INTRODUCTION
According to the Chief Justice of England Lord Woolf: – “Like old clock, our judicial institutions need to be oiled, wound up and set to true time”.
Change is the mandatory for a society which is progressive. India has had many social evils that prevailed in the society and the need for social change was required for it to move on the path of development. social change is necessary within the society, for development. But this change can be made by the tool of law so as not to be obstructed by customs or usages. The society becomes habitual to certain custom or usage then it becomes difficult to bring about change, in that case, law is the strongest instrument to bring social change. If law prohibits any acts then it has to be punishable. For example: in India law prohibits Sati, child marriage, child labour, polygamy, untouchability also provides punishment for the same.
Elements of social change
• Geographical
• Biological
• Economic
• Cultural
• Political
• Population
Definition of social change
The word change is used to denote a difference in anything observed over a period of time.
Social change is a term used to describe variations in or modifications of any aspect of social process, social patterns, social interaction or social organization.
According to Davis “social change is meant only for the such alterations as occur in social organization and function society”.
Nature of social change
Social change can be put into two categories:
• Modifications & replacement
Main characteristics of social change
• Social change is universal phenomenon
• The speed of social change can’t be predicted
• Social change is chiefly those modifications and replacement
• Social change occurs as an essential law
THEORIES OF SOCIAL CHANGE
Five theories of social change are
A. Evolutionary Theory of Social Change
This theory shares an important conclusion that the course of man’s action is marked up ‘upward’ trend through time. The notion of evolution came to social science from the theories of biological evolution. Charles Darvin, the British biologist who propounded the theory of biological evolution, showed that the species of organisms have evolved from simpler organisms to the more complicated organisms through the process of variation and natural selection.
Assumptions and distinctive features of evolutionary change
• Change is inevitable & natural
• Change is continuous
• Change is sequential and in certain stages
• Change is progressive
• Stages of change are non-reversible
• Forces of changes are inherent in the object
• The direction of change is from simple to complicated
• All societies pass through same stages of development
Types of evolutionary theory
a) Theory of unilinear evolution: according to this theory, change always proceeds toward a predestined goal in a unilinear fashion. There is no plan repetition of the same stage.
b) Universal theory of evolution: which states that every society does not necessarily go through the same fixed stages of development
c) Multilinear theory of evolution: this theory hold that change can occur in several ways & that it does not inevitably lead in the same direction.
B. Cyclic theory of social change
This theory is a variation in unilinear theory which was propounded by Oswald Spengler and Arnold J. Toynbee. they argued that society and civilizations change according to cycles of rise fall and decline just as like individual person are born, mature, grow, old and die. According to Oswald Spengler every society has a predetermined life cycle. Society after passing through all these stages of life cycle returns to the original stage and thus the cycle begins again.
C. Economic Theory
This theory of change is also known as Marxian theory of social change. Marx believed that the class struggle was the driving force of social change. society evolves from one stage to another by means of struggle between two classes. Marxian theory rest on the fundamental assumption that changes in the economic infra-structure of society are the prime movers of social change.
D. Conflict Theory
This theory contends that the institution and practices continuous because powerful group have the ability to maintain their status quo. Change has a crucial significance, since it is needed to correct social injustice and inequalities. Conflict theorist believe that conflicting groups struggle to ensure progress. They assert that conflict is a necessary condition of social change. It must be the cause of change. There is no society changing or unchanging which does not have conflict of some kind or another. Thus, conflict is associated with all types of social change in some way or other.
