DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

LAW AND SOIAL JSUTIE

SOIOLOGY

SIR LAMIPATI RAJU

PALAK RAWAT

Roll No. 2018059

SEM 1

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 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher SIR LAMIPATI RAJU
who gave me the golden opportunity to do this wonderful project on the topic (LAW AND
SOIAL JSUTIE), which also helped me in doing a lot of Research and I came to know about
so many new things I am really thankful to them.

Secondly, I would also like to thank my friends who helped me a lot in finalizing this project
within the limited time frame.

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 PROJECT SUMMARY
In this project, we are going to show how rule which aroused in case of Bolton vs Baker was
used as a precedentin case of Barclay vs Penberthy.

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AIMS OF THE STUDY/SIGNIFICANCE OF STUDY
The aim of our study is to make people understand how law and soial justie are orelated and
how present law aims at providing soial justie.

RESEARCH METHODOLOGY
Doctrinal

SCOPE OF THE STUDY

Wide

LITERATURE REVIEW

PRIMARY SOURE – Books on law and soial justie

Books on women and soial justie

SEONDARY SOURE-

Artiles on women, hildren and law and how are they ensured.

Legislations

 IVIL RIGHTS PROTETION AT

 PREVENTION OF ATROITIES AT
 JUVENILE JUSIE AT

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Contents
WHAT IS SOIAL
JUSTIE…………………………………………………………………………………………………………………….
GENDER AND SOIAL JUSTIE………………………………………………………………
LAW AND SOIALHANGE………………………………………………………………………………………………………………
THEORIES .......................................................................................... Error! Bookmark not defined.
LAW AS INSTRUMENT OF SOIIAL HANGE................................. Error! Bookmark not defined.
EFFIAY OF LAW ............................................................................... Error! Bookmark not defined.
FREE EDUATION IS A FUNDAMNTAL RIGHT ................................ Error! Bookmark not defined.
SOIAL HANGE AND PUBLI INTEREST LITIGATION IN INDIA.... Error! Bookmark not defined.
ONE HILD POLIY OF HINA ................................................................. Error! Bookmark not defined.
ANTI DOWRY LAWS .................................................................................. Error! Bookmark not defined.
SAME SE MARRIAGE ...................................................................... Error! Bookmark not defined.
HOW DOES IT PROTET THE WORKERS ...................................... Error! Bookmark not defined.
WORKERS WORTH .......................................................................... Error! Bookmark not defined.
BHOPAL GAS TRAGEDY ................................................................ Error! Bookmark not defined.
NEW LAWS TO PROTET ENVIRONMENT................................ Error! Bookmark not defined.
LABOUR LAW AND SOIAL JUSTIE ........................................... Error! Bookmark not defined.
LEGISLATION FOR SOIAL JUSTIE
THE PREVENTION OF ATROITIES AT
THE VIL ROGHTS AT

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THE HILD LABOUR PROTETION AT
VI. CONCLUSION.............................................................................. Error! Bookmark not defined.
VI. BIBLIOGRAPHY.......................................................................... Error! Bookmark not defined.

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What is social justice?

The concept of justice has several dimensions. It is one of the cardinal virtues of the rational
individual in his or her dealings with others; it is the bedrock of the legal system; and it is the
critical point from which judgement are made over the various ways in which society functions.
Underneath these different dimensions and fields of application, a common unity of meaning
exists, if justice is simply defined as “giving each their due”. On that definition, social justice is
the kind of justice that is to be achieved when the social arrangements make it possible for
everyone to receive their due. Whilst there are many dimensions to justice in general, social
justice is concerned more specifically with the just distribution of resources resulting from the
economic, political and cultural organisation of the community. Questions about social justice
are therefore questions about the organisation of just distribution in society, it denotes “the just
state of affairs ... in which each individual has exactly those benefits and burdens which are due
to him by virtue of his personal characteristics and circumstances” (Miller 1975, 20), or in Rawl’s
famous statement: “the adequate repartition of benefits and burdens arising from social
cooperation.

Even though philosophical reflection on justice has from the beginning identified the
distributive dimension inherent in it (Aristotle 2000), the issue of a just distribution of social
benefits and burdens was only identified as a problem with the rise of market societies, in
which on the one hand basic individual rights were granted to ever greater sections of the
population, whilst on the other capitalistic forms of work organisation and the attendant social
structure

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created such extreme forms of economic and social inequality that they were increasingly
put under the pressure of justification, were increasingly deemed unjustifiable. In brief, it is
not inappropriate to claim that the question of social justice arose with the rise of the “social
question”.

Objects of social justice

Human beings differ in “natural” sorts of ways by having varied, diverging types of intellectual,
bodily and emotional endowments. To this initial “natural” form of inequality, social life adds a
second kind of differentiation between individuals. Human beings are forced to cooperate, not
only to survive, but indeed to flourish and bring their life projects to fruition. Social cooperation
brings about a distribution of all sorts of goods and “bads”. Following Rawls, a received term to
describe those goods produced by social life is that of “social primary goods”. They are the
goods over which society has a direct control, as opposed to “natural” endowments like health
and intelligence over which social life merely exerts an influence (Rawls 1999, 54). The list
includes “rights, liberties, wealth, income, opportunities, and forms of social recognition at the
basis of self-respect”. To these can be added the “bads” that are inherent in social life, like
degrading or dirty work.

