I

UNDERSTANDING THE LAW AS IDEA

OF SOCIAL CHANGE

Hidayatullah National Law University

Submitted To
Ms.Rajput Shraddha Bhanusingh
Faculty of Legal Method

Submitted By
Nikhil Parthsarthi
B.A.LL.B. (Hons.)
Semester – I, Section A, Batch XIV
Roll no. 91

Date of submission: 29November, 2018

 II

Certificate of Declaration

I, Nikhil Parthsarthi, hereby declare that this project work is an original piece of research and is
not a result of plagiarism, the sources of data has been adopted from other sources as well and
proper mention about such sources has been made in the form of footnotes and in bibliography.

I have completed this project work under the guidance of Ms.Rajput Shraddha
Bhanusingh, faculty of Legal method, Hidayatullah National Law University. Raipur
(C.G).
 III

CERTIFICATE BY FACULTY

I Rajput Shraddha Bhanusingh faculty of Legal method, Hidayatullah National Law

University Raipur (C.G) do hereby declare that this Project entitled “Understanding the Law as
Idea of Social Change” has been completed by Nikhil Parthsarthi, student of Semester I under
my guidance.

Signature
Ms. Rajput Shraddha Bhanusingh
Faculty of Legal Method
 IV

Acknowledgements

First and foremost I would like to thank my course teacher Ms. Rajput Shraddha Bhanusingh
for providing me the topic of my interest. Also I would like to thank our Vice Chancellor sir for
providing the best possible facilities of I.T and library in the university.

Thanks to the God, Parents and all the member of HNLU family who gave me the
strength to accomplish the project with sheer hard work and honesty.
I also owe my gratitude towards University Administration for providing me all kinds of
required facilities with good Library and IT lab. This helps me in making the project and
completing it. My special thanks to Library Staff and IT staff for equipping me with the
necessary data and websites from the internet.

This Project venture has been made possible due to the generous co-operation of various persons.
To list them all is not practicable, even to repay them in words is beyond the domain of my
lexicon.I would also like to extend my warm and sincere thanks to all my colleagues, who
contributed in innumerable ways in the accomplishment of this project.

Nikhil Parthsarthi

B.A.LL.B. (Hon.)
Semester – I, Section A,
Batch XIV
Roll no.91
 V

Table of contents
1. Declaration……………………………….………………………… II
2. Certificate by Faculty ………………………………………………III
3. Acknowledgement…………………………………………………..IV
4. Abbreviation………………………………………………………….1
5. List of Cases
(i)Gayatri Devi Panjari v. State of Orissa ………………………………………...9
(ii) Indra Sawhney v. Union of India ……………………………………………..9
(iii) Bandhua Mukti Morcha v. Union of India…………………………………...10
(iv) Lata Singh v. State of U. P ………………………………………………….....10
(v) Raja Lal Singh v. State of Jharkhand ………………………………………....10
6. Chapterisation ………………………………………………………………….…2
7. Scope of Work ………………………………………………………………….…2
8.Research Methodology …………………………………………………………...2
9. Mode of Citation……………………………………………………………….…..3
10. Objectives of Study……………………………………………………….……....3
11. Introduction ....................................................................................................…...4

Chapter – 1 Social Order: Purpose of Law …………………….......................5

Chapter – 2 Judiciary and Social Change …………………………………….8

Chapter – 3 Legislation and Social Change……………….…........................11
12. Conclusion…………………………………………………………………..…...18
13. Refrences………………………………………………………………………...19
 1

Abbreviations
AIR………………………………………………………………All India Reporter
www.……………………………………………...........................World Wide Web

S.C ……….……………………………………………………….Supreme Court

U.P ………………………………………………………………........Uttar Pradesh

I.P.C……………………………………………………………...Indian Penal Court

S……………………………………………………………………………Section
 2

Chapterisation

Chapter 1- This chapter tries to introduce about the Social Change and the Purpose of law in
India.

Chapter 2–This Chapter tries to understand the effective role of Judiciary in Social Order.

Chapter 3- This Chapter inquiry into function of Legislation to bring about a social change.

