The law and the society are being in a unique relationship since the
formation of the two. Both act as in a symbiotic relationship, acting as the
cause and effect of changes in one another. But with changing times and needs,
both undergo changes. Though the changes in both are made with a common object,
the peculiarities of both the Law and the Society make them divergent to each
other.
NGOs which find their own existence through Societies Registration Act,
1860 (hereinafter the Act), however can solve the problem of convergence of the
Law and Society. NGOs tend to function mainly at grass-root level of any social
or economical cause which is directly or indirectly impacting the society.
NGOs not only work for spreading awareness but also for the benign motive of
changing the society. For that purpose the NGOs may start various initiatives
and campaigns, therefore acting as a social catalyst. These activities though
have a major impact on the lives of the people and the society, the role of NGOs
as have been described under the Act has ignored a crucial responsibility to be
performed by the NGOs which is to bridge the gap between the Law and the
Society.
In this article, it is argued that although the expectations from the NGOs has
been limited only to social work and social reforms, the big picture comprises
of the greater responsibility on the shoulders of the NGOs to make laws and
society compatible.
Need for Converging Law and Society
Law, if seen from a sociological approach, is the general conditions of human
activity prescribed by the State. The law is majorly influenced by the values
prevalent in a society and therefore is governed by the social values and norms.
The law when seen from a sociological perspective is itself a part of the
society and the social values which the society has evolved within themselves to
control and coordinate their efforts and desires. However, with large
differences within the society itself, the process of law-making became a
difficult task which was surrendered to the State for maintaining society's well
being.
With State having the law-making powers, there arose the difference between the
social norms and law which is strictly enforced by the state. But with this
difference there arose distinct peculiarities of both law and society due to
which the sacred relationship between the law and the society suffered a serious
blow which made the law and the society divergent to each other.
Law, on one hand is much more codified and complex which is binding upon the
people by the state, social norms became an informal set of rules which are
implied in everyday life. However, law requires much more deliberation and
consideration to be formed and enacted. This cumbersome process makes law
incapable of serving to the needs of the society at the right time leading to
incompatibility between law and society.
The incompatibility may have severe repercussions on the society which may
rather increase the crime rates in the society and lose the control over the
people. Also incompatibility can also lead to difficulty in enacting and
enforcing law in the society which is not ready for the changes brought by the
law.
However, the belief that the enactment of the law should wait for the society's
approval is completely a wrong notion. The relationship between the law and the
society is not only influenced by the society alone but also the law is seen
many times influencing the society. Law though is a state instrument, yet it is
capable to bring social reforms and changes to positively impact the society.
This point was also furthered by the Supreme Court in
Joseph Shine v. Union
of India where it cleared its intentions as a judicial body and through its
powers granted under Article 142 of the Constitution.
The tension created due to incompatibility between the behavior desired by the
law and the behavior approved by the society will not only harm the structure of
the society but also make the enforcement of the law difficult. Therefore, the
need for compatibility between the law and the society seems to be obvious in
this situation. The need of the converging law and society was also highlighted
in the judgment of Justice Bhagwati where he furthered the point of law moving
not backward but with the society which will make the society controllable and
coordinated with better measures.
Role of NGOs in linking Law and Society
At present, the NGOs are commonly recognized as the agencies of social work
which instead of having profitable motives, initiates to work for the betterment
of the society. However, an NGO is much more than that. NGO which stands for
Non-Government Organization itself clarifies its roles and responsibilities.
They can be called as the non-state actors who have the same object as of the
state towards the betterment of the society but aim to provide better services
than provided by the state. NGOs mostly function at the grass-root level,
directly providing services to the needy and unprivileged under its programs and
social initiatives.
With their mass campaigns, social drives and programs, the NGOs are capable of
leave a deep imprint in the minds of the people thus changing their behavior and
mindset. The NGOs can contribute in many social issues which need to get more
attention than it is currently getting like Education, Environment, Health,
Human Rights, etc. Moreover, the NGOs act as social mobilizers which also help
in spreading awareness in people and mobilize them towards a social cause.
The quality of the NGOs to act as social mobilizers is often helpful for the
government through which policy awareness and uniting people for a cause is much
easily done by the NGOs than by the state. In the relationship between the law
and the society, NGOs can therefore act as a connection between them, thereby
linking them. NGOs which remain in constant attachment with the society will be
much helpful by making society cognizant about the laws enacted.
With this, the society would be more easily compatible to the laws formed and
will have a better understanding of the law, thus strengthening the law-society
relationship. Also NGOs can inform the society about the disadvantages of the
law for the society, thereby further catalyzing legal reforms and amendments in
the law to make it synchronized to the needs of the society.
The Way Forward
Though it is so far impossible to make law and society perfectly compatible to
each other, still NGOs shall play a major role in making them compatible. The
changes in the law and the society would have to be parallel to each other to
enforce laws in the society in a more efficient manner. With NGOs playing their
part by taking initiatives to aware people about the legal developments in the
country and the pros and cons of various laws with their direct and indirect
effects on the society, the law and society can be converged back as they
previously were.
Many NGOs like
Brahmo Samaj have previously achieved this great feat of
convincing society change its norms and have worked towards building a better
society with effectively helping the state in enforcing the sustainable laws to
catalyze long-lasting social changes. NGOs may be called the social catalysts
and social mobilizers but as pointed out earlier in this article, in the bigger
context NGOs share a much bigger responsibility intrinsically to act as a bridge
between the law and the society.
End-Notes:
- Societies Registration Act, 1860 -
https://legislative.gov.in/sites/default/files/A1860-21.pdf
- social catalyst - https://legislative.gov.in/sites/default/files/A1860-21.pdf
- sociological perspective - http://www.legalservicesindia.com/article/2190/Sociological-Jurisprudence.html
- divergent - https://doi/10.1177/000276427001300406
- incompatibility -
http://www.legalserviceindia.com/legal/article-3334-interrelationship-of-law-and-society.html
- Brahmo Samaj - https://ir.nbu.ac.in/bitstream/123456789/1393/9/09_chapter_02.pdf
- social mobilizers - https://www.researchgate.net/publication/323779847_Role_of_Non-Government_Organizations_in_Social_Mobilization
- policy awareness - https://www.tribuneindia.com/news/ludhiana/ngos-can-help-create-awareness-stop-panic-59892
- legal reforms - http://www.jstor.org/stable/41856557
- Supreme Court in Joseph Shine v. Union of India - https://indiankanoon.org/doc/42184625/
- judgment of Justice Bhagwati - https://indiankanoon.org/doc/800950/
- non-state actors - http://dx.doi.org/10.1080/096145249100077381
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