1.2.1. Law as an instrument of social change.

Introduction Law is the reflection of the will and wish of the society. It is
said that if you want to study any society, you have to study the laws
enacted by that society and you come to know whether the society is
developed or wild world. First is, “Law changing the society”, which
means that the law of the land compels the society to be changed according
to it. And secondly is. “Society changes the law”, as per its needs.
When law changes the society it is the sign of beginning of the
development of the society. 377, tripe talaq, privacy, maintenance act.
When society changes law it is the sign of maturity of the society.
HMA, HAS, Harrasment, Atrocities, Reservation.
We can cite the enthusiasm of the people in the matter of ‘Nirbhaya’ where
the commonest of the common was talking on how the law must be, what
must be the punishment etc. here this compelled the government to
consider the sentiments of the society and set up a commission to give
suggestions and untimely the criminal law amendment bill came into
existence. The change required in the society can be initiated by a
single person also and this has been proved in India right from Raja
Ram Mohan Roy; to Mahatma Phule, Mahatma Baseswar, and Mahatma
Gandhi up to Anna Hazare!

History: Law as the Product of traditions and culture. Some believe that in
the olden days men lived in a perfect state of happiness and such a time was
golden time for man. Indian people admire “Satyug” like anything and always
found lamenting that society has deteriorated in “Kaliyug” a time not so desirable
and full of all sorts of deceit, conceit, cheating and fraud. According to Indian
mythology man has passed through four ages (1) Sat Yug (2) TretaYug (3)
DwaparYug and (4) Kali Yug. The Sat Yug was the best age in which man was
honest, truthful and perfectly happy. Thereafter degeneration and deterioration
began to take place. The modern age of Kali Yug is the worst period where in
man is said to be deceitful, treacherous, false, dishonest, selfish and consequently
unhappy. This concept is found in Hindu mythology, according to which Sat Yug
will again start after the period of Kali Yug is over

Criticism and evaluation of Law: The social change can be brought by

preaching of religions, by launching social reform movements like one done
by Raja Ram Mohan Roy, Swami DayanandSarswati, Justice Ranade, Shahu
Maharaj, JotibaPhule, Gandhiji, and Dr. B.R. Ambedkar and other such
prominent social thinkers. But such efforts have no legal obligations or force of
law remedial measures in cases where individuals do not agree to a prescribed
social behavior and conduct. Such optional, sweet will obedience was found not
bearing desired fruits in right direction and therefore need arose to formulate laws
purely to bring about social change prescribing and providing necessary penal
mechanism in case of not confirming to change and violating provisions of such
law which aimed at social change from extant social process as procedures and
practices. A cursory quick look back on history of Dalits/ Scheduled
Castes/Harijans/Depressed Class/Shudras/Anti-Shudras/Antyajas as they
were variously called or addressed contemptuously by fellow Indians will give
an interesting scenario of social change that took place during the passage of time
and would be of immense importance from this study’s view point.

The various “pressure groups” exercise considerable influence on lawmaking

organs. Practically all legislations are passé to satisfy the demands of certain
groups presented to the legislature directly or indirectly, which demands will be
recognized in Law depends to a large degree upon the power of the groups which
make the demands. Political parties themselves are a combination of pressure
groups. The legal groups today are the product of the pressures of the most
powerful groups in the society. By powerful groups is meant effective power in
terms of the number of votes at the disposal of the group, the amount of money it
can command, the effectiveness of the organization, the skill of its lobbyists, and
the support it is able to secure from public opinion. Despite the directive from the
Supreme Court, the Rao Government did not think it politically wise to enact a
uniform Civil Code.
INDIAN SOCIAL STRUCTURE

Introduction: We have been discussing about the diversity in Indian culture,

the various kinds of people inhabiting this country and their diverse customs and
traditions. Perhaps more than in any other part of the world, India is a country
where people have come to acquire multiple identities based on region (e.g. North
India,North East India, Deccan and South India), language (e.g. Hindi, Tamil, and
Telugu), religion (e.g. Hindu, Muslim, Christian, Buddhist, Jain, and Sikh), etc.
Each set of these and other identities corresponding to a distinct set of social
relations, i.e., a distinct social structure. However, there are threads which bind
many of them together. Therefore understanding Indian social structure is
necessary because it explains our relations with each other in society. It tells us
what kind of social institutions exist in society and how they got modified over a
period of time. In this lesson you will read about the evolution of Indian society
through the ages and the shape it took when we read about it today.

FEATURES OF SOCIAL STRUCTURE OF INDIAN SOCIETY

The following are the important features of social structure of Indian society:

1. Complex Society
Indian society is characterized as a pluralistic society because it possesses
complex social order. It suffers from multitude of ethnic, linguistic, religious and
caste divisions.

2. Rural Society
About 70% of the Indian people live in villages. Indian villages continue to be
underdeveloped. Even rural areas suffer from lack of infrastructural facilities. The
gains of industrialization and technological breakthrough which once enjoyed by
urban areas not yet reached the rural areas. Only now our Government has started
giving due importance to the objective of rural development.
3. Economically Backward Country
India has made considerable progress in the fields of agriculture and
industrialization. But still it continues to be an economically backward country.
Even now it remains 64th poorest nation in the world. Major part of our
population continues to live below the poverty line.

4. Illiteracy
Illiteracy and ignorance among the people of India is another important feature
of the social system in India. About 60% of the population continues to be
illiterate in India. Illiteracy creates many social problems. Concerted
Governmental action and strong social support are needed in removing the rate
of illiteracy.

5. Diversified Languages
Diversity in languages is another feature of the social environment in India. The
Constitution of India recognizes 22 languages as the major languages, which are
spoken by 87% of the population. Of them Hindi is spoken by 31% of the
population. Linguistic diversity and love and affection of people towards their
regional languages have made the Government to reorganize Indian states on the
basis of languages. Hence, language has emerged as a key factor of social and
political climate in India.

6. Racial Diversity
As already stated, people belong to different races such as Aryan, Dravidian, and
Mongolian. inhabit India. People in the Eastern States, have affinity with
Mongolian race. Hence the racial Inter-mixing has taken place to a limited extent
in India.

Even though the principle of unity in diversity is accepted diversities are many
times allowed to dominate the objective of unity. The Constitution provides for
secularism. But racial factor plays major role in real operation of socio-political
processes in India.

7. Caste
Caste has been the predominant feature of Indian social system. The Constitution,
has taken a great step towards the dilution of caste and casteism. Caste and
Casteism have been playing important factor in Social, Economic, Cultural and
Political life in India. As caste system has deep historical roots, it cannot be
abolished.

8. Existence of Communalism
The existence of communalism in the society is another feature of Indian social
system. It constitutes a big danger to the unity and integrity of the nation.

9. Regionalism
People belonging to a particular region consider those who belong to other
regions as outsiders. Diversities in Caste, religion, language and culture have
contributed to forces of regionalism. Channelizing “Regionalism” and make it to
contribute to nationalism is one of the difficult tasks before the Indian socio-
political system.

10. Tradition
In India, both tradition and modernity exist side by side. Tradition is clearly
affected by modern trends and pressures.

11. Lack of Free Movement

There is increased gap between the elites and the masses. There is no free
movement among different linguistic groups, castes etc. This problem is clearly
reflected between high and low castes, literates and illiterates, urbanites and
ruralites etc.
Thus the social structure of Indian society is characterized by religious, regional,
linguistic, communal and caste diversities. All these factors determine the
environment of Indian social structure, social system and political system. All
institutions are in a position to continuously adjusting themselves to a changing
society, though there still exists many conflicts between them. The Socio-political
system is maintained stable despite these constraints.

