Social Policy

• Social policies are public services that govern

the well – being of citizens and they resolve
around five social maladies of poverty, poor
health, inadequate housing , lack of education
and unemployment.
• By implementing social policies governments
strive to improve the quality of life of citizens
and correct societal maladies.
• Policy is a course of action
• Social policy is both instrinsic & instrumental
value
• Intrinsic in terms of creating equality of
opportunity
• Instrumental in strengthening the legitimacy of
public institutions and social integration
• SP is a social intervention to bring social change
for development
 Important areas of social policies
• Well – Being & Welfare
• Social Security
• Justice
• Unemployment
• Insurance
• Living Conditions
• Animal Rights
• Pensions
• Health Care
• Family Policy
• Social Care
• Child Protection
• Education Policy
• Criminal Justice
• Urban Development
• Labour Issues
 Types Of Social Policy
• General Economic & Social Policies
• Policies Relating To Agricultural And Rural
Development
• Policies Relating To Markets & Property Rights
• Policies Aimed At Establishing Democratic &
Participatory Processes
• Policies Focussed Specifically On Natural
Resource Use & Environmental Protection
 Sources of SP
• Official Publications
• Government Documents
• Inter Governmental Organizations
• Newspapers
 Instruments
• Generating employment – reduce poverty
• Addressing urgent social needs
• Increase budget allocations
• Eliminate barriers
• Address differing needs of women & men
• Target remote areas
• Include minorities
• Promote behavioural change
• Education
• Health
• Social protection
POLICIES REGARDING
BACKWARD CLASSES
 POLICY AND ACT
An ACT is adopted and effective legislation. It
can be amended with gazette notifications
only.

A POLICY is a viewpoint, an interpretation or a

plan, which may or may not involve specific
legislation.
 BACKWARD CLASS
• Backward class means “an ascertainable and
identifiable group of persons based on caste,
religion, race, language, occupation with
definite characteristics of backwardness in
various aspects of human such as lack of
education, poverty, exploitation of labour, non-
representation in services and untouchability”.
 Scheduled caste , ST & Denotified
communities
• The Schedule Caste people are the one who were
previously untouchables. According the Hindu mythology,
this is the fifth category in the Varna System. They are
called Ati Shudras (Untouchables) and were condemned
for all dirty and polluting jobs. They named themselves
as Dalits or Harijans (son of God)
• On the other hand, Schedule Tribes are community of
people who lived in tribal areas (mainly forest). They make
up to 7-8% of Indian population. They have traditionally
been marginalized and not in the mainstream of the society.
They are also known as Adivasis.
• SC are untouchables. ST are not untouchables.
SC don't live in forest. ST live in forest/tribal areas.
SC are Hindus (Buddhist + Sikhs) only. ST maybe
Hindus or converted.
• 'Criminal Tribes' are now administratively known as
the Denotified Communities.
 Policies / provisions related to BC
• Pre-matric scholarship for OBC students
• Post- matric scholarship for OBC students
• Construction of hostels for boy & girls
• Dr. Ambedkar Scheme of interest subsidy on educational
loan for overseas studies for OBC
• National fellowship for OBC students
• Assistance to voluntary org working for the welfare of
OBC
• Dr. Ambedkar Post- matric scholarship for BC
students
 POLICIES RELATED TO BC
To protect the under privileged, government enacted various
legislations

• Untouchability (offences) Act, 1955.

• The Protection of Civil Rights Act, 1955.
• The Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989.
• The Employment of Manual Scavengers and Construction
of Dry latrines ( Prohibition Act, 1993)
• The National Commission for Backward Classes Act, 1993.
• The National Commission for Safai Karamcharis Act, 1993.
UNTOUCHABILITY OFFENCES ACT
• It is something believed in and practiced by masses as an article
of faith.
• It is a central act.
• It extends to whole of India.
• Access to any shop, public restaurant to use utensils, enter
temples, practice of any profession, enjoyment of any benefit
under charitable trust created for the benefit of general, public
conveyance, residing area, use of jewellery , admission into
hospitals, etc.
• Untouchability in any form is forbidden. Under this act, this is
punishable.
• Imprisonment up to 6 months or with fine of Rs.500 or both,
 PROTECTION OF CIVIL RIGHTS
ACT, 1955.
• It is central act.
• Any right by accruing to a person by reason of
untouchability under article 17 of the
constitution.
• They are right to live a life of freedom.
• To live on equal footing without
discrimination.
 SALIENT FEATURES
• It is to remove the loop hole of the Untouchability (offences) Act, 1955 and renamed as Protection of
Civil Rights Act, 1955