However, the “shares” produced by social cooperation are not distributed equally. The
division of labour inevitably brings with it an unequal distribution of shares: of employment and
unemployment, of the benefits of production in the form of a disparity of income and wealth, as
well as in the access to more or less valued professions and types of activity. Many types of
goods are distributed across society in direct relationship to the material and symbolic rewards
attached to the division of labour, like educational opportunities, health resources, access to
cultural resources, and so on. Attached to this distribution of wealth, statuses, life chances and
opportunities across society, cultural value systems, notably around race and gender, combine
to produce a certain pattern of distribution of benefits and burdens that define individuals’
overall life chances and opportunities for self-development.

The question of social justice arises in relation to this distribution of life chances,
because of a specific conundrum of modern, market societies. On the one hand, some principles
of fairness are already at play implicitly in the very organisation of labour and society’s cultural
patterning, constraining and co-determining the existing institutions and processes involved.
And yet, because the distribution of benefits and burdens is unequal, the gap between a full

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realisation of those principles is only too obvious to see, expressed in phenomena of inequality

poverty and all forms of discrimination (racism, sexism), demanding a full making explicit of the
principles of social justice.

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What is "due" by society to individuals?
The first set of issues arising from the demand for social justice in modern societies centres on
the criteria by which social goods are to be distributed fairly. Three principles guide possible
redistribution based on the entitlements individuals and groups can claim on society as
something due to them: entitlements understood as rights; as based on individual needs; or, as
something that they deserve.

The discussion touches first of all on the proper definition and interpretation of each of those
principles, on whether any of the three can be reduced to another principle, and how they are
to be articulated with each other.

All contemporary theories make rights an indispensable foundation of social justice,

indeed, in many accounts, social justice is synonymous with the claiming of rights. One
particularly strong account in contemporary political thought follows the classical Kantian
definition of rights as material expression and entrenchment of moral autonomy, of an
individual’s status as ‘end in itself” based on the latter’s capacity for freedom, but characterises
this autonomy in the terms of ‘self-ownership’, and by derivation makes ownership, in other
words property rights, the direct expression and extension of an individual’s autonomy. On such
an account of rights, any redistributive mechanism is an encroachment upon freedom and
therefore constitutes a fundamental injustice (Nozik 1974). Consequently, the fact of socially
produced inequality is not sufficient by itself to justify redistribution. Emphasising the link
between rights and social justice can lead to a rejection of the link between justice and
redistribution. By contrast, egalitarian accounts that focus on the modes and justifications of
redistributive mechanisms assume that fundamental rights are to be secured and entrenched in
the “well-ordered society” and conceptualise individual entitlements on social wealth and
socially produced opportunities as goods upon which disadvantaged individuals have rightful
claims. In that case, the link between social justice and rights is again inherent, but in a very
different sense and with very different political outcomes.

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 A second principle to organise a fair distribution of social primary goods is that the latter
should reward those who deserve it, have earned it: greater income for those who have worked
harder or produced more, or produced socially valued goods; a high social status for those who
have achieved socially valued activities; educational opportunities, for instance entrance to
university, for those who have proven their worth at an earlier level of study, and so on. The core
problem here revolves around the criteria by which social achievements are to be measured. A
basic alternative lies between the reward of effort spent, as opposed to the value of the social
contribution made. Discussions on this are as intractable as the intuition is pervasive, that social
justice consists to a significant extent in giving their due to those who deserve it.

One particularly significant mode of elaborating the principles of merit is through the
principle of equality of opportunity. Equality of opportunity represents a core element of a
contemporary understanding of social justice. The principle elaborates on the idea that, in
situations where opportunities have been equalised through the removal of discriminations based
on gender, race or any other unjustifiable criterion, those who acquire a greater amount of social
goods through their own decisions and actions are entitled to them. Indeed, it would be an injustice
to deny them the benefits that have accrued from their own actions, and it is in fact one of the
main stakes of justice to strive for a state of society in which discriminations have been abolished so
that each individual can strive to secure the social goods attached to his or her own life plan.

This central principle however runs up against a central objection of contemporary political
philosophy: namely, the fact that natural inequalities are as little relevant in moral terms as socially
produced ones. Accordingly, it is actually mistaken to assume that greater achievements, however
they are defined, simply ought to attract greater social rewards, if they are based on capacities that
have simply been inherited. Much theorising in contemporary political philosophy has revolved
around the invention of schemes aiming to address the morally adequate redistribution of social
shares once social and natural inequalities have been identified as the hurdles to full social justice.

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GENDER AND SOIAL JUSTIE

Indian Situation: Social Justice and Gender Justice Introduction:

In South Asia including India, common patterns of structural constraints and resultant exclusion
are evident. These structural constraints deny rights and agency to poor people more generally,
and, to women more specifically.
India is characterized by high levels of female deprivation starting from the right to life itself.
This is acutely manifested in the declining sex ratio in many states where the female population
is declining. Indian societies are highly unequal and that these inequalities are structural and
historical. Inequalities based on caste, class, ethnicity and gender, for example, have created a
virtual situation of apartheid in which access to justice and to equal citizenship remain
unattainable for the majority of people.
High levels of inequality are kept in place by the social and economic dependence of
marginalized groups. State protection and promotion of social and economic rights has been
inadequate and for the most part absent. For women from marginalized groups, and especially
those living in poverty, this has meant reliance on family (especially marriage), kinships and
community to access social goods and economic opportunities. The result is that more women
than men in poor groups are illiterate, are less likely to receive medical attention when sick and
are recruited into the labour market on unequal terms. Gender discrimination is an all pervading
phenomenon of Indian families cutting across the lines of caste, creed and class. The
discrimination against women is spread widely in areas of education,employment and health.
Most of the women‟s work, inside the house goes unnoticed and unremunerated. Even outside
the family they remain underpaid.

