Socio PF Law
Socio PF Law
Socio PF Law
SOCIOLOGY OF LAW
Semester: - 2nd
Session : - 2017-2022
Course:B.A.,LL.B.(Hons.)
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DECLARATION
I hereby declare that the work reported in the B.A., LL.B. (Hons.) Project
Report entitled “Law And Society :Impact Analysis” submitted at Chanakya
National Law University, Patna is an authentic record of my work carried out
under the supervision of Dr.Sangeet Kumar I have not submitted this work
elsewhere for any other degree or diploma. I am fully responsible for the
contents of my Project Report.
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ACKNOWLEDGEMENT
I take this opportunity to express my profound gratitude and deep regards to my guide
Dr. Sangeet Kumar for his exemplary guidance, monitoring and constant encouragement
throughout the course of this research. The blessing, help and guidance given by him time to
time shall carry me a long way in the journey of life on which I am about to embark.
I also take this opportunity to express a deep sense of gratitude to Dr. Sangeet Kumar for
providing me this research topic and for her cordial support, valuable information and
guidance, which helped me in completing this task through various stages.
Lastly, I thank almighty, my parents, brother and friends for their constant encouragement
without which this assignment would not be possible.
Thank You!
CHANAKYA NATIONA L LAW UNIVERSITY
Vivek Kumar
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TABLE OF CONTENTS
1.INTRODUCTION……..............……………………………………………..…......P.g5
BIBLIOGRAPHY………………………………………………………………...P.g36
WEBLIOGRAPHY…………………………………………………………….....P.g.36
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CHAPTER 1. INTRODUCTION
The question “What is Law?” haunts almost all the promising lawyers. The meaning of
law is subjective and varies from one person to another. It can be construed as a regulatory
mechanism, a code of conduct, a set of normative rules and regulations. Though all these
statements are true, yet they provide an incomplete picture of law.
Law is an instrument of social change, or a means to achieve justice in the society.
History is replete with many situations where law has acted to bring about social reformation.
For example social evils such as sati, purdah, dowry, child marriage have been strictly
brought under control through legal sanction. Not only can these but various other examples
can be cited where law has impacted the society in order to usher in social change.
Law may be considered as an abstract set of rules and regulations backed by an authority as
said by John Austin ‘Law is the command of sovereign’. The preamble of our constitution
reads “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all
its citizens”1, makes us, all citizens, an actively participates in the law making process. In
other words the process of law making is directly or indirectly related to each and every
individual in the society. Thus, in this project we try to understand the various areas where
law impacts society as well as the life of all those who are a part of it.
Meaning and Importance of ‘Law’
Most of us are required to observe many different kinds of rules. School children may be
required to wear a uniform. People belonging to certain religion are prohibited to eat a
particular substance or do a particular thing.
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Law is often based on morality. For example, murder and rape are regarded as immoral,
and are punishable in all societies and are proscribed by most religions. In such cases, the law
coincides with morality but this need not always is the case. For example lending money at
interest is practised since times immemorial. But this is prohibited by Islam. Similarly,
Christianity prohibits Usury, i.e. excessive interest. Traditional Hindus follow the rule of
Damdupat, i.e. the total interest must not increase the principal sum. The Money-lender Acts
in force of various states do regulate interest which, by virtue of the practice of compounding
1
Preamble to the Constitution of India
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their interest but they have limited application 1Preamble to the Constitution of India There
are many perspectives regarding Law. From one outlook, law can be said as an abstract body
of rules and statues. And from the other, it could be seen as a social method of dispute
resolution of the conflicting interests of the people living in the society. Law may also be
considered as of having a coercive character, or can also be seen as made by the customs,
traditions or religion. Law can also be said to inherently exist in the society.
Some thinkers have made an attempt to clear the picture of the concept of law. In the words
of Kant law is the ‘sum total of the conditions under which the personal wishes of one man
can be combined with the personal wishes of another man in accordance with the general law
of freedom’ . Hegel explains law as the, ‘the abstract expression of the general will existin
and for itself’. John Austin says, Law is the command of Sovereign, Savigny considers law as
Volksgeist i.e. the spirit of the people. While, Roscoe Pound, a thinker of Sociological school
of law, considers law as ‘Social Engineering’.
Similarly various others thinkers have coined law in their own different perspectives.
Therefore, it can be observed that law is a vast subject of study and defining it in limited
words would be restricting its scope and would not construe the correct picture. Law is ever
evolving and keeps on growing with the development of the society.
Meaning and Importance of ‘Society’
Society must be understood as a combination of functional, cognitive, and cultural systems.
Functional systems include market, political institutions, and familial processes and deal with
the production and consumption of goods, the provision of services, the waging of war, and
the administration of justice and education. Cognitive systems organize values to guide
choice among alternatives. A unique combination of functional, cognitive, and cultural
systems defines and distinguishes a society.
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The society changes as any element within it changes and the process of change is
constant. Values are preached and rejected, technology is altered, and roles are achieved.
Change creates stress, but adaptation and adjustment make possible continuity (and perhaps a
temporary stability). Thus, a society may experience significant change in its functional
system through a political or technological revolution, yet still maintain its essential quality.
The force that holds it together, that gives society meaning, in spite of change, is ideology.
An ideology is a way of looking at the world that is shared by members of a group; it
connects individual precepts to those generally held in the society and provides the group a
base for consensus.