Scope of Work

This project has been carried out in an area of social change in India by the process of Law.
My whole study is limited to Indian context. The basic Idea behind this project is to study about
the nature of Law as an essential factor of Social Change

Research Methodology

This project work is descriptive & analytical in approach and has been done taking the help of
secondary data i.e. websites, articles. It is descriptive in nature. To construct this project, the help
of dictionaries, legal websites as well as social science websites, books on the said case have
been taken. The points as discussed in this project include the study of different sources on the
topic as well as the points guided by the faculty. Footnotes have also been provided for
acknowledging the sources.
 3

Mode of Citation
In this project I have used many web sources, website etc. And I have followed the 19th
bluebook citation for footnotes.

Objectives of Study
Broad objectives of the Project is to study the ‘Law as an essential Instrument of Social Change’
with specific reference to Legislature and Judiciary are as follow:
(i) Inquiry into the nature of law.
(ii)) How Judiciary can make a huge difference to the social order?
(iii) Understand the Role of Legislation in bringing about social change
 4

Introduction

Change is the internal law. History and science bear ample testimony to the fact that change is
the law of life. Stagnation is death. They tell us stories of man’s rise and growth from the
Paleolithic age to the Neolithic age, then to the Stone Age and next to the copper age etc. On the
stage of the world, scenes follow scenes, acts follow acts, and drama follows drama. Nothing
stands still.The wheel of time moves on and on. The old dies and the young steps into the world.
We ring out the old and ring in the new. A child changes into a boy, a boy into a youth and then
into a man. The bud changes into a flower. The dawn turns into morning, morning into noon,
noon into afternoon and afternoon into night.
It is said, “Today is not yesterday,
we ourselves change. No change is permanent, it is subject to change. This is observed in all
spares of activity. Change indeed is painful, yet needful”. Flowing water is wholesome, and
stagnant water is poisonous. Only when it flows through and alters with changes, it is able to
refresh and recreate. Change is an ever-present phenomenon. It is the law of nature. Society is
not at all a static phenomenon, but it is a dynamic entity. It is an ongoing process. The social
structure is subject to incessant changes. Individuals may strive for stability, yet the fact remains
that society is an every changing phenomenon; growing, decaying, renewing and
accommodating itself to changing conditions.1

Law is centered in different social institutions, socio-economic networks, social processes etc.
These social factors influence the procedure of law. Law at the same time can also change norms
in various ways..The term ‘social change’ talks about the changes that take place in human
interactions and inter-relations. It also describes the different changes that take place in various
social institutions, social processes, social organizations etc., including the alterations in the
structure and functions of the society.2

1
Puja Mondal , social-change-characteristics-
http://www.yourarticlelibrary.com/sociology/essay-on-social-change-meaning-characteristics-and-other-
details/8590/
2
HANSIKA SAHU , SOCIOLOGY ‘LAW AS AN INSTRUMENT OF SOCIAL CHANGE’
http://www.antiessays.com/free-essays/Law-As-An-Instrument-Of-Social-454206.html
 5

CHAPTER – 1

SOCIAL ORDER: PURPOSE OF LAW

Social Change

The term social change is used to indicate the changes that take place in human interactions and
interrelations. Society is a web of social relationships and hence social change means change in
the system of social relationships. These are understood in terms of social processes and social
interactions and social organization. Social Change is the transformation of culture and social
organization / structure over time. In the modern world we are aware that society is never static,
and that social, political, economic and cultural changes occur constantly. 3

People knew that this would increase and speed travel. However, it was probably not realised
how this invention would affect society in the future. Families are spread throughout the country,
because it is easier to return for visits. Companies are able to expand worldwide thanks to air
travel. The numerous crashes and deaths related to airplanes was not predicted either.

Causes and sources of Social Change

The Natural Environment

Slower changes in the environment can also have a large social impact. As noted earlier, one of
the negative effects of industrialization has been the increase in pollution of our air, water, and
ground. Changes in the natural environment can also lead to changes in a society itself. We see
the clearest evidence of this when a major hurricane, an earthquake, or another natural disaster
strikes.