Gender Discrimination in Indian Family

Gender discrimination can be seen in all walks of life cutting across the caste, class, ethnicity,
race and religions. According to statistics from the United Nations “Women constitute 50% of
the World population, do two-thirds of the work, get 10% of the total income and own 1% of the
total assets”. While this is a global fact, the picture is much more pathetic in India.

Today female infanticide is being replaced by foeticide. Discriminating against women has
reached such a climax that it has penetrated into the protective womb of the mother.
Technological advancement instead of acting a beneficial to human being is impending the
development of a equitable social order. Gender discrimination in family takes many different
forms: denial of nourishment, health care, education, being pushed into domestic chores, a whole
host of marriage related violence such as early marriage, dowry deaths-the list is endless. On the
other hand in the nuclear family where the man and the wife reside together will give much more
freedom and equality to women.

As a wife and as a mother, a woman is solely responsible for running the family, taking care of
all the needs of every other member, with the least time and energy to take care of herself. Work
and responsibility given to the woman are undue but when it comes to decision making, the man
takes the upper hand. In decision-making process, she is relegated to the background as she is
considered less knowledgeable. Children living in this environment and witnessing the

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differential role pattern of the man and the woman, learn the lessons of gender inequality right
from their childhood and the pattern is bound to continue generation after generation.

Any attempt at eradication of gender discrimination will be a failure if the discrimination within
the family is not attended to. Wiping out discrimination from the family will be an uphill task, as
it cannot be achieved by legislation or any other forceful means. Change in the family will come
about, only when the family members realize that it is not only the women but the entire family
that suffers due to their unjust practice. With empowerment, self-confidence and independent
spirit, a woman can fight injustice. However, in recent years, with the impact of urbanization and
modernization, change from unilateral to bilateral family decision – making or a shift toward
egalitarian ideology is taking place.

Education

Education is the key to achieving equality, justice and democracy in every day life and a
guarantee of a sufficiently broad basis for recruitment to decision-making positions. Education,
both formal and non-formal, in schools, in the family, through mass media and social
institutions, is the most important process by which people can gain the values, attitudes and
behavioural patterns of a culture of peace. Education is the leading modality to promote a culture
of peace, provided however, that the education include the excluded, is relevant to different
socio-cultural contexts, is of high quality, is gender-sensitive, (i.e., recognizes the differences
between women and men, honours their fundamental equality, seeks to overcome gender
inequities) and encourages inter-personal, inter-cultural and inter-national dialogue.

Without equal educational opportunities or skills and qualifications, women of certain classes
and social groups have over the years been condemned to inferior status, specially in their
personal development, in their choice of work, as citizens, and in their power to influence
government leadership, and decisions. One aspect of unequal relations of society, the world over
and in our country, is the disadvantaged and marginalized position of women and girls in
education, and specifically in higher education. One of the main reasons for the majority of the
girls not being able to take up higher education is the weak base i.e. at the school stage,
particularly in the rural areas. Added to this are, economic deprivation, lack of motivation and
strong patriarchal attitudes against girls education.

In India, historically women's disabilities have been well-known social checks and retarding
factors on the progress of society. In the current Indian debate on economic development and
social change the importance of women's education has increasingly come to be realized. The
nation can ill-afford to neglect virtually half of its human resource. It is now empirically
established that women's education is a single cure for a thousand societal ills. The inverse ratio
between female literacy on the one hand, and population growth, infant mortality, maternal
mortality, mal-nutritional, and lower productivity on the other has come to be accepted.
Women's education has demonstrated the efficacy of the literacy-route to population-control.
Education of the girl child has rightly been perceived as an indispensable and important
component of social empowerment which alone would enable the civil society to exact due
performance from the political society. Indeed, in a well researched and far-reaching study on
India's economic development and social change, the role of female literacy in promoting basic

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capabilities has been forcefully presented indicating that liberated participation of women in the
economy is an essential component of success. This element, according to Jean Dreze and
Amartya Sen has made the State of Kerala a significant study in contrast with the State of Uttar
Pradesh. There is striking inter-dependence between the role of the agency of women and
expansion of literacy.

Adult education is crucial for women to keep up with new challenges and to compensate for past
educational deprivation. Distance education has proved to be of particularly value to women,
who often are less geographically mobile than men, due to family obligations and cultural
factors. Despite recent improvements, the present gender imbalance in educational opportunities
is a challenge to concepts of justice and development. It is equally a challenge to peace. India
deserves literate women and men, critically and constructively participating in shaping our
common future.

Health

Sound health is not a day‟s product. In India women generally neglect their health since the
beginning due to negligence and ignorance. Gender plays a significant part in determining
physical well-being and access to health care. The Indian women‟s health situation is quite
different from that in the West, greatly due to their dietary habits, living standards, life styles and
environmental factors. Her health status is affected by complex biological, social, cultural and
religious factors that are highly interrelated. India being predominantly patriarchal society
women have lesser share and access to health care. They are discriminated in terms of nutrition,
care recognition, treatment and prevention. All these factors culminate when women attain their
old age.

Neglect of women, particularly girls, is a black mark on our society. As the Regional Health
Report of WHO for 1998 points out, 74 million women in South Asia are simply missing.
Equally, this is the only region in the world where men outnumber women in the total
population. According to prominent economist Amartya Sen a detailed comparison of mortality
rates, morbidity rates, hospital care and nutritional attention made in India confirm a fairly
decisive picture of the systematical deprivation of women in large parts of the country especially
rural India.

The health of women is worsened when it is associated with poverty, illiteracy, rural
background, lower caste, widowhood, desertion, disability, single marital status or childlessness.
This condition is worst in the northern states of India, where low female literacy, combined with
low social status of women, has resulted in keeping them oppressed in the name of community,
culture, tradition, family honour and religion. In areas where women and girls are neglected,
their health status is obviously negatively affected.

