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
Child 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.
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.
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.
Labour welfare:
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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Social legislation in India is a broad term that encompasses a wide range of laws and policies that are designed to protect the rights and welfare of the people. Some of the key sub-topics within this area include labour laws, social security laws, welfare laws, Education laws, health laws, environmental laws, Consumer protection laws, women’s rights laws, children’s rights laws, disability rights laws, minorities rights laws, and indigenous rights laws.
Labour laws regulate the relationship between employers and employees, and set minimum standards for working conditions. These laws aim to protect the rights of workers, such as the right to a fair wage, the right to safe working conditions, and the right to Freedom of Association.
Social security laws provide financial assistance and other benefits to people who are unable to work, such as the elderly, the disabled, and the unemployed. These laws aim to ensure that people who are unable to work have access to the basic necessities of life, such as food, housing, and healthcare.
Welfare laws provide a range of Services to people in need, such as food, housing, and healthcare. These laws aim to provide assistance to people who are unable to meet their basic needs, and to help them improve their lives.
Education laws regulate the education system, and ensure that all children have access to quality education. These laws aim to provide all children with the opportunity to learn and develop their skills, and to prepare them for a successful future.
Health laws regulate the healthcare system, and ensure that all people have access to quality healthcare. These laws aim to provide all people with the opportunity to live healthy and productive lives.
Environmental laws protect the Environment, and ensure that people have access to clean air, water, and land. These laws aim to protect the health and well-being of people, and to conserve the natural Resources of the country.
Consumer protection laws protect consumers from unfair trade practices, and ensure that they have access to safe and reliable products and services. These laws aim to protect the rights of consumers, and to ensure that they are treated fairly in the marketplace.
Women’s rights laws protect the rights of women, and ensure that they have equal opportunities in all areas of life. These laws aim to promote Gender Equality, and to ensure that women are able to participate fully in society.
Children’s rights laws protect the rights of children, and ensure that they are safe and healthy. These laws aim to protect the welfare of children, and to ensure that they have the opportunity to grow and develop to their full potential.
Disability rights laws protect the rights of people with disabilities, and ensure that they have equal opportunities in all areas of life. These laws aim to promote disability inclusion, and to ensure that people with disabilities are able to participate fully in society.
Minorities rights laws protect the rights of minorities, and ensure that they have equal opportunities in all areas of life. These laws aim to promote minority rights, and to ensure that minorities are able to participate fully in society.
Indigenous rights laws protect the rights of indigenous peoples, and ensure that they have equal opportunities in all areas of life. These laws aim to promote indigenous rights, and to ensure that indigenous peoples are able to participate fully in society.
Social legislation in India is a complex and ever-evolving field. The laws and policies in this area are constantly being updated and revised, as the government strives to meet the changing needs of the people.
What is social legislation?
Social legislation is a body of law that seeks to protect the welfare of society’s most vulnerable members. It includes laws that regulate employment, housing, education, healthcare, and other areas that affect the Quality Of Life.
What are the goals of social legislation?
The goals of social legislation vary depending on the specific law, but they generally include promoting social justice, protecting the rights of individuals, and ensuring the well-being of society as a whole.
What are some examples of social legislation?
Some examples of social legislation include the following:
The Fair Labor Standards Act, which sets minimum wage, overtime pay, and child labor standards
The Occupational Safety and Health Act, which regulates workplace safety
The Americans with Disabilities Act, which prohibits discrimination against people with disabilities
The Affordable Care Act, which provides health insurance to millions of Americans
What are the benefits of social legislation?
Social legislation can provide a number of benefits, including the following:
Social legislation can also face a number of challenges, including the following:
Cost: Social programs can be expensive to implement and maintain
Complexity: Social legislation can be complex and difficult to administer
Opposition: Social legislation can be opposed by special interests who may not benefit from it
Lack of enforcement: Social legislation may not be effectively enforced, leading to non-compliance
What is the future of social legislation?
The future of social legislation is uncertain. Some experts believe that social legislation will become increasingly important in the years to come, as the world becomes more complex and interconnected. Others believe that social legislation will become less important, as the economy improves and people become more self-sufficient. Only time will tell what the future holds for social legislation.
Question 1
Which of the following is not a social legislation?
(A) The Factories Act, 1948 (B) The Minimum Wages Act, 1948 (C) The Payment of Bonus Act, 1965 (D) The Employees’ Provident Fund Act, 1952
Answer
(D) The Employees’ Provident Fund Act, 1952 is a social security legislation, not a social legislation.
Question 2
Which of the following is not a goal of social legislation?
(A) To protect the interests of workers (B) To provide social security to the needy (C) To promote social justice (D) To regulate the economy
Answer
(D) To regulate the economy is not a goal of social legislation. The goals of social legislation are to protect the interests of workers, to provide social security to the needy, and to promote social justice.
Question 3
Which of the following is not a principle of social legislation?
(A) The principle of social justice (B) The principle of social welfare (C) The principle of social security (D) The principle of Economic Development
Answer
(D) The principle of economic development is not a principle of social legislation. The principles of social legislation are the principle of social justice, the principle of social welfare, and the principle of social security.
Question 4
Which of the following is not a feature of social legislation?
(A) It is enacted by the government (B) It is enforced by the government (C) It is binding on all citizens (D) It is not binding on all citizens
Answer
(D) Social legislation is binding on all citizens. It is enacted by the government, enforced by the government, and binding on all citizens.
Question 5
Which of the following is not a criticism of social legislation?
(A) It is too expensive (B) It is inefficient (C) It is ineffective (D) It is unnecessary
Answer
(D) Social legislation is necessary to protect the interests of workers, to provide social security to the needy, and to promote social justice. It is not unnecessary.
Question 6
Which of the following is not a benefit of social legislation?
(A) It protects the interests of workers (B) It provides social security to the needy (C) It promotes social justice (D) It helps to regulate the economy
Answer
(D) Social legislation does not help to regulate the economy. It protects the interests of workers, provides social security to the needy, and promotes social justice.