ROLE OF JUDICIARY IN BRINGING SOCIAL CHANGE

-By GAURANSHI JINDAL

I NTRODUCTI ON

◦ Law as described by various sociologists

◦ law is made up of guidelines established by society to regulate human behaviour.
◦ Any civilised nation's law is not set in stone; instead, it adapts to the needs and conditions of the community.
◦ According to Roger Cotter, "Social change is thought to occur only when social structure, or established social norms
and social roles, changes."
◦ Social change
◦ Sociologists use the term "social change" to refer to typically large-scale transformations.
◦ Some examples of social change include industrialization and the transition from rural agrarian, feudal or traditional
societies to modern, industrial societies; the emergence of capitalism; democratisation; and most recently, globalisation.
◦ Role of law in social change
◦ Law and social structure are inextricably linked to one another.
◦ developments in social policy, the Indian Constitution has included the Uniform Civil Code into Article 44. It denotes a
unified code of behaviour for all people of the country, one that does not recognise differences in caste, religion,
parentage, community, or cultural recognition, and it also denotes
◦ Article 21's protection of life and personal liberty in the face of societal transformation.
◦ The right to a speedy trial, the right to free legal service, the right to human dignity, and the right against torture are
some of the components that have been made a part of the basic rights in this article on modern prison jurisprudence.
◦ Role of law and judiciary in social transformation in India
◦ man is a social animal, when we talk of societal change, we are also implying that there has been a movement in the way
people think, the values they hold, and the way they live.
◦ the Indian Supreme Court has a substantial influence on the growth of Indian society- ways in which the judicial system
actively contributes to the evolution of society.
◦ The judgement of the environment, the fundamental right to life, social justice with a focus on women and children, and
responsibility in public governance.
◦ Indian judicial system functions as a catalyst for societal transformation.
◦ The use of the legal system and Judiciary as an instrument for effecting social change in India
◦ that Indian society is comprised of a wide variety of traditions, customs, and cultures
◦ The courts in India have also issued a number of rulings dealing with social issues.
◦ These judgements have educated the general public about the rules that are in place to protect them from the challenges that
society presents.
◦ The Fundamental Rights outlined in the Indian Constitution
◦ The right to live one's life according to one's own preferences protected by Article 21
◦ right to an education that is both free and compulsory, protected by Article 19
◦ If an individual's basic rights are violated, they have the ability to seek redress through the legal system since these rights are
recognised and protected in a court of law.
◦ Public interest litigation
◦ Public interest litigation is one instrument of this kind that the Supreme Court makes available to the general public
◦ A person who is acting as a representative for a group of people has the ability to utilise public interest litigation as a tool to petition
the court on the grounds that their suffering must be halted in order to prevent further people from suffering.
◦ This has made it possible for any anyone with a concern for the general public to approach the court without any reservations.
◦ This was a tremendous social revolution that the Indian court brought about, illustrating once more that the law may be exploited as a
tool to bring about social change when and how the community wants it.
◦ Child marriage
◦ India is the area of origin for a great number of distinct religions, a great number of customs and practises have been observed there
for a great many years despite the fact that they are neither just nor equitable.
◦ Article 377
◦ the Indian government no longer considers homosexuality to be a criminal offence, the Supreme Court of India decided to do away
with Section 377 of the Indian Penal Code, which was enacted in 1860. The clause known as Section 377 was once responsible for the
criminalization of unnatural offences.
◦ This means that if sexual activity takes place between two males or two women, it will be considered an offence under this provision.
◦ Navtej Singh Johar v. Union of India in which it decriminalised all types of consensual sexual activity that takes place between adults,
including homosexual intercourse.
◦ Because of this decision made by the Supreme Court, the traditions, practises, and beliefs of the Indian people went through a
profound upheaval. In a way, the Supreme Court re-established Article 21 by finding that everyone has a right to life and personal
freedom, which should not be curtailed.
◦ Bringing about social change through the use of legal loopholes
◦ social problems are difficult to eliminate quickly, the law has to be as robust as possible in order to speed
up the transition.
◦ Despite the fact that there are laws against rape, the number of rapes is not becoming lower. Every other
day, the newspaper would carry an account of a rape that took place somewhere in the world. This makes
it very clear that the rules that are now in place are woefully inadequate to bring about necessary social
change.
◦ Today, discrimination based on race and caste may still be seen in many parts of the world.
◦ Even while being homosexual is becoming more socially acceptable, very few individuals really practise
it since it goes against what society expects.
◦ As a result, it is very necessary to address these societal problems with stricter law enforcement in order
to get people to start obeying the rules in an attentive and serious manner.