ABSTRACT –
India attained the transitional phase of globalization around two decades back when the then (1991) existing government of India adapted the globalization policy. This could be considered as the impact of industrialization. But recently the nation has felt a paradigm change, when the judicial judgements shake the minds of social scientists. Understanding of term “gender” was taken completely different from the social meaning it had. Always, it was considered that morals, values, folkways and mores were the source of law. But after discussed judgement on Navtej Singh Johar & Ors. …Petitioner(S) Versus Union of India Thr. Secretary Ministry of Law and Justice (Section 377) & Shabrimala Case it is paradigm shift in the understanding as now it could be veracious to say that law has occupied the custody to replace the traditional social control devices or diplomacies.
Keywords: Gender, Social Change, Sociology of Prediction, LGBTQ Community, Identity
INTRODUCTION
Both man and woman are enterprise of nature. They born equivalent and entre in society in akin mode. Still the ears feel a hunger to hear words like inequality, atrocities etc. as an associative of gender. In contemporary society, gender as a term looks partial and statement sounds irrational without relative terms of exploitation. This is among the major social concern and delinquency which need immediate elucidation. Anticipation with law contract gets compromised in the procedure of law attainment and statutes amendments. When India is struggling with high dependency ratio, a new perspective entered the market – LGBTQ+. It took long and was a hard time for the community when this fight started under the umbrella of identity crises. Earlier also people wanted to stand for their identity rights but that was a period when there was not much awareness about the other groups which could stood in support. But eventually multi- tier encounter with different foreign cultures this issue took a significate turn. Social workers and other reference groups also raised their voices in support. Slowly and gradually the movement challenged the cultural lag (Ogburn proposed concept of cultural lag, material cultural change with faster rate in comparison to non-material culture). But on 6th September 2018, the judgement on section 377 shaken the perspective with a message to society that nonmaterial culture too has to accept and adjust with the accelerated speed of juggernaut of social change. As this judgement could be questioned by present society but this is the stone set for building future generations.
REVIEW OF LITERATURE
Health Institution is ignored in whole discussion which should have remained the main or decisive factor of judgment. May be old generations have this creativity of God but the mechanical solidarity in society as described by Emile Durkheim in Division of labour in Society (1893) become a social control machine. Its tool of homogeneity-maintained cohesion and integration among individuals which kept ego, feel associated through parallel customs, educational and religious training, work, interdependency and lifestyle. Against it the organic society took a led and gave a message of individualism and provided a freedom of expression. This judgement is taken positively by the intellectual groups and been considered as a road for moving wheel of social change. In India, social change is always seen with two different ideo- political lens. One ideology, of so-called Leftists and other of Rightists. Authors evaluate change or non-change in India from their own moral or ideological view- points (Singh Y., 1986). The same tendency is manifest when change is treated by some social scientists as equivalent to „development‟ and „progress‟ (Singh Y., 1986). But without proper survey and quantification of impact I will make on population, when such change leading laws are framed, they attract social boycott. “Suppose that a new piece of legislation comes into existence, created in the proper formal manner by an accepted law-making institution. What happens? Immediately lawyers set to work, digesting and comprehending the changes brought about by the new rule. The new law is probably published in some official form and finds its way into libraries of law schools, lawyers and administrators, the changes are registered in digests of legislation, legal encyclopaedias’, lawyers‟ updates or periodicals. But what then? Does anything else happen? Does the law somehow reach the world beyond this rarefied professional sphere? If so, in what way? With what effect?” (Cottrell, 2007).
Not every such law will even reach the courts of law because no case may arise to raise the issues with which new law is concerned. Perhaps the matter which is the object of law is not important in the experience of social life or, if it is, for various reasons the issues are kept away from courts. No one sees fit to raise them. Suppose, however, that the new law is invoked before a judge. Even so the court may refuse to apply it. It may be ruled irrelevant or interpreted in such way as to remove some or all of its potential effect. (Cottrell, 2007). It could be due to the kind of socialization he received or the biasness of the judge towards the ideology due to his knowledge development and wisdom he has as per the common-sense index. But suppose the court does apply the new law to the case under consideration. What effect will the judgement have on the conduct of life outside the courtroom? Very often, surprisingly little may be known by judges and lawyers about the law’s potential or actual social effects. Perhaps even more surprisingly, rarely is any systematic attempt made by them to find out (Cottrell, 2007).