Modernisation, Materialism, And Law - Interrelations And Impact On Society

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:37:48.992953+00:00

Updated: 2026-08-26T17:10:25.696+00:00

MODERNISATION, MATERIALISM, AND LAW:

INTERRELATIONS AND IMPACT ON SOCIETY

Ritaban Sarkar, LL.M. (Specialisation in Criminology), Government Centre of Legal Education, The University of Burdwan.

ABSTRACT

Modernisation, materialism, and law are all important in both personal and social life. Modernisation signifies recognising the modern tools, instruments, ideas, values, etc. Modernisation denotes changes. We know that change is inevitable in society,1 and society can not be static. Materialism, on the other hand, advocates materialistic pleasures in the manner of consuming goods and services. There is a large section of the people in the society who consider materialistic pleasures only the true form of modernisation. The actors of globalisation also promote the same conception for the sake of the open market policies. People become increasingly materialistic, often harming their well-being and the environment they inhabit. As the natural resources are limited, the demands of the people are fulfilled using those limited resources.

Such usage creates huge problems in terms of environmental pollution and degradation of nature. 2 The future generation can face severe problems if the unlimited wants are not checked properly. There are old institutions, traditions, and systems running in the society; their position and foothold can be challenged when the materialistic and modern systems gain a strong hold among the people, community, and society. That can create problems in society, as the existing systems and tools can contradict the new ones. It is the duty of the legislature and the judiciary to mitigate and settle disputes from the constitutional framework and uphold the necessities of society, recognising the requirements of modern days, and considering what constitutes national identity, national heritage, and culture, through their respective machineries.

This research article is a socio-legal research work, and based on the available information in books, online articles, news and personal 1 Dr. Dinesh Chand Meena, Social Changes: The Need To Change The Society, 03,03 IJAMSS 213, 213 (2020), https://www. inspirajournals. com/uploads/Issues/1197362836. pdf. 2 Isham A, Verfuerth C, Armstrong A, Elf P, Gatersleben B, Jackson T. , The Problematic Role of Materialistic Values in the Pursuit of Sustainable Well-Being. , Int J Environ Res Public Health. 2022 Mar 19;19(6):3673. doi: 10. 3390/ijerph19063673. PMID: 35329360; PMCID: PMC8951562. , https://pmc. ncbi. nlm. nih. gov/articles/PMC8951562/.

observations of society and it has been aimed to trace out the inter-relations of modernisation, law, and materialism, and their impact on society. Keywords: Materialism, Modernisation, Law, Society. I.

INTRODUCTION:

Modernisation involves updating or upgrading existing systems or tools to make them work more effectively in a contemporary setting. The world is always a changing phenomenon. Social institutions must adapt to new developments. 3 Technological advancements, scientific developments are such tools, which help in the process of modernisation. Apart from them, there are various other instruments as well that help in the process of modernisation. It can be the social life, as well as the private life, that can be impacted by modernisation. Changing nature, time, thinking patterns, and people's behaviour all play a significant role in modernisation. The problem with modernisation is that modernisation not only brings change, but also challenges the existence of old, prevailing systems, institutions, norms, and socialisation patterns.

As the old society and system face a challenge in adapting to the new for all, there are generally two or more groups, whose social, economic, and cultural positions may face the challenge because they have competing interests. There is one group that demands the change be recognised by the state machinery and the social systems, and another group that opposes such, because of their different social, cultural, and economic positions. On the other hand, there are materialistic pleasures which most people all over the world consider to be the real essence of modernisation. The actors of globalisation also promote the same conception for the sake of the liberal market policies. People become increasingly materialistic, which can harm their well-being and the environment they live in.

As the natural resources are limited, the demands of the people are fulfilled using those limited resources. 4 Law helps to balance between contradictory claims, and resolves disputes raised in society. It acts as an instrument of society. When the interests of two or more groups or communities are competing in nature, then it is the law that takes the lead in settling the disputes. Law takes care of old institutions and traditions, while also helping to bring about changes in society that are required for the greater good. It recognises the modern requirements, modern problems, 3 SCIENCEDIRECT, https://www. sciencedirect. com/topics/social-sciences/institutional-change, (last visited Jun. 1, 2025). 4Jennifer Bansard & Mika Schröder, The Sustainable Use of Natural Resources: The Governance Challenge, IISD (Jun. 1, 2025, 09:11 PM) https://www. iisd.

org/articles/deep-dive/sustainable-use-natural-resources-governance-challenge.

and comes with modern solutions. Law has developed at the same pace as human civilisation, as it has portrayed society and the time. II.

