LAW AS AN INSTRUMENT OF SOCIAL CHANGE

Law can be simply defined as a system of rules that are used to regulate a
society or rather control it. Why a society requires control is because there is
always a necessity to keep a balance between society and the people living in
it so that they can coexist interdependently which in turn will help in bringing
social change. A society is a heterogeneous place where people of all class,
caste, creed, color, gender, background resides. It is essential that no
difference should be created among these people irrespective of their identities
bringing homogeneity which can only be carried out by the subject of law.
Social change is something that every society and its people look forward to
because a change for good is always welcoming. Law plays an indispensable
role in bringing in a social change. A lawless society is absent of harmony and
peace between the people and the society.

As a society consists of all kinds of people, there is always a chance of one

group of people to be in the position of authority and dominance due to certain
factors like money, power, and status to rule over the other groups who are
relatively weak. This scenario is nothing new for every society once in a while
have experienced such a setup. Not only this but society is subjected to
several other issues as well. Some of the notable being poverty, drug abuse,
corruption, prostitution, rape, lynching, child marriage, acid attacks, child
labour, discrimination in the form of caste, race, colour, gender etc. Law acts
as a driving wheel for society to eliminate all forms of hurdles by bringing
legislation and statutes that will help make a difference in the present and
the future society. The society has been through several modifications in the
past years and law has indeed been helpful in bringing changes but let’s not
forget that societal issues are not disappearing completely on the contrary
they are accelerating. It is time for society to utilize the laws that are existing
efficiently so that the laws can be effective to bring about a social change in
its true sense. Therefore, the solution to the question as to how can the law
be used as an instrument for creating social change lies in the society and its
people itself.

The relationship between law and social change

The term social change is used in several subjects such as economics, politics,
law, and sociology. This says that social change is influenced by several
domains to work out. The subject of law is the most essential among aloof the
above for law is a code that regulates society. Law is the supreme authority
in the hands of the states to regulate what is right and what is wrong in
society. Law is not only present to provide the society with a set of rules
according to which a society should function but also regulations which the
society is supposed to adopt in its own way in order to ensure welfare to the
people living there.

Traditionally, the norms that were followed by society to regulate itself in order
to infuse the elements of uniformity, consistency, development in society. The
norms that were accepted by society took the shape of the law. The people of
society had to follow the norms in their everyday life and contravention of
which would amount to offence either criminal or civil in nature. The same
pattern is being followed at present as well. The only difference that has been
brought about is the amendments in the existing laws in order to renovate
society for a better look. The relationship between law and society is therefore
old and requires nurture and care in order to keep it lively and fresh.

Several researchers have opinionated that law is the best instrument for
regulating social change but at times it is the social change that becomes a
statute itself. Social transformation takes place due to the presence of several
factors in the surrounding. These are the demographic structure,
technological upliftment, change in the ideologies of the people in society,
increase in the welfare of the people in society and so on. It was an American
Judge named Benjamin Cardozo who said that law should not be viewed as a
definite instrument trying to bring in social change but as a flexible
instrument of a necessity to bring in the welfare of the society. This is the
essence of the Indian Constitution as well. The forefathers of the Constitution
were clear with the fact that India after receiving independence should not be
subjected to the similar kind of humiliation in any form as it has been for
several years before 1947. The Indian Constitution can, therefore, be one of
the citing examples to showcase how law can be used to bring in social
change. Law is a very dynamic subject, and that helps it to take the shape of
its surrounding. A society can, therefore, benefit from this subject in a lot of
many ways.

Theories involved in social change

There are two theories depending on which social change can take place. They
are provided hereunder:

1. Linear theory of social change- This theory of social change states

that improvement and advancement in society take place as society
moves to a higher civilization gradually. Therefore with the
transformation of the people in society, society transforms itself.

2. Cyclic theory of social change- This theory of social change states

that the changes that take place in a society is in a cyclic form and
therefore happens again and again. Therefore this theory terms
social change to be continuous in nature without any period of
consistency.

The theories of social change cannot bring in the transformation in the

society, therefore, needs the help of law. What law does is it helps bring these
theories to go through procedures so that they can be implemented. Thus
without legal regulations, social movements cannot be carried out.

Law as a controller of the society

Law can serve society to bring in social change in two different ways which
are provided below:
 1. By providing stability in society and maintain an orderly life within
the society

2. Bring in social change by changing itself so as to adjust with the

demands and needs of the society and its people.

