SOCIAL LEGISLATION

 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.