Way back in 1773, there was provision for a legal member in the Governor General’s council under the Regulating Act. Since then the British rulers took interest in setting up of courts to administer criminal and civil justice. The Government of India Act of 1935 had a provision to set up a Federal Court with original and appellate jurisdiction. In 1950, the Constitution of India, provided an elaborate structure of legal system starting with the Supreme Court as an apex legal institution down upto the court at the Panchayat level.

The Constitution of a country is the highest legal-political document for its government. It also embodies the statement of rights of the people as lawfully established. A significant point about a Constitution is that it is future oriented, rather than past oriented. Historically, whenever a constitution has been framed, it has followed by some sudden change. A constitution has been intended to usher in a new social and political order. The proclamation of the Indian Constitution after the transfer of power from Britain heralded a new era too.

Broader social change

Firstly, Preamble[1] established a Republican Democracy in place of the monarchical empire of the British Government at the macro level. According to the Preamble, it is ‘We, the people of India’ who, in the Constituent Assembly of India, adopted, enacted and gave to ourselves this Constitution. In short, the authority of the Constitution, as the Supreme Law of the land, is derived from the people and not from the grace of any external sovereign. Therefore, India is a Democratic, Sovereign country.  India is also a Republic. It does not recognize any hereditary rule. Monarchical empire has given way to republican Democracy. By an amendment in 1976 the aims of establishing secularism and socialism were incorporated as parts of preamble.

Secondly, the democratic character of the state is ensured by the right of the people to elect representatives on the basis of adult franchise (Article 326). The Constitution also promises to all its citizens Justice, social, economic and political; Liberty of thought expression, belief, faith and worship; Equality of status and of opportunity and to promote among them all Fraternity assuring the dignity of the individual at the micro level.

Therefore, Preamble guides the broader process of social change both at macro and micro level envisaged in the constitution of India. The Indian Constitution retained the liberal democratic framework but broadened the scope of governmental intervention with a view to promoting social reform and welfare.

Thirdly, Fundamental rights are enshrined in the constitution. Equality and freedom are two important features which has changed entire fabric of social life as compared to pre independence Indian society.

• Equality : The traditional Indian social system, fragmented by religious and ethnic differences and stratified by caste, lost its legitimacy. Individual human beings became the fundamental units of polity. All political and economic rights were granted to the individuals. At the same time, some cultural rights were granted to the minority groups. This include equality before the law and equal protection of the law (Article 14), All other rights – right against discrimination by the state (Article 15), equality of opportunity in matters of public employment (Article 16), right against practice of untouchability (Article 17), right against creation of state titles other than military or academic (Article 18), right of children against hazardous employment (Article 24)
• Freedom :Constitution guarantee to all certains freedoms, which are considered rights of human being., This includes right to freedom of speech and expression, to assemble peacefully and without arms, to form associations or unions, to move freely throughout the territory of India and to reside and settle in any part of the territory of India and to practise any profession or carry on any occupation, trade or business (Article 19) are granted to the citizens, protection against unlawful conviction (Article 20), life and personal liberty (Article 21), protection against unlawful detention (Article 22), right against exploitation in the form of traffic in human beings and forced labour except for public purposes (Article 23), , freedom of religion (Article 25), freedom of religious denominations to manage their religious affairs (Article 26), and freedom from payment of taxes the proceeds of which specifically go to the benefit of any particular religion or religious denomination (Article 27), freedom from enforced religious instruction in schools run by religious denominations (Article 28), protection of minorities (Article 29), right of minorities to establish and administer educational institutions of their choice (Article 30), right to Constitutional Remedies (Articles 32 and 226) and the right not to be deprived of property save by authority of law (Article 300A). Thus the structure of rights in the Indian Constitution envisaged an active role of the state in bringing forth social transformation.

Therefore all discriminations on the basis of caste, gender, ethnicity etc wee declared illegal in one stroke.

