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Concept of Social Security and Labour Welfare in India: an Analytical Study*

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Concept of Social Security and Labour Welfare in India: an Analytical Study* Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in Concept of Social Security and Labour Welfare in India: An analytical study* Raman Sharma Ph.D. Research Scholar Department of Laws, Panjab University, Chandigarh Abstract: The concept of social security is needed economic inequalities and for making direct to establish peace, stability and protection in the contributions to the well being of all. The gist of society. Now social security has become a fact of social security is that the State shall make itself life for millions of people, throughout the world. responsible for ensuring a minimum standard of Social security is a major aspect of public policy material welfare to all its citizens on a basis wide and the extent of its prevalence is a measure of the enough to cover all the main contingences of life. It progress made by a country towards the ideal of a aims to help individuals in their times of welfare state. The main strength of the social dependency. The main risk of insecurity to which security system is that it acts as a facilitator – it human life is exposed and in relation to which helps people to plan their own future through organised society can afford relief to the helpless insurance and assistance. Social security for individuals are incidents of life occurring right workers is a concept which over a time has gained from childhood upto old age & death and include importance in the industrialized countries. Broadly, mainly sickness, maternity, invalidity, accident and it can be defined as measures providing protection industrial disease, unemployment, old age, death of to working class against contingencies like- the bread-winner and other such emergency.ii retirement, resignation, retrenchment, maternity, old age, unemployment, death, disablement and 2.1- Definitions other similar conditions. I.L.O. defines social security as- The security that 1- Introduction the society furnishes through appropriate organization against certain risks to which its “No lasting peace without social justice no members are exposed. These risks are essentially social justice without social security” contingencies against which the individual of small means cannot effectively provide by his own ability o r f o r e s i g h t a lone or even in private combination Leo Killbmann with fellows.iii Social Security and labour welfare is a basic need In India, The National Commission on Labour of all people regardless of the sector of has endorsed the I.L.O. definition of social security employment in which they work. Social Security is and observes- Social security envisages that the one of the most powerful institutional expressions members of a community shall be protected by of social solidarity and an important means by collective action against social risks causing undue which an adequate standard of living for the people hardship and privation to individuals whose prime is ensured. Social security and labour welfare is recourses can seldom be adequate to meet them. iv being increasingly recognized as a dynamic concept which has widely influenced the social and Social security, according to New Zealand Royal economic policies of all the developed and Commission should ensure that- everyone is able developing countries. It is one of the pillars on to enjoy a standard of living much like that of the which the structure of welfare State is rests. The rest of the community, and thus is able to feel a concept of social security and labour welfare in sense of participation in & belonging to the modern welfare State is much too broad enough community.v providing comprehensive social security from ‘womb to tomb’.i Labour Welfare is an extension of the term welfare and its application to the labour. It is true that 2- Meaning of social security and labour welfare labour occupies an important position in every society, but its import has not always received the Social security is as old as society itself, but its requisite accreditation. In India, labour welfare form has evolved according to its needs and the started in its broader meaning, but has gradually level of social consciousness of the people. Social become narrower in its outlook. The necessity of security is important for reducing social and welfare work is beyond the stage of debate and is Imperial Journal of Interdisciplinary Research (IJIR) Page 1765 Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in recognized as an integral part of industrial strength and spirit from the Directive Principles of management in all countries. The need for the State Policy as contained in the Constitution. improving the material conditions of workers, both Although the Constitution of India is yet to from the social view point and from the effect on recognize social security as a fundamental right it productive efficiency, is being increasingly does require that the State should strive to promote appreciated throughout the civilized world. Labour the welfare of the people by securing and welfare work postulates a real change of hearts and protecting, as effectively as it may, a social order in change of outlook on the part of both the employers which justice social, economic and political shall and the workers as parts of an integral whole. inform all the institutions of national life. The state here discharges duty as an agent of the society in The Oxford Dictionary defines Labour Welfare as order to help those who are in adverse vi efforts to make life worth living for workmen. contingencies. Social security and labour welfare The Encyclopaedia of Social Sciences defines falls under the concurrent list; it means both union labour welfare as the voluntary efforts of the and state government can make laws regarding employers to establish, within the existing social security issues. Art 41, 42, 43 of the industrial system, working and sometimes living Constitution do talk about the same also, the and cultural conditions of the employees beyond concurrent list in (Seventh Schedule) of the what is required by law, the custom of industry and Constitution of India mention like; the conditions of the market.vii The Committee on Labour Welfare, set up by the Government of 1. Social security and insurance, employment India in 1969, in its report defined labour welfare to and unemployment. include such services, facilities and amenities as a 2. Welfare of labour including conditions of adequate canteens, rest and recreation facilities, work, provident funds, employer’s sanitary and medical facilities, arrangements for liability, workmen’s compensation, travel to and from work and for the accommodation invalidity and old age pension and of workers employed at a distance from their maternity benefits. homes and such other services, amnesties and facilities including social security measures as contribute to improve the conditions under workers are employed. The International Labour 3.1- Frameworks of social security relating to Organisation also observed that the term is one Organised sector which lends itself to various interpretations...... it may include not only the minimum standard of The Constitution of India ensures that the State hygiene and safety laid down in general labour shall strive to promote the welfare of the people by legislation, but also aspects of working life as securing and protecting as effectively as it may a social insurance schemes, measures for protection social order in which justice, social, economic and of women and young workers, limitation of hours political shall inform all the institutions of the of works, paid vacations etc.viii national life set standards for achievements before the Legislature and Executive, local and other 3- Social Security- its provisions in India authorities, to achieve social & economical welfare of the people.xThe main statutory provisions that The concept of social security, according to the have been provided so for in the country in the National Commission on Labour is based on ideals direction of social security are as follows: of human dignity and social justice. The underlying idea behind social security measures is that a 3.1.1- The Employee’s Compensation Act, 1923 citizen who has contributed or is likely to The object of the Act is to impose an obligation contribute to his country’s welfare should be given protection against certain hazards of life to which upon employer to pay compensation to workers for he is exposed either in his working life or as a accidents arising out of and in the course of consequences of it. In other words, social security employment. The scheme of this enactment is not insures a person against economic distress resulting to compensate the workmen in lieu of wages but to from various contingences and assures him a pay compensation for the injury caused. The minimum level of living consistent with the Employee’s Compensation Act extends to the ix whole of India. The Central and State Governments nation’s capacity to pay. are empowered to extend the scope of the Act to India, being a welfare State, has taken upon itself any class whose occupations considered hazardous the responsibilities of extending various benefits of after giving three months notice in the official social security and social assistance to its citizens. gazette. The Act is administered by the State The social security legislations in India derive their Governments, who are required to appoint Commissioners of Employee’s Compensation Act. Imperial Journal of Interdisciplinary Research (IJIR) Page 1766 Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in 3.1.2- The Employee State Insurance Act, 1948 This scheme is compulsory for all the persons, who were members of the Family Pension Schemes, The object of the Act is to provide for certain 1971.
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