INTRODUCTION

Society has a dynamic nature. The change in society is a very continuous process which
results in stability of culture and lives of man also. The nature of society varies from place to
place, age to age and country to country. Social changes are the reason for growth in social
structure within a group and society. The new traits and natures in social changes leads to end
of traditional customs and usages. The social changes can take place by education, business,
culture and tradition. There are the other factors like geographical, technological, political,
cultural, ideological, biological etc. which plays a great role in social changes. The growth in
social changes may differ according to the places also. There are some places where the
changes in society are slow. Every country and society are been governed by customs, laws,
and legislations. Law and social changes are interdependent on each other. The law is been
made for society so the law is very much affected by the social changes.

The laws are been made by the customs which is authorized by the proper authority.
However, we can explain law in sociological sense as norms legitimated by the authority,

Laws are been codified by the legislature. The law making power is in the hand of legislature.
The legislature makes the law according to the need of changes in the society. Some of the
laws are been introduced to remove the different social evil and the circumventions. Social
changes are very effective instrument in the society as well as in the field of law. There is
income redistribution, nationalization, free education as some example of social changes in
the growth of law,

It can be said that law includes customs, usages, legislation and precedents. The precedents
are somehow the reason from change in the society. There are many laws which are been
made by the need of change in the society. We all know that polygamy, bigamy and sati were
prevailing earlier. But it had direct contact with the society. Law prohibiting these social evil
has a great influence in society. It has direct influence in the human behavior. It creates
various social institutions which directly affects the society. The system of compulsory
education leads to the growth of social changes. It can be said that the changes in normative
order of social changes creates the new kind of social institutions. It creates formal
expression and improves the rights of individuals.
The abolition of untouchability has prohibited the inhuman practice but also gives the equal
and formal rights. The codified customs and morals can me termed as law. It modifies the
social behavior and society.
There are two interrelated process of patterns of behavior of the internationalization and
institutionalization. The term institutionalization means creation of norms with enforcement,
whereas internationalization means incorporation of values can be termed as law.
Institutionalization is the primary step which leads to the growth of internationalization.

With the developing in law with effect to social changes we somehow forget to see the
opposite effect of social changes in law. There are some situations which needed to be
discussed regarding the social changes with effect to law. Technological changes, air
transport, motor car etc. leads to the new technique of social phenomenon. The legal concept
may change the entire legal doctrine. Legal concepts may be the same but may vary from the
society to society. It can be adapted to change the social circumstances.
The object of this project is to study the relationship of law and social changes, and the
impact of these changes in the development of society and legal principles.

MEANING OF LAW IN SOCIOLOGICAL CONTEXT

Law is the phenomenon which always had interest in the society and is been grown from the
early days of society and discipline. The legal practitioners and the legislature whenever
makes laws it has to analyze the patterns and judicial thinking in the sociological aspects of
law. Before making any judicial changes or the pattern in the law they always need to analyze
the effect of law in the society. Before passing any judgment the judge would focus on the
factors and kinds of values which would the social phenomenon. Appellate cases are more
important to be analyzed properly by the judges. Education of sociology in law school is been
more important in the law schools than the sociology departments. There are many
sociologists who think that society has the great effect over the law, for example crime,
bureaucratic organization, substantive areas of labor relation etc. There are many sociologists
who stated that the main concern of making law is the effect of that law in the society.
Sociological aspects of law are somehow limited to the discussions of the criminal law, its
administration and operation in the society. The law and sociology are considered as two
different terms and body of knowledge. For example, a socio-legal theorist named Cotterell,
wanted to understand the different fields of sociology and law as they have distinct feature,
origin, different modes of knowledge, socio-political effect, social and institutional existence
etc. Another theorist disagrees and states that the social science and common law can be
considered as the two recognized facts dependent upon epistemological approaches.
Sociology can be stated as the result of empirical research and organized in the statistical
analyzed way, and the law can be stated as the adjudication of facts and the precedents to
resolve the social problems.

