Political Science Project1.docx

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Welfare State In India

Submitted To Mrs. Anita Samal Political Science Project Submitted By Megha Paleshwar Ba.LLB(Hons.) Semester – II Section – “B” Roll no.-98

Hidayatullah National Law University Raipur (C.G.)

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Declaration

I hereby declare that the project work entitled “ Welfare state in India”submitted to HNLU, Raipur, is a record of an original work done by me under the guidance of Mrs. Anita Samal, FacultyMember, HNLU, Raipur.

Name:Megha Paleshwar Roll no.:98 Semester I

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Acknowledgements I feel highly elated to work on the topic “Welfare state in India”. The practical realization of this project has obligated the assistance of many persons. I express my deepest regard and gratitude for Mrs. Anita Samal, Faculty of Political Science. Her consistent supervision, constant inspiration and invaluable guidance have been of immense help in understanding and carrying out the nuances of the project report. I would like to thank my family and friends without whose support and encouragement, this project would not have been a reality. I take this opportunity to also thank the University and the Vice Chancellor for providing extensive database resources in the Library and through Internet. Some printing errors might have crept in, which are deeply regretted. I would be grateful to receive comments and suggestions to further improve this project report.

Megha Paleshwar Roll no.:98 Semester I Section:B(English) B.A.-L.L.B(Hons.)

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Contents 1.Declaration…………………………………………………………………………………. 2.Acknowledgements……………………………………………………………………..... 3.Objective………………………………………………………………………………… 4.Scope of study………………………………………………………………………………… 5.Methodology………………………………………………………………………………. 6. Organisation of study…………………………………………………………………….. 7.Introduction……………………………………………………………………………..……7 8. Chapters 8.1. Theory of Welfare State in India …………………..…………………………………….8 8.2. Directive Principle of State Policy and Welfare State………………….……………..…10 8.3. Advantages of Welfare State in India………………………………………………..…..12 8.4.Implementation………………………………………………………………….……….13 8.5. Economic and Social Rights ……………………………………………………………15 8.6. Protection to Weaker and Minorities Section of the Society………..……………….…16 8.7. Whether India a Welfare State Or Not…………………………………………………17 9. Conclusion…………………………………………………………………………………19 10.References……………………………………………………………………………….20

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Objectives of the study 1.To study theory of welfare state in India. 2.To analyise Directive Principle Of State Policy and Welfare State. 3.To describe advantages of Welfare State in India. 4.Implementation of Welfare state in India

Scope of study The scope of my study includes the concept of Welfare State ,its advantages and how the Indian government are working to maintain a welfare state in India. I have also focussed on the different schemes and policies that the government has launched.

Methodology This project work

follows a descriptive-cum-analytical approach. It is largely based on

secondary & electronic sources ofdata. Books & other re

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Organisation of study 1.In first chapter I have mentioned the theory of welfare state in India.It is such a convenient and elastic phrase that it is tailored to fit various developments in the social and economic fields. 2.In second chapter i.e.Directive Principle of State Policy and Welfare state.It tells about the guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. 3.In third chapter,Advantages of Welfare State help us to understand the benefits we will get from Welfare State. 4. In fourth chapter i.e. Implementation. I have mentioned about what efforts The State has made many to implement the Directive. 5.In fifth chapter, I have mentioned about Economic and social rights economic and social rights in the lust of fundamental rights placed them in the category of directive principles

Introduction A welfare state is a concept of government where the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. 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. The general term may cover a variety of forms of economic and social organization. There are two main interpretations of the idea of a welfare state: 

A model in which the state assumes primary responsibility for the welfare of its citizens. This responsibility in theory ought to be comprehensive, because all aspects of welfare are considered and universally applied to citizens as a "right".



Welfare state can also mean the creation of a "social safety net" of minimum standards of varying forms of welfare.

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In the strictest sense, a welfare state is a government that provides for the welfare, or the wellbeing, of its citizens completely. Such a government is involved in citizens lives at every level. It provides for physical, material, and social needs rather than the people providing for their own. The purpose of the welfare state is to create economic equality or to assure equitable standards of living for all. The welfare state provides education, housing, sustenance, healthcare, pensions, unemployment insurance, sick leave or time off due to injury, supplemental income in some cases, and equal wages through price and wage controls. It also provides for public transportation, childcare, social amenities such as public parks and libraries, as well as many other goods and services. Some of these items are paid for via government insurance programs while others are paid for by taxes.