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Hypothesis
In this project researcher presumes that law is equal for equals. Law is running very smoothly
in society. Researcher also presumes that law provide justice to every person, whatever his or
her caste, religion, sections, races that is totally immaterial.
Research Methodology
The study on the topic has been extensive ranging from researching books on
jurisprudence, political theory, political science by Indian authors as well as foreign authors
in NLU library, as well as using the resources of internet and data available in the websites
relating the topic of the project.
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Many sources have been referred to and such reference is footnoted for convenience.
The type of source has been a combination of primary as well as secondary sources i.e
doctrinal research& non doctrinal research. The aim of the research has been, not only to
gather facts, but also to substantiate any viewpoints put forth.
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RESEARCH QUESTIONS
What is Law?
What is Society?
What is the Relation Between Law and Society?
SOURCES OF DATA
The researcher has used both doctrinal as well as non-doctrinal data to collect qualitative as
well as quantitative data.
Primary Sources: It includes Field work such as interviews and questionnaire etc.
For doctrinal research, researcher has used books , articles , web sites etc.
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For non-doctrinal research , researcher has done Field work which consists of interviews ,
questionnaires , observation , case study method.
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The most important limitation for this project is the Time limit. Also the undertaking of the
non-doctrinal was difficult because he can communicate few peoples for questionnaires and
interviws during non-doctrinal research work. Since researcher is a student, monetary support
was difficult to arrange.
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Law is a social phenomenon and has been of interest to sociology since the early days of the
discipline. However, much discussion of law has been and remains monopolized by legal
practitioners and legal theorists who primarily focus on legal doctrine; they are concerned to
analyze patterns, directions and inconsistencies in judicial thinking and decision making.They
attend to social factors in discussing the kinds of values reflected in judicial statements and
the ways in which judges resolve practical, everyday dilemmas in deciding cases. The
enduring emphasis is on analyzing appellate cases. Indeed, the sociology of law is more often
taught in law schools by law academics (albeit with a strong interest in the social sciences
and/or social science training) than in sociology departments. For many sociologists, law is
derivative of broader (or more authentic) sociological concerns, for example social control
and deviance, or is treated within other substantive areas such as labor relations, the welfare
state and social policy, crime, bureaucratic organizations or contemporary family relations3.
Many sociological definitions of law stress its normative character and are concerned with
the responses to behaviour that violates laws.
Sociological discussions of law are often limited to discussions of the criminal law,its
operation and administration. Law and sociology are often presented as two distinct
disciplines and bodies of knowledge. For example, Cotterrell – a socio-legal theorist – seeks
to understand ‘the nature and effects of confrontations between such different fields of CHANAKYA NATIONA L LAW UNIVERSITY
knowledge and practice as those of law and sociology ... [that have] quite different historical
origins or patterns of development, social and institutional contexts of existence, and social
and political consequences. Another commentator disagrees that the common law can be
considered a social science because of the two disciplines’ different epistemological
approaches: the former relies on adjudication to discern ‘facts’ and on precedent to resolve
present disputes, while the latter relies on ‘positivity’, the constitution of knowledge via
empirical research and the deployment of statistical analyses.
3
Friedman, Lawrence M. and Jack Ladinsky, Social Change and the Law of Industrial Accidents,
Certainly, the development of law and sociology in western societies occurs within
different institutions and bodies of knowledge (as professionally defined). However, they
have very similar subject matters: both are concerned with social relationships, values, social
regulation, obligations and expectations arising from particular social positions and roles, and
the linkages between individuals and society. Almost any aspect of social life can be subject
to legal regulation and judicial statements do have similarities with social theory (and often
read like social theory). Nonetheless, the substance of law in western democratic societies
primarily deals with the regulation of property relationships and the enunciation and
protection of property rights.
For example, in free India, legal abolition of untouchability is an attempt to change a long-
standing social norm. Yet it has not succeeded much due to inadequate social support. Thus
there is a reciprocal relationship between law and society.
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In this chapter we study the relationship between law and society in relation to their
interdependence on each other. Law and society share a symbiotic relation. In every society
we find complexity in the action of the individuals and conflicting interests. This is because
the needs and wants of humans are infinite, but the resources to fulfil those demands are
limited and exhaustible. Therefore, in order to achieve and maintaining optimum utilization
of resources by providing maximum satisfaction to maximum people and by creating
minimum friction, law comes in the picture.
Society can be viewed from various perspectives. Some may view it as autonomous social
reality independent of those who form it, giving rise to social forces that act upon, control and
determine the conduct of its constituents. Here the view of man as a product of social forces
is called ‘determinism’. While others view it as an association of individuals, in which every
constituent participates as an active agent in the creation of social reality. This view is known
as voluntarism4.
Social control mainly takes place through customs, traditions, religion, social mores, etc. But
these are informal and non-institutionalised. But law can be considered as the most
specialised form of social control. Durkheim views law as the direct embodiment of the
‘conscience collective’. This view seems to ignore the coercive character of law. Even while
accepting the coercive character of law; it is important to remember that law does not operate
as an exclusively coercive mechanism. If law is effective as a method of social control, it
must have legitimacy, and value consensus as the root of legitimacy5 .
According to Max Weber, Power is the probability that one actor within a social relationship
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will be seen in a position to carry out his own despite resistance, regardless of the basis on
which this probability rests. Though law constraints misuse of arbitrary power, it prevents a
state of anarchy. In order to achieve this purpose it has set up the ‘Rule of Law’.
