All social laws enacted after India’s independence draw on principles embodied in the Constitution. The Constitution served as an inspiration for those with a concern for the common good. Based solely on constitutional principles, India has implemented a comprehensive social welfare system. Legislation was passed to improve the lives of women, kids, teens, and the elderly, as well as to reduce crime and improve access to healthcare. The Constitution of India has declared sufficient laws, including Fundamental Rights and Directive Principles, to ensure the safety of handicapped people and others. Following India’s independence, new marriage and family laws were enacted. The Hindu Marriage Act, the Special Marriage Act, and the Hindu Inheritance Act were all passed by the legislature. All of these laws were enacted with the intention of reducing societal disparities and bolstering the rights of certain demographics.
Object and Purpose of Social Legislation
Legal protections for the vulnerable are crucial in a Welfare State and should not be taken lightly. The pursuit of happiness and the right to a decent existence are essential principles of our Constitution, which embodies the hopes of the people for a welfare state. In a larger sense, all citizens of the nation are guaranteed certain fundamental rights, including the right to live, the right to work, the right to health care, the right to an education, etc. Currently, however, the State is the only entity capable of guaranteeing these rights. For the first time, we have a structured legal framework provided by social law to accomplish these goals. Changes in the social order always bring forth new issues and demands that must not be allowed to spiral out of control. Juvenile misbehavior, new crimes, economic inequality, poverty, and other social issues have become pressing concerns in recent years.
These are addressed by social protection laws. The current social requirements and issues need social law. In addition, it foresees the course of societal evolution. Hence, social law is required to do the following: i) safeguard and advance the rights of economically and socially disadvantaged groups in society; ii) bring about social justice; iii) bring about social reform; iv) promote social welfare; v) bring about desirable social change.
The Reasons for Passing Social Legislation
The Constitution provides the framework for the pursuit of the following four goals in social legislation:
i) Discrimination based on gender, religion, caste, class, etc., is abolished, and everyone is treated equally.
ii) Protect the rights of the most vulnerable members of society, including women, children, the elderly, widows, the homeless, and the economically disadvantaged.
iii) The end of harmful societal practises including caste systems, child marriage, female infanticide, and dowry systems.
iv) Provision of social security for the general public.
As such, social legislation is essential for achieving i) the protection and promotion of rights, (ii) the prevention of individual and social disorganisation, (iii) proactive action, (iv) the introduction of groundbreaking social reforms within social institutions, and (v) the promotion of progressive social values in order to achieve the desired social order. In a nutshell, the primary goal of social legislation is to improve the social and economic conditions of society via structural changes. Everyone in a society must be afforded the same protections and possibilities. The purpose of social legislation is to promote social change and reform via the establishment of law. Given the rapid pace at which society is evolving, it is essential that laws be enacted to guide these transformations in the appropriate direction.
Describe through the Acts
We may categorize these laws into two groups: (1) those that safeguard the rights and empower women, and (2) those that safeguard the rights of the economically and socially vulnerable.
Laws for the safeguard the rights and empower women: these laws include those that address women’s rights and the advancement of women in society, either explicitly or indirectly.
The Protection of Women from Domestic Violence Act 2005: This is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act was passed by the Parliament in August 2005 and assented to by the President on 13 September 2005. As of November 2007, it has been ratified by four of twenty-eight state governments in India; namely Andhra Pradesh, Tamil Nadu, Uttar Pradesh, and Odisha.
The Dowry Prohibition Act 1961: Dowry had plagued the society for ages. The society has adopted this social evil for a variety of reasons. For instance, giving dowry had become a status symbol. It is also recognized as a religious custom. The Dowry Prohibitions Act of 1961 assured that the system of dowry was completely prohibited the giver as well as receiver of dowry punishable.
Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994: Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India. The Pre-Conception and Pre-Natal Diagnostic Techniques Act of 1994 has banned pre-natal sex-determination. Very genetic counselling centre, genetic laboratory or genetic clinic engaged in counselling or conducting pre-natal diagnostics techniques, like in vitro fertilisation (IVF) with the potential of sex selection (Preimplantation genetic diagnosis) before and after conception comes under the preview of the PCPNDT Act and are banned. The main objective of the act is the arrest of the declining sex-ratio in India due to rampant female feticide.
The Maternity Benefit Act (MB Act), 1961: The 1961 Act was amended by the Maternity Benefit (Amendment) Act, 2016, the amendments coming into effect from 1st April 2017. While the benefits of the ESI Act are available to insured women earning up to INR 21,000 per month, the MB Act applies to every woman employed in factories, mines, shops, commercial establishments that employ ten or more employees. There is no wage threshold under the MB Act.
Sati Prohibition Act, 1829 (Repealed); The Commission of Sati (Prevention) Act, 1987: The Act provides for effective prevention of commission of Sati (burning alive of widow on the funeral pyre of her husband) and its glorification. For the glorification of Sati, punishment is imprisonment or fine.