Chapter – 1 Theory of Welfare State in India The genesis and development of the concept of the welfare state lay in the interaction of ideas, mainly, conservatism, liberalism and socialism, in the unique British historical setting of a qualitative change from administrative to ameliorative legislation1. The formative period of the concept involved an interesting application of empiricism and ideology to the problem of poverty. The welfare state, conceived within the liberal framework, involved a social consensus on a wide spectrum of socio economic policies. Two sociological factors largely contributed to the growth of the concept: first, increasing prosperity that produced a revolution of rising expectations; and second, the hope and the fear generated by the newly acquired manhood franchise. The faith in piecemeal social engineering, bereft of dogma, set the precedent for expanding municipal activity and government’s interest in social reform. This, indeed, was an ominous beginning.

1

The act or instance of the state of being improved.

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State help and self- help, in this context, became the two focal points of the ‘principled’ discussion on the subject of the welfare state. Herbert Spencer’s liberalism, an apotheosis of self help, as a deductive system, had deeper implications for welfare state activity. The notion that Spencer was opposed to welfare state is a false one. His doctrine of non- intervention and positivistic connotation, prima facie inconsistent with laissez- faire, but consistent with the view of state help as complimentary to self- help. In economics, laissez-faire2 describes an environment in which transactions between private parties are free from state intervention, including restrictive regulations, taxes, tariffs and enforced monopolies. The phrase is French and literally means "let do", but it broadly implies "let it be", or "leave it alone." The problem of the period was to search some criteria for judging the compatibility, or otherwise, of the various schemes of state welfare, vis a vis the idea of self help. The problem of the period was to search some criteria for judging the compatibility, or otherwise, of the various schemes of state welfare, Vis a Visa the idea of self help. The process of laying the foundations of the concept of the welfare state, the British political system acquired a remarkable capacity of preserving its liberal identity against the alien ideas of French and German socialism and Bismarckian model of the welfare state3. British resistance to utopian ideals and adaptation to new challenges and responsibility was phenomenal. Political leaders of all hues and complexions were falling prey to democratic compulsions and were redefining their ideals. In relation to matters affecting the labour and the poor, they were abandoning their pitched positions in response to pragmatism. Transport, banking, agriculture, industry, trade; in a word, a large segment of economy, were subject to regulation. Although there never was at any time a laissez- faire state, as the existence of Elizabeth Poor Law and factory legislation indicate, it is true that the era of “collectivism”- a mistaken term for regulatory capitalism- started in the 1870’s whose first lasting effect could be seen in an increased legislative activity at the national level in the last decade of the last century. By the time Great War intervened, the statutes had covered many areas of social reform and the pattern of change had set in, more spectacularly, by the ‘people’s budget’, a landmark in the march

2

An economic system in which transaction between private parties are free from government interference such as regulation, privileges, tariffs and subsidies. 3 It had adopted a strategy of labor sheddingin the 1970s and 1980s.

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towards the welfare state. The seeds of the concept lay in the problem of poverty. Its incidence and range assumed the form of the recurring Condition of England Question, which called for empirical investigation and verification. The basic element in the growth of the concept of the welfare state, however, was the two-fold realization of, one, the inadequacy of private charity, philanthropy and the poor law to meet the pressing demands of the poor who had acquired the new voting power; and two, the increasing capacity of the public exchequer to bear welfares burdens. The state helped, to the extent it was practicable, both in the formulation and solution of the felt and publicized problems of want, disease, ignorance, squalor and misery, in the backdrop of the widespread fear of an impending revolution, which added urgency to efforts for solving these problems. The interaction of empiricism and ideology- conservative, liberal and socialist- predicated the concept of the welfare state, embodying a consensus on a wide spectrum of socio- economic policies. The development had been distinctive in several ways. It occurred in a free society where men projected their interests and ideas into the arena of conflict and where governments tended to take decisions by discussions and empirical investigation of problems. The welfare state evolved in response to the peculiar conditions of a maturing economy, laissez- faire attitude and traditions of enlightened self- interest.

