- 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 is a body of law that is designed to promote social welfare and protect the rights of individuals. It can be used to address a wide range of social issues, such as POVERTY, inequality, and discrimination. Social legislation can be enacted by governments at all levels, as well as by non-governmental organizations.
The history of social legislation can be traced back to the early days of civilization. The first recorded laws were designed to protect the rights of individuals and to promote social order. Over time, social legislation has become increasingly complex and sophisticated. Today, there are a wide range of social laws in place in most countries around the world.
There are many different types of social legislation. Some common types include:
- Labor laws: These laws regulate the relationship between employers and employees. They typically include provisions on wages, hours, and working conditions.
- Social security laws: These laws provide financial assistance to individuals who are unable to work due to old age, disability, or Unemployment.
- Health care laws: These laws regulate the provision of health care Services. They typically include provisions on access to care, quality of care, and cost of care.
- Education laws: These laws regulate the provision of education services. They typically include provisions on access to education, quality of education, and cost of education.
The objectives of social legislation can vary depending on the specific law. However, some common objectives include:
- To promote social welfare
- To protect the rights of individuals
- To promote social justice
- To promote social order
- To promote Economic Development
The principles of social legislation can also vary depending on the specific law. However, some common principles include:
- The principle of equality: This principle states that all individuals should be treated equally under the law.
- The principle of non-discrimination: This principle states that individuals should not be discriminated against on the basis of race, sex, religion, or other personal characteristics.
- The principle of due process: This principle states that individuals should be given a fair hearing before they are deprived of their rights.
- The principle of proportionality: This principle states that the government should only use the least restrictive means necessary to achieve its objectives.
The methods of social legislation can also vary depending on the specific law. However, some common methods include:
- Direct provision of services: This method involves the government providing services directly to individuals, such as health care, education, and housing.
- Regulation of private providers: This method involves the government regulating the activities of private providers of services, such as hospitals, schools, and landlords.
- Taxation: This method involves the government using taxes to raise revenue to fund social programs.
- Subsidy: This method involves the government providing financial assistance to individuals or organizations to help them afford goods or services.
The impact of social legislation can be both positive and negative. On the positive side, social legislation can help to improve the lives of individuals and families by providing them with access to essential services, such as health care, education, and housing. Social legislation can also help to protect the rights of individuals and to promote social justice.
On the negative side, social legislation can be costly to implement. It can also be difficult to administer and enforce. In some cases, social legislation can create unintended consequences, such as creating a disincentive to work or to save.
The evaluation of social legislation is a complex process. It is important to consider the intended and unintended consequences of social legislation, as well as its cost and effectiveness. It is also important to consider the views of stakeholders, such as individuals, families, businesses, and government agencies.
The future of social legislation is uncertain. The challenges facing society are constantly changing, and social legislation will need to adapt to meet these challenges. It is likely that social legislation will become increasingly complex and sophisticated in the future.
One example of social legislation is the Social Security Act of 1935. This act created a system of social insurance that provides benefits to retirees, the disabled, and survivors of deceased workers. The Social Security Act has been amended many times since its passage, but it remains one of the most important pieces of social legislation in the United States.
Another example of social legislation is the Affordable Care Act of 2010. This act, also known as Obamacare, expanded health insurance coverage to millions of Americans. The Affordable Care Act has been controversial since its passage, but it has also had a significant impact on the health care system in the United States.
Social legislation can be a powerful tool for promoting social welfare and protecting the rights of individuals. However, it is important to carefully consider the potential costs and benefits of social legislation before enacting it.
What is social legislation?
Social legislation is a type of law that is designed to improve the social and economic conditions of a society. It can include laws that regulate employment, education, healthcare, and housing.
What are some examples of social legislation?
Some examples of social legislation include the following:
- The Fair Labor Standards Act of 1938, which established minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the private sector and in Federal, State, and local governments.
- The Social Security Act of 1935, which established a system of social insurance that provides benefits to retired workers, their spouses, and their children; to disabled workers; and to survivors of deceased workers.
- The Medicare and Medicaid programs, which provide health insurance to the elderly, the disabled, and low-income families.
- The Affordable Care Act of 2010, which expanded health insurance coverage to millions of Americans.
What are the benefits of social legislation?
Social legislation can have a number of benefits, including the following:
- It can improve the Quality Of Life for individuals and families.
- It can reduce poverty and inequality.
- It can promote economic Growth.
- It can strengthen Democracy.
What are the challenges of social legislation?
Social legislation can also face a number of challenges, including the following:
- It can be difficult to pass and implement.
- It can be expensive to administer.
- It can be subject to political opposition.
- It can be difficult to evaluate its effectiveness.
What is the future of social legislation?
The future of social legislation is uncertain. The challenges facing social legislation are significant, but the potential benefits are also great. It is important to continue to debate and discuss the role of social legislation in society.
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Which of the following is not a type of social legislation?
(A) Labor laws
(B) Environmental laws
(C) Education laws
(D) Social security laws -
Which of the following is the most common type of social legislation?
(A) Labor laws
(B) Environmental laws
(C) Education laws
(D) Social security laws -
Which of the following is the purpose of social legislation?
(A) To protect the rights of workers
(B) To protect the Environment
(C) To provide education for all citizens
(D) To provide financial assistance to the elderly and disabled -
Which of the following is an example of a labor law?
(A) The Fair Labor Standards Act
(B) The Occupational Safety and Health Act
(C) The National Labor Relations Act
(D) All of the above -
Which of the following is an example of an environmental law?
(A) The Clean Air Act
(B) The Clean Water Act
(C) The Endangered Species Act
(D) All of the above -
Which of the following is an example of an education law?
(A) The No Child Left Behind Act
(B) The Individuals with Disabilities Education Act
(C) The Higher Education Act
(D) All of the above -
Which of the following is an example of a social security law?
(A) The Social Security Act
(B) The Medicare Act
(C) The Medicaid Act
(D) All of the above -
Social legislation can be used to achieve which of the following goals?
(A) To protect the rights of workers
(B) To protect the environment
(C) To provide education for all citizens
(D) To provide financial assistance to the elderly and disabled -
Social legislation can be used to address which of the following issues?
(A) Poverty
(B) Inequality
(C) Discrimination
(D) All of the above -
Social legislation can be used to promote which of the following values?
(A) Equality
(B) Justice
(C) Fairness
(D) All of the above