CONCEPT OF MODERNISATION & CHANGE:

The change in society is inevitable. The word ‘change’ denotes something new in the previous system or society. From the old caveman to the modern man living in modern concrete buildings, the evolution of human civilisation has happened because of continuous change. Generally, there exist two or more different and contradictory matters or systems in society. The problem arises when one of those conditions challenges another’s existence. Society can not be a static entity. The success of human beings on earth is not biological evolution, but social evolution, and the evolution of human civilisation. Law and the Indian legal system do not work in a vacuum. Law develops with the growth of society.

Law has to consider the requirements of society and people and shape the society in such a way that will bring happiness and prosperity in society, subject to modern scientific developments and advancements. Law and society adjust and affect each other reciprocally. Social conditions also play a crucial role in shaping the legal system. Modernisation is the consequence of the development of society. Change has happened in every sphere of life. The legislature and the judiciary have played a decisive and significant role in upholding the requirement for change in the social institutions, life and values. At the same time, they have recognised the importance of the social institutions' existing values, principles, and moralities, as they have some national character. Some pre-existing values, moralities, and institutions form the basis of national life.

The work of the legislature and judiciary is to uphold that which is in the best interests of society, based on the social realities, and individual dignity. According to Eisenstadt, “ Historically, modernisation is the process of change towards those types of social, economic and political systems that have developed in Western Europe and North America from the seventeenth to nineteenth century and then have spread to other European countries and from the nineteenth and twentieth centuries to the South American, Asian and African countries. ”5

5 DR. S.R. MYNENI, SOCIOLOGY 424 (Allahabad Law Agency 2019).

Denial Lerner has defined the term ‘modernisation’ as “the process of social change whereby less developed societies acquire characteristics common to the more developed. ”6 The modernisation process happens at two levels- One is at the individual level, and the second is at the societal level. Modernisation at the individual level signifies changes in values, attitudes and behaviour. Individuals become available for new patterns of socialisation and behaviour. Modernisation at the social level implies the recruitment of individuals for different roles of individuals. The roles and goals of individuals at the institutional level change, for example, in tolerance, family, marriage, education, etc. 7 Modernisation implies changes, where the underdeveloped societies adopt developed societies as a model, and generally use the ‘Western models’.

Both the terms ‘modernisation’ and ‘westernisation’ are used interchangeably. However, Srinivas felt that modernisation, unlike westernisation, often carries good application. Westernisation, on the other hand, does not carry such. 8 Western societies showed the way of change to the world, which is why both terms are used interchangeably. However, there are other models of modernisation as well. Such as the Japanese model of modernisation. Undoubtedly, modernisation is a comparatively wider and more comprehensive term. Change is inevitable, but modernisation is necessary for the survival and development of society. That modernisation, specifically technological modernisation, must be at least at the same pace as the world is developing. Otherwise, such a society will fall behind. Ideologically, the nation and society should be open to modernisation in almost every sphere of life.

III. LEGISLATIVE ATTEMPT TOWARDS MODERNISATION :

"The life of the law has not been logic, it has been experience." – Oliver Wendell Holmes Jr.9

6 DR. S.R. MYNENI, SOCIOLOGY 424 (Allahabad Law Agency 2019).

7 DR. S.R. MYNENI, SOCIOLOGY 425-426 (Allahabad Law Agency 2019)

8 DR. S.R. MYNENI, SOCIOLOGY 427 (Allahabad Law Agency 2019)

9 MANHATTAN RARE BOOK COMPANY,

The legislature has played a significant role in upholding the process of modernisation, the requirement of change, and society’s welfare, considering the traditional aspects of society. The codification of family laws is an example of legislative attempts in the discussion of modernisation and change. From the British period, the codification started in matters related to personal laws, such as “The Hindu Widow’s Remarriage Act, 1856”, “The Indian Divorce Act, 1869”, “The Christian Marriage Act, 1872”, “The Married Women’s Property Act, 1872”, “The Guardian And Ward Act, 1890”, “The Shariat Act, 1937”, “The Hindu Marriage Act, 1955”, “The Hindu Succession Act, 1956”, etc. These are those instances where the legislature played the role of bringing the legal matters related to personal laws under the scope of codified legislation.

