Ⅲ

Law as an instrument for social change

Why law should change as a society grows?

CHAPTER-Ⅳ

Law as the Product of traditions and culture

Role played by government or a state to change the society

CHAPTER-Ⅴ

Conclusion
Chapter-1

Research Methodology

The research paper uses the non-doctrinal method which is the simple random sampling method
taken from various stats and research papers. The primary and secondary sources of information
were used. The primary sources of information used are the statutes and legislations and the
secondary sources of information used are journal articles, thesis, and working papers.

Research Problem

1. What is the Relationship between Law and society?

2. How Law is helping to make changes in the society by citing some stats and legislation?
3. Why the Law should be change with the change in the society?

Research Objectives

1. Understand the importance of Law as an instrument of social change.

2. We will come to know how Law shapes and alters the foundations of the societies.
3. We will come to know how the legislations and judiciary plays the role to make change
in the society.

Literature Review

Review of literature is one of the most important part of the research that exposes a researcher to
the various studies and information relating to the research problems. Thorough review of
academic studies, journals, books, online articles and more enables them to understand the topic
of their research and do justice to their work. In this project , literarture that have been used are
various research articles ,journals ,books . Malik and Rawat, Law and Social transformation,

Law as per the choice of a small group of ruling individuals, without winning the confidence of
the masses, is bound to fail in its objective,( Friedman.W,1964). Gender equity should not stop at
the law, nor should it be derailed by successes in law,(Mulela MargaretMunalula,1995), Supreme
Court remarkably contributes for welfare of the society particularly the deprived people,(Puneet
Pathak,1997).

The review of literature is very important as it has made this research practically possible and the
purpose of the project would not have been possible without it.

Chapter-Ⅱ

Law-Definition

Law is a system of rules created and enforced through social or governmental institutions to
regulate behavior .It has been variously described as a science and the art of justice.1

The laws are variously defined by the scholars.

Green Arnold defined “Law is more or less systematic body of generalize rules. Balanced
between the fiction of performance and the change of, governing specifically defined
relationship and situations and employing force or the threat of force in defined and limited
ways”.

Duguit, laws are “the rules of conduct normal men know they must observe in order to preserve
and promote the benefits derived from life in society.”

1
www.wikipedia.in
Hertzler comments, “Law in effect structures the power (Super-ordinate Subordinate)
relationship in society; it maintains the status quo and protests the various strata against each
other, both in Governmental and nongovernmental organizations and relationship”.

Austin defined Law as “the Command given by a superior to an inferior”.

Laws are the general conditions of human activity prescribed by the State for its members.

Society-Definition

Society is a process in which people continuously interact with one another, the key terms are
negotiation, self other, reflexivity the implication being that society is constituted and
reconstituted in social interaction. Society is not imposed upon people in the processual
definition rather it has to be accepted and confirmed by participants. Each interaction episode
contains within it the possibility of innovation and change. So against the view of society that
sees it as structure the process view asserts that people make structure. Society is not a static or
peace-fully evolving structure but is conceived of as the tentative solution to the conflicts arising
out of antagonistic social relations of production.

Relation between law and social change

The analyst is of the conclusion that law is the best instrument of social change however now
and again social changes progresses toward becoming law. In India there are two principle
foundations which rolls out improvement in law, to be specific the lawmaking body where new
laws are sanctioned or alterations are done to the old demonstrations to suit the need of great
importance. The second foundation is our legal, where understanding and manage of land and
law of land exist together. Law ought not be definite but rather should change as per the
prerequisite and need of the general public emerging out of taking a break. It is this prescience at
the top of the priority list father and fundamental designer of the Indian Constitution Dr.Bhima
Rao Ambedkar embedded Art 368 to the constitution which gives that "Any piece of the
constitution might be revised by embracing suitable strategy with the exception of obliterating
the essential structure of the constitution". It reflects the acknowledgment of the need of
changing the law even the rule that everyone must follow when circumstance warrants2. Laws
are the essential part of the society. Sociology helps law to better understand society for
smoother regulation and formation of laws. Similarly, the law is important to regulate a society.