Chapter 2 Directive Principles Of State Policy and Welfare State The Directive Principles of State Policy is guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. They are enumerated in part iv of the constitution of India. i.e. directive principles of state policy. They are the instruments of instructions in the governance of the country. The directive principles lay down certain economic & social policies to be pursued by the various governments in India. They are classified as social & economic charter, social security charter& community welfare charter. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the

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country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters. It is by enacting “directive principles of state policy” in part IV of the constitution that we endeavored to create a welfare state. In a sense the directive principles of state policy epitomize the ideals, the aspirations, the sentiments, the precepts, and the goals of our entire freedom movement. In another sense, they represent a compromise between the ideals and reality. In the initial stages of the constitution making there was a strong current of opinion to make the directive principles as much justifiable as the fundamental rights. But it dawned on the constituent assembly that it would not be practicable to make the positive rights justifiable. Thus ultimately the non- justifiable directive principles were enacted in part IV of the constitution. T.T.Krishnamachari4 called the nonjustifiable directive principle as “a veritable dustbin of sentiment sufficiently resilient to permit any individual of this house to ride his hobby- horse into it. Socialist ideals and percepts of national movement found expression in a number of articles. Article 39 embodies the percepts of national movement thus: ‘the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life. The socialist ideals of the national movement and the national goals are embodied in article 39 which runs: The state shall, in particular, direct its policy towards securing:i. That the citizens, men and women equally, have the right to an adequate means to livelihood; ii.That the ownership and control of the material resources of the community are so distributed as best to sub serve the common good;

4

Political Leader Born:1899,India Died:1974

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iii. That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. iv. That there is equal pay for equal work for both men and women; v. That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited by their age or strength; and vi.Those children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and childhood and youth are protected against exploitation and against moral abandonment.

Chapter 3

Advantages of Welfare State in India 1. Welfare is an effective way for a state or a government to attend to the needs of the poor. Regardless of the economic state or prosperity of a country as a whole, there are always people who need some help. There are some who need medical care, some need the basic essentials of food, water and clothing, the homeless would require refuge and there are many other kinds of needs that can be met with welfare. There are numerous charitable organizations and non profit organizations that attend to the needs of poor or helpless people but the state has only one way to play a positive role which is welfare. Not only do the poor need the help of the state but even some otherwise well-to-do families or middle income families that need some help at certain times. There are instances in the past of prosperous families going bankrupt, people with good incomes going broke and people having homes losing them through some bad decision or choice. In all such circumstances, welfare is an effective way to offer some help. 2. From the perspective of ideals, welfare is an imperative initiative. A country and its people are judged by how the poor of the nation are treated. Thus, welfare becomes humanitarian and also a

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necessity for national pride. But away from the ideals, welfare is essential to maintain peace, security and tranquility. When the helpless are taken care of or when people have their basic needs met, they are less likely to get desperate. When helpless people get desperate and don’t have any choice, they resort to crimes. From harmless thefts to grievous crimes, there can be a number of different untoward possibilities if people who are otherwise underprivileged or unprivileged are not taken care of. Financially weaker sections of society have often been the targets of mafias, organized crime and even brainwashers of terrorist organizations. Ensuring every citizen a basic standard of living ensures stability in a country and contributes to building and maintaining a healthy society. 3. While there are some macro level advantages of welfare, there are a few micro level implications as well. Those who lose jobs and become unemployed temporarily can take advantage of welfare and try to sustain their livelihood till the time they get another job. Without welfare, the recently unemployed may be compelled to sell their home or other assets and there may be little room to prepare for a comeback.

