Is Law Really An Instrument Of Social Change?

In layman’s language, the law means a set of rules and regulations to control the behavior of the people living in the society and to maintain peace and tranquility in the society. In earlier times, there was no necessity for pre-defined rules and regulations because people in the society were organized and led normal and decent life. But with the passage of time, people became more advanced and led an organized life.

The modern century, 21st century is the century of law and technology and development. But this development has resulted in the necessity to enact a predefined set of rules and regulations to control the behavior of the man in the society. It is absolutely well said that law is the instrument of social change. Change is the law of nature. There are certain factors that force change; that result in the need the bringing change in society. No one can stagnate the situation. Nothing can be hindered to bring change in society. Society needs change and change is bound to crop up in society. Change brings about development in society. With the change, the societal structure and the environment of the society change.

Today we need laws to regulate the behavior of the people in the society. Law was not designed to be meant to govern society in the wake of anti-social activities. Anti-social activities are in the rise in society. Laws are now enacted to prevent heinous crime in society.

We have seen several laws passed by the legislature and enforced by the executive in anticipation of heinous crimes in society.  Laws were designed to prevent anti-social activities in society. Law is needed to bring peace in and to restore peace in society. It is well good and fine that law regulates the norms of society. But the question lies as to whether law as an instrument of social change is being functioned or not? Today it stands to be highly suspicious whether law can perform its own function of bringing social change?

Law is definitely an instrument of social change. Law is the reflection of the wish and will of the people living in the society. The law of the land compels society to change. It is a well-settled principle that law compels to bring about change in society. Laws are designed to bring about changes in society. There are many customs and practices prevailing in society. Whether the existing customs and practices do bring about change in the society or it does halt the change in the society? While a particular customer might be beneficial to a particular section of people in the society, it may stagnate change to other communities. Law can bring about awareness in society. It makes people aware of the recent developments in society, the factors that halt changes in society, and the factors reiterating to bring about changes in the society.

History is full with replete that over time and again, changes have been brought about by the social reformists, legislatures and the executive as because without the initiative of the social reformers. Whenever the social reformers bring to light the existing social defects, the society wakes up to the ills present in the society. The social reformers point out the change in society. In the wake of such changes, the legislature legislates stone revolutionary laws and as a result, the laws passed by the legislature receives the assent of the President.

Therefore, when the laws are passed by the legislature and have the sanction of the President, the executive executes the law. The law serves as a binding force upon society. Such a law serves as a warning symbol to the anti-social elements in society. But we have seen numerous laws being passed to prevent such crimes, but time and again, it has failed. Therefore, it is apparently clear that law serves as a warning symbol to prevent the ill elements in society. The purpose of law is to maintain peace in society. This purpose has to be maintained.

Subham Chatterjee

Subham Chatterjee is a penultimate year law student from Tezpur Law College, Assam. Apart from excelling in academics, he has presented papers in national seminars, contributed chapters in edited books published internationally. He also brought accolades by winning Moot Court Competition, Client counselling competition and Quiz Competitions apart from participating in various competitions. He has recently authored an ISBN book 'Land Laws of Assam: A Reference Book for the students of Gauhati University" He is also a trained Hindustani Classical (Vocal) and Rabindra Sangeet singer.

Leave a Comment