Laws that seek to promote the common good, generally by
protecting and assisting the weaker members of society, are considered to be
social legislation. Such legislation includes laws assisting the unemployed,
the infirm, the disabled, and the elderly.
Concept
of Social Legislation
Legislation is an instrument to control, guide and restrain
the behavior 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 conditions 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.
Let us take a look at some of the definitions of social
legislation.
Dr. R.N. Saxena defines social legislation as ‘any act passed
by the legislature or a decree issued by the government for the removal of
certain social evils or for the improvement of social conditions or with the
aim of bringing about social reform.
A comprehensive definition of the term social legislation is
found in the Dictionary of Sociology by Fairchild.
According to this definition social legislation means laws
designed to improve and protect the economic and social position of those groups
in society which because of age, sex, race, physical or mental defect or lack
of economic power cannot achieve health and decent living standards for
themselves.
Social legislations, according to Prof. Gangrade, involves an
active process of remedy by preventing or changing the wrong course of society or
by selecting among the courses that are proved to be right.
To sum up these
definitions social legislation can be defined as special laws which are passed
with the special purposes of improving the socio-economic position of the
specific groups such as women, children, elderly, scheduled castes, scheduled
tribes, physically and mentally challenged, unorganized workers, agricultural and
landless laborers and other such vulnerable groups.
Social
Legislation: Needs
The need and importance of social legislation in a Welfare
State cannot be undermined. Our Constitution reflects the aspirations of masses
to become a welfare state where everyone enjoys the right to live a dignified
life and right to the pursuit of happiness are fundamental. In broader sense,
everyone in the country men is entitled to have basic human rights such as
right to life, employment, work health, education, etc. Now these rights can
only be secured through State action. Social legislation gives us a proper
formalized legal framework for achieving these goals. It is a known fact that
as social order undergoes changes, new problems and demands arise which cannot
be allowed to go out of hand. Problems such as juvenile delinquency, new forms
of crime, socio-economic injustices, socio-economic inequalities, problems of
social security have to be tackled through welfare legislations. It is
important to have social legislation to meet the existing social needs and
problems. It also anticipates the
direction of social change. Thus, Social legislation is needed
i) To ensure social justice,
ii) To bring about social reform,
iii) To promote social welfare,
iv) To bring about desired social
change.
v) To protect and promote of rights of
socioeconomically disadvantaged groups of the society.
Objectives
of Social Legislation
Social legislation derives its inspiration from our
constitution and has the following specific objectives:
1.
Removal
of discrimination on the grounds of sex, religion, caste, class etc. and
promotion of equality to all.
2. Safeguard the rights of the weaker
section such as women, children, elderly, widows, destitute and the backward
classes.
3. Eradication of traditional malpractices and
social evils such as untouchability, dowry, child marriage, female infanticide
etc.
4. Provision of social security.
Social legislation is required for
(i) Protection and promotion of
rights,
(ii) Prevention of individual and social
disorganization,
(iii) Proactive action,
iv) Pioneering social reforms in
social institutions and,
(v) Progressive social values for
desired social order.
In brief, the main aim of social legislation is 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.
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