SOCIAL SECURITY ISSUES CHALLENGES AND PERSPECTIVE

Introduction

“No lasting peace without social justice no social justice

without social security”

leo killbram

Social justice leads to social security. In a way both are the

two sides of the same coin because where there is social justice
there is social security.

Life is full of uncertainty and every one contribute

something to the society. If because of certain circumstances he
is incapacitated to serve the society and earn livelihood than it
became the duty of the society to look after him and sometime his
family also. This is the literal meaning of the words social
security. The concept of social security has been mentioned in
the early Vedic hymn which wishes everyone to be happy free
from ill health enjoy a bright future and suffer no sorrow.

The phrases social security is therefore, a new name for an

old aspiration. Today it is based on the ideals of human dignity
and Social justice.

Social security as defined by International Labour

Organization. “The security that society furnish through
appropriate organization, against certain risks to which its
members are exposed. These risk are-

(essentially contingencies against which the individual, who

has small means, cannot protect himself. The contingencies
include-unemployment.

- injury

- sickness

- Invalidism

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 - disablement

- industrial disease

- maternity

- old age

- death

- widowhood

- orphan hood

From the economic point of view, social security measures

help a man to face the contingencies referred to above. When
such contingencies arise, it is difficult for him either and work or
to get work and support himself and his family.

Purpose of Social Security

Purpose of social security is to provide protection and

relief to the workers against some contingency which exposes
them to risk of social and economic insecurity.

Social Security for employees is a concept which over time

has gained importance in the industrialized countries. Broadly, it
can be defined as measures providing protection to working class
against contingencies like-retirement, resignation, retrenchment,
maternity old age, unemployment, death disablement and other
similar conditions.

With reference to India Constitution lives responsibility on

the state to provide social security to citizen of the country. The
state here discharges duty as an agent of the society in order to
help those who are in adverse situations or otherwise needs
protection owing to above mentioned contingencies. Art 41,42,
43, of the constitution do talk about the same also, the concurrent
list in (Seventh Schedule), of the constitution of India mention
like.

1. Social Security and insurance employment and employment.

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1. Welfare of labour including condition of work, provident
funds, employers liability workmen’s compensation,
invalidity and old age pension and maternity benefits.
Drawing from the Constitutions of India and ILO convention
on social security, some of the legislation that have been
enacted for social security are Employee’s State
Insurance Act, 1948, Workmen Compensation Act, 1928,
Employment Provide Fund and Miscellanies Provisions Act,
1953, Maternity Benefit Act, 1961, Payment of Gratuity Act,
1972, etc. A social security division has also been set under
the Ministry of Labour and Employment which mainly
focuses on framing policies for social security for the
workers of organized sector.

A part from above mentioned enactments, since that last

decade the govt, has initialized efforts to extend the benefits to
the unorganized sector too.

Legislative enactment like the NREGA (National Rural

Employment Guarantee) Act, 2005 Un Organized Sector Worker’s
Social Security Act, 2008 and Demotic Workers (Registration,
Social Security) Act, 2008., are examples of the same.

The National Rural Employment Guarantee Act, 2005 aims

at curbing unemployment or unproductive employment in rural
areas. It focuses on enhancing livelihood security to rural people
as it guarantees productive wage employment for at least 100
days in a year.

- Also there is Unorganised Workers Social Security 2008,

which targets at extending social security measures to
unorganized sector workers. The law there by aims at
extending to workers in informal sector status and benefits
similar to that of formal sector workers.
- On the same lines, Domestic Workers Act, 2008 has also
been enacted, the legislation aims at regulating aims at

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 regulating payment and working condition of domestic
workers and entitles every registered domestic worker to
receive pension, maturity benefit and paid leave that as
paid weekly off.

Thus legislations for organized and unorganized sector

worker need to be bestowed attention because this will help
improve their productivity and industrial relationship and thus
ensure development of the country.

The concept of social security is multidimensional, in its

form, and it has social, psychological, legal, ethical and political
overtones, besides economic and social security is being
increasingly recognized as a dynamic concept which has widely
influenced the social and economic policies of all the developed
and developing countries. The concept of social security in a
modern welfare state is much to broad enough providing
comprehensive social security from “ womb to tomb”.

The rapid growth of industrial life all over the world has
brought about disintegration of the old social structure and
demanded a new social based of work life.

In India, the Employees State Insurance Act, 1948, Passed

within a year of independence, is recognized as a foundation for a
comprehensive and potentially nation wide social insurance
programme.

The Employees State Insurance Act is the first attempt of its

Kind in South East Asia.

The question whether or not the scope of the Act should be

extended has been actively considered at various levels which
are given as follows.

1. The extension of ESI scheme to the new sectors of

employment.
1. The extension of ESI scheme to agricultural workers.

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2. The extension of the ESI scheme to building construction
workers.

