109 Sociology I E Notes Dr.J.P.Arya

Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
Class : BA LLB- 1st Semester
Paper Code : 109
Subject : Sociology-I
Unit 1
Dear students, I welcome you, here in CPJ College of Higher Studies and School
of Law. I will do my best endeavours to meet your learning needs of Sociology
Subject. In fact all of you have nice qualities and I hope you will certainly add a
good quantity in your wealth of prior experiences and knowledge.
Today in this class we will take up the subject – Sociology – We will cover Topic
Introduction to Sociology: Growth, Scope, and Definition.
Sociology is a science of: Society, Social Relationship.
Sociology is the study of: Social life, Human behavior in groups, Forms of social
relationships, Social groups of Social systems.
French Philosopher or Sociologist August Comte is the father of Sociology. He

coined the term sociology in 1839. Teaching of Sociology started in US in 1876. It
started in France in 1889, in Great Britain 1907, in Poland and India after World
War-I (i.e. after Nov.1918), In Egypt and Mexico in 1925, and in Sweden in 1947.
WHAT IS SOCIOLOGY; Sociology is the youngest of all the Social Sciences.,

The word sociology is derived from the Latin word ‘Societus’ meaning society and
the Greek word ‘logos’ meaning study or science. The etymological meaning of
sociology is thus the ‘science of society’. It is the study of man’s behavior in
1
&
School of Law
groups or in the inter-action among human beings, of social relationships and the
processes by which human group activity takes place. Thus we can say that the
sociology gives us complete picture of society.
Other social sciences do not give us the complete picture of society . History is
the record of unique events relating to man, Economics is concerned with
activities of production and consumption of wealth, Political science deals with his
political activities and institutions, Anthropology studies his activities and
institutions as they existed in times long past, Psychology is interested in the
springs of human action, the impulses and motives that sustain mental and bodily
activity and regulate human conduct. Thus sociology appeared when it was felt
that other field of human knowledge does not fully explain man’s social behavior.
Sociology is a synthetic discipline trying to unify the results of separate disciplines
and also an analytic and specialized science with its own field of research.
As sociologist we are interested in social relationships not because they are

economic, political or religious, but because they are social. The focus of sociology
is on social relationship. It is primarily interested in man’s behavior in relation to
other men. For example’ in sociology we shall not study religion as religion, art as
an art or government as government, but we shall study them as the forces that
maintain and control social relations.
Definition of Sociology: by different sociologists make it clear that Sociology is

concerned with human relationships. “ Sociology seeks to discover the principles
of cohesion and of order within the social structure, the ways in which it roots and
grows within an environment., the moving equilibrium of changing structure and
changing environment, the main trends of the incessant change the forces which
determine its direction at any time, the harmonies and conflicts, the adjustments
and maladjustments within the structure as they are revealed in the light of human
desires, and thus the practical application of means to ends in the creative activities
2
&
School of Law
of social man.” –MacIver. Further, MacIver has clarified that whatever topic may
be included in the subject matter of sociology, its real subject matter is social
relationships. The basis of social inter-action or social processes is social
relationships. It is on account of such relationship that there is human interaction.
Therefore, if we include social processes or any other matter within the subject
matter of sociology, their study can be carried only on the context of social
relationships. Man becomes a social animal only when he enters into social
relationships. The different aspects of social life viz. Political or Economic are but
the expressions of social relationships. Therefore, in studying sociology we are in
fact studying social relationships in one form or the other. It subject matter is
society rather than the individual though the individual cannot be left utterly out of
account.
In studying social relationships the sociologists attempt to discover the evolution of

society, its systems and structures, the development of social institutions and their
functions, the customs and rules regulating social relationships., the groups and
communities formed by man throughout history, the nature and inter-dependence
of these groups like family, caste, government, economic groups, religious groups
etc. and the phenomenon of social change.
1. “….Sociology is about social relationship, the network of relationship we

call society.” –MacIver and Page. Society 1950—prefaces.
2. “Sociology is the systematic description and explanation of society viewed
as a whole”- Giddings –Introductive Sociology P-9.
3. “Sociology in its broadest sense may be said to be the study of inter-actions
arising from the association of living beings.” Gillin and Gillin -Cultural
Sociology.
4. “Sociology is a generalizing science of socio cultural phenomena viewed in
their generic forms, types and manifold interconnections.” -P.A Sorokin,
Society, Culture and Personality.
5. “Sociology is the science of collective representation.” – Emile Durkheim
3
&
School of Law
6. “Sociology is the science which attempts the interpretative understanding of

social action in order thereby to arrive at a causal explanation of its course
and results.” –Max Weber, Social and Economic Organization.
7. “ Sociology is concerned with the study of the social life of man and its
relation to the factor of cultural, natural environment, heredity and the
group.” –Ogburn and Nimkoff , A Handbook of Sociology.
8. “ Sociology is the study of relations between individuals, their conduct and
reference to one another and the standards by which they regulate their
association.” –E.T.Hiller, Principles of Sociology.
9. “Sociology is the scientific study of social relationships, their variety, their
forms, whatever affects them and whatever they affect.” T. Abel Sociology
Its Nature and Scope.
10.“Sociology is a study of man and his human environment in their relations
with each other” –H.P. Fair Child, General Sociology.
11.“There are certain general principles underlying man’s thought and action in
all stages of social development and in every relation of life. The study of
these is called sociology.” – T.H. Penson, Economics of Everyday Life.
12.“Sociology is a general science of social structure, social processes, inter-
relations and inter-actions´- Prof. R.N. Mukerjee, Advanced Sociological
Theory.
13.“The purpose of sociology is to establish a body of valid principles a fund of
objective knowledge that will make possible the direction and control of
social and human reality.” –Reuter.
14.“Sociology is a body of learning about society. It is a description of ways
and make society better. It is social ethics, a social philosophy. Generally,
However, it is defined as a science of society.” –W.F. Ogburn.
15.“Sociology may be defined as the study of the ways in which social
experiences function in developing, maturing and representing human
beings through inter personal stimulation.”- E.S. Bogardus, Sociology.
SCOPE OF SOCIOLOGY – TWO DIFFERENT VIEWS.
4
&
School of Law
There is no one opinion about the scope of sociology. V.F. Calberton writes,
“Since sociology is so elastic a science, it is difficult to determine just where its
boundaries begin and end, where sociology becomes social psychology and where
social psychology becomes sociology or where economic theory becomes
sociological doctrine or biological theory becomes sociological theory, something,
which is impossible to decide. It is maintained by some scholars that sociology
studies everything and anything under the sun. This is rather too vague a view
about the scope of Sociology. As a matter of fact sociology has a limited field of
enquiry and deals with those problems which are not dealt with by other social
sciences.
In the broadest sense, sociology is the study of human interactions and inter-
relations, their conditions and consequences. Thus ideally sociology has for its
field the whole life of man in society, all the activities whereby men maintained
themselves in the struggle for existence, the rules and regulations which define
their relations to each other, the systems of knowledge and belief, art and morals
and any other capacities and habits acquired and developed in the course of their
activities as members of society. But this is too wide a scope for any science to
deal with properly. An attempt has, therefore, been made to limit and demarcate
the field of sociology. There are two main school of thought among sociologists on
this issue.
One group of writers headed by German sociologist, Simmel, demarcates

sociology clearly from other branches of social study and confines it to the enquiry
into certain defined aspects of human relationship. They regard sociology as pure
and independent. The other group maintains that the field of social investigation is
too wide for any one science and that if any progress is to be made there must be
specialization and division and insists that in addition to special social sciences
such as Economics, Anthropology, History etc. there is need also of a general
social science i.e. Sociology whose function it would be to inter-relate the results
5
&
School of Law
of the special social sciences and to deal with the general conditions of social life.
In the opinion of this group sociology is a general science.
SPECIALISTIC OR FORMALISTIC SCHOOL;
According to Simmel, the distinction between sociology and other special sciences
is that it deals with the same topics as they from a different angle – from the angle
of different modes of social relationships. Social relationships, such as
competition, subordination, division of labour etc. are exemplified in different
spheres of social life such as economic, the political and even the religious, moral
or artistic but the business of sociology is to disentangle these forms of social
relationships and to study them in abstraction. Thus according to Simmel,
sociology is a specific social science which describes classifies, analyses and
delineates the forms of social relationships.
According to Small, sociology does not undertake to study all the activities of
society. Every science has a delimited scope. The scope of sociology is the study
of the generic forms of social relationships, behaviours and activities etc.
Vierkandt, another leading sociologist maintains that sociology is a special branch

of knowledge concerned with the ultimate forms of mental or psychic relationships
which link men to one another in society. According to him, the actual historical
societies, for example, the French society of the eighteenth century, or the Chinese
family are of interest to a sociologist only as illustration of particular types of
relationships. He further maintains that similarly in dealing with culture sociology
should not concern itself with the actual contents of cultural evolution but it should
confine itself to only the discovery of the fundamental forces of change and
persistence. It should abstain from a historical study of concrete societies.
Max Weber also makes out a definite field for sociology. According to him, the
aim of sociology is to interpret or understand social behaviour. But social
6
&
School of Law
behaviour does not cover the whole field of human relations. Indeed not all human
inter-actions are social. For instance, a collision between two cyclists is in itself
merely a natural phenomenon, but their efforts to avoid each other or the language
they use after the event constitute true social behaviour. Sociology is thus,
according to him, concerned with the analysis and classification of types of social
relationships.
According to Von Wiese, the scope of sociology is the study of forms of social
relationships. He has divided these social relationships into many kinds.
Tonnie also has supported the formalistic school. He has differentiated between
society and community on the basis of forms and relationships. He interpreted
social processes quantitatively and gave mathematical formula. Accoding to him:-
P= A x S
Where P=social process, A=attitude, S= situation
Attitude is made up of
A= N x E (N= social nature, E=Previous experience)
S= B x A (B=Geographical conditions, A= attitude of the participants, S=

Situation)
Thus, according to the formalistic school, sociology studies one specific aspect of
social relationships, i.e. their forms in their abstract nature and not in any concrete
situation. A comparison is drawn between the forms of social relationships and a
bottle. A bottle may be either of plastic or any other material. It may contain milk;
water etc. but the contents of the bottle do not change the form of bottle. Similarly,
the forms of social relationships do not change with the change of the content of
social relationships, for example the study of competition – a form of social
relationship will not make any difference whether we study it in the political field
7
&
School of Law
or economic field. Sociology has been compared with Geometry. Just as

Geometry studies about the forms of physical things triangular, square or circular
etc. similarly sociology studies about the forms of social relationships. The relation
of sociology to other social sciences is similar to the relation of Geometry with
other natural sciences. The formalistic school has limited the scope of sociology to
the abstract study of the forms of social relationships.
Criticism of formalistic school: 1, It has narrowed scope of sociology (2)

Sociology, besides studying the general forms of social relationships should also
study the concrete contents of social life. Ginsberg is of the view that Simmel’s
thesis that function of sociology is to study the social relationships in abstraction is
not correct. He maintains that a study of social relationships would remain barren
if it is conducted in the abstract without full knowledge of the term to which in
concrete life they relate. The study of competition, for example, will be hardly of
any use unless it is studied in concrete form in economic life or in the world of art
and knowledge. He is of the opinion that the scope of sociology should not be
limited to the study of social relationships in general but it should be widened by
the addition of the study of these relationships as embodied in the different spheres
of culture under special sociologies like the sociology of religion, of art, of laws
and of knowledge etc. Actually social forms cannot be abstracted from the content
at all, since social forms keep on changing as the content change. In the words of
Sorokin, “ We may fill a glass with wine, water or sugar without changing its form,
but I cannot conceive of a social institution whose form would not change when
its members change.” Likewise its comparison with Geometry is misconceived
because whereas in Geometry the form s of physical things are definite, in
Sociology the forms of social relationships are not definite.
3. The conception of pure sociology is impractical. The formalistic school has

conceived of pure sociology but none of the sociologists has so far been able to
8
&
School of Law
construct a pure sociology as a matter of fact, no social science can be studied in

isolation from other social sciences.
4. Sociology alone does not study social relationships. Political science, Economics
and International Law also study social relationships.
Thus the formalistic school has extremely narrowed and confined the field of
sociology.
(2) Synthetic School :
The synthetic school of thought holds the view that sociology is a synthesis of all
social sciences. Sociology is the science of science. It embraces all social sciences
within its scope.
In other words, it synthesizes them all. There are some modern sociologists like
Emile Durkheim, Hob house, P. Sorokin and others who share this view.
Emile Durkheim
Emile Durkheim, an eminent French sociologist divides sociology into three

principal parts, namely social morphology, social physiology and general
sociology. Social morphology has direct reference, to all those objects which are
basically or fundamentally geographical or territorial in nature.
These objects are of many kinds such as the problems of population, its size,
density and local distribution and the like. Social morphology not only analyses the
size and quality of population but also examines how population affects the quality
of social relationship and social groups.
9
&
School of Law
It also studies the main forms of social groups, institutions and- their
classifications. Social physiology is very complex and it covers all subjects studied
by particular social sciences like religion, economy, language, morals, laws, etc.
It is seen that social sciences like physiology has a number of branches such as
sociology of religion, sociology of economic life, sociology of language, sociology
of morals and sociology of law. All these branches are regarded as special
sociologies.
These sociologists to have subject of their own for example, the sociology of
religion studies language and so on and so forth. It should not be forgotten that
each branch of social physiology is related to a set of social facts which is nothing
but activities of social groups.
Emile Durkheim is of opinion that general sociology is the philosophical part of

sociology. The function of general sociology is to discover the general character of
these social facts. It should discover general, social law of which the different law
established by the special social sciences are particular expressions”.
Hobhouse
Hobhouse an English sociologist, holds some what a similar view on the scope of
sociology. According to him, sociology should be a synthesis of numerous social
sciences. It should include other sciences in its scope.
In his opinion all aspects of social life are inter-connected and therefore, the study
of one aspect of social life cannot be adequate for an understanding of the entire
social fact. Owing to this reason, sociology should study social life as a whole in a
very systematic way.
P. Sorokin
10
&
School of Law
P. Sorokin has also expressed his view on the subject-matter of sociology.

According to him, sociology should aim at studying the relationship that exists
between the different aspects of social phenomena and between the social and non-
social phenomenas. It should study the general features of social phenomena as
well.
From the foregoing discussions on the scope of sociology it can be conveniently

concluded that the range of this science is very wide. Sociology is regarded as a
general science as well as a special science. Like all other sciences, the subject-
matter of sociology is society.
Each of these sciences, as mentioned already, deals with only one particular
aspects of social life. But it is sociology which not only studies social relationships
but also studies society in its entirety.
It aims at studying all aspects of society. At this stage of its development it is

neither essential nor possible to determine the scope of sociology. As sociology is
a developing science it is not easy to delimit what exactly cannot be studied by
sociological method.
Ginsberg’s view: He has summed up the chief functions of sociology as follows:-
1. Sociology seeks to provide a classification of types and forms of social

relationships especially those which have come to be defined institutions
and associations.
2. Secondly, it tries to determine the relations between different parts of factors
of social life – for example:-
a. The economic and political, (b) the moral and the religious (c) the moral
and the legal (d) the intellectual and the social elements.
11
&
School of Law
3. Thirdly, it endeavours to disentangle the fundamental conditions of social

change and persistence and to discover sociological principles governing
social life.
General guidelines given in the seminar held in America Alex Inkeles has put it
as follows:-
(i) Social analysis (ii) Primary concept of social life (iii) Basic social
institution (iv) Processes. JB Mckee holds that social action, social
structure, social process and social institutions are included in the scope
of sociology.
In summing up we can say that the scope of sociology is very wide. It is general
science but it is also a special science. Actually it is neither possible nor
essential to delimit the scope of sociology because this would be as Sprott put it
,”A brave attempt to confine an enormous mass of slippery material into a
relatively very simple system of pigeon hole.”
Famous sociologist Sorokin has stated, “Sociology has been, is, and either will
be a science of general characteristics of all classes of social phenomenon, with
the relationship and co-relationship between them or there will be no sociology”
RELATIONSHIP OF SOCIOLOGY TO LAW
If societies are based upon agreed upon laws, then they are very much
interrelated subjects. They are symbiotic, interwoven, interconnected. When
someone commits a crime against another person or their property, they will have
to face the consequences in a court of law. Or reduce it to a smaller group such as
12
&
School of Law
a tribe. Even amongst members of a tribe, there are laws that may only be verbal,
or perhaps not even as formal as that. They are followed because children see
them in the form of examples as they grow up. Within each tribe, culture or
society, some form of punishment is enforced when a cultural norm is broken.
Devising a sociological concept of law
In contrast to the traditional understanding of law, the sociology of law does not
normally view and define the law only as a system of rules, doctrine and decisions,
which exist independently of the society out of which it has emerged. The rule-
based aspect of law is, admittedly, important, but provides an inadequate basis for
describing, analysing and understanding law in its societal context. Thus, legal
sociology regards law as a set of institutional practices which have evolved over
time and developed in relation to, and through interaction with, cultural, economic
and socio-political structures and institutions. As a modern social system, law does
strive to gain and retain its autonomy to function independently of other social
institutions and systems such as religion, polity and economy. Yet, it remains
historically and functionally linked to these other institutions. Thus, one of the
objectives of the sociology of law remains to devise empirical methodologies
capable of describing and explaining modern law's interdependence with other
social institutions.
Some influential approaches within the sociology of law have challenged

definitions of law in terms of official (state) law (see for example Eugen Ehrlich's
concept of "living law" and Georges Gurvitch's "social law"). From this standpoint,
law is understood broadly to include not only the legal system and formal (or
official) legal institutions and processes, but also various informal (or unofficial)
forms of norm and regulation which are generated within groups, associations and
communities. The sociological studies of law are, thus, not limited to analyses how
the rules or institutions of the legal system interact with social class, gender, race,
religion, sexuality and other social categories. They also focus on how the internal
13
&
School of Law
normative orderings of various groups and "communities", such as the community

of lawyers, businessmen, scientists, members of political parties, or members of
the Mafia, interact with each other. In short, law is studied as an integral and
constitutive part of social institutions, groupings and communities. This approach
is developed further under the section on legal intellectual origins. Max
Weber:The roots of the sociology of law can be traced back to the works of
sociologists and jurists of the turn of the previous century. The relationship
between law and society was sociologically explored in the seminal works of both
Max Weber and Émile Durkheim. The
writings on law by these classical sociologists are foundational to the entire

sociology of law today. A number of other scholars, mainly jurists, also employed
social scientific theories and methods in an attempt to develop sociological theories
of law. Notably among these were Leon Petrazycki, Eugen Ehrlich and Georges
Gurvitch.
For Max Weber, a so-called "legal rational form" as a type of domination within
society, is not attributable to people but to abstract norms. He understood the body
of coherent and calculable law in terms of a rational-legal authority. Such coherent
and calculable law formed a precondition for modern political developments and
the modern bureaucratic state and developed in parallel with the growth of
capitalism. Central to the development of modern law is the formal rationalization
of law on the basis of general procedures that are applied equally and fairly to all.
Modern rationalized law is also codified and impersonal in its application to
specific cases. In general, Weber's standpoint can be described as an external
approach to law that studies the empirical characteristics of law, as opposed to the
internal perspective of the legal sciences and the moral approach of the philosophy
of law.
Émile Durkheim; Émile Durkheim wrote in The Division of Labour in Society

that as society becomes more complex, the body of civil law concerned primarily
with restitution and compensation grows at the expense of criminal laws and penal
14
&
School of Law
sanctions. Over time, law has undergone a transformation from repressive law to
restitutive law. Restitutive law operates in societies in which there is a high degree
of individual variation and emphasis on personal rights and responsibilities. For
Durkheim, law is an indicator of the mode of integration of a society, which can be
mechanical, among identical parts, or organic, among differentiated parts such as
in industrialized societies. Durkheim also argued that a sociology of law should be
developed alongside, and in close connection with, a sociology of morals, studying
the development of value systems reflected in law.
Sociology and Jurisprudence: Jurisprudence is the science of law. It is concerned

with the study of entire body of legal principles. Jurisprudence and Sociology are
intimately related to each other. Sociology is the study of man in society. Law
controls and regulates actions of human beings in society and it is, therefore, a
subject of great importance for the sociologists. There is, however, difference of
approach of a sociologist and of a lawyer to the subject of law. A lawyer is
concerned with the rules that man ought to obey, he is not interested in knowing
how and to what extent these rules govern the behaviour of ordinary citizens. A
sociologist, on the other hand, is interested to law as a social phenomenon. His
chief concern is not with the rules themselves but with whether they are observed
or not and in what way. A sociologist’s study of law from this angle has been given
title of Sociology of Law or Sociological Jurisprudence., Criminology and
Penology are its important branches. Criminology is concerned with the systematic
study of crime and criminal behaviour from the social point of view. Penology
studies the effects of various penal systems of punishment and the efficacy of
reform and rehabilitation schemes in changing criminal behaviour. The branches of
Legal Sociology have rendered great service to the law makers and law executors
by adding to their knowledge how the laws actually
work and how the crime can be effectively dealt with. Sociology has thus shed
considerable light and understanding on the various problems that the society has
15
&
School of Law
to solve, particularly, from the point of view of Criminal Jurisprudence.

Consequently Jurisprudence has assumed a new meaning that laws are to be made
for men and the law makers and its executors are to take into consideration the
human and the social aspect while making or executing it.
In summing up it can be said that Sociology of law is a subfield of sociology that

seeks to examine the social practices and phenomena that surround and define how
law is practiced in different societies. It is a highly interdisciplinary field, as it
draws from law, sociology as a whole, psychology, criminology, economics, and a
variety of other socially and legally important disciplines. Sociology of law is
concerned with a variety of theoretical and practical concerns regarding the social
phenomena surrounding legal theory and practice. Theoretically, the field seeks to
classify the role of law in society, though it also addresses practical interests such
as discrimination and bias.
The role of law in society is one of the broadest and most important concerns of
sociology of law. It encompasses many different facets, including the actual role of
the structure of the legal system and the societal effects of the existence of the legal
system. The presence of certain laws is highly important in governing the behavior
of a population. Sociologists studying sociology of law are interested in defining
the elements of legal systems that give them such efficacy and in determining what
societal roles various facets of a legal system serve. Sociologists may, for instance,
be specifically concerned with which laws and legal systems are good for the
people and which are oppressive.
Important legal and civil issues, such as discrimination and equality, are major
concerns in the field of sociology. Gender and race issues in particular are highly
important and controversial. Different groups have used a given legal system to
attempt to gain greater rights and protection while the same legal system has, in
many cases, proven to be subject to severe bias on the grounds of race or sex. This
concern is highly practical, as discovering the origins of such ambivalence may
provide the key to moving beyond it and providing greater legal fairness for all.
16
&
School of Law
Sociology of law is often referred to as "legal sociology." As suggested by the two

labels assigned to the field, there is some debate in the academic community
regarding how, exactly, the field is to be classified. Some feel that it is, by
necessity, purely part of sociology, as separation from the field of law ensures a
greater degree of objectivity in its analysis of law. Others feel that it should be
classified as a subfield of law that constantly analyzes and attempts to regulate the
social phenomena relating to law. Still others argue that sociology of law is
separate from both sociology and law and is, on its own, a separate and isolated
field of study.
*************
LAW AS A TOOL OF SOCIAL ENGINEERING
Roscoe Pound introduced the doctrine of “Social Engineering” which aims at

building an efficient structure of society which would result in the satisfaction of
maximum of wants with the minimum of friction and waste. It involved the
rebalancing of competing interests. This article analyses the role of legislations,
constitutional provisions and court judgments’ in the process of social engineering
in India. Introduction India, known around the world as a “cradle of civilizations”
has always been a queer mixture of various faiths, religions, a place where the
cultures of the world meet, constituting an environment of composite culture. It
was for this reason that Pandit Jawaharlal Nehru called India the “the museum of
world religions”. Indeed, the very paradigmatic setting of India has been pluralist
all along. Even today the land mass called India, spread over 3.28 million sq km of
area inhabited by a thousand million plus population, with every imaginable kind
of a weather pattern from minus 40 degree Celsius in greater Himalayan region to
50 degree Celsius temperature in the deserts of Rajasthan and temperate weather of
17
&
School of Law
coastal regions, 20 official languages written in 16 different scripts, around 2000

dialects, 16 well demarcated agro-climatic zones2and almost all religions of the
world well and adequately represented, presents a mind boggling variety and
plurality. And all this has a bearing on India’s liberal, secular, republican, politico-
legal system. Under these conditions ,becomes very necessary to have a
mechanism for balancing the interests of the individuals, society and the state.
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
enactment of suitable laws. It is generally recognised that legislation does create
healthy conditions for such changes. 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. This article analyses the role of legislations, constitutional
provisions and court judgments in the process of social engineering in India. The
Concept of Social Engineering Roscoe Pound was one of the greatest leaders of
sociological school of jurisprudence. He introduced the doctrine of “Social
Engineering” which aims at building an efficient structure of society which would
result in the satisfaction of maximum of wants with the minimum of friction and
waste. It involved the rebalancing of competing interests. Roscoe Pound defined
the legal order by reference to the end of law: "It [the legal order] may well be
thought of as a task or as a great series of tasks of social en-gineering; as an
elimination of friction and precluding of waste, so far as possible, in the sa-
tisfaction of infinite human desires out of a relatively finite store of the material
goods of ex-istence."3Interests", "desires", "claims", "wants" - for the most part the
words are used.
18
&
School of Law
Interchangeably in Pound's writings, although "interests" sometimes serves as the

inclusive term.4He writes, “For the purpose of understanding the law of today I am
content with a picture of satisfying as much of the whole body of human wants as
we may with the least sacrifice. I am content to think of law as a social institution
to satisfy social wants--the claims and demands involved in the existence of
civilized society--by giving effect to as much as we may with the least sacrifice, so
far as such wants may be satisfied or such claims given effect by an ordering of
human conduct through politically organized society. For present purposes I am
content to see in legal history the record of a continually wider recognizing and
satisfying of human wants or claims or desires through social control; a more
embracing and more effective securing of social interests; a continually more
complete and effective elimination of waste and precluding of friction in human
enjoyment of the goods of existence-- in short, a continually more efficacious
social engineering.”5Like the engineer, the jurist constructs, creates - but not out of
thin air. Like the engineer, he must work with resistive materials, without which,
however, he could not build at all; and always there are adverse conditions
imposed upon his activity. Friction and waste, represented by a sacrifice of
interests which might be secured, must be overcome. The task is one for human
activity: though requiring methodical care, there is nevertheless nothing static
about it. Technique and materials may be improved, must work on, must create an
ever greater, ever more serviceable structure. The engineering analogy stands out
as both graphic and timely.6According to Roscoe Pound, law is an instrument of
social engineering. The task of jurists is to find out those factors which would help
in the development of culture conducive to the maximization of satisfaction of
wants. These factors are principles as Jural Postulates.
Techniques of Social Engineering:
Pound advocated the technique of Social Engineering for the purpose of balancing
the conflicting interest of the society, in order to achieve maximum satisfaction of
19
&
School of Law
maximum want of the individuals. He advocated that the study of law should be
supplemented by social aspects so that it may become more attractive and useful.
Spencer and Bentham also in a way directly and indirectly applied law to men in
society. Judicial Application: Pound suggested that judicial application of law
should take into account the following factors: (a) The factual study of social
effects of the administration of law. (b) Social investigations as preliminaries to
legislation. (c) The means by which the law can be made more effective should be
devised. (d) A study of legal and philosophical aspect of judicial method. (e)
Sociological study of Legal History. (f) The achievement of the purpose of law. (g)
Possibilities of jurisprudence of interests and reasonable solution of the individual
case.
SOCIAL LEGISLATION AS TOOL FOR SOCIAL ENGINEERING:
When unequal distribution of wealth exists in a society or when social justice is

denied to certain sections of the people laws are enacted to bring about
equilibrium. These laws may be designated under “social legislation”. Social
legislation tries to remove inequalities and to benefit the whole community rather
than a few individuals. It adjusts supplements and sometime replaces the existing
legal system. In other words, in addition to ameliorating the social conditions of
people, it bridges the gulf that exists between the existing law at the requirements
of the society at a given time. Social legislation, in this sense has a special
significance. It is different from ordinary types of legislation in as much as it
reflects the legislative policy of establishing social justice on humanistic and
egalitarian principles. The primary functions of social legislations are summed up
by Hogan and Inni in following words: (1) To provide for the orderly regulation of
social relationship. (2) To provide for the welfare and security of all individuals in
the social unit.9Social legislation, therefore, aims at establishing social equality in
society. The needs of society are adjusted and those who are responsible for
creating imbalances or inequalities in society are prevented from doing so. It is
20
&
School of Law
however, necessary that all social legislation must be accompanied by “social

preparedness” - by effective propaganda to educate the people about its objects and
to convince them of the ultimate utility of a particular legislative measure aimed at
promoting the common good and fostering the common welfare. It is only then that
the law can give direction, form and continuity to social change. The effectiveness
of social legislation also depends on attitude of judiciary Under the traditional
approach, the judges usually paid greater heed to the letter of the law and the
mischief that was to be removed by the law. Social conditions and economic trend
were not supposed to influence him in arriving at a certain decision. But this
attitude appears to have changed in recent times. The judge appears to be
conscious of the felt necessities of the time. He feels that his duty is not only to
point out mistakes of legislature or remove unjustifiable hardships caused by law
but also to assist in the social and economic progress of our times.10
LEGISLATIONS ENACTED FOR THE PURPOSE OF SOCIAL