UNTOUCHABIEITY: The concept of purity and pollution in Indian society is

best reflected in the formation of a category known as untouchables (antyajas).
These people were considered as belonging outside the Brahmanical society. This
notion of untouchability took roots during the last phase of the Vedic period and
became a separate social category in the age of the Buddha. Sometimes they were
called the fifth varna (panchamd). Chandala is the term used loosely for many
types of untouchables. They were not allowed to reside in the caste villages and
had to stay in special quarters outside the main settlements. Their main task was
to carry and cremate the corpses. The law-books have prescribed that they should
be dressed in the garments of the corpses they cremated, should eat food from
broken vessels and should wear only iron ornaments. By the Gupta period their
status fell so much that they were forced to further strike a wooden clapper on
entering a town.

SLAVERY Slavery as it existed in India was different both in form and essence,
from the classical Greek and Roman slavery. That is why Megasthenes could not
find slaves in India. And he was certainly wrong in his judgement. Slavery was
an established institution and the legal relationship between the owner and slave
was clearly defined. For example, if a female slave bore her master a son, not
only was she legally free but the child was entitled to the legal status of the
master’s son. The ‘Arthashastra’ states that a man could be a slave by birth, by
voluntarily selling himself, by being captured in war, or as a result of a judicial
punishment. The sanskrit word for slave is ‘dasa’ which initially meant a member
of the people captured by migrating Aryan hordes. Many such ‘dasas’ were
reduced to bondage. In India, the slaves were generally employed as domestic
servants and personal attendants.

JAJMANI SYSTEM: An important institution that developed during the early

medieval period and continued till modern times in the rural society was the
‘Jajmani System’. It was a complementary relationship between the groups of
dominant peasant castes on the one hand and service and artisan castes on
the other. In this system the service castes rendered services to the land-owning
peasant castes as well as to the high and dominant castes and were entitled to
traditionally fixed shares of the produce and in some cases to a small plot of land.
Thus, the leather-workers, the barbers, the priests, the garland makers, the
ploughmen, and various types of smiths worked for the high castes or dominant
landowning groups and were paid in kind on certain occasions or in the form of
a land allotment

FAMILY: The traditional Indian family is a large kinship group commonly

described as joint family. A joint family is one in which two or more generations
live under one roof or different roofs having a common hearth. All the members
own the immovable property of the line in common. This family is generally
patriarchal and patrilineal, that is, the father or the oldest male member is the head
of the house and administrator of the property and the headship descends in the
male line. In modern towns a large number of nuclear families exist which consist
of wife, husband and the children.

MARRIAGE: Families are the result of a very important ‘samskara’ ceremony

known as marriage. Depending on its nature, marriage is of many kinds such as
hypergamous (man of so called high caste and woman of low caste) or anuloma
and hypogamous (man of low caste and woman of high caste) or pratiloma based
on an alliance between different varna/ caste; monogamous, polygamous and
polyandrous based on the number of spouses. Examples of all kinds of marriages
can be found in the Indian society. Traditionally speaking, marriages were
arranged by the parents of the couple who usually belong to the same caste, but
of different ‘gotras’ (persons having common ancestor) and ‘pravaras’
(prohibited degree), if they were of ‘dvija’ category ‘Gotra’ and ‘pravara’ did not
exist for the lower varna/ caste categories. However a large number of

WOMEN: The history of women in India is the story of progressive decline.

During the Vedic period even under patriarchy women participated in all the
affairs of the Tribe barring wars. They were composers of hymns, they could
marry the men of their choice at a mature age. In the post-vedic phase with the
break-up of tribal institutions their position deteriorated. The early lawbooks
reduced the women to the status of a ‘Shudra’. Except some personal property
(‘stridhana’) they were not entitled to any property. Even Vedic knowledge was
closed to women. At this time the heterodox sects gave them some place of
respect. The Tantric sects of the early medieval period gave woman an important
place in their cult and instituted orders of female ascetics.
LAW AND SOCIAL CONTROL

Introduction: Law is the most important formal means of social control. Early
societies depended upon informal means of social control but when societies
grew in size and complexity they were compelled to formulate rules and
regulations which define the required types of behavior and specify the penalties
to be imposed upon those who violate them. Law is a body of rules enacted by
legally authorized bodies and enforced by authorized agencies. It defines clearly
rights, duties as well as the punishments for their violation. The modern societies
are large in size. Their structure is complex consisting of a number of groups,
organizations, institu-tions and vested interests. Informal means of social control
are no longer sufficient to main-tain social order and harmony.

In modern society relationships are of secondary nature. Security of life and

property as well as the systematic ordering of relationships make formalization
of rules necessary. Law pre-scribes uniform norms and penalties throughout a
social system.What were in mores and customs earlier has now been formalized
into a body of law. Law prohibits certain actions for example anti-touchability
act prohibits untouchability in any form and a person practis-ing untouchability
is liable to punishment. Prohibition act forbids drinking at public places. In this
way law exercises a powerful influence upon the behavior of people in modern
socie-ties.

Need of Social Control:

Social control is necessary for an orderly social life. The society has to regulate
and pattern individual behaviour to maintain normative social order. Without
social control the organisation of the society is about to get disturbed. If the
individual is effectively socialised, he confirms to the accepted ways from force
of habit as well as from his desire of being accepted and approved by other
persons.
If he is inadequately socialised, he has a tendency to deviate from the accepted
ways, but he is forced towards conformity by the pressures of social control.
According to Kimball Young, it is necessary “to bring about conformity,
solidarity and continuity of a particular group or society”. It is possible only
through social control. Society has to make use of its mechanism to accomplish
the necessary order and discipline.

Herbert Spencer has put forwarded the view that society is a collection of group
of individuals. Man lives in society because it has a utility. Through society he is
able to preserve his identity and views. In order to preserve his identity and
characteristics, he has to exercise some control for which certain rules and
institutions are created. These agencies of social control are helpful for preserving
the identity of the individuals and society.

Various social thinkers have expressed their views in different ways about
the need of social control which are discussed as under:
1. Re-establishing the Old Social System:
The main need of the social control is to keep the existing order intact. In other
words it is the desire of the society to make its member to live in manner in
which their forefathers have been living. Although enforcement of the old
order in a changing society may hinder social progress, yet it is necessary to
maintain continuity and uniformity in society.

2. Regulation of Individual Social Behaviour:

Social control is necessary in order to regulate the individual behaviour in
accordance with the social objectives and social values. This helps to maintain
the social order. Unless the individuals live up to the prescribed norms of conduct
and unless their self-seeking impulses are subjugated to the welfare of the whole,
it would be quite difficult to maintain social organisation effectively. Hence,
social control is necessary for the society in order to exist and progress.
3. Obedience to Social Decisions:
Society takes certain decisions. These decisions are taken in order to maintain
and upheld the values of the society. Through social control attempt is made to
get the social decision obeyed.

4. To Establish Social Unity:

Unity is not possible without social control. Social control regulates the behaviour
of individuals in accordance with established norms which brings uniformity of
behaviour and brings unity among the individuals.

5. To bring Solidarity:
Social control is to create the feeling of solidarity in the minds of people. In the
competitive world, the weaker group may be exploited by the stronger group or
equally powerful groups may clash among themselves. This affects the harmony
and order. Some groups may develop anti-social attitudes and pose danger to the
organisation of the society. Therefore, there is necessity for the different groups
and institutions.

6. To bring Conformity in Society:

Social control is intended to bring about uniformity in the behaviour of the
individual members of the society and to bring about different types of
conformities in their societies.

7. To Provide Social Sanction:

Any marked deviation from the accepted norms, is considered a threat to the
welfare of the group as a whole. Hence, sanctions are used by the group to control
the behaviour of the individuals.

8. To Check Cultural Maladjustment:

Society is continuously undergoing changes. The individual has to adjust his
behaviour according to changes taking place in the society. But all the individuals
cannot adjust themselves to new situations. Some may become deviants. Thus,
social control is necessary to cheek maladjustment of individuals.