Rule of law means governance of laws, and not of man. It totally restraints any part of the
society to act arbitrarily on its own will. Everyone is below the law and must abide by the law
of the land.
4
N K Jayakumar, LECTURES ON JURISPRUDENCE. 2 nd ed. 2008, p. 14.
5
Ibid.,p-15.
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This creates, maintains, and regulates a state of peace and order in a society. Due to the
presence of law in the society justice is prevailed. It prevents the elements of tyranny,
dictatorship, authoritarianism, totalitarianism in governance that is it prevents the ruler from
acting in a despotic fashion and rulings the society on his own whims and fancies. It has been
seen in some landmarks cases where law has acted as an instrument to bring about social
change in the society.
For instance the Shah Bano case was a milestone in the Muslim women's search for justice
and the beginning of the political battle over personal law. A 60-year-old woman went
to court asking maintenance from her husband who had divorced her.
The court ruled in her favour. Shah Bano was entitled to maintenance from her exhusband
under Section 125 of the Criminal Procedure Code (with an upper limit of Rs. 500 a month)
like any other Indian woman. The judgment was not the first granting a divorced Muslim
woman maintenance under Section 125. But a voluble orthodoxy deemed the verdict
an attack on Islam.
By going through this case, it shows that how can law bring about social change in society
even if it has to go against the established customs, traditions, mores and beliefs of the
society for the sake of delivering justice in the society.
Another explanation could be the Golaknath v. The State of Punjab 6. Where in 1967,in
Golak Nath vs. The State of Punjab, a bench of 11 judges (constituted for the first time) of
the Supreme Court deliberated as to whether any part of the fundamental constitutional rights
could be revoked or limited by amendment to the Constitution.
This question had previously been considered in Shankari Prasad v. Union of India7 and
Sajjan Singh v. State of Rajasthan. In both cases, the power to amend the rights had been CHANAKYA NATIONA L LAW UNIVERSITY
6
AIR 1967 SC 1643
7(1952) SCR 89
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e) Therefore, amendments which "take away or abridge" the Fundamental Rights cannot be
passed.
Six years later in 1973, 13 judges of the Supreme Court, including then Chief Justice Sikri,
heard arguments in Kesavananda Bharati v. The State of Kerala8, and thus considered the
validity of the 24th, 25th and 29th amendments, and more basically the correctness of the
decision in the Golak Nath case. This time, the court held that although no part of the
Constitution, including fundamental rights, was beyond the amending power of the
Parliament (thus overruling the 1967 case), the "basic structure of the Constitution could not
be abrogated even by a constitutional amendment".
Nani Palkhivala, assisted by Fali Nariman, presented the case against the government
in both cases. The following can be said:
1. All the Judges held that 24th, 25th and 29th amendments acts are valid.
2. 10 Judges held that Golak Nath's case was wrongly decided and that an amendment to
the Constitution was not a Law for the purposes of Article 13.
3. 7 Judges held that the power of amendment is plenary and can be used to amend all
the articles of the Constitution (including the Fundamental Rights).
4. 7 Judges held (six Judges dissenting on this point) that "the power to amend does not
include the power to alter the basic structure of the Constitution so as to change its
identity"
5. 7 Judges held (two Judges dissenting, one leaving this point open) that "there are no
inherent or implied limitations on the power of amendment under Article 368."
However 9 Judges (including 2 dissentients) signed a summary stating that "the view of the
majority" in the case was that: CHANAKYA NATIONA L LAW UNIVERSITY
The way law safeguards its citizens shows the concern of law for the society.
The question arises as to how the judiciary can safeguard the rights of the individuals against
it. The answer to this is the power of judicial review, which confers each court the power to
intervene when the executive or the legislature tries to overstep their power. The statutory
provisions that give rise to the jurisdiction to consider claims for judicial review do not,
however, define its scope. it is ‘a remedy invented by the judges to restrain the excess or
abuse of power’9 and ‘secure that decisions are made by the executive or by a public body
according to law’.
Certainly, the development of law and sociology in western societies occurs within
different institutions and bodies of knowledge (as professionally defined). However, they
have very similar subject matters: both are concerned with social relationships, values, social
regulation, obligations and expectations arising from particular social positions and roles, and
the linkages between individuals and society. Almost any aspect of social life can be subject
to legal regulation and judicial statements do have similarities with social theory (and often
read like social theory). Nonetheless, the substance of law in western democratic societies
primarily deals with the regulation of property relationships and the enunciation and
protection of property rights.
micro level, social researchers investigate how various actors – including lawyers, judges,
social activists and people in everyday life – experience, use, interpret, negotiate and confront
law, legal institutionsand legal discourse.
standing social norm. Yet it has not succeeded much due to inadequate social support. Thus
there is a reciprocal relationship between law and society.
The legal system of a country reflects the rules of society. If there is a change social rules
then we can say that a change in social law just occurs. Law can be changed due to social
condition of any country. Many people know the revolution 1990 of Bangladesh, which is
take place due to political unrest of the country. When Bangladesh Nationalist Party forms
the government they change the law and under the new law lead to the parliamentary
democracy in the country.