ENGINEERING8
Balbir Sahay Sinha, Law and social change in India, , 1983, Deep and Deep
Publications, pg. 25 9Hogan and Inni, “American Social Legislations”, Harper and
Brothers, New York, at p.4. 10Supra Note 7. The introduction of certain major
changes in the Hindu family law is a very important instance of social
reconstruction in India in recent times. This has been brought about by such Acts,
as The Hindu Marriage Act, 1955, the Hindu Minority and Guardianship Act,
1956, and the Hindu Adoption and Maintenance Act, 1956. The provisions of these
Acts are calculated to generate effective means of social control. For instance
Section 12 of the Act prohibits polygamy which was very prevalent in the society
before the enactment of the Act. This can be viewed as a measure to balance the
interests of the husband and wife as also a means for social control. The socio-
economic revolution that has resulted from new land legislations is best seen in
rural India. The land reform measures, adopted by the State Governments in the
21
&
School of Law
wake of Constitutional amendments, are meant to mitigate the hardships of tenants,

strengthen and safeguard their tenancy rights and confer a new status on them. This
type of legislation can be rightly regarded as one neutralizing the socio-economic
disharmony in the rural population. The pitiable conditions and large-scale poverty
of the rural population produced a sense of frustration in our peasantry
endangering the entire society. The grievances of the agriculturists are being
gradually removed by the land reform projects which would ultimately bring about
a degree of social satisfaction and create a spirit of co-operation in the
masses.11The new labour laws are aimed at battering the conditions of the workers
in trade and industry. These laws have had an impact on social structure to a large
extent. The individual worker’s interest has been given great importance. The
freedom of contract between the employer and the employee has been regulated in
the interest of the worker and attempt has been made to assure to every worker
condition of work ensuring a decent standard of life. A number of important
enactments as, for example, The Industrial Disputes Act, 1947, The Minimum
Wages Act, 1948, The Plantation Labour Act, 1951, The Maternity Benefit Act,
1961 have been designed to curb, if not eradicate, the urge to exploit workers.
Thus, they promote the welfare of workers and balance interests of employees and
employers hence resulting in social engineering.
-6-
CONSTITUTIONAL PROVISIONS PROMOTING SOCIAL HARMONY:
The glaring inequality of different types more particularly based on sex and caste
prevailed in Indian society until the pre-independence days, despite continuous
efforts by the state, reformers and missionaries to control and eradicate them. The
immediate 11Supra note 7, at pg. 27 tasks for the Indian people and constitution
makers was to establish an egalitarian society. Therefore, in the preamble of the
constitution it was declared that “we, THE PEOPLE OF INDIA, having solemnly
22
&
School of Law
resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR

DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social,
economic and political; LIBERTY of thought, expression, belief, faith and
worship; EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the nation.12The constitutional provisions relating to secularism aim at bringing
about integration and harmony in the society. Article 15 of the Constitution forbids
a classification on the ground only of religion, race, caste, sex, place of birth or any
of them, subject to specified exceptions and Article 16 makes a like provision in
connection with public employment with the addition of “descent” and “residence”
as forbidden grounds of classification. The Constitution gives the right to all
persons to profess freely, practice and propagate religion subject to public order,
morality and to other provisions of the Constitution on Fundamental Rights. Thus,
in India no religion is given a preferential status or accorded any special privilege
and the Constitutional provisions aim that no person should suffer any disability
because of his religion. In order to achieve social progress and political
advancement, the practice of untouchability has been outlawed by Article 17 of the
Constitution and by the Untouchability Offences Act, 1955 enacted in pursuance of
Article 17. These are clear indications to end social equality. The provisions
referred to are aimed at effectively balancing the various conflicting interests in the
society and form the basis of what Roscoe Pound termed as “social engineering”.
A STUDY OF CASE LAWS:
While Sociological jurists emphasize on the balancing of the conflicting interests

of the individual, society and the public through the process which Roscoe Pound
terms as the process of ‘social engineering’, the same has also been witnessed
though the action of the Supreme Court when, in Vellore Citizen’s Welfare Forum
v. The Union of India13 which is known as the Tanneries’ case the Supreme Court
observed as “The Constitutional and statutory provisions protect a person’s right to
23
&
School of Law
fresh air, clean water and pollution-free environment, but the source of the right is
the inalienable common 12Bal Gobind, Kashyap, Reformative law and social
justice in Indian society, 1995, Regency Publications, New Delhi, at p.8 13AIR
1999 SC 2715 law right of clean environment”. The Court further observed, “Our
legal system having been founded on the British Common Law, the right of a
person to pollution-free environment is part of the basic jurisprudence of the land”.
Thus the Court gave priority of public interest over individual interest. In B.
Venkatramma v. State of Madras14, the passing of a communal order by the
Government allotting certain vacant posts in government services in fixed
proportions to Muslims, Christians, Harijans, Backward Hindus, Hindus, Non-
Brahmin Hindus, and Brahmins was taken to be a violation of Article 16(1) of the
constitution by the Supreme Court.
CONCLUSION:
Rapid change in Indian social life is the result of many factors. The influence of
public opinion, the lessons of history, and the examples of progress achieved in
other countries, the impact of ideas from the West- all have played a part. The
legislative activity in India after independence has been directed, by and large,
towards the creation of a new social order. The gap between pressure of changed
patterns and the slowly evolving new norms of social life was sought to be plugged
by many important laws. To make social engineering through the use of law, the
importance of other factors like economic development needs to be realized. Law
cannot, by itself play a vital role unless it is accompanied with economic
development. Public opinion also plays an important role. There should be
awareness amongst the various sections of the society before legislation is enacted
for its successful enforcement. The purpose of social legislation like other types of
legislations is not fulfilled if its enforcement is lax. If laws are evaded by people,
this undermines the purpose of legislation, breeds corruption and puts the
administrative machinery under heavy strain. This may ultimately lead to
24
&
School of Law
disintegration of the society. Hence, rather than passing a number of legislations in

this area without making adequate provisions for their enforcement, it is better to
have fewer social laws containing clear-cut provisions for effective enforcement.
The conflicts in modern Indian society are largely due to the fact that social life has
not been properly adjusted to the forces of present age. In order to harmonize our
relations in the society, it is absolutely essential that changes in law should be pre-
conditioned by the existing public opinion in the society. In other words, the
changes in 14AIR 1964 SC 572 law should be only in those directions and to that
extent which the people in general aspire in the society. Mere super-imposition and
direct adoption of foreign models in their entirely original form can create
disruption and disorder in the society. We should retain our own social values and
include foreign ideals in such a manner that the latter are fully assimilated and
become a part of our social system.
*********
Roscoe pound’s Legal Philosophy in Brief:
1. . Introduction • Pound was born on October 27, 1870, in Lincoln, Nebraska •

Pound attended the University of Nebraska, earning a bachelor of arts degree
in botany in 1888 • He was a prolific writer and his major works include The
Spirit of The Common Law(1921, An Introduction to The Philosophy of
Law (1922) etc
2. Social Engineering • Man is a social animal and needs a society for his
leaving, working and enjoying life • The force which asks for the adoption
of Social engineering is nothing but the conflict of interests of individuals •
“Social” means group of individual forming a society • “engineering” , he
explained his concept by explaining the role of engineer/architect and
25
&
School of Law
equating it to lawyer’s. Just as an engineer chalks up a plan before starting a

project so do lawyer’s they must work with a goal in mind to uplift society
3. Interest Theory • In a society everybody is motivated by their own interest
and wants that preference be given to his or her interest over the other.
Conflicts between interests arise because of the competition of the
individuals with each other • For this purpose a legal system has to •
Recognize certain interest • Define the limits within which such interest are
to be legally recognized and given effect to it. • And finally the above
interest should be secured
4. Pound classified various interests which are to be protected by the law
under three categories which are the following : • INDIVIDUAL
INTERESTS: These are claims or demands involved from
5. the stand point of the individual life which consists of interest of personality,
interest in
domestic relations and interest of substance • PUBLIC INTEREST: These

are the claims or desires asserted by the individual from the stand point of
political life which means every individual in a society has a responsibility
towards each other and to make the use of things which are open to public
use. Interest in preservation of state • SOCIAL INTEREST: These are the
claims or demands in terms of social life which means to fulfil all the needs
of a society as a whole for the proper functioning and maintenance of it.
Interest in preservation of general peace, health, security of transactions,
preserving social institutions like religion, politics, economic
6. Jural Postulates • The guidelines on the basis of which social engineering

should be carried out. • In 1919, Pound summarized the Five postulates,
They are : • Others will not commit any intentional aggressions upon him.
26
&
School of Law
E.g. Assault, battery, wrongful restraint etc. • Others will act with due care
and will not cast upon him an unreasonable risk of injury. E.g. Negligence •
He can appropriate what he has created by his own labour and what he has
acquired under existing economic order for his own use. E.g. agricultural
land and usufruct as property. • The people with whom he deals with in the
general intercourse of society will act in good faith. E.g. Defamation • He
must keep the things within his boundary and should look after those things
so that their escape should not harm others. E.g. Ryland vs. Fletcher case
7. In 1942, Pound added three new postulates in the list which are : • A person
will have security as a job holder. E.g. ruled by labour law, law of contract •
Society will bear the burden of supporting him when he becomes aged. E.g.
1/3rd concession in railway ticket, ceiling of income tax range is more. • The
society as a whole will bear the risk of unforeseen misfortunes such as
disablement. E.g. reservation quota for physically disabled person in
education, travel etc. • The jural postulates are to be applied both by the
legislators and judiciary for evaluating and balancing the various interests
and harmonizing them
8. Criticism • Social engineering has been criticized for the use of the term
engineering, which equates society to a factory like mechanism • Ignores the
fact that law evolves and develops in the society according to social needs
and wants • The dynamic feature of law is undermined • The Conflict of
interest’s e.i Social and Individual.
******
Durkheim: (Emile Durkheim):
Durkheim—a French philosopher (1858-1917) was the first modern thinker who
emphasised on the reality of society. He was a well-known sociologist famous for
27
&
School of Law
his views on the structure of society. His work focused on how traditional and
modern societies evolved and function. Durkheim's theories were founded on the
concept of social facts, defined as the norms, values, and structures of society He
laid emphasis on social facts and provided a separate ground to sociology from that
of psychology. According to him social facts are exterior and can be the subject of
a general science because they can be arranged in categories. He argued that the
discipline of Sociology should be understood as the empirical study of social facts.
.
According to Durkheim idea of anomie means the lack of normal ethical or social
standards. This concept first emerged in 1893, when French sociologist Emile
Durkheim published his book entitled, The Division of Labor in Society. In this
book, Durkheim indicated that the rules of how individuals interact with one
another were disintegrating and therefore people were unable to determine how to
act with one another. As a consequence, Durkheim believed that anomie was a
state where the expectations of behavior are unclear, and the system has broken
down. This is known as normlessness. Durkheim claimed that this normlessness
caused deviant behaviors, and later, as claimed in his 1897
work, Suicide, depression and suicide.
Durkheim's theory was based upon the idea that the lack of rules and clarity
resulted in psychological status of worthlessness, frustration, lack of purpose, and
despair. In addition, since there is no idea of what is considered desirable, to strive
for anything would be futile.
In criminology, the idea of anomie is that the person chooses criminal activity
because the individual believes that there is no reason not to. In other words, the
person is alienated, feels worthless and that their efforts to try and achieve
anything else are fruitless. Therefore, with lack of any foreseeable alternative, the
person falls into criminal activity..
He studied division of labour as a social institution – a collectivity wherein the
multiplicity о individuals secure social coherence. He introduced the concept of
‘anomie’ which is the product of (i) Separation of management о industry from
28
&
School of Law
labour; (ii) disregard to individual natural talent, and (iii) improper coordination of
functional activities.
Durkheim also held that traditional religion has not been able to fulfill the
exigencies of scientific spirit and failed to serve any common purpose. He rejected
the moral authority of the church as a necessity to the betterment of common life.
According to him, “Divinity is merely society transfigured and symbolically
conceived.” He even said, “We must choose between God and Society.”
Durkheim idea on Social Solidarity: He was primarily interested in what holds

society together when it is made up of people with specialized roles and
responsibilities. ...Durkheim argues that societies move from mechanical to
organic solidarity through the division of labor.
His main works are: The Divisional of Labour in Society and Elementary forms of
Religious Life.
Max Weber was a 19th-century German sociologist and one of the founders of
modern sociology. He wrote The Protestant Ethic and the Spirit of Capitalism in
1905.
Weber is best known for his thesis combining economic sociology and the
sociology of religion, elaborated in his book The Protestant Ethic and the Spirit of
Capitalism, in which he proposed that ascetic Protestantism was one of the major
"elective affinities" associated with the rise in the Western world of market.
Weber founded the social action theory and stated that there are two main types
ofsociological theories; the first is the structural or macro theory while the other
issocial action, interpretive or micro perspectives. As the 'micro' name
suggests,social action perspectives examine smaller groups within society.
He argued that bureaucracy constitutes the most efficient and rational way in
29
&
School of Law
which one can organize the human activity and that systematic processes and
organized hierarchies are necessary to maintain order, maximize efficiency, and
eliminate favoritism.
Max Weber's The Protestant Ethic and the Spirit of Capitalism is a study of the
relationship between the ethics of ascetic Protestantism and the emergence of the
spirit of modern capitalism. Weber argues that the religious ideas of groups such
as the Calvinists played a role in creating the capitalistic spirit.
Four major types of social action are distinguished in Weber's sociology. Men
may engage in purposeful or goal oriented rational action (zweckrational); their
rational action may be value-oriented (wert rational); they may act from
emotional or affective motivations, or finally they may engage in traditional
action.
*************
UNIT-2
SOCIAL GROUP: MEANING, DEFINITIONS & CHARACTERISTICS
30
&
School of Law
A social group is a collection of two or more people who interact with each other
and share similar characteristics and collectively have a sense of unity. More
precisely we can say that a social group consists of two or more people who
regularly interact and share a sense of unity and common identity for example, you
could be a member of a sports team, club, sanatan dharma sabha, college class,
workplace, trade union, and more. The definitions of social group by different
sociologists are given as under:-
(1) According to Ogburn and Nimkoff, “Whenever two or more individuals come
together and influence one another, they may be said to constitute a social group”.
(2) According to A.W. Green, “A group is an aggregate of individuals which

persists in time, which has one or more interests and activities in common which is
organised”.
(3) According to Horton and Hunt, “Groups are aggregates or categories of people
who have a consciousness of membership and of interaction”.
(4) According to Maclver and Page a social group is “any collection of human
beings who are brought into human relationships with one another”.
(5) According to Williams, “A social group is a given aggregate people playing

inter-related roles and recognized by themselves or others as a unit of interaction”.
(6) According to E.S. Bogardus, “A social group may be thought of as a number of

persons two or more, who have some common objects of attention which are
stimulating to each other, who have common loyalty and participate in similar
activities”.
The Important Characteristics of Social Group
The Most Important Characteristics of Social Group are listed below:
(1) Given number of Individual:
31
&
School of Law
A social group consists of a given number of individuals. Without a number of

individuals no social group can be formed. Two or more than that individual are
necessary to form a group. This number may vary. These individuals belong to the
group as members of the group and are considered as unit of the group.
(2) Reciprocal Relations:
There exist reciprocal relations among the members of a social group. These
reciprocal relations among the members are the basis or foundation of social group
without which social group cannot be formed. The members must interact or inter-
related with each other.
(3) Common Goals:
It is another important characteristic of a social group. The aims, objectives and

ideals of the members are common. For the fulfillment of these common goals
social groups are formed. Here individual interests are sacrificed for group
interests.
(4) Sense of unity and solidarity:
Members of a social group are always tied by a sense of unity and bond of
solidarity, common goals and mutual relations strengthens this bond of unity and
solidarity. This creates loyalty and sympathy among the members of social group.
(5) A strong sense of awe-feeling:
Members of a social group are characterized by a strong sense of we-feeling. This

we- feeling fosters co-operation among members. Because of this we- feeling the
members identify themselves with the group and consider others as outsiders.
(6) Group Norms:
Every social group has its own, regulations and norms which the members are
supposed to follow. With the help of these rules and norms the group exercises
32
&
School of Law
control over it’s members. These norms may be written or unwritten. Any violation
of group norms is followed by punishment. The group norms maintain unity and
integrity in the group.
(7) Similar Behavior:
Members of a social group show similar behavior. As the interests, ideals and
values of a group are common hence its members behave in a similar manner. This
similar behavior helps in the achievement of common goals.
(8) Awareness:
Members of a social group are aware about the membership which distinguishes
them from others. This is perhaps due to ‘the consciousness of kind’ as opined by
Giddings.
(9) Group Control:
Social group exercises some sort of control over its members and over their
activities. This control may be direct or indirect. Of course group exercises control
only over non-conformists or deviants.
(10) Social groups may be permanent or temporary in nature. There are permanent
groups likes family and temporary groups like crowd, mob etc.
(11) Social groups are dynamic in nature. It is not static. It responds to different
changes. The nature of change may be slow or rapid but it is bound to occur.
(12) Social groups have established patterns.
Classification of Social Groups by C.H. Cooley
On the basis of relationship Colley, an American Sociologist classified social

groups as: (1) primary and (2) secondary. He classified these 2 groups in his book
"Social Organization" in the year 1909. Primary group is small in size, intimate
33
&
School of Law
relationship, co-operation among members – family, play group. There should be

limited, own interest, should fulfill the need of others, mutual understanding direct
(face to face) relationship for a common decision, closeness is there, spirit of give
and take. 'Face to face' is not a characteristic of primary group – some sociologists
have said. R.C. Farris has criticized – he says physical proximity is not primary
group like Kinship. In this we do not have a face to face relation but while taking a
decision we keep everyone in mind with whom we have blood relationship. R.C.
Farris another e.g. in a court the judge lawyer, criminal – all are face to face but
not a primary group because there is no feeling.
Definition of Primary Group

Cooley – "By primary group I mean those characterized by intimate face to face
association and co-operation. They are primary in several senses, but chiefly they
are fundamental informing social nature & ideals of the individual" for example: a
family, elders’ gathering and child’s play school.
Lundberg in his book "Sociology" – "Primary group means two or more person
behaving in relation to each other in a way that is intimate, cohesive and personal.
Bierstead – in his book 'social order' says – "By primary group meant the intimate
personal face to face groups in which we find our companions and comrades the
members of our family and our daily associates.
Definition of Secondary Group

Secondary Group: Always goal oriented. There is co-operation but this co-
operation is indirect. In Secondary group we find Impersonal and indirect
relationship. It is optional membership. Eg. Trade Union, City, person, etc. These
are Large in size. There is seldom face to face relationship, no mutual
identification.
According to Cooley – There are groups wholly backing in intimacy of

association and usually most of the other primary and quasi – primary
characteristic.
34
&
School of Law
According to Kinsley Davis – "Secondary group can roughly be defined as

opposite of everything said about primary group".
Oglourn & Nimkoff – "The group which provides experience lacking in intimacy
are called secondary group.
(If difference between primary and secondary group is asked then start the answer
with K. Davis's difference.)
Characteristics of secondary group –
1. To fulfill some common goal

2. Lacking in intimacy
3. Indirect relationship
4. Optional membership.
Difference between Primary Groups and Secondary Groups
SR.NO Primary Group Secondary Group

Mutual relations of the members are
Mutual relations of the members are indirect and there is task of face to face
1 direct and more intimate. relations.
There is no continuity or permanence of
There is continuity of relationship relationship of the members and the
among members and they know knowledge of the members is limited
2 each other from childhood. only to his work.
The position of each person is The position of member is determined by
3 determined on the basis of family his work or function.
4 Relationship is natural. Relationship is formal.
The behavior of members is The behavior of members is controlled
5 controlled by the Inner powers. by external.
Individual depends upon the group Individual is self reliant from the point of
6 for fulfillment of his needs. view of fulfillment of his need.
7 The membership is compulsory and The membership is optional. He can
35
&
School of Law
continues for lifelong. resign from the membership at any time.

The aims of the members are The aims or interests of the members are
identical or same. There is love and not identical or same. Lack of co-
8 sympathy. operation and sympathy.
The size is big and relations are
9 The size is small. impersonal.
10 Found mostly in the village. Found mostly in the cities.
Controls even personal life of its Do not exercise any control over the
11 members. personal of its members.
The individual becomes its member
since his childhood it cannot be The individual becomes its member later
12 acquired. on and its membership is required
WILLIAM GRAHAM SUMNER’S CLASSIFICATION OF GROUPS:
IN-GROUP & OUT GROUP
William Graham Sumner (October 30, 1840 – April 12, 1910) was
an American academic and “held the first professorship in sociology” at Yale
College. For many years he had a reputation as one of the most influential teachers
there He was a polymath with numerous books and essays on American
history, economic history, political theory, sociology, anthropology. He is credited
with introducing the term “ethnocentrism,” a term intended to identify imperialists’
chief means of justification, in his book Folkways (1906). Sumner is often seen as
a proto-libertarian. He was also the first to teach a course entitled “Sociology”.
Determining rights arise from within in the in-group; Sumner believed that rights
come with responsibilities. Rights and liberty are to be protected by civil law. Law
should not restrict liberty, but it should provide proper discipline and punishment
to protect the rights of citizens. In addition Sumner recognized the rights of
individuals to protect themselves collectively. Sumner was a critic of natural rights,
famously arguing, “Before the Tribunal of nature a man has no more right to life
than a rattlesnake, he has no more right to liberty than any will beast, his right to
36
&
School of Law
pursuit of happiness is nothing but a license to maintain the struggle for

existence.”(Earth Hunger and Other Essays, p.234)
As a Sociologist he did valuable work in charting the evolution of human “customs

– folkways and mores.” He concluded that the power of these forces developed in
the course of human evolution rendered useless any attempts of social reform. He
also originated the concept of ethnocentricism, a term now commonly used, to
designate attitudes of superiority about one’s own group in comparison with
others. The term has survived and still used in Modern Sociology. In economics he
advocated a policy of free markets, anti-imperialism and the gold standards.
Sumner’s classification of groups: In-groups and Out-groups.
The individual belongs to a number of groups which are his in-groups; all other
groups to which he does not belong are his out-groups. In the members of in-
groups there are similar reactions and attitudes on a particular issue. They identify
themselves. There is sense of belongingness together, which is the core of group
life. There is feeling that their personal welfare is in some way or other bound up
with that of the other members of the in-group . They have considerable degree of
sympathy, cooperation, goodwill, mutual help and respect of another’s rights.
There is readiness of members of in-group to sacrifice for the group and they do
not like to hurt any member. Any act is inclined to be done to give pleasure to
other member.
Example of In-group: Family, Tribe, Caste, College etc. to which a person

belongs.
In-groups’ organization based upon the elements of exclusion and inclusion. The
members of the in-group signify their unity by the word “We” and their
distinctiveness from others by applying to those the term “They”. The attitude of
37
&
School of Law
an individual towards out-group members is one of “antipathy” which may range

from a mildly to an intense hatred.
Example: One of the best families will welcome as a daughter-in-law a girl from
another of the best families, but they may go so far as to disown the son who
brings home as his bride a girl from the other caste.
Out-group is that group towards whom we feel a sense of indifference, avoidance,

disgust, competition or outright conflict. The distinction between these groups is
usually expressed in the contrast between “We” and “They” or “Other”. But the
distinction between “We” and “They” is a matter of Situation definition. For
example a wife serving in women’s college becomes a member of the out-group
for a husband serving in the men’s college, though as a wife in the family she and
the husband are members of the in-group.
An individual belongs to a variety of groups. He may be at once the member of the

family, a neighbor-hood, a political party, a church, a union a club or a class.
Although each group satisfies some or the other aspects of his personality, yet
these groups are not necessarily complementary groups, indeed they are often
conflicting.
ETHNOCENTRICISM: Ethnocentricism is a characteristic of the in-group based

on the idea that your own race, nation, group etc. is better than other and is the
centre of everything. W.G. Sumner defined ethnocentricism as “the technical name
for the view of things in which one’s own group is the centre of everything and all
other are scaled and rated with reference to it.” He further characterized it as often
leading to pride, vanity, beliefs of one’s own group’s superiority and contempt of
outsiders.
Ethnocentrism, also involves a double moral standard. Sumner wrote, “there are
two codes of morals and two sets of mores one for comrade inside and other for
38
&
School of Law
stranger outside. When outsiders are involved “it is meritorious to kill, plunder,
practice blood revenge and to steal women and slaves, but inside none of these
things could be allowed because they would produce discord and weakness.”
CONCLUSION: While ethnocentrism is an important factor in maintaining the

solidarity of the group, it is on the whole, a menace to society. It is the cause of
group antagonism and hatred. Because of it, the people exaggerate their own
qualities without understanding the qualities of others It thus obstruct the
individual from having a right outlook thereby obstructing his progress.
Ethnocentricism is a great barrier in the way of inter-group cooperation and mutual
understanding. Clearly ethnocentrism is related to problem of both racism and
prejudice – present day policies of US, European Imperialism etc.
The mandate of the heaven – Philosopher Confucius: “The emperor was referred as
the son of heaven, exemplifying the intense control he had over the people.
Nazi Germany: Most known and most horrible example – Adolf Hitler – hated
Jews, Jews and many innocent people slaughtered.
*****
Community and Association
Meaning of Community:
The word community has been derived from two words of Latin namely ‘com’ and
munis. In English ‘com’ means together and ‘munis’ means to serve. Thus,
community means to serve together. It means, the community is an organisation of
human beings framed for the purpose of serving together. Community is a people
living within a geographical area in common inter-dependence. It exists within the
society. It is bound by the territorial units. It is a specific group while society is
abstract. “Community living is natural to man.
39
&
School of Law
He is born in it and grows in the community ways. It is his small world. Men, we
have seen began with group life. Over the time, they occupied a habitat and while
in permanent occupation of it; they developed likeness, common habits, folkways
and mores, interdependence and acquired a name.
They developed amongst themselves a sense of togetherness and an attachment to

their habitat. A community thus has a habitat, strong community sense, and a
manner of acting in an agreed and organized manner. There are various definitions
of community.
Lundberg: “Community is a human population living within a limited geographical

area and carrying on a common interdependent life”.
Osborne and Neumeyer write, “Community is a group of people living in a

contiguous geographic area, having common centres of interests and activities, and
functioning together in the chief concerns of life.”
According to Kingsley Davis, “Community is the smallest territorial group that can
embrace all aspects of social life.”
As Sutherland points out, “It is a local area over which people are using the same
language, conforming to same mores, feeling more or less the same sentiments and
acting upon the same attitudes.”
Maclver defines community as “an area of social living, marked by some degree of
social coherence.
For Bogardus it is a social groups with some degree of “we feeling” and “living in
a given area.
Mannheim describes community as “any circle of people who live together and
belong together in such a way that they do not share this or that particular interest
only but a whole set of interest.
40
&
School of Law
Ogburn and Nimkoff: Community is “the total organisation of social life with a
limited area”,. They further say community is “any circle of people who live
together and belong together and have not one interest only, but a whole set of
interests”.
Ferdinand Tonnies: “A community is one in which human relationships are

intimate and durable.’
Basic Elements of Community:
According to Maclver and Page, there are two main bases or essential elements on
the basis of which community is formed.
(i) Locality:
Locality implies a particular or territorial area unless a group of people live in a

particular locality; they cannot establish relations and generate the we-feeling
among themselves. Living together facilities people to develop social contacts,
give protection, safety and security. Locality continues to be a basic factor of
community life. Maclver says, though due to the extending facilities of
communication in the modern world the territorial bond has been broken, yet “the
basic character of locality as a social classifier has never been transcended.
(ii) Community Sentiment:
Community can be formed on the basis of community sentiment. It is extremely

essential. It implies ‘a feeling of belonging together.” It is a ‘we-feeling’ among
the members of a community. People living in a community lead a common life,
speak the same language, conform to the same mores, feel almost the same
sentiment and therefore, they develop a feeling of unity among themselves.
In other words, it can be said that community feeling has the four important aspects
such as we-feeling, interdependence, participation and community control. The
community sentiments are developed by we-feeling. The members of community
41
&
School of Law
develop we-feeling by their mutual interdependence. They contribute to the

progress of the community by participating in its activities. Community controls
the behaviour of its members. The obedience to community rules brings uniformity
among the members.
Other Elements of Community:
Some other elements of community are as follows:
(i) Group of people:
Fundamentally, a community consists of a group of people. A solitary individual

cannot form a community when a group of people share the basic conditions a
common life, they form community.
(ii) Naturality:
A community is not deliberately or purposively created. It is a spontaneous or

natural growth. An individual is born in a community. It is my virtue of
community that he develops.
(iii) Permanence:
A community is generally not temporary or short-lived like a crowd or a

revolutionary mob. It is a permanent organisation or durable social group. This
durability is evident from the age-old communities existing in modern times. A
community continues as long as members are there.
(iv) Likeness:
In a community there is a likeness or similarity in language, custom, mores,

traditions etc. among the members. So A. W. Green has rightly said, “A
community is a cluster of people living within narrow territorial radius who share a
common way of life.”
42
&
School of Law
(v) A Particular Name:
Every community is always known with a particular name, their immediate bases
of origin give such community a particular name. For example based on the
linguistic condition people living in Orissa are called Oriyas; living in Kashmiri
culture are called Kashmiris.
(vi) Spontaneity:
Every community grows itself spontaneously. A community is not deliberately or

purposively created. A kind of natural force acts behind the origin and
development of communities. Various factors like customs, conventions, and
religious beliefs bind the individuals together.
(vii) Common Life:
Some sociologists like Elwood says that the life of the people in a community is
near about the same. There is no epochal difference between the way of life of the
individuals. Their eating pattern, dressing style, language etc. are found to be
similar. Due to their inhabitation on a particular geographical area, they develop a
kind of emotional and cultural uniformity. Community is never formed with a
particular aim. But they are the outcome of social uniformity among the
individuals.
(viii) Common Interests:
In community, all the members have common and collective interests. People live
in community and work together to fulfill these interests. Thus, Neumeyer says,
community is a group of people living in a delimited geographic area, having
common interests and activities and functioning together in the chief concern of
life.
(ix) A community is not a legal person. In the eyes of law, community has no legal
rights and duties. It can neither sue nor can be sued.
43
&
School of Law
(x) A community may be big or small. The larger community provides peace and
protection, the smaller provides friends and friendship. Today efforts are being
made to extend the limits of a community so as to include the whole earth and
create one world community. Smaller communities like village or neighbourhood
are the example of a primitive world. With the expansion of community to the
dimensions of the nation and even the word, smaller communities now remain only
in degree. Both the type of communities, big or small is essential to the full
development of human life.
Association:
Meaning of Association:
An association is a group of people organized for a particular purpose or a limited

number of purposes. To constitute an association there must be, firstly, a group of
people; secondly, these people must be organized one, i.e., there must be certain
rules for their conduct in the groups, and thirdly, they must have a common
purpose of a specific nature to pursue. Thus, family, church, trade union, music
club all are the instances of association.
Associations may be formed on several bases, for example, on the basis of

duration, i.e. temporary or permanent like Flood Relief Association which is
temporary and State which is permanent; or on the basis of power, i.e. sovereign
like state, semi-sovereign like university and non-sovereign like club, or on the
basis of function, i.e. biological like family, vocational like Trade Union or
Teachers’ Association, recreational like Tennis Club or Music Club, Philanthropic
like charitable societies.
Some of the definitions of association are mentioned below:
According to Maclver, “An organization deliberately formed for the collective

pursuit of some interest or set of interest, which the members of it share, is termed
as association.
44
&
School of Law
Ginsberg writes, “An association is a group of social beings related to one another
by the fact that they posses or have instituted in common an organization with a
view to securing specific end or specific ends:”
G. D. H. Cole says, “By an association I mean any group of persons pursuing a

common purpose by a course of corporative action extending beyond a single act
and for this purpose agreeing together upon certain methods of procedure, and
laying down, in however, rudimentary a form, rule for common action.”
Bogardus: “Association is usually a working together of people to achieve some

purpose.”
Essential Elements of Association:
Essential elements of an association are as follows:
(1) It is a concrete form of Organization:
Association is a group of persons collected together with some particular aim. It is,
thus, a concrete group which can be seen; while at work. Thus, in contrary to
society’ Association is a concrete form of organization of human beings.
(2) It is established:
Like community, association does not grow spontaneously. It has no natural

growth and it does not grow itself. They are created by men to satisfy some motive
or cause Rules and regulations are formed to run a particular kind of association
and the member of the association run it on the basis of these rules and regulations.
There, we find a ‘code of conduct’ to be followed by the office-bearers and other

members of the association. Moreover, their rules and regulations are subjected to
drastic changes if the creator of association desire so.
(3) Its aim is determined:
45
&
School of Law
No association is formed without any aim. First, there is the problem and the
solution of which, becomes the aim of the association formed to solve such
problems. For example, if it is a dramatic association, then its aim will naturally be
to stage dramas and plays. No association can maintain its identity without any
distinct aim and object.
(4) Followers of rules and regulations are the only members:
Every association floats on the ground of certain rules and regulations. It also
contains code of conduct for the members. Those who follow the rules^ and
regulations provided for and participate in the pursuit of the aim of the association
are only called as the members of it.
Anyone acting contrary or disowning the obligations as members may be expelled

from the membership; as per procedure framed for the purpose. For example, if the
member of “political association” stops believing or start criticizing the policies of
the association of which he has been, hitherto the supporter, shall cease to be the
member.
It also becomes obligatory for every member to co-operate with other in the
achievement of the goals of the association. Otherwise, what for else is he the
member? What is his aim of joining such an association? The answer is; it is
useless for him to be the member of such an association, and it is equally useless
for an association to keep such an individual on the membership list.
(5) Its membership is voluntary:
An association is not an essential organization like State or society. Neither it is a

natural organization in which every one’s contribution can be asked for on natural
grounds. Neither there is any common instinct among the persons based on
common and unified ideology to become the member of a particular association.
And, also there is no ‘whips’ from the heaven or State to every citizen to form a
association and to become its member.
46
&
School of Law
But the membership of an association is voluntary. A person becomes the members

because he wants it and only because he likes it and if he grows a feeling of dislike
he is absolutely free to disown any such association. “Mr. A is free to become the
member of Arya Samaj and shift its memberships from Brahmo Samaj to Sanatan
Dharam Samaj.” There are no restrictions, no law and no suppression of Mr. A for
his changes.
(6) An association exists for its aims and objects:
The life of an association is up to the achievement of the aim for which it has been
created. The existence of association after his achievement of the aim becomes,
immaterial and irrelevant. It becomes nominal and lifeless body of formalities
only. “The aim is the soul of the association.
DIFFERECE BETWEEN ASSOCIATION AND COMMUNITY
Association Community
1. An association is a group within 1. The community is a whole
community and is partial
2. Association voluntarily 2. Community comes into existence
constituted. by itself.
3. Membership of an association is 3. Membership of a community is
voluntary. compulsory.
4. An association has some definite 4. Community fulfills all the needs of
objectives its members.
5. Associations are generally 5.A community is a permanent
transitory and serve as a means. settlement and
Is a mean as well as end
6. An association has a legal status 6. A community has no legal
status. Neither it can sue nor can it be
sued.
7. An association is a mandate 7. A community is the natural
organization development of those social forces
47
&
School of Law
which inspire men to come together.