CHAPTER-Ⅲ

Law as an instrument for social change

Law is the reflection of the will and wish of the society. It is said that if you want to study any
society, you have to study the laws enacted by that society and you come to know whether the
society is developed or wild world. The law, though it is the product of the society is responsible
for the social \transformations. In fact, there are two modes of this aspect.
1. “Law changing the society”, which means that the law of the land compels the society to be
changed according to it.
2. “Society changes the law”, as per its needs, which means law is made by the society
according to its requirement by its democratic institution i.e. Legislative or by adopting custom
and usage. On this fundamental basis Historical school of law emerged. 3
When law changes the society it is the sign of beginning of the development of the society.
When society changes law it is the sign of maturity of the society .We can cite the enthusiasm of
the people in the matter of ‘Nirbhaya’ where the commonest of the common was talking on how
the law must be, what must be the punishment etc. here this compelled the government to
consider the sentiments of the society and set up a commission to give suggestions and untimely

2
Divya, law as an instrument of social change, IOSR Journal, vol.3, issue.9,1999.
3
https://www.nmu.ac.in/Portals/46/SLM/LLM.PAPER-1.pdf
the criminal law amendment bill came into existence. The change required in the society can be
initiated by a single person also and this has been proved in India right from Raja Ram Mohan
Roy; to Mahatma Phule, Mahatma Baseswar, and Mahatma Gandhi up to Anna Hazare! Thus the
demand takes root and shakes up the government to either reform the existing laws or make new
or even delete the existing unworthy laws. 4

For this we will have to cite examples for the history of India. When mahatma Phule’s wife
Savitribai Phule actually started teaching in a school aimed only for girls it was considered
taboo, something not good and would be affecting the society but this movement gradually
became the source of law where the girls could actually study and develop. Gradually the then
society thought reluctantly adopted this fact and started to send girls to school this is positive
sign of beginning of the development of the society. Ultimately the girls got into colleges also.
This was not only limited to the Hindu society, finally the Aligarh Muslim college also had some
seats for female students studying. But no dough the lamp was lighted by the phule couple. This is
the ‘Society changes the law’, But per its need, rather demands. Whereas the law play important
role in changing the society too!5 .

Why law should change as a society grows?

Laws are produced to and put into action through different societal processes. Every social
institution such as family, polity, crime, corporation also individuals all these requirements and
comprise of different laws. As the society grows there are more aware about there rights, duty
and needs and the laws which are framed during ages becomes redundant in the present context.

So the should change to fulfill the requirements of the society. I would like to put the some
points below why law should change as society changes:

1. Changing community values: Values across society changes over time. What people in
society may consider important and relevant within one generation may alter over a

4
https://www.nmu.ac.in/Portals/46/SLM/LLM.PAPER-1.pdf
5
https://www.nmu.ac.in/Portals/46/SLM/LLM.PAPER-1.pdf
 period of a time. In order to remain relevant, the law must uphold and reflect the values
of present times. For example, people’s perspective revolving around issues such as
Abortion(2004) have changed over the time . As such, laws have been amended or
introduced to reflect the changing values within the community.
2. Changing community awareness: As a national community, we are much more informed
today and aware of relevant issues largely due to the speed and efficiency of
communication. As informed citizens, we pressure on law makers to amend or introduce
legislation in areas that we believe need to change. For example, Cyber bullying ,
POSCO Act etc.
3. Changing expectations from legal system: In ancient times law were expected to regulate
behaviour however people now people now expect the law to uphold individuals rights
and protect them from harm.

4. Technology: Technology is constantly improving and opening new frontiers. As

technology advances new situations are required to be covered by the law to reduce
opportunity for individuals and groups being exploited or harmed. This can be seen in the
Telecommunications (Intercept and Access) Ammendment (Data Retention) Act 2014
(Cth). Requires telecommunications companies to retain some metadata (e.g emails, calls,
texts), from their customs for 2 years to enhance 'power' of intelligence and security
bodies. One of the most important taken by government is Data Protection Law which
will be introduce soon in parliament to protect individuals, privacy and data.

Chapter-Ⅳ

Law as product of traditions and culture

”Law is the product of people’s life and it is a manifestation of its spirit” said by Von Savigny.
He is consider to be the father of the Historical School of Law, which tend to explain that the law
is not which was made by the statue or is a black letter law. Law is what the people wants ,they
have their own set of rules and regulations in the society ,their daily habits, custom, tradition etc.

If any law which have to succeed should be made on the basis of the needs of that society.

Some believe that in the olden days men lived in a perfect state of happiness and such a time was
golden time for man. Indian people admire “Satyug” like anything and always found lamenting
that society has deteriorated in “Kaliyug” a time not so desirable and full of all sorts of deceit,
conceit, cheating and fraud. According to Indian mythology man has passed through four ages
(1) Sat Yug (2) TretaYug (3) DwaparYug and (4) Kali Yug. The Sat Yug was the best age in
which man was honest, truthful and perfectly happy. Thereafter degeneration and deterioration
began to take place. The modern age of Kali Yug is the worst period where in man is said to be
deceitful, treacherous, false, dishonest, selfish and consequently unhappy. This concept is found
in Hindu mythology, according to which Sat Yug will again start after the period of Kali Yug is
over. But looking to various wars fought between different Kings and Emperors in those times,
we come across many examples wherein deceit, treachery, falsehood, dishonesty, selfishness and
all vices even from today’s point of view were order of the day and even there were no
regulatory mechanism to check the same. There was no room for rights of women, Rights of
Dalits and noble principles of Liberty, Equality and Fraternity which are noblest cornerstones of
to-day’s polity. It all depends on how we view the primitive, the past and the present time.6

Role played by government or a state to change the society

Indian legal has for the most part been observed to be alive to the requirements of social
reasoning. Either the legislature or judiciary has played the important role in mitigating the

6
https://www.nmu.ac.in/Portals/46/SLM/LLM.PAPER-1.pdf
practice of the custom which are unreasonable and unjust .I will like to give some examples on
this point.