Recently acid violence, eve teasing, domestic violence took place due insufficient laws. The
penalty of eve teasing is light that many people did not take the penalty seriously. The
penalty of eve teasing is given in Article 76 of the Dhaka Metropolitan Police Ordinance
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1976 and Article 509 of the Penal Code of 1860affirm that any acts, conducts, or verbal
abuses that are used to disgrace women are punishable by law. Article number 10(2) of the
Prevention of Women and Children Repression Act 2000 mildly addressed eve-teasing.
However, that section of the law was eliminated in 2003, through amendment and justified it
on the ground of manipulation of the law. In its place, a new provision has been added under
Article 9 of the present law that says that if a woman is forced to commit suicide as a direct
consequence of somebody's willful dishonor/sexual harassment/assault, then the guilty person
will be liable to a maximum of ten years and a minimum of five years of imprisonment. This
law is so light in terms of death of a innocent girl. The criminal dare breach the law this no
strong law, if the law is death penalty, to force a suicide then criminal would think twice to
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breach law.
As we know, the acid violence is major problem I our country. Few years ago it becomes like
epidemic. Now acid violence is go down due to the strong law which is death penalty.
Section 4 of the Acid Crime Act, 200211 prescribes death penalty or rigorous imprisonment
for life including fine taka not more than one lakh if any body causes death or makes an
attempt to cause death to any child or woman by using any burning substance, e.g., acid. The
law also states that, import, production, storage, sale or usage of acid without a license is a
10
Jenkins, R. 2002. Foundations of Sociology. London: Palgrave MacMillan
11
Ibid 9
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punishable offence. But the mechanisms prevalent to regulate importation, preparation and
sale of the acid used in these attacks are inadequate. However, the Acid control Act, 2002,
provides for the formation of a national council to control the selling use, production, import,
transportation and storing of acid. The law is hard that everyone obey the law regarding the
acid violence which causes less acid related crime. Every person loves their own life.
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Law plays an important indirect role in regard to social change by shaping have a direct
impact on society. For example: A law setting up a compulsory educational system.
On the other hand, law interacts in many cases indirectly with basic social institutions in a
manner constituting a direct relationship between law and social change. For example: A law
designed to prohibit polygamy.
Law plays an agent of modernization and social change. It is also as and 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 trough law12.
Law is an effective medium or agency, instrumental in bringing about social change in the
country or in any region in particular. Therefore, we rejuvenate our belief that law has been
pivotal in introducing changes in the societal structure and relationships and continues to be
so. As of today, the decisions of the Court are not just being tested on the touch stone of
social justice, but indeed they are being cited of as precursors to ‘social rights’. The Court has
pro-actively and vigorously taken up to cause of social justice and has gone to the extent of
articulating newer social rights such as the right to food, right to health, right to education
Thus, the march of law is clearly in favour of Supreme Court having performed a pro-active
role in social change of the languishing masses13. It certainly has acted as a catalyst in the CHANAKYA NATIONA L LAW UNIVERSITY
process of social transformation of people wherein the dilution of caste inequalities,
protective measures for the weak and vulnerable sections, providing for the dignified
existence of those living under unwholesome conditions, etc, are the illustrious examples in
this regards.
The law, through legislative and administrative responses to new social conditions and ideas,
as well as through judicial re-interpretations of constitutions, statutes or precedents,
increasingly not only articulates but sets the course for major social change. Attempted social
12
Galanter, Marc, Law and Society in Modern India, Oxford University Press, New Delhi, 1997.
13
Kothari, Rajni, Politics in India, Orient Longman, New Delhi, 1970
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change, through law, is a basic trait of the modern world. Many authors consider law as a
desirable necessary and highly efficient means of inducing change, preferable to other
instruments of change. In present-day societies, the role of law in social change is of more
than theoretical interest. In many areas of life such as education, race relations, housing,
transportation, energy utilization, protection of the environment, and crime prevention, the
law and litigation are important instruments of change. Law plays an important indirect
role in social change by shaping various social institutions, which in turn have a direct
impact on society. [eg. Mandatory school attendance upgraded the quality of the labor force,
which in turn played a direct role in social change by contributing to an increased rate of
industrialization. The law interacts in many cases directly with basic social institutions,
constituting a direct relationship between law and social change].
AN EXAMPLE OF INDIA
The intervening nineteenth century was pivotal in that it saw the initiation of this process that
brought about an enormous transformation in the religious, social, economic, political and
cultural spheres of Indian society. Many interrelated factors where in what in this
transformation.
The British Raj influenced Indian life through many channels: administration, legislation,
treads, new systems of communication, inchoative industrialisation and urbanisation, all has
great influence of the society as a whole, because every measure in some way interfered with
some traditional patterns of life.
The sum total of these influences on the life and ideas of the people forced them to adjust CHANAKYA NATIONA L LAW UNIVERSITY
their patterns of life to the new circumstances thus affecting a continuum of social change.
Prevention of Sati Act,1829; Widow Remarriage Act,1856; Native Marriage Act,1872; Age
of Consent act,1891;the Factory Act,1881; Bengal Tenancy Act,1885 and Press Act,1878 not
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only advanced the cause of socio-cultural change but also contributed towards the
transformation of agrarian structure14.
However, the nature and extent of social change in India have been influenced largely by
radical social legislation introduced after independence.