3
Anjum Jha Social Change
http://www.sociologyguide.com/social-change/
 6

Culture and Technology

Culture and technology are other sources of social change. Changes in culture can change
technology; changes in technology can transform culture; and changes in both can alter other
aspects of society

Social Conflict: War and Protest

Change also results from social conflict, including wars, ethnic conflict, efforts by social
movements to change society, and efforts by their opponents to maintain the status quo. The
immediate impact that wars have on societies is obvious, as the deaths of countless numbers of
soldiers and civilians over the ages have affected not only the lives of their loved ones but also
the course of whole nature of society.

Perspective of Law

The law, through legislative and administrative responses to new social conditions and ideas, as
well as through judicial re-interpretations of constitutions, statutes or precedents, increasingly
not only articulates but sets the course for major social change. Attempted social change, through
law, is a basic trait of the modern world. Law plays an importantindirect role in social change by
shaping various social institutions, which in turn have a direct impact on society. Social change
through litigation has always been an important feature in the India. 4

India, after independence, adopted the ideal of a socialistic pattern of society and has formulated
programmes of social welfare in various spheres. The aim is to establish a social order which
would eradicate exploitation, secure equal opportunities for all citizens, ensure that they share
just obligations and enjoy social security. The means adopted in achieving these ideals these
ideals are peaceful and democratic. The goal is sought to be achieved mainly through the

4R.k.singhLaw and Social Change ```

https://sites.google.com/a/g.rit.edu/auknotes/law-and-society/chapter-7-law-and-social-change access on 12Aug
2015
 7

enactment of suitable laws. It is in these circumstances that law comes into play to act as an
agency balancing conflicting interests and becomes a tool for social engineering.
Law is the activity of subjecting human behavior to the governance of rules. The rule of law is
concerned with regulating the use of power. Whereas society is a spontaneous order, the state is a
protective agent with the monopoly role of enforcing the rules of the game. Since the monopoly
on coercion belongs to the government, it is imperative that this power not be misused. In a free
society each person has a recognized private sphere, a protected realm which government
authority cannot encroach upon. The purpose of law is to preserve freedom and moral agency.

Indian Paradigm

India is a huge country, with huger complexities. A thousand million plus population, spread
over 3.28 million sq. km of landmass, with every kind of an imaginable weather pattern from
minus 40 degree Celsius in the greater Himalayan region to 50 plus degree Celsius temperature
in the deserts of Rajasthan, 16 well demarcated agro-climatic zones, 18 official languages written
in 15 different scripts, around 2000 dialects and almost all religions of the world well and
adequately represented. Jawaharlal Nehru called India the museum of world religions. India has
a hoary past and a very vibrant and continuous culture of more than 5000 years of recorded
history. But this is only one side of the picture. In mid-20th century India finally broke off the
shackles of the colonialism launching itself on the path of Republicanism, liberal democracy and
secular state system.

In 1947, when India finally broke off the shackles of colonialism, the challenges facing the
country were enormous. For a legal professional it was a maze of imponderables, a mix of
customary law, case law, and some assorted enactments. The social system was equally
confused, beset with intractable social evils like caste system, unsociability, discrimination
against women, child marriages and dowry system etc.. Unified and systematic as a body of
doctrines linked by its formal rational qualities; a structure of humanreason, subduing chaos and
contingency and principled as a consistent expression of essential conditions of human life.5

5
ibid
 8

CHAPTER – 2

JUDICIARY & SOCIAL CHANGE

The ultimate aim of all law is to bring about social order.The Indian Judiciary has completed 60
years of its existence and has made long lasting contribution to the system of governance that has
impacted the life of the people and the nation. In many ways, it has impacted the nature, scope
and processes of public governance and can claim credit for expanding the meaning of the
constitution in favor of different segments, especially the poor, of the society. It has strengthened
Indian federation, catalyzed goal achievement, deepened democracy and defended people against
excesses of the State. It has acted as a promoter of peace, cordiality and balance and coordination
between different organs of the government

