Question 1(a) · 10 marks · 188 words written
Critically examine the efficacy of 'Law as an Instrument of Social Change'.
Opening
Sociological implications of Law and its role in social change are MULTIDIMENSIONAL as per modernist sociologists like Yogendra Singh.
Body · points
Firstly, culturologists argue that LAW is merely a representative of traditions that have been "UNIVERSALISED" and "PAROCHIALIZED" as little & great traditions. This can be substantiated with example of LAWS such as Dowry Prohibition ACT, 1961. Despite its enactment, Law has not resulted in PROHIBITION, but have spread to other cultures (VEENA DAS).
Structural Functionalists like Andre Beteille state that despite legal system, people stick to religious texts. This may have some truth with respect to some Religions still serving function of Law, example : MUSLIM PERSONAL LAW BOARD.
Thirdly, Veena Mazumdar is of the opinion that with very limited women representation in LEGISLATURES, all laws come with a "woman bias". This can be substantiated with "Women Reservation Bill" lying in PENDING STAGE for over two decades.
Close
Despite these examples, Indian legal system, from ancient to medieval and colonial period has significantly evolved in POST INDEPENDENCE Era suiting modern needs. Today we have laws on DNA regulation, IT Act (2000), Surrogacy regulation which indicate its role in SOCIAL CHANGE.