LAWS AND SOCIAL CHANGE.

A PROJECT SUBMITTED TO:

ARMY INSTITUTE OF LAW, MOHALI.

BY

GAURAV SHEKHAWAT (1813)

UNDER THE GUIDANCE OF MRS. AMITA SHARMA

SOCIOLOGY

IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR

THE AWARD OF DEGREE OF B.A. LL.B.

PUNJABI UNIVERSITY, PATIALA, PUNJAB.

SUBMISSION YEAR: JANUARY- MAY 2019.

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 DECLARATION

It is certified that the project work presented in this report entitled “LAW AND SOCIAL
CHANGE” embodies the results of original research work carried out by me. All the ideas and
references have been duly acknowledged.

Date of Submission: 15.02.2019 Name: GAURAV SHEKHAWAT

Place: Mohali, Punjab. Roll No.: 1813

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 ACKNOWLEDGEMENTS

I would like to thank my teacher Mrs. Amita Sharma for giving me this opportunity of making
this project. I would also like to thank my college Army Institute of Law, Mohali for providing
me with the resources to carry out the research and make this project. I would like to extend my
grateful attitude towards my parents, friends and family for their continuous support. Last but not
the least I thank the Almighty for all his blessings.

Name: Gaurav Shekhawat

Roll No.: 1813

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 TABLE OF CONTENTS
S. NO. CONTENTS PAGE NO.
01 INTRODUCTION 05
02 HOW DOES LAW AFFECT SOCIETY? 07
03 HOW DOES SOCIETY AFFECT LAW? 08
04 IMPACT OF NIRBHAYA CASE ON LAW 09
05 CONCLUSION 11
06 BIBLIOGRAPHY 12

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 INTRODUCTION.

In this project report it will be discussed how law and society affect each other. It will be
observed how law has lead to social changes or how social changes have lead to change in law.
Law is deeply implicated in our social, political and economic worlds as a resut of which any
change in law leads to a change in all these spheres. Similarly any social change would lead to a
change in the law according to the needs of the society.

What is Social Change?

Social change means any change in the social relations. According to GINSBERG, “By social
change I mean change in social structure.” According to KINGSLEY DORRIS, “By social
change is meant only such alternations as occur in social organization i.e. the structure &
functions of society.”

Change is an ever-present phenomenon. It is the law of nature. Society is not at all a static
phenomenon, but it is a dynamic entity. It is an ongoing process. The social structure is subject to
incessant changes. Individuals may strive for stability, yet the fact remains that society is an
every changing phenomenon; growing, decaying, renewing and accommodating itself to
changing conditions.

Social change is the change in society and society is a web of social relationships. Hence, social
change is a change in social relationships. Social relationships are social processes, social
patterns and social interactions. These include the mutual activities and relations of the various
parts of the society. Thus, the term ‘social change’ is used to describe variations of any aspect of
social processes, social patterns, social interaction or social organization.

What is law?

According to AUSTIN, “Law is a command issued from a Sovereign power to an inferior and
enforced by coercion.” According to SALMOND, “Law is the body of principles recognised
and applied by the State in the administration of justice.”

Law is a system of rules that are created and enforced through social or governmental
institutions to regulate behavior. It has been defined both as "the Science of Justice" and
"the Art of Justice". Law is a system that regulates and ensures that individuals or a community
adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a

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single legislator, resulting in statutes, by the executive through decreesand regulations, or
established by judges through precedent, normally in common law jurisdictions.

For decades now law and society theorists have been preoccupied with attempts to explain the
relationship between legal and social change in the context of development of legal institutions.
They viewed the law both as an independent and dependent and variable (cause and effect) in
society and emphasized the interdependence of the law with other social systems. In its most
concrete sense, social change means large numbers of people are engaging in group activities
and relationship that are different from those in which they or their parents engaged in
previously. Thus, social change means modifications in the way people work. Rear a family,
educate their children, govern them, and seek ultimate meaning in life. In addition to law and
social change there are many other mechanisms of change, such as technology, ideology,
competition, conflict, political and economic factors, and structural strains.