Conclusion: No doubt social control is needed to prevent the society from

disintegration. The need is greater in modern society because of its highly
complex character and disintegrating forces present in it, says Kimball Young. It
has become the habit of the people to violate rules and social norms. If the
agencies of social control do not act effectively society may suffer from chaos
and disintegration.
 SOCIAL CHANGE

Introduction: Change is an universal phenomena i.e. it is a law of native. There's

always a change in nature. Society is a part of nature & so society also changes
& static society is unthinkable. Society is on the wheel of change, which may
occur due to various factors (like demography, ideas etc. If there is any change in
Technology etc there's change in society) out the change varies in speed & farm.

In some places the change is rapid whereas in other places it may be slow. These
days due to industriation & urbanization the change is rapid as compared to earlier
times. The form may be economic, political, social (instriation) religious
(instriation), change in any part of society affects all the other parts of society.
Eg. An individual is the fundamental unit of society & there's change in the life
of the individual which is called evolutionary process of social change (birth to
death). This is a slow process.

Characteristics of Social change

1. Social change is universal or it is an essential law.

2. Change with diff. in speed & form simple society … change was slower.
3. Change is unpredictable in general Revol is a process of social change. What
speed & in what form the change takes place is not easily predictable.
4. Social change is change in community
5. Social change generally changes in direction. There are 3 patterns of social
change.
i. linear failure change generally leads to progress (change for good) can't cycle –
car – train –plain
ii. Fluctuating change – the change may be upward & downward. The demographic
change is such also economic change,
iii. Cyclical change – the change is in a cycle. Fashion, sometimes also in economical
aspect (Karl max gave this idea. He says earlier there was no private property &
we may go back to it).

Factors of Social change

Biological

1. Demographic factors – Population plays an important role in society it there is

change in the composition of pop there is change in society by composition we
mean the structure i.e. sex ratio. For balance in society the sex ratio should be 1:1
and if there is change in the ratio there is change in society if there are more
females than the status & position goes down (because in Polygene more wives
& the hubby now their status goes down). In the other case the females position
rises. The bride –price increases (in the tribunal society).
Age group – childhood, adulthood, old age. If the population of children is most
then increase of population will be slower. If adults more than there will be rapid
change in society cause they are the most regulative. In case of old more there is
conflict in society they don't wish for change.
Marital status in production of children. If girls are married young there will be
over population & he health is also in danger. Status of women becomes lower.
And if at too late a stage – a girl is married fertility is less. Changes in demography
– Birth rate & Death rate. Higher birth rate creates a lot of problems. Malthus
theme of population – Economics. Over population-poverty unemployment
increases. Death – rate – man – power decreases.
Immigration & Emigration – 1 is coming into country, 2 – going out of the
country. Causes cultural problems leads to over population. 2 – Brain – drain is
the problem.
2. Natural factors – now native affect society – National calamities, floods,
epidemics affairs society in its social relationships (i) structure. People become
selfish as during scarcities they are more bothered feeding themselves.
3. Technological factors
a. Mechanization & social change – machines bring about this gave women the
chance to work gave rise to women's tib.
Unemployment & such problems arose these affected cottage industries.
b. Urbanization – changed job opportunities.
Transport gave rise is social contacts. Communication gives rise to greater
awareness & is beans of recreation too.
Atomic Energy & change
4. Cultural Factors
Write about concept of cultural tag by w.f Ougbourn book – social change brings
change. He says material & non – material change. Usually non-material can't
cope up with material changed & gives rise to cultural lag.
Change in values ideas & custom's changes society (Habits).
In handbook of Sociology, he said if may so happen that material behind
education, unization etc., too brings change in marriage system etc.
Marxian theory of social change i.e. Technological Deterministic theory. On
interpretative theory – change according to him is inevitable & a continuous
process. He has given more important to the economical factors. He says if there
is change in economy the only tractor my (changes of demography etc affect the
individuals) there is change in society – change n the production system i.e.
change in technology because it is due to change in technology that these's change
in production that's why his theme is called technological data. Two change in
production system. Has two aspect productive forces & productive relations – this
is due to change in technology productive apparatuses, labour & production
experience & labour still ? productive faces. Productive relations ? Capitalists &
labourers (master & slaves).
5. Economic Factor:
Of economic influences, the most far-reaching is the impact of industrialisation.
It has revolutionised the whole way of life, institutions, organisations and
community life. In traditional production systems, levels of production were
fairly static since they were geared to habitual, customary needs. Modern
industrial capitalism promotes the constant revision of the technology of
production, a process into which science is increasingly drawn.

The impact of industrialisation (science and technology) we can easily see on

Indian family system (joint family) and caste system. (For detailed analysis of the
influence of economic factor, see Marx’s views discussed in Economic Theory
of Social Change).

6. Political Factor:
State is the most powerful organisation which regulates the social relationships.
It has the power to legislate new laws, repeal old ones to bring social change in
the society. Laws regarding child marriage, widow remarriage, divorce,
inheritance and succession, untouchability are some of the examples which have
brought many changes in the social structure of Indian society.

The type of political leadership and individuals in power also influences the rate
and direction of social change. In many societies the political leadership controls
the economy also. Scientific-technological and non-technological change are also
dependent on political development which indirectly affects social change.

There is a direct relationship between the type of political organisation and social
change. In hunting and gathering societies, there were no political organisation
capable of mobilising the community, as such; there were minimum changes in
the societies. In all other types of society, however, the existence of distinct
political agencies, such as chiefs, lords, kings and governments strongly affects
the course of development of society takes. A ruler may choose to channel
resources into building up his castle, for example, even when this impoverishes
most of the population.

Political development in the last two or three centuries (in India especially after
independence) has certainly influenced economic change as much as economic
change has influenced politics. Governments now play a major role in stimulating
(and sometimes retarding) rates of economic growth. In all industrial societies
there is high level of state intervention in production.
CASTE INEQUALITY

Intrduction: The graded inequality is different from straight forward category

of poor and non-poor or haves and non-have. Ambedkar observed: one striking
feature of the caste system is that the different castes do not stand as an horizontal
series all on the same plane .It is system in which the different castes are placed
in a vertical series one above the others – the principle of gradation and rank
(Ambedkar first in 1987) .The gradation is founded on the principle of unequal
assignment of economic, education and civic rights in a graded manner across the
castes . The Bahamians who occupy the top place in caste hierarchy, are
privilege with all rights, and the right reduces in graded manners as we move
from Brahmin to higher caste, to other backword castes and to the untouchables
.The Brahmin have more rights than all caste below them , the Khatriya who are
next to Brahmin have less rights than Brahmins , but more than three castes below
them , the Vaishya have less rights than Brahmin/ Khatriya but more than
Shudra/untouchables, and the Shudra have less right than /Brahmin/Khatriya
/Vishya , but have more than untouchables .The untouchables have no right to
property , education and civic rights, except obligatory services to four castes
above them. Thus, a uniqueness of graded caste inequality is that it involves
narrowing down in entitlement to economic and social rights, as we move from
the top of caste hierarchy to the bottom. This also means that 2 every caste suffers
from loss of some rights, expect the Brahmin. But all caste (below Brahmin) do
not suffers equally from loss of rights, some suffers more than others. The
untouchables who are placed at the bottom of caste hierarchy suffered the most
as they do not have any rights except to serve the four castes above them. The
graded caste inequality was the master stroke of Brahmin imaginative
scholarship, which took away the basic and fundamental requirements necessary
for development of human being. This denial of the basic rights fundamental for
the social growth of human being completely crippled the former untouchables
form which they could never recovered for many centuries till today.1

Constitutional protection: 15,16, dpsp

Prevention of atrocities act

REASONS

Illiteracy

Downtrodden

Lack of resources

Caste based occupation

Unequal ownership of wealth: The unequal ownership of wealth is the main

reason for graded inequality. As it is, the inequality in ownership of wealth in
India is high. In 2013 latest wealth survey, indicate that the top 20 percent of
person owned almost 76 percent of the wealth in the country and bottom 20
percent owned less than 1 percent , and 20 to 40 quintile owned 2.7 percent .

