Professional Documents
Culture Documents
Preamble
"......to secure to all its citizens:
JUSTICE, social, economic and political;
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EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation...."
are the first, third and fourth goals, respectively, mentioned in the Preamble.
III. Fundamental Rights
23. Prohibition of traffic in human beings and forced labour -
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.
2. Nothing in this article shall prevent the State from imposing compulsory service
for public purposes, and in imposing such service the State shall not make any
discrimination on grounds only of religion, race, caste or class or any of them.
24. Prohibition of employment of children in factories, etc. -
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.
IV. Directive Principles of State Policy
37. Application of the principles contained in this Part -
The provisions contained in this Part shall not be enforceable by any court, but the
principles therein laid down are nevertheless fundamental in the governance of the
country and it shall be the duty of the State to apply these principles in making laws.
38. State to secure a social order for the promotion of welfare of the people
1. 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.
2. The State shall, in particular, strive to minimize the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different areas
or engaged in different vocations.
39. Certain principles of policy to be followed by the State -
The State shall, in particular, direct its policy towards securing -
a. that the citizens, men and women equally, have the right to an adequate means of
livelihood;
b. that the ownership and control of the material resources of the community are so
distributed as best to subserve the common good;
c. that the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment;
d. that there is equal pay for equal work for both men and women;
e. 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 to their age or strength;
f. that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material abandonment.
39A. Equal justice and free legal aid -
The State shall secure that the operation of the legal system promotes justice, on a basis
of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation
or schemes or in any other way, to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities.
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections -
The State shall promote with special care the educational and economic interests of the
weaker sections of the people, and, in particular, of the Scheduled Castes and the
Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.
a. that the citizen, men and women equally, have the right to an adequate
means of livelihood;
b. that the ownership and control of the material resources of the community
are so distributed as best to sub serve the common good;
c. that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
d. that there is equal pay for equal work for both men and women;
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e. 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 to their age or strength;
2. The Punjab Shops and Commercial Establishment Act, 1958, regulates the
conditions of work and terms of employment of workers engaged in shops,
commercial establishments, theatres, restaurants, etc.
3. The Punjab Maternity Benefit Act, 1943, provides for the grant of cash benefits
to women workers for specified periods before and after confinements.
5. The payment of wages Act, 1936, regulates the k\timely payment of wages
without any unauthorized deductions by the employers.
6. The Minimum Wages Act, 1948, ensures the fixation and revision of minimum
rates of wages in respect of certain scheduled industries involving hard labour.
7. The Industrial Disputes Act, 1947, provides for the investigation, and settlement
of industrial disputes by mediation, conciliation, adjudication and arbitration.
There is scope for payment of compensation in cases of lay-off and retrenchment.
10. The Indian Trade Unions Act, 1926, recognizes the right of workers to organise
into trade unions, when registered, have certain rights and obligations and
function as autonomous bodies.
11. The Employees’ State Insurance Act, 1948, provides for sickness benefit,
maternity benefit, disablement benefit and medical benefit.
12. The Employees’ Provident Fund Act, 1952, seeks to make a provision for the
future of industrial worker after he retires or in case he is retrenched, or for his
dependents in case of his early death.
The Punjab Industrial Housing Act, 1956, provides for the administration allotment,
realization of rent, etc., in connection with quarters constructed under the Subsidized
Industrial housing Scheme6.
SOCIAL CONFLICTS
Peter Worsley in ‘ The Third World’ writes “ In those countries which fail to achieve the
take-off and relapse into the hungry frustrations of stagnation or regression,all kinds of
conflict from anarchic protest to regional schism or even communist revolution could
flourish. A revolutionary leadership could easily replace those nationalist parties which
have lost their social reforming zeal”. The state can be impervious to the ascensive zeal
for social reform only at its own peril. Social inequality and social injustice as starting
points of a vicious circle wherein they are perpetuated cannot be the situation a welfare
state seeks to protect from the dynamics of positive change which as a natural force of
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unending frustration expresses by peaceful means in principo and by violence as
dernier ressort if the state errs by protecting the vested interests of inequality and
injustice and fails to discharge its responsibilities towards positive social change.
SOCIAL LAWS
Law is an instrument of both the continuity of social behaviour and of social change.
Manu had said, “ Immemorial custom is transcendent law” Social consuetudes
metamorphose into social laws in rerum natura and perpetuate social customs. Professor
B.Kuppuswamy in his book “ Social Change in India” writes about two functions of the
law according to this view is social control and the major problem of law is to design the
legal sanctions to minimise deviances and to maintain social stability. According to the
other view, law could be more dynamic. It has not only the function of social control but
it has also to bring about social change by influencing behavior, beliefs and values”. The
social laws of India are devised to bear the kiaugh of the dynamic function of bringing
about social change by influencing behavious, beliefs and value in addition to social
control. In Indian society where social inequalities more suo, form the bedrock of living
for historical reasons and embedded in the Indian psyche as consuetudes and basic social
rules more majorum, the awakening and metabasis to new values of social equality and
social justice from the deep slumber of a millennium are not easy to come by. Though
isolated calls for certain changes are heard mostly from the self-made spokesmen of the
oppressed classes because of the influences of liberal western thoughts, the albatross of
orchestrating these thoughts to the mosaic of the laws of the land falls on the government.
Social laws function as catalysts of social change in the Indian situation.