Social-Welfare and Our Laws (India is going on grate path of welfare-state.)
Mahatma Gandhi’s greatest ambition for India was “to wipe every tear from every eye”. Describing his passion for serving the poor-class of society he said “God is found more often in the lowliest of his creatures than in the high and mighty… I am struggling to reach the status of these hence my passion for the service of the suppressed classes.”
It is unbelievable think that some one working for others with-out any revenge for welfare of our people and country. M.K.Gandhi’s dream was holy. His only dream was to establish a welfare-state. Over a period of time Gandhi gave-up all privileges. He began to live a Spartan life in ashrams like a Sanyasi (saint) for our country. As he explained “whatever cannot be shared with the masses is taboo for me”. Our leaders till today trying to get the same goal as father of nation dream one-day.
A democratic ideal of justice must rest on three foundations of equality, liberty, and ultimate control of government by the people. All societies have legal rules which ever made for a better human life. Human activity, be it economic, social or political, is controlled by laws or procedures of various types. Because in India we agreed that law should not only be concerned with what is but and also what ought to be..
A welfare state is a concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizen. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions for a good life. Preamble of the constitution provides these principles of welfare-state in first.
Welfare systems different in every country, but welfare is commonly provided to individuals who are poor, unemployed, or disability, The preamble to the Indian Constitution cites promotion of the Justice, Liberty, Equality, Fraternity assuring the dignity is the basic principal of general welfare as a primary reason for the creation of the Constitution. Although the words “Welfare State” are not specifically mentioned into the Constitution, the aims and objectives clearly point to such an entity. Moreover, what is not specifically stated in the Preamble is mentioned in the Directive Principles of State Policy. Article 38 of the Chapter defining these Directives runs as follows: “The State shall strive to promote the welfare of the people by securing arid protecting, as affectively as it may, a social order in which justice, social economic and political, shall inform all the institutions of national life.”
Dream of our Father of nation and the makers of constitution is working on our system. After 64 years of independency our democratic system is working on those basic philosophies of our leaders. Still 2011 we are making legislation if favor of social welfare. Our policies have only one object which is to serve the people. This modern state has been continuously trying to convert the state into a social welfare state which attributes to “Ram Rajya”.
Pandit Jawaharlal Nehru had distinct concept of a Welfare State and gave some vital clarifications in this regard, Apart from the generally accepted stipulations, he said in Parliament, once on February 2, 1953, and again on February 17, the same year that “a Welfare State has no meaning unless every individual is property employed end takes part in-nation-building activities. When there is unemployment, he felt, there could be no Welfare State. In any case the unemployed people—and their number run into millions-are not parties to the Welfare State but “outside its pale”. He also affirmed that “to realize the ideal of a Welfare Stale requires hard work, tremendous effort and co-operation”. According to his concept India may not become a Welfare State for many decades yet because the unemployment problem was unlikely to be solved for many years to come. Work and facilities on working places, guaranteed jobs for poor mass (MNREGA).
In 2000 union government expenditures on social services (includes education, health, family welfare, women and child development, and social justice and empowerment), rural development, and basic minimum services were approximately US$7.7 billion (Rs361.7 billion), which was 11.1 percent of total government expenditures and 1.7 percent of gross domestic product (GDP). In addition to the 0.71 per cent of GDP allocated in Budget 2010-11 for the Ministry of Human Resource Development (MHRD), States will be given access to Rs.3, 675 corers for elementary education under the 13th Finance Commission grants for 2010-11. There has been a significant stepping up in the outlay for the Rashtriya Madhyamik Shiksha Abhiyan from Rs.550 corer in 2009-10 (R.E.) to Rs.1, 700 corers in 2010-11. Other areas showing increased outlays in Budget 2010-11 include the adult education and skill development scheme, educational loan interest subsidy in university and higher education, scholarship for college and university students and the up gradation of existing polytechnics and setting up of new ones.
India have more laws in respect of welfare-state Scheme for woman– Awareness Generation Projects for Rural and Poor Women, Condensed Course of Education for Adult Women, Development of Women and Children in Rural Areas (DWCRA),Distance Education for Women Development and Empowerment , Education Work for Prevention of Atrocities on Women,Family Benefits Scheme, Family Counselling Centre,Kishori Shakti Yojana(KSY),Maternity Benefits Scheme,NORAD Scheme, Rashtriya Mahila Kosh,Scheme for Working Women Hostals,Science and Technology for Women,Support to Training and Employment Programme for Women (STEP),Swa Shakti Project,Swayamsidha Rehabilitation of Women with Disabilities, Vocational Training Programme,
Child Scheme- Aganwadi Scheme,Balika Samriddhi Yojana, Development of Women and Children in Rural Areas (AWCRA),Integrated Child Development Scheme(ICDS),Juvenile Justice system,Mid Day Meal Scheme,National Creche Fund,Non- Formal Education Centers Exclusively for Girls,Reproductive and Child health Programme (RCH),Shishu Greh Scheme,
Labour and Employment Scheme– Employment Assurance Scheme (EAS)Food for Work Programme Jawahar Rozgar YojanaLabour Welfare Fund,Maternity Benefits Scheme Million Wells Scheme,Mahatma Gandhi National Rural Employment Guarantee Act, 2005, (MNREGA),Prime Minister’s Rozgar Yojana (PMRY),Rural Employment Generation Programme(REGP),Sampoorna Grameen Rozgar Yojana (SGRY),Scheme for Working Women Hostels,Scheme for Rehabilitation of Bonded Labourers,Support to Training and Employment Programme for Women (STEP),Swarnjayanti Gram Swarozgar Yojana(SGSY),Training of Rural Youth for Self- Employment (TRYSEM) ,
The growth of the welfare-state process has been a universal phenomenon of contemporary society, although both speed and manner of its development have varied greatly from country to country. Indian phenomenon about development regarding welfare is based on holly ideas and the ideals. Every level of our society is growing-up. There is no doubt that India is a Social-welfare country and our law is an equipment which helping to get that motto, dreamed by the makers of the country. We can say that India is going on grate path of welfare-state.
BY.-KRISHNA KISHOR TRIVEDI
(LECTURER ,UNIVERSITY COLLEGE OF LAW)