8. Association exists within a 8. A community is a self contained
community, whereby its members group whose members live a common
pursue their individual and social life and whose membership has a wider
interests. Membership in an significance.
association has a limited
significance.
9. Association is comparatively 9. Community is comparatively
more unstable. more stable.
10.Association is limited in its aims 10. Community offers wider scope
and scope. Hence, it cannot for the development of human
include all the aspects of human personality.
life.
11.Association has its own property. 11. Community does not have any
property of its own.
12.Association has its office bearers 12. An office is not necessary to
who manage the affairs of constitute a community.
association.
13.An individual takes part in an 13. Man is born in a community.
association because of particular
interest.
14, Association has its own special 14. In community harmony is
rules which maintain its harmony. maintained by customs and traditions.
15.In association there is no intimate 15.Community is based on intimate
sentiment community sentiments.
Types of Communities:
1. Folk Community: The folk community is small in size, isolated from other
communities, consists of non-literate and socially homogeneous people with a
strong sense of group solidarity. The way of living of fold community are
conventional, behaviour is traditional, spontaneous and personal.
48
&
School of Law
2.Tribal Community: The tribal community is a society based upon kinship,

united in language dialect, recognizing social distance from tribes, following the
tribal traditions, beliefs and customs and having territorial affinity and geographic
isolation.
3. Rural Community: The rural community is a human settlement which is

relatively small, less densely populated and more homogenous with reference to
social, economic, linguistic and cultural characteristics.
4. Urban community: The urban community is a human settlement which is

relatively large and socially heterogeneous and having its occupational and
economic structure a predominantly non-agricultural. Use of machinery in
production of goods is the common feature of the urban community.
Types of Associations:
Association may be formed on several basis. For example:-

1. On the basis of duration: (a) Temporary association e.g. floods relief
association. (b) Permanent association e.g. state.
2. On the basis of power: (a) Sovereign association, e.g. state. (b). Semi-
sovereign association, e.g. University. (c) Non-sovereign association, e.g.
club.
3. On the basis of function: (a) Biological function, e.g. family. (b Vocational
function, e.g. teachers’ association (c) Recreation function, e.g., tennis club.
******
TRIBES: DEFINITIONS, CHARACTERISTICS AND PRESENT STATUS

IN INDIA
The tribes in India form an important part of the total population. It represents an
element in Indian society which is integrated with the culture mosaic of our
civilization. The term ‘tribe’ is derived from the Latin word ‘tribus’. Earlier
Romans used this term to designate the divisions in society. Latter use suggests
49
&
School of Law
that it meant poor people. The present popular meaning in English language was
acquired during the expansion of colonialism particularly in Asia and Africa.
The present popular meaning of ‘Tribe’ in India refers to a category of people,

included in the list of Scheduled Tribes. It has carried different connotations in
different countries.
In none of the Indian language there were the term tribes. In India the term ‘tribe’
conveys a meaning of a bewildering and enchanting group of people. It refers to
preliterate, localised social group the members of which speak a common dialect.
The tribal people have been known by various names such as Adivasi, Vanavasi,
Vanyajati, Adimjati, Girijan and Pahari etc. Ghurey has described them as
backward Hindus.
The Indian Constitution has made important provisions for the development and
welfare of the tribes. A list of tribes was adopted for this purpose. The list has been
modified from time to time.
A tribe has been defined in various ways. The Constitution, however, does not
provide a definition of a tribe. The people who have been listed in the Constitution
have been termed as Scheduled Tribes.
Academicians have been making their efforts to define tribe. The Dictionary of
Sociology defines tribe as a “social group, usually with a definite area, dialect,
cultural homogeneity and unifying social organization”.
According to the Imperial Gazetteer,
“A tribe is a collection of families bearing a common name speaking a common

dialect, occupying or professing to occupy a common territory and is not usually
endogamous though originally it might have been so.”
Following are some more definitions of Tribe:
50
&
School of Law
Gillin and Gillin, “Tribe is a group of local communities living in a common area,
speaking a common dialect and having a common culture.”
Bogardus: “The tribal group was based on the need for protection on ties of blood
relationship, and on the strength of a common religion.”.
D.N. Majumdar: “ A tribe is a collection of families bearing a common name,

members to which occupy the same territory, speak the same language and
observe certain taboos regarding marriage, profession or occupation and have
developed a well assessed system of reciprocity and mutuality of obligation”.
George Peter Murdock: “Tribe is a social group in which there are many clans,
nomadic bands, villages or other sub groups which usually have a definite
geographical area, a separate language, a singular and distinct culture and either a
common political organization or at least a feeling of common determination
against the strangers.”
Characteristics of Tribe:
1. Common name, 2.Common territory 3.Sense of Unity, 4. Not usually

endogamous though originally it might have been so 5.Common Language
6.Blood relationships 7. Unique Political organization- Chief of the tribe
who exercise authority, he enjoys both administrative as well as judicial
powers. A council of elders i.e. gerontocracy may be the governing body
(political system governed by old men) 8. Importance of religion God,
ancestor worship with rituals, Nature of Totem worshipper 9.Notion of joint
ownership of forest property 10. They love non-vegetarian food and drink
11.Common culture which produces a life of homogeneity among them 12.
Belief in Magic. A Magical act is a arite carried out to twist nature in a
specific way to satisfy human desire. Supernaturalism plays a dominant role
in tribe. 13. Extradition is considered punishment.
STEPS TAKEN BY GOVERNMENT TO IMPROVE STATUS OF TRIBES:
51
&
School of Law
1.Constitutional Provisions and Safeguards, Art. 342, .According to this

provision, President of India has specified these communities through Constitution
(Scheduled Tribes).Art, 164, Art. 244 and Art. 275 respectively provided for a
Ministry of Tribal Welfare, Administration of Scheduled areas and for grant of
special funds by the Union Government for welfare of scheduled tribes.
2. Representation in Legislatures and Panchayats: Under Article 330 and 332

of the Indian Constitution, seats have been reserved for Scheduled Tribes in Lok
Sabha and state Vidhan Sabhas.
3. Reservation in the Service:
Government has made provisions for their adequate representation in the services.
To facilitate their adequate representation certain concessions have been provided,
such as :
(i) Exemption in age limits,
(ii) Relaxation in the standard of suitability
(iii) Inclusion at least in the lower category for purpose of promotion is otherwise
than through qualifying examinations.
4. Administration of Scheduled and Tribal Areas:
‘Scheduled Areas’ have been declared in the States of Andhra Pradesh, Bihar,
Gujarat, Madhya Pradesh, Maharashtra, Orissa, Himachal Pradesh and Rajasthan.
The scheme of administration of’ Scheduled Areas under the Fifth Schedule
visualises a division of responsibility between the State and Union Governments.
The State Governments have been given the responsibility of screening the
legislations which are unsuitable for extension to the tribal areas. They are also
responsible for framing rules for the prevention of exploitation of the tribals by the
money-lenders. They implement schemes for the welfare of the tribals living
within its boundary.
52
&
School of Law
The Union Government provides guidelines in regard to the administration of

Scheduled Areas. It also provides necessary funds that are required to raise the
standard of administration and for the improvement in the quality of life of the
tribal communities. The Union Government also has the power to give directions
to the State Governments about matters relating to the welfare of the Scheduled
Tribes.
5. Tribes’ Advisory council:
The Fifth Schedule of the Constitution provides for the setting up a Tribes’
Advisory Council in each of the States having Scheduled Areas. According to this
provision, Tribes’ Advisory Councils have been set up so far in the states of
Andhra Pradesh, Bihar, Madhya Pradesh, Orissa, Punjab, Rajasthan and West
Bengal. The duty of these Councils is to advise the Government on such matters
concerning the welfare of Scheduled Tribes and development of Scheduled Areas.
Advisory Boards for the Scheduled Tribes have been set up in Assam, Kerala and
Mysore to advise the State Governments. Tribes’ Advisory Committees have also
been formed in the Union Territories of Andaman and Nicobar Island, Himachal
Pradesh, Manipur and Tripura.
6. Commissioner for the Scheduled Castes and Tribes:
Under Article 338 of Indian Constitution a Commissioner has been appointed by

the President of India. The main duty of the Commissioner is (i) to investigate all
matters relating to the safeguards for Scheduled Castes and Scheduled Tribes under
the Constitution and (ii) to report the President on working of these safeguards.
7. Welfare Department in the States:
Under Article 164 (i) of the Constitution there is a provision of Welfare

Department in the States of Indian Union. In Bihar, Madhya Pradesh and Orissa,
Welfare Departments in the charge of a Minister have been set up. Welfare
Departments have been set up in these States as well us in Andhra Pradesh, Assam,
53
&
School of Law
Kerala; Tamil Nadu, Karnataka, Punjab, Rajasthan, Uttar Pradesh, West Bengal,
Himachal Pradesh, Manipur and Tripura.
8. Educational Facilities:
Measures to provide educational facilities have been taken by the Government

.Emphasis is being laid on vocational and technical training. According to these
measures, concessions, stipends, scholarships, books, stationery and other
equipments are provided. Residential schools have been set up for them.
9. Scholarships:
The Central Government awards scholarships to deserving students for higher

studies in foreign countries. Seventeen and half per cent of the merit scholarships
are granted by the Centre, to deserving students of lower income groups.
10. Economic Opportunities:
A large number of tribal people practice shifting cultivation. This problem is in

acute form in the States of Andhra Pradesh, Assam, Bihar, Madhya Pradesh,
Orissa, Manipur and Tripura. A scheme to control shifting cultivation has been
started.
Besides this, Andhra Pradesh, Bihar, Tamil Nadu, Orissa, Uttar Pradesh have
launched schemes to improve irrigation facilities to reclaim waste land and to
distribute it among members of the Scheduled Castes and Tribes. In addition,
facilities for the purchase of livestock, fertilizer, agricultural equipment, better
seeds are also provided to them. Cattle breeding and poultry farming are also being
encouraged among these people.
The Governments of different States are encouraging the development of cottage

industries by providing loans and subsidies through various schemes. Multipurpose
co-operative societies which provide credit in cash and kind to the Scheduled
54
&
School of Law
Castes and Scheduled Tribes have been established in various States such as
Andhra Pradesh, Bihar, Tamil Nadu and Orissa etc.
11. Tribal Research Institute:
Tribal and Harijan Research Institutes, which undertake intensive studies of tribal
arts, culture and customs have been set up in Bihar, Madhya Pradesh, Orissa,
Rajasthan and West Bengal.
The Indian Constitution has made important provisions for the welfare of
Scheduled Tribes. The Central Government and State Governments have made
incessant effort in the direction of tribal welfare. Special programmes for their
welfare and development have been undertaken in the successive Five Year Plans.
The primary objective of Community Development Programme was to achieve

rural development. This was envisaged by making available the required services
at the doors of people. But there were remote inaccessible areas and there was
almost total absence of additional infrastructural facilities. Therefore, special
efforts and greater financial investment were required to extend the services
available under the Community Development Programmes to tribal areas.
The Tribal Sub-plan Approach includes:
(a) Integrated Tribal Development Projects comprising generally administrative

units like sub-divisions / Districts / Tehsils with 50 per cent or more Scheduled
Tribe population.
(b) Pockets of tribal concentration having a total population of 10,000 or more and
a ST population of 50 per cent or more.
(c) Primitive Tribal Group Projects. The Tribal Sub- Plan continued as the main
instrument for the development of STs. The Sixth Plan attached primary
55
&
School of Law
importance to poverty alleviation among the STs. Effort was made under TSP to
raise at least 50 per cent of tribal population above poverty line. The major
objectives of the tribal development have remained as follows:
(i) To take up family oriented programmes in order to raise productivity levels of

the beneficiary families in the fields of agriculture, horticulture, animal husbandry,
small scale industries etc.
(ii) To liberate tribals from the exploitation of land grabbing, money-lending, debt-
bondage, forest-labour etc.
(iii) To improve the quality of life through education and training programmes and
(iv) To provide infrastructural Facilities in tribal areas. The Tribal Sub-plan is

financed through the resources
Drawn from:
(i) State plans
(ii) Special Central assistance of Ministry of Home Affairs (now Ministry of

Welfare).
(iii) Central and Centrally sponsored programmes, and
(iv) Institutional finance.
The Constitution of India provides for a number of safeguards for the ST» mainly
to facilitate the implementation of the ‘Directive principles’ contained in Article 46
of the X Constitution. The important safeguards provided in the Constitution
include Article 46 {promotion of Educational and Economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections, 330 (Reservation of seats for
SCs and STs in the House of people, 332 (Reservation of seats for SCs and STs in
the legislative Assemblies of the states, 335 (claims of the SCs and STs to service
and posts etc.
56
&
School of Law
Programmes for which Central assistance is given can be divided into three groups
namely education, economic upliftment and health. The services provided to tribals
under these programmes are free education, provision for educational equipment,
Ashram schools, scholarship etc.
Increasing the welfare of the socially and economically disadvantaged groups,

including the Scheduled Castes, Scheduled Tribes, backward classes, handicapped
and disabled, women and children is one of the objectives of Niti Ayog.
Governments implemented many programmes of tribal welfare and many acts are
made for social and economic development of tribes in India.
***********
CULTURE: MEANING, DEFINITIONS AND CHARACTERISTICS
Culture is the Centre of a society and without culture no society can even
exist. It is the main difference between human beings and animals. It is a heritage
transmitted from one generation to another. It includes all the ways and behaviors
is social life. Man is born in the environment of culture, in which he seeks his way
of behaving and acting in a given society. You can also find out effects of
ethnocentrism.
Following are some important definitions of culture by sociologists
Horton and Hunt definition of culture, “Culture is everything which is socially

shared and learned by the members of a society.”
Tylor defined “It is that complex whole including beliefs, art, region, values,
norms, ideas, law, taught, knowledge, custom and other capabilities acquired y a
man as a member of a society.”
57
&
School of Law
It is the totality of human experience acquired during transmission of heritage from

one generation to another and to learn the ways of learning, eating, drinking,
behaving, walking, dressing, and working is the culture of man.
Features & Characteristics of Culture
Some of the important characteristics of culture has been cited below.
1. Culture is learned
Culture is not inherited biologically but it is leant socially by man in a society. It is

not an inborn tendency but acquired by man from the association of others, e.g.
drinking, eating, dressing, walking, behaving, reading are all learnt by man.
2. Culture is social
It is not an individual phenomena but it is the product of society. It develops in the

society through social interaction. It is shared by the man of society No man can
acquire it without the association of others. Man is man only among men. It helps
to develop qualities of human beings in a social environment. Deprivation of a man
from his company is the deprivation of human qualities.
3. Culture is shared
Culture is something shared. It is nothing that an individual can passes but shared
by common people of a territory. For example, customs, traditions, values, beliefs
are all shared by man in a social situation. These beliefs and practices are adopted
by all equally.
4. Culture is transmitted
Culture is capable of transmitted from one generation to the next. Parents papas
cultural traits to their children and in return they pass to their children and son on.
It is not transmitted through genes but through language. Language is means to
communication which passes cultural traits from one generation to another.
58
&
School of Law
5. Culture is continuous
It is continuous process. It is like a stream which is flowing from one generation to

another through centuries. “Culture is the memory of human race.”
6. Culture is accumulative
Culture is not a matter of month or a year. It is the continuous process and adding
new cultural traits. Many cultural traits are borrowed from out side and these
absorbed in that culture which adopt it, as culture is accumulative and combines
the suitable cultural traits.
7. Culture is integrated
All the cultural aspects are inter-connected with each other. The development of
culture is the integration of its various parts. For example, values system is
interlinked with morality, customs, beliefs and religion.
8. Culture is changing
It remains changing but not static. Cultural process undergoes changes. But with
different speeds from society to society and generation to generation.
9. Culture varies from society to society
Every society has its own culture and ways of behaving. It is not uniform every
where but occurs differently in various societies. Every culture is unique in itself is
a specific society. For example, values, customs, traditions, ideologies, religion,
belief, practices are not similar but different in every society. However the ways of
eating, drinking, speaking, greeting, dressing etc are differs from one social
situation to another in the same time.
59
&
School of Law
10. Culture is responsive
Culture is responsive to the changing conditions of a physical world. It intervenes

in the natural environment and helps man from all dangers and natural calamities
e.g. our houses are responsible to give us shelter and safety from storm and heavy
rains.
11. Culture is gratifying
It is gratifying and provide all the opportunities for needs and desires satisfaction.
These needs may be biological or social but It is responsible to satisfy it. Our needs
are food, shelter, clothing and desires are status, fame, money, sex etc are all the
examples which are fulfilled according to the cultural ways. In fact it is defined as
the process through which human beings satisfy their need.
12. Linked with society
Last but not the least one of the characteristics of culture is that culture and society
are one and the same. But if we say that these turn two are twin sister, it would not
be wrong. Society is a composite of people and they interact with each other
through it. It is to bind the people within the society.
**************
Cultural Relativism and Ethnocentricism
Cultural relativism is the principle of regarding the beliefs, values, and practices of
a culture from the viewpoint of that culture itself. Originating in the work of Franz
Boas in the early 20th century, cultural relativism has greatly influenced social
sciences such as anthropology. In sociology, the principle is sometimes practiced
to avoid cultural bias in research, as well as to avoid judging another culture by the
60
&
School of Law
standards of one's own culture. For this reason, cultural relativism has been
considered an attempt to avoid ethnocentrism. Cultural relativism is related to but
often distinguished from moral relativism, the view that morality is relative to a
standard, especially a cultural standard.
Cultural relativism is the principle that an individual human's beliefs and activities
should be understood in terms of his or her own culture. This principle was
established as axiomatic in anthropological research by Franz Boas in the first few
decades of the 20th century and later popularized by his students. Boas first
articulated the idea in 1887: "...civilization is not something absolute, but ... is
relative, and ... our ideas and conceptions are true only so far as our civilization
goes." but did not actually coin the term "cultural relativism."
The first use of the term recorded in the Oxford English Dictionary was by
philosopher and social theorist Alain Locke in 1924 to describe Robert Lowie's
"extreme cultural relativism", found in the latter's 1917 book Culture and
Ethnology. The term became common among anthropologists after Boas' death in
1942, to express their synthesis of a number of ideas Boas had developed. Boas
believed that the sweep of cultures, to be found in connection with any sub species,
is so vast and pervasive that there cannot be a relationship between culture and
race.
Cultural relativism involves specific epistemological and methodological claims.
Whether or not these claims necessitate a specific ethical stance is a matter of
debate. This principle should not be confused with moral relativism
What is cultural relativism?
Answer: Cultural relativism is the view that all beliefs, customs, and ethics are
relative to the individual within his own social context. In other words, “right” and
61
&
School of Law
“wrong” are culture-specific; what is considered moral in one society may be

considered immoral in another, and, since no universal standard of morality exists,
no one has the right to judge another society’s customs.
Cultural relativism is widely accepted in modern anthropology. Cultural relativists

believe that all cultures are worthy in their own right and are of equal value.
Diversity of cultures, even those with conflicting moral beliefs, is not to be
considered in terms of right and wrong or good and bad. Today’s anthropologist
considers all cultures to be equally legitimate expressions of human existence, to be
studied from a purely neutral perspective.
Cultural relativism is closely related to ethical relativism, which views truth as
variable and not absolute. What constitutes right and wrong is determined solely by
the individual or by society. Since truth is not objective, there can be no objective
standard which applies to all cultures. No one can say if someone else is right or
wrong; it is a matter of personal opinion, and no society can pass judgment on
another society.
Cultural relativism sees nothing inherently wrong (and nothing inherently good)
with any cultural expression. So, the ancient Mayan practices of self-mutilation and
human sacrifice are neither good nor bad; they are simply cultural distinctive, akin
to the American custom of shooting fireworks on the Fourth of July. Human
sacrifice and fireworks—both are simply different products of separate
socialization.
In January 2002, when President Bush referred to terrorist nations as an “axis of
evil,” the cultural relativists were mortified. That any society would call another
society “evil” is anathema to the relativist. The current movement to “understand”
radical Islam—rather than to fight it—is a sign that relativism is making gains. The
cultural relativist believes Westerners should not impose their ideas on the Islamic
world, including the idea that the suicide bombing of civilians is evil. Islamic belief
in the necessity of jihad is just as valid as any belief in Western civilization, the
62
&
School of Law
relativists assert, and America is as much to blame for the attacks of 9/11 as are the
terrorists.
Cultural relativists are generally opposed to missionary work. When the Gospel
penetrates hearts and changes lives, some cultural change always follows. For
example, when Don and Carol Richardson evangelized the Sawi tribe of the
Netherlands New Guinea in 1962, the Sawi changed: specifically, they gave up their
long-held customs of cannibalism and immolating widows on their husbands’
funeral pyres. The cultural relativists may accuse the Richardsons of cultural
imperialism, but most of the world would agree that ending cannibalism is a good
thing. (For the complete story of the Sawis’ conversion as well as an exposition of
cultural reform as it relates to missions, see Don Richardson’s book Peace Child.)
As Christians, we value all people, regardless of culture, because we recognize that
all people are created in the image of God . We also recognize that diversity of
culture is a beautiful thing and differences in food, clothing, language, etc., should
be preserved and appreciated. At the same time, we know that because of sin, not all
beliefs and practices within a culture are godly or culturally beneficial. Truth is not
subjective; truth is absolute, and there does exist a moral standard to which all
people of every culture will be held accountable.
Our goal as missionaries is not to westernize the world. Rather, it is to bring the
good news of salvation in Christ to the world. The Gospel message will kindle
social reform to the extent that any society whose practices are out of step with
God’s moral standard will change—idolatry, polygamy, and slavery, for example,
will come to an end as the Word of God prevails (see Acts 19). In amoral issues,
missionaries seek to preserve and honor the culture of the people they serve.
SOME EXAMPLES:
63
&
School of Law
The treatment and place of women in areas of fundamental Islam: No vote,

required to wear head to foot robes and so on. This is considered the norm in those
areas and accepted. Therefore that treatment and position is relative to the society.
Female circumcision is another practice that's accepted by one culture but not by
another. There have been court cases in the US with the 9th circuit court ruling that
the threat qualified women for asylum.
The "limits" are whatever a culture accepts. Cultural relativism states "people
should not judge the behavior of others using the standards of their own culture,
and that each culture must be analyzed on its own terms"
"In other words, “right” and “wrong” are culture-specific; what is considered moral
in one society may be considered immoral in another, and, since no universal
standard of morality exists, no one has the right to judge another society’s
customs."
In short the belief is that there is no right or wrong except as a culture defines it.
There are no universal rights and wrongs.
Personally, I find this belief a simplistic way of avoiding responsibility and

promoting isolation. Based on cultural relativism we should "accept" the events of
9/11 as they were acceptable in a fundamentalist Islamic culture.
There are many examples of cultural relativism, and it is a highly controversial

topic in the philosophical and religious world. One example would be if you were
raised to believe that dogs were pets, yet in China, a dog is also food. Someone
who believes in cultural relativism would not judge the dog-eating as "right" or
"wrong," because there isn't a "right" or "wrong." They believe that each culture
must be understood with neutrality.
64
&
School of Law
MORE EXAMPLES OF CULTURAL RELATIVISM:
Positive - Cultural relativism helps us to understand that there is not "one right
way" to approach many of the aspects of daily living and that respect should be
given to those ways which work for other cultures/societies, though they don't
necessarily work for ours. Example - the French drink wine with most every meal,
even allowing the children to often times join them in the practice. We may
consider it "wrong", but it's not leading to degenerate behavior, so who are we to
say it's "wrong".
Negative - Cultural relativism creates an environment whereby people stand by and

allow atrocities to be carried out under the banner "cultural respect" when in fact it
is something that should be condemned without reservation. An excellent example
is the practice, in Muslim societies, of removing the clitoris from young girls as
they reach sexual maturity, b/c it is deemed "a sin" by those societies. The far
greater sin is that we stand by and allow such abhorrent behavior without
recognizing that NO CULTURAL RELEVANCE makes it an acceptable practice.
Basic human decency demands that such practices be outlawed everywhere!
Radish’s experience as an example, “I've been working in China on and off for
about ten years. and I hate it when the students accompany me down any set of
steps . They always hold my elbow and keep saying 'be carefu'l 'be careful' It
makes me feel so incompetent and aged. If Australian students tried anything like
that I'd think they were being intrusive and rude but in China it is simply a show of
respect and courtesy.
Excerpt from The Concept of Cultural Relativism In a Multicultural

World(Or Teaching the Concept of Cultural Relativism to Ethnocentric
Students)
65
&
School of Law
We live in a rapidly changing world society, which is increasingly bringing people

of various cultures in closer interaction with each other. This interaction can be
positive or negative depending on the level of sensitivity and respect people have
for other cultural groups. These two types of behaviors are related to the two
important concepts examined in this presentation–ethnocentrism and cultural
relativism. Negative attitudes towards other cultures and/or ethnic groups arise out
of ethnocentrism, while positive attitudes are the result of a culturally relativist
approach. If people are going to be successful in today's multicultural, information
age, world society, they will need to develop a culturally sensitive frame of
reference and mode of operation. It is the purpose of this presentation to help
people move from an ethnocentric, exclusive mindset to a culturally sensitive
modus operandi, by clarifying what is meant by ethnocentrism and cultural
relativism, how each operates, and what are the steps that move a person from one
perspective to the other.
One of the most controversial challenges to the study of social ethics comes from a
methodological approach of the social sciences called, cultural relativism.
"Cultural relativism is in essence an approach to the question of the nature and role
of values in culture" ). If values are shared ideals which give rise to beliefs and
norms of behavior around which a people or a group organizes its collective life
and goals, cultural relativism declares that these values are relative to the cultural
ambiance out of which they arise.
Because of this many ethicists believe that the concept of cultural relativism
threatens the discipline of ethics since, if values are relative to a given culture than
this must mean that there are no universal moral absolutes by which the behavior
of people can be judged. Therefore, "if there is no observable control transcending
all cultures, no eternal book of rules, then right and wrong are a matter of opinion
and it doesn't matter what we do: anything goes!" Thus, we can't go around
passing judgment on what other people do. For, "if all morality is relative, then
what moral objection could one make to the Nazi holocaust, to the economic
66
&
School of Law
deprivation of a Latin American underclass, or to a militaristic nation's unleashing

nuclear devastation on others? And what would be wrong with conducting painful
experiments on young children, using them for case studies on the long-term
psychological effects of mutilation? In a world where no moral court of appeals
exists, might makes right. The only appeal can be to power" .
But it is such a position that cultural relativism seeks to challenge. And the reason
why cultural relativism has come under fire is "because it has been subject to
divergent interpretation". Anthropologist Clyde Kluckhoh declares:
The concept of culture, like any other piece of knowledge, can be

abused and misinterpreted. Some fear that the principle of cultural
relativity will weaken morality. "If the Bugabuga do it why can't we?
It's all relative anyway." But this is exactly what cultural relativity
does not mean.
The principle of cultural relativity does not mean that because the
members of some savage tribe are allowed to behave in a certain way
that this fact gives intellectual warrant for such behavior in all groups.
Cultural relativity means, on the contrary, that the appropriateness of
any positive or negative custom must be evaluated with regard to how
this habit fits with other group habits. Having several wives makes
economic sense among herders, not among hunters. While breeding a
healthy skepticism as to the eternity of any value prized by a
particular people, anthropology does not as a matter of theory deny
the existence of moral absolutes. Rather, the use of the comparative
method provides a scientific means of discovering such absolutes. If
all surviving societies have found it necessary to impose some of the
same restrictions upon the behavior of their members, this makes a
strong argument that these aspects of the moral code are indispensable
Part of the problem has to do with ethnocentrism, the polar opposite of cultural
relativism. Both concepts, ethnocentrism and cultural relativism, can be placed as
polar ends of a continuum, each reflecting a different approach, either as exclusive
67
&
School of Law
or inclusive; a different mindset either closed or open to differences, and an

attitude and behavior that is either insensitive or sensitive to another culture.
Ethnocentrism:- Exclusive close mind. Culturally insensitive.
Cultural Relativism:- Inclusive open mind. Culturally sensitive.
What is ethnocentrism? There are three levels of ethnocentrism: a positive one, a

negative one, and an extreme negative one. The positive definition defines
ethnocentrism as "the point of view that one's own way of life is to be preferred to
all others" There is nothing wrong with such feelings, for "it characterizes the way
most individuals feel about their own cultures, whether or not they verbalize their
feeling" . It is ethnocentrism that which gives people their sense of people-hood,
group identity, and place in history–all of which are valuable traits to possess.
Ethnocentrism becomes negative when "one's own group becomes the center of
everything, and all others are scaled and rated with reference to it". It reaches its
extreme negative form when "a more powerful group not only imposes its rule on
another, but actively depreciates the things they hold to be of value" (Herskovits, p.
103). Apartheid, the holocaust, and the genocide of the American Indian are all
examples of this third level of ethnocentrism.
Audrey Smedley gives us the key to understanding ethnocentrism–the importance

of cultural differences–when she declares: "The important point about
ethnocentrism is that it is grounded in the empirical reality and perceptions of
socio-cultural differences and the separateness of interests and goals that this may
entail. There [can] be no ethnocentrism without cultural differences, no matter how
trivial or insignificant these may appear to an outsider"
Vincent Ruggiero tells us that, "Just as it is natural for us to read the behavior of
others in terms of our own standards, so it is natural to view actions in other
cultures from the codes of our culture. What seems fair to us we assume is fair to
them; and when we see an action we regard as treacherous, we likewise assume
that they have violated their code. Yet a deeper understanding of their code may
reveal that they have not only not been violating it, but in fact observing it".
68
&
School of Law
How can one eliminate ethnocentrism? Vincent Ruggier suggests three important
steps to take which will enable us "to penetrate deception of appearance."
1. "Study the cultural context in which the action occurs."