Our Constitution provides certain basic rights(Articles 14-32)to every citizen irrespective of
religion, race, sex, caste, place of birth etc. ensuring justice socio-economic and political,
liberty of thought, expression, belief faith and worship, equality of status and opportunity and
fraternity assuring the dignity of the individual. It also ensures protection against exploitation
and protects cultural and educational rights15.
Articles 36 to 51 lays down certain directive principles of the state policy to secure
definitely attacked caste prejudice, though has not been fully able to eradicate it. A number of
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laws have been enacted for the upliftment of women. The Special Marriage Act, 1954; Hindu
marriage Act, 1955; Hindu succession Act, 1956 and Dowry Prohibition Act, 1961;
Prevention of Immoral Traffic Act, 1956; Sati Prevention Act, 1987; Protection of Women
from Domestic Violence, 2005 have created favourable situation regarding the status of
women, whereas Hindus Adoption and maintenance Act,1956; Child Labour (Prohibition and
Regulation) Act, 1986; Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation, Act, 1996; the Juvenile Justice Act 2000 amended in 2005 have
14
Jain, M.P., Indian Constitutional Law, Wadhwa Publications, Nagpur, 2005 .
15
Pandey, J.N., Constitutional Law of India, Central Law Agency, Allahabad, 2005.
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safeguarded and protected rights of the children16. These illustrative legislations demonstrate
that in a democratic state like ours, legislation can be effectively used as an instrument of
social change.
In a broad theoretical framework, social change has been slow enough to make custom the
principal source of law. Law could respond to social change over decades or even centuries.
Today the tempo of social change accelerated to a point where today’s assumptions may not
be valid even in a few years from now. The emergence of new risks to the individual as a
result of the decrease of the various family functions, including the protective function, has
led to the creation of legal innovations to protect the individuals in modern society. E.g
provisions of workers compensation, unemployment insurance, old-age pensions. Many
sociologists and legal scholars assert on the basis of a large amount of accumulated data that
technology is one of the great moving forces for change in law in ways17. The computer and
easy access to cyberspace, especially internet, also have inspired legislation on both the
federal and the state levels to safeguard privacy, protects against abuse of credit information
and computer crime. Change in law may be induced by a voluntary and gradual shift in
community values and attitudes.
[eg. People may think that poverty is bad, and laws should be created to reduce it in some
way.] Alternations in social conditions, technology knowledge values, and attitudes then may
induce legal change in such cases law is reactive and follows social change. However,
changes in law are only one of many responses to social change. Additionally, laws can be
considered both as reactive and proactive in social change.
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16
Desai, A.R., State and Society in India : Essays in Dissent, Popular Prakashan,
Mumbai, 1975.
17
Friedman, W., Law in a Changing Society, Universal Law Publishing Co. Pvt. Ltd.
Delhi, 2003.
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MAJOR FINDINGS
1. EMERGENT CHANGE
Emergent change describes the day-to-day unfolding of life, adaptive and uneven
processes of unconscious and conscious learning from experience and the change that
results from that.
2. TRANSFORMATIVE CHANGE
Transformative change is more about unlearning, of freeing the social being from those
relationships and identities, inner and outer, which underpin the crisis and hold back
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3. PROJECTABLE CHANGE
Where the internal and external environments, especially the relationships, of a system
are coherent, stable and predictable enough, and where unpredictable outcomes do not
threaten desired results, then the conditions for projectable change arise and well-planned
projects become possible.
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Friedman, Lawrence M. and Jack Ladinsky, Social Change and the Law of Industrial Accidents,
different approach and often new laws are formed given the present social scenario, for
example when social networking sites were introduced it caused a major change in the
interaction amongst people and thus arose the need of protection of people’s privacy
which in turn led to formation of new laws dealing with cyber crime.
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The law is important for a society for it serves as a norm of conduct for citizens. It was also
made to provide for proper guidelines and order upon the behaviour for all citizens and to
sustain the equity on the three branches of the government. The law is important because it
keeps the society running. Without law there would be chaos and it would be survival of the
fittest and everyman for himself. Not an ideal lifestyle for most part. The law is important
because it acts as a guideline as to what is accepted in society. Without it there would be
conflicts between social groups and communiies. It is pivotal that we follow them. The law
allows for easy adoption to changes that occur in the society. As time changes so will a law.
Laws are constantly being amended when needed. People may not agree with a certain law
but that is just the way society works. Laws are generally based on common sense, e.g., Don't
drive drunk, respect others and their belongings and the like. Generally if all people at all
times followed common sense, laws would not be necessary. Other laws are used to regulate
things such as trade, immigration and sales .We all know that the law is very important in the
society. It is a must in order for a society to maintain peace and remain problem-free. Law is
man-made, therefore it is in us if we will follow it or not. If we do not follow the law, it
doesn’t mean we will die, so nature has nothing to do with the laws of man. The law can give
protection to the victims and will punish those who have done unlawful actions. We do not
have any option, where we can choose from, if we disobey, then, we have to face the
consequences. If a society won’t have a system of law on it that will control how the people
handle their lives, then there would not be a society to live in. People will be able to make
decisions that will solely be based on their principles, then they would be able to commit
crimes if they want to, steal, murder, damage, bully, rape, trespass, and even terrorize
CHANAKYA NATIONA L LAW UNIVERSITY
whatever or whoever or whenever they want to, and nothing would be done about it at
all.Therefore, it will be a disaster if people in a society execute actions which solely based on
their principles. If there is no law, nothing will stop the people from doing things that they
wan. With that, they will be free to do anything in revenge. It will be vice versa for they
know that they could totally get away into anything they do, even if it is bad and unlawful.
