Law as an instrument of social change

S O U R A B H S H R I VA S TAVA 2023/LLM/91
INTRODUCTION
In this presentation I’ll be discussing :
1. What is law and social change
2. How they are inter-related
3. Theories involved in social change
4. Ways in which law can be used as an instrument of social change
5. The Indian constitution: a catalyst for social change
6. Loopholes in law to make social change
 WHAT IS LAW AND
SOCIAL CHANGE
law refers to a set of rules and regulations established by a governing
LAW authority to guide behavior, maintain order, protect rights, and resolve
disputes within a society.

SOCIAL
CHANGE
 WHAT IS LAW AND
SOCIAL CHANGE
law refers to a set of rules and regulations established by a governing
LAW authority to guide behavior, maintain order, protect rights, and resolve
disputes within a society.

Morris Ginsberg defines, “social change ,as a change in social structure,

SOCIAL e.g., the size of the society, the composition or the balance of its parts or
CHANGE the type of its organization”.
INTER-RELATION BETWEEN
LEGAL AND SOCIAL CHANGE

LEGAL ---> SOCIA

<---- L
 INTER-RELATION BETWEEN LEGAL AND SOCIAL CHANGE

Laws and social change are like two puzzle pieces that fit together. Laws are rules that
tell people what they can and can't do in society. When society changes and new ideas
or values emerge, people often need new laws to match those changes. So, laws can
both shape and respond to how society evolves. When society changes, laws often
change with it to make sure they still make sense and reflect what people believe is
right. In turn, these new laws can influence how people behave and think, contributing
to social change. It's like a continuous conversation between laws and society, each
affecting the other.
THEORIES INVOLVED IN
SOCIAL CHANGE
LINEAR CYCLIC THEORY
THEORY
This theory of social
This theory of social change states that the
change states that changes that take place in
improvement and a society is in a cyclic
advancement in form and therefore
society take place as happens again and again.
society moves to a Therefore this theory
higher civilization terms social change to be
gradually. Therefore continuous in nature
THEORIES INVOLVED IN
SOCIAL CHANGE
LINEAR CYCLIC THEORY
THEORY
This theory of social
This theory of social change states that the
change states that changes that take place in
improvement and a society is in a cyclic
advancement in form and therefore
society take place as happens again and again.
society moves to a Therefore this theory
higher civilization terms social change to be
gradually. Therefore continuous in nature
 WAYS IN WHICH LAW CAN BE USED AS
AN INSTRUMENT OF SOCIAL CHANGE

When one says that laws are bringing change in the society it means that law is making the
society follow it in order to bring in a difference or a change in the atmosphere that is
already in existence.
For example
untouchability has been a long drawn social issue. Article 17 of the Constitution of India
declares that untouchability should be prohibited.
Whereas when the society brings in a change in the law it means that society is adjusting
itself to law the way it wants.
For example
Sati was a practice that forced the wives to be burnt alive along with her dead husband. This
custom was mandatory to be followed among the Hindus. The society brought in reforms to
abolish this practice. Therefore in a way the society brought in a change in the existing law.
 THE INDIAN CONSTITUTION: A
CATALYST FOR SOCIAL CHANGE

The Indian Constitution, as the

supreme law of the land, promotes
social progression through its
commitment to equality, fundamental
rights, and social justice. It empowers
marginalized communities, guarantees
individual rights, and guides
government policies to improve the
welfare of its citizens, making it a
catalyst for positive social change.
ABOLITION OF
UNTOUCHABILITY

Illustration by:- sunil abhiman

During the Maratha and Peshwa rule, Untouchables were
prohibited from spitting on the ground to prevent any potential
pollution if a Hindu were to step on it with their foot. Instead, they
were required to carry an earthen pot around their neck to collect
their spittle. Additionally, they were compelled to carry a thorny
branch of a tree to sweep away their footprints.
ABOLITION OF
UNTOUCHABILITY
To eradicate this felony
from society, Article 15
(Prohibition of
discrimination on
grounds of religion, race,
Illustration by:- sunil abhiman caste, sex or place of
awchar
birth) was inculcated in
the constitution of India,
and for the abolition of
untouchability Article 17
was introduced.
 A widowed mother, accused of witchcraft, was
strangled to death and then her body was tied to a
stone and thrown into the river. People attributed the
deaths of two cows to her, alleging that she was a
"daayan" who had consumed one of the cows.
Source - livemint
 A widowed mother, accused of witchcraft, was
strangled to death and then her body was tied to a
stone and thrown into the river. People attributed the
deaths of two cows to her, alleging that she was a
"daayan" who had consumed the cows.
Source - livemint

In modern-day India, witch-hunting continues to be

prevalent and customary in isolated and deprived
rural areas, particularly in the Northern and central
parts of the country.[3] The state of Jharkhand has
recorded the highest total number of murders
where the motive was witchcraft, with 593 women
being killed on the grounds of witchcraft between
2001 and 2021 according to the
National Crime Records Bureau.[7][15] The states of
Assam, Bihar, Chhattisgarh, Madhya Pradesh and
SOCIAL CHANGES THROUGH
LAWS IN INDIA
Child marriage
The Prohibition of Child
Marriage Act 2006 was
introduced in India to
combat the practice of child
marriage and protect the
rights and well-being of
underage children,
particularly girls. It aimed
to prevent the physical and
Decriminalization Dowry practice
of 377
The case of Navtej The Dowry Prohibition
Singh Johar v. Union of Act, 1961, was enforced
India in 2018, the which criminalized the
Supreme Court of India act of demanding and
struck down Section 377 giving dowry
of the IPC and
decriminalized
homosexuality in India
and legalized consensual
LOOPHOLES IN LAW TO MAKE
SOCIAL CHANGE
As social issues take time to remove, the law should be strong enough to accelerate
that change. Rape laws have been laid down but rapes are not decreasing. Every
other day in the newspaper there will be a rape incident that has taken place. This
clearly states that the laws that are already present are not strong enough to bring
about social change. Racial discrimination and caste discrimination are being faced
by the world until today. Protests, mass gatherings, everything are failing because
the laws that are present are not having a strong root to bring in a social impact.

It is, therefore, necessary to address these social issues with stronger law
enforcement so that people start taking the laws seriously and carefully.
CONCLUSION
Certainly! The law has been a catalyst for some social changes,
but it often lags far behind societal needs. It feels like a tortoise in
a race against a speeding world, hindered by bureaucratic hurdles
and outdated statutes. Despite notable victories, the law has much
ground to cover before it can bring about true societal
transformation.