Tuesday, June 9, 2009

Social Legislation in a Welfare State



Social Legislation generally means ‘The Laws' designed to improve and protect the economic & social position of those group in society which because of age, race, sex, physical or mental disability or lack of economic power, can’t achieve healthful standards of living for themselves.



Need of Social Legislation:

1. Social Legislation is for social change

2. Social Legislation is leads to social welfare

3. Social Legislation set-up for the development of the society


Social Legislation in a Welfare State:

State Intervention is required to safe guard mutual rights & duties. Social Legislation especially in a adjustable instrument, stratifying the requirement of an ever changing society.


Definition:

According to Oliver Wendell, “Legislation of today is to meet the social needs of yesterday.”


Nature of Legislation in Welfare State:

  1. Women welfare
  2. Child welfare
  3. Schedule caste development
  4. Welfare of OBC
  5. Welfare of disable person
  6. Labour welfare
  7. Housing welfare


Women welfare:

The total workforce in our country is about 314 million, out of which women constitute 90 million & man 224 million. To maintain the dignity of women, equality of sexes & establishment of special justice, women welfare programmes such as Janani Suraksha Yojana, MCH, Maternity Benefit Leave, ICDS, formation of SHG, micro finance are some of the keys which has provided welfare majors to the women.

Others as Hindu marriage act-1955, Hindu Succession Act-1956, Women Trafficking Act-1956, Dowry Prohibition Act-1961, Women Education Equality Act-1956, Women Empowerment Act-1993 etc. are protect the rights of women.


Child welfare:

After the formation of legislation, child labour act-1986 was came into force. According to which no child below the age of 14 years should work in any hazardous place. In July 2006, the Indian Govt. brought an amendment according to which, “no child below the age of 14 should work in any hazardous place or in dhaba, hotels as servant or work as a domestic servant. ”The Juvenile Justice Act, 2001 said that if a child below the age of 14 saw any deviant behavior shouldn’t be punished & treat friendly behavior in adjudication.”


Schedule Caste development:

The Ministry of social justice & empowerment is the nodal ministry that overseas the interest of the schedule caste. Besides this the national commission has been set-up to look-after the interest of SCs & STs under article 338.

To achieve their social development to protect them from exploitation, the protection of Civil Rights Act, 1995, the SC & ST Act 1989 were enacted.

Article 330 for reservation of SC & ST, Article 15 for abolition of untouchablity are ensured by the legislation.


Welfare of OBC :

In 1990, after a long deliberation of the recommendation of Mandal Commission, it’s decided for reservation of 27% for OBC in Civil Services.

In 2008, Budget Session the OBC Reservation Bill was remaining as a main topic to discuss.

The National Commission for OBC was set-up on 14th August 1993, which is working for the development & betterment of the Other Backward Classes. In 2008, under Budget Planning, Government planned for 27% of reservation for OBC in higher education with the amount of 875 crore.


Welfare of disable person:

The Comprehensive Law namely the equal opportunity, protection of rights & full participation act-1995 has been enacted & enforced in February 1996.

The Mental Health Act 1987 & Lapers Act 1898 are working for the prevention & promotional aspects of the disable persons.

The rehabilitation such as education, employment & vocational training, Grant in Aid should be given to the people with disable.


Labour welfare:

The International Labour Organization (ILO) was sett-up in 1919, as a part of the League of Nations for the promotion of Universal Peace through social justice.

The study group of ‘National Commission’ on Labour on 2002, has brought out the new changes and welfare majors for women, children & self employed workers who work as labourer.

The labour welfare funds/schemes providing medical, educational, recreational & other family welfare benefits, who are working in iron ore, mica, chrome ore.

The labour welfare policies as equal pay for equal work, creche system for working women, maternity leave, security & care facilities for labourer are some of the welfare majors.


Housing welfare:

To provide houses to workers, employees to lay-down obligations on the employers & low income group people through various acts, the central government provides loans & subsidies to State Govt., individuals & employees.

The welfare fund act, Indira Awas Yojana, Jawahar Homes through Jawahar Rojgar Yojana, Short-stay Homes for destitute women, the person effected with communicable diseases as Leprosy, TB etc.are some of the housing welfare majors provided by the Government.


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