Wheather Law changes the society or society changes the law
For decades now Law schools and Law universities teach the origin, evolution and the importance of social law beginning from how it is formed, how it is construed and how it is applied in a society. Every now and then we be proud if a member from our known circle has cleared the judicial exam also people warn them like be conscious and true to your judgement because it’s going to be the law of land. So from this statement we understood Laws made are applicable to entire land of ones nation but the nexus or the question arise to any person is whether laws are changing the society or the society changes the law, well I would say Laws are both independent and dependent in a society to put it in simple form Laws are made to control the society in an orderly manner at the same time Societies norms and culture make the law as a prominent one e.g. the Nirbhaya, the gruesome rape case which happened in Delhi made judicial system to impose a stricter sanction and the outcome is criminal Law Amendment Bill. When society changes the law, it shows the development and the changing scenario often society and its norms, cultural practice plays a major role in framing the law. In the light of incidents from the past, varying examples like sati, caste discrimination, untouchability is abolished for the betterment of people. Though larger sections of people practice certain inhumane norms and customs, social law values sentiment of the society as well the sense of justice which benefit larger number of people. Society and law are inseparable one for eg: In contemporary world people always get confused whether laws are made for people or people are made for law well the above discussed points clearly states that laws are made to govern the people also people are choosing their laws which means the rights and obligations are made by the people. In every country every citizen has given the basic rights and obligations to follow which in turn it is created by them. Law act as a binding force in any society sometimes Laws are made against accepted morality yet they are obeyed.
What are the contemporary challenges we face while implementing social law
As we discussed above society is the essence in the formation of Law understanding society begins with acknowledging social issues and problems. In general globally poverty, corruption, unemployment, child labor, racism, increasing crime against women are the few most important social issues. The solution to these problems comes with proper education for e.g poverty can be checked by increasing job opportunities, child labor can be eradicated by imparting education and knowledge to children also people who are employed and are above the poverty line should take steps towards replacing child workers with adult workers. It will benefit not only the society but the country at large. In the case of State of M.P. v Babulal AIR 2008 SC the Court has laid down the principle that every rape cases should be taken into count with severity, a socially sensual judge is the best example in handling the case of crime against women, in heinous crimes if a person is convicted he should be treated with heavy hand and should impose stricter sanctions. This goes to show that how the Supreme Court is keen in eliminating social disorder by the heavy hands of judicial process. In Mohd Ahmed Khan v Shah Bano, AIR 1985 SC 945 the Apex Court for the first time granted maintenance to divorced Muslim woman under section 125 cr.p.c ignoring her personal law keeping in view essence of equality before law. In Dimple Gupta v Rajiv Gupta AIR 2008 SC 239 the Apex Court under section 125 cr.p.c granted maintenance to illegitimate child. Sensual breaking judgements have paved the way for the innocent child who is the victim of no fault of their own. These verdicts are judicial instruments of social ordering. As I said before society is the essence in the formation of law, society is an ever changing fact it keeps growing, renewing accommodating itself to changing conditions and challenges us in modifications, in the course of time. Change is the law of nature meaning thereby today is different from tomorrow the social structure and social issues are subject to incessant change. Simultaneously social law as welfare state law is developing and growing immensely from the interest of people. Law and social transformation time and again keep society in an orderly manner. I sum up this article by concluding Social institution must acknowledge the social issues and its problems and their by the faith of people is protected under social law.
