Open Access Research Article
Social Change and the Law: How the Law Affects Society (By- Swarna Mullick)
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Article Details
Social Change and the Law: How the Law Affects Society
Authored By- Swarna Mullick
(Symbiosis Law School, Pune)
Abstract
The rule of law
serves as the cornerstone and backbone of all organizations and nations,
molding and guiding society's operations through its guiding principles. A
community or a collection of individuals with similar or shared interests, such
as social conventions, habits, beliefs, and culture, is referred to as society
in contrast. Therefore, these shared interests serve as the foundation for
social norms. People who don't obey society's rules frequently experience
social rejection and ostracization.
Law is
undoubtedly a crucial element of societal control and has a significant impact
on society. The change of society is its main goal. The rule of law cannot,
however, eliminate all social evils or criminal activity on its own. Even the
law occasionally falls short of its capacity and the goals it was intended to
achieve. Even though several laws and significant court rulings have been made
throughout the course of history in an effort to eradicate social issues, these
problems still exist today. As a result, there is still a long way to go in
terms of the law before we can create a society that resembles paradise.
KEYWORDS: Law, Society,
Social Change
Introduction
Law is the foundation
and bedrock of institutions and countries, molding and shaping the way society
functions through its guidelines and principles. In comparison, society is
deemed as a community or a group of people with similar or common interests
like social customs, habits, beliefs, and culture. The rules of society are hence
based on these common interests. Those who fall short on following the rules
set up by society generally end up being socially disapproved and ostracized.
Law
and society are two inseparable entities of an institution. One cannot survive
without the other. A lawless society is a breeding ground for mayhem and chaos,
but at the same time, laws also need to adapt as the society progresses in
order to sustain itself in the legal world. [1]Thus
it is pertinent to nourish a harmonious relationship between law society. The
aim of the law is to fulfill two objectives concerning society:
l
Maintain peace and stability, provide an
orderly life to the citizens.
l
Induce societal change and adapt itself
according to the needs of the changing society.
Thus, we can say that law is an essential factor to
maintain societal order.
The legal guidelines and rules prescribed in any
Constitution form the bedrock of democracy. By instilling fear in the minds of
the citizens, the law dictates the social order of the society. It modulates
the conducts and practices of its citizens by using force to make people follow
their legal and moral obligations.[2]
Several landmark cases throughout the course of history have been responsible
for shaping the society into what it is perceived as today, e.g. R. v.
Morgentaler [1988] 1 S.C.R. 30[3],
which deal with the then sensitive topic of granting abortion rights to women, Andrew
v. Law Society of British Columbia[4]
which gained prominence for cementing a precedent of having a structured
approach to issues pertaining equality and analogous characteristics that
deserve protection.
Contents
India is a highly diverse country that inhabits various
forms of societies and people from different cultures. The impact of culture on
the varied sections of the Indian society is undeniably more than, say, the
impact of the culture of other countries on their respective countrymen. Thus,
the existence of customs and traditions impact Indian society in a highly
effective manner. Law has been very influential for bringing people of
different cultures together and for maintaining order in society. In India,
several judgments and acts were passed, which affected the functioning of
society in various positive ways and transformed society. These laws have also
made the general public conscious and aware of the social ills and stated
measures to prevent and avoid them. Some of these landmark judgments and acts
that changed the face of society are as follows:
1) Prohibition of Child Marriage: The practice of child marriage was very
prevalent in India across various religious and cultural groups. Plenty of
reformers made numerous efforts to change this system but were unsuccessful in
bringing change until a law prohibiting Child Marriage was passed. The Hindu
Child Marriage Restraint Act[5]
was replaced by the Child Marriage Act 2006[6],
which introduced youngster marriage restriction officers[7]
along with the power of the family court to choose an issue under the Act.
Failure to comply with Act will result in the imposition of rigorous punishment
on the accused, which may extend up to 2 years along with a fine extending up
to 1 lakh or both.
2) Abolition of Sati System: The age-old practice of the widow burning
and buried alive in the fire along with her husband's corpse was known as Sati.
This practice has held a high sense of respect and honor among Hindu families
since the ancient times. This dreadful ancient practice was criticized and
opposed by many prominent reformers like Raja Ram Mohan Roy, but the practice
could not be curbed as it was considered a part of the traditions and customs
of the Hindu society. Thus eventually, a law to abolish the practice of Sati
was passed by then Bengal Governor-General Lord William Bentick on 4th December
1829. The practice was exclusively
barred in Bengal Presidency by Lord Bentick. The practice
was formally declared illegal and a punishable offence by the criminal courts.
Although in post-independent India, the practice wasn't efficaciously
suppressed, and as a result, the Legislature passed the Commission of Sati Act
1987[8]
under which abetment to Sati[9]
attracted a punishment of life imprisonment. As a result of these enactments to
curb this practice over the years, Sati has become a deserted practice in most
areas of the country.
3) Decriminalization of Section 377 of the Indian
Penal Code: India is a
country that has been quite backwards when it comes to matters about sex, even
more towards issues of homosexuality. The Indian society refuses to acknowledge
sexual orientations outside the binary sphere. They deem it as a mental
illness. Same-sex couples have faced the harsh reality of homophobia and have
had to constantly live under the banner of shame. This regressive approach
towards the LGBTQIA+ community was evident in numerous cases of harassment,
eve-teasing, rape directed towards the community. Various protests and dissent
fueled campaigns were carried out homophobia but were futile at changing the
obdurate homophobic Indian society until the Supreme Court eventually
intervened. The Supreme Court of India, on 6th September 2018, in the case Navtej
Singh Johar & Ors v Union of India[10]
,decriminalized Section 377[11]
of the Indian Penal Code, thereby legalizing private homosexual relationships.