E. Technological theory
According to this theory change in technology is the prime factor of social change. Social change takes place due to the working of many factors. Technology is not only one of them but an important factor of social change. It is believed that max has attached greater importance to technology in his scheme of mode of production and relationships. Technology effects directly and indirectly. Certain social consequences are direct result such as new organization of labour, destruction of domestic system of production. Its indirect consequences are the increase of unemployment, the heightening of competition etc…
DETERMINANTS OF SOCIAL CHANGE
Social change refers to continuous change in the internal structure, values within in the society overtime. Social change occurs not only because of a single factor it depends upon a serious of factors like political, economic, technology etc…
1. Economic Factors
Economy plays a crucial role in changing the society. Economic factors influence the quality & direction of social change. Karl Marx, he believes that social change is mainly as a result of economic factors. Economic reforms and global trade have also contributed to shaping social structures and lifestyles in modern societies.1
2. Technological factors
From invention of wheel to aircraft has transformed the society. it triggered the long-lasting change in the society. Technology alone can’t make change in the society but it is an important factor of social change. As a result, technological progress not only improves efficiency but also restructure social institutions and cultural practices.2
3. Political factors
Political factors play a crucial role in shaping the society. Role of election also leads to social change. Law protects the interest of the weaker section of the society. The constitution further strengthens social change by guaranteeing fundamental rights. Therefore, political leadership and policy decisions are main factors that guide social progress and institutional transformation.3
4. Cultural factors
Culture that is now followed by the Indian society is different from the ancient society. Culture & religion plays a crucial role in guiding the social behaviour. culture and beliefs will change the society. Exposure to new ideas through education, and cultural exchange promote societies to accept the values such as equality, freedom, and human dignity. These developments gradually influence social norms and contribute to the progressive change.4
5. Demographic factors
Increase or decrease in the population have a far-reaching effect on the society. That means change in the size of the population would also affect in the economy like unemployment, poverty so that it leads to social change. Therefore, demographical factors influence the change in the society. Similarly, migration encourages cultural interaction and diversity, which may lead to changes in social attitudes and institutional arrangements.5
6. Education
Through schooling students have knowledge about culture, history. It helps in development of human resources socialisation and social control. Education increases the living condition of the peoples in the society. Also, children learn lessons on human right. All these contribute to social transformation. Therefore, the expansion of educational opportunities contributes significantly to the modernization and development of society.6
RESISTANCE TO SOCIAL CHANGE
Law is used as a tool of social change. The success of enacted law is depended upon the effective implementation of law. However, the enacted laws are encounters resistance from different sections of the community. Such resistant factors restrict the society from changing. Society may oppose change due to their beliefs, culture, religion, fear of uncertainty about law & economic factors. Understanding these barriers is crucial for ensuring the successful societal transformation. The following are such barriers: –
1. Social Barriers
(a) Protection of Vested Interests
Resistance to social change often arises when the society believe that, the new laws may reduce their authority, social quo, or economic benefits. Those who are benefited from the existing systems may tend to oppose change that could challenge their advantages. For example, certain communities may oppose urban planning policies if they believe these measures might affect their property or social standing. Similarly, historically, attempts to promote gender equality in some societies have faced opposition from groups who perceive such reforms as a threat to traditional authority.7
(b) Social Stratification
There is a class division within the society, the members of privileged group may resistant to change on the fear that they may lose the special privilege. The hierarchical structure within the society often creates inequalities in access to education, and opportunities. Reforms that are designed to promote equality may encounter opposition from the class that benefit from existing social structure. Individuals belonging to disadvantaged classes often support reforms because such changes promise and improved living conditions for them.8
(c) Religious Opposition
religious beliefs may sometime create resistance to legal reforms, particularly when proposed changes make a conflict with deeply held moral or religious values. Such resistance occurs because many people believe that these reforms challenge long-standing ethical principles or cultural traditions.9
(d) Collective Action
Individual opposition to social change may develop into collective resistance when people form groups or movements to challenge proposed change. Social movements, agitation, may actively campaign against certain laws. Collective opposition can influence the political decision-making, sometimes delaying or preventing the implementation of legal reforms.10
2. Psychological Factors
(a) Attachment to Tradition
Customs, beliefs & traditions, which shows collective habits of the society, that was deeply rooted over time. When law make an attempt to make a change in this societal structure, people may resist because they prefer habitual social arrangement. For an instance, attempts to introduce new systems that sometimes-faces opposition from the society simply because they require individuals to change long-standing habits.11
(b) Lack of Awareness
Lack of awareness can also lead to resistance against change. Society may oppose new enacted laws because they misunderstand their purpose, benefit & consequences. Fear of uncertainty of law also, lack of awareness about the law may resist in legal reform. When relevant information becomes available, resistance to change may gradually decreases as the individuals become more aware of the benefits that can be availed from the social change.12
(c) Selective Perception of Law
Although rules are intended to apply universally, society often interpret them differently depend upon their social background and personal interests. Economic status, cultural norms & beliefs shows how people perceive legal reforms. Enacting a law according to the need of the society is more likely to be accepted; however, if the enacted law is in conflict with these needs and interest of the society, resistance may arise.13
LAW AS AN INSTRUMENT OF SOCIAL CHANGE UNDER CONSTITUTION
The framers of constitution enacted the Indian constitution in 1950 January 26 with an intention of transformation of Indian society. Part III of the constitution guarantees a long list of fundamental right to the citizens of India that can be regulated in order to bring about a social change. Constitution of India is framed as a fundamental law to in order to guide in the making of all central & state law because Indians had been oppressed for years before independence.