Eventually, the society will be full of crime, murders and illegal actions. Should there be no
rules in a society, then even a simple waste disposal process will be a big problem that could
affect the whole world19. If not done properly, it may lead to diseases that can kill the human
19
Venugopal,T.K, law and society, sociology for law students,1st ed, 1988, p 230
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race. The supply of water could also be affected if there were no rules. No one will work to
maintain its cleanliness since they may turn into doing things that may easily pay them more
even though it is not right at all. No one will cure us when we are ill and help us in times of
trouble. In the end, each of us will find our own ways to live and survive. Simply put, it’ll be
like a war zone.This merely shows how important it is to have a system of law in a society to
regulate good relationship with each other, even for those with conflicting interests. This is
the only procedure that could ensure that the human rights are respected. If we won’t have
laws, our society would not be able to function effectively. Crimes will become such an
everyday occurrence that children will grow up and will then find it normal, which is not
desirable for our future generations. That is why the law is very important, since it ensures
the safety of our future generations. Law is a form of Social Science. Society and law are
closely related to each other. Law tells the nature to live the social life and this also increases
with the economic, scientific and technological progress. Law also changes with social
changes and plays an important role in the fulfilment of social needs.So for the fulfilment of
social need, there is a provision by constitutional amendment and this is the responsibility of
judiciary that the law which violates the constitutional provisions, public interests and
fundamental rights should be declared void. Legal reforms have been at the centre of the
agenda for strategizing gender justice in India. Uniform Civil Code is merged in the Article
44 by the Indian Constitutio20n as a result of social change. It signifies a uniform code of
conduct without discriminating over caste, religion, parentage, community and cultural
recognition for all citizens of country and also Article 21 regarding ‘Protection of life and
personal liberty’ as a result of social change.In this article new prison jurisprudence, Right to
Speedy Trial, Right to Free Legal Service, Right to Human rights. Law is a medium through CHANAKYA NATIONA L LAW UNIVERSITY
which social objects can be achieved. So, change of law is must with social changes,
otherwise law will be of no value. Law is rooted in social institutions and in socio-economic
network. These social factors influence the course of law or the direction of legal change.
This is the outcome of personal and social interactions which are variable and often
unpredictable. At the same time, law may itself change norms in various ways. For example,
in free India, legal abolition of untouchability is an attempt to change a long-standing social
norm. Yet it has not succeeded much because inadequate social support. Thus there is a
reciprocal relationship between law and society. The term ‘social change’ is also used to
indicate the changes that take place in human interactions and inter-relations. Society is a
20
Ibid 18
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27 Law And Society:Impact Analysis
‘web-relationship’ and social change obviously means a change in the system of social
relationship where a social relationship is understood in terms of social processes and social
interactions and social organizations. Thus, the term, ‘social change’ is used to indicate
desirable variations in social institution, social processes and social organization. It includes
alterations in the structure and functions of the society. Closer analysis of the role of law vis-
à-vis social change leads us to distinguish between the direct and the indirect aspects of the
role of law.
1. Law plays an important indirect role in regard to social change by shaping a direct impact
on society. For example: A law setting up a compulsory educational system.
2. On the other hand, law interacts in many cases indirectly with basic social institutions in a
manner constituting a direct relationship between law and social change. For example, a law
designed to prohibit polygamy.
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 trough laws. Law is an effective medium or agency,
instrumental in bringing about social change in the country or in any region in particular.
Therefore, we rejuvenate our belief that law has been pivotal in introducing changes in the
societal structure and relationships and continues to be so. Law certainly has acted as a
catalyst in the process of social transformation of people wherein the dilution of caste
inequalities, protective measures for the weak and vulnerable sections, providing for the
CHANAKYA NATIONA L LAW UNIVERSITY
dignified existence of those living under unwholesome conditions etc. are the illustrious
examples in this regard. Social change involves an alteration of society; its economic
structure, values and beliefs, and its economic, political and social dimensions also undergo
modification. However, social change does not affect all aspects of society in the same
manner. While much of social change is brought about by material changes such as
technology, new patterns of production, etc., other conditions are also necessary. For
example, as we have discussed it before, legal prohibition of untouchability in free India has
not succeeded because of inadequate social support. Nonetheless, when law cannot bring
about change without social support, it still can create certain preconditions for social change.
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Moreover, after independence, the Constitution of India provided far-reaching guidelines for
change. Its directive principle suggested a blueprint for a new nation. The derecognition of
the caste system, equality before the law and equal opportunities for all in economic, political
and social spheres were some of the high points of the Indian Constitution
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29 Law And Society:Impact Analysis
Personal information
Age: 28
Sex : Male
Occupation: labour
A. no
A. because my father was filled a case in the court for land recovery, but the police was very
corrupt and the police officer forced my father to cancel the case. We don’t know about
CHANAKYA NATIONA L LAW UNIVERSITY
courts , laws, police very much, because we are very poor and not educated so how can we
fight.
Q. when you have any problem do you try for legal remedy?
A. No
A. we have seen in my villages that it takes indefinite time. No one is sure among us about
the time taken by the judiciary of this country.
