Law and Social

Change

 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 adoption
 
 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.
 Society and Law

 Static and progressive societies
 Economic, scientific and technological developments
 Evolution of law in
ancientsocieties
 Progressive societies develop their laws by three
means:
1. Legal fiction
2. Equity
3. Legislation
 Hindu Law

 Vedas and smritis
 Dynamics of Law

 Law should withdraw outdated rules and law down
new rules for changed situations and circumstances
 England- conservative society less prone to changes
 America- Gradual moulding of law to meet social
changes
 India- colonial law not responsive to social needs
Socio Economic changes
-Legislation

 Reforms of law
1. Land law
ceiling on land holdings, panchayats etc.
 
2. Labour Law
Industrial Disputes Act, 1947
Payment of bonus Act, 1965
Maternity benefits Act, 1961
Minimum wages Act, 1948
 
 Family Law
Hindu Marriage Act, 1955
Hindu Succession Act, 1956
Hindu Adoption and Maintenance Act, 1956
Hindu Minority and guardianship Act, 1956
Dowry Prohibition Act, 1961
 
 Removal of social evils and disabilities
Untouchability Offences Act, 1955
Madras Prevention of Devdasi Act, 1947
 Supreme Court and
Socio Economic
 Changes
 Interpretation of Constitution
 Fundamental Rights
 Directive Principles
 Rule of Law- Natural Justice
 Public Interest Litigation
 Interpretation of welfare legislation
 
 Conflicts between judiciary and legislature
 Full effect of legal changes still to be realised
 In all societies there is interaction of social forces and
law
 Adjustment of law to social needs is a continuing
process
 New problems care and caution needed.