The totally hopeless about its future after the partition

          The law is of no use till the time it
is practiced, followed and respected. Sociological jurisprudence is a
term coined by the American jurist Roscoe Pound to describe the approach to the
understanding of the law. This philosophical approach to law, stresses on the
actual social effects of legal institutions, doctrines, and practices. It examines
the actual effects of the law within society and the influence of social phenomena
on the substantive and procedural aspects of law. This is also known as
sociology of law. The basic thought process of Jurisprudence is to make sure
that the need and want of society is kept in mind by the maker of law while
framing the law. It ensures that the law so made is for the welfare of the
people and it’s the job of the lawyers to make sure that the society so
engineered is a string one and each and every member of the society is kept in
mind while framing the law.

         With the various components clamoring
for special privilege and treatment, societies across the world have looked
towards the courts for benevolent interventions. Serving their cause,
sociological jurisprudence has come a long way from being a theoretical stream
towards being consulted for mass reforms. Her we will put light on the role
of the Supreme Court of India, as the final arbiter of the Constitution, in its
performance of this role of bringing about equality and social change, building
way for an advanced and modern outlook. The perspective has been entirely
societal oriented and therefore ‘social change’, as the sociologists look at
it, has been made the focal point. The approach is to analyze the decisions of
the Court, as the reflection of its opinion and contribution towards the
attainment of this egalitarian objective. Sociological jurisprudence plays an
important role in forming the main structure for the formation of the economic
changes taking places in the society. It all refers to the ancient India, at
the time India got independence, when it was totally hopeless about its future
after the partition between India and Pakistan. India had no clue how to form
its layout of laws and jurisdictions to run the country in a peaceful manner.
Moreover , the Indian parliament concentrating all the power of decision making
had more preferentially focus upon the security aspect in order to protect the
people of the country from the newly formed neighbor. At that time nobody had
any idea that the country will one day 
prosper to such a state that its citizens will understand the concept of
social jurisprudence and rack with the changing time and developing nation to
lead the path beyond thought.

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             It is well known that the
relations between individual, society and State are never static, they have
always been changing with the exigencies of time and needs of the society.
Initially the country worked on the laws that were made by the English to ascertain
their dominance over the next era but with changing times the people fought for
independence and removed the control .After independence the new constitution
was formed, Supreme Court of India was then formed to decide over all anomalies
and to set laws to run the system smoothly, then personnel’s were presented
with powers to force these laws all over the nation. As we know the main source
of law in modern times is legislation. By its very nature, legislation brings
about at a particular moment abrupt change in social relations. This is in
sharp contrast to customary law which evolved very slowly over the centuries
without radical and abrupt departure from the past. Since each major technical
advance in modern industrial society brings about a change in social relations,
it calls for new legal norms, which is not possible by slow customary growth.
Hence, legislation has become the most important source of law in modern
society. As pointed out by the sociological jurists, there were often
gaps in the statutory law, and also the statutory law did not always keep pace
with the pace of social development due to advancement in technology. This
required judge made law to fill in these gaps, in certain circumstances.

 

       Over the first period there were many
possibilities tried to eliminate the untouchability although it exists at some places,
various laws were integrated to present the citizens with a modern aspect of equality
in the nation. For this systems like reservation systems were set to present a
common platform and provide exposure to the people of all statutes and
diversities. But this ended up with more demand from the protected community,
as they tried to take the unwanted privilege of the system which resulted with
many chaos, riots and rallies. Considering this, it was a point when the main jurist
who tried to serve for a cause of betterment of the nation, ended up with an
adverse effect all over the country.

      Rather from this there were provisions
made with changing time to overcome the forceful act of bonded labor. People
were set free from their imprisonment and given freedom to choose any
profession and any field of work the like in order to develop and prosper like
valued citizens of the nation. In this Era there was a time when there were
greasy hands that tried to destroy the dignity of the women. To serve for this,
laws were made and emphasized in all areas of the nation. Gender equality was a
factor of main focus where demands were fulfilled to provide equal pay, equal
jobs for the deserved and many more. Due to various crimes taking place that
hurt the dignity of women like rape cases, female feticides, home violence etc.
strict laws were made and enforced to provide women with security, stability
and freedom of existence.

         Over the last years with the
developing nation variety of economic reforms took place in order to support
the common being for its improvement and existence in the competitive world of
fast moving reality. With banks declared as nationalized, the common man
allowed monetary facilities at a very nominal rate of operation. Personal loans
were provided to the people by the government with the aim of improving the
growth of the nation. With digitalization, everything that took place at snail
speed was possible by just a finger touch. But, this also led to various crimes
for which once more laws were set. From this it is clear that the old
analytical approach towards law was obviously abandoned in the interest of
common goals as it was unnecessary, unreal and inconvenient to the emergence of
new social order. Hence a new sociological approach for reconciling conflicting
social interests and values became necessary for bringing peaceful social
change through law. Thus we can conclude that India has remarkably embraced the
concept and principles of Sociological Jurisprudence and that can be seen by
the judgment that is being delivered by the apex Court. Also, different
Statutes has taken into account the theory in a way or other and it can be
easily said that the Sociological Jurisprudence has been widely accepted on the
legal frontier of the country.

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