Concept of Social Legislation
- Legislation is an instrument to control, guide and restrain the behaviour of individuals and groups living in society. Individuals and groups left in absolute freedom may clash with each other in the pursuit of their self interest at the cost of others.They cause grave harm to society leading to chaos. Legislation is one of the many institutions which controls and directs individual action into desirable channels.
- Others being social customs, traditions, religious prescription etc. Law is a vast subject having many branches. In a broad sense, all laws are social in character, in a narrow sense only those laws that are enacted for the purpose of social welfare are categorized as social legislation. There are several types of legislations such as taxation, corporate, civil, criminal, commercial etc.
- Social legislation is that branch of law which is an aggregate of the laws relating to the various socio- economic condition of the people. It is a social institution that embodies the social norms created on the initiative of a competent legislative agency. These laws are enacted keeping in view the needs of the time, the circumstances of the nation and its socio-political ideals.
OBJECTIVES OF SOCIAL LEGISLATION :
- Social legislation derives its inspiration from our constitution and has the following specific objectives: i)Removal of discrimination on the grounds of sex, religion, caste, class etc. and promotion of equality to all. ii)Safeguard the rights of the weaker section such as women, children, elderly, widows, destitute and the backward classes. iii)Eradication of traditional malpractices and social evils such as untouchability, dowry, child marriage, female infanticide etc. iv)Provision of social security.
AIM OF SOCIAL LEGISLATION :
- To change and reorganize society by improving its social and economic condition. Each individual of the society has to be given equal rights and equal opportunities. § Social legislation aims to address social problems through legislative means, and initiates process of social reform and social change based on sound social rules. § Since the process of social change in fast social legislation also provides desired direction to changes.
NEEDS FOR SOCIAL LEGISLATION :
- to ensure social justice, to bring about social reform, § to promote social welfare, § to bring about desired social change, § to protect and promote of rights of socioeconomically disadvantaged groups of the society.
NATURE OF LEGISLATION IN WELFARE STATE:
- Women welfare Child welfare § Schedule caste development § Welfare of OBC § Welfare of disable person § Labour welfare § Housing welfare
- After the formation of legislation, child labour act-1986 was come 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.
- 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.
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 is ensured by the legislation.
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 International Labour Organization (ILO) was set-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 CONTRACT LABOUR (REGULATIONAND ABOLITION)ACT, 1970:
- The Objective of the Contract Labour Regulation and Abolition) Act, 1970 is to prevent exploitation of contract labour and also to introduce better conditions of work. A workman is deemed to be employed as Contract Labour when he is hired in connection with the work of an establishment by or through a Contractor.
EMPLOYEES’ STATE INSURANCE ACT, 1948 :
- The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, and death due to employment injury resulting in loss of wages or earning capacity. The Act also guarantees reasonably good medical care to workers and their immediate dependants.
EQUAL REMUNERATIONACT, 1976 :
- The Equal Remuneration Act, 1976 aims to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto.
MATERNITYBENEFIT (AMENDMENT)ACT, 2017 :
- The Ministry of Labour and Employment, Government of India (“Ministry of Labour”) vide Official Gazette notification dated 31 March 2017 has appointed 1 April 2017 as the date on which the Maternity Benefit (Amendment) Act 2017 (“MB Amendment Act”) has come into force. However, the relevant provision on the “work from home” option will come into effect from 1 July 2017.
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