2. "Determine the circumstances of time, place, and condition
surrounding it."
3. "Learn the reasoning that underlies it and the moral value it
reflects."
At the heart of these three steps lies the importance of learning to "take the role of
the other," the ability to see things, especially that with which we are not familiar,
from the perspective of the other before any consideration of judgment is
considered
Thus, cultural relativism, as a new way of seeing, is a necessary optic to perceive

the socio-cultural reality in today’s multicultural, world society. It is "new" in the
sense that most people tend to be socialized within an ethnocentric perspective. To
move away from such a view and encompass a culturally relativistic one can be
rather traumatic for most people. Yet such a perspective is necessary if a person is
to become a "world citizen"–a person who is able to transcend his/her own
racial/ethnic, gender, cultural and socio-political reality and identify with
humankind throughout the world, at all levels of human need. S/he is a
transcending person who is not limited by the usual social boundaries, but whose
operating life-principle is compassion–the ability to take the role of the other in
order to help remove suffering.
This is the goal to attain as a cultural relativist to become a world citizen. The
needs of the 21st century demand nothing less. And a multicultural approach to
education is the process that will make it possible.
********
69
&
School of Law
ETHNICITY Vs RACE
The traditional definition of race and ethnicity is related to biological and

sociological factors respectively. Race refers to a person's physical characteristics,
such as bone structure and skin, hair, or eye color. Ethnicity, however, refers to
cultural factors, including nationality, regional culture, ancestry, and language.
An example of race is brown, white, or black skin (all from various parts of the
world), while an example of ethnicity is German or Spanish ancestry (regardless of
race) or Han Chinese. Your race is determined by how you look while your
ethnicity is determined based on the social and cultural groups you belong to. You
can have more than one ethnicities but you are said to have one race, even if it's
"mixed race".
Comparison chart
Ethnicity versus Race comparison chart

Ethnicity Race
An ethnic group or ethnicity is a The term race refers to the
population group whose concept of dividing people into
members identify with each populations or groups on the
Definition
other on the basis of common basis of various sets of physical
nationality or shared cultural characteristics (which usually
traditions. result from genetic ancestry)
Race presumes shared biological
Ethnicity connotes shared
or genetic traits, whether actual
cultural traits and a shared group
or asserted. In the early 19th
history. Some ethnic groups also
century, racial differences were
Significance share linguistic or religious
ascribed significance in areas of
traits, while others share a
intelligence, health, and
common group history but not a
personality. There is no
common language or religion.
evidence validating these ideas.
Genealogy Ethnicity is defined in terms of Racial categories result from a
70
&
School of Law

Ethnicity Race
shared genealogy, whether actual shared genealogy due to
or presumed. Typically, if people geographical isolation. In the
believe they descend from a modern world this isolation has
particular group, and they want been broken down and racial
to be associated with that group, groups have mixed.
then they are in fact members of
that group.
Races are assumed to be
Ethnic groups distinguish
distinguished by skin color,
themselves differently from one
facial type, etc. However, the
time period to another. They
Distinguishing scientific basis of racial
typically seek to define
Factors distinctions is very weak.
themselves but also are defined
Scientific studies show that
by the stereotypes of dominant
racial genetic differences are
groups.
weak except in skin color.
In 19th century, there was
In 19th century, the concept of
development of the political
nationalism was often used to
ideology of ethnic nationalism --
Nationalism justify the domination of one
creating nations based on a
race over another within a
presumed shared ethnic origins
specific nation.
(e.g. Germany, Italy, Sweden...)
In the last decades of the 20th
century, in the U.S. and in most In the last decades of the 20th
nations, the legal system as well century, the legal system as well
Legal System
as the official ideology as the official ideology
prohibited ethnic-based emphasized racial equality.
discrimination.
Often brutal conflicts between Racial prejudice remains a
Conflicts ethnic groups have existed continuing problem throughout
throughout history and across the the world. However, there are
71
&
School of Law

Ethnicity Race
world. But most ethnic groups in fewer race-based conflicts in the
fact get along peacefully within 21st century than in the past.
one another in most nations most
of the time.
Conflict between Tamil and Conflict between white and
Examples of Sinhalese populations in Sri African-American people in the
conflict Lanka, or the Hutu and Tutsi U.S., especially during the civil
people in Rwanda. rights movement.
************
SOCIALISATION:
Every society is faced with the necessity of making a responsible member out of
each child born into it. The child must learn the expectations of the society so that
his behaviour can be relied upon. He must acquire the group norms. The society
must socialize each member so that his behaviour will be meaningful in terms of
the group norms. In the process of socialisation the individual learns the reciprocal
responses of the society.
Meaning of Socialisation:
The newborn is merely an organism. Socialisation makes him responsive to the

society. He is socially active. He becomes a ‘Purus’ and the culture that his group
inculcates in him, humanizes him, and makes him ‘Manus’. The process indeed, is
endless. The cultural pattern of his group, in the process gets incorporated in the
personality of a child. It prepares him to fit in the group and to perform the social
72
&
School of Law
roles. It sets the infant on the line of social order and enables an adult to fit into the
new group. It enables the man to adjust himself to the new social order.
Socialisation stands for the development of the human brain, body, attitude,
behaviour and so forth. Socialisation is known as the process of inducting the
individual into the social world. The term socialisation refers to the process of
interaction through which the growing individual learns the habits, attitudes, values
and beliefs of the social group into which he has been born.
From the point of view of society, socialisation is the way through which society
transmits its culture from generation to generation and maintains itself. From the
point of view of the individual, socialisation is the process by which the individual
learns social behaviour, develops his ‘self.
The process operates at two levels, one within the infant which is called the
internalisation of objects around and the other from the outside. Socialisation may
be viewed as the “internalisation of social norms. Social rules become internal to
the individual, in the sense that they are self-imposed rather than imposed by
means of external regulation and are thus part of individual’s own personality.
The individual therefore feels an urge to conform. Secondly, it may be viewed as

essential element of social interaction. In this case, individuals become socialized
as they act in accordance with the expectations of others. The underlying process
of socialisation is bound up with social interaction.
Bogardus: “Socialisation is the process of working together, of developing group

respnssibility, of being guided by the welfare needs of others.”
Ogburn: “Socialisation is the process by which the individual learns to conform to

the norm of the group.”
Cooley: Socialisation is “a special process through which an individual develops

his own self by learning the norms and by knowing about his own self from
others.”
73
&
School of Law
Socialisation is a comprehensive process. According to Horton and Hunt,

Socialisation is the process whereby one internalises the norms of his groups, so
that a distinct ‘self emerges, unique to this individual.
Through the process of socialisation, the individual becomes a social person and
attains his personality. Green defined socialisation “as the process by which the
child acquires a cultural content, along with selfhood and personality”.
According to Lundberg, socialisation consists of the “complex processes of

interaction through which the individual learns the habits, skills, beliefs and
standard of judgment that are necessary for his effective participation in social
groups and communities”.
Peter Worsley explains socialisation “as the process of “transmission of culture,

the process whereby men learn the rules and practices of social groups”.
H.M. Johnson defines socialisation as “learning that enables the learner to perform
social roles”. He further says that it is a “process by which individuals acquire the
already existing culture of groups they come into”.
The heart of socialisation”, to quote Kingsley Davis.” is the emergence and gradual
development of the self or ego. It is in terms of the self that personality takes shape
and the mind comes to function”. It is the process by which the newborn
individual, as he grows up, acquires the values of the group and is moulded into a
social being.
Socialisation takes place at different stages such as primary, secondary and adult.
The primary stage involves the socialisation of the young child in the family. The
secondary stage involves the school and the third stage is adult socialisation.
74
&
School of Law
Socialisation is, thus, a process of cultural learning whereby a new person

acquires necessary skills and education to play a regular part in a social
system. The process is essentially the same in all societies, though institutional
arrangements vary. The process continues throughout life as each new
situation arises. Socialisation is the process of fitting individuals into
particular forms of group life, transforming human organism into social being
sand transmitting established cultural traditions.
Features of Socialisation:
Socialisation not only helps in the maintenance and preservation of social values
and norms but it is the process through which values and norms are transmitted
from one generation to another generation.
Features of socialisation may be discussed as under:
1. Inculcates basic discipline:
Socialisation inculcates basic discipline. A person learns to control his impulses.

He may show a disciplined behaviour to gain social approval.
2. Helps to control human behaviour:
It helps to control human behaviour. An individual from birth to death undergoes

training and his, behaviour is controlled by numerous ways. In order to maintain
the social order, there are definite procedures or mechanism in society. These
procedures become part of the man’s/life and man gets adjusted to the society.
Through socialisation, society intends to control the behaviour of its-members
unconsciously.
3. Socialisation is rapid if there is more humanity among the- agencies of

socialisation:
Socialisation takes place rapidly if the agencies’ of socialisation are more

unanimous in their ideas and skills. When there is conflict between the ideas,
75
&
School of Law
examples and skills transmitted in home and those transmitted by school or peer,
socialisation of the individual tends to be slower and ineffective.
4. Socialisation takes place formally and informally:
Formal socialisation takes through direct instruction and education in schools and
colleges. Family is, however, the primary and the most influential source of
education. Children learn their language, customs, norms and values in the family.
5. Socialisation is continuous process:
Socialisation is a life-long process. It does not cease when a child becomes an

adult. As socialisation does not cease when a child becomes an adult,
internalisation of culture continues from generation to generation. Society
perpetuates itself through the internalisation of culture. Its members transmit
culture to the next generation and society continues to exist.
Types of Socialisation:
Although socialisation occurs during childhood and adolescence, it also continues

in middle and adult age. Orville F. Brim (Jr) described socialisation as a life-long
process. He maintains that socialisation of adults differ from childhood
socialisation. In this context it can be said that there are various types of
socialization.
1. Primary Socialisation:
Primary socialisation refers to socialisation of the infant in the primary or earliest

years of his life. It is a process by which the infant learns language and cognitive
skills, internalises norms and values. The infant learns the ways of a given
grouping and is moulded into an effective social participant of that group.
The norms of society become part of the personality of the individual. The child
does not have a sense of wrong and right. By direct and indirect observation and
76
&
School of Law
experience, he gradually learns the norms relating to wrong and right things. The
primary socialisation takes place in the family.
2. Secondary Socialisation:
The process can be seen at work outside the immediate family, in the ‘peer group’.
The growing child learns very important lessons in social conduct from his peers.
He also learns lessons in the school. Hence, socialisation continues beyond and
outside the family environment. Secondary socialisation generally refers to the
social training received by the child in institutional or formal settings and
continues throughout the rest of his life.
3. Adult Socialisation:
In the adult socialisation, actors enter roles (for example, becoming an employee, a
husband or wife) for which primary and secondary socialisation may not have
prepared them fully. Adult socialisation teaches people to take on new duties. The
aim of adult socialisation is to bring change in the views of the individual. Adult
socialisation is more likely to change overt behaviour, whereas child socialisation
moulds basic values.
4. Anticipatory Socialisation:
Anticipatory socialisation refers to a process by which men learn the culture of a

group with the anticipation of joining that group. As a person learns the proper
beliefs, values and norms of a status or group to which he aspires, he is learning
how to act in his new role.
77
&
School of Law
5. Re-socialisation:
Re-Socialisation refers to the process of discarding former behaviour patterns
and accepting new ones as part of a transition in one’s life. Such re-
socialisation takes place mostly when a social role is radically changed. It
involves abandonment of one way of life for another which is not only
different from the former but incompatible with it. For example, when a
criminal is rehabilitated, he has to change his role radically. Theories of
Socialisation:
Development of Self and Personality:
Personality takes shape with the emergence and development of the ‘self’. The
emergence of self takes place in the process of socialisation whenever the
individual takes group values.
The self, the core of personality, develops out of the child’s interaction with others.
A person’s ‘self is what he consciously and unconsciously conceives himself to be.
It is the sum total of his perceptions of himself and especially, his attitudes towards
himself. The self may be defined as one’s awareness of and ideas and attitudes
about his own personal and social identity. But the child has no self. The self arises
in the interplay of social experience, as a result of social influences to which the
child, as he grows, becomes subject.
In the beginning of the life of the child there is no self. He is not conscious of
himself or others. Soon the infant feels out the limits of the body, learning where
its body ends and other things begin. The child begins to recognize people and tell
them apart. At about the age of two it begins to use ‘I’ which is a clear sign of
definite self-consciousness that he or she is becoming aware of itself as a distinct
human being.
Primary groups play crucial role in the formation of the self of the newborn and in
the formation of the personality of the newborn as well. It can be stated here that
78
&
School of Law
the development of self is rooted in social behaviour and not in biological or

hereditary factors.
In the past century sociologists and psychologists proposed a number of theories to

explain the concept of self.
There are two main approaches to explain the concept of self – Sociological
approach and: Psychological approach.
Charles Horton Cooley:
Charles Horton Cooley believed, personality arises out of people’s interactions

with the world. Cooley used the phrase “Looking Glass Self’ to emphasize that the
self is the product of our social interactions with other people.
To quote Cooley, “As we see our face, figure and dress in the glass and are
interested in them because they are ours and pleased or otherwise with according
as they do or do not answer to what we should like them to be; so in imagination
we perceive in another’s mind some thought of our appearance, manners, aims,
deeds, character, friends and so on and variously affected by it”.
The looking glass self is composed of three elements:
1. How we think others see in us (I believe people are reacting to my new

hairstyle)
2. What we think they react to what they see.
3. How we respond to the perceived reaction of others.
For Cooley, the primary groups to which we belong are the most significant. These
groups are the first one with whom a child comes into contact such as the family. A
child is born and brought up initially in a family. The relationships are also the
most intimate and enduring.
79
&
School of Law
According to Cooley, primary groups play crucial role in the formation of self and
personality of an individual. Contacts with the members of secondary groups such
as the work group also contribute to the development of self. For Cooley, however,
their influence is of lesser significance than that of the primary groups.
The individual develops the idea of self through contact with the members of the
family. He does this by becoming conscious of their attitudes towards him. In other
words, the child gets his conception of his self and latter of the kind of person he
is, by means of what he imagines others take him to be Cooley, therefore, called
the child’s idea of himself the looking glass self.
The child conceives of himself as better or worse in varying degrees, depending

upon the attitudes of others towards him. Thus, the child’s view of himself may be
affected by the kind of name given by his family or friends. A child called ‘angel’
by his mother gets a notion of himself which differs from that of a child called
‘rascal’.
The ‘looking glass self assures the child which aspects of the assumed role will
praise or blame, which ones are acceptable to others and which ones unacceptable.
People normally have their own attitudes towards social roles and adopt the same.
The child first tries out these on others and in turn adopts towards his self.
The self thus arises when the person becomes an ‘object’ to himself. He is now
capable of taking the same view of himself that he infers others do. The moral
order which governs the human society, in large measure, depends upon the
looking glass self.
This concept of self is developed through a gradual and complicated process which
continues throughout life. The concept is an image that one builds only with the
help of others. A very ordinary child whose efforts are appreciated and rewarded
will develop a feeling of acceptance and self-confidence, while a truly brilliant
child whose efforts are appreciated and rewarded will develop a feeling of
acceptance and self – confidence, while a truly brilliant child whose efforts are
frequently defined as failures will usually become obsessed with feelings of
80
&
School of Law
competence and its abilities can be paralyzed. Thus, a person’s self image need
bear no relation to the objective facts.
A critical but subtle aspect of Cooley’s looking glass is that the self results from an
individual’s imagination of how others view him or her. As a result, we can
develop self identities based on incorrect perceptions of how others see us. It is
because people do not always judge the reactions of others accurately, of course
and therein arise complications.
Factors of the process of socialisation: Imitation, suggestion,

identification(things which satisfy his needs become the object of his
identification), language(with the help language a man learns everything as
functioning members of the society – he learns folkways, mores, norms, customs
etc.)
Importance of socialisation: In the process of socialisation man learns the

folkways, mores, sanction and other patterns of culture. He becomes participating
member of society. Development of self. Without diffusion of culture through
socialisation development of individual is not possible. Learns to acquire and share
culture for making him a member of a particular group, Socialisation cultivates
interaction among individuals.
***********
STATUS AND ROLE
Meaning, types, essential elements and characteristics of status
Status, implies the position or the rank one holds in a social group, and, Role refers
to the specific functions that one is expected to perform in that social group. Every
81
&
School of Law
status holder is a role performer. Status and Role, is inter-connected. In a social

group, every member has a status role position.
ll status roles do not command similar position authority; or the social recognition
authority. Status-role of a father, as the head of a family, in patriarchal society, like
that of ours differs, from his status-role in a matriarchal society. Women are
everywhere the same, but their status-role in our society, in several ways differs
from women in the Arab or in a western society in a similar situation.
Status-Role Inter-Relation:
Status-role coordination is the woof and Warf arrangement of a social group. The
status-role of an individual depends on the position, he holds in the group and in
consequence of which he is expected to exercise his authority to fulfill his
obligations. The status role is the basis-of social order.
A social group cannot function if this arrangement is not in due and related order.
This coordination harmonizes the social relations. It is an arrangement of
convenience, sanctified by tradition or underwritten by the law of the land. It is
historical in character as in all age’s men and women inherited or acquired status-
role position, it is universal as the system exists in all societies.
Status:
Meaning of Status:
Recognitions of the position of an individual in the social system and the authority
he holds in consequence is the basis of status system. Status is position that one
holds in a given system. It means the location of the individual within the group –
his place in the social network of reciprocal obligations and privileges, duties and
rights.
Thus, every position (father, mother, teacher, and employer) defines a different
status. It is by status differentiation that social positions are defined and
82
&
School of Law
distinguished from one another by assigning to each a set of rights and

responsibilities.
According to Lundberg, it is the, “comparative amount of prestige, deference or

respect accorded to persons who has been assigned different roles in group or
community.” According to Davis, “status is a position in the general institutional
system, recognized and supported by the entire society spontaneously evolved
rather than deliberately created, rooted in the folkways and mores.” According to
H.T. Mazumdar, “status means the location of the individual within the group —
his place in the social network of reciprocal obligation and privileges, rights and
duties.”
It is position in a social group or grouping, in relation to other positions held by

other individuals in the same group or grouping. Status determines the extent of
authority which may be wielded by the holders of the status or the degree of
submission required on the part of those who are at a status lower than him. The
authority one wields is socially defined and limited, as is degree of submission
required.
The essence of status is defined: superior-inferior relationship; in other words

dominance and subordination – but always within the rule. Status involves sort of
special social privileges. An increase in the individual’s social status entitles him to
more respect than before word ‘status’. However, is to be used with care. If one
holds a family status, it does not mean, that he will be so recognized in his
profession. A doctor of status may be a bad husband and worse father.
Sometimes status is likely to be confused with the official position one may be
holding. Official designations carry ‘prestige’. This varies from position to
position, from office to office.
Essential Elements and Characteristics of Status:
83
&
School of Law
As the definitions have pointed out the term status has physical as well as a
psychological situation. This situation forms certain element and characteristics.
These element and characteristics of status may be enumerated as below.
1. The status is determined by the cultural situation of the particular society,
2. The status is determined only in relevance of the other members of the society,
3. Every individual has to play certain role in accordance with the status,
4. Status is only a part of the society as a whole,
5. As a result of status the society is divided into various groups,
6. Every status carries with it some prestige,
7. According to status people may be divided into various categories. These

categories or statuses are not imposed from above. Some of these statuses are
earned or achieved while others are ascribed.
Ascribed status and achieved status:
A status may be divided into two types: ascribed status and achieved or earned
status.
Ascribed Status:
The status which is given to an individual on the basis of the situation in the
society or by other members of the society is called ascribed status. Such a status
may be given by birth or by placement in a social group. For example, a person
may enjoy a particular status because of the sex or age of birth in a rich family. An
infant gets a family status which includes family name and prestige, share in social
standing and the right of heritage.
Basis of the ascribed status:

84
&
School of Law
These two kinds of statuses are based on factors that are not common. For example
the ascribed status is based on age, sex, kinship race, family etc. In almost every
society particularly the patriarchal system of the society, it is the elder men who
are respected but in matriarchal system of society elder women are respected.
Since the ascribed status is determined by birth Brahmin are given higher status as
compared to Sudras and people said to be belonging to honorable class are given
better status than the people of the ordinary class.
Achieved Status:
The status or the position that a person has earned out of his own personal efforts is
called achieved status. This status is given by the ability, capacity and the efforts of
the individuals. Some persons achieve a particular status because if the facilities
available to them but some have to achieve that status as against the odds and
difficulties.
Basis of Achieved status:
The achieved status is based on the personal ability, education, earned wealth etc.
A person who is able to display his ability in the field of social service, sports,
education etc. is given higher and better status.
Distinction between the Ascribed status and Achieved status:
The distinction and relationship between the two may be discussed as under.
Ascribed Status:
1. Ascribed status is the gift from the society of the individual members and to
make know the effort to get it.
2. For an achieved status certain conditions are namely ability, efficiency,

economic status etc. are necessary.
3. Generally ascribed status is based on age, race, caste, kinship, etc.

85
&
School of Law
4. Ascribed status is more stable and more rigid. Its basis does not change easily.
5. Ascribed status occupies a place of respect in a traditional society.
6. In regard to the ascribed status the role of the authority and actions that flow
from them are unpredictable.
7. In ascribed status there is a co-relationship between the status and role.
8. The ascribed status has a, vital relationship with the internal aspects of the
personality. It provides satisfaction to sentiments, emotions and feelings etc.
9. Ascribed status can be helpful to a person for achieving certain thing or

acquiring the achieved status.
10. Ascribed status has greater relationships with the customs, traditions and other
existing factors of the society. In other words ascribed status is more traditional.
11. Ascribed status is helpful in removing the difficulties and disabilities of the
achieved status.
Achieved status:
1. There is no precondition for getting the ascribed status for example; the elder in
the family is bound to be respected. There are no qualification required.
2. The achieved status is based on characteristics like capacities and abilities etc.
3. Achieved status has an unstable basis and so it is itself changeable.
4. In open and modern societies it is achieved status which is given importance

because in this respect, it is the personal qualities and achievements that matter.
5. In regard to achieved status the role or the action is more or less predictable
because it is based reason.
86
&
School of Law
6. In relevance to the achieved status it cannot be said that there shall be co-
relationship between the achieved status and the role.
7. Achieved status is the gift of one’s personal accomplishments and personal

characteristics.
8. Achieved status is helpful in acquiring the ascribed status.
9. Achieved status is the result of the personal accomplishments and is acquired as

result of competition. It has no relationship with the customs and traditions.
******
Class : BA LLB- 1st Semester
Paper Code : 109
Subject : Sociology-I
Unit- 3
RAJA RAMMOHAN ROY
Raja Ram Mohan Roy was a founder of the Brahmo Sabha movement in 1828
which engendered the Brahmo Samaj, an influential Bengali socio-religious reform
movement. Wikipedia
Born: May 22, 1772, Radhanagore
Died: September 27, 1833, Stapleton, Bristol, United Kingdom

87
&
School of Law
Successor: Dwarkanath Tagore
Books: The Essential Writings of Raja Rammohan Ray, more
Organizations founded: Brahmo Samaj, Presidency University, Kolkata
Parents: Ramkanto Roy, Tarinidevi.
In the early nineteenth century, many educated Indians began to feel that western
culture and the rising tide of Christianity posed a challenge to their age old
traditions and beliefs. In their attempt to remedy the situation, many reformers
became critical of the past and began to look for ways to rid the society of its evils,
such as caste distinction, purdah system and the custom of Sati. They wanted a
new social order in keeping with the traditional values and modern development.
Many Indians were impressed by progress made by science as well as the doctrine
of reason and humanism of the West. The social conditions of the 19th century led
to socio-religiousreformmovements.One of them was Brahmo Samaj.
The Brahmo Samaj or the society of the God was founded in 1828 by Raja
Rammohan Roy (1772-1833). He was a scholar and was well-versed in Sanskrit,
Persian, English, Hindi and Bengali. He made an intensive study of Christianity
and other religions. After that he came to the conclusion that the Hindu society
needed reform and India had to learn a lot from the West.
Ram Mohan Roy was born in Burdwan in Bengal. Raja Rammohan Roy served the
East India Company for a number of years and became a revenue officer in 1809.
He was a critic of the unjust actions and policies of the British Government in
India. He protested against the curbs on the freedom of the press. His progressive
views helped to change Hindu society but these views were bitterly opposed by the
orthodox Hindus. He was a social and religious reformer, an educationist and a
political leader. He is remembered for his help in the abolition of Sati and in
88
&
School of Law
modernization of educational practices. His ideas on social and religious reforms

constitute the ideals of the Brahmo Samaj founded by him in 1828.
Rabindranath Tagore said, "Raja Rammohan Roy inaugurated the modern age in
India. He was the father of Indian Renaissance and the prophet of Indian
nationalism." One of his greatest achievements is the uplift of the position of
women in India. First of all, he tried to give women proper education in order to
give them better social status in society. His effort in the abolition of Sati made
him immortal as a social reformer.
Sati was an ancient Hindu custom, according to which a wife immolated herself at
the funeral pyre of her husband. In 1811, Roy witnessed his brother's widow being
burned alive on her husband's funeral pyre. Three years later, he retired and
concentrated on campaigning against the practice of women dying as Satis. Raja
Rammohan Roy was the first Indian to protest against this custom. In spite of
protests from orthodox Hindus, he carried on his propoganda against the custom.
Finally, he won the cause when Lord William Bentick, the Governor General of
India passed a law in 1829 abolishing the custom of Sati. According to this law the
custom of Sati became illegal and punishable as culpable homicide. Raja
Rammohan Roy also opposed child-marriage and supported widow remarriage.
Raja Rammohan Roy supported Western education, including learning of English

and the knowledge of science and philosophy. He, along with David Hare, a
missionary, founded schools to impart English education to Indian children. He
developed the Hindu College which finally developed into the Presidency College
in Calcutta.
Raja Rammohan Roy did not want the Indians to imitate the West. He based his
teachings on the philosophy of the Vedas and Upanishads and tried to bring about
89
&
School of Law
a synthesis of the Vedic religion and the Christian humanism. This very synthesis
formed the basis of the Ramakrishna Math which was later formed by Swami
Vivekananda. Raja Rammohan Roy focused the attention of the British
Government to such demands as appointing Indians to higher posts. He protested
against restrictions on the freedom of the press. His social reforms made him the
"first modern man" in India.
Ideals of Brahmo Samaj
The ideals of Brahmo Samaj have their origin in the synthesis of the Vedic religion
and the Christian humanism.
It advocated that there is one God, who is present everywhere, and is without shape
and form. His worship lies in intense devotion.
It believed in the brotherhood of man and treated all men as equal. It started a
magazine entitled Samvad Kaumudi, to teach people love of mankind.
It supported the introduction of English in schools with the belief that the study of
English would open the door to modern sciences.
It condemned social evils such as casteism, untouchability, child marriage and the
Sati system. It was due to the efforts of Raja Rammohan Roy that Lord William
Bentick abolished Sati system in 1829 by declaring it an offence.
It advocated freedom of the press and condemned any restriction imposed on it by

the Government.
It supported widow-remarriage and the education of girls. Raja Rammohan Roy

was the first to agitate for getting women their rightful place.
SUMMING UP; Raja Ram Mohan Roy was born in a famous family of Bengal in
1772 A.D. He was a great scholar of Sanskrit, Persian, and English and knew
90
&
School of Law
Arabic, Latin and Greek. He studied Hindu scriptures like the Vedas, the
Upanishadas etc. and books of other religions. He joined the service of the East
India Company in 1805 and gradually rose to high offices. He died in England in
1833 while he was pleading the case of pension for the Mughal emperor Akbar-II.
Raja Ram Mohan Roy was the first social reformer of Modern India and he is
rightly called the 'Father of Modern India'. He had a rational and scientific
approach and believed in the principle of human dignity and social equality. He
was a perfect combination of the East and the West.
He was deeply devoted to the work of religious and social reform, so he founded
the 'Brahmo Samaj* in 1828. He condemned polytheism and idol worship and
propagated the concept of one God. His religious ideas had assimilated elements of
Islam, Christianity, Hinduism and modern European liberal philosophy. He
translated ancient Indian works on religion and philosophy into Bengali.
He attacked the caste system and campaigned to persuade the Government to