Caste Discrimination in wages, jobs and employment: 2012 We have seen above
that about 39 percent difference between the high caste and SC , and 35 percent
between OBC and SC are due to caste discrimination. In case of SC it is due to
caste discrimination faced by them in market and nonmarket spheres. We present
the evidence based on the National Sample survey for 2012 on the discrimination
in wage earning, jobs and employment

1. It hindered national unity:

The caste system developed a parochial feeling and made the people unduly
conscious of their own castes. Many a time caste interests were given priority
over national interest. Thus the whole system stood against the very concept of
national unity.
2. It stood against democracy:
The caste system ran contrary to the democratic spirit. Democracy presupposes
human equality, but the caste system believed in inequality and there was a
hierarchical arrangement wherein the Brahmins were at the top, whereas the
Sudras were at the lowest rung of the ladder.

3. It resulted in suppression:
In the caste system the lower castes were suppressed and repressed by the higher
castes. The Sudras were very ill-treated and they were not allowed to come to the
public places. Even their shadows were considered profane by the higher caste
people. Inter-dining and inter-mixing with the lower castes was not allowed. Thus
the system was solely based on exploitation of the lower castes.

4. It hampered national development:

Under the caste system only a few got the scope to control the national life and
the others were engaged in serving the higher castes, like the Brahmins and the
Kshatriyas. In the national interest it is essential that all the sections of the society
should contribute to the social welfare, but the downtrodden sections did not have
any voice in national development and advancement.

5. It resulted in treachery and the ultimate fall of the Hindus:

In a traditional caste-ridden society, the Sudras were fully aware that they could
not prosper in the Hindu society. As a result, at the time of invasion by outsiders,
some of them leaked out the strategic secrets to them. They also cooperated with
the invaders instead of their own people. Their treachery ultimately became
responsible for the fall of the Hindus.

6. It resulted in religious conversion:

The dominance of Brahminism became intolerable on the part of the Sudras, who
were the most neglected people in the Hindu society. They were easily allured by
the ideology and philosophy of Islam as well as Christianity. Many of them
embraced the new faiths. In this way the caste system contributed to the expansion
of Christianity and Islam in India.

7. It undermined the ability and aspirations of the people:

Since in the caste system one’s status and role are fixed up from the time of one’s
birth, one’s ability, personal endeavor or diligence became meaningless in order
to bring about any transformation. Acceptance of one’s own hereditary status
became mandatory and unquestionable. Thus the aspirations and ability of people
were relegated to the background in the caste system.

8. It created a false sense of prestige among higher castes:

The higher castes believed that they had the monopoly of wisdom. They felt that
all other castes should consult them and work for them. This created a wide gulf
between the higher and the lower castes.

9. It resulted in the creation of a class of idlers:

The Brahmins, being at the top of the caste hierarchy, were supposed to teach and
preach religion. But in course of time they became apathetic to their avowed
profession and did not devote themselves to this task. They knew it very well that
they would not be thrown out of their castes, despite their insincerity. As a result,
they began to live on the labour of other castes without any useful contribution to
the society. Thus a class of idlers came into existence in the Hindu social system.

10. It resulted in the introduction of untouchability:

The worst aspect of the caste system was untouchability. The untouchable
suffered from various social, economic, political and religious disabilities. In the
name of religion, they were thoroughly exploited in the most inhuman manner.
The lower castes were placed in the category of untouchables. Their children were
never allowed to be educated and they were compelled to take unclean
occupation.

The Sudra women were prohibited from wearing presses in the manner the
Brahmin women dressed themselves. They were not allowed to use public well,
ponds, places of worship etc. The fear of the wrath of God and religious
conventions made the lower castes follow all the religious prescriptions and
proscriptions.

11. It gave a lower status to women:

In the caste system, the women were utterly neglected. They enjoyed a very
conservative and traditional type of status. They were denied the privilege of
higher education. They could not voice their opinion in public affairs.

The women belonging to the higher castes led a still more precarious life due to
the practice of child marriage and prohibition of widow remarriage. The desire
for a male made women produce more and more children which affected their
physical and mental condition. Sometimes the lower caste women were sexually
harassed by the higher caste males but they could not protest against them due to
the prevailing social pattern. In a nutshell, women enjoyed a very low status in
the caste system.
ECONOMIC INEQUALITY

Constituonal protection

Causes:
In India, inequality in the distribution of income has increased for various
reasons.

The main reasons are the following:

1. Unemployment:
The main reason for low level of income of the majority of Indian people is
unemployment and underemployment and the consequent low productivity of
labour. Low labour productivity implies low rate of economic growth which is
the main cause of poverty and inequality of the large masses of people. In fact,
inequality, poverty and unemployment are interrelated. Since sufficient
employment could not be created through the process of planned economic
development, it was not possible to increase the income levels of most people.

2. Inflation:
Another cause of inequality is inflation. During inflation, few profit earners gain
and most wage earners lose. This is exactly what has happened in India. Since
wages have lagged behind prices, profits have increased. This has created more
and more inequality. Moreover, during inflation, money income increases no
doubt but real income falls. And this leads to a fall in the standard of living of the
poor people since their purchasing power falls.

No doubt, inequality has increased due to rise in prices. During inflation workers
in the organised sector get higher wages which partly offset the effect of price
rise. But wages and salaries of workers in unorganised sectors (such as agriculture
and small-scale and cottage industries) do not increase. So their real income
(purchase income) falls. This is how inequality in the distribution of income
 increases between the two major sectors of the economy — organised and un-
organised.

3. Tax Evasion:
In India, the personal income tax rates are very high. High tax rates encourage
evasion and avoidance and give birth to a parallel economy. This is exactly what
has happened in India during the plan period. Here, the unofficial economy is as
strong as (if not stronger than) the official economy. High tax rates are responsible
for inequality in the distribution of income and wealth. This is due to undue
concentration of incomes in a few hands caused by large- scale tax evasion.

4. Regressive Tax:
The indirect taxes give maximum revenue to the government. But they are
regressive in nature. Such taxes have also created more and more inequality over
the years due to growing dependence of the Government on such taxes.

5. New Agricultural Strategy:

No doubt, India’s new agricultural strategy led to the Green Revolution and raised
agricultural productivity. But the benefits of higher productivity were enjoyed
mainly by the rich farmers and landowners. At the same time, the economic
conditions of landless workers and marginal farmers deteriorated over the years.
Most farmers in India could not enjoy the-benefits of higher agricultural produc-
tivity. As a result, inequality in the distribution of income in the rural areas has
increased.

Dimensions of Inequality in India

 In India, following are distinctive forms of social inequality:

Caste
 Caste is significant factor for determining access to resources like education,
income, health valued by individuals.

 India’s upper caste households earned nearly 47% more than the national
average annual household income, the top 10% within these castes owned 60%
of the wealth within the group in 2012, as per the World Inequality Database.

Religion

 Religious identities are significant for an individual’s ability to mobilize

resources.

 Religious identities can cause prejudices which may lead to economic exclusion
and other forms of discrimination which can impact jobs and livelihood
opportunities.

 While minorities such as Christians, Parsis and Jains have a larger share of
income/consumption than their population share, Muslim and Buddhist
populations have significantly lower access to economic resources.

