INTRODUCTION
Law is the part of society that regulates the actions of individuals. Sometimes, it tends to be coercive, which means it abstains people from performing certain actions. But what is sociology? What constitutes a society? Sociologists describe a society as a collection of individuals who share a common culture, interact with one another, and reside in a certain geographic location.[1] Sociology is the science of society. It is concerned with man’s life and activities. It studies the nature and character of human culture. It analyses man’s group behaviour and examines the bonds of social unity. It tries to determine the relationship and interdependence between different elements of social life. Let us now understand the meaning of the word law. Law is a mechanism that consists of systematic rules and regulations that are created and enforced by governmental or social institutions that have the supreme authority to establish norms, maintain social order, and regulate the behaviour of individuals and society.[2]
HOW ARE SOCIOLOGY AND LAW RELATED?
As sociology is the science of society and law is a social science characterized by movement and adaptation, thus sociology and law are two correlated topics. Society is a part of sociology and laws are followed by every society. Therefore, laws are an essential part of the society. Lawmakers may more easily regulate and create laws using sociology to comprehend society better. In a similar vein, the law is crucial for regulating society. Traditions, customs, and norms are all part of the law and if the law did not exist, there would be a ruckus in the society and it would create an anomic situation(normlessness). To keep humans on track, society or elected government formulate laws. From the formation to the execution till its impact on society, everything comes under the realm of Sociology.[3]
Various sociocultural processes result in the creation and implementation of laws. Every social organization, including the family, the state, criminal activity, and corporations, has these needs and is made up of several laws.[4] Law and Sociology have similar subject matters such as both evolve around social relationships, principles, and social control. The law must evolve in tandem with societal shifts. The sociology of law developed as an area of study and factual research, much like it did after World War II. It is crucial to take into account the legal system, legal procedures, and how the law interacts with social control and societal transformation. Analyzing the effects of the laws of race, class, gender, and other socially diverse values—both positive and negative—is crucial. Society needs the law because it establishes standards for citizens’ behaviour. It was also designed to establish appropriate rules and regulations about conduct for all residents. Law and Society are interrelated in two ways:
- Law changing Society
- Society changing Law
LAW AS AN INSTRUMENT OF SOCIAL CHANGE
The law acts as an instrument of social change because it serves as a guideline to acknowledge people’s actions and informs them of what is expected in society. The law helps to lessen the conflicts among various social groups and communities. The law helps to abolish the ill practices and injustices that occur in a particular stratum of people in a society. Social Change means a change in a social relationship, social processes, social organization, and institutions.[5]
Some laws play an indirect role in changing society by directly impacting it. For instance, the Right to Education was implemented which made education compulsory for children between 6-14 years of age. Some laws also change the practices of social institutions resulting into bringing social change. For example, Polygamy is prohibited according to the Hindu Marriage Act, 1955 which banned polygamy, especially in Hindu Marriages.
SOCIAL MOVEMENTS AND THEIR IMPACT ON LAW
A social Movement is a voluntary association of people who come together to fulfil a desired goal. Such movements aim to bring a change in social, religious, political, or legal issues. Thus, it is a collective effort of various individuals to promote or resist a change in society. It can focus on bringing some change in the existing social order, or completely revoke a social order and bring a new order in the society. There can be various types of movements such as the Revolutionary Movement, Reformatory Movement, or Religious Movement. It is dissolved once the aim is achieved, hence it is temporary, unlike Social Institutions which are considered permanent. It is a type of group action for changing problematic situations.[6]
Social movements have played a crucial role in enacting legal reforms by promoting legislative changes and increasing public awareness of social concerns. To implement legal reforms, social movements have to face several obstacles, including the legal establishment’s resistance to change. Legal reforms frequently call for adjustments to judicial interpretations, legislative procedures, and legal doctrines, all of which can be slow and challenging to accomplish. Interest groups who stand to gain from the current situation and are hesitant to cede their advantages also oppose social movements. Another difficulty for social movements is maintaining their momentum and bringing about long-lasting change. Social movements must maintain their action since legal improvements might be undone or weakened by later political or judicial events.[7]
FROM STREETS TO STATUTES: THE IMPACT OF SOCIAL MOVEMENTS ON INDIAN LAW
Social Movements have been popular in India since the pre-independence era and it has played a crucial role in shaping India’s modern identity. Social Movements in India start at a local level when people feel their rights are violated or their voices are not being heard or injustice is happening to them. Then these movements take a pace and build a robust local network. Movements are taken ahead with various methods such as marches, rallies, sit-ins, strikes, etc. These are being done to put pressure on the authorities, or law-making bodies. One such important and remarkable movement in Indian history is The Indian Independence Movement where peaceful protests were done by eminent Indian freedom fighters to free India from British rule. After becoming independent in 1947, there was the emergence of several social movements that addressed the grievances of justice, inequalities, and rights.[8]
Legislations can be changed in 3 ways: 1. They can be formed
- They can be amended
- They can be repealed
Such revolutionary movements that have forced law-makers in India to change the laws are as follows:
- Dalit Movements: After Independence, the marginalized communities started to face inequalities in various fields. They were treated very badly. Then, Dr. Babasaheb Ambedkar started the Dalit Movement to give equal opportunities and provided a strong foundation for social justice, guaranteeing reservations in education, employment, and legislature. It was because of this movement, that Article 17 was included as a fundamental right in the Indian Constitution which was the Abolition of Untouchability.