The judge is an important member of the legal institution. He plays an important role in shaping
the law to serve the social interest. For a judge, law is never static.
A judge is empowered to review the various provisions of law. He is an independent and
impartial authority which can verify the reasonableness of a law. Being independent from the
influence of the executive and the legislative machinery, a judge can form an unbiased opinion
on any question of law. The judge interpreting the law on behalf of the community cannot, in a
democratic society, base his decision on his personal predilection for the planning.6

The welfare of the society must be the guiding force for a judge when he sits to perform
his duty. His obligation towards the society is to fulfill the various social requirements of justice,
order and security. He has to give the welfare of the society a paramount place while dealing
with any issue. Being the interpreter of the society of its sense of law and justice, the judge has to
be careful in his work as his decisions determine the rights and obligations of various members
of the society and effect the people at large.
The keen interest of judiciary in the promotion of the principles of good governance is also
exhibited in the pronouncements focusing on Rule of Law, human rights, fundamental rights and
gender justice and from the directions and guidelines issued from time to time on matters ranging

6
Law and Social Change W. Friedmann Universal Law publishing Co. Chapter -13 Page no - 277
 9

from police and prison reforms, electoral reforms, uniform civil code, rights of the child and the
women, affirmative action in favor of the Dalit’s and the deprived like the S/Cs, S/Ts and the
OBCs to environmental jurisprudence that has given a new meaning to the right to life as well as
reconciliation between development and protection of the ecology and environment. Many of the
judicial judgements are known for the clear interest of the judiciary in the processes and
practices of pursuing the goals of sustainable human development and creating an enabling
environment. In this endeavor, thejudiciary has not confined itself to interpreting the law and the
constitution only.

Gender Equality and Justice:

Indian judiciary has applied the principle of equality of status, opportunities and justice while
interpreting statues, relating to women’s development and empowerment. For example, the
Orissa High Court in Gayatri Devi Panjari v. State of Orissa (AIR 2000 Sc1531) upheld the
policy of government to give preference to women while allotting shops on merit in addition to
30 percent observation for women in that regards. The Court opinioned that reserved for any
category cannot be taken as a ceiling and the government could prefer women over men ever if
there was reservation for women since the policy of reservations aims at ensuring the minimum
while the policy of preference aims at facilitating the empowerment of the disadvantages
sections of the people.In another case, the court extended the benefits of Maternity Benefits act
1961 to all women whether employed on regular, casual, daily wages or on muster roll basis. The
Judge observed: “A just social order can be achieved only when inequalities are obliterated and
everyone is provided what is legally done. Women, who contribute almost half of the segment of
our society, have to be honored and treated with dignity at please where they work to earn their
livelihood. Whatever be the nature of their duties, their avocation and the place where they work,
they must be provided all the facilities to which they are entitle.

Backward Classes of the Society:-

In "Indra Sawhney v. Union of India", AIR 1993 SUPREME COURT 477, the Apex Court has
innovated conceptof 'creamy layer test' for securing benefit of social justice to the backward
class, needy people, and excludedpersons belonging to creamy layer.
 10

Bonded Laborer’s:-

Bandhua Mukti Morcha v. Union of India", AIR 1984 S C 802, is a good example of social
ordering by way of judicial process. The Apex Court has tried to eliminate socio-economic evil
of bonded labour, including childlabour and issued certain guide lines to be followed, so that
recurring of such incidents be eliminated.

Caste system and Judicial Process:-

In "Lata Singh v. State of U. P.", AIR 2006 SC 2522, the Apex Court has given protection to the
major boy andgirl who have solemnized inter-caste or inter-religious marriage.