Areas with low levels of female literacy have high rates of maternal mortality, infant mortality,
birth and cases of female foeticide and dowry deaths. When gender discrimination has been
socialized and internalized, it is no longer visible to the gender insensitive.

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Efforts at building a gender perspective and gender sensitization in health care and development
has repeatedly met with resistance from patriarchal structures. Men continue to control decision
– making, limited family resources, women‟s sexuality, freedom of movement, access to the
world outside the home, etc. Under these circumstances, women remain totally dependent and
powerless, unless they find strength within, or support from the outside. Women need a
supportive environment to ensure that they are fed adequately, are educated and can make
decisions regarding their life and their children.

Differences in nutrition, educational opportunities, freedom of movement etc., between children

of different genders within the same family, are not seen in societies in which women are treated
with dignity and accepted as equal partners. A high rate of female infant mortality, fertility,
maternal mortality and low female literacy, female nutritional status, age of marriage, have been
noted in places where women have a low social status.

Serious efforts have not been made to improve the physical, mental, social and economic health
of women. In spite of overwhelming constraints, women have struggled to survive, raise
children, build homes, provide health care and nurture their family. It has neither been
recognized nor appreciated that it is the labour, the perseverance and the caring provided by its
women that sustains the world.

Employment

The sexual division of labour is prevalent in the society. But, there isnothing “natural”
about the sexual division of labour. The fact that men andwomen perform different kinds of work
both within the family and outside has little to do with biology. Only the actual process of
pregnancy is biological, all the other work within the home that women must do-cooking,
cleaning, looking after children and so on – can equally be done by men. Unfortunately this work
is considered to be “women‟s work”.

This sexual division of labour is not limited to the home, it extends even to the “public” arena of
paid work, and again, this has nothing to do with “sex” (biology) and everything to do with
“gender” (culture). Certain kinds of work are considered to be “women‟s work”, and other kinds,
men‟s, but more important is the fact that whatever work that women do, gets lower wages and
is less valued. For example, nursing and teaching, particularly at lower levels, are predominantly
female professions and are also comparatively ill – paid in relation to other white – collar jobs
which the middle classes takenup. Feminists point out that this “feminization” of teaching and
nursing isbecause such work is seen as an extension of the nurturing work that women do within
the home.

In terms of horizontal segregation, women are concentrated in low –paying positions such as
secretary, typist, beautician, nurse, caregiver and assembly – line worker. “Equal work but
unequal pay” is still a common practice in India‟s private sector.

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Employment of women in the unorganized sector has still not ensured them support services like
child care, health care, equal remuneration and most of all promotional avenues. Women
predominate the lower hierarchies of employment and rarely move up to managerial and decision
making positions. These are yet areas of concern.

Even for women employed in the organized sector, child care service is very conspicuous by its
absence. Very scanty service is available in some urban areas. The reproductive role of women
and the frequency of child bearing pushes them out of the labour market in a substantial part of
their productive period. This hampers their economic contribution very significantly. The
increasing awareness of family planning will be a measure of empowerment for women,
releasing them for activities of their choice for a longer period of their lives.

Another major deterrent for women‟s employment is the lack of infrastructure for drinking
water and fuel which occupies substantial part of their time for collection. Since water and fuel
are essential for living, often they can consider employment only after their time is allotted for
collection of water and fuel. These areas are slowly receiving attention. But we are far from any
satisfactory solution.

Women form an important part of the informal economy in almost all countries – both in terms
of the number of women engaged and in terms of their contribution to the output of the informal
economy. Given the nature of activities (home based, street vending and other self employment
ventures), women‟s contribution in all likelihood gets underestimated.

In India, women comprise about one third of the working force. The number of women workers
employed in the unorganized sector is higher in rural areas than in urban areas, a majority of
them working in the agriculture sector. In urban areas women are engaged in a variety of
occupations like petty trades such as vegetables sellers, flowers sellers, ironing, construction
workers, domestic maids etc. Since most of the activities in the unorganized sector generally
require less skill and education, and are of a traditional nature, a significant proportion of women
workers in India are in this sector.

In urban areas, over 80 per cent are working in the unorganized informal economy where
earnings are extremely low, hours of work long, no paid leave, no medical insurance or pension
or any other social security benefits. Working in the informal economy often becomes hazardous
for undernourished women workers, especially for children and adolescents.

Working as home based workers in household industries, domestic workers, petty trades,
services, construction sector, etc. women contribute significantly to the national economic
growth as also to family welfare. Yet, their contribution is not adequately recognized; neither are
their gender specific problems adequately addressed. They remain largely unorganized, unheard,
underpaid and under-represented.

General educational deprivation and social injustice are common to both men and women
amongst the lower and deprived castes. While this is generally true, it is also equally true that
when these castes are provided with affirmative laws to better their prospects, men, rather than
women, are likely to take advantage of things like reservation in educational institutions and

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government posts for backward classes (as backward but not dalit castes are called). During the
entire debate about reservations for the backward classes during the 1980s in India, not many
asked if women from these castes would benefit equally from the proposed measure. It was
assumed that social justice was a gender – neutral idea. In other words, the typical backward
class person was imaged as male, in spite of the fact that one of the criteria for determining
backwardness is the educational status of women in a particular caste or backward class group.
Thus no one insistedthat a crucial component of affirmative action should be gender justice, so
that as many women as men would benefit.

Law and Social Change

The abstract idea of '' social change'' evinces dimension of some of the characteristics of a group
of people. If any action which affects a group of people who shared values or characteristics can
also be said as ''social change.''