Besides this there is a long list of social security legislation

and schemes i.e. Workmen Compensation Act, 1923, Dock Worker
Act, 1948, Plantation Labour Act, 1951, Beedi and Cigar Worker
Act 1966, Payment of Wages Act 1936, the Mine Act 1952, But
the scope of these Acts is very limited.

Now the National Rural Employment Guarantee Act, 2005

guarantees 100 days of wage employment in a year to every rural
household adult member or willing to do unskilled manual work.
This scheme is considered one of the important components of
social security for unskilled workers. However, the Guarantee Act
had a limited scope. Employment must not been seen as mere
manual labour. The Act include works other than only digging and
carrying mud and stones.

The very approach of the govt. is flawed what the rural poor
need is not merely guarantee of 100 days of work in a year but
uninterrupted employment throughout the year, the Act, will in all
livelihood remain on paper without scope for implementation. Its
success will largely depend on its implementation.

In the light of above cited facts the focus point of the

present study is to examine whether all these laws provide the
required social security to those who need it.

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 Scope of Social Security

Medical
Sickness Unemploy Care
Maternity ment
Old age Death
benefits
and
Occupational
Invalidity
Risks
Benefits
(Traumatic
Injury or
There is Daring need to Analyze the Following Questions.
Diseases)
(a) What are the legal provision related to social security of
worker (labour-unorganised or organized).
(b) Whether the provisions contained in these legislation, has
been successfully served their purpose.
(c) Preamble, Art, 14 and Directive Principle of state policy of
the constitution clearly express the letter and sprit of equal
justice and social security to all the citizen (inspective of
status, caste, colour and creed) was upper most in the mind
of the founding fathers, who had framed the constitution, for
all of us, which is a very precious document indeed. This
principle working in its real sense?
(d) What is the reason behind it that there schemes are not
uniform.
(e) Whether there are any lacunae in the existing laws?
(f) What improvement can be made to remove there lacunae in
the existing law.
(g) To study the Acts which may extent the scope of social
security especially under various welfare schemes and to
suggest means so that they can be more affective.

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(h) To determine the position of employer and employee by
analyzing the previous judicial decision of various courts.
(i) To analyse the role of agency/state to provide social
security in respect of their area.
(j) To find out the loopholes/shortcoming/obstacles coming of
these existing provisions of laws regarding social security.

Unorganized sector is a vast and significant segment of

Indian economy in terms of its economic worth through their
economic contribution and the growing number of the
workers the sector engaged. The unorganized sector in our
country employs more than 37 crore workers and is fast
expending as a result of liberalization policies. A vast
majority of them about 23.7 crore work in manufacturing,
about. 3.7 crore each in service and trade and around 1.7
crore work in construction. The unorganized sector workers
are literally everywhere in field, in homes, on streets, in
small workshops, in forest-everywhere. Over 90% of labour
force work in this sector. 1

Keeping in view the socio legal nature of the problem the

following points should be considered

1. First, there is a strong case for viewing social security

systems as an integral part of the overall economic social
and political management of a country, rather than giving
them secondary importance.
2. The second them concerns the need for considering social
security arrangement as a system rather than focusing on
individual components. In our view the most important
aspects of a systemic approach to social security
arrangement are worth considering. The need for on overall
National Social Security Council for Strategic Policy
Direction.

1
Gupta, Meenakshi; "Labour Welfare and Social Security in
Unorganized sector", 2007, p.1.

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3. The third theme highlights that effective social security
reform requires complementary reforms in areas such as
lobour markets, fiscal policies, civil service, financial and
capital markets and family policies. Thus any increase in
social pensions financed from the budget will require
reallocation of expenditure priorities.
4. The fourth theme concerns the need for more empirical
evidence-based social security policies, particularly in
pensions and healthcare policies, which require
sophisticated price discovery mechanism; and the need to
encourage indigenous analytical capacities and
professionals each of the above fair theme is of relevance
for constructing more robust, sustainable, professionally
managed and regulated social security systems in India.

The National Commission on labour, 2000 Ministry of

labour, Govt. of India, accept the need to consider social security
as a fundamental right and recommend the high-powered national
social security authority will be mainly to formulate the national
policy on social security and to co-ordinate the central and state
level programme.

"No one beg for charity

Now every one need social security

As a human right"

