LAW AS AN INSTRUMENT OF SOCIAL

CHANGE
• People have common needs which require
concerted efforts
• This have also dissimilar needs which require
mutual adjustment
• One cannot live without depending on others
• Social interdependence inevitable
 Law to suit new situations
• An society alters, new situations arise
(reproductive technology, computers, cyber
crime)
• Legal system to suit to new situation
• If law unalterable, changes to be brought
about by violence
• Law capable of adaptation
• It is flexible
• It allows for peaceful change by legislation,
judicial development
• Legal system to be stable in short period
flexible in long run
• Law to undergo progressive change to serve
need of society
Law as an instrument of social change

• In static societies, law can be used as

instrument of social change
• Law induces patterns of behavior conducive to
prosperity
• Where there are evil customs, they can be
eliminated by law (sati)
• Law abolishes those customs (child marriage)
• It is instrument to achieve peaceful change.
Legislation to bring about social change

• Law as an instrument of change

• Recent origin in our country
• The British initiated it
• Legislation to exercise social control
• To sustain social structure
• In modern age, society ahead of prescribed
law
• Legislature makes the law which is intended
for social change
• To bring about social change by influencing
behavior, beliefs values
• In dynamic societies, social norms are ahead
of legal words
• It is necessary to bring the legal code in
conformity with values.
 Humanistic Values
• Legislation lays emphasis on humanistic
values.
• Many customs which violate values legally
abolished – Prohibition of Sati Act 1829.
• Widow Marriage Act, 1829,1856
• Prevention of Female infanticide Act,1870
• The child Marriage Restraint Act, 1929
• Constitution guarantees equality, freedom
before law, without discrimination of religion,
caste, sex, place of birth (article 14)
• Article 17, untouchability abolition
• Article 24, child labor below 14 years not to be
employed.
• After 1950, govt enacted many social
legislations.
Social legislative and social norms
• Social legislation based on social norms
• No legislation can change social norms
• Social norms not formed, nor imposed from
outside.
• Social norms arise with in the group
• Social norms implanted in child by
socialisation.
• Monogamy under Hindu Marriage Act, 1955
already a social norm
• Social laws effective, where they follow existing
norms.
• Legislation cannot initiate change in social norm
• Laws to be effective, where people understand
new values in new law.
• Parents to help child to internalize the new legal
norm as social norms.
Some Acts which brought social change

• Hindu Marriage Act 1955, enforced

Monogamy
• It provides equality of sexes by providing for
separate, divorce, dissolution of marriage
• Untouchability is offence under untouchability
offence Act 1955
• The Hindu Succession Act, 1956 confers
absolute right over the property possessed by
woman
• Daughters, along sons are succession to an
inheritance from intestate Hindus
• By Dowery Prohibition Act, 1961, giving or
receiving dowery made punishable.