Generally, the change in existing pattern of social life is known as '' Social Change''. Society and
social conditions never remain static. Generally, social change is to be understood as change in
social structure. According to Gainsberg, social change is change in social structure e.g the size
of a society, the composition or balance or its part or the type of its organisation. According to
Jones, ''social change devotes variation in, or modification of , any aspect of social process,social
patterns, social interaction or social organisation.'' Davis observed that social change is large
number of persons are engaging in activities that differ from those which their immefiate fore-
fathers engaged in some time before. According to Anderson and Parker, social chnage involved
alteration and structure or functioning of forms or processes themselves.

Social change means there is must change in social structure. Social structure which can be
understood as nature, social behaviour, social relations, social organizations, community of
people. Social change is change in the social order. According to Charles L. Harper, ''"significant
alteration of social structure and cultural patterns through time."

In this context, I deem it is apt to remember, the observation of Dennis R. Fox:

''Well-meaning efforts by liberal psychologists to reform the law in keeping with values such as
dignity, privacy, justice, and equality are often misguided because law exists to serve the status
quo. Law inhibits the systemic, radical social change necessary for psychological and societal
well-being. It does so through coercive power, substantive assumptions about human nature, the

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ideology of law's legitimacy, a preoccupation with procedure rather than substance, a focus on
rational technicality rather than equity, and encouragement for limited, self-defeating legal
solutions. Psycholegal scholars should arouse public dissatisfaction with law and assist social
movements seeking to overcome legal impediments to social change.''

The theories of Social Change:

1. Linear theory of social change
2. Cyclic theory of social change.

Anthony Giddens observed social change as infra:

Sociology was born of the transformations that wrenched the industrializing social order of the
West away from the ways of life characteristic of preceding societies. The world that was created
by these changes is the primary object of concern of sociological analysis. The pace of social
change has continued to accelerate, and it is possible that we stand on the threshold of transitions
as significant as those that occurred in the late eighteenth and nineteenth centuries.

Law as a means of social control:

Two fold objectives of law to serve is, firstly, to keep up stability and afford orderly life in the
society. Secondly, to persuade social change by changing itself according to the needs of the
changing society. Thus , law is an important agency of social control. The society supervenes the
law for bettermost socialization. Rule of law in any constitution is the bedrock for democracy.
By putting fear in th minds of public, the law is a helpful agency for social control. Law
regulates the behaviour of the people in society. Law, by using force, makes the people
conscious about their duties and obligations. Law saves precious and good concepts of the
society. The exploitation of the people is curbed through law. The constitution of India, criminal
, civil laws and other statutes are designed to surmount this goal.

Law as an instrument of social change

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 change,

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 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]. Social change through litigation has always been an important feature in the US.
Whether the change produced by such action is considered ‘constructive’ or ‘destructive,’ the
fact remains that law can be a highly effective device for producing social change.

The efficacy of Law as an Instrument of Social Change

As an instrument of social change, law entails two interrelated processes:

the institutionalization and the internalization of patterns of behavior.

 Institutionalization of a pattern of behavior refers to the establishment of a norm with

provisions for its enforcement (such as desegregation of public schools).
 Internalization of a pattern of behavior means the incorporation of the value or values implicit in
a law (eg. Integrated public schools are ‘good’).

The extent to which law can provide an effective impetus for social change varies according to
the conditions present in a particular situation. Evan suggests that a law is likely to be
successful to induce change if it meets the following seven conditions:

1. Law must emanate from an authoritative and prestigious source

2. Law must introduce its rationale in terms that are understandable and compatible with existing
values
3. Advocates of the change should make reference to other communities or countries with which
the population identifies and where the law is already in effect
4. Enforcement of the law must be aimed at making the change in a relatively short time
5. Those enforcing the law must themselves be very much committed to the change intended by
the law
6. The instrumentation of the law should include positive as well as negative sanctions
7. The enforcement of the law should be reasonable, not only in the sanctions used but also in the
protection of the rights of those who stand to lose by violation

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Law as an instrument of Social Change

Sarungbam Lucy

“If the law fails to respond to the needs of changing society, then either it will stifle the growth of
the society and chock its progress or if the society is vigorous enough, it will cast away the law
which stands in the way of its growth. Law must therefore contently be on the move adapting
itself to the fast changing society and not behind”. – Justice Bhagwati.

There are two sides of each coin; similarly, each act of any person is also, either good or bad, and
it is the rule, since existence of the society; good (dharma, or satya) has to be accepted and the
bad prohibited (evil, a dharma, asatya). This rule still exists and shall be till the end the
civilization. Earlier, society was customarily based on Morals. But, as soon as society is replaced
by the state, morality too gets replaced by the law. If, we want to change any existing custom or
behaviour in society, it should be changed by the instrument of law only, otherwise not.

The law and social changes is a unique subject and studies the social problems of the society and
their solutions here, through legal approach. In fact, there are two modes of changing law. First
is, “law changed the society”; which means that the law of the land compels the society to be
changed according to the law. When any dispute involving the question of law, came before the
judiciary, the judiciary on the basis of rule of law, forced the society to change itself the existing
custom or law .Second is, “society changed the law”; it means law is made by the society
according to its requirement by its democratic instrument. i.e. Legislative or by adopting custom
and usage. The prime function of the legislators is to enact the laws, according to the desire of

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society. Whenever any question arises in court of law regarding t validity of that law if court
finds that constitutional, moral, and just then holds it valid but if not so then declares it invalid
and unconstitutional.

