Law and Social Transformation - A Study with Special Reference to India
Law and Social Transformation - A Study with Special Reference to India

Author(s): C.R. Jilova
Subject(s): Gender Studies, Human Rights and Humanitarian Law, Sociology of Religion, Sociology of Law
Published by: Scientia Moralitas Research Institute
Keywords: dynamic; social transformation; preamble; fundamental rights; custom and usages;
Summary/Abstract: Law is a dynamic instrument fashioned by society to achieve the harmonious adjustment of human relations by elimination of social tension and conflicts. Social changes are necessary for the development of the society. These changes can be facilitated by the tool of law, otherwise, it will be very difficult to clear the hurdle of custom and usage. The objectives of this paper are to understand the meanings of the terms “law” and “social transformation,” which studies the social problems of societies and their solutions through a legal approach. The law of any civilized country is not definite, but changes according to the needs of society. The path of social change in India has been charted out by the constitutional provisions of the preamble, fundamental rights, directives principles and Article 368. In this paper, we aim to demonstrate that the instrumentality of law and social change is necessary to study some special changes that have taken place in India, through judicial interpretation and amendment of law for social transformation. These changes includes the abolition of Sati System, prohibition of child marriage, maintenance laws, free education, right to information, registration of marriage, recognition of live-in relationships, juvenile justice, protection of LGBTQ rights, and protection of rights of Muslim women in marriage.

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