Both these points conclude that the establishment of the rule of law for any
society is important for any democratic country like India. Rule of law tells
that no man can be held to be above the law of the land and thereby ensures
that law is the supreme element that regulates any society. Law is a helpful
agency of the State that brings in a social order that the people have to abide
by in order to avoid unnecessary conflicts that can act as an obstacle for the
overall development of the society. Law can behave as a weapon of the State
to create fear in the minds of the people so that they do not by their actions
infringes the law of the land. Fear is necessary to bring in consciousness and
awareness among the public so that they can think before doing something
wrong and in a way protecting the people of the society from any kind of
injustice that will exploit them and their lives.

Law, therefore, makes a society a place worth living. To understand social

change, it is necessary for the public to be familiar with the law as an
instrument of social change. Mere knowledge about the law among the public
can bring in vast changes in the way a society transforms. The second point
that has been provided above views law as a source of public opinion which
means the state executing actions as have been asked by the public. An
outstanding example of public opinion being moulded in the jar of law is
regarding the defamation bill that the Rajiv Gandhi government wanted to
bring about but subsequently had removed the idea of doing so as there was
opposition from the public’s end regarding the bill. This says that whenever it
is required, public opinion takes the role of law. Thus law can be adjusted in
whichever way the society wants it to be so as to use it as an instrument in
creating a social change.
The Indian Constitution as an instrument for social change

The Constitution of India was brought to force on 26th January 1950 by the
Constitution makers so as to give birth to a transformed India. The
Constitution consists of a set of fundamental rights enshrined in Part III of
the Constitution which provides the citizens with certain rights that are
essential to be regulated in order to bring in a sociological change in the entire
nation. Indians had been subjected to oppression for several years before
independence and therefore the Constitution was brought about as a basic
statute that will govern the movement of all other statutes in the country.

Taking into concern the then existing social structure of the country, the
constitutional makers made it sure that the Constitution should not leave out
any social aspect that would not come under the ambit of protection. As have
been correctly pointed by the chairman of the drafting committee of the
Constitution, Dr B.R. Ambedhkar, the Constitution of India can be amended
as and when the society calls for it other than the basic structure of the
Constitution. This has also been taken into view when the Supreme Court of
India was handling the famous case of Kesavananda Bharati v.Union of
India. It is the fundamental rights that is one of the ingredients constituting
the basic structure of the Constitution. The fundamental rights within its
ambit include certain basic rights that are applicable to every Indian citizen
irrespective of their background.

Article 14 of the Constitution talks about the right to equality and equal
protection in the eyes of law. This very Article of the Constitution promises
the rule of law as the very essence of the Constitution. Along with Article 14,
the Constitution provides with several other Articles as well which have played
a key role in bringing social change. It is not just the fundamental rights that
the Constitution provides but also a set of principles that are to be followed
by the State to regulate the social changes taking place in the nation. These
principles came to be known as the Directive Principles of the State Policy
provided in Part IV of the Constitution. Although there is no provision which
says that these set of principles that explicitly provided for the State to adopt
and follow are enforceable in the court of law, these principles are necessary
so that the State does not fail to provide social justice to its people.

Social issues like poverty, discrimination, forced labour, untouchability have

been deeply rooted in Indian society for several years. After the Constitution
was enforced, these social issues were taken into the concern to be resolved
and it is indeed true that India has overcome several social problems affecting
the people and the nation at large. The Indian Constitution majorly had been
brought about to maintain a balance between individual freedom and
promulgation of social justice in the nation. It can be said that collectively
Part III and Part IV of the Constitution together has been a driving force to
bring in a social revolution in the country and therefore they formed a
conscience for the Constitution.

Ways in which law can be used as an instrument for creating social change

Law as an instrument for creating social change can be used in two broad
ways namely:

1. The laws bringing in a change in society

2. The society is bringing in a change in the law

When one says that laws are bringing in a change in the society he or she
means that law is making the society follow it in order to bring in a difference
or a change in the atmosphere that is already in existence. For example,
untouchability has been a long drawn social issue. Article 17 of the
Constitution of India declares that untouchability should be prohibited.
Therefore the law in a way brought in a social change by abolishing the social
issue to a great extent. Now if anybody does practice untouchability, he or she
will be held guilty of violating the law of the land. Whereas when the society
brings in a change in the law it means that society is adjusting itself to law
the way it wants. Sati was a practice that forced the wives to be burnt alive
along with her dead husband. This custom was mandatory to be followed
among the Hindus. The society brought in reforms to abolish this practice.
Therefore, in a way the society brought in a change in the existing law.