Dowry Death:-

Dowry death is perhaps one of the worst social disorders prevailing in the society, which
demands heavyhand of Judicial Process to root-out this social evil. In "Raja Lal Singh v. State of
Jharkhand", the SupremeCourt has laid down that there is a clear nexus between the death of
Gayatri and the dowry relatedharassment inflicted on her, therefore, even if Gayatri committed
suicide, S. 304-B of the I. P. C. can still be attracted .7

7
THE JUDICIAL PROCESS AS AN INSTRUMENT OF SOCIAL ORDERING
http://www.academia.edu/1403804/THE_JUDICIAL_PROCESS_AS_AN_INSTRUMENT_OF_SOCIAL_ORDERING
 11

CHAPTER – 3

LEGISLATION & SOCIAL CHANGE

Legislation is an instrument to control, guide and restrain the behaviour of individuals and
groups living in society. Individuals and groups left in absolute freedom may clash with each
other in the pursuit of their self-interest at the cost of others. They cause grave harm to society
leading to chaos. Legislation is one of the many institutions which controls and directs individual
action into desirable channels. Others being social customs, traditions, religious prescription etc.
Law is a vast subject having many branches. In a broad sense, all laws are social in character, in
a narrow sense only those laws that are enacted for the purpose of social welfare are categorized
as social legislation. There are several types of legislations such as taxation, corporate, civil,
criminal, commercial etc.Law that has its source in legislation may be most accurately termed
enacted law, all other forms being distinguished as unenacted.8 The more familiar term Laws are
a form of social rule emanating from political agencies”.

Laws become legislations when they are made and put into force by law-making body or
authority. Legislations, particularly social legislations have played an important role in bringing
about social change.A careful analysis of the role of legislation in social change would reveal
two things.

(i) Through legislations the state and society try to bring the legal norms in line with the existing
social norms.

(ii) Legislations are also used to improve social norms on the basis of new legal norms.

Social legislation can be an effective means of social change only when the existing social norm
is given a legal sanction. No legislation by itself can substitute one norm with another. It can
hardly change norms. Unaided social legislation can hardly bring about social change. But with
the support of the public opinion it can initiate a change in social norm arid thus a change in

8
. Salmond on Jurisprudence, Twelfth Edition , PJ Fitzgerald , Universal law publishing co. pvt lmt Legislation
 12

social behaviour. Some examples of social legislations made in India will help us to understand
this point.

A number of Legislations were made in India both before and after independence with a view to
bring about social change. Some of these could achieve success while a few others still remain as
dead letters. The legislations that secured public support and the support of social norms could
become a great success.Legislation is an instrument to control, guide and restrain the behaviour
of individuals and groups living in society. Individuals and groups left in absolute freedom may
clash with each other in the pursuit of their self-interest at the cost of others. They cause grave
harm to society leading to chaos. Legislation is one of the many institutions which controls and
directs individual action into desirable channels. Others being social customs, traditions,
religious prescription etc. Law is a vast subject having many branches.

In a broad sense, all laws are social in character, in a narrow sense only those laws that are
enacted for the purpose of social welfare are categorized as social legislation. There are several
types of legislations such as taxation, corporate, civil, criminal, commercial etc. Social is that
branch of law which is an aggregate of the laws relating to the various socio- economic condition
of the people. It is a social institution that embodies the social norms created on the initiative of a
competent legislative agency. These laws are enacted keeping in view the needs of the time, the
circumstances of the nation and its socio-political ideals.9

The need and importance of social legislation in a Welfare State cannot be undermined. Our
Constitution reflects the aspirations of masses to become a welfare state where everyone enjoys
the right to live a dignified life and right to the pursuit of happiness are fundamental. In broader
sense, everyone in the country men is entitled to have basic human rights such as right to life,
employment, work health, education, etc. Now these rights can only be secured through State
action. Social legislation gives us a proper formalized legal framework for achieving these goals.
It is a known fact that as social order undergoes changes, new problems and demands arise
which cannot be allowed to go out of hand. Problems such as juvenile delinquency, new forms of
crime, socio-economic injustices, socio-economic inequalities, problems of social security have
to be tackled through welfare legislations. It is important to have social legislation to meet the

9
Ranjana Sehgal Social Legislation and Role of Social Worker in Legal Assistance *
http://ignou.ac.in/upload/bswe-02-block6-unit-31-small%20size.pdf
 13

existing social needs and problems. It also anticipates the direction of social change. Thus, Social
legislation is needed
(i) To ensure social justice,
(ii) To bring about social reform,
(iii)To promote social welfare,
(iv)To bring about desired social change.
(v) To protect and promote of rights of socioeconomically disadvantaged groups of the society.