1. Child marriage – Child marriage was passionately found in Indian culture crosswise over
different religious groups from the ancient to the present time. Extreme endeavors were
made by numerous reformers it turned worthless until the point that a law was ordered.
The Hindu Child Marriage Restraint Act was substituted by the restriction of Child
Marriage Act 2006. Despite there being a law to ban child marriage it is still prevalent in
some part of the country, but there is decline in the practice.
Recent data released by The United Nations children's agency (UNICEF) stated on
March 6, 2018 that India has seen a sharp decline in child marriages over the last ten
years with only 27 per cent of girls getting married before 18 years in comparison to 47
per cent a decade back. According to the UN children’s agency, the factors that have
played a huge role in the decline in child marriages include increasing rates of girl
education, proactive government investments in adolescent girls and strong public
awareness about the illegality of child marriage and the harm it causes. 7

2. Sati system - Sati, also spelled as Suttee, is a practice among Hindu communities where a
recently widowed woman, either voluntarily or by force, immolates herself on her
deceased husband's pyre. There have been many instances of how the widows were
shunned in India and therefore, the only solution for a life without husband was to
practice Sati as it was considered to be the highest expression of wifely devotion to a
dead husband. The sati practice which in practice in India before independence is
completely abolished by the Bengal Sati Regulation which banned the Sati practice in all
jurisdictions of British India was passed on December 4, 1829 by the then Governor-
General Lord William Bentinck. The can be said to successful enough because in
India today there sati pratha has faded and not followed in any part of the country
3. Hindu Succession (Amendment) Act, 2005
4. Transgender Persons (Protection of Rights ) Act, 2019.

7
https://www.jagranjosh.com/current-affairs/sharp-decline-in-child-marriages-in-india-unicef-1520397049-
1#:~:text=The%20United%20Nations%20children's%20agency,per%20cent%20a%20decade%20back.
Indian Judiciary has played an important role in unveiling the evil practice prevailing in the
Indian Society from ancient which is unreasonable, unjust and unfair. Either the Supreme court
of India or High court of various states with there judgments have tried to change the society.

1. Declaring Section 377 as Unconstitutional – Section 377 refers to 'unnatural offences' and
says whoever voluntarily has carnal intercourse against the order of nature with any man,
woman or animal, shall be punished with imprisonment for life, or with imprisonment of
either description for a term which may extend to 10 years, and shall also be liable to pay
a fine. From the ancient times gay sex were consider as a sin in the society. On the name
of this they were deprived from there which was equal for both the gender in the society.
They became such under privilege that they not have basic amenities for the livelihood.
They faced discrimination on the basis of there sex. But situation gradually changed
After the landmark judgment given by 5 Judges constitutional bench headed by the
Former CJI Deepak Mishra which declared this section of IPC as an Unconstitutional.
The judgment was considered as one of the landmark judgments given by the Honorable
Supreme court of India. The judgment was widely celebrated by the various communities
in the society and considered to be a step towards the fulfillment of rights of the gay sex
community.

2. Public Interest Litigation - The Honorable Supreme Court has received the more
extensive approach of the manage of locus standi to use the activity and arrangement
people in general vivacious people to move the courts to represent the general or
gathering interest despite the fact that they may not be specifically harmed in their rights.
The most imperative truth in regards to PIL is that of unwinding the locus standi idea,
any open vivacious per-child can approach the established courts and could convey to the
courts notice of obtrusive infringement of Fundamental Rights of individuals who are not
fit for being moving toward the courts themselves. PIL is an idea went for expanding the
accessibility to equity and structures a piece of sacred law in India. 8

8
Report of India, 2002.
 3. Vishakha and others vs State of Rajasthan
4. Babita Puniya and ors. Vs Seretary of Defence
5. Josheph Shine vs Union of India
6. Shayara bano and others vs Union of India

Chapter-Ⅴ

Conclusion
“Change is the law of nature what is to-day shall be different from what it would be
tomorrow. The social structure is subject to incessant change. Society is an ever changing
phenomenon, growing, decaying, renewing and accommodating itself to changing
conditions and suffering vast modifications in the course of time. Law and society are
both dependent on each other and both compliment each other towards a peaceful and
happy society.