Law: the ideal weapon for creating social change

There have been several social aspects that the law has concerned and tried
to bring a change in. Justice PN Bhagwati had once said that the
responsibility of providing life and infusing blood into a structure of legislation
to create a living element that can meet the needs of society lies on the judges.
Law as a subject cannot by itself regulate or bring about social change without
the help of the lawmakers. Therefore, a way by which law can be used as an
instrument for creating social change is by the judges who are the holders of
law. The world as a whole has been facing certain social hurdles that have
been a drawback for the developments taking place in the world. Before
heading towards how the law has been a driver to the society’s car, it is
necessary to be aware of certain social issues for which the law has actually
worked and should work more in order to erase the issue completely from the
world. Some of these major social issues that require the law to come to the
ground and be an instrument for social change have been discussed below.

Racial discrimination

Racial discrimination is one such social issue that has been haunting several
parts of the world until now. Racial discrimination involves spreading of
inequality between two groups of people on the basis of skin colour or their
ethnic origin. As most Americans have said that the world still has to go a
long way to eliminate racial discrimination, statistics also reveal the same.
Parts of America, Africa and India have been facing racial discrimination on a
severe basis. Racial discrimination welcomes inequality in the society which
is unfair and not right. Taking into view a picture of America, the people have
revealed that law has been effective to some while have relatively also failed
to get in touch with many regarding racial discrimination. The Americans say
that while the democrats will be of the view that equality in terms of colour
has not been achieved yet, the Republicans will be of a view that the law has
already done its job of bringing equality between the Blacks and the Whites.
Several countries have brought in anti-discrimination Acts to drive away
racial discrimination also.

Climate change

An issue that has been recently added to the list of social issues is climate
change. Climate change is a social issue because it is affecting the society at
large in a lot of many ways. Several great men have said that treating climate
change as a social issue will involve more participation of the people so as to
be aware of the circumstances that it can lead to. Typhoons as a result of
climatic changes have started affecting several regions of the South Pacific
already. Several other parts of the world are facing issues related to climatic
change. The earth is slowly losing its biodiversity to this issue. Conventions,
discussions, treaties are being carried out to curb this social issue from
getting enlarged. The usage of law by means of treaties, acts and conventions
shows that law indeed is an instrument to create a social change.

The exploitation of women and children

The exploitation of women and children has been a common social issue for
the entire world. This is one such social issue which indeed follows the cyclic
theory. Women have always been subject to suppression for men taking
dominance over them. This has also initiated the rise of crimes against women
compared to that of men. The exploitation of children in terms of child labour,
child abuse, child marriage, child trafficking are common insights. There have
been several laws by which these factors have been regulated to bring in a
social change and upheld children rights so as to provide them with an
environment where they can grow to become responsible citizens of the
nation.
The social issues that have been mentioned above are categorized as some of
the major social issues that the world is facing now and it is only through
legislations that a change can be brought in the society.

Law as an instrument of social change in India

India being a diverse nation, has different groups of people living in it and in
India, the effect of the society on the people is comparatively more than other
nations for the fact that there exists a lot of traditions, customs, and cultures
in Indian society that influence the public in a large way. Law has been a very
influential instrument for the nation to bring in social change both in the past
as well as in the present. Several judgments have also been passed by the
Indian courts relating to social issues that have made people aware of the
laws that are existing so as to prevent themselves from getting affected by
social issues. Some of the social changes that have been created by law being
an instrument of the same have been provided below.