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 HOW DOES LAW AFFECT SOCIETY?
 LAW AS A MEANS OF SOCIAL CONTROL
Two fold objective of law to serve is, firstly, to keep up stability and afford orderly life in
the society. Secondly, to persuade social change by changing itself according to the needs
of the changing society. Thus, law is animportant acengy of social control. The society
supervenes the law for bettermost socialisation. Rule of law in any constitution is the bed
rock for democracy. By putting fear in the minds of the public, the law is a helpful
agency for social control. Law regulates the behaviour of the people in society. Law, by
using force, makes the people conscious about their duties and obligations. Law saves
preciousand good concepts of the society. The exploitation of the people is curbed
through law. The constitution of India, criminal, civil laws and other statuses are
designed to surmount this goal.

 LAW AS AN INSTRUMENT OF SOCIAL CHANGE

To understand the social change through law and legal system, it is pertinent to
understand that the working of legal system in the light of political, social, economic
perspectives which can be seen in the constituion of India. Law is a mirror to know how
people relate one another, their values, what they consider worth preserving in life, and
how they define their own security.

 LAW AND PUBLIC OPINION

The law, which is molded through public opinion is thus the result of state action in
accordance with the public opinion. Here it is necessary to remember that when Rajiv
Gandhi government waned to bring defamation bill, because of the opposition to the bill
in the public, the government dropped the idea. The public opinion is the reflection of the
peoples will. Public opinion becomes law.

 LAWS TO MAKE SOCIETY SAFER

Justice Rangnath Mishra, former Chief Justice of India had observed that 'Law is a means
to an end and justice is the end’. Law cannot be effective if it does not take the recourse
of judicial process. Judiciary plays a remarkable role in making the society safer for the
people and ensures social order.
 
In a society as diverse as India Judiciary has indeed played a big role in trying to
maintain the social balance by providing justice and rights to the people who are living at
the margins of our society. In fact when every hope is lost it’s the judiciary only which
comes to the rescue of down trodden and disposed class.

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 HOW DOES SOCIETY AFFECT LAWS?

 SOCIETY CHANGES LAW AS PER IT’S NEEDS

“Society changes the law”, as per its needs. It needs. It means law is made by the society
according to its requirement by its democratic institution i.e. Legislative or by adopting
custom and usage. When law changes the society it is the sign of beginning of the
development of the society. When society changes law it is the sign of maturity of the
society. We can cite the enthusiasm of the people in the matter of ‘Nirbhaya’ where the
commonest of the common was talking on how the law must be, what must be the
punishment etc. here this compelled the government to consider the sentiments of the
society and set up a commission to give suggestions and untimely the criminal law
amendment bill came into existence.

 LAWS AFFECTED BY SOCIAL NORMS

Law is determined by the sense of justice and the moral sentiments of the population, and
legislation can only achieve results by staying relatively close to the prevailing social
norms.

 SOCIAL CONDITIONS CHANGE LAWS

With the increase in crimes against women and girl child many recent laws and
amendments have been made to protect them. Laws have been made more stringent
keeping in mind the crimes aginst them. Also changes have been made in the redressal
process in order to provide them speedy justice e.g. special courts have been made for
cases relating to crime against women.

 MODERNIZATION AND LAW

Law plays an agent of modernization and social change. It is also an indicator of the
nature of societal complexity and its attendant problems of integration. Further, the
reinforcement of our belief in the age-old panchayat system, the abolition of the
abhorable practices of untouchability, child marriage, sati, dowry etc are typical
illustrations of social change being brought about in the country through laws.

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 IMPACT OF NIRBHAYA CASE ON LAW

A week after the horrific attack on Nirbhaya on 16 December 2012, the Justice JS Verma
Committee was set up to review our criminal laws and recommend amendments to them.

Its main objectives? Properly addressing all sorts of sexual crimes, and ensuring speedier trials
and enhanced punishment.

The Committee’s huge 644-page report, which was published within a month, for once didn’t
just end up gathering dust at the Law Ministry, but instead formed the basis of the Criminal Law
(Amendment) Act of 2013, after first being implemented as an ordinance.

Unfortunately, not all the Committee’s recommendations were accepted, including some that
really should have been, such as criminalising marital rape.

But we did see some significant changes to the law because of this.