Ethnicity

 Tribal communities in India have been identified as ethnic group on the basis
of their unique culture, language, dialect, geographical location, customs etc.

 The National Family Health Survey 2015-16 (NFHS-4) showed that 45.9% of
ST population were in the lowest wealth bracket as compared to 26.6% of SC
population, 18.3% of OBCs, 9.7% of other castes.

Economic Inequality

 The 2019 report by Oxfam, titled "Public good or Private Wealth?" showed that
India’s top 10% holds 77.4% of the total national wealth, while the top 1%
holds 51.53% of the wealth.
 The bottom 60% population holds only 4.8% of the national wealth.

 13.6 crore Indians, who make up the poorest 10% of the country, have
continued to remain in debt for the past 15 years.

 The Gini coefficient of wealth in India in 2017 is at 0.83, which puts India
among the countries with highest inequality countries.

Consequences of Inequalities

 Inequalities tend to produce social conflict among the social groups e.g. caste
groups like Jaats, Maratha, Patels are demanding reservations but this demand
is opposed by caste groups already claiming the benefits of reservations, such
clash of interest due to perceived inequality tend to produce violent conflicts
between opposing caste groups.

 Inequalities among ethnic groups have led to various ethnic

movements demanding separate states or autonomous regions or even outright
secession from India. North East has been rocked by numerous such ethnic
movement e.g. by Nagas for greater Nagalim etc.

 Religious inequality tends to generate feeling of exclusion among religious

minority groups. This reduces their participation in mainstream, in India
religious minorities have large population their economic exclusion
compromises the GDP growth of nation as whole.

 Poor development indicators like IMR, MMR, low per capita income, lower
education and learning outcomes at schools, high rate of population growth can
be traced to existing socio-economic inequalities.

 High economic inequality is detrimental to public healthcare and education.

Upper and Middle classes do not have vested interest in well functioning public
healthcare and education as they have means to access private healthcare and
education.
 Measures to Deal with Inequalities

 Constitutional Provision

o Enforcement of Constitutional Guarantee of equality as enshrined in

fundamental rights. Articles 14, 15 and 16 form part of a scheme of the
Constitutional Right to Equality. Article 15 and 16 are incidents of guarantees
of Equality, and gives effect to Article 14.

 Promoting Civil Society

o Provide a greater voice to traditionally oppressed and suppressed groups,

including by enabling civil society groups like unions and association with in
these groups.

o Scheduled castes and Scheduled tribes should be motivated to become

entrepreneurs, schemes like Stand up India need to be expanded to widen its
reach by increasing funding.

 Women Empowerment

o For gender equality policies like affirmative action by reserving seats in

legislatures, increasing reservation at Local self government both at Urban
and village level to 50% in all states, strict implementation of The Equal
Remuneration act,1976 to remove wage gap, making education curriculum
gender sensitive, raising awareness about women right, changing social
norms through schemes like Beti Bachao Beti Padhao etc.

 Inclusion of Religious Minorities

Religious minority groups need special attention through representation in

government jobs, provision of institutional credit, improvement of their
education access, protection of their human rights by empowering National
commission for Minority, strengthening rule of law etc.
 Progressive Taxes

o Additional public resources for public services by progressive taxes on

wealthy more and by increasing the effective taxation on corporations, more
importantly broadening the tax base through better monitoring of financial
transactions.

 Economic Policies

o By ensuring universal access to public funded high quality services like

Public health and education, social security benefits, employment guarantee
schemes; inequality can be reduced to great extent.

 Employment Generation

o The failure to grow manufacturing sectors like Textile, Clothing,

automobiles, consumer goods etc. is the important reason of rising
inequalities.

o The Labor-intensive manufacturing has the potential to absorb millions of

people who are leaving farming while service sector tend to benefit majorly
urban middle class.

Conclusion

 India has committed to attaining the Sustainable Development Goals by 2030,

and to end extreme poverty by that year.

 According to Oxfam if India stops inequality from rising further, it could end
extreme poverty for 90 million people by 2019. If it goes further and reduces
inequality by 36%, it could virtually eliminate extreme poverty.
GENDER INEQUALITY

Introduction: During the last century several social and legal measures have
been initiated to remove disparities between men and women. Social reformers
have actively campaigned against Sati Daha, cruelty against women and Purdah
system.

But cruelty against women and gender discrimination still persist in each and
every society in greater or lesser degree.

This is obvious from the media reports, and T.V. news on assault and
discrimination against women. Gender discrimination refers to both
discrimination against men and women but in our society only women are
discriminated, not men.

Women are said to be the better half of the husband, but woman is considered as
the worst half in reality in our society. What is the meaning of gender? Gender
means a society’s beliefs about the traits and behaviour of male and female or
whether a person is of male sex or female sex.

Discrimination on the grounds of sex is a chronic disease in our society. It persists

since many hundred years. This bias has been transmitted into our culture from
generation to generation. Cultural beliefs or fixed ideas about differences between
men and women lead to gender discrimination.

When the hostility is greater there may be discrimination. For examples many
prevent women from attending an interview or getting an employment. Though
gender discrimination is a very old practice in our society it became more
pronounced with the increase in population.

Though men and women are the two sides of a coin and contribute together
for the family and upliftment of the society, stay together and sleep on the same
bed, women are looked down with bias and prejudice even in their own family.
Women contribute equally to the population of the world like men.

Women in the last century and also in the twenty first century have earned name
and fame in every area; be it politics, profession, space research, medical science,
home management, administration, education, computer science, business and
research in different areas.

Many women have also held highest national and international offices which
could have helped in reducing gender disparity and stereotypes against women.

Observation of the society’s and family’s reaction to women shows that in the
majority of the cases even to-day women are considered inferior to men, in-spite
of the research evidences that women are in no way inferior to men, in their
abilities, gifted qualities, intelligence, aptitude and general characteristics.

Poverty – This is the root cause of gender discrimination in the patriarchal Indian
society as the economic dependence on the male counterpart is itself a cause of
gender disparity. A total of 30 percent people live below the poverty line and out
of this 70 percent are women.
Illiteracy - Gender discrimination In India had led to educational backwardness
for girls. It’s a sad reality that despite educational reforms in the country girls in
India are still denied a chance at learning. The mindset needs to be changed and
people need to understand the benefits of educating girls. An educated, well-read
woman ensures that other members especially the children of the house get
quality education.
Patriarchal setup in our Indian society – Men dominate societal and family life
in India, this has been the case in the past ages and still continues to be practiced
in majority of the households. Though this mindset is changing with urbanization
and education, still there is long way to go for a permanent change in the scenario.
LEGAL AND CONSTITUTIONAL SAFEGUARDS AGAINST
GENDER INEQUALITY
Indian Constitution provides for positive efforts to eliminate gender inequality;
the Preamble to the Constitution talks about goals of achieving social, economic
and political justice to everyone and to provide equality of status and of
opportunity to all its citizens. Further, women have equal right to vote in our
political system. Article 15 of the Constitution provides for prohibition of
discrimination on grounds of sex also apart from other grounds such as religion,
race, caste or place of birth. Article 15(3) authorizes the Sate to make any special
provision for women and children. Moreover, the Directive Principles of State
Policy also provides various provisions which are for the benefit of women and
provides safeguards against discrimination.
HOW WE CAN ELIMINATE GENDER INEQUALITY
The list of legislations as well as types of discriminations or inequalities may go
on but the real change will only come when the mentality of men will change;
when the male species of human beings would start treating women as equal and
not subordinate or weaker to them. In fact not only men but women also need to
change their mindset as through cultural conditioning they have also become
part of the same exploitative system of patriarchy and are playing a supportive
role in furthering men’s agenda of dominating women.