The development of sociology and law has been made in two different aspects in the western
societies and treated in different intuitions and body of knowledge. However both of them
seems to have similar subject matters, both of them are been made for maintenance of social
relationships, balancing social values, maintaining socio regulation, and different aspects of
society and their obligation in the society and the human behavior. There are many aspects of
sociology and legal regulations which have similarities as both of them are been made for
society and socio theory. Many of the primary substances about law in western countries are
been dealt for enunciation and property relationships and different property rights.

Sociology has its broader dimension which deals with the social relationships at both
structural and interpersonal levels, where as jurists engrossed towards the legal proceedings,
courts, legal reasoning. The sociologists are more concerned about the interconnection of
sociology and legal institutions, political institutions, economic condition, socio control
regulations. The social researchers investigates about the connection and interpretation of
judges, lawyers, legal practitioners in day today life and there experience.

Law has its origin from the social institutions and also affected by the socio economic factors.
These factors have the great influence towars law and it directs the legal changes. This is the
result of interaction of social behavior and human nature which is unpredictable. Law itself
has great influence in the society in many ways.
For example the abolition of untouchability in independent India was the step towards
sociological changes and in socio norms also. Yet it was tough to get this happen because of
lack of social support. Thus it can be stated that the law and society are interrelated.

Theories
Sociologists use the term Social change to describe the transformation in the society, such as
agriculture society to modern society, feudal society to modern society, democratization,
industrial society, emergence of capitalism and the recent globalization. All these changes in
the society are linked with economic conditions and market forces (demand and supply) and
which have consequences on social, cultural and political activities. Certainly, the starting
period of sociology which is known as distinct discipline was characterized by large scale
social, economical and political transformation. The theorists of 19th century focused mainly
on social change at large scale such as the increasing division of labor (Emile Durkheim),
capitalism and its contradictions (Karl Marx), and rationalization (Max Weber). The theories
of social changes mainly focus on abstract changes of human behavior in society, their
everyday experiences in social environments, families, work/employment, social control,
school and many more. Mainly in 19th century, the government frequently depended on the
law as a resource, to execute the desired changes in the society. this reflects a step towards
welfare state through statute and through programmes administered by bureaucracy.

While thinking about the social changes in the society, a meticulous distinction between
structure and action is frequently done. The proposal of structure recommends a fixed,
endurable, observable entity, such as a whole society or a part of it, for example the system of
inequality or the legal system. Social structure constrains individuals social activity by
limiting the scope of human activity such as intension, individual choice, motivation or
responsibility.

This kind of structure is typically apparent in structural functioning in accounts that has a
concept of social organization braced by the logics of integration and stability. But because of
the evaluation and progress towards modernization of society, tradition and customs have
found there substitution in science and rationality which may often result in conflicts,
description and instability.

Types
The three types of change articulated below are not prescriptions of social change but rather
descriptions of different kinds of social change that already exist and are inherently a part of
the developing state of a social being. If used to accurately read the nature of change in a
social being then they suggest certain approaches working with change that are more likely to
respond successfully to unfolding realities on the ground. But the first task must be to
understand what is already there before anything is done in response.
Mainly there are three types of changes expressed below which are not prescriptions of social
change but relatively a description of different kinds of changes in the society which exist
and are naturally and are inherited in the society.

1. EVOLUTIONARY SOCIAL CHANGES

Evolutionary changes occur in course of a long period slowly and gradually and
through evolutionary process. Such changes are not very drastic or remarkable. They
proceed gradually like the process of conditioning and people learn to adjust with
such changes gradually. Like, in late 60’s women’s used to wear saree and nobody
then could dream of marrying a women wearing salwar and kameez. Even a married
working women put veil on their head during office time.
But this system has changed gradually. Women’s are getting modernize as they
started wearing western dresses and normally do not put veil on their head. This
practice has been gradual and it has also been accepted in the society.
2. PROJECTABLE CHANGE
When we talk about the internal and external environments, mainly the relationships
which are logical, predictable and steady enough and where random outcomes do not
threaten the desired conclusion, the state of projectable change arises and well
planned projects become feasible.