• Punishment for enforcing Religious Disability

-> offering prayers, entering public worship, professing religion, using water course, punishable with
imprisonment not less than one month and not more than six months, fine not less than 100 rupees and
not more 500 rupees.

• Punishment for refusal to admit persons to hospital, etc

-> admission to hospital, educational institution, hostel, punishable with imprisonment not less than one
month and not more than six months, fine not less than 100 rupees and not more 500 rupees.

• Punishment for enforcing Social Disability

->access to school, hotel, public entertainment, trade or business, employment in any job, well, tank,
water tap, cremation ground, public resort, charitable place, public conveyance, dharmasala,
observation of any religious custom, use of jewellery and finery ,punishable with imprisonment not less
than one month and not more than six months, fine not less than 100 rup ees.
• Punishment for refusal to sell goods or render services-
license stands cancelled or suspended for a period as a case
may be.
• Punishment for interfering with Untouchability abolition
measures- preventing to exercise laws or any right, makes
injuries in exercise of such rights, spoken or written insults
• Punishment for unlawful compulsory labour- to remove an
animal or to remove an umbilical cord
• Punishment of Abetment of any Offence- abetment means
encouraging.
• Punishment for Offences by the whole community
 PROVISIONS FOR EFFECTIVE
ENFORCEMENT
• Presumption of Untouchability- defendant to prove his innocence (not only
for prosecution).
• Offences to be cognizable and triable summarily (cognizable means known
with the jurisdiction of the particular court). It can be tried summarily by the
judicial officer specified in Criminal Procedure Court (CBC).
• Penalty on Subsequent Conviction- second time offence- imprisonment not
less than 6 months and not more than 1 year and fine not less than 500
rupees. Third time offence- imprisonment not less than 1 year and not more
than 2 years and fine not less than 500 rupees and not more than 1000 rupees.
• Resumption or Suspension of Grants made by Government- if manager or
trustee receiving Government Grant has done offence resumption of whole
grant or any part of grant
• Protection of Government action taken in good faith- no suit will lie against
done in good faith of this act.
 DUTIES OF STATE GOVERNMENT
• Provision of adequate facilities- legal aid
• Appointment of officers for initiating provisions of this
act
• Setting up of special court
• Setting up of committees at appropriate levels for
formulating and implementing the act
• Periodic survey of working of the act
• Identification of areas
• Adoption of measures for removal of disabilities under
Civil Rights Act
• Laws against atrocities on SC and ST.
• These are weak socially and economically
• So special measures have been taken to help
and protect them- Scheduled Caste and
Scheduled Tribe
• Inhuman treatment- law to protect them is
called the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989
 AIM OF THIS ACT
• Prevention of Atrocities by establishing special courts
• Provide relief and rehabilitation for the victims of
atrocities
• Following are the atrocities stated by act
Making them eat or drink that is foul, throwing excreta,
striping them of their clothing, parading them naked in
public place, illegally transferring their land, forcing them
to beg, stopping them from voting, harassing, sexually
exploiting, false criminal cases on them, forcing them to
leave the village, denying traditional rights- passage to a
public place, dishonouring modesty of any women
 PUNISHMENT
• Immediately report to police
• Case will be registered
• If found guilty, he will be punished by being
sent to jail for mini mum 6 months and
maximum 5 years and fine levied against him
• Punishment for false evidence
false evidence against SC/ST person-
punishment with imprisonment for life or with
fine punishment
 SPECIAL COURT
• Set up by government
• In most districts- they are usually in the district
session court campus
• Victims who face atrocities are entitled to
monetary compensation
• Money based on extent of loss suffered- paid by
court
• The state government- steps to implement this
act effectively
• Such measures are as follows
giving legal aid to the victims, meeting
travelling and maintenance expenses of the
victim and witness, social and economic
rehabilitation, appointing officers to supervise
and conduct prosecution, setting up of
committees, conducting periodic surveys and
identifying areas where they are subject to
atrocities
The Employment of Manual Scavengers and Construction of Dry
latrines ( Prohibition Act, 1993)

• Eliminate the dehumanizing practice of

employing persons for carrying human excreta
on their heads- punishable offence
• The employment or engagement of manual
scavengers- a punishable offence
The National Commission for Backward Classes
Act, 1993.

