A Jurisprudential Appraisal of Law as an Instruement of Social Change in India

The subject of the relationship between law and social change involves extensive jurisprudential, sociological and philosophical discussions and learning done over centuries by a wide range of renowned commentators and authorities. The history of mankind reveals that human wisdom has devised different methods and means to meet the structural changes in the social system which take place with the advancement of knowledge, culture and civilization. Law has always been considered as one of the important instruments of affecting social change.

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 fulfillment of Social Needs, so for the fulfillment of social need, there is a provision by constitutional amendment and this is the responsibility of judiciary that law which violates the constitutional provisions, public interests and fundamental rights should be declared void.

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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 Indian Constitution as a result of social change. It signifies a uniform code of conduct without cast, religion, parentage, community and cultural recognition for all citizens of country and also Artical-21 ‘Protection of life and personal liberty’ as a result of social change.

In the modern era, there has been widespread concern of law as a tool for bringing about homogeneity in the heterogeneous population having socio-cultural diversities. Though there are several devices to bring about a change and reformation in society, but reformation through law is perhaps one of the most effective and safest methods to achieve this end. Social change may be defined as any non-repetitive alteration in the established modes of behavior in society.

Social change is held to occur only when social structure – patterns of social relations, established social norms and social roles – changes. Thus, a change in the established pattern of social relations between racial or ethnic groups in a society would constitute social change, but a general increase or decrease in the amount of economic wealth in a society would not.