The two approaches where projectable changes apply:

First is identified by a problem-based approach, in which the problem is identified and then
the solution is drawn. A broken tap is identified and a solution is found. This approach works
logically which has plan from present to future.
Second is identified by a creative approach of society’s imagination or visioning desired
results, not as a straight solution but as a new circumstance in which past problems are no
longer there. While looking for a fixed solution, a new root of water can be created.

Law as a tool for Social Change

Law is an important aspect in changing the society or to bring social change. Law directly
and indirectly impacts on society. For instance, law for compulsory education to children
below 14 years. Law reflects the will and wish of the society. Law is a product of society
which is responsible to bring social transformation. Law also indirect effect the change in the
society by interacting indirectly with the social institution in such a manner that it constitutes
direct relationship b/w law and Social change. For example, law to prohibit polygamy.

Law is an agent to bring modernization and social change in society. While bringing
modernization in society law also preserve the customs such as belief in panchayat system.
Society is modernization through abolishing practices of untouchability, sati system, dowry,
child marriage. These are remarkable example which brought social change through
implementation of law.

Law is an efficient medium, agency to bring social change in particular region, community or
in the country. Therefore, we can revive are beliefs that law is very effective in introduction
of norms which bring about change in social structure and relationship.

Starting today, the judgments of the court are not simply being tried on the touch stone of
social equity, yet to be sure they are being referred to of as forerunners to 'social rights'.
There is a pro-active role by the court to cause justice in the society and have profound new
social right such as right to clean environment, right to health, right to clean air, right to food,
right to education. It court that played a role of catalyst in development of social
transformation of individual of society such as aim to remove caste inequality, protection to
weaker section of society, reservation policies for socially and educational backward classes.
Therefore, providing them dignified life and raising their standard of living.

Law is a product of society which is responsible for social change. There is a twofold
approach to this concept. Firstly, law brings change to society i.e. law compels the society to
change according to it. Secondly, society changes the law, as per its requirement.

This means that the law is by according to the requirement of the society. The democratic
institution i.e. legislature is used by the society to make law according to its needs. When the
society intends to change the law for its benefits then it is referred as development of society.
The most remarkable example to justify this statement is the case of “nibhaya’, where the
enthusiasm of the society against rape which compel the government to form a commission to
consider the issue and sentiments of the society which finally led to amendment in criminal
law.

Therefore, we can conclude that through legislative act and judicial interpretation a new
social idea and conditions are articulated in society and final gave rise to social change.
Social change attempted through law is a trait of modernization of world.Many authors have
insisted that law is desirably necessary and efficient means for bring social change in a
society as compared to other instrument to induce social change. In today’s scenario law is
not just a theoretical aspect to bring social change but practically its implications are visible
in the society through changes taking place. Change have taken place is many areas such as
gender equality, education, infrastructure, social structure, transportation, environment,
housing, energy sector, crime prevention. So law has played and is playing its part to bring
social change. Law have also played an indirect role in bring social transformation by
shaping social institutions which in return have a direct impact on society and have brought
social transformation. For instance, compulsory attendance in school for labor forces which
in turn helps in providing good quality of labor and directly contributing in increase of
industrialization.

The intervening nineteenth century was pivotal in that it saw the initiation of this process that
brought about an enormous transformation in the religious, social, economic, political and
cultural spheres of Indian society. Many interrelated factors where in what in this
transformation.

The 19th century in india in essential because of beginning of process of numerous

transformation in social, political, religious, political and cultural aspect of Indian society.
Many factors were responsible for bringing transformation in the society. The british played a
major role in shaping the life of the Indian through administration, new channels of
communication, legislation, urbanization and industrialization, all these have a huge
influence on the society, because every little measures have brought a change in the
traditional practices carried on in the Indian society and change this traditional pattern of
living life. All the changes influences the living as a whole and brought a continuous social
change in Indian society.
In Pre- Independence time, britishers have enacted certain legislation which have changed the
conservative thinking orthodox social practices prevailing in the society such as untoucability
practices, inferior position of women in society, female infanticide, sati practices, widows
were not allowed to remarry, child marriage. Abolition of these practices has brought a
significant social change in Indian society which is visible in today’s time also.