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 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 Indian Constitution as a result of social change. It
signifies a uniform code of conduct without caste, religion, parentage, community and cultural
recognition for all citizens of country and also Article-21 ‘Protection of life and personal liberty’
as a result of social change. In Article- 21 new prison jurisprudence right to Speedy Trial, Right
to Free Legal Service, Right to Human Dignity, Right Against Torture have been made some of
the components of the fundamental rights. Law is a medium through which social objects can be
achieved. So, change of law is must with social changes, otherwise law will be of no value.

Social Change:

Indian judiciary has generally been found to be alive to the needs of change happening in social
thinking. By giving due consideration to the same while interpreting statutes in particular cases,
the court have brought out their fresh implications and thereby added new dimensions to the law.
In the process, new social interests are furthered and protected. Judicial action as determined in
part by the subject matter and in part by the judiciary’s responses to changing facts or social life
helps in recognitions/silent evolution of new law.

The path of social change in India has been charted-out by the constitutional provisions of the
preamble, the Fundamental Rights and the Directive Principles. These norms have been set by
“we the people of India” before themselves are prescribed in the trilogy of the Constitution, and
which have been described to be the conscience of the constitution.

The preamble of the Constitution secured to its all citizens Justice – social, economic and
political, liberty, equality and fraternity. According to Art.13 (2) – “the State shall not make any
law, which takes away or abridges the rights conferred by Part-III and any law made in
contravention of this clause shall, to the extent of the contravention, be void.”

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Law as an instrument of social change:

It is correct that law is an instrument of social change, law changes its shape according to the
requirement of society or society changes the law through enactment of statutes. In India, every
session of Parliament and State Legislature introduces the Bills to amend the Act(s) or enact
Act(s). On the other hand, where, any question of facts comes before the court, judiciary
(especially higher judiciary) is interpreting the law according to the requirement of society.

Social changes are necessary within society for development. But this change can be made by the
tool of law otherwise; it is very difficult to clear the hurdle of custom and usage. The society is in
the habit of doing the things, if you want to change that, then law is the strongest instrument. If
law prohibits any act, then it has to make it punishable. In India, law prohibits the Sati, child
marriage, child labour, bonded labour, and advocates free and compulsory primary education,
video-conferencing as valid witness, maintenance to Muslim women and children, intra-state
adoption, rehabilitation of the child of prostitute, prostitute are victim not accused, protection of
women from sexual harassment at working places, compensation to the victim of crime, etc.

Free education is a fundamental right:

The Hon’ble Supreme Court held that the right to education is a fundamental right under Art.21
of the Constitution, which cannot be denied to any citizen by charging higher fee known as
capitation fee. The right to education flows directly from the right to life. The right to life under
Art.21 and the dignity of an individual cannot be assured unless it is accompanied by the right to
education.

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The five Judges bench by 3-2 majority partly agreed with the Mohini’s case decision and held
that right to education is fundamental right under Art.21 of the Constitution as it directly flows
from “right to life”. But as regards to its content, the court partly overruled the Mohini Jain’s
decision and held that the right to free education is available only to children until they complete
the age of 14 years, but after that the obligation of the State to provide education is subject to the
limits of its economic capacity and development. The obligation created by Arts.41, 45 and 46
can be discharged by the State either by establishing its own institutions or by aiding,
recognising or granting affiliation to private institutions. Private education institutions are a
necessity in the present day context.

The legislature has amended the Constitution, by introducing Art.21A and made right to
education, free and compulsory for children of the age 6 to 14 years. On the other hand, Art.51A
(k), imposes the duty on every parent or guardian to provide opportunities for education to his
child or ward between the age of 6 and 14 years.

Social Justie and Public Interest Litigation in India

Social change is the necessity of any society. In India it is done through Public Interest
Litigation. In this article an attempt was made to assess the impact of PIL over Indian Society.
The jurisprudence of PIL is necessary to understand the nature of PIL in India. Such is the
disillusionment with the state formal legal system that it is no longer demanded by law to do
justice, if justice perchance is done, we congratulate ourselves for being fortunate. In these
circumstances one of the best things that have happened in the country in recent years is the
process of social reform through Public Interest Litigation or Social Action Litigation. Late

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1970s marked discernible shift from legal centralism. Legal pluralism was very apparent now. It
was realized that social conduct was regulated by the interaction of normative orders, notion of
popular justice, community justice, and distributive justice were sought to be institutionalised,
though outside the sphere of the formal legal system and in opposition to it.

3. The problem of substantive impact of changes in the family law marriage, equal rights of
women to inheritance and dowry.

For purposes of constitutional competence, these actions are characterized as those coming under
the writ jurisdiction of the Supreme Court of India under Article 32 of our Constitution and the
various High Courts, under Article 226. The traditional extent of writ jurisdiction was of course a
colonial inheritance from the British-era and the remedies that could be invoked were those of
habeas corpus, quo warranto, mandamus, prohibition and certiorari.

Law and Public opinion:

The law , which is molded through public opinion is thus the result of state action in accordance
with the public opinion. Here it is necessary to remember that when Rajiv Gandhi government
waned to bring defamation bill, because of the opposition to the bill in the public, the
government dropped the idea. The public opinion is the reflection of the Peoples will. Public
opinion becomes law.

Social change and the constitution of India:

Preamble is a key to open the statute and consists of source and objectives of the statute.
Literally preamble means preliminary statement in writing or in speech or an introductory part of
the statute. The word ''Pre '' means ''before''. '' Amble'' means ''walk''. Thus , it is known the word
'' preamble'' means ''before walk''.

The preambular declaration provides that we the people of India having solemnly resolved to
constitute India into a sovereign,socialist,secular,democratic republic and Justice: Social,
economic and political Liberty of thought, expression , belief, faith and worship. Equality of

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status and of opportunity and to promote among them all. Fraternity assuring the dignity of the
individual and the unity and integrity of the nation.

