ALIGARH MUSLIM UNIVERSITY

MALAPPURAM CENTER

GENERAL CLASS TEST

SOCIOLOGY III

TOPIC:- CONCEPT OF SOCIAL

LEGISLATION AND ITS ROLE IN
RESOLVING SOCIAL PROBLEM

SUBMITTEDBY:- SUBMITTEDTO:-
Mohammad Moinuddin Ansari FAISAL K.P.
GK7937
18BALLB50 Department of Law
6TH Semester
  INTRODUCTION
The Indian Constitution promises equal protection of laws to all citizens . By
implication, then we should not only have just laws, but also see that they
are justly administered and implemented. Often the laws of the land are out
of bounds for the poor and the weaker sections. However, in the interest of
justice and welfare, it becomes imperative that special measures are taken
to protect these vulnerable and marginalized sections and one such
measure is the enactment of special laws which specifically aim at social
welfare which we collectively refer to as social legislation. As a
consequence of various technological, economic, social and political
factors personal and social disorganisation take place in different forms in
our society. To combat the consequences of the disorganisations, these
individuals, groups and institutions need special approaches, programmes
and treatment and legislation is one of such approach. We have specific
legislations for care, protection and treatment of neglected, deviant and
victim children, control and eradication of begging, welfare services for
prostitutes, adult offenders, marginalized and deprived sections and so on.
Social problems like immoral trafficking, juvenile delinquency are products
of our system and social workers are the people who address these
problems in depth. Social workers have knowledge and skills for access to
resources with which they can till the balance in favour of those whose
interests are otherwise overlooked. Law can be used as an effective
instrument by the social workers. In this process, social workers can play
an important role in the delivery of justice especially to the weaker sections.
Social work can network with law and help in the implementation of social
justice for juveniles, prisoners rehabilitation, prostitutes, SC/ ST, poor and
needy who are in need of legal assistance. Infact, social worker can carve
out a meaningful and constructive role for themselves in the area of social
legislation.
  Concept of Social Legislation

 Legislation is an instrument to control, guide and restrain the

behaviour 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 condition 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.

 OBJECTIVE OF SOCIAL LEGISLATION

Social legislation derives its inspiration from our constitution and has the
following specific objectives:

i) removal of discrimination on the grounds of sex, religion, caste,

class etc. and promotion of equality to all.
 ii) safeguard the rights of the weaker section such as women,
children, elderly, widows, destitute and the backward classes.
iii) eradication of traditional malpractices and social evils such as
untouchability, dowry, child marriage, female infanticide etc.
iv) provision of social security.

Social legislation is required for

(i) protection and promotion of rights,

(ii) prevention of individual and social disorganisation,
(iii) proactive action,

(iv) pioneering social reforms in social institutions and,

(iv) progressive social values for desired social order. In brief,

the main aim of social legislation is to change and
reorganise 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.

 IS SOCIAL LEGISLATION A TOOL OF

SOCIAL CHANGE
There are two schools of thought. 1. Social scientists of one school believe that law
in itself cannot lead to change, it can only follow change. Thus it cannot be an
instrument of the basic transformation of values and attitudes. 2. As per other
school of thought, social legislation is an important enabling mechanism of
bringing social change. It would not be incorrect to say that law alone, can not be
truly effective unless, it is supplemented and supported by public pinion and
administrative reforms. Despite its limitations social legislation can be a powerful
and effective tool in the hands of the professional social workers to fulfil their
commitment to the weaker and the marginalised sections of the society.

 SOCIAL PROBLEMS IN INDIA AND ROLE

OF SOCIAL LEGISLATION
There were and are many social problems in India. Britishers were the first
who tries to abolish malpractice of Upper caste people. Such malpractice
are simply known as social evils which only target weaker section of
society. Besides these , there were many social problems which were
common to all sections. It was Britishers who implemented the concept of
social Legislation in India and established the supreme authority of law in
social matters. Some of the main Social problems in India and role of social
legislation to resolve such social problems-

 CHANGE IN STATUS OF WOMEN

For instance law has been instrumental in bringing about a change in the
status of women. Equality of sexes has been ensured by our constitution
and law has endowed many rights on women at par with men.

1. A woman can acquire, hold and transfer absolute property in addition to

Stridhana under the Hindu Succession Act 1956.The Act further gives the
women the right of succession equal to that of male heirs.

2. The Dowry Prohibition Act of 1961 requires the dowry amount to be

transferred to the bride within three months from the time of the
solemnization of the marriage. This property is her absolute property.

3. The reforms in the marriage laws of Hindus have removed many

disabilities traditionally imposed on women. It has abolished bigamy and
divorce can now be legally claimed by a wife.

4. Child Marriage Restraint Act 1929 has restrained child marriage.

 5. In matters of employment, a woman is entitled for equal pay as her male
counterparts.

6. A daughter can be given and taken in adoption under the Hindu

Adoption and Maintenance Act 1956.

ABOLISHING THE CASTE SYSTEM

▪ Law also has been instrumental in bringing about structural transformation
by abolishing the caste system.

