Role Of Indian Judiciary In Neutralizing Gender InEquality

1. JUDICIAL
PROCESS
& SOCIAL CHANGE
Presented By:
Prashant Kumar Gautam
LL.M. Ist Semester
ATAL BIHARI VAJPAYEE SCHOOL OF LEGAL STUDIES
C.S.J.M.U. KANPUR

2. INTRODUCTION
● According to M.E. Jones' "Social change is a term used to describe variations in or
modification of any aspect of social process, social patterns, social interaction or
social organization."
● Judiciary is system present in all social structure to fight injustice, tackle crime and
criminals
and uphold what is right, just and fair according to the particular social construct.
● In modern societies courts play a powerful and vital role in making the society more
tolerant towards the changing paradigm and for the benefit of the upcoming
generations.

3. THEORIES OF SOCIAL CHANGE
The five theories of social change are as follows:
1. Evolutionary Theory
2. Cyclical Theory
3. Economic Theory of Social Change
4. Conflict Theory
5. Technological Theory.

4. Evolutionary Theory
● Sociologists latched on to Darwin’s theory of evolution, applying it to society.
● Auguste Comte, known as the “father of sociology,” believed in the evolutionary
model.
● According to this theory, society always evolves into “higher levels.” Like organisms
evolve from simple to more complex, so do societies.
● Societies that don’t adapt fast enough will fall behind.
● This led many sociologists to conclude that Western societies must be “superior”
because of their “advanced” state.

5. CYCLICAL theories
● Civilizations rise and fall in an endless series of cycles.
● Oswald Spengler wrote a book ‘The Decline of the West’ wrote that the fate of
civilisation was a matter of ‘destiny’.
● He saw society moving in continual cycles of growth and decay. The Roman Empire
rose to power and then gradually collapsed.
● The British empire grew strong, and then deteriorated.
● Arnold J. Toynbee, has propounded that civilizations pass through three stages,
corresponding to youth, maturity and decline.

6. CONFLICT theories
● Conflict theorists do not assume that societies smoothly evolve to higher or complex levels.
● The basic premise is that one of the outcomes of conflict among groups is social change.

7. Technological Theory
● Marx has attached great importance to technology in his scheme of mode of
production, which forms the main basis for the change in society.
● For Marx, the stage of technological development determines the mode of production
and the relationships and the institutions that constitute the economic system.

8. Judicial Activism
● Judicial activism is a judicial philosophy holding that the courts can and should go
beyond the applicable law to consider broader societal implications of its decisions.
● Arthur Schlesinger Jr. introduced the term "judicial activism" to the public in a Fortune
magazine article in January 1947.

9. Pre Independence laws
● Abolition Of Sati Practice - Raja Rammohun Roy who first came forward and on
December 4, 1829, an ordinance abolished the barbaric practice of 'Sati’.
● Child Marriage Restraint Act of 1929 - The child marriage restraint act was passed in
1929 to abolish child marriage in India.

10. Post-Independence laws
● Untouchability Offences Act 1955 - The 17th Article of the Indian Constitution
states that untouchability is a punishable offence. the 'Untouchability Offences Act'
was passed by Indian Government in 1955 in which any person forcing the disabilities
of untouchability can be sentenced to six months imprisonment or a fine of Rs. 500/-
or both for his first offence.
● Section 377 - Supreme Court in the landmark judgment of Navtej Singh Johar v.
Union of India decriminalised all kinds of consensual sex among adults which were
inclusive of homosexual sex also.

11. Judiciary as an Agent of Social Change
● Every democracy has three pillars: the legislative, the executive branch, and the judiciary.
The judiciary is the third pillar.
● In a democracy, the judiciary acts as a powerful catalyst for change.
● With the ability to interpret the Constitution and via its decision in various situations, the
judiciary can use it as a tool for social change.
● The three traditional roles of the Indian judiciary are rule enforcement, rule adjudication, and
conflict settlement legislative and executive branches are subject to interpretation,
interorgan control, and regulatory activities.

12. Role of Judges
● Judges decide a variety of cases that come before the courts, including civil suits, criminal
cases and family law matters. When there is no jury, judges…
○ determine the facts
○ interpret the law
○ apply the law to the facts of the case
○ decide the outcome

13. Role of Supreme Court
● It seems as if that Supreme Court has limited powers but in reality, it has powers which are
sufficient for bringing a vital social change.
● Navtej Singh Johar vs Union Of India Ministry Of Law is a case which was brought by NAZ
foundation, the NAZ foundation works for the HIV/AID sufferers. It argued that section 377
was unconstitutional. Section 377 violated the fundamental right which is guaranteed under
Article14(3), Article 15(4), Article 19(5), Article 21(6) of the constitution of India. Finally, on 6
September 2018, the Court ruled unanimously in Navtej Singh Johar v. Union of India that
Section 377 was unconstitutional “in so far as it criminalises consensual sexual conduct
between adults of the same sex”.

14. Role of Legislation
● The state and society strive to put legal norms into line with current social norms by laws.
● Legislations are also used on the basis of modern legal standards to strengthen social
norms.

15. Role of Public Interest Litigation
● Public Interest litigation is nothing but a process through which a person can bring a change
which society needs, and all this is done through just litigation.
● the Supreme Court of India in its activist role vis-à-vis PIL has taken a goal-oriented
approach in the interest of justice by clarifying highest technical and anachronistic
procedures.
● Vishaka vs the State of Rajasthan - This was the most powerful PIL case that brought in
revolution and introduced Vishaka guidelines for the protection of women at the workplace.
● It laid the foundation for The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act,2013.

16. THANK YOU