Therefore, what is needed is the movement for Women’s empowerment where

women can become economically independent and self-reliant; where they can
fight their own fears and go out in the world fearless; where they can snatch their
rights from the clutches of men and they don’t have to ask for them; where women
have good education, good career, ownership of property and above all where
they have freedom of choice and also the freedom to make their own decisions
without the bondages of age old saying of Manu.
Let’s hope and wish that our participative democracy, in times to come, and with
the efforts of both women and men, would be able to found solutions to the
problem of gender inequality and would take us all towards our cherished dream
of a truly modern society in both thought and action.
STATUS OF INDIAN WOMEN : THROUGH AGES

From 'pre-historic' to 'modem times' one can find a great variation in the condition
and position of women. Their status varied from total slavery to freedom and
sometimes a status inferior/equal/superior to men. It is observed that from pre-
historic to Indus valley civilization of Harappa and Mohen-jo-Daro, women
enjoyed an equal status with men.

Fortunately the social structure of vedic society also encouraged the equality of
women. They enjoyed greater freedom and rights, as 'Altekar' declared that the
position of women during vedic period was 'fairly satisfactory'^ Therefore,
women of vedic age had right to education. They were also allowed to undergo
'Upanayana' rite. Fortunately, vedic women as wives was enjoyed an equal
status to that of men to participate in sacrificial rites and were men's equal in
upholding 'Dharma'. Women as a mother also had a great value in vedic society.
The advent of Buddhism further brought a positive change in Indian women's
position. It allowed women the freedom to be educated, to travel 84 as
missionaries or even to remain unmarried.

Jainism also professed equality between both the sexes. 'Mahavira' gave much
emphasis on liberation of both men and women, in his views 'Atma' has no
division of male and female, one could achieve liberation only by living within a
monastry or nunnery

Women in Mauryan society (320 CA 180 B.C.E.) also enjoyed greater rights
and freedoms. In 'Arthasastra' Kautilya granted equal rights to 85 women with
men. They were given the right to divorce under certain specific circumstances.
Kautilya also treated the absence of husband a cause for his wife's re-marriage.^'
The favourable atmosphere to women continued during the classical age of
Guptas (320-540 C.E.). Women in Gupta period, had a higher status and
respectable position in the society. Guptas also had the civil laws pertaining to
marriage, dowry and inheritance. Widows were allowed to remarry and even
share political power in certain circumstances

While tracing the evidences of crime and violence the custom of 'sati' and 'widow-
burning' was the only crime against the women of ancient India, which came
into existence around 4"* century B.C.

Medieval Indian history which spread over 500 years (AD 1200 - Ad 1700/^ is
regarded as the 'dark age' for Indian women. A period which gave rise to all
kinds of violence and atrocities against women. Though, women of that period
became the worst victim of crime and violence but surprisingly, an investigation
of their 'role in the society' presents an entirely different picture. Medieval Indian
women were very active, laborious and hard working, performing household
duties was 87 entirely their task. Fetching water from river, tank and well were
routine activities performed by them

preference for a male child, polygamy, gender discrimination, female

foeticide. Child-marriage

It is really fortunate that a positive change in the attitude towards women came
with Akbar. He disfavoured child-marriage. Custom of dowry also started
taking roots and was now changing its nature from a tradition to crime that it
ruined so many lower and middle 92 class families of medieval India. Evidences
shows that, Bengal was the province which practiced this evil in its worst form
as there was a custom of giving away a younger sister of the bride to the bride
groom as a part of dowry.
In the light of above discussion it can be concluded that the overall position of
women in the medieval India was not satisfactory. They were the victims of
various types of violence committed both in private as well as public. The evil
practices like female-infanticide, child-marriages, polygamy, prohibition of
widow-remarriages, rape, abduction, purdah, seclusion, sati and Jauhar
made their lives a curse. Though some Mughal emperors like Jahangir,
Aurangzeb, particularly Akbar were really concerned for the welfare of women.
They also opposed the atrocities committed against them by making pro-women
laws and by commenting their status through writings. Despite all these, the fact
can never be denied that violence and atrocities against women particularly
domestic violence against women was the normal phenomena during the Mughal
period.

Modem India which refers to the period from A.D. 1700 to A.D. 1947 was also
a worst period for Indian women, full of crime and violence against them.

Britishers came to India with the prime aim of protecting their commercial
interest and economic exploitation of India. The political and economic progress
of the country also increased 98 the dependency of women on men, which played
a major role to continue and re-establish the dominance of patriarchal structure.
Most of the time they also maximized their own capitalist benefits at the cost of
progress of women.

Though, the Britishers considered Indians inhuman and barbaric towards

their women

For the first time in the 19'*' century in India, voices were raised against the
unequal status of women. Indian men with modem education like Raja Ram
Mohan Roy (d. 1832), Ishwarchandra Vidyasagar (1820-191), Keshav
Chandra Sen (d. 1884), M.G. Ranade, Maharshi Karve, Jyotiba Phule and
Swami Dayanand Saraswati started to fight for the cause of women in matters
such as 'Sati' (the high caste practice of widow burning) child-marriages, widow-
remarriages and female education. The movement led by Raja Ram Mohan Roy
against 'Sati' was strongly supported by Lord Bentink the governor general of
India. On 4"* December 1829 finally 'sati' was abolished and legally Indian
women got relief against such inhuman form of domestic violence against them.'^
Similar to this due to the effort of social reformists various laws were also enacted
by British government to no protect the women against domestic violence like.
Prohibiting the Practice of Sati Act, 1850 Caste DisabilitiesRemoval Act 1850
The Hindu Widow Remarriage Act 1856 Female Infanticide Act 1870 The
Special Marriage Act 111 of 1872^" The Christian Marriage Act, 1872
Indian Evidence Act, 1872 The Married Women's Property Act 1874'^Education
is highly required to empower women, to achieve many social, psychological,
economic and political dreams. The same was also observed by Nehru in a speech
at a girl's college New Delhi in 1950, Nehru mentioned that, "Women's education
was important for making better homes, better family and better society".''*

So, the historical overview of the status of women in India through different
ages e.g. ancient, medieval, modem, post-colonial to present, to trace the
evidences of domestic violence against women, reveals the actual position of
women. From the historic perspective it can be said that prevedic Indian women
had almost fairshare with men. Similarly women of vedic age also enjoyed a
higher status. They had so many rights and freedoms including the rights of
education and property rights. As Anne Besant (1847 - 1933) asserted that in
ancient times Hindu women were educated and moved freely in the society, she
also argued a return to this 'golden age'.''*'* So, this era was regarded as a
golden age for Indian women by the historians. These facts totally deny the
presence of domestic violence against the women of Ancient India. Deterioration
of women's status developed highly during medieval period, which did not
improve during the British rule. It is highly unfortunate that despite having
several legislations the graph of crime against women also went very high even
in post-colonial period which is continued till today. Positively, the efforts and
struggle of Indian reformists of 19"' and 20"^ centuries resulted in the enactment
of various pro-women legislation in the colonial and independent India.
Definitely these 'Acts' and 'legislations' in themselves were very good to protect
the women against violence particularly domestic violence. But the laws alone
are not enough to bring radical changes in the lives of Indian women, without a
positive change in the attitude and minds of the people.

Economic Justice

Economic rights are fundamental human rights. Yet around the globe, women are
more likely to live in poverty than men. More women work in vulnerable, low-
paid, or undervalued jobs. And in most countries, women earn on average only
60-75% of men’s wages (UN Women).

We envision a world where all women, girls, and trans people have a voice and
choice in the work they do; where they are paid equal wages in safe and secure
workplaces; and where they can be leaders and decision-makers in their work.

WHY IT MATTERS
Issues of economic justice disproportionately impact women, girls, and trans
people. There are great disparities in both paid and unpaid work, job security, and
opportunities. Women factory workers and domestic workers face some of the
worst forms of abuse. Climate change poses a greater threat to the lives and well-
being of women farmers, who make up the majority of food producers and farm
labor in many countries.