Fourthly, A more direct activist role of the state in bringing forth socio-economic transformation was assigned by the Constitution of India through Directive Principles of State Policy. These principles are not directly enforceable by the law courts. But the courts, while interpreting the Constitution, including the Fundamental Rights, are to be guided by them. The directives as highlighting the broad direction of change include

• To secure a social order in which justice, social, economic and political shall inform all the institutions of their national life.
• To minimize inequalities in income and eliminate inequalities (Article 38).
• Securing adequate means of livelihood for all citizens, men and women equally, distribution of ownership and control to best serve the common good, preventing concentration of wealth and means of production to the common detriment, ensuring equal pay for equal work for both men and women, protection of the health and strength of the workers, men and women, prevention of the abuse of the children, and facilitation of the children to grow in a healthy manner and with freedom and dignity (Article 39).
• The state shall ensure that opportunities for securing justice are not denied to any citizen by reason of economic and other disabilities (Article 39A, added in 1977 by the 42nd amendment to the Constitution). The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India (Article 44). The state shall take steps to separate the judiciary from the executive in the public services of the state (Article 50).
• The state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement, and in other cases of undeserved want (Article 41).
• The State shall regard the raising of the level of nutrition and the standard of living of the people and the improvement of public health as among its primary duties and, in particular (Article 47).
• The state shall endeavour to develop agriculture and industry along modern scientific lines (Article 48).
• Article 48A, incorporated by the 42nd amendment in 1977 enjoins the duty to protect and improve the environment and safeguard the forests and wildlife of the country.

Specific aspects of social change

Many groups are vulnerable, weak, deprived of their rights and exist on the margin of development processes. various social legislations aim to protect and promote interests of marginalized groups consisting of women, children, dalits, etc. while a set of constitutional provisions and social legislations are promotive and protective, in nature, others are prohibitory against ill practices in their intent. The legal system in India is designed in such a way that it becomes meaningful for the citizens. The legal system is the mechanism envisaged by the framers of the Constitution to implement various provisions of constitution like Fundamental Rights and Directive Principles of the State Policy etc.

Women

The challenges facing women’s equality lie in patriarchal value system, social attitude and practices. The problems confronting Indian women are continuing discrimination, exploitation, low economic status, lack of political participation, illiteracy, poverty etc. There are various types of crimes committed against women such as female infanticide, dowry deaths, rape, domestic violence, sexual harassment etc. Apart from broad provision of constitution, other special provisions include the followings:

1. Article 15 (3) makes a special provision enabling the state to make affirmative discriminations in favour of women.
2. Article 23 prohibits all forms of traffic in human beings, including women and forced labour such as prostitution.
3. Article 39(d) assures equal pay for equal work for both men and women.
4. Article 42 directs the state to secure maternity relief.
5. Article 51A(c) by imposing a fundamental duty to renounce practices derogatory to the dignity of women.
6. Article 243 D-2 gives right to women, to contest elections by making reservation of seats for them in every panchayat and municipality.
7. Further to check the violence against women, Criminal Law Amendment Act was passed in 1983. The crimes identified under the IPC are as follows: Rape (Section 376, IPC), Kidnapping and abduction for different purposes (Section 363, 373, IPC) , Homicide for dowry, dowry deaths or other attempts (Section  302/304 -B, IPC) , Torture --both mental and physical (Section  498 –A, IPC) , Molestation (Section 354, IPC ), Sexual harassment (Section 509, IPC) , Importation of girls (up to 21 years of age) (Section  366-B, IPC)

Adivasis or the Tribals

India has the largest tribal population in the world.  Unfortunately, they are subjected to oppression, discrimination and exploitation for several centuries. They have been alienated from their own land, resources and culture by contemporary forces. They also face mass illiteracy and health problems. Thereby, the Indian Constitution has placed them under the special protection. Some the special Rights guaranteed to them are as follows:

1. Article 19 (5) curtails by law in the interest of any scheduled tribes, the general rights of all citizens to move about freely, settle in and acquire property.
2. Articles 164, 338 and the Fifth Schedule authorizes to set up Tribal Advisory Councils (TAC) and separate departments in the States for the welfare of the tribes. TAC in the States should consist of not more than twenty members of whom, nearly three-fourths shall be representatives of the scheduled tribes in the legislative assemblies of the State.
3. Article 244 and the Fifth and Sixth Schedules enables special provisions for the administration and control of scheduled and tribal areas.
4. Apart form the above constitutional guarantees there are legal measures like the Protection of Civil Rights Act 1976 which was passed to ensure their freedom, dignity, rights, and to protect from their exploration and discrimination.

