The doctrine of Social Engineering interpretation of Roscoe Pound theory aims at building an efficient society that would result in the satisfaction of the maximum wants with a minimum of friction and waste. Analyzing the role of legislation, constitutional provisions and court judgments in the process of social engineering in India, it can be seen that India, after independence, the ideal of the socialistic pattern of society. Law comes into play to act as an agency balancing conflicting interests and becomes a tool for social engineering.
Indian law’s
The introduction of certain major changes in the Hindu family law is a very important instance of social reconstruction in India in recent times.[1] This had been brought by such Acts, as The Hindu Marriage Act, 1955, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoption and Maintenance Act, 1956. The provisions of these Acts are calculated to generate effective means of social control. For instance, section 12 of the Act prohibits polygamy which was very prevalent in society before the enactment of the Act. This can be viewed as a measure to balance the interests of the husband and wife as also a means for social control.
The socio-economic revolution that has resulted from new land legislations is best seen in rural India. The land reforms measures, adopted by the State Governments in the wake of Constitutional amendments, are meant to mitigate the hardships of tenants, strengthen and safeguard their tenancy rights and confer a new status on them. This type of legislation can be rightly regarded as one neutralizing the socio-economic disharmony in the rural population. The pitiable conditions and large-scale poverty of the rural population produced a sense of frustration in our peasantry endangering the entire society.[2] The grievances of the agriculturists are being gradual removes by the land reform projects which would ultimately bring about a degree of social satisfaction and create a spirit of co-operation in the masses.
The new labour laws are aimed at bettering the conditions of the workers in trade and industry. These laws have had an impact on the social structure to a large extent. The individual worker’s interest has been given great importance. The freedom of contract between the employer and the employee has been regulated in the interest of the worker and an attempt has been made to assure every worker condition of work ensuring a decent standard of life. A number of important enactments, for example, The Industrial Disputes Act, 1947, The Minimum Wages Act, 1948, The Plantation Labour Act, 1951, The Maternity Benefit Act, 1961 have been designed to curb, if not eradicate, the urge to exploit workers. Thus, they promote the welfare of the workers and balance the interests of employees and employers hence resulting in social engineering.
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.
[1] Kashyap Bal Gobind, Reformative law and social justice in India 8 (Regency publications, new Delhi, 1995).
[2] Karandeep Makkar, Law as a tool for Social Engineering in India, Manupatra (Mar. 30, 2010), https://pdfs.semanticscholar.org/67f2/754167a7f18b94a74a8faa4c528e023cedd4.pdf