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A. Because the police is very corrupt. When we go for complain and for an F.I.R, he demand
some money like 400-500, and no one can predict about the time and the money . We are
poor people how can we manage all those things. We work whole day only for meal of 2
times. We are not so powerful and have support of political leaders.
A. Yes we know but there is a mediator who give us rice, wheat, etc on his own rate, not on
what government fixed.
A. no
Q. Do you know about the schemes running by the government for poor people?
A. no
Q. If you don’t get the facilities provided by the government for your welfare. Then why
don’t you go to the lawyers and courts?
A. We are very poor people , we don’t have much ideas about court process, lawyers ,
litigation, the police is very corrupt, police is the puppet of the politicians .
Personal information
Age: 28
Sex : Male
Occupation: lawyer
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31 Law And Society:Impact Analysis
He told the researcher that there the working of law is to make the equality among the
unequal. The person are deprived by the dabang person and not holding the actual right . this
is the work of law to equalize everyone. To make the situation of rule of law, like eutophia .
when the researcher ask about the reasons behind the unaware of people of their rights and
duties. Then the reasercher got the answer is that the reason is illiteracy. People is not
educated that’s why they don’t know all these things. People don’t want to complain in the
police and they want to bear the losss, because there are some loopholes in the governance,
there are some people who is corrupt, but some educated people come to court. People want
to use negotiate process. People want very easy process for getting justice, they don’t have
time and money. According to lawyer law is not running very smoothly in the society, and
this is impossible to be of 100%. It is only 60%. He said that it is our duty to save everyone
who come to us for justice , so this is our profession.
Personal information
Age: 28
Sex : Female
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32 Law And Society:Impact Analysis
When the researcher talk to a working women named kumari Prity, then the researcher came
to know that the how the police and the railway is corrupt. Miss prity is a government
employee and she everyday use train to cover the distance between her home to working
place. When the researcher asked about the law, she replied that she know what is law, she
know the rights and duties, when the researcher ask about the smoothly running of law in
society then a different scene is came up and she replied she use to go to her working place
from her house by train and she usually see that the Ticket examiner are very corrupt. When
they are on duty of checking the ticket then if someone is travelling without ticket, as it is
usually happen then the , then that officer charged fine but not give the challan or receipt. All
the money collected by that officer is in pocket of that officer. This is the scene of Indian
railway. One police officer on the condition of not to disclose the the identity of that officer
that the polititions are the responsible for the corruption , they use to manipulate the laws
according to them. The officer told to the researcher that we use to take a bribe because our
salary is not so enough to fulfill our needs. The powerful and the rich person is the real
power because thay manipulate the law accordin to their needs. Many times the police
caught the criminals but what happen, the politician calls the police to release that criminals
because he is the worker of his party, he is supporter or may be some relatives of that
politician. According to that police officer the politician and the rich people are the real
power. Rich people with the help of money can do any thing else. Basically they use to rule
on the deprived section of society. One prominent criminal lawyer of hajipur court gives me
his interview but one condition that the researcher wont disclose his name then he told me the
present scene of law. He told me that law is good but the powerful persons made the law to
the puppet of theirs hand. People who are very innocent in nature is not capable to fight a CHANAKYA NATIONA L LAW UNIVERSITY
litigation in our country, because the judgment is not coming very early , and it will take too
much time and money both. The mass of the people of this country is not so rich and not
pursuing the lavish life , they don’t have too much time for litigation because if they do so
they wont have a piece of bread to eat at the ending of the day. How they fight any litigation
for the justice is not possible for all the persons. There is a provision of free legal aid under
article 39A, but how many people know about that , there is alack of good governance in the
society. the government clearly know yhis if the people know the rights yhen they can sue the
politicians, the rich persons, because they the people who is responsible for the corruption in
our society but they are undercovered by the illtracy of the poor people and the fear of the
people about litigation.
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From the above readings, it can be concluded that in the last sixty years, we have seen many
changes such as progress and rehabilitation agitation and classification of social interactions
and social reforms in the society. This workshop’s main objective is to study different aspects
of the criminal justice system in the United States and abroad (including a special session on
Brazil), and their impact on the construction of social and cultural identities, life options and
conditions, and human interactions.
Law is the most important element of the society. It reflects not the professed customs but the
inherent beliefs of the social beings. The statement reveals the eternal bonding of law and
society. Law is a cohesive force providing coordination to the society. If a society is devoid
of law and order, there can be no discipline with chaos and confusion throughout the land and
every person claiming superiority over the other. Law is a system of regulatory activity and it
expresses the will of the entire population.
In the absence of law, people would always be justifying their acts and frequent strider would
crop up which is definitely unhealthy for a society and would prevent the growth of
civilisation.
We all have to agree that law aids in social coordination. Law is an intervention agency (an
instrument for social change and welfare). It is a catalyst for soci-economic development.
Law is basically a complete non- arbitrary institution by itself providing near justice(or total
justice is just an unattainable ideal of state) and ensuring healthy relationship between social
neighbours. CHANAKYA NATIONA L LAW UNIVERSITY
Law is justice-oriented and it provides coordination in the sense that it resolves disputes and
friction in the society as well as wrongs committed against its constituents. In the society
where law get priority conflicts can be settled through natural justice without disturbing the
social integrity or hurting the morality.
Social coordination (or inter relationship between the several social institutions or parties, ne
it individuals, companies, religious groups, political entities and so on) can be achieved,
when peace thrives in a society which can happen when justice is delivered properly. To
avoid complexity several laws have been framed for separate crimes which aims ar natural
justice.