The British rule in India for the first time established the supreme authority of law in social
matters, ensuring uniformity in law and social order which India did not have till then. In the last
century, we have had a series of legislations intended for bringing about significant changes in
the status of women, children, scheduled castes and other such vulnerable groups on the one
hand, whereas there were legislations for bringing reform in social institutions like family,
marriage etc. on the other. Since Independence a number of social legislations have been passed.
We know many of the evil practices such as sati pratha, child marriage etc. may have still
persisted, had they not been curtailed by timely suitable legislations.

Social legislation, beset as it may be with drawbacks, has nevertheless helped us to shelve many
of our outmoded traditional customs and practices. For instance law has been instrumental in
bringing about a change in the status of women. Equality of sexes has been ensured by our
constitution and law has endowed many rights on women at par with men. Today we have
legislation which prohibits any discrimination on the ground of sex. A woman can acquire, hold
and transfer absolute property in addition to Stridhana under the Hindu Succession Act 1956.The
Act further gives the women the right of succession equal to that of male heirs. Where a Hindu
male dies without making a will of his property, his widow, mother, daughters and sons are all
classified together as class I heirs and they take one share each.10

10
R. shankar Social Work Intervention with Individuals and Groups
http://ignou.ac.in/upload/bswe-02-block6-unit-31-small%20size.pdf
 14

Pre-Independent India, social legislations such as

Bengal Sati Regulation, 1829

The practice of suttee (or Sati) was one such unholy and cruel custom in our country which is
indeed a land of strange paradoxes and in consistencies in words and practices.This cruel and
barbaric custom was denounced and abolished by Lord William Bentinck – the then Governor
General of India.Since then the Sati system existed only in relics and as some strong cases. To
modern Indians it seems that this system had been most in human cruel and barbarous.

Abolition of Sati Practice

The British officials and the British missionaries in India first protested against Sati practice and
demanded of the parliament of its abolition in the face of strong opposition of the orthodox
Hindus of the time. It was Raja Rammohon Roy who first came forward for cause of these
unfortunate widow and urged the liberal and for-sighted Governor-General, Lord Bentinck to
stop this cruel murder of Hindu-widows.

Thus the cruel practice of ‘Sati’ was abolished by an ordinance on December 4, 1829. In spite of
the national liberation movement and anti-caste emphasis this ugly practice continued to survive
in some provinces of India and the case of Roop Kanwar’s death was one such example.

The Roop Kanwar Sati Case

But what is strange is that after a long lapse of time this cruel custom had reappeared in certain
parts of this country.On 4th September, 1987, Roop Kanwar of Deorala in Rajasthan performed
the act of Sati. She was merely 18 year old young girl at the time of her death. After the event
she was given the status of “Sati Mata”.The Special Court at Jaipur had accused 11 people for
 15

glorifying the act of Sati.The Commission of Sati (Prevention) Act, 1987 was passed by the
Government. The cruel practice of Sati was banned for ever from the Indian soil.11

Hindu Widow Remarriage Act of 1856

No marriage contracted between Hindus shall be invalid , and the issue of no such marriage shall
be illegitimate , by reason of the woman having been previously married or betrothed to another
person who was dead at the time of such marriage , any custom and any interpretation of Hindu
law to the contrary notwithstanding.

Calcutta, India, 1856: After successfully banning the practice of suttee (widow-burning), the British
government in India has been mindful of the plight of higher-caste widows, forbidden to remarry, deemed
unlucky by their families, often poorly treated, and sometimes forced into beggary and prostitution. Many
widows had been married at a very young age to elderly men; widowed as children, theirs was the worst
plight. The Hindu Widows' Remarriage Act XV of 1856 was passed which enabled widows to marry
again.12

Child Marriage Restraint Act of 1929,

An Act to restrain the solemnisation of child marriage.