Dalits

The word ‘Dalit’ means ‘oppressed’, broken’, ‘downtrodden’. The Constitution calls them scheduled castes (that is, castes needing protective discrimination by the State), but ‘Dalit’ is the name the untouchables themselves have chosen because as they feel, it describes their identity best. Discrimination against dalits is one of the most common forms of social injustice in India today. In spite of the fact that the caste system has been officially banned, it is as much alive today as it was when the Constitution was proclaimed. Various articles of the Constitution dedicated for the welfare of the dalits are as follows:

1. Article 15(2) advocates removal of disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment of the use of wells, tanks, bathing ghats, roads and place of public resort maintained wholly or partially out of State funds or dedicated to the use of the general public.
2. Article 15 (4) states that the State can make special provisions for the advancement of any socially and educationally backward class of citizens or for the scheduled castes and the scheduled tribes.
3. Article 16 (4) states that the State can make provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the State is not adequately represented in the services under the State.
4. Article 17 forbids the practice of untouchability in any form.
5. Article 46 asks the State to promote with special care the educational and economic interests of the weaker sections of the community and, in particular, of the Scheduled Castes and tribes who will need to be protected from social injustice and all forms of exploitation.
6. Article 330, 331, 332, 333 and 334 provides for reservation of seats in the House of the People and the legislative assemblies of the states for Scheduled Castes, Tribes and representatives of the Anglo-Indian community.
7. Article 164, 338 and the Fifth Schedule authorize the setting up of a national commission, tribal advisory councils and separate departments at the level of states and a special officer at the Centre to look after the welfare of scheduled castes and tribes.
8. Article 335 stipulates that the claims of the members of the scheduled castes and tribes shall be taken into consideration while making appointments to services and posts in connection with the affairs of the Union or of a State.
9. Article 340 enables the government to appoint a commission to investigate the conditions of socially and educationally backward classes.

Children

Children are another group, who are exploited and oppressed, denied of basic human rights and a dignified childhood. The legal system has reached out to their problems by the following Constitutional provisions:

1. Article 24 prohibits employment of children in factory etc. It states that, no children below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
2. Article 39 (e) ---the tender age of children should not be abused and citizen should not be forced by economic necessity to enter avocations unsuited to their age and strength.
3. Article 39 (f) ---children should be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
4. Article 45 ---the state shall endeavor to provide within a period of the years from the commencement of the Constitution, for free and compulsory education for all children until complete the age of 14 years.
5. Since our constitution has made commitment for protection and promotions of rights of children, various laws have been passed to safeguard their childhood. A year wise details of efforts taken to provide legislative protection are discussed below:
6. 1948 ---The Factory Act 1948, raised minimum age of employment in factories to 14 years. Therefore, it declares that children can not be employed in industries.
7. Employment of Children (Amendment) Act 1949 also restricts employment of children below 14 years of age in establishments covered by that Act.
8. Employment of Children (Amendment) Act 1957, (as a result of ILO convention relating to night work by young persons) has prohibited the employment of children between 15 and 17 years at night in railways and ports and also provided for requirement of maintaining register for children under 17 years.
9. The Employment of Children (Amendment) Act, 1978 prohibits employment of child below 15 years in occupation in railway premises such as cinder picking or cleaning or ash pit or building operations, in catering establishment and in any other work which is carried on in close proximity to or between the railway lines.
10. The Child Labour (Prohibition & Regulation) Act 1986. The Act prohibits the employment in seven occupations and eighteen processes which have been listed out in art A & B of the Schedule of the Act – of any person who has not completed his/her 14 years of age.
11. Juvenile Justice Act, 2000

Rights of Workers [2]

1. The State shall make provision for securing just and humane conditions of work and for maternity relief. The state shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, industrial, agricultural or otherwise, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas (Article 43).
2. By the 42nd Amendment to the Constitution, the State was enjoined to take steps, by suitable legislation or any other way, to secure the participation or workers in the management of undertakings, establishments of other organisations engaged in any industry (Article 43A)

The right to work as such cannot be granted by any liberal democratic state simply because it does not control all the means of production. The system of social insurance is also provided by only developed industrial countries though its operation is unstable. For a developing country like India the promise of universal right to work and/or social insurance is obviously too ambitious.