Certain examples in support of the notion could be:
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1. In case of demolition of Babri masjid, the Supreme Court intervened and brought
coordination between the two conflicting religious groups by passing the interim order of
maintaining ‘status quo ante’.
2. Though we establish the intimate relationship between law and liberty, yet it is to be kept
in mind that liberty is not improper unrestrained power of the people amounting to anarchy.
Even the fundamental rights provided in our constitution have reasonable restrictions. So, we
regulate liberty and other social facets like religious groups, linguistic groups, social groups,
economic groups and bring parity among them.
3. Law is the essence of human development as it holds the nation views together. It was the
will of the people which made light to education a fundamental right.
4. The aim of law is to establish a Welfare State. Various laws like environment laws,
consumer protection Act, Domestic Violence Act have emanated for the general good.
5. Non-arbitrariness in the sense that people can always appeal to the higher courts and
the judicial decisions are always for the general good and welfare.
6. Law always strives to provide justice in the human society. unjust laws cannot be
called laws as they pose to the civilization.
7. Law is the mirror reflection of the society. For knowing the ideology of a country or
how its reacts to various problems, one must study the law of the land.
Hence, it could be inferred that law impacts the society at a very large scale. And the relation
between law and society inalienable, where exists a society, law has to come into existence.
And the impacts of law on the society can be clearly seen in every day to day working of us.
Legal system reflects all the energy of life within in any society. Law has
the complex vitality of a living organism. We can say that law is a social science
CHANAKYA NATIONA L LAW UNIVERSITY
characterized by movement and adaptation. Rules are neither created nor applied in a
vacuum, on the other hand they created and used time and again for a purpose. Rules are
intended to move us in a certain direction that we assume is good, or prohibit movement in
direction that we believe is bad. So, we can say that rules had to be change according to the
roles of the society. Law also reflects the society. Such as, in Saudi Arabia law are based on
Quran and Sunni. In Bangladesh property act, marriage act and many other act based on the
Quran and Sunni. Also when emergency arise, then according to the social condition the law
is also changed by the Government. So, we can say that, the relationship between law and
society are interrelated.
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The hypothesis of the researcher is wrong . before doing the research the research hypothyse
that the law is running very smoothly in the society . but while doing the research and the
interview of the lawyer, working people, the poor people researcher came to know the very
different picture. Initially researcher was thought that the law is the biggest weapon of the
society, no doubt it is, but only for the politicians, rich people. They make the law as the
puppet of their hands, they can do anything else whatever they want. Recently in a
prominent newspaper, there was a news in that a boy try to molestate a girl but police
couldn’t arrest that boy due to some political pressure. On the one hand we are talking about
the rule of law , but on the other hand the innocent person cant do anything against wrong, so
where is the rule of law. Is it the law ? no, this is not a law. Law is that rule which show the
equlity of everyone not on the basis of rece, sex, caste, social status, not which show
biasness towards politicians and the influencing peoples. Law must show the rule of law, but
in present scenario where is the law. In the prominent case of Mumbai girl case in that case
the two girls were caught by the police only by the pressure of shiv sena , one girl wrote a
very good thing on her facebook wall and another girl just liked that status. Which was very
true about the bala saheb thakre. Is this a rule of law , no his is not a rule of law this is
monarchy. The people including public servants just ignore the rule of law, even if it is for
acts of or omissions which are not difficult to follow or that they should be a part of the
normal routine. Everyone is in a rush without any kind of concern for the rest. Everyone
wants to be first. Majority have a psyche to bend the law, cross the barricades, whether it be
on the road or in any other walk of life to carve out short cuts for them to pass through and a
psyche to justify their wrongs with a expectation only for others to follow the law and wait
for the day when all other subject themselves to the rule of law so that they could follow suit. CHANAKYA NATIONA L LAW UNIVERSITY
There is no initiative by the government to check such a breach. It is not the rules which are
required for such acts but norms coupled with awareness will suffice. I am not talking about
any kind of formal structure to this but an informal initiative is the need of the hour because
people in India just don’t believe in formal initiatives. From the ordinary traffic constable to
the man driving a bicycle on the road, the pedestrian to the richest all of us as Indian have one
psyche to bend the law, cross the barricades, whether it be on the road or in any other walk of
life to carve out short cuts for them to pass through and a psyche to justify their wrongs with
a expectation only for others to follow the law and wait for the day when all other subject
themselves to the rule of law so that they could follow suit. So, we still are not ruled by LAW
and it will be a long wait without an initiative.
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BIBLIOGRAPHY
Pandey, J.N., Constitutional Law of India, Central Law Agency, Allahabad, 2005.
Jain, M.P., Indian Constitutional Law, Wadhwa Publications, Nagpur, 2005.
Kothari, Rajni, Politics in India, Orient Longman, New Delhi, 1970.
Jha, S.N. & Mathur, P.C., Decentralisation and Local Politics, Sage Publications, New
Delhi, 1999.
Dev Indra, Sociology of Law, Oxford University Press, 2005
Venugopal, T. K ,law and society, sociology for law students, eastern book
company,1st ed ,1988, p. 221-244
WEBLIOGRAPHY
http://faizlawjournal.blogspot.in
http://preservearticles.com
www.law.harvard.edu
www.airwebworld.com
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