To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in 1929.
The object is to eliminate the special evil which had the potentialities of dangers to the life and
health of a female child, who could not withstand the stress and strains of married life and to
avoid early deaths of such minor mothers.13

11
Suttee Pratha (Sati Practice) in India

http://www.importantindia.com/10382/suttee-pratha-sati-practice-in-india/
12
Marriage of Hindu Widows
http://bdlaws.minlaw.gov.bd/pdf_part.php?id=9

13
The Child Marriage Restraint Act, 1929
http://wcd.nic.in/cmr1929.htm
 16

Post Independent India, Social Legislation such as

The Untouchability Offences Act of1955

ACT NO.22 OF 1955 [8th May, 1955]

An Act to prescribe punishment for the practice of "Untouchability", for the enforcement of any
disability arising therefrom and for mattersconnected therewith.

Dowry Prohibition Act of 1961

The 17th Article of the Indian Constitution states that untouchability is a punishable offence. For
the eradication of untouchability the Untouchability Offences Act was passed by Indian
Government in 1955 in which any person forcing the disabilities of untouchability can be
sentenced to six months imprisonment or a fine of Rs. 500/- or both for his first offence. For
every subsequent offence the sentence will include both a term in jail as well as fine. If
considered necessary, the punishment can also be increased.

This Act provides penalties for the offences like preventing a person from entering into public
temples or places of worship, preventing the drawing of water from sacred lakes, tanks, wells
etc. Enforcing all kinds of social disabilities such as preventing people from the use of a
‘dharmasala’, any shop, public restaurant, public hospital, hotel, educational institutions or any
other place of public entertainment denying the use of any road, river, well, water top, river
bank, cremation ground, etc.

THE HINDU SUCCESSION (AMENDMENT) ACT,2005

[5th September, 2005.]
An Act further to amend the Hindu Succession Act, 1956. Enacted by Parliament in the Fifty-
sixth Year of the Republic of India.
In India, women’s access and rights of ownership over family property (both moveable and
immoveable), in the absence of a will, is governed by succession laws based on religion. Under
Hindu law prior to 1937, a woman did not have the right to own any property at all, except what
she received from her parents at the time of her wedding. The Hindu Succession Act, 1956 was a
breakthrough in terms of giving Hindu women a full and equal share of their husbands’ property
 17

as the children; yet, the male bias persisted. An amendment to this Act in 2005 took the
progressive step of making daughters coparceners at par with sons, such that they receive an
equal birthright to a share in the natal family’s ancestral property, i.e., parents’ property.14

By effective legislation our Parliament has regulate and change the society.

CONCLUSION

Law is the perfect tool for maintaining justice and ensuring that lawlessness does not continue to
prevail within society. When legal judgements aim at reforming the system, a wave of positive
social change is initiated. The landmark SC judgement preventing criminals from contest in
elections is just one example of laws that can spur social change.

Law has a tremendous potential for initiating positive social change. Legal reforms have changed
the face of many societies all over the world. Problems such as low literacy levels and gender
injustices have been eliminated in many developed nations because of legal mechanisms to
address the problem. Law has the ability to mould social change. It is designed to bring about a
social order where individual rights are protected.

Function of law is social control,maintenance of peace and order and solidarity in the society". In
other hand some other says that"law is a catalyst of social change, it has not only the function of
social control but it has also to bring about social change by influencing behaviour,beliefs and
values".As an instrument of social change law involves in interrelated process.

14
THE HINDU SUCCESSION (AMENDMENT) ACT, 2005
www.hrln.org/admin/issue/subpdf/HSA_Amendment_2005.pdf
 18

References
Bibliography

1. PJ Fitzgerald, Salmond on Jurisprudence, Twelfth Edition, Universal law publishing co. pvt
LMT. 2012
2. W. Friedmann, Law and Social Change Universal Law publishing Co.2012
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Webliography

1. www.google.com

2. www.youtube.com
3. Ignou.ac.in
4. www.quebecoislibre.org
5. www.wcd.nic.in
6. www.academia.edu