Drafting committee of constitution- Dr.BR AMBEDHKHAR14has correctly pointed out that “the Constitution of India can be amended as and when the society calls for it other than the basic structure of the Constitution”. In case of Re Beruberi the supreme court held that preamble is not part of the Indian constitution. Also, Later in Keshvananda Bharati v. union of India 197315, the court held that preamble is part of Indian constitution. Societal evils like poverty, unemployment, child labour, child marriage are practiced in ancient Indian society for number of years. After the Indian constitution was enforced, these issues were taken into consideration to be resolved and India right after independence overcome social evils that affecting the individuals and the society at large. So, it can be said that Part III and Part IV of the Indian Constitution together has been a driving force in order to bring about social transformation within the country and therefore they formed a moral sense for the Constitution.
Necessity of changing the law
Indian judiciary always trying to make progress in the Indian society as per the need of the society. Judiciary has brought several changes and keeps an aim to restructure the society further.
As rightly quoted by Justice P N Bhagwati “It is the judge who infuses life blood into the dry skeleton provided by the legislature and creates a living organism appropriate and adequate to meet the needs of the society”. To show the instrumentality of law in social change, it is necessary to study some changes that have taken place in India society, because nothing is permanent but change is permanent.16
1. Abolition of Sati: the custom of sati was practised in the Indian society by the Hindus. The custom is the live burning of the wife with her deceased husband in the same pyre. It was considered as a great honour to become sati at that time by the Hindus. Raja Ram Mohan Roy played an appreciable role in abolishing sati. He took campaign against that in 1812. As a special law Commission of Sati Preven Act 1987, were enacted. The act provide death sentence for whoever abet sati. Due to the strict provision and punishment under the act erade the commission of sati from the ancient society. it is an classical example where law was used as an instrument of social change.
2. Maintenance for Muslim women : The Supreme court held in the case of Shah Bano Begum V. Shah Bano Begum,17 if the divorced Muslim woman is able to maintain herself, than the husbands liability ceases with the period of iddat, but if she is unable to maintain herself after the period of iddat then she is entitled to get maintenance under section 125 of the CRPC,1973.This lead to controversy to the Muslim women Act 1986.
3. Free Education: In the case of Mohini Jain v. State of Karnataka the court held that right to education is a fundamental right under Article 21 of the constitution no person is entitled to wave such right as it directly follows from Article 21A of the constitution. It is available only to the children until they complete age of 14 years. But after that state will provide the free education subject to limits of its economic capacity.
4. Public interest Litigation: any publicly spirited person can approach the court on the behalf of another person who are unable to approach the court as a result to lack of awareness or poverty. The judiciary also made several changes using public interest litigation which is a collective effort of the government, judiciary and publicly spirited person. Social change aims at bringing about social justice which is envisaged under Article 38 of the constitution. Some examples of PIL that played an important role in the transformation of the society
In M.C Mehta v. Union of India18, a notice was given on the plight of young children working in cracker factories. The supreme court prohibited the employment of children below the age of 14 years for such kind of hazardous employment. Abolition of child labour.
In Gaurav Jain v. Union of India19, supreme court laid down guidelines including the necessity of counselling and coercing the women to retrieve from prostitution and rehabilitate them. Rehabilitation of prostitutes.
Hussainara Khatoon v. State of Bihar20 was a landmark case in which the supreme court directed to release large number of women and men who are waiting trail in the court. the court held that the delay in trial constitute denial of justice and therefore state should ensure speedy justice and provide legal aid to prisoners. Speedy trial.
In vishakha v. State of Rajasthan21, the supreme court passed guidelines for the protection of women at workplace from sexual harassment this made an act in the year 2013. Protection of women from sexual harassment at workplace.
In Shah Bano Begum v. Mohd. Ahmed Khan22, supreme court held that if the divorced women is able to maintain herself, the husband liability ceases with the period of iddat but if she is unable to maintain herself after the period of iddat she is entitled to maintenance under section 125 of Criminal Procedure Code. The Muslim Women (Protection of Rights on Divorce) Act,1986 was passed to dilute the judgement. Muslim Women are entitled for maintenance.
5. Abolition of Dowry: Dowry is a social evil associated in the society. Dowry means the property or the money that a bride brings to the husband house at the time of marriage. At Vedic period dowry is known as Stridhan which means women property. Original form of dowry is replaced now it is mutual give and take. Now it’s not voluntary it is a societal pressure. it is used an instrument to extract maximum from the bride parents. This give rise to many crimes against women with regard to this Dowry Prohibition act 1961 were enacted which prohibit the giving taking and demand of dowry.