• Government of India issued orders for the reservation

of appointments to posts under the government of
India in favour of BC of citizens. Orders were
challenged by supreme court- government was
directed to constitute a permanent body for examining
and for recommending upon request related to
inclusion and complaints of over inclusions and under
inclusion in the list of backward class citizens-
Parliament was not in session and government was
implied to comply with Supreme court within the time
frame of judgement
• President promulgated the National Commission for BC,
ordinances, 1993
• To replace the said ordinance by an act the NCBCA, 1993 was
enacted
• Constitution of the Commission
commission consists of 5 persons
Chair person- Judge of Supreme court or High court.
Social Scientist
two persons- special knowledge relating to backward
class
Member Secretary- officer of the Central government-
Secretary rank
 Functions of the Commission
• Examine request for inclusion of any class of
citizens as backward class
• Hear complaints
• Advice central government
 POWERS OF THE COMMISSION
• It has got powers of a civil court
• Summoning and enforcing
• Requiring the discovery and production of any
document
• Receiving evidence
• Requesting any public record
• Examination of witness
The National Commission for Safai Karamcharis Act, 1993.

• Social, economic, educational upliftment.

• Liberation and rehabilitation
• Government has formulated special schemes
• No agency at central level to study, evaluate and
monitor the scheme so thee national commission
was established and act was enacted
• Safai Karamcharis means person engaged in or
employed for manually carrying human excreta
or any sanitation work
 CONSTITUTION
• Consists of seven member
Chair person, Vice Chair Person, Five
members connected with socio economic
development and welfare of Safai Karamcharis
nominated by Central Government
 FUNCTIONS AND POWERS
• The Commission shall perform following
functions
Recommend to the central government
specific programmes to eliminate inequality,
study and evaluate implementation of
programmes related to socio economic
rehabilitation, recommend to central and state
Government for better coordination, investigate
specific grievances, make periodic reports
 WOMEN AND LAW
• The Dowry Abolition Act, 1961
• Medical Termination of Pregnancy Act, 1971
• Prevention of Immoral Traffic Act, 1956
• National Commission for Women Act, 1990
 The Dowry Abolition Act, 1961
• It is an integral part of social system in the
country
• They have to give even if they can’t
• Dowry is considered as serious problem after
late 50’s
• So this act was implemented under the
leadership of Pandit Jawaharlal Nehru
• It has been amended in the year 1984 and 1986
• Dowry refers to
(a) money, goods or estate that a women brings to her
husband in marriage,
(b)a gift of property by a person to or for the bride -
either directly or indirectly
does not apply to muslims
This law says giving dowry, taking dowry, to help in
giving or taking, asking is an offence.
Dowry demand during negotiations is also an offence-
supreme court.
• Gifts- not Dowry- without demand is not an
offence
• Consideration for the marriage- punishable
• Penalties under the act- fine and
imprisonment together
criminal offence, 5 years imprisonment, fine
not less than 15,000 or the amount of value of
the dowry whichever is more
• Demanding Dowry- punishable- imprisonment not
less than 6 months up to 2 years with fine extend to
10000 rupees.
• Demand should be from the parents or the guardians
of the bride or the bridegroom
• If third party demands, it is not an offence, but giving
or taking property from third party is an offence
• Prohibits advertisement- advertisement in any
periodical or media offering any share- imprisonment
for at least 6 months- fine up to 15000 rupees
• Transfer of dowry- without any pressure is
permitted- according to the law given below
List of All Gifts, Neither Demanded Nor Forced,
Customary Gifts and based on the value and status
of the Parents
It is a girl’s property. If anyone takes besides the girl
they are legally bound to return to that girl
If dowry is taken before the marriage, it should be
handed to the girl within three months from the
date of wedding
• If girl is a minor, it should be given within
three months of turning 18 years.
• Who can File a Complaint in Dowry Cases?
police officer, victim of dowry, parents or
relative of the victim, any social work
organization
If the court gets such information, it can start
the case itself
• All offences related to Dowry after amendment are
declared to be cognizable and non-bailable and non
compoundable
