Law as an Instrument of Social Change

Along with religion and morality, law is one of the strongest regulatory measures of social control. The law, not only controls human interactions, but brings a change in the society. As regards the role of law in bringing about a social change, there are two views. According to one view, the essential function of law is to reinforce the existing models and to provide a uniform procedure for the evaluation of human conduct and punishment for deviance from the existing rules. In other words, the main function of law, according to this view, is social control. According to the other view, law could be more dynamic. It has not only the function of social control but it has also to bring about a social change by influencing behaviour, beliefs and values. Often in the dynamic societies the social norms will be ahead of the legal codes. In such societies, it is necessary to bring the legal code into conformity with the prevalent social values. There is also another aspect: a dominant minority may have social values far ahead of the legal code on the one side and the social practice of the masses on the other. Such minority may endeavour to change the legal code as a means to persuade the rest of the group to adopt new social values. In dynamic societies the role of law is limited. But in conservative societies the role of law can be more effective in bringing about a change in traditional beliefs and values that do not correspond with changing societal requirements. As an instrument of social change, law involves two interrelated processes. By means of new enactments there will be institutionalisation of a new pattern of behaviour manifesting new social values. When this new pattern is incorporated in the legal code, any deviance from this new pattern could be punished according to law. In order that law could become an active social force, there should be correlated cultural processes, namely the internalisation of this new pattern of behaviour in the individuals. These two processes arc closely related. If the institutionalisation is successful, it facilitates the internalisation of the new values by bringing about a change in the attitudes and beliefs of the individuals through social upbringing in the individual families. If such internalisation does not take place then the mere legal codification and the institutionalisation will not have any social value; on the other hand, it may bring, law itself into contempt; people may lose respect for law. Law has long occupied an important position in organised efforts to improve the status of women, children, dalits and other weaker sections of the society. Social reformers in the nineteenth century, as well women in the contemporary women's movement, have all sought social reform through law. There were the egregious evils in our society such as sati, thuggee, human sacrifice, female infanticide, slavery, untouchability and religious prostitution. And then there were other, though less conspicuous evils too. Namely polygamy, child marriage, dowry, heavy expenditure on marriage and the traditional ban on divorce, widow remarriage and sea voyage. Christian missionaries and social reformers of the nineteenth century were quick to pounce on the evils of Hinduism, to denounce them and point out how immaculate Christianity was in contrast. In the first half of the nineteenth century, social reformers such as Rammohun Roy campaigned for the elimination of sati. Rammohun Roy's arguments against sati were cast within the discourse of religion and scripture. He argued that sati was not prescribed by shastric texts and that its resurgence corresponded to the degeneration of Hindu ethos.4 Thus, by the sincere efforts of Rammohun Roy practice of sati was abolished in 1829