Some reformative initiatives were also taken through these legislations. 10 The Bengal Sati Regulation of 1829 criminalised the practice of Sati. That was a historical incident in Indian society. The practice of polygamy has been penalised under Section 494 of the “Indian Penal Code, 1860”, which was prevalent in India and was practised. “The Child Marriage Prohibition Act, 1929” was passed to prohibit child marriage. This Act was substituted by the “Prohibition of Child Marriage Act, 2006”. The Devadasi system was also abolished through various legislative attempts. The Dowry Prohibition Act, 1961 to prevent and punish the system of dowry. Women’s right to claim maintenance from husbands has been recognised via the “Code of Criminal Procedure, 1973”. Adoption has become a secular practice because of the existence of “The Juvenile Justice (Care and Protection of Children) Act, 2015”.

Enactments like the“Trade Unions Act, 1926”, “Industrial Disputes Act, 1947”, “Factories Act, 1948”, “Equal Remuneration Act, 1976”, “Public Liability Insurance Act, 1991”, and, all of which show the proof that the legislature has recognised the changing needs of the industrialised society, and the challenges. The “Information Technology Act, 2000” was enacted to bring a change in the judicial framework, considering the relevance of information technology in the modern age. The old https://www. manhattanrarebooks. com/pages/books/2247/oliver-wendell-holmes-jr/the-commonlaw? soldItem=true (Jun. 1, 2025).

10 DR. KAUSHIK C. RAVAL & DR. KRISHNA PAL MALIK, LAW & SOCIAL TRANSFORMATION IN

INDIA 401-406 ( Allahabad Law Agency 2024).

criminal justice and legislative system. The old criminal justice system has been updated through the three enactments “Bharatiya Nyaya Sanhita, 2023” (BNS), “Bharatiya Nagarik Suraksha Sanhita, 2023” (BNSS), and “Bharatiya Sakshya Adhiniyam, 2023” (BSA), displaced the old “Indian Penal Code” (IPC), the “Criminal Procedure Code” (CrPC), and the “Indian Evidence Act”, respectively and brought in the new criminal law legislations in its place. The need for safeguarding the environment was a comparatively new realisation in modern day. In this regard, the “Environment Protection Act, 1986” has been enacted to protect the environment from pollution.

There are some legislations as well, keeping in mind the compelling needs of the always-changing society, for example: “Protection of Women from Domestic Violence Act, 2005”, “Protection of Children from Sexual Offences Act, 2012” (POCSO Act), etc. It is the legislature that has the popular will, and it fulfils the demands of the common people by enacting new laws. The legislature has to respond intelligently to the calls of the common people. Apart from that, the legislature has to consider the demands of the vulnerable classes of people, the marginalised classes of people, for example the transgenders, the old generation people. The legislature should have to be very practical, as well as know what is more beneficial for society. The legislature should not forget the vulnerable classes of people, and those people who are voiceless, marginalised, and deprived.

To stay in power, every political party generally wants to keep its vote-bank intact; therefore, they often try to please that particular group of people, community, etc.. But it should be the duty of each political party, whoever comes to rule, to be conscious of the needs of the modern era. The opposition parties should also be very active in upholding various issues where legislative interventions are required, and people’s constitutional rights are challenged, often because there is a lack of a voice to raise demands. The legislature should wholeheartedly work to safeguard various reasonable demands of the people, which are important for the nation’s comprehensive growth and sustainability.

IV. JUDICIAL ATTEMPTS TOWARDS MODERNISATION:

If we talk about the judiciary’s role in the process of modernisation, we can find some landmark judgments that changed the nation and impacted national life.

In M. C. Mehta v. Union of India,11 the Apex Court held that the right to live in a pollution-free environment is a part of our fundamental right to life under Article 21 of the Indian Constitution. Navtej Singh Johar v. Union of India12 was a landmark judgment by the Supreme Court of India that decriminalised same-sex relationships between consenting adults. This decision was significant for LGBTQ+ rights in India, and it established the principles of equality, dignity, and privacy under the Indian Constitution. In Mohd. Ahmad Khan v. Shah Bano Begum,13 the Apex Court addressed the rights of Muslim women to claim maintenance from their husbands after the Iddat period is over. In National Legal Services Authority v. Union of India14 the Supreme Court of India upheld the rights of transgenders, including the right to self-identify their gender and to be treated as the "third gender".