(cognizable means- receiving the complaint by the
jurisdiction, police can start investigation, do not require
order from magistrate to investigate but magistrate orders
to arrest)
(non bailable means cannot be released on bail)
(non compoundable means cannot escape prison and
fine)
No time limit in the matter of this nature
• Dowry Death- bodily injury, burn within 7 years
of marriage in connection with dowry.
• Punishment- guilty person can be jailed from 7
years to life (20 years)
• Amendments in IPC and criminal procedure
court
• IPC in 1860 has been amended cruelty to
married women whether mental or physical is
punishable
• Punishment for cruelty- imprisonment up to 3 years with
fine and non bail able
• Dowry Prohibition Officers- appointed by state
government
provisions of the act are enforced, prevent taking or
abetting dowry, evidence for the prosecution and to
perform additional functions assigned by state
government
Advisory board is constituted not more than 5 social
workers with two women members to enable dowry
prohibition officers to function effectively
 Medical Termination of Pregnancy Act,
1971
• Illegal abortions take a high toll of lives in our country
• Act has been enacted to terminate certain
pregnancies by registered medical practitioners
• This is a welfare measure to protect the health of
women though it is a family planning aspect
• Medical practitioner is a person who has got
recognized medical qualification as Indian Medical
Council Act, 1956 and has been entered in State
Medical Register, experience in gynaecology and
obstetrics
• Reasons for Termination
Risk to mothers life, Grave physical or mental
health of the mother, caused by rape, child will
be gravely deformed, family planning adopted
by couple failed, life of women in danger-
registered practitioner can terminate, if length
of pregnancy does not exceed 12 weeks by
one registered medical practitioner. If 12 to 20
weeks 2 registered medical practitioners
• Consent of Guardian- if not attained 18 years
of age, lunatic- in writing
• Consent of pregnant women- it is offence/
illegal if not got consent under IPC
• Place where pregnancy can be terminated-
government hospital, authorised by
government, service is free in public hospitals,
documents are kept confidential, getting
aborted by midwives, nurses is illegal
 Prevention of Immoral Traffic Act, 1956

• It is a central legislation
• It is intention of solving the problem of trafficking of
persons for immoral purpose
• Prostitution and other activities related to trafficking in
women
• Causes of Prostitution- prostitution means sexual
exploitation or abuse of persons for commercial purpose.
employment, excessively laborious and ill paid work, hard
treatment of girls at home, indecent mode of living,
contact with demoralized companions, comparison with
wealthier classes, demoralizing literature
• Administrative Action Relating to Prostitution
Appointment of Special police officers,
advisory board, special court, power to search
premises without warrant, power to issue
directions for rescue of girls, provisions
relating to custody of girls ordering closure of
brothels, power to make rules, protective
homes, removal of prostitutes from any place
• Procedure
Medical examination to determine age and
injury, accompanied by two women police
officers. If no women police officer
interrogation done in presence of lady member
recognized welfare institution or organization.
Punishments for keeping brothal- rigorous
imprisonment not less than 3 years and not
more than 7 years
• Punishment of Living on the earnings of prostitution-
child prostitute imprisonment not less than 7 years
not more than 10 years
• Punishment for allied activities- procuring, inducing
or taking a woman for sake of prostitution-
imprisonment of 3 years not more than 7 years even
can be extended to 14 years.
• Detaining a woman or girl in premise (engaging in
illegal sexual intercourse)- imprisonment not less
than 7 years extended up to 10 years or even for life.
• Seduction of Women or Girl- punishment up to 6 months
sometimes up to 1 year and fine 500 rupees.(seduction-
physical attraction)
• Prostitution in vicinity of Public Places- 3 months of
imprisonment for prostitute- 200 yards of public place,
educational, hospital, temple, hostel
• Prostitution of a child- not completed the age of 16 can be
punished with life imprisonment- 7 years mandatory
• Completed age 16 but Below 18- 7 years imprisonment
mandatory
• Major with or without consent - with 14 years , 7 years
mandatory imprisonment
• Probation of good conduct and detention in
protective home (probation- under watch)
order release on probation
 National Commission for Women Act, 1990