The Supreme Court of India in Beru Bari's case,1969 observed that preamble is not part of the
constitution and hence the parliament has no power to amend the preamble. Later, in
Kesavananda Bharati vs State of Kerala,1973 the Court held that there is no wrong in treating
preamble as part of constitution.

Law refers to the system of rules that a particular country or community recognizes as regulating
the actions of its members and may enforce by the imposition of penalties. Laws are the code of
conduct every person must have to follow to attain equitable system in the society.

Social change is an alteration in the social order of a society. Social change may include changes
in nature, social institutions, social behaviors, or social relations. Social change usually comes
very gradually and slowly in a society. It is usually the result of awareness programs and the
change in a society’s literacy level, mindsets, cross cultural acceptance.

Both of these things have very significant long lasting effects on each other. In fact, we can say,
they have a reciprocal relationship with each other. If any law is introduced, it surely has a huge
effect on social norms because everybody has to ultimately abide by the law and therefore it
helps shape new norms in the society.

And when the society is going through any change, it has the power of bringing a very strong
change in any country’s law. Because law is deeply implicated in our economic, political, and
social worlds, pursuit of social change invariably involves an engagement with law. But it is
relatively harder to bring about a change in law in response to a social change. Law could
respond to social change over decades or even centuries. Let’s look at some examples which
define this relationship in much greater detail.

Examples where law brought about a change in the society:

1. The one child policy in China:

The one-child policy, a part of the family planning policy, was a population
planning policy of China. It was introduced in 1979 and began to be formally phased out
in 2015. This brought about the new idea of small families in China. People started
changing their mindsets about having very large families and this large family custom is
still slowly and gradually seeping out of the mindsets of residents of China.
2. Anti-Dowry Laws:
The Dowry Prohibition Act of 1961 in India prohibits the request, payment or acceptance
of a dowry, "as consideration for the marriage". Asking or giving of dowry can be
punished by an imprisonment of up to six months, or a fine of up to ₹5,000.
Pakistan's Dowry and Marriage Gifts (Restriction) Bill 2008 restricts the amount of
dowry to PKR 30000. These laws against Dowry are also injecting the idea into our

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 society that asking for the marriage’s compensation from the bride’s family is an
unethical thing to do and is frowned upon. This law is in the process of bringing about a
huge change in the social norms of India and Pakistan.

Examples where social change brought about a change/introduction in law of any country:

1. Same sex marriage law in US:

In the United States, same-sex marriage is legal in all states, Washington, D.C., as well as
all U.S. territories except American Samoa. This is a very recent change in the
constitution of one of the biggest countries of this world: United States. This was only
made possible because of the unstoppable efforts of all the supporters of the LGBTQ
community and same-sex marriages. This was a social change that had crept into our
society long ago but was only able to bring about a change in the law in 2015!

All in all, both of these mechanisms work hand in hand in any community and one is always
affecting the other at any point in time. This is a reciprocal relationship and it will always keep
working like that.

How Does the Law and Social Justice Protect the Workers?

It is obvious that all the private companies, contractors, and businesspersons normally want to make
as much profit as they can. In this desire for profits, they sometimes deny the workers their rights
and do not pay them the desirable wages.

According to the law, it is illegal or wrong to deny workers their wages. Similarly, to ensure that
workers are paid fairly, there is a law on minimum wages. As per this law, workers have to be paid
not less than the minimum wage by the employer. The minimum wages are revised upwards every
few years.

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Not only are there laws to protect the minimum wages, there are also laws that protect the interests
of producers and consumers in the market. These help in ensuring that the workers, consumers, and
producers work in a manner that is not exploitative.

The government of the country controls the activities of the entities by making, enforcing and
upholding these laws. In this way, it checks to confer social justice to one and all. Many of these
laws have their basis in the Fundamental Rights guaranteed by the Indian Constitution.

For instance, the Right against Exploitation states that no person can be compelled to work for low
wages or under bondage. Similarly, the Constitution lays down “no child below the age of 14 shall
be employed to work in any factory or mines or any other hazardous employment.”

Worker’s Worth

One of the main reasons why foreign companies come to India is for cheap labour. Wages that the
companies pay to workers are much lower in India than other countries abroad. For lower pay,
companies can get long hours of work. Additional expenses such as for housing facilities for
workers are also fewer. This allows various companies to save costs and earn higher profits.

This is where the Indian worker’s worth comes into place. One worker can easily replace another.
Since there is so much unemployment, there are many workers who are willing to work in unsafe
conditions in return for a wage. The employers, thus, tend to ignore the worker’s safety in many
places and exploit their vulnerability.

Bhopal Gas Tragedy

One such instance where the negligence of the employers led to the death of many employees is the
Bhopal Gas Tragedy. However, after so many years even now, this negligence continues. Safety
laws enforcement by the Government:

 The Government ensures that the Right to Life guaranteed under Article 21 of the
Constitution is not violated.

 With more industries being set up both by local and foreign businesses in India, there is a
great need for stronger laws protecting workers’ rights and better enforcement of these laws.

New Laws to Protect the Environment

Back in the year 1984, there was very less number of laws to protect the environment in India. The
environment was treated as a ‘free’ entity and any industry could pollute the air and water without
any restrictions.

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After the Bhopal gas tragedy, the issue of the environment came to the forefront. Several thousands
of persons who were not associated with the factory in any way were greatly affected because of the
poisonous gases leaked from the plant. This awakened peoples’ senses about the need for protection
of those people who might not be workers but suffer from industrial accidents.

After the years that followed the tragic incident at Bhopal, the Indian government introduced many
new laws on the environment. According to some of these laws, the polluter was to be held
accountable for the damage done to the environment.

