Name: Mayank Raj

Roll No.: 2021PGLAW14

Subject: Law and Social Transformation in India

1. How can law be used as an instrument of social change?

Answer: Law may simply be described as a set of rules that are used to regulate or control a
community. Control is necessary in a society because it is always necessary to maintain a
balance between society and the people that live in it so that they can cohabit
interdependently, which will aid in the implementation of social change. A society is a
diverse community that includes people of many classes, castes, creeds, colours, genders, and
backgrounds. It is critical that no distinction be made between these individuals, regardless of
their identities, in order to achieve homogeneity, which can only be achieved via the
application of law. Social change is something that every society and its people look forward
to because a change for good is always welcoming. Law plays an indispensable role in
bringing in a social change. A lawless society is absent of harmony and peace between the
people and the society.

Relationship between Law and Social Change

Several disciplines, including economics, politics, law, and sociology, utilise the phrase
"social change." This implies that societal transformation is impacted by a number of factors.
Law is the most important subject among the others since it is a code that governs society.
The highest authority in the hands of the states to control what is good and wrong in society
is known as the law. Law is there not only to give a set of rules by which a society should
operate, but also to provide regulations that the society is expected to accept in its own way in
order to protect the welfare of the people who live there.
Several disciplines, including economics, politics, law, and sociology, utilise the phrase
"social change." This implies that societal transformation is impacted by a number of factors.
Law is the most important subject among the others since it is a code that governs society.
The highest authority in the hands of the states to control what is good and wrong in society
is known as the law. Law is there not only to give a set of rules by which a society should
operate, but also to provide regulations that the society is expected to accept in its own way in
order to protect the welfare of the people who live there.

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Several studies have stated that legislation is the most effective tool for controlling social
change, yet social change may also become a statute. The existence of numerous components
in the environment causes social change. These include changes in the demographic structure,
technical advancements, changes in people's views, and a rise in the welfare of individuals in
society, among other things. Benjamin Cardozo, an American judge, stated that law should
not be considered as a rigid tool attempting to bring about social change, but rather as a
flexible instrument of necessity bringing about societal good. This is also the core of the
Indian Constitution. The authors of the Constitution were emphatic that India should not be
subjected to the same type of humiliation in any way after gaining independence, as it had
been for several years before to 1947. As a result, the Indian Constitution may be cited as an
example of how legislation can be utilised to effect social change. Law is a highly dynamic
subject, which allows it to adapt to its surroundings. As a result, this topic may assist a
society in a variety of ways.

Some Examples of Social Change with law

a. Abolition of slavery and bonded labour system
b. Abolition of Sati System
c. Widows Remarriage
d. Prohibition of Child Marriage
e. Elimination of Child Labour
f. Right to free and compulsory education
g. Public Interest Litigation
h. Right to Information – For Effective Governance
i. Female Infanticide
Through its liberal and aggressive interpretation of constitutional provisions, the Supreme
Court has also played a crucial role as a social reform institution. From the standpoint of
sociological jurisprudence, the Supreme Court of India has played a significant role in social
transformation by ensuring that the public have access to justice. To sum up, the researcher
believes that social reforms can only be properly brought forth and executed via the use of the
legal system, therefore empowering the public.

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 SHORT NOTES

2. Tradition of Sati
“Sati” originally meant a woman who performed the act of immolating herself after her
husband’s death. The word is derived from the Sanskrit word “asti’, which means “She is
pure or true”.
Sati, according to Hindu tradition, signified the end of a marriage. It was a voluntary
behaviour in which a lady followed her husband to the hereafter as a symbol of being a
faithful wife. As a result, it was seen as the highest manifestation of a wife's loyalty to her
deceased husband. It became a mandatory practise over time. Women who did not want to
die in this manner were compelled to do it in a variety of ways. A widow was often seen to
have no place in society and to be a burden. So, if a woman didn't have any surviving
children to support her, she was forced to take sati.

Prohibition of sati
If historical records are to be accepted, sati was outlawed many times between the 15th and
18th centuries. Mughal Emperor Akbar abolished sati in 1582, and Aurangzeb sought to
outlaw it again in 1663. During the European colonial period in India, even the Portuguese,
French, and British sought to put an end to sati. The British tightened their prohibitions on the
practise in 1850. Any Hindu priest who presided over a widow burning had to be hanged,
according to Sir Charles Napier. During that period, the princely kingdoms of India were also
pressured to entirely ban sati. One of the prominent reformers who criticised the practise was
Raja Ram Mohan Roy.

Prevention of Sati Act (1987)

When her husband died after eight months of marriage in the hamlet of Deorala in Rajasthan
in 1987, an 18-year-old married lady called Roop Kanwar was forced to become sati. She
flatly refused. As a result, she was drugged and immolated by a gang of men from the hamlet.
The case was examined by the police, and those men were apprehended. In response to this
tragedy, the government enacted the Prevention of Sati Act, which makes it unlawful to
compel or urge a woman to perform sati and punishes those who do so with death. Despite
this, some widows opt to become sati - at least four examples have been documented between
2000 and 2015.

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 3. Recognition of Live In Relationship
In certain countries, a live-in relationship, also known as cohabitation, is an arrangement in
which two individuals who have been in a romantic and sexual relationship as partners for a
long time or permanently opt to live together without marrying. Since the legalisation of live-
in relationships in India, it is critical to understand the expectations and responsibilities that
come with them. The Supreme Court of India has even said that a woman and a man living
together is a decision that falls under the right to life. As a result, it is not a crime. As a result,
live-in relationships are allowed in India.

Live-in relationship under Indian law

In the case Indra Sarma vs VKV Sarma, 2013, Honourable Supreme Court stated that live-in
relationships have five distinct ways:
 A domestic cohabitation between a major unmarried female and a major unmarried
male. It is considered as the simplest kind of relationship between all.
 A domestic cohabitation between that was entered mutually by a major unmarried
woman and a married man. A domestic cohabitation between that was entered
mutually by a major unmarried man and a married woman.
 These two are the most acknowledged type of live-in relationship in India. Moreover,
adultery is a type of relationship, and it is punishable under the Indian Penal Code,
1860.
 A domestic cohabitation between that was entered unknowingly by a major unmarried
woman, and a married man is also punishable under Indian Penal Code, 1860.
 A domestic cohabitation between partners who are homosexual, cannot lead to a
marital relationship. As in India, any matrimonial law for homosexuality is not
defined yet.

Children born out of marriages

If a live-in relationship lasts for a long period, a kid or children can be born. It's worth noting
that, according to the Central Adoption Resource Authority's Guidelines Governing the
Adoption of Children, live-in couples cannot adopt a child in India. However, if a
disagreement emerges over child custody, the spouses can seek legal advice from a child
custody lawyer.

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Legitimacy and inheritance rights of children born out of a live-in relationship
The Hindu Marriage Act of 1955, section 16, discusses children's inheritance rights and
grants legal validity to an illegitimate child (born out of marriage or living in) only for the
purpose of inheritance. As a result, children born as a result of a live-in relationship are given
inheritance rights. Both ancestral and self-bought properties are covered by these rights.

Custody and maintenance rights of children born out of a live-in relationship

Personal marriage rules govern the maintenance rights of children born out of ordinary
marriages, and they also apply to children born out of live-in relationships. It differs from one
state to the next. For example, in Muslim law, a father is not responsible for the upkeep of a
kid born outside of marriage, yet under Hindu law, the father is.
Furthermore, section 125 of the Code of Criminal Procedure, 1973, provides a legal right of
maintenance to both the wife, female companion, and children for children who cannot claim
maintenance under personal laws.