Given the social structure of the country that existed at the time, the framers of the constitution ensured that the constitution did not omit any social aspect that did not fall under protection. As the Chairman of the Constitutional Drafting Committee, Mr. B.R. Ambedhkar, has rightly pointed out, the Constitution of India can be amended if society requires it beyond the fundamental structure of the Constitution. This was also taken into account when the Supreme Court of India dealt with the famous case of Kesavananda Bharati v. Union of India. Fundamental rights are one of the fundamental structures of the Constitution. Among the fundamental rights that fall within its scope are certain fundamental rights that apply to every Indian citizen, regardless of his or her origin. Sati` – means burning or burying the widow`s life with her husband`s corpse.
Since ancient times, it was considered a great honor among Hindus to become a sati. In 1812, Raja Ram Mohan Roy, the Indian social reformer, began cracking down on these practices. The practice could not be stopped by society, as it was considered part of its customs and traditions. It was a law he could control on December 4, 1829. The practice was officially banned in the countries of the Bengali presidency by Governor Lord William Bentick, who declared illegal and punishable the practice of sati, or the burning or burial of Hindu widows. In post-independent India, Sati has not been effectively contained. The legislature has taken serious steps by introducing a special law for the treatment of persons who support sati and, for example, by making it a criminal offence up to the death penalty under the Commission of Sati Act 1987. Now, it is a forgotten system in most parts of India. These laws concerning sati, widows` remarriage, child marriage were enacted on the basis of public opinion. The laws enacted during the colonial administration were outside the realm of sociological competence. They were only interested in this legislation because of various social reformers and public opinion. This chapter examines the relationship between law and social change.
Laws can influence behavior and promote social change in a variety of ways, including enforcing sanctions or, more subtly, channeling behavior through standard rules and other “nudges.” The law can also stop social change by establishing older patterns of race, gender, and class. Much of this chapter is devoted to the role of law in race relations, from slavery to affirmative action. The final part of the chapter examines a number of recent examples of law and social change, including cohabitation, surrogacy, and same-sex marriage. Since social problems take time to resolve, the law should be strong enough to accelerate this change. Rape laws have been passed, but rape is not decreasing. Every other day there will be an incident of rape in the newspaper that took place. It clearly shows that the laws that already exist are not strong enough to bring about social change. Racial and caste discrimination are faced by the world until today.
Demonstrations, mass meetings, everything fails because the laws that exist do not have a strong root to achieve social impact. Homosexuality has been introduced into the mainstream, but few accept the same because it goes against social norms. It is therefore necessary to address these social problems through stricter law enforcement so that people begin to take the laws seriously and carefully. Law can simply be defined as a system of rules used to regulate or better control a company. The reason a society needs control is that it is always necessary to maintain a balance between society and the people who live in it so that they can coexist interdependently, which in turn helps bring about social change. A society is a heterogeneous place where people of all classes, castes, creeds, skin colours, genders and origins live. It is important that no distinction is created between these persons, regardless of their identity, which creates a homogeneity that can only be achieved by the legal entity. Social change is something that every society and its inhabitants look forward to, because change for the better is always welcome. Law plays an indispensable role in social change. In a lawless society, there is a lack of harmony and peace between people and society. When someone says that laws bring about a change in society, they mean that the law causes society to follow them to make a difference or change the atmosphere that already exists. For example, untouchability is a long-standing social problem.
Article 17 of the Indian Constitution states that untouchability shall be prohibited. Therefore, in a way, the law brought about social change by largely abolishing the social question. Now, if someone practices untouchability, he or she is found guilty of violating the law of the land. If, on the other hand, the company introduces a change in the law, it means that the company adapts to the law as it wishes. Sati was a practice that forced women to be burned alive with their dead husbands. This custom was obligatory among Hindus. The Society has introduced reforms to abolish this practice. Therefore, in a way, the company introduced an amendment to the existing law.
Section 377 of the Indian Penal Code of 1860, which is used to criminalize crimes against nature, i.e. when sexual intercourse takes place between two men or between two women, the same thing is declared an offence under this provision, has been deleted by the Supreme Court of India on the grounds that homosexuality is no longer a criminal offence in the eyes of the law.