Chapter 4 Implementation The State has made many efforts to implement the Directive Principles. The Programme of Universalisation of Elementary Education and the five year plans has been accorded the highest priority in order to provide free education to all children up to the age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years. Welfare schemes for the weaker sections are being implemented both by the Central and state governments. These include programmes such as boys' and girls' hostels for scheduled castes' or scheduled tribes' students. The year 1990-1991 was declared as the "Year of Social Justice" in the memory of B.R. Ambedkar. The government provides free textbooks to students belonging to

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scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 20022003, a sum of Rs. 4.77 crore was released for this purpose. In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted the Prevention of Atrocities Act in 19955, which provided severe punishments for such atrocities. Several Land Reform Acts were enacted to provide ownership rights to poor farmers. Up to September 2001, more than 20,000,000 acres (80,000 km²) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy in India has been to improve banking facilities in the rural areas. The Minimum Wages Act of 1948 empowers government to fix minimum wages for employees engaged in various employments. The Consumer Protection Act,1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer. The Equal Remuneration Act of 1976, provides for equal pay for equal work for both men and women. The Sampoorna Grameen Rozgar Yojana was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions. Panchayati Raj now covers almost all states and Union territories. One-third of the total number of seats have been reserved for women in Panchayats at every level; in the case of Bihar, half the seats have been reserved for women. Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer. Judiciary has been separated from the executive in all the states and Union territories except Jammu and Kashmir and Nagaland. India's Foreign Policy has also to some degree been influenced by the DPSPs. India has in the past condemned all acts of aggression and has also supported the United Nations’ peace-keeping activities. By 2004, the Indian Army had participated in 37 UN peace-keeping operations. India played a key role in the passing of a UN resolution in 2003, which envisaged better cooperation between the Security Council and the troop-contributing countries. India has also been in favor of nuclear disarmament.

5

New Delhi, the 31st March,1995 An act of the Parliament of India enacted to prevent atrocities.

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Chapter-5 Economic and Social Rights The constituent assembly finding it difficult to place certain economic and social rights in the lust of fundamental rights placed them in the category of directive principles . In this way the following rights ,found a place among the Directive Principles : 1. Right to adequate means of livelihood :Article 39(a) 2. Right against exploitation :Article 39(b) 3. Right of both sexes to equal pay for equal amount of work :Article 39(d) 4. Right to work 5. Right to leisure and rest :Article 43 6. Right to Public Assistance in case of unemployment :old age or sickness :Article 42 7. Right to Education :Article 41 8. Right to just and humane condition for work :Article 42 9 .Right to maternity relief :Article 42 10 .Right to free and compulsory Education of children :Article 45

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Chapter-6 Protection to Weaker and Minorities Section of the Society Needless to say protection to minorities and weaker sections of the society has been the main plank on which we have tried to usher in the economic revolution .Some of the rights of the minorities have found a place of pride among the fundamental rights .Article 43 direct the state to secure to all workers ,by legislation ,economic organistaion ,or in any other way ,a living wage ;conditions of work ensuring a decent standard of life ,and full enjoyment of leisure and social and cultural opportunities .Article 47 imposes as a primary duty to raise the level of nutrition and standard of living of its people .On the basis of these articles some of the social and labour legislation has been enacted .Article 39 A provide for equitable justice and free legal aid by suitable legislation .Article 43 A stipulates the participation of workers in the management of industries .Article 46 specifically lays down that the state ‘shall promote with special care the educational and economic interest of weaker sections of the people ,and ,in particular ,of the schedule caste and the schedules tribes and shall protect them from social injustice and all form of exploitations.

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Chapter-7 Whether India a Welfare State Or Not Yes India is a Welfare State.. It is in its Constitutional itself has as Directive Principle and India has tried to achieve it.. But these Welfare policies are not adequately monitored and implemented. Rather it has given an effective corruption and partials. All the Government Hospitals were inadequality serviced duty to crisis of management due to policies in the Legislation. Schools run by government institutions are incompetent and in surplus. Slum dwellers signify the mass level migration and show the inadequacies in the Villages or respective states. While official figures give credence to the claim that “economic growth necessarily leads to poverty reduction”, a careful look at them tells a different story about the impact of structural adjustment and liberalization. After a decade of liberalization, the promise of ‘Economic growth with justice’ seems eternally postponed. An official government economic survey boasts a 6%-7% annual growth rate since the introduction of economic reforms in 1991/1992. A 2000 poverty survey shows poverty down from 36.19% in 1993/1994 to 26.10% in 1999/2000. There is increasing inequality between rich and poor and urban and rural people. Dalits2 and tribal are increasingly marginalized. Poverty in terms of total numbers has not decreased, employment opportunities have decreased, and more people are being pushed into the informal sector without any legislative protection or safety nets. Human rights violations against the tribal and Dalit communities have increased. The balance sheet after ten years raises serious questions about the ability of the present economic system to deliver distributive Justice and promote equitable social change. Poverty and inequality the percentage of people living in poverty has declined over the last two decades (Table 1), but because of population growth, the total number of poor people has remained more or less constant. Almost 265 million Indians live below poverty line. The rural-urban poverty lines, which almost intercepted in 1987/1988, sharply widened during the decade of economic reform. Interregional disparities are alarming. According to National Sample Survey Organization