Widow remarriage Act, 1856 , Prevention of Sati Act,1829 , Native Marriage Act,1872 , The
Factory Act,1881 , Age Consent Act, 1891, press Act, 1885 , Bengal Tenancy Act,1885 ,
these not only advanced the socio-cultural aspect of the society but also contributed to social
transformation from agrarian society.

However, the major social change is brought in society after the adoption of Constitution and
by other radical social legislation enacted after independence.

Our constitution provides certain first generation rights i.e. fundamental rights (Article 14-
32) to every person irrespective of race, caste, religion, sex, place of birth etc. which ensures
political, socio-economic, liberty, freedom of speech and expression, equality of status,
opportunities, freedom of religion. It also provides protection from illegal detention and
exploitation and also protects religious, cultural and educational rights.

Constitution of India, 1950 also provides for the directive Principle of State Policy from
Articles 36 to 51 to secure-
(a) adequate means of livelihood for all citizens;
(b) control and distribution of wealth so as to serve the common good;
(c) equal pay for equal work;
(d) health and strength for all from economic avocations;
(e) protection from child labour;
(f) right to work and to education;
(g) uniform civil code;
(h) Promotion of educational and economic interests of the scheduled castes, scheduled
tribes and of other weaker sections.
The Untouchability (Offences)Act, 1955 amended as protection of Civil Rights Act, 1976 has
definitely attacked caste prejudice, though has not been fully able to eradicate it. A number of
laws have been enacted for the upliftment of women. The Special Marriage Act, 1954; Hindu
marriage Act, 1955; Hindu succession Act, 1956 and Dowry Prohibition Act, 1961;
Prevention of Immoral Traffic Act, 1956; Sati Prevention Act, 1987; Protection of Women
from Domestic Violence, 2005 have created favourable situation regarding the status of
women, whereas Hindus Adoption and maintenance Act,1956; Child Labour (Prohibition and
Regulation) Act, 1986; Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation, Act, 1996; the Juvenile Justice Act 2000 amended in 2005 have
safeguarded and protected rights of the children. Thus, these legislation provides us that in a
democracy like India, social change can be brought by effective legislation.

Social change by legal change

In theoretical framework, social changes are slow enough to inculcate custom the promarcy
source of law. Law responded to social change over long period even in decades or centuries.
But in today’s scenario the tempo of social change is accelerating at such pace that the
assumption made about social change may not be valid for upcoming years from now.

The emergency to new culture from communal property to private property or joint family to
individual living, the individual is prone to new risk as a consequences of decrease in family
function, which include protection function, which has led the legislature to make protective
laws for the protection of individual in modern society. For example, legislation made for
labors such as workmen compensation, old-age pension, unemployment insurance. Many
scholars and sociologist have emphasized on the basis massive research and data that
technology has acted as a force change in the laws. The increase in cyber technology, use of
computers, access to internet has pushed the federal as well state government to make
legislation related to cyber crimes, protection of privacy, protection against abuse of credit
information. These gradual changes in law are because of change in the attitude of the
individual.
For example, in India People considered poverty as a evil of society, so legislation create law
which will reduce poverty. Change in social condition, knowledge in sphere of technology
then may create legal change in cases before the court and such cases finally leads to social
change. Change in structure of law is one of the many reaction of the social change. This
change is legal sphere is legal change.
Conclusion

Change is the law of land, in context of society the man has wisdom and knowledge through
which structural change in the society takes place. Law is the instrument through which
affects social change. Though there are certainly other devices which bring social change but
transformation through law is considered to the most effective transformation in a society.