abolish 'Sati' system and child marriage. He advocated equal rights for women,
right of widows to remarry and right of women to property.
He stood for modern education, introduction of English education for the

propagation of science in India and modernization of Indian society.He was
internationalist and supported the cause of freedom everywhere. He celebrated the
success of the 1830 Revolution in France and condemned the Britishers who were
inflicting miseries on Ireland.
*******
Jotiba Phule
Jyotirao Govindrao Phule
91
&
School of Law
11 April 1827
Katgun, Satara, British India
Born
(present-day Maharashtra,
India)
28 November 1890 (aged 63)
Died Pune, British India (present-
day Maharashtra, India)
Mahatma Phule. Jyotiba
Other names
Phule / Jyotirao Phule
Satyashodhak Samaj, Deist,
Religion
(Dev vadi)Humanism
Era 19th century philosophy
Region Mali
Main interests Ethics, religion, humanism
Mahatma Jyotirao Govindrao Phule (11 April 1827 – 28 November 1890), also
known as Mahatma Jyotiba Phule was an Indian activist, thinker, social
reformer, writer and theologist from Maharashtra. Jyotiba Phule and his wife
Savitribai Phule were pioneers of women's education in India. His work extended
to many fields including education, agriculture, caste system, women and widow
upliftment and removal of untouchability. He is most known for his efforts to
educate women and the lower castes as well as the masses. He, after educating his
wife, opened the first school for girls in India in August 1848.
In September 1873, Jyotirao, along with his followers, formed the Satya Shodhak
Samaj (Society of Seekers of Truth) with the main objective of liberating the
Bahujans, Shudras and Ati-Shudras and protecting them from exploitation and
atrocities. For his fight to attain equal rights for peasants and the lower caste and
his contributions to the field of education, he is regarded as one of the most
important figures of the Social Reform Movement in Maharashtra. Dhananjay
Keer, his biographer, notes him as "the father of Indian social revolution". Jyotirao
92
&
School of Law
Phule was among the intellectuals of India who tried hard for the upliftment of the
Dalit community. He is often remembered for his anti-caste efforts and in the trio
of Phule-Periyar-Ambedkar.
Early life
Jyotirao Govindrao Phule was born in the Satara district of Maharastra in a family
belonging to Mali. His father, Govindrao, was a vegetable vendor. Originally
Jyotirao's family, known as Gorhays, came from Katgun, a village in Taluka-
Khatav, District- Satara. His grandfather Shetiba Gorhay settled down in Pune.
Since Jyotirao's father and two uncles served as florists under the last of the
Peshwas, they came to be known as 'Phules'. (Reference- P.G. Patil, Collected
Works of Mahatma Jotirao Phule, Vol-II, published by Education department,
Govt. of Maharashtra). His mother died when he was 9 months old. After
completing his primary education Jyotirao had to leave school and help his father
by working on the family's farm. He was married at the age of 12. His intelligence
was recognised by a Muslim and a Christian neighbour, who persuaded his father
to allow Jyotirao to attend the local Scottish Mission's High School, which he
completed in 1847. The turning point in Jyotiba's life was in year 1848, when he
was insulted by family members of his Brahmin friend, a bridegroom for his
participation in the marriage procession, an auspicious occasion. Jotiba was
suddenly facing the divide created by the caste system.Influenced by Thomas
Paine's book, Rights of Man (1791), Phule developed a keen sense of social justice.
He argued that education of women and the "lower castes" was a vital priority in
addressing social inequalities.
Satyashodhak Samaj
On 24 September 1873, Jotirao formed 'Satya Shodhak Samaj' (Society of Seekers

of Truth) with himself as its first president and treasurer. The main objectives of
the organisation were to liberate the Shudras to prevent their 'exploitation' by the
caste like Brahmans. Through this Satya Shodhak Samaj, Jotirao refused to regard
the Vedas as sacrosanct. He opposed idolatry and denounced the chaturvarnya
93
&
School of Law
system (the caste system). Satya Shodhak Samaj propounded the spread of rational
thinking and rejected the need for a Brahman priestly class as educational and
religious leaders. He was an aboriginal of India and established Satyadharma and
never renounced his faith. He was against those Brahmins who were using religion
and blind faith of masses for their own monetary gains. But Jyotiba had many
Brahmin personal friends and he even adopted a Brahmin boy as his heir. He made
a will giving his large property after his death to this Brahmin boy]
Beliefs
Phule established the Satya Shodhak Samaj, Savitribai became the head of the
women's section teacher for girls. Deenbandhu publication, the mouthpiece of the
Satya Shodhak Samaj, played an important role in SatyaShodhak Samaj's
movement. After Jyotirao's death in 1890 his spirited followers went on spreading
the movement to the remotest parts of Maharashtra. Shahn Maharaj, the ruler of
Kolhapur moral support to Satya Shodhak Samaj. In its new incarnation party
carried on the work of superstition removal vigorously. Many times it degenerated
in hate sprouting against Brahmins as a caste.
Jyotirao firmly believed that if you want to create a new social system based on
freedom, equality, brotherhood, human dignity, economic justice and value devoid
of exploitation, you will have to overthrow the old, unequal and exploitative social
system and the values on which it is based. Knowing this well, Jyotirao attacked
blind faith and faith in what is given in religious books and the so-called god's
words. He tore to pieces the misleading myths that were ruling over the minds of
women, shudras and ati-shudras. Yielding to god or fate, astrology and other such
rituals, sacredness, god-men, etc. was deemed irrational and absurd. He also led
campaigns to remove the economic and social handicaps that bred blind faith
among women, shudras and ati-shudras. Jyotirao subjected religious texts and
religious behaviour to the tests of rationalism. He characterised this faith as
outwardly religious but in essence politically motivated movements. He accused
them of upholding the teachings of religion and refusing to rationally analyse
94
&
School of Law
religious teachings. He maintained that at the root of all calamities was the blind
faith that religious books were created or inspired by God. Therefore, Phule
wanted to abolish this blind faith in the first instance. All established religious and
priestly classes find this blind faith useful for their purposes and they try their best
to defend it. He questions " if there is only one God, who created the whole
mankind, why did he write the Vedas only in Sanskrit language despite his anxiety
for the welfare of the whole mankind? What about the welfare of those who do not
understand this language?" Phule concludes that it is untenable to say that religious
texts were God-created. To believe so is only ignorance and prejudice. All
religions and their religious texts are man-made and they represent the selfish
interest of the classes, which are trying to pursue and protect their selfish ends by
constructing such books. Phule was the only sociologist and humanist in his time
that could put forth such bold ideas. In his view, every religious book is a product
of its time and the truths it contains have no permanent and universal validity.
Again these texts can never be free from the prejudices and the selfishness of the
authors of such books. Phule believed in overthrowing the social system in which
man has been deliberately made dependent on others, illiterate, ignorant and poor,
with a view to exploiting him. To him blind faith eradication formed part of a
broad socioeconomic transformation. This was his strategy for ending exploitation
of human beings. Mere advice, education and alternative ways of living are not
enough, unless the economic framework of exploitation comes to an end.
Religion and Caste
The Indian society at Jyotiba's time, was deeply enmeshed in caste politics. The
debate continues to prevail whether the Brahmins of India are indigenous to the
land or they migrated from some other part of the world. Despite this, it can be
stated that the stratification of the society was based on caste. As such, Jyotirao
Phule could be classified as indigenous to the land. His akhandas were based on
the abhangs of Indian saint Tukaram (a Moray Shudra.)
He was a subscriber to Maharishi Vitthal Ramji Shinde's magazine, Dnyanodaya.[3]

(Maharishi Shinde was a member of the reformist Prarthana Samaj.)
95
&
School of Law
He did not like the casteist of Tamil Nadu using Lord Rama as a symbol of
oppression of Aryan conquest.[4]
Attack on the sanctity of Vedas
Jyotirao Phule's critique of the caste system began with his attack on the Vedas, the
most fundamental texts of forward-caste Hindus He considered Vedas as 'idle
fantasies' as 'palpably absurd legends'He considered Vedas a 'form of false
consciousness'.[5]
He believed that the true inhabitants of Bharat are the Astik.[6] He also believed
that the Brahmins were outsiders to Hinduism. This was also the view of
[Keshavarao Jedhe]].[7]
Social activism
He was assisted in his work by his wife, Savitribai Phule, and together they started
the second school for girls in India in 1848, for which he was forced to leave his
home. He initiated widow-remarriage and started a home for upper caste widows in
1854, as well as a home for new-born infants to prevent female infanticide. Phule
tried to eliminate the stigma of social Untouchability surrounding the lower castes
by opening his house and the use of his water-well to the members of the lower
castes.
He formed the Satya Shodhak Samaj (Society of Seekers of Truth) on 24

September 1873, a group whose main aim was to liberate the social Shudra and
Untouchables castes from exploitation and oppression.
Phule was a member of the Pune municipality from 1876 to 1882.
Connection with women activists
96
&
School of Law
Some of India's first modern feminists were closely associated with Phule,
including his wife Savitribai Phule; Pandita Ramabai, a Brahmin woman who
converted to Christianity. Panditia Ramabai who was leading advocate for the
rights and welfare for the women in India; Tarabai Shinde, the non-Brahmin author
of a fiery tract on gender inequality which was largely ignored at the time but has
recently become well-known; and Muktabai, a fourteen-year-old pupil in Phule's
school, whose essay on the social oppression of the Mang and Mahar castes is also
now famous.
The celebration of "Shiv Jayanti"(Birth day of Chhatrapati Shivaji Maharaj)for the

first time in India has been attributed to him. He also discovered the "Samadhi" of
Chhatrapati Shivaji Maharaj on Raigad Fort which had disappeared in creepers and
climbers. He wrote "Shivajicha powada" an epic poem.
Title of 'Mahatma'
According to D.J. Keer, Phule was bestowed with the unique title of 'Mahatma' on
11 May 1888 by another great social reformer from Mumbai, Rao Bahadur
Vithalrao Krishnaji Vandekar. As the history goes, Jyotirao Phule had completed
60 years of his age and 40 years of social service fighting for the rights of the
'bahujans'. To mark this achievement, it was decided by the bahujans and
satyashodhak leaders and workers to felicitate Jotirao Phule. Rao Bahadur
Vithalrao Krishnaji Vandekar, Narayan Meghaji Lokhande were in the forefront
for arranging this function. Rao Bahadur Vandekar and his fellow workers decided
to bestow the title of 'Mahatma' on Jotirao Phule for his dedicated service in the
cause of humanity. Sayajirao Maharaj of Baroda, who also was invited for this
function but could not attend. He had sent a message that Jotirao Phule be
bestowed with the title of ‘Hindustan's Booker T. Washington’. However, Rao
Bahadur Vithalrao Vandekar explained the reasons for bestowing the title of
'Mahatma' on Jotirao Phule justifying it to be apt for the great work and sacrifice of
Jotirao Phule for the downtrodden. On 11 May 1888, a function was arranged in
the meeting hall of ‘Mumbai Deshastha Maratha Dnyati-Dharma Sanstha’ at
Mandvi, Koliwada, Mumbai for felicitating Jotirao Phule. As the function began,
Rao Bahadur Vithalrao Krishnaji Vandekar explained in detail about the work and
97
&
School of Law
sacrifice of Jotirao Phule and his struggle for the rights of the downtrodden
bahujans. He then garlanded Jotirao Phule and declared that ‘we people present
here, with swasphurti, are bestowing the title of Mahatma upon Jotirao Phule!’.
Thus Jotirao Phule came to be known as Mahatma Jotirao Phule thereafter.
Legacy
• The full length statue inaugurated at the premises of Vidhan Bhavan

(Assembly Building of Maharasthra State), by the Chief Minister.
• The Crawford Market in Mumbai is officially named after him and is known
as Mahatma Jyotiba Phule Mandai.
• Mahatma Phule Museum, the Science and Technology museum in the city of
Pune was renamed in his honor in 1968
• Mahatma Phule Krishi Vidyapeeth in Rahuri, Ahmednagar District,
Maharastra.
• Mandai (Pune) officially known as Mahathma Phule Mandai is the biggest
vegetable market in Pune City, India.
• MAHATMA JYOTHIRAO PHULE ANDHRA PRADESH RESIDENTIAL
SCHOOLS - In the year of 2012 the govt of andhra pradesh renamed the ap
bc welfare residential schools in honor of Jyotiba Phule.
• The wholesale vegetable market in Nagpur, Maharashtra (India) is also
named after him.
• Subharti College of Physiotherapy was formerly named after him Jyotirao
Phule physiotherapy college.
Followers
Krantisurya Phule has many followers. Dr. Babasaheb Ambedkar, the first minister
of law of Republic India and the architect of Indian Constitution was inspired by
his noble work towards humanity. Noted independence fighter and Gandhian
Leader like Mukundrao Bhujbal Patil who is Ex. President of Bombay Pradesh
Congress Committee was the one who tried to bring the work done by Jyotirao
Phule, into a limelight. There are many followers of the work done by him, one
98
&
School of Law
among those is former Maharashtra Minister Chhagan Bhujbal who founded

Mahatma Phule Samata Parishad, an organisation that works for social uplifting of
Dalits and OBCs. and M.S.Chandramohan,writer,he is very much inspired by the
work done by Phule especially creating social education system. V.G.R Naragoni
is an OBC leader in andhra pradesh got inspired by Phule and followed him and
conduct deep research on Phule movements and wrote several books on Phule like
"Bahujana Vudhyama Radha Saradhulu. Vijay Tilekar(S.E.M.) a social worker &
follower of Jyotirao Phule Ex.President of Mahatma Phule CO-OP.Credit Society.
Mumbai Mahrashtra. Today entire family of Saini,Maurya,Shakya,Kushwah
consider Mahatma Jyotirao Phule as their 'Ideal' and are following his teachings.
*******
E.V. RAMASAMI NAICKER-PERIYAR
Born On: September 17, 1879 Born In: Erode, Coimbatore district, India Died On:
December 24, 1973 Career: Politician, Businessman, Social Activist Nationality:
Indian
E V Ramasamy, or Periyar as he is better known of, was one of the most inspiring
politicians and activists that India had ever seen. Having experienced vices such as
discrimination and exploitation at a very young age, Periyar had committed his life
to social work. He is best known for leading the movement for the creation of the
state of South India or Dravidasthan. E V Ramasamy fought for the establishment
of principles such as equality of castes and sexes, realization of fundamental rights
for women and an end to the exploitation of the non Brahmin Dravidians of South
India. Periyar was always against the Brahmins in the Tamil society, often making
controversial statements about them. He was also responsible for introducing
several changes in the Tamil alphabet and the language in general.
Early Life Erode Venkata Ramasamy was born on September 17, 1879 in the
small town of Erode in Coimbatore district of Madras Presidency. Periyar, as he
later came to be referred as, had one elder brother and two younger sisters. It was
99
&
School of Law
for his high thinking that E V Ramasamy came to be known as Periyar, which
translates to 'respected one' in the Tamil language. Periyar's father was a well
known businessman and he was thus raised in very wealthy surroundings. Periyar
attended school for only five years and joined his father's business when he was a
child of only 12 years. He was very small when E V Ramasamy understood that
there was no truth in mythological stories and religion. His visit to Kasi in the year
1904 left E V Ramasamy disillusioned towards Hinduism. It was in Kasi where he
saw that Brahmins were exploiting the other sects of society in the name of
religion, an anger which persisted till the days he was to begin the Dravidian
Movement. He remained an atheist for the rest of his life, always preaching the
futility of religion and warning people about priests and superstitions
Early Years In Politics Periyar joined the Indian National Congress in the year
1919, only to quit his post six years later in 1925 when he felt that the INC was not
a democratic organization, supporting only the Brahmins of the society. Before
joining the INC, Periyar had quit his father's business and all other service
positions that he was holding. As part of the Congress Party, E V Ramasamy
became the chairman of the Erode Municipality and fought extensively for the use
of khadi and the boycott of foreign cloth. He also spoke out vehemently against
untouchability. The British administration got him arrested in order to curb his
efforts. But not to be stopped by anything, Periyar took an active part in the Non
Cooperation Movement and the Temperance Movement in 1921-1922. After being
elected as the president of the Madras Presidency Congress Committee, Periyar
vehemently advocated for the reservation of the lower classes in education and
jobs, quitting his post three years later when his interests were not served. E V
Ramasamy was a strong believer in the policies of Mahatma Gandhi. Therefore, he
adopted the principle of Satyagraha in the town of Vaikom in Kerala, where Dalits
were so much discriminated against that they were not even allowed to visit the
streets close to temple areas. On April 14, 1924, Periyar and his wife Nagammai
came to Vaikom to organize the Satyagraha movement and although Gandhi
himself did not want the participation of non Keralites and non Hindus in his
struggle, Periyar nevertheless did not relent and continued fighting for peoples'
basic rights until Gandhi called off the movement
100
&
School of Law
Later Political Life In the year 1925 Periyar launched the Self Respect Movement.
This movement was started to allow the lower classes of the society gain the rights
that the privileged enjoyed. While most activists fought for independence from the
British, Periyar was more concerned about the establishment of equality in society.
Periyar said that even the non Brahmins have much to rejoice about because of
their Dravidian history. The Self Respect Movement also stood for doing away
with exploitation in the name of religion. Periyar was an atheist, and though he did
not have any problem with people practicing the religion of their choice, he
protested against meaningless customs and ceremonies associated with religion.
Periyar also advocated for widow remarriage, inter caste marriage and the end of
child marriage through the Self Respect Movement. A school that taught its
students the methods and usefulness of the Self Respect Movement was opened in
Erode, the birthplace of Periyar. E V Ramasamy remained actively associated with
the Self Respect Movement till 1929 after which he traveled extensively around
several countries across continents from 1929 to 1932 to educate himself in several
aspects of life and work. Periyar visited Russia, different countries of Europe and
Malaysia and studied the respective countries' histories and their system of
governance. Communism was rampant in different parts of the world during this
time and Periyar was sure that communism was the answer to the establishment of
a better government and society in India. Periyar returned to India in November
1932 with a completely different political ideology. In an effort to fight the concept
of discrimination through the division of castes, Periyar announced in the year
1929 that he would no longer use Naicker behind his name, his title from birth.
Anti Hindi Protest In the year 1937, Hindi was introduced as a compulsory
language in the state of Madras by newly elected Chief Minister Chakravarthi
Rajagopalachari. Several anti Hindi movements were launched in the state after
this announcement, with Periyar taking the lead in protests that started in the year
1938. Periyar coined the term 'Tamil Nadu for Tamilians' and was totally against
the concept of introducing the Hindi language in schools. He was of the opinion
that learning Hindi would destroy the Tamil culture, a reasoning that was
supported by several politicians in Tamil Nadu who followed Periyar's policy of
101
&
School of Law
'Tamil Nadu for Tamilians'. The anti Hindi protests launched after the language
was made compulsory in schools continued for a fairly long time and became a
primary issue in Tamil Nadu politics. When the government authorities did not
relent to mass demands, Periyar took the help of the Justice Party or the South
Indian Liberation Federation which had originally been formed in the year 1916 to
fight for equal rights for non Brahmins. With Periyar at the head of a party, the
Justice Party gradually acquired a lot of supporters, many of them students who
considered Hindi learning as a form of bondage. Periyar was also jailed in 1939 for
launching anti Hindi protests in Tamil Nadu. Periyar remained with the Justice
Party until 1944, but several conservative members of the party, especially the rich
and intellectual quit from their posts during his term.
The Dravidar Kazhagam During the last part of 1944, E V Ramasamy announced
that the Justice Party will henceforth be known as the Dravidar Kazhagam or the
Dravidian Association. With Periyar at its helm the Dravidar Kazhagam soon
became a popular political party, their chief aim being social reform work in the
form of elimination of Hindi and Brahmin culture from Tamil. Periyar thwarted all
religious farce and spoke out against the Brahmin priests. Periyar never forgot his
chief aim was to do away with untouchability of the Dalits or Harijans and
propagate the cause of women in society.
Rift between Periyar and Annadurai Conjeevaram Natarajan Annadurai, who was
the chief support of E V Ramasamy and also his staunch supporter until the year
1948, parted ways with the leader in the year 1949 forming a separate party called
the Dravida Munnetra Kazhagam or the Dravidian Advancement Association. The
chief reason for the split was the fact that while Periyar wanted a separate state of
Tamil Nadu, Annadurai had joined hands with the government in Delhi who had
promised more independence for Tamil Nadu. Periyar's methods of running his
party did not earn him or the other members of the party any political power or
money and this was the reason why several supporters gradually began to leave
him to join Annadurai. Moreover, Periyar's second marriage to Maniammai, a
woman forty years his junior was enough reason to drive away the remaining
supporters of Dravidar Kazhagam. However, it is important to mention here that
102
&
School of Law
though Annadurai had split from his mentor Periyar, his newly formed DMK
continued to preach the supremacy of the Tamil language when compared to Hindi
and Sanskrit.
Controversies Periyar's journey in Tamil politics was full of controversies and

arrests. While his non cooperation and satyagraha movements landed Periyar in
prison a number of times, the fact that he burnt the effigy of Lord Rama in order to
show his hatred for the Hindi language also got him arrested. Periyar tried his best
to undermine the Brahmins and Hindus by attacking their beliefs and customs in
public. His speeches and teachings were always dedicated to the downtrodden in
the society and it was for them that he continued to fight till the end of his life.
However his policies fell under a bad light and invited the wrath of many a critic
and intellectual when Periyar famously commented that the Christians and
Muslims residing in Tamil Nadu should not even be counted as Tamils!
Personal Life E V Ramasamy married Nagammai in the year 1898, when he was
only 19 years old. The couple was blessed with a daughter, who unfortunately
could not live longer and died just five months after her birth. In the year 1933,
Periyar met with another setback in his personal life as his wife, Nagammai also
left for the heavenly abody. Later, in 1948, Periyar married for the second time in
the month of July.
Death Periyar breathed his last on December 24, 1973. Periyar's legacy was carried
forward by his second wife Maniyammai, who was appointed the leader of the
Dravidar Kazhagam after his death and continued his policy of protests against all
things Hindu and standing by the social minority. A film made on the life of E V
Ramasamy by Gnana Rajasekaran was released both in national and international
film festivals in May 2007.
*****
LIBERALIZATION &GLOBALIZATION
103
&
School of Law
Although, the concepts of liberalization and globalization are closely related with
each other as both are referred to the relaxation of social, economic and political
policies so as to promote integration in different countries around the world.
However, if you look more precisely, there are still few differences between the
two terms.
Liberalization refers to the process of removal of the restrictions which mainly

include the government policies which are imposed on the economic, political and
social matters of the state. On the other hand, globalization refers to the process of
integration among different nations around the world so as to attain social,
economical and political advantages.
Liberalization
It refers to the eradication of the limitations imposed by the government policies on

the economical, social and political matters so as to promote integration amongst
different processes within the state. Liberalization can be related to the society,
politics, economics, capital markets or trades. Social liberalization can be referred
to the abolition of the laws which hindered the social justice in a country. Trade
liberalization may be referred to the removal of the trade policies due to which the
people cannot import or export freely. Meanwhile, economic liberalization can be
related to the promotion of privatization in the country and to remove the
restrictions on economic activities. Similarly, the capital market liberalization may
include reduction of limitations on the debt and equity markets in the financial
system of the state.
Globalization
It can be defined as a process of promoting integration amongst different countries

so that they can attain social, economical and political benefits from each other.
The globalization has provided many opportunities to the individuals and
104
&
School of Law
businesses to seek and explore more and more options. With the help of
globalization, businesses can avail better options for expansion and the consumers
can search for better products and services at competitive prices.
Furthermore, it has provided many employment opportunities to the individuals in

the less developed countries. For instance, when a multinational company opens its
office or offices in under developed countries and build factories, it helps in
employment creation at all levels as it requires executives, officers and labors run
their business. However, some companies are also facing problems with managing
their workforce diversity because of globalization. Nonetheless, the advantages of
globalization have far superseded its disadvantages.
Impact of liberalization on Indian Society:
It should be noted that food (Agriculture), Health and education (and to lesser
extent banking) are among basic necessities, which every human being deserves
and can’t do without. Unfortunately, in developing countries there is market failure
in all these sectors and majority of people can’t afford beyond a certain limit (or
can’t afford at all). Concept of free markets, globalization, liberalization etc. fails
here miserably. Free markets provide goods and services to people who can afford
paying for them, not to those who deserve and need these.
Now if we consider these sectors from angle of our inclination towards free
markets, certainly there has been lot of progress. There has been world class
education available in India and Deregulation has resulted in Mushrooming of
private engineering and Medical Colleges. But in reality, this had far reaching
devastating effect on society.
105
&
School of Law
These new colleges accommodate only a miniscule proportion of aspirants at very

high costs. Recently, an Independent organization ‘Transparency International’
came out with report claiming that India’s medical system is most corrupt in the
world. This was no surprise, we all know from where it starts. High fees of
education forces many aspirants to take educational loans from banks. After
qualifying job market is unable to absorb majority of them. Practice turns out to be
option of last resort. Now to make a decent living and to pay back the loans person
is lured by corruption. Consequently, when many similar cases are put together, we
get a corrupt system, economy and society.
Reality is that after deregulation and liberalization, government along with other
sectors, pulled its hand from social sectors too. Now there is Mediocre to high
quality options are available in private sector which can be availed as per one’s
budget. In public Sector Less than Mediocre to Mediocre options are available.
This leaves huge proportion of aspiring students and expecting patients.
On Social front India’s performance is deplored all over the world and it is
probably behind all important developing economies. This lacuna has been
recognized and government has taken the charge. In case of education almost
universal enrollments has been achieved upto primary level and now impetus
should be on improving quality, so that student of public schools comes at par with
atleast average private ones
Socio-Cultural Impact on Indian Society
1) Access to education – On one hand globalisation has aided in the explosion of

information on the web that has helped in greater awareness among people. It has
also led to greater need for specialisation and promotion of higher education in the
country. On the flip side the advent of private education, coaching classes and paid
study material has created a gap between the haves and have-nots. It has become
increasingly difficult for an individual to obtain higher education.
106
&
School of Law
2) Growth of cities – It has been estimated that by 2050 more than 50% of
Indiaâ€™s population will live in cities. The boom of services sector and city
centric job creation has led to increasing rural to urban migration.
3) Nuclear Families – The increasing migration coupled with financial

independence has led to the breaking of joint families into nuclear ones. The
western influence of individualism has led to an aspirational generation of youth.
Concepts of national identity, and of family, job and tradition are changing rapidly
and significantly.
4) Old Age Vulnerability – The rise of nuclear families has reduced the social
security that the joint family provided. This has led to greater economic, health and
emotional vulnerability of old age individuals.
5) Â Pervasive Media – There is greater access to news, music, movies, videos

from around the world. Foreign media houses have increased their presence in
India. India is part of the global launch of Hollywood movies which is very well
received here. It has a psychological, social and cultural influence on our society.
6) McDonaldization – A term denoting the increasing rationalization of the routine

tasks of everyday life. Â It becomes manifested when a culture adopts the
characteristics of a fast-food restaurant. McDonaldization is a reconceptualization
of rationalization, or moving from traditional to rational modes of thought, and
scientific management.
7) Walmartization – A term referring to profound transformations in regional and

global economies through the sheer size, influence, and power of the big-box
department store Wal-Mart. It can be seen with the rise of big businesses which
have nearly killed the small traditional businesses in our society.
Psychological Impact on Indian Society
1) Development of Bicultural Identity – The first is the development of a

bicultural identity or perhaps a hybrid identity, which means that part of
107
&
School of Law
oneâ€™s identity is rooted in the local culture while another part stems from
an awareness of oneâ€™s relation to the global
2) world. Â The development of global identities is no longer just a part of
immigrants and ethnic minorities. Â People today especially the young
develop an identity that gives them a sense of belonging to a worldwide
culture, which includes an awareness of events, practices, styles and
information that are a part of the global culture. Â Media such as television
and especially the Internet, which allows for instant communication with any
place in the world, play an important part in developing a global identity.
A good example of bicultural identity is among the educated youth in India who
despite being integrated into the global fast paced technological world, may
continue to have deep rooted traditional Indian values with respect to their personal
lives and choices such as preference for an arranged marriage, caring for parents in
their old age.
2) Growth of Self-Selected Culture – means people choose to form groups with

like-minded persons who wish to have an identity that is untainted by the global
culture and its values. The values of the global culture, which are based on
individualism, free market economics, and democracy and include freedom, of
choice, individual rights, openness to change, and tolerance of differences are part
of â€œwestern values.â€• Â For most people worldwide, what the global culture
has to offer is appealing. Â One of the most vehement criticisms of globalization is
that it threatens to create one homogeneous worldwide culture in which all children
grow up wanting to be like the latest pop music star, eat Big Macs, vacation at
Disney World, and wear blue jeans, and Nikes.
3) Emerging Adulthood – The timing of transitions to adult roles such as work,

marriage and parenthood are occurring at later stages in most parts of the world as
the need for preparing for jobs in an economy that is highly technological and
information based is slowly extending from the late teens to the mid-twenties.
Â Additionally, as the traditional hierarchies of authority weaken and break down
under the pressure of globalization, the youth are forced to develop control over
108
&
School of Law
their own lives including marriage and parenthood. The spread of emerging
adulthood is related to issues of identity.
4) Consumerism – Consumerism has permeated and changed the fabric of

contemporary Indian society.Western fashions are coming to India: the traditional
Indian dress is increasingly being displaced by western dresses especially in urban
areas. Â Indian MTV, soap television, and films set a stage for patterns of
behavior, dress codes and jargon. Â There is a changing need to consume more and
more of everything.
Globalisation is an age old phenomenon which has been taking place for centuries
now. We can experience it so profoundly these days because of its increased pace.
The penetration of technology and new economic structures are leading to an
increased interaction between people. As with other things there have been both
positive and negative impacts on India due to it.
MOERNIZATION
Modernisation is the transformation of society through the development of

industry and technology, accompanied by far-reaching political and social
changes.
A key feature of a modern society is its application of scientific knowledge to the

production of goods and services, with an emphasis on maximising efficiency.
Modernisation affects all of society, including the economic, political and social
systems. In the economic sphere, modernisation takes the form of industrialisation.
Secularisation is necessary for the rise and maintenance of any modern society.
109
&
School of Law
An orientation towards knowledge, technology and economy is basic to modern

civilisation.
The three drivers of modernity are:

1. Experimental science
2. Scientific technology
3. Production-oriented economy
The economy ceases to be oriented mainly towards consumption and comes to

place its main emphasis on production as its goal. This involves a shift towards
production for further production, that is, capital investment.
The process of modernisation is a kind of permanent revolution, without any final

goal. One can distinguish various phases of modernity, with the contemporary
scene even offering glimpses of a "post-modern" one.
The superiority or desirability of modernity remains an open question.
Indian said: f you are concerned about such lofty things as "the purpose of life"
then you don't have to worry about modernity.
Modernity matters if you care about more mundane things like:

1. removing poverty, illiteracy, hunger and disease
2. making your country a superpower.
POST MODERNIZATION
To write about some preliminary sense of the meaning of post-modernization it is

useful to indentify the family of terms derived from the “Post modern” and these
110
&
School of Law
can be best understood by contrasting them to those which derive from the
modern:-
Modern - Postmodern; Modernity – Postmodernity; Modernite – Postmodernite;

Modernization – Postmodernization; and Modernism – Postmodernism.
If the modern and post modern are generic terms it is immediately apparent that the
prefix ‘post’ signifies that which comes after, a break or rupture with the modern
which defined in counter distinction to it. Yet the term ‘postmodernization’ is more
strongly based on a negation of the modern, a perceived process of abandonment,
break with or shift away from the definitive feature of the ‘modernization’ with
emphasis firmly on the sense of the rational process of move away. We are only on
the threshold of the alleged shift and not in a position to regard the ‘postmodern’ a
fully fledged positivity which can be defined comprehensively in its own right.
Bearing in this in mind we can tke a closure look at the pairing “Modernization and
Post Modernization”.
On the face of it, both terms seem to sit unhappy amidst discussion of modernity-
postmodernity, modernism – postmodernism. Modernization has been regularly
used in the sociology of development to point to the effects of economic
development on traditional social structures and values. Modernization theory is
also used to refer to the stages of social development which are based upon
industrialization, the growth of science and technology, the modern nation state,
the capitalist world market, urbanization and other infrastructural elements ( In this
usage it has strong affinities with the first sense of modernity). It is generally
assumed, via loose base-superstructure model that certain cultural changes
(secularization and the emergence of modern identity which centres around self
development) with result from the modernization process. If we turn to post
modernization it is clear that a concomitant detailed outline of specific social
processes and institutional changes has yet to to be theorized. All we have is the
111
&
School of Law
possibility of deriving the term from those usages of postmodernity which refer to
a new social order and epochal shift. For example, Baudrillard’s (1983) depiction
of postmodern simulational world is based upon the assumption that the
development of commodity production coupled with information technology have
led to the “triumph of signifying culture” which then reverses the direction of
determinism, so that social relations become saturated with shifting cultural signs
to the extent that we can no longer speak of class or normaltivity and are faced by
“the end of social”. Baudrillard however,does not use the term postmodernization.
The term “postmodernization” does, however, have the merit of suggesting a

process with degrees of implementation rather than a fully fledged new social
order or totality. One significant context for the utilization of the term
postmodernization is the field of urban studies exemplified in the contributions
Philip Cooke and Sharon Zukin, For Cooke. For Cooke,post modernization is an
ideology and set of practices with spatial effects which have been notable in the
British economy since 1976. Zukin also wants to use postmodernization to focus
on the restructuring of socio-spatial relations by new patterns of investment and
production in industry, services, labout markets and telecommunication.
Postmodernization is a dynamic process comparable to modernization. It is not
regarded as pointing to a new stage of society, for it is held to take place within
capitalism.
Zukin and Cooke, both share the merit of focusing on processes of production as
well as consumption and the spatial dimension of particular cultural practices (the
redevelopment of downtowns and waterfronts development of urban artistic and
cultural centres and the growth of the service class and gentrification)which
accompany them.
Distinction Between Modernity and Post Modernity
112
&
School of Law
Modernity Post-modernity
Facts and truth are created by
Facts, observation and logic
assumptions
Reject absolute truth - point out

Trust absolute truth
assumptions
Spiritual pluralism - all religions
Biblical Monotheism - One absolute
require assumptive reasoning and are
truth
therefore equal
Relationship with reality by Relationship with the group that
attempting to discern the absolutes benefits you the most
Faith doctrines of absolutism: base

Moral relativism: base beliefs, values
beliefs, values and hope on a revealed
and hope on agreed upon doctrine
doctrine
Objective knowledge (religious, Seeks objective knowledge and

mathematical, historical record, etc.) reworks doctrines to include or ignore
that support absolutist doctrine said knowledge
Follow Biblical or cultural standards Create your own standards and

which are considered inherently values: society should grant as much
correct right to this as possible
Sexual guidelines and boundaries Humans free to choose their own

fixed by absolutist doctrine sexuality and identity.
Judge right and wrong by absolute No right or wrong lifestyles except

standards those agreed upon
Hard scientific or religious Radical science (chaos theory,

perspective favored shrodinger’s cat) and transcendent,
113
&
School of Law
mysterious spirituality favored
Emphasize creed or logical Emphasize story, personal discovery,

proposition journey...
Desires to see all embrace the Celebrates a diversity of post-modern

absolutist doctrine spirituality.
Biblical truth irrelevant (dismiss
Biblical evangelism makes sense whatever doesn’t feel compatible with
personal journey)
Contact with "other gods" forbidden. Other gods and culture produce
and promised personal peace and ultimate peace and oneness to their
oneness through Christ alone. believers.
******
FORDISM
Fordism is a notion of modern economic and social system based on an

individualized and standardized form of mass production. The concept is used in
various social theories and management studies about production and related
socio-economic phenomena.
Fordism is “the eponymous manufacturing system designed to spew out

standardized, low cost goods and afford its workers decent enough wages to buy
them.”
Fordism is described as a model economic expansion and technological progress

based on mass production of the manufacture of standardized products in huge
volumes using special purpose machinery and unskilled labour.
114
&
School of Law
Although Fordism was a method used to improve productivity in the automotive

industry, this principle could be applied to any kind of manufacturing process.
Major success stemmed from three major principles:-
1. The standardization of the product (nothing hand made everything is made
through machines, molds and not by skilled craftsmanship.
2. The use of special purpose, tools and or equipment designed to make
assembly lines possible, tools are designed to permit workers with low skill
levels to operate “assembly lines” where each worker does one task over and
over and over again – like on a doll assembly line, where one worker might
spend all day everyday screwing on doll-heads.
3. Workers are paid higher “living” wage, so that they can afford to purchase
rthe product they make.
These principles coupled with a technological revolution during Henry Ford’s time
allowed for this revolutionary form of labour to flourish. It is true that his
assembly line was revolutionary, but it was in no way original. His most original
contribution to the modern world was his breaking down of complex tasks into
simpler ones with the help of specialized tools. Simpler tasks would consist of
making interchangeable parts that would be the same every time. This allowed for
a very adaptable flexibility allowing the assembly line to change its components
whenever the product being assembled, changed enough to warrant a change in
tools. In reality the assembly line had already been around before Ford, but not in
quite the same effectiveness as Ford would create. His real accomplishment was
recognizing the potential, breaking it all down into its components only to build it
back up again in a more effective and productive combination, therefore to produce
an optimum method for the real world. The major advantages of such a change was
that it cut down on the manpower necessary for the factory to operate, not to
mention that it de-skilled the labour itself, cutting down on costs of production.
Historian Thomas Hughes has detailed the way in which the Soviet Union in the
1920s and 1930s enthusiastically embraced Fordism and Taylorism. He quotes
Joseph Stalin, “American efficiency is that indomitable force which neither knows
115
&
School of Law
nor recognizes obstacles; which continues on a task once started until it is finished,
even if it is a minor task, and without which serious constructive work is
conceivable …The combination of the Russian revolutionary sweep with American
efficiency is the essence of Leninism.”
Fordism is a tag used to characterize the post 1945 long boom experienced by
western nations. Fordism as a Regime of Capital Accumulation broke down,
dependent on national experiences, somewhere between the late 1960s and the mid
1970s. Western economies experienced slow or nil economic growth, rising
inflation and growing unemployment, much of this as a result of 1973 oil shock.
Post Fordism : The period after Fordism has been termed Post Fordist and Neo
Fordist. The Post Fordist implies that global Capitalism has made a clean break
from Fordism (including overcoming its inconsistencies), whilst the Neo Fordist
implies that the elements of the Fordist Regimes of Capital Accumulation
continued to exist. The Regulation School preferred the term “After Fordism” to
denore that what comes after fordism was, or is, not yet clear.
In Post Fordism Economies:-

(1) New Information Technologies are important.
(2) Products are marketed to Niche Markets rather than in mass consumption
patterns based on social class.
(3) 3Service industries predominate over manufacturing.
(4) Financial Markets are globalized.
(5) The work force is feminized.
In 1914, Henry Ford sponsored the development of the moving assembly line
technique of mass production. Half of the all cars in America in 1918 were model
T. Simple to drive and cheap to repair.
Henry Ford was a very talented boy since his childhood. When he was only 13
years of age his father gifted him a Pocket Watch. Young boy promptly took apart
and assembled it again. His friends and neighbor requested him that he fix their
116
&
School of Law
time pieces too. By the age of 16 years he was able to successfully operate and
service steam engine.
Some thoughts of Henry Ford may be mentioned as below:-

1. There is one rule for the Industrialists and that is make the best quality of
goods possible at the lowest cost possible, paying the highest wages
possible.
2. Don’t find fault find a remedy.
3. Anyone who stops leaning is old, whether at twenty or eighty. Anyone who
keeps learning stays young.
4. Thinking is the hardest work there is which is probably the reason so few
engage in it.
5. There is no man living who isn’t capable of doing more he thinks he can do.
6. Quality means doing right when no one is looking.
7. To do more for the world than the world does for you – that is success.
8. A successful man is one who can lay a firm foundation with the bricks the
other throw at him.
Henry Ford was a relentless technological innovator, based on his commitment to
creating “the best possible goods, at the lowest possible price.” He focused on
making ongoing changes in design and production that would drive down costs
while improving the product.
Model T in 1908, inaugural Model’s cost was $825 by 1916 he had reduced the
cost more than half i.e. $360 – while increasing safety, reliability and speed. At
one point ( by 1918) over half the families in America owned a Ford Motor Car.
More than any other individual Henry Ford – made America a nation of “Car
Owners”.
*****
117
&
School of Law
What Is McDonaldization?
Four Main Principles of McDonaldization :

Calculability Predictability Control
Efficiency
Overview
McDonaldization is the term invented by George Ritzer to describe a

sociological phenomenom that is happening in our society. You may think it
started with Ray Kroc in the 1950's when he bought his first hamburger
restaurant, but it's origins were actually much earlier than that. In fact, Henry
Ford was the first McDonaldization pioneer with his vision of an assembly line
for improving the production of automobiles. His revolutionary idea
dramatically changed how many automobiles could be produced and was very
efficient.
In essence, McDonaldization is the process of rationalization, albiet taken to

extreme levels. Rationalization is a sociological term that simply means the
substitution of logically consistent rules for traditional (or illogical) rules. One
of the fundamental aspects of McDonaldization is that almost any task can
(and should) be rationalized.
The process of McDonaldization takes a task and breaks it down into smaller
tasks. This is repeated until all tasks have been broken down to the smallest
possible level. The resulting tasks are then rationalized to find the single most
efficient method for completing each task. All other methods are then deemed
inefficient and discarded.
The result is an efficient, logical sequence of methods that can be completed

the same way every time to produce the desired outcome. The outcome is
predictable. All aspects of the process are easily controlled. Additionally,
118
&
School of Law
quantity (or calculability) becomes the measurement of good performance.
By now, you might be thinking that this all sounds pretty good. After all, being
more efficient is a good thing. Controlled, consistent and measurable outcomes
also sound good. So, what's the problem?
It turns out that over-rationalizing a process in this manner has an unexpected

side effect. It's called irrationality. In a sociological context that simply means
that a rationalized system may result in events or outcomes that were neither
anticipated or desired, and in fact, may not be so good.
Take the example of the McDonald's chain of restaurants. Where is the

irrationality? The premise of fast food often turns out to be just the opposite -
long waits in lines. Fast food is not necessarily good food - in fact, McDonald's
food is extremely unhealthy and the taste is average and bland. The system of
efficiently producing and distributing their food has some other consequences,
namely millions of tons of trash each year (disposability) and a food
cultivation system of questionable ethics.
According to Ritzer, the four main dimensions of McDonaldization are:
• Efficiency - The optimum method of completing a task. The rational

determination of the best mode of production. Individuality is not
allowed.
• Calculability - Assessment of outcomes based on quantifiable rather
than subjective criteria. In other words, quantity over quality. They sell
the Big Mac, not the Good Mac.
• Predictability - The production process is organized to guarantee
uniformity of product and standardized outcomes. All shopping malls
begin to look the same and all highway exits have the same assortment
of businesses.
• Control - The substitution of more predictable non-human labor for
human labor, either through automation or the deskilling of the work
119
&
School of Law
force.
There are other dimensions of McDonaldization that Ritzer didn't include with
the main four, but are worthy enough for prime attention. They are:
• Irrationality - A side effect of over-rationalized systems. Ritzer himself

hints that this is the fifth dimension of McDonaldization. An example of
this could be workers on an assembly line that are hired and trained to
perform a single highly rationalized task. Although this may be a very
efficient method of operating a business, an irrationality that is spawned
can be worker burnout.
• Deskilling - A work force with the minimum abilities possible to
complete simple focused tasks. This means that they can be quickly and
cheaply trained and are easily replaceable.
• Consumer Workers - One of the sneakiest things about McDonaldization
is how consumers get tricked into becoming unpaid employees. They do
the work that was traditionally performed by the company. The prime
example of this is diners who bus their own tables at the fast food
restaurant. They dutifully carry their trash to friendly receptacles marked
"thank you." (The extreme rationalization of this is the drive-thru;
consumers take their trash with them!) Other examples are many and
include: ATM's, salad bars, automated telephone menus, and pumping
gas.
******
RAJA RAMMOHAN ROY
Raja Ram Mohan Roy was a founder of the Brahmo Sabha movement in 1828
which engendered the Brahmo Samaj, an influential Bengali socio-religious reform
movement. Wikipedia
120
&
School of Law
Born: May 22, 1772, Radhanagore
Died: September 27, 1833, Stapleton, Bristol, United Kingdom
Successor: Dwarkanath Tagore
Books: The Essential Writings of Raja Rammohan Ray, more
Organizations founded: Brahmo Samaj, Presidency University, Kolkata
Parents: Ramkanto Roy, Tarinidevi.
In the early nineteenth century, many educated Indians began to feel that western
culture and the rising tide of Christianity posed a challenge to their age old
traditions and beliefs. In their attempt to remedy the situation, many reformers
became critical of the past and began to look for ways to rid the society of its evils,
such as caste distinction, purdah system and the custom of Sati. They wanted a
new social order in keeping with the traditional values and modern development.
Many Indians were impressed by progress made by science as well as the doctrine
of reason and humanism of the West. The social conditions of the 19th century led
to socio-religiousreformmovements.One of them was Brahmo Samaj.
The Brahmo Samaj or the society of the God was founded in 1828 by Raja
Rammohan Roy (1772-1833). He was a scholar and was well-versed in Sanskrit,
Persian, English, Hindi and Bengali. He made an intensive study of Christianity
and other religions. After that he came to the conclusion that the Hindu society
needed reform and India had to learn a lot from the West.
Ram Mohan Roy was born in Burdwan in Bengal. Raja Rammohan Roy served the
East India Company for a number of years and became a revenue officer in 1809.
He was a critic of the unjust actions and policies of the British Government in
India. He protested against the curbs on the freedom of the press. His progressive
121
&
School of Law
views helped to change Hindu society but these views were bitterly opposed by the
orthodox Hindus. He was a social and religious reformer, an educationist and a
political leader. He is remembered for his help in the abolition of Sati and in
modernization of educational practices. His ideas on social and religious reforms
constitute the ideals of the Brahmo Samaj founded by him in 1828.
Rabindranath Tagore said, "Raja Rammohan Roy inaugurated the modern age in
India. He was the father of Indian Renaissance and the prophet of Indian
nationalism." One of his greatest achievements is the uplift of the position of
women in India. First of all, he tried to give women proper education in order to
give them better social status in society. His effort in the abolition of Sati made
him immortal as a social reformer.
Sati was an ancient Hindu custom, according to which a wife immolated herself at
the funeral pyre of her husband. In 1811, Roy witnessed his brother's widow being
burned alive on her husband's funeral pyre. Three years later, he retired and
concentrated on campaigning against the practice of women dying as Satis. Raja
Rammohan Roy was the first Indian to protest against this custom. In spite of
protests from orthodox Hindus, he carried on his propoganda against the custom.
Finally, he won the cause when Lord William Bentick, the Governor General of
India passed a law in 1829 abolishing the custom of Sati. According to this law the
custom of Sati became illegal and punishable as culpable homicide. Raja
Rammohan Roy also opposed child-marriage and supported widow remarriage.
Raja Rammohan Roy supported Western education, including learning of English

and the knowledge of science and philosophy. He, along with David Hare, a
missionary, founded schools to impart English education to Indian children. He
developed the Hindu College which finally developed into the Presidency College
in Calcutta.
122
&
School of Law
Raja Rammohan Roy did not want the Indians to imitate the West. He based his
teachings on the philosophy of the Vedas and Upanishads and tried to bring about
a synthesis of the Vedic religion and the Christian humanism. This very synthesis
formed the basis of the Ramakrishna Math which was later formed by Swami
Vivekananda. Raja Rammohan Roy focused the attention of the British
Government to such demands as appointing Indians to higher posts. He protested
against restrictions on the freedom of the press. His social reforms made him the
"first modern man" in India.
Ideals of Brahmo Samaj
The ideals of Brahmo Samaj have their origin in the synthesis of the Vedic religion
and the Christian humanism.
It advocated that there is one God, who is present everywhere, and is without shape
and form. His worship lies in intense devotion.
It believed in the brotherhood of man and treated all men as equal. It started a
magazine entitled Samvad Kaumudi, to teach people love of mankind.
It supported the introduction of English in schools with the belief that the study of
English would open the door to modern sciences.
It condemned social evils such as casteism, untouchability, child marriage and the
Sati system. It was due to the efforts of Raja Rammohan Roy that Lord William
Bentick abolished Sati system in 1829 by declaring it an offence.
It advocated freedom of the press and condemned any restriction imposed on it by

the Government.
It supported widow-remarriage and the education of girls. Raja Rammohan Roy

was the first to agitate for getting women their rightful place.
123
&
School of Law
SUMMING UP; Raja Ram Mohan Roy was born in a famous family of Bengal in
1772 A.D. He was a great scholar of Sanskrit, Persian, and English and knew
Arabic, Latin and Greek. He studied Hindu scriptures like the Vedas, the
Upanishadas etc. and books of other religions. He joined the service of the East
India Company in 1805 and gradually rose to high offices. He died in England in
1833 while he was pleading the case of pension for the Mughal emperor Akbar-II.
Raja Ram Mohan Roy was the first social reformer of Modern India and he is
rightly called the 'Father of Modern India'. He had a rational and scientific
approach and believed in the principle of human dignity and social equality. He
was a perfect combination of the East and the West.
He was deeply devoted to the work of religious and social reform, so he founded
the 'Brahmo Samaj* in 1828. He condemned polytheism and idol worship and
propagated the concept of one God. His religious ideas had assimilated elements of
Islam, Christianity, Hinduism and modern European liberal philosophy. He
translated ancient Indian works on religion and philosophy into Bengali.
He attacked the caste system and campaigned to persuade the Government to

abolish 'Sati' system and child marriage. He advocated equal rights for women,
right of widows to remarry and right of women to property.
He stood for modern education, introduction of English education for the

propagation of science in India and modernization of Indian society.He was
internationalist and supported the cause of freedom everywhere. He celebrated the
success of the 1830 Revolution in France and condemned the Britishers who were
inflicting miseries on Ireland.
*******
Jotiba Phule
124
&
School of Law
Jyotirao Govindrao Phule

11 April 1827
Katgun, Satara, British India
Born
(present-day Maharashtra,
India)
28 November 1890 (aged 63)
Died Pune, British India (present-
day Maharashtra, India)
Mahatma Phule. Jyotiba
Other names
Phule / Jyotirao Phule
Satyashodhak Samaj, Deist,
Religion
(Dev vadi)Humanism
Era 19th century philosophy
Region Mali
Main interests Ethics, religion, humanism
Mahatma Jyotirao Govindrao Phule (11 April 1827 – 28 November 1890), also
known as Mahatma Jyotiba Phule was an Indian activist, thinker, social
reformer, writer and theologist from Maharashtra. Jyotiba Phule and his wife
Savitribai Phule were pioneers of women's education in India. His work extended
to many fields including education, agriculture, caste system, women and widow
upliftment and removal of untouchability. He is most known for his efforts to
educate women and the lower castes as well as the masses. He, after educating his
wife, opened the first school for girls in India in August 1848.
In September 1873, Jyotirao, along with his followers, formed the Satya Shodhak
Samaj (Society of Seekers of Truth) with the main objective of liberating the
Bahujans, Shudras and Ati-Shudras and protecting them from exploitation and
atrocities. For his fight to attain equal rights for peasants and the lower caste and
his contributions to the field of education, he is regarded as one of the most
important figures of the Social Reform Movement in Maharashtra. Dhananjay
125
&
School of Law
Keer, his biographer, notes him as "the father of Indian social revolution". Jyotirao
Phule was among the intellectuals of India who tried hard for the upliftment of the
Dalit community. He is often remembered for his anti-caste efforts and in the trio
of Phule-Periyar-Ambedkar.
Early life
Jyotirao Govindrao Phule was born in the Satara district of Maharastra in a family
belonging to Mali. His father, Govindrao, was a vegetable vendor. Originally
Jyotirao's family, known as Gorhays, came from Katgun, a village in Taluka-
Khatav, District- Satara. His grandfather Shetiba Gorhay settled down in Pune.
Since Jyotirao's father and two uncles served as florists under the last of the
Peshwas, they came to be known as 'Phules'. (Reference- P.G. Patil, Collected
Works of Mahatma Jotirao Phule, Vol-II, published by Education department,
Govt. of Maharashtra). His mother died when he was 9 months old. After
completing his primary education Jyotirao had to leave school and help his father
by working on the family's farm. He was married at the age of 12. His intelligence
was recognised by a Muslim and a Christian neighbour, who persuaded his father
to allow Jyotirao to attend the local Scottish Mission's High School, which he
completed in 1847. The turning point in Jyotiba's life was in year 1848, when he
was insulted by family members of his Brahmin friend, a bridegroom for his
participation in the marriage procession, an auspicious occasion. Jotiba was
suddenly facing the divide created by the caste system.Influenced by Thomas
Paine's book, Rights of Man (1791), Phule developed a keen sense of social justice.
He argued that education of women and the "lower castes" was a vital priority in
addressing social inequalities.
Satyashodhak Samaj
On 24 September 1873, Jotirao formed 'Satya Shodhak Samaj' (Society of Seekers

of Truth) with himself as its first president and treasurer. The main objectives of
the organisation were to liberate the Shudras to prevent their 'exploitation' by the
caste like Brahmans. Through this Satya Shodhak Samaj, Jotirao refused to regard
126
&
School of Law
the Vedas as sacrosanct. He opposed idolatry and denounced the chaturvarnya

system (the caste system). Satya Shodhak Samaj propounded the spread of rational
thinking and rejected the need for a Brahman priestly class as educational and
religious leaders. He was an aboriginal of India and established Satyadharma and
never renounced his faith. He was against those Brahmins who were using religion
and blind faith of masses for their own monetary gains. But Jyotiba had many
Brahmin personal friends and he even adopted a Brahmin boy as his heir. He made
a will giving his large property after his death to this Brahmin boy]
Beliefs
Phule established the Satya Shodhak Samaj, Savitribai became the head of the
women's section teacher for girls. Deenbandhu publication, the mouthpiece of the
Satya Shodhak Samaj, played an important role in SatyaShodhak Samaj's
movement. After Jyotirao's death in 1890 his spirited followers went on spreading
the movement to the remotest parts of Maharashtra. Shahn Maharaj, the ruler of
Kolhapur moral support to Satya Shodhak Samaj. In its new incarnation party
carried on the work of superstition removal vigorously. Many times it degenerated
in hate sprouting against Brahmins as a caste.
Jyotirao firmly believed that if you want to create a new social system based on
freedom, equality, brotherhood, human dignity, economic justice and value devoid
of exploitation, you will have to overthrow the old, unequal and exploitative social
system and the values on which it is based. Knowing this well, Jyotirao attacked
blind faith and faith in what is given in religious books and the so-called god's
words. He tore to pieces the misleading myths that were ruling over the minds of
women, shudras and ati-shudras. Yielding to god or fate, astrology and other such
rituals, sacredness, god-men, etc. was deemed irrational and absurd. He also led
campaigns to remove the economic and social handicaps that bred blind faith
among women, shudras and ati-shudras. Jyotirao subjected religious texts and
religious behaviour to the tests of rationalism. He characterised this faith as
outwardly religious but in essence politically motivated movements. He accused
127
&
School of Law
them of upholding the teachings of religion and refusing to rationally analyse

religious teachings. He maintained that at the root of all calamities was the blind
faith that religious books were created or inspired by God. Therefore, Phule
wanted to abolish this blind faith in the first instance. All established religious and
priestly classes find this blind faith useful for their purposes and they try their best
to defend it. He questions " if there is only one God, who created the whole
mankind, why did he write the Vedas only in Sanskrit language despite his anxiety
for the welfare of the whole mankind? What about the welfare of those who do not
understand this language?" Phule concludes that it is untenable to say that religious
texts were God-created. To believe so is only ignorance and prejudice. All
religions and their religious texts are man-made and they represent the selfish
interest of the classes, which are trying to pursue and protect their selfish ends by
constructing such books. Phule was the only sociologist and humanist in his time
that could put forth such bold ideas. In his view, every religious book is a product
of its time and the truths it contains have no permanent and universal validity.
Again these texts can never be free from the prejudices and the selfishness of the
authors of such books. Phule believed in overthrowing the social system in which
man has been deliberately made dependent on others, illiterate, ignorant and poor,
with a view to exploiting him. To him blind faith eradication formed part of a
broad socioeconomic transformation. This was his strategy for ending exploitation
of human beings. Mere advice, education and alternative ways of living are not
enough, unless the economic framework of exploitation comes to an end.
Religion and Caste
The Indian society at Jyotiba's time, was deeply enmeshed in caste politics. The
debate continues to prevail whether the Brahmins of India are indigenous to the
land or they migrated from some other part of the world. Despite this, it can be
stated that the stratification of the society was based on caste. As such, Jyotirao
Phule could be classified as indigenous to the land. His akhandas were based on
the abhangs of Indian saint Tukaram (a Moray Shudra.)
He was a subscriber to Maharishi Vitthal Ramji Shinde's magazine, Dnyanodaya.[3]

(Maharishi Shinde was a member of the reformist Prarthana Samaj.)
128
&
School of Law
He did not like the casteist of Tamil Nadu using Lord Rama as a symbol of
oppression of Aryan conquest.[4]
Attack on the sanctity of Vedas
Jyotirao Phule's critique of the caste system began with his attack on the Vedas, the
most fundamental texts of forward-caste Hindus He considered Vedas as 'idle
fantasies' as 'palpably absurd legends'He considered Vedas a 'form of false
consciousness'.[5]
He believed that the true inhabitants of Bharat are the Astik.[6] He also believed
that the Brahmins were outsiders to Hinduism. This was also the view of
[Keshavarao Jedhe]].[7]
Social activism
He was assisted in his work by his wife, Savitribai Phule, and together they started
the second school for girls in India in 1848, for which he was forced to leave his
home. He initiated widow-remarriage and started a home for upper caste widows in
1854, as well as a home for new-born infants to prevent female infanticide. Phule
tried to eliminate the stigma of social Untouchability surrounding the lower castes
by opening his house and the use of his water-well to the members of the lower
castes.
He formed the Satya Shodhak Samaj (Society of Seekers of Truth) on 24

September 1873, a group whose main aim was to liberate the social Shudra and
Untouchables castes from exploitation and oppression.
Phule was a member of the Pune municipality from 1876 to 1882.
Connection with women activists
129
&
School of Law
Some of India's first modern feminists were closely associated with Phule,
including his wife Savitribai Phule; Pandita Ramabai, a Brahmin woman who
converted to Christianity. Panditia Ramabai who was leading advocate for the
rights and welfare for the women in India; Tarabai Shinde, the non-Brahmin author
of a fiery tract on gender inequality which was largely ignored at the time but has
recently become well-known; and Muktabai, a fourteen-year-old pupil in Phule's
school, whose essay on the social oppression of the Mang and Mahar castes is also
now famous.
The celebration of "Shiv Jayanti"(Birth day of Chhatrapati Shivaji Maharaj)for the

first time in India has been attributed to him. He also discovered the "Samadhi" of
Chhatrapati Shivaji Maharaj on Raigad Fort which had disappeared in creepers and
climbers. He wrote "Shivajicha powada" an epic poem.
Title of 'Mahatma'
According to D.J. Keer, Phule was bestowed with the unique title of 'Mahatma' on
11 May 1888 by another great social reformer from Mumbai, Rao Bahadur
Vithalrao Krishnaji Vandekar. As the history goes, Jyotirao Phule had completed
60 years of his age and 40 years of social service fighting for the rights of the
'bahujans'. To mark this achievement, it was decided by the bahujans and
satyashodhak leaders and workers to felicitate Jotirao Phule. Rao Bahadur
Vithalrao Krishnaji Vandekar, Narayan Meghaji Lokhande were in the forefront
for arranging this function. Rao Bahadur Vandekar and his fellow workers decided
to bestow the title of 'Mahatma' on Jotirao Phule for his dedicated service in the
cause of humanity. Sayajirao Maharaj of Baroda, who also was invited for this
function but could not attend. He had sent a message that Jotirao Phule be
bestowed with the title of ‘Hindustan's Booker T. Washington’. However, Rao
Bahadur Vithalrao Vandekar explained the reasons for bestowing the title of
'Mahatma' on Jotirao Phule justifying it to be apt for the great work and sacrifice of
Jotirao Phule for the downtrodden. On 11 May 1888, a function was arranged in
the meeting hall of ‘Mumbai Deshastha Maratha Dnyati-Dharma Sanstha’ at
Mandvi, Koliwada, Mumbai for felicitating Jotirao Phule. As the function began,
Rao Bahadur Vithalrao Krishnaji Vandekar explained in detail about the work and
130
&
School of Law
sacrifice of Jotirao Phule and his struggle for the rights of the downtrodden
bahujans. He then garlanded Jotirao Phule and declared that ‘we people present
here, with swasphurti, are bestowing the title of Mahatma upon Jotirao Phule!’.
Thus Jotirao Phule came to be known as Mahatma Jotirao Phule thereafter.
Legacy
• The full length statue inaugurated at the premises of Vidhan Bhavan

