INTRODUCTION & BACKGROUND
Law is a system of laws that governs the peaceful coexistence of two people in a social setting. The term “society” refers to a group of people who are bonded together by law, culture, and social conventions. Imagine if we combined our efforts and the law became the catalyst for social transformation, or if “law changed society.” That land causes civilization to change in response to it seems great.
Society is defined by the laws that are passed in that civilization, and it is through these laws that we can distinguish if a society is developed or wild. When the law alters society, it marks the start of the process of social evolution. Law is an effective tool for bringing about societal change in every part of the world. As a result, we renew our belief that the rule of law is critical in addressing changes in social structure and interpersonal relationships. It aids in modernisation and societal transformation. The law establishes the expected behaviour of citizens in a certain community.
It was also created to provide suitable policies and instructions to all of its residents, as well as to ensure that the legislative, administration, and judiciary all worked together in harmony. If the rule of law were to be abolished, chaos would reign, and the righteous would be left to fend for themselves. By moulding society, such as via the implementation of the compulsory schooling system[1], law plays an important role in social transformation.
On the other hand, legislation interacts with social institutions to form a link between law and social change, such as the ban of the social ill of bigamy. “Law is a rule of behaviour imposed by the ultimate power in the state, demanding what is proper and banning what is evil,” writes Blackstone. Law, as defined by jurisprudence, is a set of norms established by society for the administration of human rights. It aids in modernisation and societal transformation.
The law establishes the expected behaviour of citizens in a certain community. It was also created to provide suitable policies and instructions to all of its residents, as well as to ensure that the legislative, administration, and judiciary all worked together in harmony. If the rule of law were to be abolished, chaos would reign, and the righteous would be left to fend for themselves. By moulding society, such as via the implementation of the compulsory schooling system, law plays an important role in social transformation. On the other hand, legislation interacts with social institutions to form a link between law and social change, such as the ban of the social ill of bigamy. “Law is a rule of behaviour imposed by the ultimate power in the state, demanding what is proper and banning what is evil,” writes Blackstone. Law, as defined by jurisprudence, is a set of norms established by society for the administration of human rights.
CONTENTS
When the law changes society, it marks the beginning of the community’s growth. We can use some historical instances to demonstrate this. It was well-considered as a taboo when Savitribai Phule, Mahatma Phule’s wife, began instructing only females. Nonetheless, as the obligatory education system was established, this movement gradually transformed into a source of legislation. Unenthusiastically, society began to send females to school and college, which is an encouraging sign of the beginning of the community’s growth. Similarly, certain places at Aligarh Muslim College were set aside for female students. The law plays a vital role in changing society. Similarly, other cases in law offer social change such as:-
- Regressive people of the Society: In Indra Sawhney v. Union of India,[2] the Apex Court has revolutionized the idea of the ‘creamy layer test’ for safeguarding benefits of social righteousness to the regressive class, deprived people, and omitted persons belonging to the ‘creamy layer.’
- The social evil Bigamy frequently generates social illness. The Apex Court has tautened the trap over those evading penalty by taking a plea of conversion to Islam. In Lily Thomas v. Union of India,[3] the Apex Court held that the second marriage of a Hindu husband after conversion to Islam without having his first marriage dissolved under the law would be invalid, the second marriage would be void in terms of the provisions of Section 494, IPC, and the apostate-husband would be guilty of the offence disciplinary under Section 494, IPC. This judgment of the Apex Court would undoubtedly be cooperative in eradicating the bigamy.
- Burning of Bride: In Paniben v. the State of Gujarat[4], the Apex Court gave fortification to the major girl and boy who have observed inter-caste or inter-religious marriage.
- Caste system and Judicial Process: In Lata Singh v. State of U. P.,[5] the Apex Court has given fortification to the major boy and girl who have observed inter-caste or inter-religious marriage.
- Child Prostitution: In Gaurav Jain v. U.O.I.,[6] the Apex court delivered guidelines for the release and reintegration of child prostitutes and children of the prostitutes.
ANALYSIS
By controlling group remunerations, the law aids society in integrating differences. The law is a progressive vehicle for societal transformation. Women’s conditions are also improved as a result of the law. In light of this, several situations and legislation can be observed.
- Dowry Death: Dowry death is the worse ailment dominant in a society. In Raja Lal Singh v. the State of Jharkhand,[7] the SC said that the suicide of Gayatri is due to dowry-related annoyance imposed on her.
- Judicial process & female foeticide: Restriction on female infanticide distressing inclusive sex ratio and severe chaos in the society. In Centre for Enquiry into Health and Allied Themes (CEHAT) v. Union of India,[8] the Apex Court said that the PNDT Act was ratified by the Parliament five years ago but the court issued for the appropriate execution of the PNDT Act for eradicating this.[9]
- Women Harassment: The Apex Court in Vishaka v. the State of Rajasthan[10] issued that the right to be free from sexual harassment is a fundamental right under Articles 14, 15, and 21 of the Constitution. The Court has allotted rules to be shadowed by the owner for regulating the nuisance of women at the workplace.