In Shreya Singhal v. Union of India,15 the Supreme Court of India upheld and protected the fundamental rights of every individual and struck down Section 66A of the “Information Technology Act, 2000”, as it was violating Article 19 of the “Constitution of India”. In Vishaka vs. State of Rajasthan,16 the Apex Court opined that women have the right to work in a safe environment and be free from harassment in their workplace. This decision led to the further enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Thus, the Courts in India upheld the requirements of society, accepted the new challenges of society, and led the nation towards modernisation and development. Administrative decisions, international agreements, etc. , also advocate for modernisation.

The Courts in India must have to be very modern and wide in thinking, so that they can respond to the calls of the modern world, and modern needs. The usage of modern information technology in Court proceedings

11 M.C. Mehta v. Union of India, AIR 1987 SC 1086.

12 Navtej Singh Johar v. Union of India, AIR 2018 SC 4321.

13 Mohd. Ahmad Khan v. Shah Bano Begum, 1985 SCR (3) 844.

14 National Legal Services Authority v. Union of India (2014) 5 SCC 438.

15 Shreya Singhal v. Union of India, AIR 2015 SC 1523.

16 Vishaka vs. State of Rajasthan, AIR 1997 SC 3011.

is another example of modernisation in the Judiciary.17 Not only should the Courts use new technological devices, but they should also be modern in their interpretation of laws. The supremacy of the Constitution should be the ultimate establishing goal of the Judiciary, as it is the protector or the guardian of the Constitution. It should recognise various rights emerging with the development of society, as those rights which are becoming an integral part of the concept of the Fundamental Rights, enshrined in Part III of the Constitution, specifically Article

2118 of the Constitution, guaranteeing the right to life.

Society can not be termed as a modern one unless it has accepted new things in a more rational and refined way. Modernisation does not mean forgetting the roots, historical lessons, heritages, cultures, etc. True modernisation is a process where people accept change in a better way, for a better life. At the same time, it is the judiciary that can bring precedents, which are essential for the development of society, where the provision of law is not mentioned or vacant. It is the judiciary that, through the Constitutional outlook, determines the disputes and provides the solutions. It is the Judiciary that has more knowledge of the law and legal system than any other organ of the government. It knows the present realities, it knows the past, and at the same time, it has to predict the outcomes of a decision in future.

That is why the judiciary has to act cautiously while delivering any judgment or settling any dispute. The precedents have the force of law, unless another precedent is created or subsequent legislation takes place. There are so many such examples, like the enactment of the “Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013” after the Vishakha case19 in 1997. Unni Krishnan v. State of Andhra Pradesh 20(1993) 1 SCC 645 was a landmark Supreme Court ruling in India concerning the right to education. It established that the right to education is a fundamental right.

That resulted in “The Constitution (Eighty-Sixth) Amendment Act, 2002”, which brought Article 21A21 into the Constitution, and the legislation of the Right of Children to Free and Compulsory Education Act, 2009, which implemented free and compulsory education for children within the age of 6 to 14.

17 PRESS INFORMATION BUREAU, https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=1941500

(last visited Jun. 6, 2025). 18 “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

19 Vishaka vs. State of Rajasthan, AIR 1997 SC 3011.

20 Unni Krishnan v. State of Andhra Pradesh (1993) 1 SCC 645.

21 “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”

The judiciary can not legislate; however, it can create precedents and remove ambiguity from the provisions of the law. While dealing with such disputes, where the old values or systems conflict with the new systems, values, the judiciary should be cautious and should understand the impacts of the possible decisions. It should weigh the comparative importance of the modern system and tools, as well as the old, subsisting institutional frameworks and old values.

