Social Welfare

Definition: Social Welfare can be defined as the group of assistance programs designed to
ensure the well being of a nation’s citizens. In other words, it is a system that aims to provide
quality care to society participants.

According to Encyclopedia Britanica---Social welfare, is a type of government support

intended to ensure that members of a society can meet basic human needs such as food and
shelter.

According to Merrium Webstar Dictionary ---It is organized public or private social services
for the assistance of disadvantaged groups.

According to Cambridge Dictionary----I means services provided by the government or private

organizations to help poor, ill, or old people.

According to Webster's New World Dictionary defines the term---- "social welfare" as "any
service or activity designed to promote the welfare of the community and the individual, as
through counseling services, health clinics, recreation halls and playgrounds ..
Additionally, the court in [ " In C.I.R. v. Lake Forest, Inc., 305 F. 2d 814 (4 Cir. 1962)]
stated that "In short, 'social welfare' is the well-being of persons as a community."

According to Dictionary of the Social Sciences----The well-being of society or the community

at large.
In economic terms- social welfare is an aggregation of the welfare or utility of the individual
members of the society.

The goal of social welfare is to fulfill the social, financial, health and recreational needs of all
individuals in a society. Social welfare seeks to enhance the social functioning of all age groups,
both rich and poor.

Richard Titmus argued that social welfare is much more than aid to the poor, and in fact,
represents a broader system of support to the middle and upper class.

It is the business of social welfare to:

• Find homes for parentless children.
• Rehabilitate people who are addicted to alcohol.
• Make life more meaningful to older adults
• Provide vocational rehabilitation for persons with physical and mental disability
• Meet financial needs of the poor
• Rehabilitate juveniles and adults who have committed criminal offense
• End all types of discrimination and oppression
• Counteract violence in family including child abuse
• Provide services to people with HIV/AIDS and to their families and friends

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• Counsel individuals and groups experiencing a variety of personal and social difficulties
• Serve families struck by physical disasters such as fire, hurricanes
• Provide housing for the homeless.

Noted that---
The state in which social institutions plays a key role in the protection and promotion of the
economic and social well-being of citizens and 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--is known as social welfare state.

Social Welfare Provisions in the Bangladesh Constitution

Under the Bangladesh Constitution the scheme for the social welfare is reflected in different
provisions of the constitution. Hereby as follows-

Preamble -
''it shall be a fundamental aim of the State to realise through the democratic
process a socialist society, free from exploitation a society in which the rule of law, fundamental
human rights and freedom, equality and justice, political, economic and social, will be secured
for all citizens;''

The Preamble of the Constitution of Bangladesh declares Bangladesh as a “socialist” country,

and this term itself gives a substantial proof of the existence of social welfare responsibilities
of the government.
The Supreme Court of India in the case of [D S Nakara v. Union of India,AIR 1983 SC 130]
made the following observation with regard to socialism----
“The principal aim of a socialist State is to eliminate inequality in income and
status, and standard of life.
Again in
Supreme Court in the case of [Consumer Education and Research Centre v. Union of
India,AIR 1995 SC 922.] -“Social justice, equality and dignity of person are corner stones of
social democracy.

Socialism and freedom from exploitation-

10. A socialist economic system shall be established with a view to ensuring the attainment of a
just and egalitarian society, free from the exploitation of man by man.]

Democracy and human rights-

11. The Republic shall be a democracy in which fundamental human rights and freedoms and
respect for the dignity and worth of the human person shall be guaranteed and in which effective
participation by the people through their elected representatives in administration at all levels

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shall be ensured].

Emancipation of peasants and workers-

14. It shall be a fundamental responsibility of the State to emancipate the toiling masses the
peasants and workers and backward sections of the people from all forms of exploitation.

Provision of basic necessities-

15. It shall be a fundamental responsibility of the State to attain, through planned economic
growth, a constant increase of productive forces and a steady improvement in the material and
cultural standard of living of the people, with a view to securing to its citizens –

(a) the provision of the basic necessities of life, including food, clothing, shelter, education and
medical care;

(b) the right to work, that is the right to guaranteed employment at a reasonable wage having
regard to the quantity and quality of work;

(c) the right to reasonable rest, recreation and leisure; and

(d) the right to social security, that is to say, to public assistance in cases of undeserved want
arising from unemployment, illness or disablement, or suffered by widows or orphans or in old
age, or in other such cases.