We believe in funding women’s organizations working to secure these rights and

supporting women leaders in their communities and in their workplaces. Women
also play a critical role in breaking the cycle of poverty. When women have
sustainable incomes they invest in their communities and families—buying or
growing more and healthier food, investing in their family’s health care and
medicine, and using their income to pay for their children’s education or training.
Economically empowered women create healthier, more sustainable, and more
equitable societies.

WHAT WE’RE DOING TO DRIVE CHANGE

Women are disproportionately affected by poverty in most parts of the world due
to entrenched traditions, unjust economic policies, conflict, and climate change.

But women-led organizations around the globe are making great progress in
advancing environmental justice. Global Fund for Women’s current economic
justice grantmaking priorities are to:

 strengthen rights for domestic and garment

workers;

 support rural women’s leadership in

agriculture with a focus on environmental
conservation and climate resilience

Women disproportionately make up the workforce of domestic and garment

workers, and too often these sectors do not offer fair wages, employee
protections, or safe, secure work environments. We support groups who work for
the rights and protections of domestic workers and garment workers, and those
who help build the leadership skills of women workers to enable them to advocate
for their own rights.

Climate change is affecting the lives of many of the world’s women. Women
farmers’ economic security is directly linked to the ecosystem that supports the
crops they grow or sell to feed their families. This ecosystem is being degraded
by unsustainable practices and the effects of climate change. We fund efforts to
support women farmers in environmental conservation, climate resilience, and
leadership.
Health risks In infancy and childhood

Health risks of adolescence

Reproductive health

Other health problems of increasing concern Because of women's lower social

status, the impact of many other diseases on women has been largely ignored.
This is true in the case of diseases such as malaria, leprosy, onchocerciasis,
lymphatic filariasis, leishmaniasis, schistosomiasis and tuberculosis. Recent
studies show that, while they may not be infected more than men by these
diseases, women tend to suffer more severe consequences (42). This is often a
result of the stigma attached to such diseases, the fact that women often deny their
symptoms until they are too severe to ignore and their feelings of guilt as illness
prevents them fulfilling their expected care-giving role in the household
Evolutionary Theory Of Social Change

In the 19th century, thinkers such as Comte, Hegel and Karl Mannheim gave
much significance to the role of thoughts of social change. Evolutionary theories
are based on assumption that change always occur from simple to complex,
similarity to dissimilarity and from good to evil. Scholars such as Comte,
Spencer, Hobhouse etc believe that social change occurs in a definite straight
line. Each society has to go through these levels. Comte believed that there are
three levels for evolutionary form( from religion to specific). Spencer believed
that there are four levels (from hunting to industrial). Marx believed that there are
five levels ( from primordial communist to modern communist). Marx and
Veblen presented not only the linear order of social change, but both of them also
gave significance to the economic and technological factors. Hence their theories
are also called Deterministic Theories.

THEORY OF COMTE

Comte has related the social change with intellectual development of man.
According to him there are three stages of mental development and social change

 Theological Stage

Theological Stage was the first stage. In this stage man tried to understand events
in context of God and religion. During that period, there were different forms of
religion. Polytheism, monotheism and worship of environment were prevalent.

 Metaphysical Stage

The second stage of social change is Metaphysical Stage in which man use to
explain events based on their qualities. In this stage, man’s belief in supernatural
powers decreased. The abstract power present in living beings was only supposed
to be responsible for all the events.
  Scientific Stage

The third stage is the Scientific Stage that exists in the present time. In this stage
man does not explain events on the basis of religion, God and supernatural
powers. Rather logic and scientific rules are applied.

Review – There is no doubt that the schematic and successive description of the
changes in society by Comte is commendable. But this theory cannot be accepted
completely. He has pointed three stages of human development, but it is not
mandatory that every society has undergone all these stages. These stages can
take place either in the first stage or can occur in two stages simultaneously.

Evolutionary Theories

Evolutionary theories are based on the assumption that societies gradually change
from simple beginnings into even more complex forms. Early sociologists
beginning with Auguste Comte believed that human societies evolve in a
unilinear way- that is in one line of development. According to them social
change meant progress toward something better.

They saw change as positive and beneficial. To them the evolutionary process
implied that societies would necessarily reach new and higher levels of
civilization.L.H Morgan believed that there were three basic stages in the process:
savagery, barbarism and civilization.Auguste Comte's ideas relating to the three
stages in the development of human thought and also of society namely-the
theological, the metaphysical and the positive in a way represent the three basic
stages of social change. This evolutionary view of social change was highly
influenced by Charles Darwin's theory of Organic Evolution.

Those who were fascinated by this theory applied it to the human society and
argued that societies must have evolved from the simple and primitive to that of
too complex and advanced such as the western society. Herbert Spencer a British
sociologist carried this analogy to its extremity. He argued that society itself is an
organism. He even applied Darwin's principle of the survival of the fittest to
human societies. He said that society has been gradually progressing towards a
better state. He argued that it has evolved from military society to the industrial
society. He claimed that western races, classes or societies had survived and
evolved because they were better adapted to face the conditions of life. This view
known as social Darwinism got widespread popularity in the late 19th century. It
survived even during the first phase of the 20th century. Emile Durkheim
identified the cause of societal evolution as a society's increasing moral
density.Durkheim viewed societies as changing in the direction of greater
differentiation, interdependence and formal control under the pressure of
increasing moral density. He advocated that societies have evolved from a
relatively undifferentiated social structure with minimum of division of labor and
with a kind of solidarity called mechanical solidarity to a more differentiated
social structure with maximum division of labor giving rise to a kind of solidarity
called organic solidarity.

Cyclical theories:
Cyclical theories of social change focus on the rise and fall of civilizations
attempting to discover and account for these patterns of growth and
decay.Spengler, Toynbee and Sorokin can be regarded as the champions of this
theory.Spengler pointed out that the fate of civilizations was a matter of destiny.
Each civilization is like a biological organism and has a similar life-cycle, birth,
maturity, old-age and death. After making a study of eight major civilizations
including the west he said that the modern western society is in the last stage i.e.
old age. He concluded that the western societies were entering a period of decay
as evidenced by wars, conflicts and social breakdown that heralded their doom.

Toynbee:
Arnold Toynbee's famous book 'A study of History' (1946) focus on the key
concepts of challenge and response. Every society faces challenges at first,
challenges posed by the environment and later challenges from internal and
external enemies. The nature of responses determines the society's fate. The
achievements of a civilization consist of its successful responses to the
challenges; if cannot mount an effective response it dies. He does not believe that
all civilizations will inevitably decay. He has pointed out that history is a series
of cycles of decay and growth. But each new civilization is able to learn from the
mistakes and to borrow from cultures of others. It is therefore possible for each
new cycle to offer higher level of achievement.