- Immoral trafficking: Immoral trafficking is an extensive social disorder. This is an entrenched whose control is necessary. In State of Maharashtra v. Mohammad Sajid Husain,[11] the Court has forbidden the plea for bail to the convicts who drive the minor girl to flesh trade.
- Offending Modesty of Woman: In Kanwar Pal S. Gill v. State (Administrative U. T. Chandigarh)[12], the accused hit on Mrs. Rupan Deol Bajaj, an I. A. S. officer, in front of other people. The suspect was the D.G.P. of the State of Punjab. The CJM condemned him under Sections 354 and 509 IPC. The Apex Court discharged the appeal filed by the accused.
For the law to be successful, it needs to be consistent. It would not be right if regulations were applied differently to various people, and the legislation would be regarded as unjust or illegitimate. It would result in ineffectiveness since the people would no longer trust the law to be implemented to them, causing chaos. In such circumstances, society must raise its voice on its own. In many circumstances, society alters the law. The legislature is said to be able to change the legislation according to its necessity. When society alters the law, it blossoms into a new stage of growth.
The willingness of the people can be seen in the ‘Nirbhaya case,[13]‘ when ordinary people argued how the law should be amended for their safety and protection, as well as what penalty should be handed to the rapist. As a result of these acts, the government was forced to establish a directive to solicit proposals, and the criminal law amendment bill was born. As a result, society’s claim grows in strength, prompting the government to change existing laws, enact new laws, or repeal the current unjust laws.
Bangladesh can also be used as an example. The Taliban invaded because of the country’s weak law and order—it was only because of this that the Taliban took control of Afghanistan, putting the country’s women and children at risk. When the law harms society, society rises up to speak out against it. We’ve lately seen a number of examples where society is concerned about their rights, and the legislation has to be amended as a result. Even yet, as long as the regulating procedure between law and society remains on an equal footing, there is no threat. Even so, if law dominates society and society is stripped of its core fundamental rights, the society, its people, and the countries around them are doomed. To function efficiently and effectively, a balanced relationship between law and society is required.
CONCLUSION
Law is a set of rules and tactics that are enforced by social institutions in order to manage performance. It serves as a social mediator and describes the governance, finances, and culture in a variety of ways. If the harm is made illegal by law, criminal law allows the offender to be prosecuted. Constitutional law lays up the framework for establishing the rule of law, safeguarding human rights, and choosing political representatives.[14]
The legal response to a certain social or technological challenge may exacerbate the problem or make it easier to resolve. Law must acknowledge that societal flaws are interconnected rather than separate. Self-esteem, independence, equality, and justice are all ideals that society must maintain. However, relying on the law to change people’s behaviour is frequently risky and short-sighted. Rather than a rapid technical cure, we need significantly alter social relations such that good performance emerges naturally in the context rather than as a result of legal intimidation or legal ambiguity.
There is a need for change in legislation since what is now must be different from what will be tomorrow. The social erection focuses on constant change. Society is a dynamic phenomenon, rising, decaying, repairing, and requiring conditions to be modified, as well as undergoing significant changes throughout time. The term refers to a change in anything recognised over time.
In certain ways, law influences society, but it is also necessary for society to influence law in order to preserve consistency. When the law is in charge of society’s growth, society is also in charge of law and order’s good functioning. As a result, the governance concept must be put to the test in terms of justice, equity, and fairness.
Author’s Name: Charu Soni (Symbiosis Law School, Pune)
[1] Right to Education Act, 35 § 21A [2009].
[2] Indra Sawhney v. Union of India AIR 1993 SC 477.
[3] Thomas v. Union of India, AIR 2000 SC 1650.
[4] Paniben v. State of Gujarat, AIR 1992 SC 1817.
[5] Lata v. State of U.P, AIR 2006 SC 2522.
[6] Gaurav v. Union of India, AIR 1997 SC 3021.
[7] Raja Lal Singh v. state of Jharkhand, S 304 B IPC.
[8] CEHAT v. Union of India AIR 2001 SC 2007.
[9] ‘Judicial process on Instrument of social ordering’ (20 march 2021). <https://jpinstrumentofsocialordering.blogspot.com/> accessed on 23 December 2021.
[10] Vishaka v. State of Rajasthan AIR 1997 SC 3011.
[11] State of Maharashtra v. Mohammad Sajid Husain AIR 2008 SC 155.
[12] Kanwar Pal S. Gill v. State [Administrative U. T. Chandigarh] 354, 509 IPC.
[13] Mukesh & Anr v. State for NCT of Delhi & Ors. [2017] 6 SCC 1.
[14] Kishan Tiwari, Importance of law in society, (Desire, 1 February 2017), <https://legaldesire.com/article-importance-of-law-in-society/> accessed on 23 December 2021.