V. OTHER APPROACHES TOWARDS MODERNISATION:

In every sphere of human life, we can see the use of modern gadgets and technology. The introduction of the internet and various electronic gadgets has made life easier. Various tasks can be done quickly and smoothly. According to a report, A total of 1. 12 billion cellular mobile connections were active in India in early 2025, with this figure equivalent to 76. 6% of the total population. 806 million individuals were using the internet in India at the start of 2025, when online penetration stood at 55. 3%. 22 This report shows the modern usage of the internet and electronic communication technology in India. UPI transactions in India in January 2025, surpassed 16. 99 billion, and the value exceeded rupees 23. 48 lakh crore, marking the highest number recorded in any month. 23 UPI transactions may reach 25 billion by 2025.

24 The Indian economy is becoming more and more cashless, and leaning towards the use of online transactions, as they are more convenient, safe, and attractive options compared to the old and traditional system of using cash. The Government of India launched the Digital India Scheme in July 2015 to transform India into a digitally powered economy and society, expanding digitisation, and bringing new opportunities into the lives of Indians. According to the State of India’s Digital Economy Report, 2024, by the Indian Council for Research on International Economic Relations (ICRIER), India comes in third place in terms of the digitalisation of the economy. 25

22 DATAREPORTAL, https://datareportal.com/reports/digital-2025-india (last visited Jun. 14, 2025).

23 PRESS INFORMATION BUREAU, https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2106794

(last visited Jun. 14, 2025).

24 Ranu Jain, UPI transactions may reach 25 billion by 2025, DD NEWS ( Jun. 14, 2025, 10:13 AM),

https://ddnews.gov.in/en/upi-transactions-may-reach-25-billion-by-2025/. 25 DIGITAL INDIA, https://www.digitalindia.gov.in/aboutus/#:~:text=Digital%20India%20is%20a%20flagship,empowered%20society%20and%20knowledge%20econo my (last visited Jun. 14, 2025).

In the year 2024, India organised the “Global IndiaAI Summit 2024” from 3 to 4th July in New Delhi, highlighting the Government of India’s commitment towards the responsible advancement of AI . 26 From health care to education, from government policies to the banking sectors, even in the rural areas, the nation is using modern information technology. India is developing towards a more technology-centric future. Modernisation and change are both visible in Indian society. With the rapid change in Indian society, new problems are emerging in society, like online fraud, financial fraud, online blackmailing, pornography, cyber terrorism, and various other forms of cyber crimes. Indian society is also facing various other issues, such as the problems of the nuclear family, loneliness among people, degradation of human values, social disorganisation, etc.

The government agencies, as well as different social welfare groups, should be aware of the new challenges with the rapid modernisation and change.

VI. MODERNISATION, MATERIALISM & LAW:

There was a time when modernisation and materialism, specifically the materialistic pleasures, were seen as a single unity. That means the modernisation leads to more materialistic pleasures. This concept has changed significantly in recent days. Specifically in India, the concept of modernisation has drastically changed in the last decades. People are tending to be more spiritual, as if the materialistic lifestyle has failed to provide peace of mind. People have started to find their peace in sacrificing their enjoyment of materialistic things and by affirming their faith in spirituality, simplicity, and self-sufficiency. The young generation in India is becoming more spiritual.27 Young India is turning spiritual.28 The Indian concept of spirituality and materialism are two opposite concepts. In the last ‘Mahakumbh’ in 2025, which attracted over

660 million people,29 which is a many-thousand-year-old Hindu pilgrimage and religious

festival, a significant portion of people came from the young generation.30

26 DIGITAL INDIA, https://www.digitalindia.gov.in/milestones/ ((last visited Jun. 14, 2025).

27 K. Sunil Thomas, Young India is turning spiritual, and it is good business, THE WEEK

(Jun. 1, 2025, 10:04 PM), https://www.theweek.in/theweek/cover/2025/03/15/young-indians-embracing-spirituality.html. 28 DECCAN CHRONICLE, https://www.deccanchronicle.com/nation/in-other-news/290623/80-of-indianyouth-engages-into-spiritual-content-says-omtv-survey.html ( last visited Jun. 1, 2025). 29 DD NEWS, https://ddnews.gov.in/en/mahakumbh-2025-concludes-attracting-over-660-million-visitors/ (last visited Jun. 1, 2025).