(Assembly Building of Maharasthra State), by the Chief Minister.
• The Crawford Market in Mumbai is officially named after him and is known
as Mahatma Jyotiba Phule Mandai.
• Mahatma Phule Museum, the Science and Technology museum in the city of
Pune was renamed in his honor in 1968
• Mahatma Phule Krishi Vidyapeeth in Rahuri, Ahmednagar District,
Maharastra.
• Mandai (Pune) officially known as Mahathma Phule Mandai is the biggest
vegetable market in Pune City, India.
• MAHATMA JYOTHIRAO PHULE ANDHRA PRADESH RESIDENTIAL
SCHOOLS - In the year of 2012 the govt of andhra pradesh renamed the ap
bc welfare residential schools in honor of Jyotiba Phule.
• The wholesale vegetable market in Nagpur, Maharashtra (India) is also
named after him.
• Subharti College of Physiotherapy was formerly named after him Jyotirao
Phule physiotherapy college.
Followers
Krantisurya Phule has many followers. Dr. Babasaheb Ambedkar, the first minister
of law of Republic India and the architect of Indian Constitution was inspired by
his noble work towards humanity. Noted independence fighter and Gandhian
Leader like Mukundrao Bhujbal Patil who is Ex. President of Bombay Pradesh
Congress Committee was the one who tried to bring the work done by Jyotirao
Phule, into a limelight. There are many followers of the work done by him, one
131
&
School of Law
among those is former Maharashtra Minister Chhagan Bhujbal who founded

Mahatma Phule Samata Parishad, an organisation that works for social uplifting of
Dalits and OBCs. and M.S.Chandramohan,writer,he is very much inspired by the
work done by Phule especially creating social education system. V.G.R Naragoni
is an OBC leader in andhra pradesh got inspired by Phule and followed him and
conduct deep research on Phule movements and wrote several books on Phule like
"Bahujana Vudhyama Radha Saradhulu. Vijay Tilekar(S.E.M.) a social worker &
follower of Jyotirao Phule Ex.President of Mahatma Phule CO-OP.Credit Society.
Mumbai Mahrashtra. Today entire family of Saini,Maurya,Shakya,Kushwah
consider Mahatma Jyotirao Phule as their 'Ideal' and are following his teachings.
*******
E.V. RAMASAMI NAICKER-PERIYAR
Born On: September 17, 1879 Born In: Erode, Coimbatore district, India Died On:
December 24, 1973 Career: Politician, Businessman, Social Activist Nationality:
Indian
E V Ramasamy, or Periyar as he is better known of, was one of the most inspiring
politicians and activists that India had ever seen. Having experienced vices such as
discrimination and exploitation at a very young age, Periyar had committed his life
to social work. He is best known for leading the movement for the creation of the
state of South India or Dravidasthan. E V Ramasamy fought for the establishment
of principles such as equality of castes and sexes, realization of fundamental rights
for women and an end to the exploitation of the non Brahmin Dravidians of South
India. Periyar was always against the Brahmins in the Tamil society, often making
controversial statements about them. He was also responsible for introducing
several changes in the Tamil alphabet and the language in general.
Early Life Erode Venkata Ramasamy was born on September 17, 1879 in the
small town of Erode in Coimbatore district of Madras Presidency. Periyar, as he
later came to be referred as, had one elder brother and two younger sisters. It was
132
&
School of Law
for his high thinking that E V Ramasamy came to be known as Periyar, which
translates to 'respected one' in the Tamil language. Periyar's father was a well
known businessman and he was thus raised in very wealthy surroundings. Periyar
attended school for only five years and joined his father's business when he was a
child of only 12 years. He was very small when E V Ramasamy understood that
there was no truth in mythological stories and religion. His visit to Kasi in the year
1904 left E V Ramasamy disillusioned towards Hinduism. It was in Kasi where he
saw that Brahmins were exploiting the other sects of society in the name of
religion, an anger which persisted till the days he was to begin the Dravidian
Movement. He remained an atheist for the rest of his life, always preaching the
futility of religion and warning people about priests and superstitions
Early Years In Politics Periyar joined the Indian National Congress in the year
1919, only to quit his post six years later in 1925 when he felt that the INC was not
a democratic organization, supporting only the Brahmins of the society. Before
joining the INC, Periyar had quit his father's business and all other service
positions that he was holding. As part of the Congress Party, E V Ramasamy
became the chairman of the Erode Municipality and fought extensively for the use
of khadi and the boycott of foreign cloth. He also spoke out vehemently against
untouchability. The British administration got him arrested in order to curb his
efforts. But not to be stopped by anything, Periyar took an active part in the Non
Cooperation Movement and the Temperance Movement in 1921-1922. After being
elected as the president of the Madras Presidency Congress Committee, Periyar
vehemently advocated for the reservation of the lower classes in education and
jobs, quitting his post three years later when his interests were not served. E V
Ramasamy was a strong believer in the policies of Mahatma Gandhi. Therefore, he
adopted the principle of Satyagraha in the town of Vaikom in Kerala, where Dalits
were so much discriminated against that they were not even allowed to visit the
streets close to temple areas. On April 14, 1924, Periyar and his wife Nagammai
came to Vaikom to organize the Satyagraha movement and although Gandhi
himself did not want the participation of non Keralites and non Hindus in his
struggle, Periyar nevertheless did not relent and continued fighting for peoples'
basic rights until Gandhi called off the movement
133
&
School of Law
Later Political Life In the year 1925 Periyar launched the Self Respect Movement.
This movement was started to allow the lower classes of the society gain the rights
that the privileged enjoyed. While most activists fought for independence from the
British, Periyar was more concerned about the establishment of equality in society.
Periyar said that even the non Brahmins have much to rejoice about because of
their Dravidian history. The Self Respect Movement also stood for doing away
with exploitation in the name of religion. Periyar was an atheist, and though he did
not have any problem with people practicing the religion of their choice, he
protested against meaningless customs and ceremonies associated with religion.
Periyar also advocated for widow remarriage, inter caste marriage and the end of
child marriage through the Self Respect Movement. A school that taught its
students the methods and usefulness of the Self Respect Movement was opened in
Erode, the birthplace of Periyar. E V Ramasamy remained actively associated with
the Self Respect Movement till 1929 after which he traveled extensively around
several countries across continents from 1929 to 1932 to educate himself in several
aspects of life and work. Periyar visited Russia, different countries of Europe and
Malaysia and studied the respective countries' histories and their system of
governance. Communism was rampant in different parts of the world during this
time and Periyar was sure that communism was the answer to the establishment of
a better government and society in India. Periyar returned to India in November
1932 with a completely different political ideology. In an effort to fight the concept
of discrimination through the division of castes, Periyar announced in the year
1929 that he would no longer use Naicker behind his name, his title from birth.
Anti Hindi Protest In the year 1937, Hindi was introduced as a compulsory
language in the state of Madras by newly elected Chief Minister Chakravarthi
Rajagopalachari. Several anti Hindi movements were launched in the state after
this announcement, with Periyar taking the lead in protests that started in the year
1938. Periyar coined the term 'Tamil Nadu for Tamilians' and was totally against
the concept of introducing the Hindi language in schools. He was of the opinion
that learning Hindi would destroy the Tamil culture, a reasoning that was
supported by several politicians in Tamil Nadu who followed Periyar's policy of
134
&
School of Law
'Tamil Nadu for Tamilians'. The anti Hindi protests launched after the language
was made compulsory in schools continued for a fairly long time and became a
primary issue in Tamil Nadu politics. When the government authorities did not
relent to mass demands, Periyar took the help of the Justice Party or the South
Indian Liberation Federation which had originally been formed in the year 1916 to
fight for equal rights for non Brahmins. With Periyar at the head of a party, the
Justice Party gradually acquired a lot of supporters, many of them students who
considered Hindi learning as a form of bondage. Periyar was also jailed in 1939 for
launching anti Hindi protests in Tamil Nadu. Periyar remained with the Justice
Party until 1944, but several conservative members of the party, especially the rich
and intellectual quit from their posts during his term.
The Dravidar Kazhagam During the last part of 1944, E V Ramasamy announced
that the Justice Party will henceforth be known as the Dravidar Kazhagam or the
Dravidian Association. With Periyar at its helm the Dravidar Kazhagam soon
became a popular political party, their chief aim being social reform work in the
form of elimination of Hindi and Brahmin culture from Tamil. Periyar thwarted all
religious farce and spoke out against the Brahmin priests. Periyar never forgot his
chief aim was to do away with untouchability of the Dalits or Harijans and
propagate the cause of women in society.
Rift between Periyar and Annadurai Conjeevaram Natarajan Annadurai, who was
the chief support of E V Ramasamy and also his staunch supporter until the year
1948, parted ways with the leader in the year 1949 forming a separate party called
the Dravida Munnetra Kazhagam or the Dravidian Advancement Association. The
chief reason for the split was the fact that while Periyar wanted a separate state of
Tamil Nadu, Annadurai had joined hands with the government in Delhi who had
promised more independence for Tamil Nadu. Periyar's methods of running his
party did not earn him or the other members of the party any political power or
money and this was the reason why several supporters gradually began to leave
him to join Annadurai. Moreover, Periyar's second marriage to Maniammai, a
woman forty years his junior was enough reason to drive away the remaining
supporters of Dravidar Kazhagam. However, it is important to mention here that
135
&
School of Law
though Annadurai had split from his mentor Periyar, his newly formed DMK
continued to preach the supremacy of the Tamil language when compared to Hindi
and Sanskrit.
Controversies Periyar's journey in Tamil politics was full of controversies and

arrests. While his non cooperation and satyagraha movements landed Periyar in
prison a number of times, the fact that he burnt the effigy of Lord Rama in order to
show his hatred for the Hindi language also got him arrested. Periyar tried his best
to undermine the Brahmins and Hindus by attacking their beliefs and customs in
public. His speeches and teachings were always dedicated to the downtrodden in
the society and it was for them that he continued to fight till the end of his life.
However his policies fell under a bad light and invited the wrath of many a critic
and intellectual when Periyar famously commented that the Christians and
Muslims residing in Tamil Nadu should not even be counted as Tamils!
Personal Life E V Ramasamy married Nagammai in the year 1898, when he was
only 19 years old. The couple was blessed with a daughter, who unfortunately
could not live longer and died just five months after her birth. In the year 1933,
Periyar met with another setback in his personal life as his wife, Nagammai also
left for the heavenly abody. Later, in 1948, Periyar married for the second time in
the month of July.
Death Periyar breathed his last on December 24, 1973. Periyar's legacy was carried
forward by his second wife Maniyammai, who was appointed the leader of the
Dravidar Kazhagam after his death and continued his policy of protests against all
things Hindu and standing by the social minority. A film made on the life of E V
Ramasamy by Gnana Rajasekaran was released both in national and international
film festivals in May 2007.
*****
LIBERALIZATION &GLOBALIZATION
136
&
School of Law
Although, the concepts of liberalization and globalization are closely related with
each other as both are referred to the relaxation of social, economic and political
policies so as to promote integration in different countries around the world.
However, if you look more precisely, there are still few differences between the
two terms.
Liberalization refers to the process of removal of the restrictions which mainly

include the government policies which are imposed on the economic, political and
social matters of the state. On the other hand, globalization refers to the process of
integration among different nations around the world so as to attain social,
economical and political advantages.
Liberalization
It refers to the eradication of the limitations imposed by the government policies on

the economical, social and political matters so as to promote integration amongst
different processes within the state. Liberalization can be related to the society,
politics, economics, capital markets or trades. Social liberalization can be referred
to the abolition of the laws which hindered the social justice in a country. Trade
liberalization may be referred to the removal of the trade policies due to which the
people cannot import or export freely. Meanwhile, economic liberalization can be
related to the promotion of privatization in the country and to remove the
restrictions on economic activities. Similarly, the capital market liberalization may
include reduction of limitations on the debt and equity markets in the financial
system of the state.
Globalization
It can be defined as a process of promoting integration amongst different countries

so that they can attain social, economical and political benefits from each other.
The globalization has provided many opportunities to the individuals and
137
&
School of Law
businesses to seek and explore more and more options. With the help of
globalization, businesses can avail better options for expansion and the consumers
can search for better products and services at competitive prices.
Furthermore, it has provided many employment opportunities to the individuals in

the less developed countries. For instance, when a multinational company opens its
office or offices in under developed countries and build factories, it helps in
employment creation at all levels as it requires executives, officers and labors run
their business. However, some companies are also facing problems with managing
their workforce diversity because of globalization. Nonetheless, the advantages of
globalization have far superseded its disadvantages.
Impact of liberalization on Indian Society:
It should be noted that food (Agriculture), Health and education (and to lesser
extent banking) are among basic necessities, which every human being deserves
and can’t do without. Unfortunately, in developing countries there is market failure
in all these sectors and majority of people can’t afford beyond a certain limit (or
can’t afford at all). Concept of free markets, globalization, liberalization etc. fails
here miserably. Free markets provide goods and services to people who can afford
paying for them, not to those who deserve and need these.
Now if we consider these sectors from angle of our inclination towards free
markets, certainly there has been lot of progress. There has been world class
education available in India and Deregulation has resulted in Mushrooming of
private engineering and Medical Colleges. But in reality, this had far reaching
devastating effect on society.
138
&
School of Law
These new colleges accommodate only a miniscule proportion of aspirants at very

high costs. Recently, an Independent organization ‘Transparency International’
came out with report claiming that India’s medical system is most corrupt in the
world. This was no surprise, we all know from where it starts. High fees of
education forces many aspirants to take educational loans from banks. After
qualifying job market is unable to absorb majority of them. Practice turns out to be
option of last resort. Now to make a decent living and to pay back the loans person
is lured by corruption. Consequently, when many similar cases are put together, we
get a corrupt system, economy and society.
Reality is that after deregulation and liberalization, government along with other
sectors, pulled its hand from social sectors too. Now there is Mediocre to high
quality options are available in private sector which can be availed as per one’s
budget. In public Sector Less than Mediocre to Mediocre options are available.
This leaves huge proportion of aspiring students and expecting patients.
On Social front India’s performance is deplored all over the world and it is
probably behind all important developing economies. This lacuna has been
recognized and government has taken the charge. In case of education almost
universal enrollments has been achieved upto primary level and now impetus
should be on improving quality, so that student of public schools comes at par with
atleast average private ones
Socio-Cultural Impact on Indian Society
1) Access to education – On one hand globalisation has aided in the explosion of

information on the web that has helped in greater awareness among people. It has
also led to greater need for specialisation and promotion of higher education in the
country. On the flip side the advent of private education, coaching classes and paid
study material has created a gap between the haves and have-nots. It has become
increasingly difficult for an individual to obtain higher education.
139
&
School of Law
2) Growth of cities – It has been estimated that by 2050 more than 50% of
Indiaâ€™s population will live in cities. The boom of services sector and city
centric job creation has led to increasing rural to urban migration.
3) Nuclear Families – The increasing migration coupled with financial

independence has led to the breaking of joint families into nuclear ones. The
western influence of individualism has led to an aspirational generation of youth.
Concepts of national identity, and of family, job and tradition are changing rapidly
and significantly.
4) Old Age Vulnerability – The rise of nuclear families has reduced the social
security that the joint family provided. This has led to greater economic, health and
emotional vulnerability of old age individuals.
5) Â Pervasive Media – There is greater access to news, music, movies, videos

from around the world. Foreign media houses have increased their presence in
India. India is part of the global launch of Hollywood movies which is very well
received here. It has a psychological, social and cultural influence on our society.
6) McDonaldization – A term denoting the increasing rationalization of the routine

tasks of everyday life. Â It becomes manifested when a culture adopts the
characteristics of a fast-food restaurant. McDonaldization is a reconceptualization
of rationalization, or moving from traditional to rational modes of thought, and
scientific management.
7) Walmartization – A term referring to profound transformations in regional and

global economies through the sheer size, influence, and power of the big-box
department store Wal-Mart. It can be seen with the rise of big businesses which
have nearly killed the small traditional businesses in our society.
Psychological Impact on Indian Society
3) Development of Bicultural Identity – The first is the development of a

bicultural identity or perhaps a hybrid identity, which means that part of
140
&
School of Law
oneâ€™s identity is rooted in the local culture while another part stems from
an awareness of oneâ€™s relation to the global
4) world. Â The development of global identities is no longer just a part of
immigrants and ethnic minorities. Â People today especially the young
develop an identity that gives them a sense of belonging to a worldwide
culture, which includes an awareness of events, practices, styles and
information that are a part of the global culture. Â Media such as television
and especially the Internet, which allows for instant communication with any
place in the world, play an important part in developing a global identity.
A good example of bicultural identity is among the educated youth in India who
despite being integrated into the global fast paced technological world, may
continue to have deep rooted traditional Indian values with respect to their personal
lives and choices such as preference for an arranged marriage, caring for parents in
their old age.
2) Growth of Self-Selected Culture – means people choose to form groups with

like-minded persons who wish to have an identity that is untainted by the global
culture and its values. The values of the global culture, which are based on
individualism, free market economics, and democracy and include freedom, of
choice, individual rights, openness to change, and tolerance of differences are part
of â€œwestern values.â€• Â For most people worldwide, what the global culture
has to offer is appealing. Â One of the most vehement criticisms of globalization is
that it threatens to create one homogeneous worldwide culture in which all children
grow up wanting to be like the latest pop music star, eat Big Macs, vacation at
Disney World, and wear blue jeans, and Nikes.
3) Emerging Adulthood – The timing of transitions to adult roles such as work,

marriage and parenthood are occurring at later stages in most parts of the world as
the need for preparing for jobs in an economy that is highly technological and
information based is slowly extending from the late teens to the mid-twenties.
Â Additionally, as the traditional hierarchies of authority weaken and break down
under the pressure of globalization, the youth are forced to develop control over
141
&
School of Law
their own lives including marriage and parenthood. The spread of emerging
adulthood is related to issues of identity.
4) Consumerism – Consumerism has permeated and changed the fabric of

contemporary Indian society.Western fashions are coming to India: the traditional
Indian dress is increasingly being displaced by western dresses especially in urban
areas. Â Indian MTV, soap television, and films set a stage for patterns of
behavior, dress codes and jargon. Â There is a changing need to consume more and
more of everything.
Globalisation is an age old phenomenon which has been taking place for centuries
now. We can experience it so profoundly these days because of its increased pace.
The penetration of technology and new economic structures are leading to an
increased interaction between people. As with other things there have been both
positive and negative impacts on India due to it.
MOERNIZATION
Modernisation is the transformation of society through the development of

industry and technology, accompanied by far-reaching political and social
changes.
A key feature of a modern society is its application of scientific knowledge to the

production of goods and services, with an emphasis on maximising efficiency.
Modernisation affects all of society, including the economic, political and social
systems. In the economic sphere, modernisation takes the form of industrialisation.
Secularisation is necessary for the rise and maintenance of any modern society.
142
&
School of Law
An orientation towards knowledge, technology and economy is basic to modern

civilisation.
The three drivers of modernity are:

1. Experimental science
2. Scientific technology
3. Production-oriented economy
The economy ceases to be oriented mainly towards consumption and comes to

place its main emphasis on production as its goal. This involves a shift towards
production for further production, that is, capital investment.
The process of modernisation is a kind of permanent revolution, without any final

goal. One can distinguish various phases of modernity, with the contemporary
scene even offering glimpses of a "post-modern" one.
The superiority or desirability of modernity remains an open question.
Indian said: f you are concerned about such lofty things as "the purpose of life"
then you don't have to worry about modernity.
Modernity matters if you care about more mundane things like:

1. removing poverty, illiteracy, hunger and disease
2. making your country a superpower.
POST MODERNIZATION
To write about some preliminary sense of the meaning of post-modernization it is

useful to indentify the family of terms derived from the “Post modern” and these
143
&
School of Law
can be best understood by contrasting them to those which derive from the
modern:-
Modern - Postmodern; Modernity – Postmodernity; Modernite – Postmodernite;

Modernization – Postmodernization; and Modernism – Postmodernism.
If the modern and post modern are generic terms it is immediately apparent that the
prefix ‘post’ signifies that which comes after, a break or rupture with the modern
which defined in counter distinction to it. Yet the term ‘postmodernization’ is more
strongly based on a negation of the modern, a perceived process of abandonment,
break with or shift away from the definitive feature of the ‘modernization’ with
emphasis firmly on the sense of the rational process of move away. We are only on
the threshold of the alleged shift and not in a position to regard the ‘postmodern’ a
fully fledged positivity which can be defined comprehensively in its own right.
Bearing in this in mind we can tke a closure look at the pairing “Modernization and
Post Modernization”.
On the face of it, both terms seem to sit unhappy amidst discussion of modernity-
postmodernity, modernism – postmodernism. Modernization has been regularly
used in the sociology of development to point to the effects of economic
development on traditional social structures and values. Modernization theory is
also used to refer to the stages of social development which are based upon
industrialization, the growth of science and technology, the modern nation state,
the capitalist world market, urbanization and other infrastructural elements ( In this
usage it has strong affinities with the first sense of modernity). It is generally
assumed, via loose base-superstructure model that certain cultural changes
(secularization and the emergence of modern identity which centres around self
development) with result from the modernization process. If we turn to post
modernization it is clear that a concomitant detailed outline of specific social
processes and institutional changes has yet to to be theorized. All we have is the
144
&
School of Law
possibility of deriving the term from those usages of postmodernity which refer to
a new social order and epochal shift. For example, Baudrillard’s (1983) depiction
of postmodern simulational world is based upon the assumption that the
development of commodity production coupled with information technology have
led to the “triumph of signifying culture” which then reverses the direction of
determinism, so that social relations become saturated with shifting cultural signs
to the extent that we can no longer speak of class or normaltivity and are faced by
“the end of social”. Baudrillard however,does not use the term postmodernization.
The term “postmodernization” does, however, have the merit of suggesting a

process with degrees of implementation rather than a fully fledged new social
order or totality. One significant context for the utilization of the term
postmodernization is the field of urban studies exemplified in the contributions
Philip Cooke and Sharon Zukin, For Cooke. For Cooke,post modernization is an
ideology and set of practices with spatial effects which have been notable in the
British economy since 1976. Zukin also wants to use postmodernization to focus
on the restructuring of socio-spatial relations by new patterns of investment and
production in industry, services, labout markets and telecommunication.
Postmodernization is a dynamic process comparable to modernization. It is not
regarded as pointing to a new stage of society, for it is held to take place within
capitalism.
Zukin and Cooke, both share the merit of focusing on processes of production as
well as consumption and the spatial dimension of particular cultural practices (the
redevelopment of downtowns and waterfronts development of urban artistic and
cultural centres and the growth of the service class and gentrification)which
accompany them.
Distinction Between Modernity and Post Modernity
145
&
School of Law
Modernity Post-modernity
Facts and truth are created by
Facts, observation and logic
assumptions
Reject absolute truth - point out

Trust absolute truth
assumptions
Spiritual pluralism - all religions
Biblical Monotheism - One absolute
require assumptive reasoning and are
truth
therefore equal
Relationship with reality by Relationship with the group that
attempting to discern the absolutes benefits you the most
Faith doctrines of absolutism: base

Moral relativism: base beliefs, values
beliefs, values and hope on a revealed
and hope on agreed upon doctrine
doctrine
Objective knowledge (religious, Seeks objective knowledge and

mathematical, historical record, etc.) reworks doctrines to include or ignore
that support absolutist doctrine said knowledge
Follow Biblical or cultural standards Create your own standards and

which are considered inherently values: society should grant as much
correct right to this as possible
Sexual guidelines and boundaries Humans free to choose their own

fixed by absolutist doctrine sexuality and identity.
Judge right and wrong by absolute No right or wrong lifestyles except

standards those agreed upon
Hard scientific or religious Radical science (chaos theory,

perspective favored shrodinger’s cat) and transcendent,
146
&
School of Law
mysterious spirituality favored
Emphasize creed or logical Emphasize story, personal discovery,

proposition journey...
Desires to see all embrace the Celebrates a diversity of post-modern

absolutist doctrine spirituality.
Biblical truth irrelevant (dismiss
Biblical evangelism makes sense whatever doesn’t feel compatible with
personal journey)
Contact with "other gods" forbidden. Other gods and culture produce
and promised personal peace and ultimate peace and oneness to their
oneness through Christ alone. believers.
******
FORDISM
Fordism is a notion of modern economic and social system based on an

individualized and standardized form of mass production. The concept is used in
various social theories and management studies about production and related
socio-economic phenomena.
Fordism is “the eponymous manufacturing system designed to spew out

standardized, low cost goods and afford its workers decent enough wages to buy
them.”
Fordism is described as a model economic expansion and technological progress

based on mass production of the manufacture of standardized products in huge
volumes using special purpose machinery and unskilled labour.
147
&
School of Law
Although Fordism was a method used to improve productivity in the automotive

industry, this principle could be applied to any kind of manufacturing process.
Major success stemmed from three major principles:-
4. The standardization of the product (nothing hand made everything is made
through machines, molds and not by skilled craftsmanship.
5. The use of special purpose, tools and or equipment designed to make
assembly lines possible, tools are designed to permit workers with low skill
levels to operate “assembly lines” where each worker does one task over and
over and over again – like on a doll assembly line, where one worker might
spend all day everyday screwing on doll-heads.
6. Workers are paid higher “living” wage, so that they can afford to purchase
rthe product they make.
These principles coupled with a technological revolution during Henry Ford’s time
allowed for this revolutionary form of labour to flourish. It is true that his
assembly line was revolutionary, but it was in no way original. His most original
contribution to the modern world was his breaking down of complex tasks into
simpler ones with the help of specialized tools. Simpler tasks would consist of
making interchangeable parts that would be the same every time. This allowed for
a very adaptable flexibility allowing the assembly line to change its components
whenever the product being assembled, changed enough to warrant a change in
tools. In reality the assembly line had already been around before Ford, but not in
quite the same effectiveness as Ford would create. His real accomplishment was
recognizing the potential, breaking it all down into its components only to build it
back up again in a more effective and productive combination, therefore to produce
an optimum method for the real world. The major advantages of such a change was
that it cut down on the manpower necessary for the factory to operate, not to
mention that it de-skilled the labour itself, cutting down on costs of production.
Historian Thomas Hughes has detailed the way in which the Soviet Union in the
1920s and 1930s enthusiastically embraced Fordism and Taylorism. He quotes
Joseph Stalin, “American efficiency is that indomitable force which neither knows
148
&
School of Law
nor recognizes obstacles; which continues on a task once started until it is finished,
even if it is a minor task, and without which serious constructive work is
conceivable …The combination of the Russian revolutionary sweep with American
efficiency is the essence of Leninism.”
Fordism is a tag used to characterize the post 1945 long boom experienced by
western nations. Fordism as a Regime of Capital Accumulation broke down,
dependent on national experiences, somewhere between the late 1960s and the mid
1970s. Western economies experienced slow or nil economic growth, rising
inflation and growing unemployment, much of this as a result of 1973 oil shock.
Post Fordism : The period after Fordism has been termed Post Fordist and Neo
Fordist. The Post Fordist implies that global Capitalism has made a clean break
from Fordism (including overcoming its inconsistencies), whilst the Neo Fordist
implies that the elements of the Fordist Regimes of Capital Accumulation
continued to exist. The Regulation School preferred the term “After Fordism” to
denore that what comes after fordism was, or is, not yet clear.
In Post Fordism Economies:-

(6) New Information Technologies are important.
(7) Products are marketed to Niche Markets rather than in mass consumption
patterns based on social class.
(8) 3Service industries predominate over manufacturing.
(9) Financial Markets are globalized.
(10) The work force is feminized.
In 1914, Henry Ford sponsored the development of the moving assembly line
technique of mass production. Half of the all cars in America in 1918 were model
T. Simple to drive and cheap to repair.
Henry Ford was a very talented boy since his childhood. When he was only 13
years of age his father gifted him a Pocket Watch. Young boy promptly took apart
and assembled it again. His friends and neighbor requested him that he fix their
149
&
School of Law
time pieces too. By the age of 16 years he was able to successfully operate and
service steam engine.
Some thoughts of Henry Ford may be mentioned as below:-

9. There is one rule for the Industrialists and that is make the best quality of
goods possible at the lowest cost possible, paying the highest wages
possible.
10.Don’t find fault find a remedy.
11.Anyone who stops leaning is old, whether at twenty or eighty. Anyone who
keeps learning stays young.
12.Thinking is the hardest work there is which is probably the reason so few
engage in it.
13.There is no man living who isn’t capable of doing more he thinks he can do.
14.Quality means doing right when no one is looking.
15.To do more for the world than the world does for you – that is success.
16.A successful man is one who can lay a firm foundation with the bricks the
other throw at him.
Henry Ford was a relentless technological innovator, based on his commitment to
creating “the best possible goods, at the lowest possible price.” He focused on
making ongoing changes in design and production that would drive down costs
while improving the product.
Model T in 1908, inaugural Model’s cost was $825 by 1916 he had reduced the
cost more than half i.e. $360 – while increasing safety, reliability and speed. At
one point ( by 1918) over half the families in America owned a Ford Motor Car.
More than any other individual Henry Ford – made America a nation of “Car
Owners”.
*****
150
&
School of Law
What Is McDonaldization?
Four Main Principles of McDonaldization :