It was a historical landmark judgment for the betterment and progression of the
LGBTQIA+ community and called for a stringent change in opinion and views of
the Indian society on their draconian opinions on homosexuality.
4) Widow Remarriage Act: The Indian society held back the life of
widows and prevented them from moving on in life as they had a duty to
safeguard their family's honor and property. This patriarchal ideology prevented
a widow from remarrying all in the name of society and family honor. The Indian
activist Ishwar Chandra Vidyasagar ardently campaigned for the rights of
widowed women and rallied against society for employing the regressive custom.
The Britishers, upon witnessing the efforts of Ishwar Chandra Vidyasagar,
passed the Hindu
Widow’s Remarriage Act in 1856[12],
which allowed a widow to remarry, granted rights and provided legal safeguards
to the widow in cases of loss of inheritance. Thus, this Act prevented widows
from living in abject austerity and misery, thereby empowering them to claim
the fundamental human right of choice without society's influence.
5) Female Infanticide: The despicable practice of
female infanticide has been prevalent in Indian for centuries. It traces its
origin from poverty, dowry, desire for a male child, lack of support for the
female child, and postpartum depression. This inhumane practice led to the
imbalance in the gender ratio of India. To counter this practice and save the
girl child from the shackles from this age-old custom, the Pre-Conception and
Pre-Diagnostic Act 1994 (PCPNDT)[13]
was passed that banned prenatal sex determination[14].
This Act was bought into force to prevent female infanticide and curb the
declining sex ratio. The punishment under this Act was imprisonment extended up
to 3 months and a fine that may extend up to Rs. 1000[15].
6) Criminalization of Triple Talaq: Triple Talaq was a form of instant divorce
that was quite prevalent in the society of Indian Muslims from the early ages.
This custom allowed a Muslim man to divorce his wife legally by just saying the
word "talaq" thrice in oral, written or electronic form. This custom
was subject to much controversy and debate as it put Muslim women in a position
of weakness and vulnerability by denying them fair justice, basic human rights
and stirred up the blatant violation of human rights. The matter was up for
debate between the Government of India and the Supreme Court of India, keeping
into consideration the Indian society. Eventually, on 22nd August 2017, in a
landmark judgement of the case of Shayara Bano v. Union of India &
Others[16],
the Supreme Court of India declared the practice of instant triple talaq
unconstitutional. Following
this on 31st July 2019, The Muslim Women
(Protection of Rights on Marriage ) Act[17]
was passed, that criminalized Triple Talaq and intended to safeguard the legal
rights of Muslim women.
These are the few landmark judgements and
Acts that were passed that greatly influenced and had a commendable impact on
Indian society positively. Additionally, numerous decisions based on the
articles of fundamental rights like the Right to Free Education (Article 21 A )[18]
and Prohibition of Child Labour (Article 24)[19]
also constructively affected the Indian society and led to the progression and
the betterment of the Indian society.
Analysis
The
various judgements passed and Acts enacted primarily acted as a medium of
change in Indian society. But many of these judgements and acts garnered
controversy. Certain customs and traditions such as Sati, Child Marriage and
enactment of the Widow Remarriage Act were not wholly welcomed by the Indian
society.
In the case of the
Abolition of Sati Act, the Hindu community protested that it was incorrect of
the Government to pass such an Act as it directly went against their Hindu
customs and traditions.
The Widow Remarriage Act also drew considerable
criticism from the Indian society, who cited that it was a sacred tradition
that has been followed for centuries. A change in attitude was noticed
pertaining to the remarriage of widows, but the issue as a whole still remained
stigmatized.
A decent number
of Indian citizens widely accepted the decriminalization of Section 377 of the
Indian Penal Code, but at the same time, it is still not acknowledged by a
sizable part of the Indian society. The internalized homophobia still exists
within them. Many of them deem homosexuality as
a mental illness that requires a cure. As a result,
homosexuality still remains a sensitive and an unacknowledged issue in India.[20]
Female infanticide has, in fact, effectively
reduced in many parts of the country, but in certain regions, the practice does
exist. Through illegal means, the alleged culprits find out the sex of the
fetus and murder it if it is a female child. The driving factors in these
backwards regions are the desire of a male child and the preconceived notions
of a female child being considered a burden.
The criminalization of
Triple Talaq was widely celebrated amongst the masses because of its oppressive
measures to deny Muslim women their rights, but the practice was publicly
supported by The All-India Muslim Personal Law Board, which conveyed that
although it can be considered as a sin by some, it is a "setting the validity
of customs and practices of a community is a slippery slope". They
asserted that the state should not intervene in matters concerning religion.[21]
Conclusion
Law
is an obviously essential component of societal control and wields an enormous
amount of influence over society. Its primary function is to effect social
transformation. However, the rule of law alone cannot prevent all societal ills
and put a stop to criminal activity. Even the law, on several times, fails to
live up to its potential and accomplish what it set out to do. Even if a great
number of laws and landmark court decisions have been issued throughout the
course of history with the intention of eliminating societal ills, these things
have not been completely eliminated. Therefore, in terms of the law, there is
still a significant distance for us to travel before we can establish a
community that resembles a paradise.
Article Information
Social Change and the Law: How the Law Affects Society (By- Swarna Mullick)
Author Name: Swarna Mullick
Title: Social Change and the Law: How the Law Affects Society
Email Id: swarnamullick@gmail.com
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/06
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
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