IMPACT OF SOCIAL DEVELOPMENT ON LAW

A society cannot remain static. It keeps on moving with economic, social, technical, political development. Therefore, law in other to meet the changing needs of the society keeps itself updated to march with it. 

Positive contribution of social development on law in India

Indian legal system has undergone various changes and reforms to address social issues and has move to progressive state where social justice is promoted like abolishment sati system, child marriage, untouchability, etc. This evolution has profound impact of social development on Indian legal system. Some other examples which reflects social development on law are as follows-

Uniform Civil Code 

The demand for a UCC reflects the impact of social development on law. As society evolves, peoples’ thinking changes too, which results in equality and unity.

In Lily Thomas vs Union of India (2000) SC in regard to uniform civil code under article 44 of Indian constitution held that the government should try to have the same civil laws for everyone. But the court also understands that this issue is very complex as India has different cultures religions and language. Therefore, changes should be made gradually and not by force.

Triple talaq 

With the awareness and equality education also plays a vital role in development of the society and in a progressive society women also demand their equal rights and to live a life with dignity, one such case which showed this is Shayara Bano vs Union of India also known as triple talaq case in the instant case triple talaq was held unconstitutional.

Adultery under section 497 of Indian penal code

 With developing nation, the society is to move from the patriarchal and recognizing the autonomy and agency of women in relationship. In Joseph shine vs union of India the SC held the punishment of section 487 of IPC unconstitutional, this judgment reflected the evolving social norms and court's commitment to uphold equality. 

Same-sex relationships 

With the changing society the need to recognize and protecting the rights of every person irrespective of their gender not just for man or women but also for the third gender. One such example of this was decriminalizing consensual same-sex relationship by declaring section 377 of Indian penal code unconstitutional by the SC in Navtej Singh Johar vs union of India and current pending case of Supriya Chakraborty vs Union of India for same-sex marriage. 

Conclusion

Thus, from the above discussion it can be held that law without social acceptance is ineffective, therefore social development influences the shaping of law as changing societal values demands for legal reforms.  

References

Indian Kanoon - Search engine for Indian Law

LL.M. II SEM (LAW AND SOCIAL TRANSFORMATION) L-2003 TOPIC- Law as an intrument of social change new.pdf (ccsuniversity.ac.in)

Law And Social Transformation English, G.P. Tripathi