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(NSSO) figures, the poverty figure for Orissa is 47.15%, Bihar 42.6%, Madhya Pradesh 37.43%, Sikkim 36.55%, and Tripura 34.44%. Poverty alleviation programs have not reached the poor. The government views the PDS as a measure of poverty alleviation, not as a basic entitlement. It uses its increasing financial burden as an excuse for downsizing the PDS. But this food subsidy is only about 0.4% of GDP and this number has not changed for the last few decades. According to the latest economic survey, 150 million hectares of India’s land is affected by water and wind erosion, arable land is shrinking, and investment in agriculture is declining. The livelihood of 1.6 million farmers is at risk because of the imminent opening of the poultry market. Poverty reduction strategies in India cannot succeed without a robust agricultural sector. Economic reform has weakened rather than strengthened this sector. The male-female ratio is still negative with 933 female per 1,000 males. Women hold only 8.9% of parliamentary seats. During the reform years, instances of violence against women increased substantially. Nearly 91% of employment is in the informal sector. The employment growth rate in the formal sector has steadily declined. Child labour is rampant in India. Under-employment and feminization of the work force are important consequences of economic reforms. According to the provisional figures of Census 2001, the literacy rate has gone up to 65.38%, but at the same time nearly 25% of men (male literacy is 75.85%) and about 45% of women (female literacy is 54.16%) in India are illiterate. Government expenditure for education, which was 2.75% of GDP in 1998/1999, has declined or remained stagnant. Access to basic health care, especially in the rural areas, remains unavailable to a large majority of people. Central and state government expenditures on health, at 1.11% of GDP in 1998/1999, declined in the last decade.

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Conclusion The welfare state is such a convenient and elastic phrase that it is tailored to fit various developments in the social and economic fields. To some, the definition of the state assumes a welfare state. To others the concept is related to the extension of administrative activity of the state. Some highlight its close link with the organization and reform of local government. In the sphere of policies and legislation, it comes handy to the political reformers to push their pet schemes and proposals and denounce those of the opponents. To political parties and organs of fostering public reforms to push their pet schemes and proposals and denounce those of the opponents. To political parties and organs of fostering public opinion, it provides a cover for strategy and tactics to carry out several activities to attract the largest sections of voters. Its vastness, as also its vagueness, no doubt, is phenomenal. It is claimed to be an operative ideal for all sorts of ideological platitudes. It has no fixation of outline or a conceptual precision. In its ambiguity lie its uses. Because the word “welfare” defied accurate characterization, the type of changes in society that the term envisages is inexact; its connotation is subject to conflicting interpretations. Any state can be called a welfare state just as any ruler can claim to represent, what Rousseau called, “the general will”. It is difficult to establish a criterion or criteria appropriate to the concpt of welfare state. Its connection with the concepts of “social justice” or “egalitarianism” is both complx and tenuous. On account of the ephemeral and obscure nature of the concept, the welfare state has become everybody’s cup. Each party finds words in justification of the welfare state. For conservatives, state provision comes to assume the character of a “Brummagem bulwark protecting property from the inroads of socialism”; for liberals, the welfare state has warded off the fear of communism and nihilism which stalked the land; and for Laborites, the discomfiture of the title “socialists” is allayed by the adoption of a respectable name.

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References Websites 1.www.legalservicesindia.com

2.www.jagranjosh.com

Books 

O.P. Gauba,An Introduction To Political Theory



J.C. Johari, Contemporary Political Theory



Sushila Ramaswamy,Political Theory,Ideas and Concepts



Rajeev Bhargava ,Ashok Acharya ,Political Theory ,An Introduction