Rural development and agricultural revolution-

16. The State shall adopt effective measures to bring about a radical transformation in the rural
areas through the promotion of an agricultural revolution, the provision of rural electrification,
the development of cottage and other industries, and the improvement of education,
communications and public health, in those areas, so as progressively to remove the disparity in
the standards of living between the urban and the rural areas.

Free and compulsory education-

17. The State shall adopt effective measures for the purpose of –
(a) establishing a uniform, mass oriented and universal system of education and extending free
and compulsory education to all children to such stage as may be determined by law;

(b) relating education to the needs of society and producing properly trained and motivated
citizens to serve those needs;

(c) removing illiteracy within such time as may be determined by law.

Public health and morality-

18. (1) The State shall regard the raising of the level of nutrition and the improvement of public
health as among its primary duties, and in particular shall adopt effective measures to prevent the
consumption, except for medical purposes or for such other purposes as may be prescribed by
law, of alcoholic and other intoxicating drinks and of drugs which are injurious to health.

(2) The State shall adopt effective measures to prevent prostitution and gambling.

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Protection and improvement of environment and biodiversity-
[18A. The State shall endeavour to protect and improve the environment and to preserve and
safeguard the natural resources, bio-diversity, wetlands, forests and wild life for the present and
future citizens.]
Equality of opportunity-
19. (1) The State shall endeavour to ensure equality of opportunity to all citizens.

(2) The State shall adopt effective measures to remove social and economic inequality between
man and man and to ensure the equitable distribution of wealth among citizens, and of
opportunities in order to attain a uniform level of economic development throughout the
Republic.

[(3)The State Shall endeavour to ensure equality of opportunity and participation of women in all
spheres of national life.]

Work as a right and duty-

20. (1) Work is a right, a duty and a matter of honour for every citizen who is capable of
working, and everyone shall be paid for his work on the basis of the principle “from each
according to his abilities, to each according to his work”.

(2) The State shall endeavour to create conditions in which, as a general principle, persons shall
not be able to enjoy unearned incomes, and in which human labour in every form, intellectual
and physical, shall become a fuller expression of creative endeavour and of the human
personality.

Separation of Judiciary from the executive-

22. The State shall ensure the separation of the judiciary from the executive organs of the State.

The culture of tribes, minor races, ethnic sects and communities-

[23A. The State shall take steps to protect and develop the unique local culture and tradition of
the tribes, minor races, ethnic sects and communities.]

Equality before law-

27. All citizens are equal before law and are entitled to equal protection of law.

Discrimination on grounds of religion, etc-

28. (1) The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex or place of birth.

(2) Women shall have equal rights with men in all spheres of the State and of public life.

(3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to
any disability, liability, restriction or condition with regard to access to any place of public
entertainment or resort, or admission to any educational institution.

(4) Nothing in this article shall prevent the State from making special provision in favour of
women or children or for the advancement of any backward section of citizens.

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Equality of opportunity in public employment-
29. (1) There shall be equality of opportunity for all citizens in respect of employment or office
in the service of the Republic.

(2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible
for, or discriminated against in respect of, any employment or office in the service of the
Republic.

Right to protection of law-

31. To enjoy the protection of the law, and to be treated in accordance with law, and only in
accordance with law, is the inalienable right of every citizen, wherever he may be, and of every
other person for the time being within Bangladesh, and in particular no action detrimental to
the life, liberty, body, reputation or property of any person shall be taken except in accordance
with law.
Protection of right to life and personal liberty-
32. No person shall be deprived of life or personal liberty save in accordance with law.

Safeguards as to arrest and detention-

[33. (1) No person who is arrested shall be detained in custody without being informed, as soon
as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice.
Prohibition of forced labour-
34. (1) All forms of forced labour are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law.
Protection in respect of trial and punishment-
35. (1) No person shall be convicted of any offence except for violation of a law in force at the
time of the commission of the act charged as an offence, nor be subjected to a penalty greater
than, or different from, that which might have been inflicted under the law in force at the time
of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a speedy and public trial by
an independent and impartial Court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which
prescribes any punishment or procedure for trial.