30 Priyanjali Narayan, What's drawing the Gen Z to Maha Kumbh 2025, INDIA TODAY (Jun. 1, 2025, 10:17

PM),

Modernisation and materialism are not similar. Modernisation is such a change that recognises and accepts the new, and at the same time, it keeps its feet grounded in the reality of life and the rationality of thoughts and ideas. The process of globalisation has increased the materialistic needs and influence of Western culture throughout the world. But with the change of time, the Indic way of life, which focuses more on character development, sacrifice, self-sufficiency, minimalist lifestyle, is again gaining its relevance and foothold. The Western countries are also getting influenced by Indian culture, spirituality, and Vedanta philosophy. 31 There was a time when Western culture, philosophy influenced Indian society, culture, and lifestyle.

Now it is the time when the West is coming to India as they are seeking to find alternative forms of wellness through the practices of meditation, yoga, etc. Thereby, they are also moving towards a more minimalistic, simplistic lifestyle. However, generally, all the laws made by the legislature are mostly keeping in mind the physical existence of human beings and their basic needs. Law is no more a place to find spiritual satisfaction. However, there are customs, practices, usages, and personal laws for particular communities, as they consider them essential for their religion or culture. If any such practice is against the public policy, health, and welfare of society, such practice can be stopped through administrative or judicial interventions. Law is generally considered with the materialistic needs of the people.

However, the unlimited wants and desires of people can not be the ultimate goals of human civilisation. From the 1980s onwards, the Judiciary started to discuss matters related to sustainable development. In the case of Vellore Citizen Welfare Forum v. Union of India,32 (1996) 5 SCC 650, the Supreme Court, while discussing the Polluter Pays Principle as a piece of ecological law, articulated that securing the damaged piece of the climate is an integral part of the course of sustainable development. The Apex Court for the first time used the principle of sustainable development in this instant case. https://www. indiatoday. in/sunday-special/story/gen-z-takes-spiritual-plunge-maha-kumbh-2025-prayagraj-reelsinstagram-iit-baba-harsha-richhariya-videos-2666761-2025-01-19.

31 Philip Goldberg, Hinduism: The Influence of Indian Spirituality in the West, HINDU UNIVERSITY OF

AMERICA (Jun. 1, 2025, 10:22 PM), https://www.hua.edu/blog/the-influence-of-indian-spirituality-in-the-west/

32 Vellore Citizen Welfare Forum v. Union of India, (1996) 5 SCC 650.

The term ‘sustainable development’ can be defined as development aiming to meet the present generation’s needs, while also keeping in mind the needs of the future. The aim of sustainable development can not be achieved unless human beings start to limit their needs. Unnecessary wants and desires can only lead towards a more materialistic society, where the people will exhaust the resources for fulfilling their demands, and create environmental degradation. The demands will then turn into greed, leading to the degradation of society, and ultimately, the devastating effects of natural hazards, resulting in irreparable losses to mankind.

VII. CONCLUSION:

Globalisation supports materialism, and the most important globalisation is economic globalisation, which focuses more on liberal economic policies and the open market policy. Factors that inspire globalisation are – a. Expansion of technical knowledge and scientific advancement, b. Process of liberalisation of the market, c. Expansion of competition and market, d. Expansion of multinational companies and their increase in numbers, e. Expansion of foreign trade, etc.. 33 Globalisation facilitates the global consumer culture, so that one kind of product, good or service, can be spread throughout the world. People get exposed to a wide variety of products and services, thereby starting to believe that materialistic possession is key to happiness.

The desire for a status symbol, luxury items, fashion items, etc, shows us the materialistic demands and character of the society we are living in. People associate these materialistic desires with modernisation very much. Now, the actors of globalisation are helping both directly and indirectly with materialism. Now, the legislature and the executive must act and react consciously to the call of ‘materialistic-globalisation’. The judiciary and legislature should also consider the heritage, culture, and historical lessons. They should not forget the roots of Indian society and values while upholding the modernisation process. The judiciary and the legislature

33 DR. KAUSHIK C. RAVAL & DR. KRISHNA PAL MALIK, LAW & SOCIAL TRANSFORMATION IN

INDIA 434 ( Allahabad Law Agency 2024).

both can transform society. They act as tools in the process of modernisation. Therefore, it is the duty of both the legislature and the judiciary to consider the comparative necessities of previous customs, traditions, social institutions, as well as the necessities of the modern era, such as modern technology, gadgets, instruments, and socio-cultural scenarios. Human society has developed because it has continuously changed.