• Unequal status of women has suggested for national

commission of women act.
• This commission was set up by constant demand of
several women activists and voluntary action groups
• Constitution of the commission- Chair person-
committed to the cause of women, 5 members –
law, trade unionism, management of industry,
women voluntary organisation, member secretary-
expert in the field of management or sociological
movement or all India service.
• Term of Office- not exceeding 3 years
• Committees of the commission- can appoint committees for
dealing special issues
• Functions of the commission- investigate, examine present
reports, review from time to time, take up cases of violation
for the provision of the constitution, deprivation of women’s
rights, non-implementation of laws related to women
protection, providing relief and rehabilitation
• Tamilnadu Commission for Women was constituted in the year
1993- issues related to status of women- headed by Chair
person- who is retired high court judge, member secretary
and 8 other members
 CHILD AND LAW
• The Child Marriage Restraint Act, 1929
• The Child Labour (Prohibition and Regulation)
Act, 1986
• The Juvenile Justice Act, 1986 amendment
2000
• The National Commission for Children bill,
1997
 The Child Marriage Restraint Act, 1929

• The Hindu Marriage Act, 1955- 21 years for bridegroom

and 18 years for bride
• Child marriage restraint act – 18 for girls and 21 for boys
• Punishment for parents and relatives and even Pandit
who performs the marriage- three months
imprisonment or fine
• Magistrate can give order that marriage should not take
place- known as Injunction
• Marriage will be invalidated- marriage will be valid but
punishment for not obeying orders
• Reasons for Child marriage- daughters chastity, religious prescriptions,
transfer of economic liability
• Three types of measures are required- legal, administrative and education
and promotion of awareness
• Legal- marriage is regarded as valid, act only punishes the person
• Administrative- compulsory registration of marriage will have effective
check. Need for separate cadre of Enforcement officer- originally offences
were non-cognizable because if cognizable, it will lead to harassment
• Support of NGO’s
• Minimum punishment should be fixed
• Educational aspect- create awareness, make economically independent
• Victims identified by UNICEF- working, street, abused, neglected,
institutionalized, armed conflict, natural disaster children have no legal
protection. This act provides provisions for child welfare and protection
 The Child Labour (Prohibition and Regulation)
Act, 1986

• Child means who has not completed 14 years of age.