- Santhal Rebellion (1855): Indigenous tribal people in India have long fought for political participation, resources, and territory. The situation of these disadvantaged communities was brought to light by the Santhal Rebellion (1855) and the Jharkhand Movement in the post-independence era, which sought to establish a separate state for tribal populations.[9]
- Farmer’s movement: Farmers felt that the laws made were not in favour of them. Hence, they rebelled against it through various movements like the Telangana Peasant Movement, the Punjab Farmers’ Movement, and the most recent that is the 2020-2021 Farmers’ Movement. It worked in their favor and the laws were repealed.
- Chipko Movement: To prevent trees from being cut down, the rural villagers of the Himalayan region came together holding each other’s hands to protect trees from deforestation. Similarly, movements like Save Silent Valley protect the Silent Valley from the construction of hydroelectric projects. They resulted in the forming of laws like the Environment Protection Act of 1986.
- Jan Lokpal Bill: There was movement led by Anna Hazare which was the Anti-corruption movement and the Jan Lokpal Bill exerted pressure on the government to form the reforms like Right to Information Act (2005) which made the government accountable and all information of all these activities were accessible by the public.
- Feminist Movements: Feminist activism was the driving force behind landmark laws such as the Protection of Women from Domestic Violence Act (2005) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (2013). In response to the demands of a national movement for women’s safety, the Criminal Law (Amendment) Act, 2013, which was introduced following the Nirbhaya case, mandated harsher punishments for sexual violence. These statutes demonstrate how women’s movements have changed India’s legal system to support gender justice. They were created as a result of persistent action.[10]
CONCLUSION
From the movements mentioned above, it is clear that social movements help to influence legislatures to consider the people’s demands. In this way, society interacts with the country’s legislative bodies. The concept of Sociology is crucial for the legislature to frame the laws as laws are binding to people. In a way, this implies that the laws formed are to be followed by the citizens hence it is important to frame laws that result in the betterment of people and no inequalities are faced by any sections of society.
Author(s) Name: Trisha Khandelwal (ILS Law College, Pune)
References:
[1] Tonja R. Conerly, Kathleen Holmes, Asha Lal Tamang, Introduction to Sociology 3e (June 3, 2021, 3rd edn) 1.1
[2] Rowan T. Moyo, ‘Law: Definition, Sources of Law, Principles, and Functions of Law’ (Juristopedia) https://juristopedia.com/law-definition/ accessed 21 January 2025
[3] ‘Relationship between Sociology and law’ (Sociology Group, October 1, 2017) https://www.sociologygroup.com/relationship-sociology-law/ accessed 21 January 2025
[4] Ibid
[5] Deepika Srivastava, ’Sociological Approach to Law’(April,2020) https://www.nascollege.org/econtent/ecotent-10-4-20/ms%20deepika%20srivastav/deepika%20LL.M.%20II%20apr%202020-converted%2017-4.pdf accessed 23 January 2025
[6] Shelly Shah, ‘Social Movements: Meaning, Causes, Types, Revolution and Role’ (Sociology Discussion) https://www.sociologydiscussion.com/social-movements/social-movements-meaning-causes-types-revolution-and-role/2248 accessed 23 January 2025
[7] Nathaniel, ‘The Impact of Social Movements on Legal Reforms’ (Zilber Law, 22 February 2023) https://www.zilberlaw.com/the-impact-of-social-movements-on-legal-reforms/#:~:text=Social%20movements%20have%20been%20instrumental%20in%20bringing%20about,systems%20and%20bringing%20about%20changes%20in%20the%20law. accessed 23 January 2025
[8] ‘Role of Social Movements in Shaping Modern India’ (Drishti IAS, 25 November 2024) https://www.drishtiias.com/blog/role-of-social-movements-in-shaping-modern-india accessed 23 January 2025
[9] Ibid
[10] Role of Social Movements in Shaping Modern India’ (Drishti IAS, 25 November 2024) https://www.drishtiias.com/blog/role-of-social-movements-in-shaping-modern-india accessed 23 January 2025
