Indian Constitution and Social Legislation - Fundamental Rights

Submitted to: Mr. Philip Mathew, School of Social Work, Marian College, Kuttikkanam. Submitted by: Bimal Antony, II MSW, No. 111, School of Social Work, Marian College, Kuttikkanam. Date of Submission: 25th October 2011.

Introduction
A constitution can be said as a written document that contains a set of rules for governance. It defines the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. By limiting the governments own reach, most constitutions guarantee certain rights to the people. The Constitution of India is the world's lengthiest written constitution with 395 articles and 8 schedules. It contains the good points taken from the constitutions of many countries in the world. It was passed on 26 Nov 1949 by the 'The Constituent Assembly' and is fully applicable since 26 Jan 1950. The Constitution distributes legislative powers between Parliament and State legislatures as per the lists of entries in the Seventh Schedule to the Constitution. The residuary powers vest in the Parliament. The centrally administered territories are called Union Territories. Social Legislation consists of laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. Dr. R.N. Saxena defines social legislation as any act passed by the legislature or a decree issued by the government for the removal of certain social evils or for the improvement of social conditions or with the aim of bringing about social reform'. According to the definition given by Fairchild in the Dictionary of Sociology, 'social legislation means laws designed to improve and protect the economic and social position of those groups in society which because of age, sex, race, physical or mental defect or lack of economic power cannot achieve health and decent living standards for themselves'. Fundamental Rights are those rights and freedoms of the people of India, which enjoy constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce Fundamental Rights. Supreme Court is the guardian protector of fundamental rights1. The model has been taken from the Constitutions of The United States. The Fundamental Rights according to Indian Constitution are: 1. 2. 3. 4. 5. 6. Right to Equality Right to Freedom Right against Exploitation Right to Freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies

Kishore (2010): Fundamental Rights of India, http://kish.in/fundamental_rights_of_india/ accessed on 23.10.2011.

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Right to Equality
15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. 16. (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. 17. Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law. 18. (1) No title, not being a military or academic distinction, shall be conferred by the State.

Right to Freedom
19. (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; [and] (g) to practise any profession, or to carry on any occupation, trade or business.

Right against Exploitation

23. (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. 24. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Right to Freedom of Religion

25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

Cultural and Educational Rights

29. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. 30. (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Right to Constitutional Remedies

32. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

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Indian Constitution and Social Legislation

Social justice is the human essence of the Indian Constitution. The trinity of Indian Constitution, the Preamble, the Fundamental Rights and the Directive Principles of State Policy, embody the fundamental principles, which provide guide to all legislations. This constitutional trinity assures its citizens to provide "Socialistic Pattern of Society" and create "Welfare State" and all legislations, are deeply influenced by them. The principles enshrined in the Preamble of our Constitution provide the bedrock for framing all social legislation and their progressive and creative interpretation in favour of the people. It is a known fact that as social order undergoes changes, new problems and demands arise which cannot be allowed to go out of hand. Problems such as juvenile delinquency, new forms of crime, socioeconomic injustices, socio-economic inequalities, problems of social security have to be tackled through welfare legislations. It is important to have social legislation to meet the existing social needs and problems. A major change has happened since the enactment of Acts which are socially relevant and can be said as social legislations that protects and supports the Fundamental Rights as mentioned in the Indian Constitution. Some of the Acts are: The Child Marriage Restraint (Amendment) Act, 1976; The Maternity Benefits Act, 1961; The Equal Remuneration Act, 1976; The Dowry Prohibition Act, 1961; Public Provident Funds Act 1968 (No.23 of 1968).; The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Employees State Insurance (Central) (Amendment) Rules, 2001.; Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (No.56 of 2007); etc.

Conclusion
Social Legislations acts as the tools that safe guard the Fundamental Rights of the people as mentioned by the Constitution. The Acts created a wider and deeper impact in the society and helped in changing the society with the developments of modern times. This also helped in the maintenance of Human Rights and standards of governance that equated with other democratic nations around the world. 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. In fact, social worker can carve out a meaningful and constructive role for themselves in the area of social legislation. Social legislation can be used by professional social workers as a tool for social advocacy, empowerment to ensure basic human rights, dignity, and conducive environment. In other words, the overall thrust of social work will be on developmental, remedial and rehabilitative dimension with non elitist approach. Thus social legislation works as tool for social reform, social welfare, development and change.

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References:
1. THE CONSTITUTION OF INDIA (As modified up to the 1st December, 2007), GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE. 2. SOCIAL LEGISLATION AND ROLE OF SOCIAL WORKER IN LEGAL ASSISTANCE, IGNOU, New Delhi. 3. Dr. Sunitha Zalpuri (2005): Training Package on Administrative Law, UNDP. 4. CONSTITUTION AND SOCIAL TRANSFORMATION, IGNOU, New Delhi. 5. Dr Niranjanaradhya, Aruna Kashyap (2007): The Fundamentals of the Fundamental Right to Education in India, Books for Change, Bangalore. 6. INDIAN CONSTITUTION AND LABOUR LEGISLATIONS, IGNOU, New Delhi. 7. WOMEN'S EMPOWERMENT AND SOCIAL LEGISLATION, IGNOU, New Delhi. 8. FUNDAMENTAL RIGHTS, http://www.iloveindia.com/constitution-ofindia/fundamental-rights.html, accessed on 23.10.2011. 9. Social Legislation, http://www.answers.com/topic/social-legislation, accessed on 23.10.2011. 10. What is Social Legislation?, http://www.uberdigests.info/2011/08/what-is-sociallegislation/, accessed on 23.10.2011. 11. About India: The Indian Constitution, http://india.suramya.com/india_constitution.php, accessed on 23.10.2011. 12. Constitution of India, http://india.gov.in/govt/constitutions_india.php, accessed on 23.10.2011. 13. Legislations, http://socialjustice.nic.in/legislations.php, accessed on 23.10.2011. 14. http://kish.in/fundamental_rights_of_india/ 15. http://en.wikipedia.org/wiki/Fundamental_Rights_in_India

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