Labour Law and Social Justice: New Beginnings

‘The law oppresses us and tricks us,

The wage slave system drains our blood;
The rich are free from obligation,
The laws the poor delude.’i

LEGISLATIONS

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill,
2018

 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018

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 was introduced in Lok Sabha by the Minister for Social Justice and Empowerment, Mr.
Thaawarchand Gehlot, on August 3, 2018. It seeks to amend the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Act prohibits the commission of
offences against members of the Scheduled Castes and Scheduled Tribes and establishes special
courts for the trial of such offences and the rehabilitation of victims.
 In 2018, the Supreme Court stated that for persons accused of committing an offence under the
Act, approval of the Senior Superintendent of Police will be required before an arrest is made.
Further, the Deputy Superintendent of Police may conduct a preliminary enquiry to find out
whether there is a prima facie case under the Act.
 The Bill states that the investigating officer will not require the approval of any authority for the
arrest of an accused. Further, it provides that a preliminary enquiry will not be required for the
registration of a First Information Report against a person accused under the Act.
 The Act states that persons accused of committing an offence under the Act cannot apply for
anticipatory bail. The Bill seeks to clarify that this provision will apply despite any judgements or
orders of a court that provide otherwise.

Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 ("CL Act")

 The central legislature of India had promulgated a legislation Child and Adolescent
Labour (Prohibition and Regulation) Act, 1986 ("CL Act") to regulate the child labour
practices in India. The central legislature has made substantial changes in the provisions
of the CL Act in the year 2016 and the said amendments have been made effective from
July 30, 2016. Pursuant to the said amendment the name of the CL Act has been changed
to 'Child and Adolescent Labour (Prohibition and Regulation) Act, 1986'.
 A complete prohibition has been imposed on employment of child labour (i.e. a person
below the age of 14 years) in any establishment whether hazardous or not. A child is
permitted to work only to help family, in family enterprise or as child artist after school

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 hours or during vacations.
 The amendment has introduced the concept of adolescent labour for the first time. An
adolescent has been defined as a person between the ages of 14-18 years. The amendment
permit employment of adolescent labour except in hazardous processes or occupation.
The number of hazardous occupations and processes has been reduced from 83 to only 3.
 The offences under the Act have now been made compoundable and cognizable
notwithstanding the provisions of the Criminal Procedure Code. The CL Act provides for
rehabilitation of children and adolescent who have been victims under the provisions of
the CL Act. It provides for setting up of the Child and Adolescent Labour Rehabilitation
Fund in which all the amounts of penalty have to be realised. Liability has been affixed
upon the parents and guardian of the affected child/children separately from the
employers.
 The Act provides for increased penalty and imprisonment which shall not be less than 6
months and may extend upto 2 years and fine which may vary between Rs.20, 000 to Rs.
50,000. Previously, the violations under the CL Act were punishable with imprisonment
of not less than three months which could extend to one year or/and with fine of ten
thousand rupees which could extend to twenty thousand rupees.
 While the new amendments appear to be progressive in nature but they have down side
also. Like the new amendments put a complete prohibition on employment of children,
but at the same time it allows them to be employed in family enterprises/businesses.
Considering that majority of child labor activities happen in economically weaker section
of the society which is highly unregulated, no proper mechanism has been provided to
keep the same in check with the new amendments. Further, the list of hazardous
industries has been drastically decreased, this may allow the employers in industries like
chemical mixing units, cotton farms, battery recycling units, and brick kilns etc. (which
are actually hazardous) to employ adolescent labour, which they may even get at a much
cheaper price.
 It is therefore more important now for the government to keep a check on the working
conditions for adolescent labour as well as the working conditions for children in family
run businesses. This would require more personnel deployment which currently is in
shortage. The government, in order to effective monitor the ground realities involve and
empower the non-governmental organizations and individuals who are actively involved
and are working for the said cause.

The Indian Civil Rights Act of 1968 (ICRA), 25 U.S.C.§§ 1301-1304 (ICRA), provides
as follows:
 "Indian tribe" means any tribe, band, or other group of Indians subject to the jurisdiction
of the United States and recognized as possessing powers of self-government.

 "powers of self-government" means and includes all governmental powers possessed by

an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals
by and through which they are executed, including courts of Indian offenses; and means
the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal
jurisdiction over all Indians;

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  "Indian court" means any Indian tribal court or court of Indian offense, and.

 "Indian" means any person who would be subject to the jurisdiction of the United States
as an Indian under section 1153, title 19, United States Code, if that person were to
commit an offense listed in that section in Indian country to which that section applies.

In general

 No Indian tribe in exercising powers of self-government shall—

 make or enforce any law prohibiting the free exercise of religion, or abridging the
freedom of speech, or of the press, or the right of the people peaceably to assemble and to
petition for a redress of grievances;

 violate the right of the people to be secure in their persons, houses, papers, and effects
against unreasonable search and seizures, nor issue warrants, but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be searched
and the person or thing to be seized;

 subject any person for the same offense to be twice put in jeopardy;
 compel any person in any criminal case to be a witness against himself;
 take any property for a public use without just compensation;

 deny to any person in a criminal proceeding the right to a speedy and public trial, to be
informed of the nature and cause of the accusation, to be confronted with the witnesses
against him, to have compulsory process for obtaining witnesses in his favor, and at
his own expense to have the assistance of counsel for his defense;

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 deny to any person within its jurisdiction the equal protection of its laws or deprive
any person of liberty or property without due process of law;

 pass any bill of attainder or ex post facto law; or

 deny to any person accused of an offense punishable by imprisonment the right,

upon request, to a trial by jury of not less than six persons.

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