Calculability Predictability Control
Efficiency
Overview
McDonaldization is the term invented by George Ritzer to describe a

sociological phenomenom that is happening in our society. You may think it
started with Ray Kroc in the 1950's when he bought his first hamburger
restaurant, but it's origins were actually much earlier than that. In fact, Henry
Ford was the first McDonaldization pioneer with his vision of an assembly line
for improving the production of automobiles. His revolutionary idea
dramatically changed how many automobiles could be produced and was very
efficient.
In essence, McDonaldization is the process of rationalization, albiet taken to

extreme levels. Rationalization is a sociological term that simply means the
substitution of logically consistent rules for traditional (or illogical) rules. One
of the fundamental aspects of McDonaldization is that almost any task can
(and should) be rationalized.
The process of McDonaldization takes a task and breaks it down into smaller
tasks. This is repeated until all tasks have been broken down to the smallest
possible level. The resulting tasks are then rationalized to find the single most
efficient method for completing each task. All other methods are then deemed
inefficient and discarded.
The result is an efficient, logical sequence of methods that can be completed

the same way every time to produce the desired outcome. The outcome is
predictable. All aspects of the process are easily controlled. Additionally,
151
&
School of Law
quantity (or calculability) becomes the measurement of good performance.
By now, you might be thinking that this all sounds pretty good. After all, being
more efficient is a good thing. Controlled, consistent and measurable outcomes
also sound good. So, what's the problem?
It turns out that over-rationalizing a process in this manner has an unexpected

side effect. It's called irrationality. In a sociological context that simply means
that a rationalized system may result in events or outcomes that were neither
anticipated or desired, and in fact, may not be so good.
Take the example of the McDonald's chain of restaurants. Where is the

irrationality? The premise of fast food often turns out to be just the opposite -
long waits in lines. Fast food is not necessarily good food - in fact, McDonald's
food is extremely unhealthy and the taste is average and bland. The system of
efficiently producing and distributing their food has some other consequences,
namely millions of tons of trash each year (disposability) and a food
cultivation system of questionable ethics.
According to Ritzer, the four main dimensions of McDonaldization are:
• Efficiency - The optimum method of completing a task. The rational

determination of the best mode of production. Individuality is not
allowed.
• Calculability - Assessment of outcomes based on quantifiable rather
than subjective criteria. In other words, quantity over quality. They sell
the Big Mac, not the Good Mac.
• Predictability - The production process is organized to guarantee
uniformity of product and standardized outcomes. All shopping malls
begin to look the same and all highway exits have the same assortment
of businesses.
• Control - The substitution of more predictable non-human labor for
human labor, either through automation or the deskilling of the work
152
&
School of Law
force.
There are other dimensions of McDonaldization that Ritzer didn't include with
the main four, but are worthy enough for prime attention. They are:
• Irrationality - A side effect of over-rationalized systems. Ritzer himself

hints that this is the fifth dimension of McDonaldization. An example of
this could be workers on an assembly line that are hired and trained to
perform a single highly rationalized task. Although this may be a very
efficient method of operating a business, an irrationality that is spawned
can be worker burnout.
• Deskilling - A work force with the minimum abilities possible to
complete simple focused tasks. This means that they can be quickly and
cheaply trained and are easily replaceable.
• Consumer Workers - One of the sneakiest things about McDonaldization
is how consumers get tricked into becoming unpaid employees. They do
the work that was traditionally performed by the company. The prime
example of this is diners who bus their own tables at the fast food
restaurant. They dutifully carry their trash to friendly receptacles marked
"thank you." (The extreme rationalization of this is the drive-thru;
consumers take their trash with them!) Other examples are many and
include: ATM's, salad bars, automated telephone menus, and pumping
gas.
******
153
&
School of Law
UNIT-4
FORMAL AND INFORMAL SOCIAL CONTROL
Social control can be considered as an important aspect of an individual's

socialization process. There are some universal norms or rules which should be
followed by members of all societies. Any deviation from these norms may result
in a minimum level of punishment for ensuring the social order. It refers to the
processes of regulation of an individual or group behavior in a society, which
encourages conformity and obedience. It may include social or political
mechanisms. Its two forms are formal and informal controls.
Formal Social Control:

Formal social control is implemented by authorized agents including police
officers, employers, military officers, and others. It is carried out as a last option at
some places when the desired behavior is not possible through informal social
control. The situations and severity where formal control is practiced varies with
countries.
This is practiced through law as statutes, rules, and regulations against deviant
social behavior. For example, certain laws like prohibition of murder can be
directed at all members of a society. Fishing and hunting regulations are made for
certain groups. Corporate laws are laid for governing the behavior of social
institutions. Formal control is conducted by government and organizations through
law enforcement mechanisms. It can also be conducted through some formal
sanctions including fines and imprisonment. Processes of formal control in
democratic societies are determined and designed through legislation by elected
representatives.
Courts or judges, military officers, police officers, school systems or teachers, and
government agencies or bureaucrats, enforce formal control.
154
&
School of Law
Informal Social Control:

It is exercised by a society without stating any rules or laws. It is expressed
through norms and customs. Social control is performed by informal agents on
their own in an unofficial capacity. Traditional societies mostly embed informal
social control culture to establish social order.
Shame, sarcasm, criticism, ridicule and disapproval are some of the informal
sanctions. Social discrimination and exclusion are included in informal control at
extreme deviant cases. Self-identity, self-worth and self-esteem are affected in
informal control through loss of group approval or membership. The severity and
nature of informal control mechanisms differ from varied individuals, groups, and
societies.
Informal is effective in small group settings including friends, family,

neighborhood, work group and others. However, in some large and complex
societies, informal social control and disapproval is ignored easily. At such
situations, it is necessary to follow the formal one.
Some of the differences of formal and informal social control are:
•Formal social control includes written, formalized and codified statements in

laws, rules, and regulations. Whereas informal control does not contain any written
rules.
•Formal control agencies are authorized ones created by government and informal
control agencies are created by social networks and organizations but not by
government.
155
&
School of Law
•Formal control is much effective and stronger than informal social control. Any
situations which cannot be handled by informal control are subjected to formal
one.
•Formal control is effective for even large groups of population but informal
control is effective only for a small group of people.
Social control, formal or informal, thus helps in regulation of societ

1. Folkways:
Folkways are the recognized modes of behaviour which arise automatically within
a group. They are the behaviour patterns of everyday life which arise
spontaneously and unconsciously in a group. They are in general the habits of the
individuals and are common to a group. They are socially approved. They have
some degree of traditional sanction. It is not easy for the members of a group to
violate the folkways.
They are the foundation of group culture. If an individual does not follow them he
may be socially boycotted by his group. A particular dress must be worn at a
particular function. The Brahmins shall not take meat. The Jains should not take
curd. The Hindu women should not smoke. Since folkways become a matter of
habit, therefore, these are followed unconsciously and exercise powerful influence
over man’s behaviour in society.
2. Mores:
Mores are those folkways which are considered by the group to be of great
significance, rather indispensable to its welfare. The mores relate to the
fundamental needs of society more directly than do the folkways. They express the
group sense of what is right and conducive to social welfare.
They imply a value judgment about the folkways. Mores are always moulding
human behaviour. They restrain an individual from doing acts considered as wrong
by his group. They are the
156
&
School of Law
instruments of control. In society there are innumerable mores like monogamy,

prohibition, endogamy, anti-slavery etc. Conformity to mores is regarded
necessary.
It is essential for the members of the group to conform to them. Behaviour contrary
to them is not permitted by society. Certain mores may even be harmful for the
physical well being of an individual, yet these must be obeyed. Thus, mores
control man’s behaviour in society to a very great extent.
3. Customs:
Customs are the long established habits and usages of the people. They are those
folkways and mores which have persisted for a very long time and have passed
down from one generation to another. They arise spontaneously and gradually.
There is no constituted authority to declare them, to apply them or to safeguard
them. They are accepted by society. They are followed because they have been
followed in the past.
The importance of customs as a means of social control cannot be minimised. They

are so powerful that no one can escape their range. They regulate social life to a
great extent. They bind men together. They control the purely selfish impulses.
They compel the individual to conform to the accepted standards. They are held so
sacred that any violation of them is regarded not only a crime but also a sacrilege.
In primitive societies customs were powerful means of social control but in
modern times their force has loosened includes disciplines of sociology,
anthropology, psychology, law and political science.
157
&
School of Law
Law: an agency of Social Control
Law is the most important formal means of social control. Early societies depended
upon informal means of social control but when societies grew in size and
complexity they were compelled to formulate rules and regulations which define
the required types of behavior and specify the penalties to be imposed upon those
who violate them. Law is a body of rules enacted by legally authorized bodies and
enforced by authorized agencies.
It defines clearly rights, duties as well as the punishments for their violation. The
modern societies are large in size. Their structure is complex consisting of a
number of groups, organizations, institutions and vested interests. Informal means
of social control are no longer sufficient to maintain social order and harmony.
Perforce modern societies had to resort to formal means of social control.
In modern society relationships are of a secondary nature. Security of life and

property, as well as the systematic ordering of relationships make formalization of
rules necessary. Law prescribes
uniform norms and penalties throughout a social system. The body of law in every
state is being increased. What was in mores and customs earlier has now been
formalized into a body of law.
The Hindu Marriage Act, 1955 has laid down the rules regulating the marriage
among Hindus. It has recognized the right of a Hindu woman to divorce her
husband. A number of laws have been enacted governing food handling, fire
protection, sewage disposal, traffic, sex regulation, entertainment and education
etc. Law prohibits certain actions, for example, Anti-untouchability Act prohibits
untouchability in any form and a person practicing untouchability is liable to
punishment.
158
&
School of Law
Prohibition Act forbids drinking at public places. Smoking in cinema halls is

prohibited under law. A uniform civil code if and when enacted may remove the
social barriers in the Indian society. In this way, law exercises a powerful influence
upon the behavior of people in modern societies. Today law takes an ever larger
part in total social control.
MEDIA AS AN AGENT OF SOCIAL CONTROL:
The media is an agent for social control. We have been set the test to discuss “the
media is an agent for social control”. To help me understanding of the various
theories and concepts I will focus on the following areas: what an ideology is; the
relationship between ideology, society and power; what are dominant ideology;
how ideologies are spread through society via the media and explain Marxist and
Pluralist (functionalist) theories on ideology. Ideology means a set of ideas typical
of a social or political group (usually partial or selective). An ideology is a world
view, a system of values, attitudes and beliefs which an individual, group or
society holds to be true or important; these are shared by a culture or society about
how that society should function. It is often replaced with ‘values’ when we talk
about our own ideas. ‘Ideologies’ is frequently used to describe the fringe or
extreme ideas of others. The relationship of these ideas or values to the way power
is distributed socially. The way values and meanings are posed as natural and
obvious, rather than socially aligned, people either working with or against the
power. Feudalism based on the land, the poor had duties towards landowners.
Ideologically justified by the world view that God made the earth and everything
had its divinely designed place and position. Capitalism is a competitive social
system, it start from private ownership of accumulated wealth, the exploitation of
labor to produce profit, then the owners become wealthier. Marxism ideas were
seen as being systematically linked to social power. In Marxist theory, the
dominant ideology is the set of values and beliefs shared by the majority of the
people in a given society; the dominant ideology frames how the majority of the
population think about society, and so serves the interests of the ruling class. The
theory is summarized in the slogan: The dominant ideology is the ideology of the
dominant class. Ideologies that are told to us repeatedly by important social
159
&
School of Law
institutions such as the church, the law, education, government, and the media are
called dominant ideologies. Dominant ideologies are ideologies or beliefs that we
live by in our day-to-day lives and often do not question – they have become
'natural, common sense' things to do. This effectively dissuades people from
rebelling against these beliefs, and keeps a sense of stability in society. Dominant
ideologies include beliefs about gender roles, about the
economy, about social institutions. Marxism is an economic and sociopolitical

worldview and method of socioeconomic inquiry centered upon a materialist
interpretation of history, a
dialectical view of social change, and an analysis–critique of the development of
capitalism. In the early-to-mid 19th century, the intellectual development of
Marxism was pioneered by two German philosophers, Karl Marx and Friedrich
Engels. As an ideology, Marxism encompasses an economic theory, a sociological
theory, and a revolutionary view of social change. In the Marxist economic base
and superstructure model of society, base denotes the relations of production, and
superstructure denotes the dominant ideology (religious, legal, political systems).
The economic base of production determines the political superstructure of a
society. Ruling class-interests determine the superstructure and the nature of the
justifying ideology—actions feasible because the ruling class control the means of
production. For example, in a feudal mode of production, religious ideology is the
most prominent aspect of the superstructure, while in capitalist formations,
ideologies such as liberalism and social democracy dominate. Hence the great
importance of the ideology justifying a society; it politically confuses the alienated
groups of society via false consciousness, such as in the case of commodity
fetishism—the belief that value is inherent to a commodity, rather than external,
added to it via labor. The ruling class affect their social reproduction by the
dominant ideology's representing—to every social-economic class—that the
economic interests of the ruling class are the economic interests of the entire
society. Pluralism is used, often in different ways, across a wide range of topics to
denote a diversity of views, and stands in opposition to one single approach or
160
&
School of Law
method of interpretation. The main aspects of the Pluralist theory of the Mass
Media are as follows: Societies such as the UK. are reasonably democratic;
Political power in these societies is divided among a wide variety of political
parties and pressure groups; The citizens can exercise power in their own right in
various ways; There are disputes from time to time but they can be resolved via
existing political institutions. There is certainly no need for radical political change
to resolve our problems; The State is neutral. It does not systematically favour
some groups at the expense of others but aims to take all decisions in the national
interest; Within this overall framework, the Mass Media make important
contributions to the maintenance of democracy; The Press is privately owned and
relatively free of State control so that there is far more freedom of the Press to
criticise government than was the case in former Communist societies, for
example; The Broadcast Media also have considerable independence. Censorship
is occasionally necessary but is kept within limits; Government is subjected to
regular criticism from investigative reporters and combative TV. and radio
interviewers who do their best to keep the public informed; It is admitted that the
Press, overall, is pro- Conservative but the Tory Press is sometimes very critical of
Tory governments and there are also well established Labor and Liberal papers;
The national Press do reflect a rather moderate spectrum of political opinion but
they are merely reflecting public opinion, not creating it; There are, in any case,
more radical newspapers to appeal to the more radical minority; Individuals can
make their own views known via letter writing, phone ins and open door
programmes. In principle, they can set up their own newspapers although this is
obviously expensive; With regard to Press bias, it is claimed that readers recognize
this and discount it. They rely for their political news more on TV. and radio which
are largely bound to be politically unbiased; Pluralists do criticize the Mass Media
but not fundamentally. Media texts always reflect certain values or ideologies
though sometimes we may
not be aware of this. The media is a successful carrier of ideology because it

reaches such a huge audience. The study of the media allows us to consider and
161
&
School of Law
question dominant ideologies and look for the implications of different ideology
and value systems. When studying a media text you may look for the dominant
ideology present and question whose world view is represented and which group(s)
and their associated world view(s) have not been represented. Some studies of the
media concentrate on viewing texts from particular ideological perspectives, for
example a feminist perspective. Media has been used by both governments and
ordinary people to dehumanize so called the other of the world and enemies during
wartime and even in peace time.
PUBLIC OPINION AS AN AGENCY OF SOCIAL CONTROL:
Public Opinion is an important agency of social control. As K. Young has said,

“Public Opinion consists of the opinion held by a public at a certain time “.
According to V. V. Akolkar, “Public opinion simply refers to that mass of ideas
which people have to express on a given issue”. Public opinion may be said to be
the collective opinion of majority of members of a group.Public opinion is of great
significance especially undemocratic societies. Through public opinion the
knowledge of the needs, ideas, beliefs, and values of people can be ascertained. It
influences the social behavior of people. Behavior of the people is influenced by
ideas, attitudes and desires which are reflected by public opinion.
People get recognition and respectability when they behave according to accepted
social expectations. Public opinion helps us to know what type of behavior is
acceptable and what is not.
There are various agencies for the formulation and expression of public opinion.
The press, radio, movies and legislatures are the main controlling agencies of
public opinion.
The ‘press’ includes newspapers, magazines and journals of various kinds. The
newspaper provides the stuff of opinion for it covers everyday events and policies.
Many decisions of the people are influenced by information available through the
press.
162
&
School of Law
As an agency of social control the press seeks to influence the tastes, ideas,
attitudes and preferences of the readers. It affects their ideology also. It enforces
morality by exposing the moral lapses of the leaders.
Radio is another agency of public opinion that influences behavior. It influences

our language, customs and institutions. It is through the radio that human voice can
reach millions of people at the same time. It can dramatize and popularize events
and ideas. In the same way, television has also been influencing people’s behavior.
Movies or motion pictures exert great influence on public opinion. They have
effectively changed the attitudes and behavior of the people. Movie-goers are
relaxed and unaware of the fact that they are being affected by ideas and values.
They identify themselves with the leading characters and unconsciously accept the
attitudes, values, etc., implicit in the role. Some emotionally disturbed people often
search solutions for their problems through, movies. Through films it is possible to
improve people’s tastes, ideas and attitudes to some extent.
Legislature at present is the most effective agency for the formulation and
expression of public opinion. The debates in the legislatures influence public
opinion particularly in democratic system. It makes laws that control people’s life
and activities. It should be noted that legislature itself is subject to the influence of
the people.
*****
LAW AND SOIAL CONTROL
In primitive societies the folkways, mores and customs suffice to control the
individual behaviour, since there is almost unquestioned compliance with them.
But in modern civilized societies customs tend to loosen their hold with the result
that laws are enacted by the State to control the behaviour of individual in the
163
&
School of Law
society. The transition from custom to law is just a part of the general
rationalization in modern society.
The term law has been defined variously by writers. According to Sumner, laws
are actually codified mores. Kant defined law as ‘a formula which expresses the
necessity of an action.’ According to Green,”Law is a more or less systematic body
of generalized rules, balanced between the fiction of performance and the fact of
change, governing specifically defined relationship and situations, and employing
force or the threat of force in defined and limited ways.” Duguit defined law as
“the rules of conduct which normal men know they must observe in order to
preserve and promote the benefits derived from life in society.” Another
sociologist writes, “Law is the standard of conduct, which, in consequence of the
inner impulse which urges men toward a reasonable form of life emanates from the
whole, and is forced upon the individual. It is distinguished from morals, customs
and religion, as soon as the point is reached, at which compulsory standards are
separated from those demands that involve merely social amenity.” According to
MacIver and Page, “Law is the body of rules which are recognized, interpreted and
applied to particular situations, by the courts of the State.” B.N. Cardozo writes,
“Law is a principle or rule of conduct so established as to justify a prediction with
reasonable certainty that it will be enforced by the courts if its authority is
challenged.” Accordingly to Max Weber, “law, “is an order, the validity of which
is guaranteed by the probability that deviation will be met by physical or psychic
sanction by a staff specially empowered to carry out this sanction. According to
Roscoe Pound, “Law is an authoritative cannon of value laid down by the force of
politically organized society.” Austin defined law as “the command given by a
superior
164
&
School of Law
to an inferior.” He says, “Laws properly so called are a species of command. But,

being a command, every law properly so called flows from a determinate source or
emanates from a determinate author.”
Those who take justice view of law defined it as the command of the sovereign or
dictates of the State. Those taking the sociological view define law as the rules of
right conduct. And MacIver puts it, “The law of the ‘savage’ is not our law”. Law
is the most important formal means of social control. Early societies depended
upon informal means of social control but when societies grown in size and
complexity they were compelled to formulate rules and regulations which defined
the required types of behaviour and specify the penalties to be imposed upon those
who violate them. Law is a body of rules enacted by legally authorized bodies and
enforced by authorized agencies. It defines clearly rights, duties as well as the
punishments for their violation. The modern societies re large in size. Their
structure is complex consisting of a number of groups, organizations, institutions
and vested interests. Informal means of social control are no longer sufficient to
maintain social orders and harmony. Perforce, modern societies had to resort to
formal means of social control.
In modern societies relationships are of secondary nature. Security of life and

property, as well as the systematic ordering of relationships make formalization of
rules necessary. Law prescribed uniform norms and penalties throughout a social
system. The body of law in every state is being increased. What was in mores and
customs earlier, has now been formalized into a body of law. The Hindu Marriage
Act ahs laid down the rules regulating the marriage among Hindus. It has
recognized the right of a Hindu woman to divorce her husband. A number of laws
have been enacted governing food handling, fire protection, sewage disposal,
traffic, sex regulation, entertainment and education etc. Law prohibits certain
actions for example Anti Untouchability Act, prohibits untouchability, prohibition
of child labour act. Etc. and a person violating the provisions of these Acts is liable
165
&
School of Law
to punishment. Prohibition Act forbids drinking at public places, Smoking at public

places is also prohibited under law. A uniform civil code if and when enacted
may remove the social barriers in the Indian society.
In the light of the above brief discussion, it is evident that law exercises a powerful
influence upon the behaviour of people in modern societies. Today, law takes an
ever larger part in total social control. The general theories, whatever their
differences in matters of detail, seem all to share the view that law is a species of
control imposed from above; it derives from, and is dependent upon, some
established center of authority.
******
Custom and social control
Custom is an important means of controlling social behaviour. It regulates social

life. The importance of customs in society cannot be minimized. They are so
powerful that no one can escape their range. They are important to the life of
society. McDougall writes : The first requisite of society, the prime condition of
social life of man , was , in the words of Bagehot, “a hard crust or cake of custom.
In the struggle for existence only those societies survive which were able to evolve
such a hard crust of custom, binding men together, assimilating their actions to the
accepted standards, compelling their actions to the accepted standards, compelling
control of the purely egoistic impulses, and exterminating the individuals incapable
of such control.”
Custom is obeyed more spontaneously because it grows slowly. People follow

similar behaviour patterns. Custom in fact, is the repository of our social heritage.
It preserves our culture and tr5qansmits it to the succeeding generations, bring
people together and develops social relationships among them. Enemies turned into
166
&
School of Law
friends by customs. It is needless to say that Hinduism is alive today because of

customs. It would have died long ago had not the Hindus been forced to abide by
customs. They would have been converted to Islam or Christianity if there had
been no Hindu customs to check the conversion. Customs help in the process of
learning. They have already laid out courses of action to meet particular problems.
They are the savers of energy. They help in adjustment with many social
problems.. Customs provide stability and a feeling of security in human society.
The language which the child learns, the occupations with which he becomes
familiarized, the forms of worship that he follows, the games which he plays all are
offered to him through custom.
Custom play an important part in personality building. From birth to death man is
under the influence of customs. He is born out of marriage, a custom; he is brought
up according to the customs and when he dies he is given last rites as laid down by
customs. Customs mould his attitudes and ideas.
There is no country or community wherein customs are not found. In some

communities they are regarded so sacred that their violation cannot be even
thought of. The society wishes us to follow them. In primitive society adherence to
custom was the general rule and so it is even today among the aboriginal tribes. In
India with the spread of western education the observance of customs has
loosened, still the old women folk of the country continue top observe them. They
weep when they meet their relatives after a long absence and weep on various
occasions during marriage ceremonies of their daughter. At the time of departure
of the girl to the house of bridegroom tears roll down the cheeks without any sign
of their being forced. The Maories of New Zealand rub noses with each other as an
expression of their love and the women of Pulawat Caroline Islands walk in a
stooped position in the presence of men.
167
&
School of Law
Customs are essential to the life of a society and are held so sacred that any
violation of them is regarded not only a challenge or a crime, but also a sacrilege
calling upon the people the vengeance of the gods. Customs exercise such a
powerful hold over men that they can be called the “king of men”. Onaccount of its
control potential the custom has been called “a tyrant” by Shakespeare, “a violent
school mistress”, by Montaigne and “the principal magistrate of man’s life” by
Bacon. The custom s are followed with less deviation than are laws. They are
observe not simply because they are traditionally enforced by the society but
because people’s sentiments and feelings of personal obligation support them.
In the first place custom is to be counted among the less formal types of social
control. It does not have the kind of systematic elaboration which we find in the
case of law, morality or religion. There is a certain vagueness, and sometimes
ambiguity, in regard to infractions of the code of behaviour which it describes, and
in regard to punishment.
Custom has frequently been contrasted with law, and a distinction made between
societies which possess law, in the sense of rules promulgated by a single
recognized authority and sanctioned by definite punishments, and societies in
which behaviour is regulated by traditional norms which are simply ‘accepted ‘
rather than sanctioned or enforced. Custom, as thus conceived, presents other
difficulties. Conformity with custom is made to appear almost automatic, and
indeed some early anthropologists, in their accounts of primitive societies, gave the
impression that individual deviation from customary rules was hardly conceivable.
This total and automatic submission to custom was explained largely by the force
of habit, although some writers also referred to public opinion and supernatural
beliefs as additional supports for conformity.
168
&
School of Law
This distinction between types of society in which behaviour is regulated by

custom and law respectively is to simple and clear cut, and the explanations of the
submission to custom are inadequate. It is one of the major contributions of
Malinowski to have shown the complexity of social control in primitive societies,
and to have provided a more satisfactory account of the influence of custom. He
argued, first, that ‘besides the rules of law, there are several other types of norm
and traditional commandment, such as morals, manners, rules of craftsmanship and
ceremonial, and religious precepts. In discussing custom, he showed that neither
the force of habit, nor respect for tradition, nor public opinion , nor the fear of
supernatural beings, could entirely account for conformity. He emphasized the role
of ‘binding obligations’ and ‘reciprocity’, as positive inducements to customary
behaviour. As Schapera comments, ‘… life in a primitive community involves
every individual in specific obligations he fulfils partly because of early training,
and partly because of public opinion and self-interest; it pays him in various ways
to do as he should, and if he does not he suffers loss of material benefit and of
social esteem.’ Further, Malinowski combated the notion that in primitive societies
submission to custom is automatic, by showing that contraventions of the social
rules are frequent and
motivated by considerations of personal advantage similar to those found in more

complex societies.
Taken as a whole Malinowski’s work made untenable the earlier conceptions of

the ‘tyranny of custom’ and the irresistible force of habit and early training. It
implied also a greater degree of comparability between different types of society in
respect of social control. While in primitive societies custom has a large influence,
in civilized societies custom, habit, public opinion and reciprocity still play a part,
but some of the major forms of behaviour are more strictly and precisely regulated
169
&
School of Law
by law, religion and morality. There are important differences, also, between
civilized societies in which social change is taking place rapidly and those in which
change is slow. The social life of the medieval European societies, feudal and
absolutist, was regulated not only by an armed aristocracy, by the religious and
moral doctrines of an organized church, and by law but also by custom and t r
addition. At the very end of the ancient regime the power of custom was
recognized by conservative political philosophers, such as Burke, who argued that
political wisdom consisted in following the traditions of one’s society as embodied
in its existing social institutions. The social structure of India, until the last two
centuries, underwent few and gradual changes; and the importance of custom was
correspondingly great. J.D Mayne, in his classical work on Hindu law argued that
‘the great body of existing law consists of ancient usages, more or less modified by
Aryan or Brahmanical influence’, and observed that the greatest effect was given
to custom by the Courts and by legislation under British rule.
Even in modern industrial societies the importance of custom is far from

negligible, for much religion and morality is customary rather than reflective, and
ordinary social intercourse is largely regulated by custom and public opinion. But
in most of these societies we should rather speak of ‘customs’ and ‘opinions’ for
they are characterized by a diversity which springs from the existence of numerous
competing and conflicting groups, and from the rapidity of social change. Custom
is both democratic and totalitarian at the same time. It is democratic because it is
made by the group, everybody contributes to is growth. It is totalitarian because it
affects every sphere of self-expression, private and public. It influences our
thoughts, beliefs and manners and control our behaviour and interactions in the
society. Hence, it is evident from the foregoing discussion that custom is the
powerful agency of social control. It controls the man’s relationship and behaviour
to the forces of his physical and social environment. The extent to which customs
control the behaviour of man depends upon the degree to which the adherents of
170
&
School of Law
customs accept its binding. Disregard shown to the customs brings forth
disapprobation.
*****
171
&
School of Law
172
&
School of Law
173
&
School of Law
174
&
School of Law
175

109 Sociology I E Notes Dr.J.P.Arya

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

109 Sociology I E Notes Dr.J.P.Arya

Uploaded by

Copyright:

Available Formats

Chanderprabhu Jain College of Higher Studies

Class : BA LLB- 1st Semester

Paper Code : 109

Sociology is a science of: Society, Social Relationship.

French Philosopher or Sociologist August Comte is the father of Sociology. He

WHAT IS SOCIOLOGY; Sociology is the youngest of all the Social Sciences.,

As sociologist we are interested in social relationships not because they are

Definition of Sociology: by different sociologists make it clear that Sociology is

In studying social relationships the sociologists attempt to discover the evolution of

1. “….Sociology is about social relationship, the network of relationship we

6. “Sociology is the science which attempts the interpretative understanding of

SCOPE OF SOCIOLOGY – TWO DIFFERENT VIEWS.

One group of writers headed by German sociologist, Simmel, demarcates

SPECIALISTIC OR FORMALISTIC SCHOOL;

Vierkandt, another leading sociologist maintains that sociology is a special branch

Where P=social process, A=attitude, S= situation

A= N x E (N= social nature, E=Previous experience)

S= B x A (B=Geographical conditions, A= attitude of the participants, S=

or economic field. Sociology has been compared with Geometry. Just as

Criticism of formalistic school: 1, It has narrowed scope of sociology (2)

3. The conception of pure sociology is impractical. The formalistic school has

construct a pure sociology as a matter of fact, no social science can be studied in

(2) Synthetic School :

Emile Durkheim, an eminent French sociologist divides sociology into three

Emile Durkheim is of opinion that general sociology is the philosophical part of

P. Sorokin has also expressed his view on the subject-matter of sociology.

From the foregoing discussions on the scope of sociology it can be conveniently

It aims at studying all aspects of society. At this stage of its development it is

Ginsberg’s view: He has summed up the chief functions of sociology as follows:-

1. Sociology seeks to provide a classification of types and forms of social

3. Thirdly, it endeavours to disentangle the fundamental conditions of social

RELATIONSHIP OF SOCIOLOGY TO LAW

Devising a sociological concept of law

Some influential approaches within the sociology of law have challenged

normative orderings of various groups and "communities", such as the community

writings on law by these classical sociologists are foundational to the entire

Émile Durkheim; Émile Durkheim wrote in The Division of Labour in Society

Sociology and Jurisprudence: Jurisprudence is the science of law. It is concerned

to solve, particularly, from the point of view of Criminal Jurisprudence.

In summing up it can be said that Sociology of law is a subfield of sociology that

Sociology of law is often referred to as "legal sociology." As suggested by the two

LAW AS A TOOL OF SOCIAL ENGINEERING

Roscoe Pound introduced the doctrine of “Social Engineering” which aims at

coastal regions, 20 official languages written in 16 different scripts, around 2000

Interchangeably in Pound's writings, although "interests" sometimes serves as the

Techniques of Social Engineering:

SOCIAL LEGISLATION AS TOOL FOR SOCIAL ENGINEERING:

When unequal distribution of wealth exists in a society or when social justice is

however, necessary that all social legislation must be accompanied by “social

LEGISLATIONS ENACTED FOR THE PURPOSE OF SOCIAL

wake of Constitutional amendments, are meant to mitigate the hardships of tenants,

CONSTITUTIONAL PROVISIONS PROMOTING SOCIAL HARMONY:

resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR

A STUDY OF CASE LAWS:

While Sociological jurists emphasize on the balancing of the conflicting interests

disintegration of the society. Hence, rather than passing a number of legislations in

Roscoe pound’s Legal Philosophy in Brief:

1. . Introduction • Pound was born on October 27, 1870, in Lincoln, Nebraska •

equating it to lawyer’s. Just as an engineer chalks up a plan before starting a

domestic relations and interest of substance • PUBLIC INTEREST: These

6. Jural Postulates • The guidelines on the basis of which social engineering

Durkheim: (Emile Durkheim):

Durkheim idea on Social Solidarity: He was primarily interested in what holds