Bibliography

A. Books
B. Articles
C. Websites
D. Reports and Journals
E. Newspaper
F. Statues

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 BIBLIOGRAPHY

Books

1. Barua Nayan,” Social Security and Lablur Welfare in India”,

1995 New Ashish Publishing House Delhi.
2. Bhatia S.K., “Strategic Industrial Relation and Labour Law”
Deep and Deep Publication, 2006.
3. Bhatia K.L., “Administration of Workmen’s Compensation
Law”.
4. Chaturvedi S.M, “Labour and Industrial Law”, Central Law
Agency Allahabad-2 1999.
5. Dr. Deepak Bhatnagar, “Labour Welfare and Social Security
Legislation in India”, Deep and Deep Publication 1984.
6. Dr., B.S. Sinha, “Law and Social Change” Deep and Deep
Publication 1983.
7. Dr. D.R. Sachdeva, “Social Welfare Administration in India”,
1999, Kitabmahal –Delhi.
8. Friedlander Walter A., “Introduction to Social Welfare” 5 th
Edition 1982.
9. Gangrade. K.D., “Social Legislation in India”, Vol. II Concept
Publishing Company Delhi.
10. Goswami V.G., “Labour and industrial Law” Central Law
Agency, 1996.
11. Gupta Meenakshi,” Labour Welfare and Social Security in
Unorganized Sector. Deep and Deep Publication 2007.
12. Jain N.K. “Labour Law”
13. Jain M.P.”Indian Constitutional Law” 4 t h Edition, 1994.
14. Kothari G.M. “ A Study of Industrial Law, 5 t h Edition 1973.
15. Krishnamurthy, “Impact of Social Legislation on the Criminal
Law in India”.
16. Misra. S.N.“Labour and Industrial Laws” Central Law
Publication, 8 t h Edition 2000.
17. Malik P.L. “Labour and Industrial Law” 6 t h Edition.
18. Modi H.C.”Labour and Industrial Legislation, 1977.

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19. Ogus and Barendt, “The Law of Social Security”
Butterworth’s.
20. Pandey J.N.” Constitutional Law of India. 38 t h Edition 2003.
Central Law Agency Allahabad.
21. Pechman Joseph A, “Social Security: Perspective for
Reforms” The Brooking Institution Washington. D.C.
22. Puri S.K. “Labour and Industrial Law” Allahabad Law
Agency, Eight Edition. 1996.
23. Punnekar S.D.”Labour Welfare Trade Unionism and
Industrial Relation” Himalaya Publishing House.
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Law Agency. 7 t h Edition, 1998.
25. Sexena R.C. “Labour Problem and Social Welfare” K. Nath
and Co. Meerut, Sixteenth Edition 1996.
26. Sabharwal.R.K. “Job Security of Industrial Workers”.
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Institute 1999.
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Book Company.
29. Varkey. N.K. “Labour Legislation in India”.
30. Wood Victor and Michel Pilch” Pension Scheme Practice”.
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conditions in India”. Deep and Deep Publication.

Articles

1. Shivastava, Suresh C. “impact of the Supreme Court

Decision in Conract Labour (Steel Authority of India Ltd. V
National Union Water Front”, Journal of Indian Law Institute
Vol. 43:4 (2001).
2. Thomas E.C., “Job Guarantee for the Rural Poor”
Employment Newspaper, Oct. 15-21 (2005).
3. Rao, V. Mohan, “Quality Health Care for Rural Poor”
Employment Newspaper, June 11-17(2005).

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4. Dhawan Himanshi, “ India to Push US on Social Security
Pact” The Times of India Jan. 18 (2010).
5. Bali Azad Singh and Mukul G Asher, “Social Security
Reforms a Must for achieving Inclusive Growth” google. com
Oct. 27, 2009.

Reports

1. The National Commission on Labour 2000.

2. International Social Security Association 2010-2011.

Journals

All India Reports

Civil and Military Law Journal

Labour Law Journals.

Journal of Indian Law Institute

Websites

http:// pd. cpim. Org/

http:// www. labour.nic.in

http:// www. ilo.org/

www.google .com

http. www, Wikipedia.org

http. www.ssa. gov/. indiahtml

http. www planning commission .nic.in

www. pay cheek.in

Newspaper

 Employment Newspaper, April 30-May 6, 2005.

 Employment Newspaper, June 11-17, 2005.
 Employment Newspaper, Oct, 15-21, 2005.
 The Hindustan Times Feb. 23, 2004.
 The Hindu, January 18, 2004.

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 The Hindu, February, 23, 2004.
 The Hindustan Times, March 18, 2005.
 The Hindu, Aug. 21,2005.
 The Hindu, Sep. 18,2005.
 The Hindu, Oct. 6, 2005.
 The Hindu Oct,. 31, 2005.
 The Hindu, Jan. 26, 2006.
 The Times of India. 18, 2010.

Statute

 The workmen’s Compensation Act, 1923.

 The Employees State Insurance Act, 1948.
 The Payment of Wages Act, 1936.
 The Industrial Dispute Act, 1947.
 The Minimum Wages Act, 1948.
 The Factories Act, 1948.
 The Maternity Benefit Act, 1948.
 The Dock Workers (Regulation) of Employment Act, 1948.
 The Plantation Labour Act, 1951.
 The Mines Act, 1952.
 The Contract Labour Act, 1970.
 The Beedi and Cigar Workers 1966.
 The Inter State Migrant Workmen Act, 1979.
 The Employee Provident Fund Act, 1972.
 The Payment and Gratuity Act, 1972.
 The National Rural Employment Guarantee Act, 2005.
 The Senior Citizen Act, 2007.
 The UN Organized Workers Social Security Act, 2008.
 The Domestic Workers Social Security Act, 2008.

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