Fundamental Rights in the Indian Constitution

Fundamental rights have indeed been a reflection of law as an instrument for

straying social change. Fundamental rights enforced right to live freely
under Article 21, right to free and compulsory education, right to equality
under Article 14, right to freedom under Article 19 and several other rights
that prove to be essential to make a difference in the existing society. The
fundamental rights are enforceable in the court of law which says that the
people can approach the court if there is any contravention with the
fundamental rights. Right to free and compulsory Education under Article
21A was a new addition under the right to life in the year 2002. The society
felt the need to educate its children in order to make them more aware of the
social change taking place around him or her. The way it was carried out was
by law so as to make education a compulsory necessity for all children up to
14 years of age.
Public Interest Litigation

Public interest litigation has been one such mechanism that the Supreme
Court gifted to the citizens in order to create a divergent approach towards
law on the part of the people. Public interest litigation serves as an instrument
using which a person representing a group of people can approach the court
on grounds that they are affected by something which is necessary to be
prevented to avoid further sufferings. By offering public interest litigation to
the citizens, the Supreme Court has been able to reduce the extent of the locus
standi thereby enabling any public-spirited person to approach the court
without any hesitation. This was indeed a great social change brought by the
Indian judiciary once again proving that law can be used as an instrument to
create social change in a way as and when required by the society. Public
interest litigation has been able to provide a great impact on society in a
number of cases. A notable among all of them is the MC. Mehta v. Union of
India. In this public interest litigation, it was urged to the Supreme Court to
provide people to live in an environment that is free and healthy in terms of
water, air and the surrounding and was held that these necessities came
under the ambit of Article 21 of the Constitution.

Child marriage

India being the home of various religions has seen a number of traditions and
customs that became law for several years even if the customs or the
traditions were not upright and fair. Child marriage is one such unfair
customs that use to prevail until the coming of the Child Marriage Restraint
Act, 1929. This Act was further amended in the year 2006 and came to be
known as the Prohibition of the Child Marriage Act, 2006. Child marriage is
in one-way exploitation against the girl child. In an age when children should
pursue education, they are married in order to remove responsibilities on the
part of the parents and society. The impact of the same on the child is severe.
The legal force was necessary in order to remove this social issue from society
because society was in need of the same. Therefore legislation was brought in
for the society to follow in order to create a social change.

Rape

More than just being a social issue, rape occurs due to the mindset of the
people in the nation. Rather than categorizing it as to who commits it and who
suffers and keeping a mainstream discussion, rape can simply be defined as
sexual exploitation of a person by another person for the satisfaction of the
latter. It is only through law can there be a change in the mentality of
individuals in the society so as to stop committing such a heinous offence.
India has seen a steep rise in rape cases among the females which also say
that before making the girls of our society aware, it is necessary to educate
our body on the larger part. A social change by bringing change in the minds
of the people can be brought about by creating a strong deterrent for the
offenders which can as well act as fear for them and make them think before
committing anything of this sort.

Section 377

Section 377 of the Indian Penal Code,1860 that use to criminalise unnatural
offences that is if intercourse takes place between two men or between two
women, the same will be declared as an offence under this provision was
scraped off by the Supreme Court of India on the grounds that homosexuality
is no more an offence in the eyes of law. Supreme Court in the landmark
judgment of Navtej Singh Johar v. Union of India decriminalised all kinds of
consensual sex among adults which were inclusive of homosexual sex also.
This decision by the apex court brought in a revolutionary change in the
Indian society, traditions and beliefs. It was a welcoming judgment for the
majority of the people especially the queer community. The Supreme Court
in a way established Article 21 once again placing that every individual has a
right to life and personal liberty which should not be curbed due to societal
norms.
Loopholes in the law to make a social change

We have previously dealt with the fact as to how can the law be used as an
instrument for creating social change along with the fact as to how has the
law been useful in creating an impact in society. It is now necessary to pint
out the drawbacks of law as an instrument for creating a social change so
that such drawbacks can be taken care of in order to enable law as an efficient
instrument in bringing about a social difference. We have discussed several
social issues that have been controlled by the enforcement of law but have
not been removed yet.

As social issues take time to remove, the law should be strong enough to
accelerate that change. Rape laws have been laid down but rapes are not
decreasing. Every other day in the newspaper there will be a rape incident
that has taken place. This clearly states that the laws that are already present
are not strong enough to bring about social change. Racial discrimination and
caste discrimination are being faced by the world until today. Protests, mass
gatherings, everything are failing because the laws that are present are not
having a strong root to bring in a social impact. Homosexuality has been
brought to the mainstream but not many accept the same as it goes against
the social norms. It is, therefore, necessary to address these social issues with
stronger law enforcement so that people start taking the laws seriously and
carefully.

Conclusion

Coming towards an end of the discussion regarding as to how a law be used

as an instrument of social change, it can be said that law is already an
instrument present to bring in a social change and to be precise it has brought
in a lot of social changes but it still has a long way to go in order to bring in
societal transformation.