Law and Social Transformation

Introduction
• In its plane understanding - Change is the law of the
nature, the same principle is applicable at law and society.
• Both law and society changes with time, where one affect
the other
• Anthropological studies can identify such transformation
• Though from a postmodernist point there is need to
deconstruct the entire history
• BR Ambedkar is the pioneer of law and social
transformation:
• We can understand his contribution though following
three examples:
• Ambedkar has contributed towards
empowering the status of women in India
• He can be considered as feminist who
inspired Indian women’s movement. This
is evident from his various speeches where
he argued for women rights
• At All India Depressed Classes Women’s
Conference, that held at Nagpur on 20th
July, 1940, he stressed on the point that
there could be no progress without
women.
• He spoke ‘I am a great believer in women’s
organization I know that what they can do to
improve the condition of the society if they are
convinced. They should educate their children
and instill high ambition in them.’
• Hindu Code Bill, 1948- was introduced in
Parliament and discussed.
• There was strong opposition for the Bill, But
Ambedkar tried hard to defend the Bill by
pointing out the constitutional principles of
equality, liberty.
• However, the Bill was not successful in the house.
Therefore on the eve of first elections in 1951,
then Prime Minister Jawahar Lal Nehru has
dropped the same.
• This ultimately led to the resignation of Ambedkar
• Although most of the provisions of Bill were
introduced in separate bills related to Hindu
Marriage, Succession, Guardianship and
Maintenance.
• Therefore Hindu Code Bill served as one of the
founding stones of Indian Feminist Jurisprudence
• Dr. Ambedkar on Labor Law
• Ambedkar is also known for his contribution in
growth of Labor Law.
• He sworn as the Labor Member of the Viceroy’s
Executive Council in July 20th, 1942.
• It is logical to understand the link between
industry and society. The one such link is in
relation to the economy and other important one
is working-labor.
• The first significant contribution of Ambedkar is in
reduction of factory working hours. He has
reduced working time to 8 hours a day, which was
earlier at 12.
• He brought it on the 7th session of Indian
Labor Conference in New Delhi, November
27, 1942. The Indian Labor Conference,
consisting of the representatives of Central
and Provincial Governments, important
states and employers and workers
organizations unanimously supported the
principle of the 48-hour week in India's
factories at its meeting.
• Therefore now worker can improve their family
life, as they can spend little time with their
families.
• Maternity Relief Laws; Women and Child Labor
Protection Law are few such example where
Ambedkar has played a significant role.
 Ambedkar and Equality
• BR Ambedkar is known for his work on equality
and Caste System
• According to him equality will be of no value
without fraternity and liberty. It is his deep
understanding and internalization of principles of
Liberty, fraternity and equality that it becomes
the central proposition of our constitution.
• He believes that rights are protected not by law
but by social and moral conscience of society. A
democratic form of government presupposed a
democratic form of society.
• Therefore he demanded that political
participation is important for the
‘depressed class’. This demand resulted in
the ‘Poona Pact’, which gave 148 seats to
the ‘depressed classes’ in legislature.
• ‘Annihilation of Caste’ is an undelivered
speech by Ambedkar, written for speech at
Jat-Pat Todak Mandal. Annihilation of
Caste is significant work in the history of
literature. He partially agrees with the
Gandi ji’s Mantra of inter-dining.
• He supported the intermarriage one solution to dilute caste.
• In words of Ambedkar Caste is a notion; it is a state of mind
and not a physical object. Deconstruction of caste therefor
does not mean the deconstruction of physical barrier. It
means a notional change.
• Ambedkar contribution in shaping the Indian Constitution:
one basic document or Grundnorm in Kelsen’s words.
• Constitution as a document of social transformation: (mainly
Part III)
• resent e.g. of Privacy; Court’s interpretation on Inter-
religious/inter-caste marriages etc.
• Therefore it is can conclude that Ambedkar is a true Feminist-
postmodernist thinker of India.
• Through his writings he tried deconstructing the prevalent
models of law and society.