Laws and Social Change ( Sociology Optional)

EN

Background

• Laws have been created to achieve desired goals. In fact, the attempt to change society through law is an important feature of the modern world. This is visible in almost all developed and developing societies.
• The Soviet Union and several east European countries, for example, have successfully made largescale social changes through laws like income redistribution, nationalization of industries, land reforms and provision of free education etc to initiate change.

Introduction

• Law, the discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community.
• Enforcement of the body of rules is through a controlling authority.
• Laws are enacted by legislatures. They are always written and recorded in some manner.
• They are interpreted by courts and enforced by administrative agencies like Police. For example, the nature of punishment and the procedures for giving such punishments for theft or robbery are all mentioned in law books.
• There is a reciprocal relationship between law and social change. Law is both an effect and cause of social change. Law includes all patterns of socially expected rule enforcement.

Thinkers’ Perspective

• Kant defined it as “a formula which expresses the necessity of an action”.
• Krabble defines Law as “the expression of one of the many judgments of value which we human beings make by virtue of our disposition and nature”.
• Green Arnold defined “Law is more or less systematic body of generalize rules. Balanced between the fiction of performance and the of change, governing specifically defined relationship and situations and employing force or the threat of force in defined and limited ways”.

Understanding Laws and Social Change

There is a reciprocal relationship between law and social change. Law is both an effect and cause of social change. Law includes all patterns of socially expected rule enforcement.

In this sense, it covers all customs or rules whose observance is required and enforced by a recognized authority. Social Change, in sociology, the alteration of mechanisms within the social structure, characterized by changes in cultural symbols, rules of behaviour, social organizations, or value systems.

There are two category of law- Criminal law and Civil law.

• Criminal laws prohibit actions disruptive to society such as theft, murder or fraud.
• Civil laws, on the other hand, regulate the rights of individuals such as resolving Property disputes. Civil law takes many forms depending upon the nature of social life involved. They may be commercial, constitutional, and family laws.

Laws have been created to achieve desired goals. In fact, the attempt to change society through law is an important feature of the modern world. This is visible in almost all developed and developing societies.

The Soviet Union and several east European countries, for example, have successfully made largescale social changes through laws like income redistribution, nationalization of industries, land reforms and provision of free education etc of the effectiveness of law to initiate change.

Origin and Applicability of Laws in Indian Society

• Indian society in the nineteenth century was under a bunch of inhuman customs and practices like Untouchability
• The degrading position of women, Child marriage, widowhood and the cruel practice of sati etc. put women to lifelong misery and humiliation.
• These inhuman practices were, however, challenged by social reformers and the British Indian Government responded by enacting several social legislations.
• It was only during the British rule that radical transformation took place in the legal and judicial system of the country. It even brought domestic and personal life of the people under its purview.
• In many cases laws interact directly with social institutions and brings about obvious changes. For instance, a law prohibiting Polygamy has a direct influence on society. It alters the behavior of individuals.
• On the other hand, laws play an indirect role also by shaping various social institutions which in turn have a direct impact on society. The most appropriate example is the system of compulsory education which enables the functioning.

Few social legislations before Independence are as follows:

• The practice of sati (widow burning) was declared illegal in 1829.
• The Hindu Widow Remarriage Act of 1856 legalised the remarriage of the Hindu widows.
• When the members of the Brahmo Samaj in Bengal started facing problem in marriage, a Native Marriage Act was passed in 1872. This Act worked like a civil marriage law under which people outside any religious fold could marry.
• Another Important legislation linked with marriage was the Age of Consent Act of 1891. The Act prohibited the performance of marriage for girls below the age of twelve.
• The Factory Act of 1881 addressed the issue of the welfare of factory workers.
• The Bengal Tenancy Act of 1885 introduced reforms in land tenure system.
• The Press Act of 1878 was a landmark in the field of mass communication.

Social Legislation in independent India:

• Laws have been passed to eradicate social evils in the form of Fundamental Rights or various laws and regulations with help of the provisions mentioned in the Indian Constitution.
• For Instance, Under Article 17 of the Indian Constitution, to prohibit untouchability is prohibited and its practice in any form is made punishable.
• This Act was further amended as the Protection of Civil Rights Act in' 1976. According to this Act, an untouchable (Scheduled Caste) has access to all public places including places of worship.
• Though this legislation has not been fully able to eradicate the practice of Untouchability, but it definitely attacked caste prejudice.
• Other important legislations in independent India: The Special marriage Act of 1954, The Hindu Marriage Act of 1955, the Persons with Disabilities (Equal Opportunities Protection of Right and full Participation) Act, 1996, the Juvenile Justice Act, 2000, The Land Transfer Act of 1971 passed by the Meghalaya State etc.

Conclusion

The law-making system in every society produces legislations concerning various aspects of life. Legislation may be of different types. Some of them are framed to maintain law and order in society. Such legislations act as a mechanism of social control to maintain social stability. In contrast, some legislation are applied to remove social evils and change the conservative faiths and beliefs. The term social legislation is used to depict these legislations. Social legislations play a dynamic role in society. They are effective instruments of social change.