CHANGES MADE IN RAPE LAWS AFTER THE COMMITTEE

RECOMMENDATIONS:

 One of the more horrific aspects of the Nirbhaya case had been the way in which an iron
rod was used to penetrate her, damaging her intestines and eventually causing her death.
Under the old definition of rape, this part of the assault on her wouldn’t have been
classified as rape, and nor was forced oral sex.
The 2013 Act expanded the definition of rape to include oral sex as well as
the insertion of an object or any other body part into a woman’s vagina,
urethra or anus.
 The punishment for rape was also made stricter. The courts’ discretion to
give rapists a sentence lesser than the minimum of seven years was
abolished. Separate punishments for repeat offenders were also
introduced, including the possibility of the death sentence.

 The amendments also included an improved standard of consent – consent now needs to
be unequivocal and clearly communicated, and lack of physical resistance isn’t assumed
as consent.
 Fast-track courts were also set up for rape cases, which were to conduct trials on a day-
to-day basis and not stretch them over several months. Trials also need to be completed
within two months of the chargesheet now.1
1
Changed Legal Position On Sexual Offences -Understanding Criminal Law (Amendment) Ordinance, 2013” available at
http://nlrd.org/resources-womens-rights/rape-laws/government-notifications-advisories-rape-laws/changed-legal-position-on-sexual-offences-
understanding-criminal-law-amendment-ordinance-2013

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NEW SEXUAL ASSAULT OFFENCES

Next, we have the new sexual assault offences. Previously, the IPC had to tackle sexual assault
offences using the archaic section 354: “outraging the modesty of a woman.”

Now, under sections 354A-D, stalking, voyeurism, unwanted sexual advances and touches are all
specific offences – which helps ensure that these extremely dangerous behaviours can no longer
be ignored or trivialised. Section 354A – Sexual harassment has been made a gender neutral
offence whereas earlier, a man who makes unwelcome sexual advances, forcefully shows
pornography or demands/requests sexual favours from a woman commits the offence of sexual
harassment simpliciter under section 354A; this is punishable by imprisonment of up to three
years. Making sexually coloured remarks also amounts to sexual harassment, which is
punishable by imprisonment for up to one year.2

CHANGE IN ACID ATTACK LAWS

Recognising India’s massive problem with acid attacks, the 2013 Act also introduced provisions
specially criminalising them, and for protecting victims of these attacks.3

The Nirbhaya Rape is one such example of how the society has lead to change in laws in India.
The reaction of the public after the event forced the Indian Judiciary to make amendments in law
in order to protect women. Similarly there are many other incidents in the past which have lead
to changes in law.

2
Simplifying the Criminal Law (Amendment) Act, 2013” available at http://grayscale.org.in/entries/general/simplifying-the-criminal-law-
amendment-act-2013-%E2%80%93-ipc-part-i

3
http://harsamay.gov.in/PDF/The_Criminal_Law_(Amendment)_ACT_2013.pdf

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 CONCLUSION

Law is a system of rules and guidelines which are enforced through social institutions to govern
behaviour, wherever possible. It shapes politics, economics and society in numerous ways and
serves as a social mediator of relations between people.

If the harm is criminalized in legislation, criminal law offers means by which the state can
prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the
protection of human rights and the election of political representatives.

Administrative law is used to review the decisions of government agencies, while international
law governs affairs between sovereign states in activities ranging from trade to environmental
regulation or military action. The legal response to a given social or technological problem is
therefore in itself a major social action which may aggravate a given problem or alleviate and
help to solve it.

Both law and society are interelated. Any change in law leads to a change in society and vice
versa. Society develops as law develops. It is impossible to differentiate law and society as law is
largely effected by societal changes. They are both dependant on each other and greatly
influence one another.

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 BIBLIOGRAPHY
 Changed Legal Position On Sexual Offences -Understanding Criminal Law (Amendment) Ordinance, 2013” available at
http://nlrd.org/resources-womens-rights/rape-laws/government-notifications-advisories-rape-laws/changed-legal-position-on-
sexual-offences-understanding-criminal-law-amendment-ordinance-2013

 Simplifying the Criminal Law (Amendment) Act, 2013” available at http://grayscale.org.in/entries/general/simplifying-the-criminal-

law-amendment-act-2013-%E2%80%93-ipc-part-i
 http://harsamay.gov.in/PDF/The_Criminal_Law_(Amendment)_ACT_2013.pdf

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