▪ Both under the constitutional and statutory law birth into any caste is no
longer a barrier to occupational choice.

▪ Abolition of untouchability by the Protection of Civil Rights has paved the

way for social mobility.

▪ Many more such instances can be cited where the changes and reforms
are brought through social legislations.

ILLETERACY AND RIGHT TO COMPULSORY

EDUCATION ACT,2009
In 1992 the honorable Supreme Court declared the right to free and
compulsory education as a fundamental right in the ambit of 'Right to Life'
under Art 21 of the constitution. In 2002 the constitution was amended by
inserting Article 21A to implement the right to free and compulsory
education of every child aged between 6 – 14 years and inserted
fundamental duties of parent and guardian. In 2010 The Right of Children
to Free and Compulsory Education Act 2009 was put in force with effect
from 1st April to provide free and compulsory education from 1 to 8th
standard to every child. Thus it can be seen that law protects the life of the
children.

SOME LEGISLATIONS FOR SOCIAL CHANGE

SCHEDULED CASTES WELFARE-
 To remove and abolish discrimination against SC and ST certain laws
were passed. These section of society were verbally abused as they were
considered to be lower status people and therefore to resolve such problem
legislature passed various laws and Legislation for example-

➢ The Protection of Civil Rights( PCR) Act, 1955

➢ The Protection of Civil Rights( PCR) Rules, 1977

➢ The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989

➢ The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Rules, 1995 WELFARE OF BACKWARD CLASSESLike for ST people ,
Government also passed certain law for welfare of backward class people-

➢ The National Commission for Backward Classes Act, 1993

➢ Many states give reservation to Backward classes in education,

EMPOWERMENT OF PERSONS WITH DISABILITIES

Persons with any kind of disabilities were discriminated by majority of
people. Persons who are disabled due to polio, or blind, deaf or disabled
because of any kind of disease were denied for job, education and more.
It’s was increasing and spreading in society. People with disability were
exempted from equal opportunity and therefore no job were given to them
and due to this they are becoming morally and emotionally weak. This all
result into suicides cases. Later government took this problem as serious
social problem and enacted various social legislation to remove this kind of
virus from society for example;

❖ Persons with Disabilities (Equal Opportunities, Protection of Rights and

Full Participation) Act, 1995

❖ Persons with Disabilities (Equal Opportunities, Protection of Rights and

Full Participation) Rules, 1996.
❖ National Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disability Act, 1999.

❖ The National Trust Rules, 2000 and The National Trust Regulations,
2001.

❖ Rehabilitation Council of India Act, 1992.

❖ Rehabilitation Council of India Rules and Regulations, 1997

Social problems have many solutions but the social legislation is the best
and fast solutions for them. It eradicate social problem in very fast ways
because it implements duties on person to stay away from such kinds of
act and omissions which are of nature of social evil and Problems. If people
don’t follow their duty then law will punish them if they do anything against
the provisions of legislation. As society grows and develops , complexity
also grows and which result into social problems. It is now a settled trend
that whenever social problems arise in society then social legislation comes
into play.

 Conclusion
Our Constitution promises equality to all. To translate this promise into
reality, it becomes imperative for the State to undertake special measures
aiming at the welfare of the weak and the marginalised segments of our
society. One such measure that the State has taken is the enactment of
special laws for improving and protecting the social and economic positions
of these weak and vulnerable groups. Social legislation is the branch of law
which deals with the drafting and the administration of laws aimed at social
welfare. Social legislation gives us the proper formalised legal framework
for achieving our promises of equality and justice. It aims at removal of
discrimination, safeguarding the interests and rights of the weaker sections,
eradicating traditional malpractices and social evils such as dowry, child
marriage, female infanticide etc. There are differences of opinion regarding
the efficacy of social legislation as an instrument of social change. It is true
that law alone, unless it is supported by public opinion and administrative
reforms, may not produce desired result. However, we cannot ignore the
potential of law for social change. It has played an important role in
improving the socio-economic status of weaker sections especially
women, children, scheduled castes and tribes in pre and sort
independence India. For instance women have gained considerable legal
stature after the passing of Hindu Marriage Act 1856,Chid Marriage
Restraint Act 1929, Hindu Marriage Act, Hindu Succession Act, Dissolution
of Muslim Marriage Act 1939, Prohibition of Dowry Act 1961 etc.
Professional social workers are the people who can use law as effective
tool in accelerating this process of change. Legal knowledge then becomes
imperative for social workers by virtue of the range of their duties and
responsibilities. They should be sufficiently equipped with not only the
knowledge of these laws but also the process and procedures as it relates
to their practice. A social worker working in the field of women’s welfare
must have knowledge about family laws, Prohibition of Dowry Act,
Prevention of Immoral Traffic Act and other related laws. Likewise those
working with children must have knowledge about The Juvenile Justice Act,
probation laws, child labour laws etc. Using the knowledge and methods of
social work, the social worker can give assistance within the legal
framework and thereby support the process of law. They should see to it
that laws are properly framed and implemented. The social workers can,
thus, play an important role in the delivery of justice.