Sorokin:
Pitirin Sorokin in his book Social and Culture Dynamics - 1938 has offered
another explanation of social change. Instead of viewing civilization into the
terms of development and decline he proposed that they alternate of fluctuate
between two cultural extremes: the sensate and the ideational. The sensate culture
stresses those things which can be perceived directly by the senses. It is practical,
hedonistic, sensual and materialistic. Ideational culture emphasizes those things
which can be perceived only by the mind. It is abstract, religious concerned with
faith and ultimate truth. It is the opposite of the sensate culture. Both represent
pure types of culture. Hence no society ever fully conforms to either type. As the
culture of a society develops towards one pure type, it is countered by the
opposing cultural force. Cultural development is then reversed moving towards
the opposite type of culture. Too much emphasis on one type of culture leads to
a reaction towards the other. Societies contain both these impulses in varying
degrees and the tension between them creates long-term instability. Between
these types lies a third type 'idealistic' culture. This is a desirable blend of other
two but no society ever seems to have achieved it as a stable condition.
Functionalist or Dynamic theories:
In the middle decades of the 20th century a number of American sociologists
shifted their attention from social dynamics to social static or from social change
to social stability.Talcott Parsons stressed the importance of cultural patterns in
controlling the stability of a society. According to him society has the ability to
absorb disruptive forces while maintaining overall stability. Change is not as
something that disturbs the social equilibrium but as something that alters the
state of equilibrium so that a qualitatively new equilibrium results. He has stated
that changes may arise from two sources. They may come from outside the
society through contact with other societies. They may also come from inside the
society through adjustment that must be made to resolve strains within the system.
Parsons speaks of two processes that are at work in social change. In simple
societies institutions are undifferentiated that is a single institution serves many
functions. The family performs reproductive, educational, socializing, economic,
recreational and other functions. A process of differentiation takes place when
the society becomes more and more complex. Different institutions such as
school, factory may take over some of the functions of a family. The new
institutions must be linked together in a proper way by the process of integration.
New norms must be established in order to govern the relationship between the
school and the home. Further bridging institutions such as law courts must resolve
conflicts between other components in the system.

Conflict theories:
Whereas the equilibrium theories emphasize the stabilizing processes at work in
social systems the so-called conflict theories highlight the forces producing
instability, struggle and social disorganization. According to Ralf Dahrendorf the
conflict theories assume that - every society is subjected at every moment to
change, hence social change is ubiquitous. Every society experiences at every
moment social conflict, hence social conflict is ubiquitous. Every element in
society contributes to change. Every society rests on constraint of some of its
members by others. The most famous and influential of the conflict theories is
the one put forward by Karl Marx who along with Engel wrote in Communist
Manifesto 'all history is the history of class conflict.' Individuals and groups with
opposing interests are bound to be at conflict. Since the two major social classes
the rich and poor or capitalists and the proletariat have mutually hostile interests
they are at conflict. History is the story of conflict between the exploiter and the
exploited. This conflict repeats itself off and on until capitalism is overthrown by
the workers and a socialist state is created. What is to be stressed here is that Marx
and other conflict theorists deem society as basically dynamic and not static. They
consider conflict as a normal process. They also believe that the existing
conditions in any society contain the seeds of future social changes. Like Karl
Marx George Simmel too stressed the importance of conflict in social change.
According to him conflict is a permanent feature of society and not just a
temporary event. It is a process that binds people together in interaction. Further
conflict encourages people of similar interests to unite together to achieve their
objectives. Continuous conflict in this way keeps society dynamic and ever
changing
Globalisation and law

Introduction

Viewed narrowly, globalization is a governmental policy favoring free trade,

open borders, the free movement of capital and goods (but not always of
people), elimination of tariffs and price controls (including artificial control of
currency values), and the privatization of publicly-owned or controlled
enterprises. Globalization is also a word used to describe all manner of
phenomena associated with such a policy—both positive and negative. In the
U.S., the positive consequences of globalization so far have been inexpensive
imports and the ability of companies to more easily invest abroad; the negative
consequences have been the loss of jobs to off-shored operations and
outsourced functions, large trade deficits, and foreign ownership of domestic
assets. Globalization is a polarizing issue generally favored by the right in the
name of free markets and opposed by the left as a policy that favors "Big
Capital" and hence a small corporate elite.

HISTORICAL CONTEXT
The International Monetary Fund, an organization of 184 countries, suggests in
its definition that globalization is something of a natural process. Globalization,
according to the IMF, is "a historical process, the result of human innovation
and technological progress. It refers to the increasing integration of economies
around the world, particularly through trade and financial flows. The term
sometimes also refers to the movement of people (labor) and knowledge
(technology) across international borders. There are also broader cultural,
political and environmental dimensions of globalization…."

Underlying trade is the uneven distribution of the world's resources. Some

people have grain, others have timber. Some can raise animals on plains others
can mine metal in mountains.
A fundamental reason for opposition to globalization arises from its chief
feature, integration and therefore mutual dependence. In democratically
organized countries political blocks can only hope to influence their own
government—not that of scores of others. But unreachable foreign
governments will influence the local economy. And narrow constituencies that
benefit disproportionately from free trade may be able to control the
government. The free trade philosophy, based on the vitality of competition, is
also opposed by a socialist philosophy, based on the virtue of cooperation.

Globalization is a social, cultural, political, and legal

phenomenon.
  Socially, it leads to greater interaction among various
populations.
 Culturally, globalization represents the exchange of ideas,
values, and artistic expression among cultures.
 Globalization also represents a trend toward the
development of single world culture.
 Politically, globalization has shifted attention to
intergovernmental organizations like the United
Nations (UN) and the World Trade Organization (WTO).
 Legally, globalization has altered how international law is
created and enforced.

INSTITUTIONAL EXPRESSION
Globalization is taking place under international treaties to which a majorities of
countries are signatories. Traditionally these treaties have been negotiated in
so-called "rounds" and have resulted in "agreements." The last "round" was the
Uruguay Round in which agreements were signed on April 24, 1994; they went
into effect on January 1, 1995, and established the World Trade Organization
(WTO). Several other agreements were annexed to the "WTO Agreement;"
these include the General Agreement on Tariffs and Trade (GATT), the General
Agreement on Trade and Services (GATS), and the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS). The first GATT was
negotiated and signed in 1947. WTO is now the successor to all of these
agreements.

U.S. TREATIES AND INITIATIVES

Within the U.S. government, the institutional body managing trade activities is
the Office of the United States Trade Representative (USTR

The agreements include APEC (for Asia-Pacific Economic Cooperation, signed

in 1989), NAFTA (North American Free Trade Agreement, which became
effective in 1994), and CAFTA (Central American Free Trade Agreement, which
became effective in 2005). CAFTA includes the Dominican Republic and all
Central American States except Costa Rica which has thus far not ratified the
treaty. The USTR lists CAFTA as a bilateral agreement although it includes a
group of nations.

With CAFTA removed, the U.S. also has 13 bilateral agreements with Australia,
Bahrain, Chile, Columbia, Israel, Jordan, Malaysia, Morocco, Oman, Panama,
Peru, Singapore, and the South African Customs Union.
Most Favored Nations
Just to keep things straight, special trade agreements are not the same as the
often-mentioned "most-favored-nation" designations. The Library of Congress
Research Service provides the following definition for the phrase: "Under the
provisions of the General Agreement on Tariffs and Trade (GATT), when one
country accords another most-favored-nation status, it agrees to extend to that
country the same trade concessions, such as lower tariffs or reduced nontariff
barriers, that it grants to any other recipient having most-favored-nation status."
Each country, therefore, has its own definition of "most favored nation." All those
so designated are treated alike. But some countries may be treated more
favorably still. In that case they will not bear the "most favored" label. NAFTA
members are an example. The phrasing is unfortunate because one is
reminded of George Orvell's Animal Farm. Many nations may be "most
favored," but some are more favored than others.

COSTS AND BENEFITS

The costs and benefits of globalization depend on who you are, where you are,
and even on what you are doing at any one point in time. Are you shopping?
Working? Looking for work? Do you work for a multinational? For a small
business? From the U.S. perspective, globalization has resulted in massive
imports of goods available at very attractive prices in major outlets like Wal-
Mart. This has helped consumers but has brought hardship on many small-
business retailers unable to purchase goods in high quantity in foreign markets
at rock-bottom prices. Globalization has not only made it possible to import low-
priced goods but also to export well-paid jobs to low-wage regions of the world,
thus causing job-losses domestically. Lost jobs may be replaced, but the
general consequences of intense competition with lower-paid labor elsewhere
is to depress income domestically.