Medical Termination of Pregnancy (Amendment) Act,1971: In Indian society, abortion was seen as a stigma, and the ethics of women were challenged whenever they opted for any such method. Abortion was justified only in a few cases, such as-
1. Physical or mental ailment on the part of the mother carrying the child.
2. In case of any sexual assault or rape.
3. In case of a stillborn child or any functional disorder on the part of the child.
Regarding the abortion laws in India, the Shantilal Shah Committee was established by the Central Family Planning Board of India in 1964. To increase its efficacy and to lower the incidences of botched abortions and maternal deaths that were linked to illegal and unsafe abortions, the report advocated liberalizing the rules governing abortion. Its purpose was to investigate and examine the moral, social, legal, and medical justifications for abortion. On 4th December 1966, the Shantilal committee sent a report with thorough observations of the then prevailing circumstances. A Medical Termination Bill was proposed in the Lok Sabha and Rajya Sabha in 1969 based on the committee’s recommendations, and the parliament approved it in 1971.
“No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.”
Numerous distinguished jurists, as well as scholars, have interpreted Article 21 of the Indian Constitution. As per the scholars and jurists, the ambit of Article 21 is wide enough to include termination of pregnancy in it. The same was upheld in the case of K S Puttaswamy v. Union of India (2018).
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: As discussed above, the Constitution has enshrined the principles of gender justice in India under various Articles. Workplace sexual harassment was first recognized by the Indian Legislature in the case of Vishaka v. State of Rajasthan, in which the Supreme Court framed certain guidelines, called the Vishaka Guidelines, and issued directions to the Union of India to enact a law for combating sexual harassment at workplaces. Since a specific law on sexual harassment did not exist at the time of passing of the judgement, the Supreme Court formulated the Vishaka guidelines wherein employers were mandatorily directed to provide a mechanism to address and resolve complaints relating to sexual harassment at workplaces.
Protection of Civil Rights Act 1955: The Indian Constitution contains provisions for the right to equality in Article 14 to 18. These articles deal with equality on the basis of religion, opportunity in public employment, equal pay for work and abolishment of untouchability. Article 17 of the Indian Constitution has abolished the act of untouchability and its practice in any form is banned. ‘’Untouchability’’ is an offense which is punishable in accordance with the law. The Untouchability Act, 1955 was enacted by the Parliament under Article 35(a)(ii) of the Constitution. This Act was amended by the Untouchability Amendment and Miscellaneous Provision Bill, 1972 which was passed by the parliament and enforced with effect from 1976, which has been renamed as Protection of Civil Rights Act, 1955.
Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989: An Act to prohibit discrimination, prevent atrocities, and hate crimes against scheduled castes and scheduled tribes. Scheduled Castes and Scheduled Tribes in the state and union territories are defined in Article 342(1) and Article 366(25) of the Indian Constitution as a special category of tribe or community as and whenever declared by the President
There are two marginalized groups in Indian society: the Dalits, which are legally classified as a Scheduled Caste, and the Tribals, which are legally classified as a Scheduled Tribe. They have been the victims of many atrocities since the beginning of time. Hence, this segment of the population is protected from discrimination and atrocities by the Act. According to Article 17 of the Indian Constitution, untouchability and all similar practices are forbidden. The Untouchability (Offences) Act was passed in 1955. However, the government was forced to make changes to the 1955 Act and passed the Civil Rights Act, 1955 (amended in 1976), due to the shortcomings and loopholes in the 1955 Act. Due to the continuing grievances and injustice against Scheduled Castes and Tribes, Parliament passed the Scheduled Caste and Scheduled Tribe Act (1989) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules (1995) in order to combat the inhuman treatment they suffer.
The main object of this act is that the Act is the primary legislation aimed at preventing the occurrence of crimes against Scheduled Castes and Scheduled Tribes.
· According to the Act, Special Courts and Exclusive Special Courts shall be established for the purpose of trying individuals charged with such atrocities.
· As per the Act, funds are provided for their free rehabilitation, travel expenses, and maintenance expenses, with officers empowered to ensure that the act is appropriately implemented.
· Additionally, the Act sets out to make the Dalits an integral part of society and to protect their rights when crimes threaten to violate their social, economic, democratic, and political rights.
· The Act works to prevent deprivation and assists marginalized communities in avoiding it.
Conclusion and Suggestion
Society is not a fixed entity but rather one that is always evolving. As a result, the whole fabric of our social structures is shifting. There are several obstacles for social legislation in an ever-changing environment. Each member of society must shoulder their fair share of the blame if these problems are to be solved. Certain parties involved need to exercise more caution. The legislative process, the legal system, and legislators rank highest. Non-governmental organisations (NGOs), social workers, and individuals affiliated with social educational institutes (SESs) should take the lead in establishing and upholding social security for women and other vulnerable populations. This comprehensive approach is the only way to achieve the goals of social legislations.
Bibliography
Chawla Manika; Gender Justice: women and law in India
The Schedule Caste and Scheduled Tribes Act 1989
The Protection of Women from Domestic Violence Act 2005
Dowry Prohibition act 1961
The Protection of Civil Rights Act 1955
Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994