• By product of development, urbanization
• Article 24 of fundamental rights prohibits employment
of children below 14 years in factories, mines and any
dangerous employment
• 11 industries has hazardous
bidi, carpet, cement, cloth printing, dyeing and
weaving, explosives, mica, shellac, soap manufacture,
wool cleaning, construction industry
5.9% of total work force constitute child labourers
• Regulation of Child Labour- not listed in the schedule, it regulates
conditions of wage structure, working hours in non hazardous
occupations
• Period of Work- not to exceed 6 hours includes interval, prohibits
night work between 7 pm to 8 am, prohibits double employment,
weekly holiday should be provided
• Inspectors for Implementation- appointed by state government, if
provisions f the act are violated- simple imprisonment extending up
to 1 month or fine which may extend to rupees 10000 or both.
• Positive aspects of the act
Uniform Definition of the act, any person can file complaint against
employing child labour, state government to frame rules, ban child
labour in hazardous occupations
 JUVENILE JUSTICE ACT, 1986 AMENDED IN
THE YEAR 2000
• Juvenile- boy who has not attained 16 years and girl who has not
attained 18 years
• Care, protection, treatment, development and rehabilitation of
neglected or delinquent juveniles.
• Objectives- uniform legal frame work- ensured by juvenile welfare
boards and juvenile courts
• Special approach, prevention and treatment of juvenile delinquency
• Machinery and infrastructure required
• Establish Standards and norms for administration
• Appropriate Linkages and coordination- juvenile justice and
voluntary agencies
• Constitute special offences and provide punishment
• Application of the act- Juvenile- committed an offence or
living in a circumstance of neglect is decided by juvenile
welfare board and the juvenile court
• During pendency of proceeding, juveniles may be kept with
parents or guardians or observation home
• The act makes provision for early discharge and after care
of juveniles
• Delinquent Juvenile- whatever offence committed- cannot
be sentenced to death or imprisonment or to a prison or
payment of fine
• Not kept in jail or police station
• Children Covered under JJ act- found begging, found
without home, parent or guardian who is unfit, lives
in a brothel, abused.
• All juveniles can be released on bail irrespective of
offence
• Probation officer- supervises and reports the
behaviour of an offender. He is under the control of
district magistrate. He inquires Juvenile background,
regular intervals, advice, assist and place the juvenile
under the care of any person or institution
• Juvenile Welfare Board- state government can
establish one or more board
• To exercise and discharge duties in relation to
neglected juveniles under this act
• Board shall consist of chair and other members which
state government thinks to fit to appointment. Of
whom not less than 1 shall be a woman and every
such member shall be vested with the pass of
magistrate under CPC 1973.
• The board shall function as a bench of magistrates
• Juvenile welfare boards in Tamil Nadu
13 boards with a chair and 5 non official member (1 woman
member),
Juvenile Court- the state government constitute one or more
juvenile court- exercising and discharging- delinquent juveniles
Court consists of number of metropolitan magistrates or
judicial magistrates of the first class forming a bench as the
state government thinks one of whom will be designated as
Principal Magistrate. Each court assisted by 2 honorary social
workers out of which one shall be a woman all appointed by
state government
• Juvenile Home for the reception of neglected
juveniles- state government establish and maintain.
• Accommodation maintenance, education, character
and abilities development, training for protection of
self from moral danger and total personality
development. In tamil nadu 21 juvenile homes are
functioning in Tamil Nadu
• Special homes- delinquent juveniles- state
government establishes and maintains. 2 special
homes are functioning in Tamilnadu
• Observation Home- reception of juveniles
during the pendency of any inquiry. In Tamil
nadu there are 14 observation homes
• Aftercare Organisations- taking care of
juveniles after they leave home or special
home
• According to JJ act, prostitute’s child is
neglected child and the child is placed in
corrective institution.
The National Commission for Children bill, 1997

• In the Parliament, private member bill on NCFC is pending.

• Rights of child should include all those in the international
convention on rights of children.
• To bring all child related issues to national concern, it should
function as appellate body, provide platform for children’s
voice
• The commission consists of chair person, vice chair person,
five members working for welfare of children including
voluntary welfare organisations by the central government.
Among these at least two should be women
• Committees- commission has got the power to co opt
members of any committee can be appointed by number of
persons who are not members of the commission. Meetings
on regular basis takes place. The term of office bearers is 3
years.
• Functions- investigate, examine, present annual report to
central government, make recommendations, review from
time to time, look into complaints, non implementation of
laws, call for special studies, prepare plans and programs for
educational ad general development, inspect homes related to
children, provide funds, suggest eradication/abortion of evils
against children, regulate adoption
 SP related to Youth
• Youth is the age group between 15 – 29 years
• At present 34% of Indian Gross National
Income is contributed by youth
• However there exists a huge potential to
increase the contribution of this class by
labour force participation and their
productivity.
 Policies related to youth
• National youth policy – 11 key areas
• National sports policy
• Youth clubs
• Youth associations
• Youth hostels
 11 key priority areas

• Education
• Employment & skill Development
• Entrepreneurship
• Health & healthy lifestyles
• Sports
• Promotion of social values
• Community engagement
• Participation in politics & governance
• Youth engagement
• Inclusion
• Social justice
 National sports policy

• Broad basing of sports and achievement of excellence;

(ii) Up gradation and development of infrastructure;

(iii) Support to National Sports Federations and other sports bodies;

(iv) Strengthening of scientific and coaching support to sports;

(v) Special incentives to promote sports;

(vi) Enhanced participation of women, scheduled tribes and rural youth;

(vii) Involvement of corporate sector in sports promotion; and

(viii) Promote sports mindedness among the public at large.

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