6. Child Marriage: child marriage was a usual practice that the children marry at the very young age. realising a need for a legislation in 1929 an act was enacted to prohibit the child marriage is Child Marriage Restraint Act. In 2007 this act was replaced by a Prohibition of Child marriage Act which provides for child marriage prohibition officer and extended the power of the family court to decide the matter under the act. This is also a classical example were law was used as an instrument of social transformation.
7. Law relating to Prisoners: this is also part of social transformation whereby the reformative approach is now preferred over deterrent and punitive approach. The society now looks at a criminal as a victim and thinks of reforming and rehabilitating him.
8. Prohibition of Child labour: it is the practice of engaging the children in economic activity on part time or time basis. As per Article 24 of the constitution of India prohibit child labour in hazardous industries as a fundamental right. Juvenile Justice (care and protection) Act,2000, The Child Labour (Prohibition and Abolition) Act,1986 provide a basis in law to identify, prosecute and stop child labour in India. In M.C Mehta v. Union of India, where the first time it was felt that child below the age of 14 years should not work in the hazardous industries.
9. Abolition of Slavery system: whereby humans are treated like commodities and were not entitled for any right. In the 20th century slavery was abolished all over the world. International instruments like UDHR, ICCPR are some examples where slavery has been prohibited and human dignity is emphasised. Article 23 of the constitution of India Prohibited bonded labour and slavery. Also, a special Act Bonded Labour System (Abolition) Act 1976.
10. Recognition of Live-in Relationship: It is true that sexual contact should take place only between marital partners there is no statutory offence. The Supreme court observed that a live-in relationship between two consenting adults of different sex does not amount to any offence even though it may be as immoral in the eyes of society. It gives legitimacy to the children born of such relationship, property rights to such children, protection of the women against any violence in such a relation. Here social change is brought with the medium of law.
11. Compulsory registration of marriage: Indian society is habitual to certain customs and traditions in order to make change in such, law is the instrument to it. There were no compulsory for registration of marriage among the Hindus so law made compulsory registration of marriage which help to know whether the marriage is solemnized or not.
CONCLUSION
Law is an important mechanism for regulating society. It regulates the safety and security of people. It is the cornerstone of social change. Law can make a huge difference to the social order. It also brings about amazing social change. A country can change for the better, only if lawmakers are there to initiative meaningful change in a positive direction law is the medium through which social change can be achieved. Social evils such as sati, child marriage, untouchability have only diminished in India, became laws are in place to prevent their occurrence .in this case of social problems such as drug addict abuse, race relations, law can be used effectively as a policy instrument, thus law is used as an instrument of social change.
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Footnotes
1. Anthony Giddens, Sociology (7th edn, Polity Press 2013) 56.
2. M Haralambos and M Holborn, Sociology: Themes and Perspectives (8th edn, HarperCollins 2013) 89.
3. Yogendra Singh, Social Change in India (Rawat Publications 2016) 34.
4. Andre Beteille, ‘Social Inequality and Social Change’ (2003) 38 Economic and Political Weekly 445.
5. P Gisbert, Fundamentals of Sociology (Orient Black swan 2010) 102.
6. S C Dube, Indian Society (National Book Trust 1990) 73.
7. Anthony Giddens, Sociology (7th edn, Polity Press 2013) 71.
8. M Haralambos and M Holborn, Sociology: Themes and Perspectives (8th edn, HarperCollins 2013) 112.
9. Andre Beteille, ‘Social Inequality and Social Change’ (2003) 38 Economic and Political Weekly 445.
10. Yogendra Singh, Social Change in India (Rawat Publications 2016) 58.
11. P Gisbert, Fundamentals of Sociology (Orient Black swan 2010) 119.
12. Upendra Baxi, ‘Law, Democracy and Development’ (1982) 17 Journal of the Indian Law Institute 45.
13. Anthony Giddens (n 1) 76.
14. President of Drafting Committee
15. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225
16. https://www.worldwidejournals.com/indian-journal-of-applied-research
17. AIR 1985 SC945
18. M.C. Mehta v. Union of India, (1996) 6 SCC 756.
19. Gaurav Jain v. Union of India, (1997) 8 SCC 114.
20. Hussainara Khatoon v. State of Bihar, (1979) 3 SCC 532.
21. Vishaka v. State of Rajasthan, (1997) 6 SCC 241.
22. Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556.