DIMENSIONS OF SOCIAL WELFARE Dr K.Dhamodharan. Visiting Professor in Management Noorul Islam University-India
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S NOBERT LEO RAJA. Ph.D Scholar in Management Department of Management Studies Noorul Islam University-India ABSTRACT
This paper examines the dimensions of Social Welfare. Social welfare has been a prime importance in the development of mankind. The concept of social welfare however differs from country to country and region depending up on the political system and economic conditions of the country concerned. Nevertheless the core concept of the term remain in firm that it aims at improving the overall conditions of all those who born in the soil as human being. Certain social rights are fundamental human rights. India has been an active member of elite group in administering the social welfare schemes. The constitution of India itself is a shining example to portray the true intention of the administrators in the enforcement of social welfare schemes. The international instruments on Human Rights also provides for the social welfare to an exhaustive manner. The provisions of the international instruments and ILO conventions stand as a guardian to protect the rights of human to a great extent. In an attempt has been made to welfare state in a cogent manner. In the later part of the paper some of the constitutional provisions of welfare in India are discussed to bring out its importance. In the concluding part of the paper the emergence of social welfare schemes and social security measures of USA is discussed. The discussion concludes with suggestion that the existing social welfare /social insurance schemes must be tuned in accordance with the international recommendations. Key words : Social Welfare, Social Security, Social insurance, human Rights, Constitution I INTRODUCTION
A social welfare system is a program that provides assistance to needy individuals and families. The types and amount of welfare available to individuals and families vary for country, state or region. In the United States, the federal government provides grants to each state through the Temporary Assistance for Needy Families (TANF) program. Social welfare is about how people, communities and institutions in a society take action to provide certain minimum standards and
certain opportunities. It is generally about helping people facing contingencies. Social welfare is the well-being of the entire society. Social welfare is not the same as standard of living but is more concerned with the quality of life that includes factors such as the quality of the environment (air, soil, and water), level of crime, extent of drug abuse, availability of essential social services, as well as religious and spiritual aspects of life. Definition of the welfare state
The concept of a welfare state, signifying a regime which seeks to ensure the maximum happiness of maximum number of people living within its territory, is by no means new. Several Kings and Emperors in the course of history have given the highest priority to the people happiness and welfare, even as there have been numerous rulers in ail ages who proved to be tyrants and concentrated all their efforts and most of the State revenues on their personal comforts and luxury. The State of Mauryas and Emperor Vikramaditya for instance, were largely a Welfare State. The golden era of Emperor Ashoka in the ancient days and emperor Akbar during the Mughai period are two outstanding instances of rulers establishing a truly Welfare State in their lifetime. A Welfare State also implies an efficient administration, speedy justice for the people, a regime totally free from graft, corruption, inefficiency, sloth and the frustrating complexities of red tape etc. in modern times a Welfare State means all this and much more. Among the measures which the people of such a State expect are social Welfare legislation, adequate health and medical facilities especially for the poor, the weak, the old and the disable in other words, the admittedly weaker sections of society. In India the concept of a Welfare State was accepted decades ago. During the British regime, social Welfare was not among the principal objectives of the government. The emphasis then being on maintaining law and order and also on facilitating the economic exploitation of the Indian people by British economic interests. But since the dawn of independence in 1947, the Indian leaders have earnestly sought to establish a Welfare State. The constitution of India, which was drafted after a good deal of discussion in the constituent assembly by the country's ablest people of all communities, seeks to establish a Welfare State. The Preamble of the Constitution clearly indicates "general welfare" of the people as one of the objectives of the
Union of India. The Preamble aims "to secure to all its citizens justice, social, economic, and political, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity." II. SOCIAL WELFARE AS A HUMAN RIGHT
Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law , general principles and other sources of international law. International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups. The Universal Declaration of Human Rights (1948) was drafted by the UN Commission on Human Rights in 1947 and 1948. The Declaration was adopted by the United Nations General Assembly on 10 December 1948. Amongst other human rights, this declaration enunciates certain fundamental human rights of every human being which are which are of special interest in the study of the ethics of circumcision. They are the rights to security of person, to freedom from torture and other cruel and unusual treatment, and to privacy. Motherhood and childhood have a right to special protection. Social welfare forms a substantial part of the human right. III. INDIAN CONSTITUTION AND SOCIAL WELFARE
India is considered to be a welfare state and moreover the largest democracy in the world. The people in India have been considered as the supreme authority in our country, as it is declared by the Preamble of Indian Constitution that sovereignty vests not in the Parliament but in the people of Union of India. “Social Welfare” has been (at least theoretically) at the centre of our policy making from the time of independence itself. From the “First Five Year Plan” itself Programmes and schemes have been launched related to social welfare issues as like agriculture and rural
development, employment and labour welfare, healthcare, education, etc. Indeed in the initial 2025 years in spite of scarcity of economic means the government was focussed on the welfare policies and inclusive development. Embodiment of Social Welfare Provisions in the Indian Constitution
Preamble, in general, is the form of Indian. The words, “Socialist”, “secular”, “democratic” and “republic” have been inserted in the preamble. Which reflects it‟s from as a “social welfare state.” The expression “socialist” was intentionally introduced in the Preamble. Under the Indian Constitution the scheme for the social welfare is reflected in different provisions of the constitution. There are implicit and explicit references to the social welfare obligations of state in different provisions; we can study these provisions one by one: Socialist State
The Preamble of the Constitution of India dec lares India 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,iii 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. The basic framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave.” As being a socialist state, the government is required to take steps to ensure that the minimum facilities of life are provided to every person, and there are equalities of income and material resources as far as democratically possible. A socialist state strives to achieve many ideals, some of them are* Removal of inequalities in distribution of economic resources * Equality of opportunity for employment * Equal pay for equal work. * Elimination of exploitation of labourers
* Maintenance of minimum level of egalitarianism * Establishment of a welfare state * Initiation of schemes relating to health, education, social security, and other such essential matters. In Excel Wear v Union of India , the supreme court held that the addition of the word „socialist‟ might enable the courts to learn more in favour of nationalisation and state ownership of an industry. But, so long as private ownership of industries is recognised which governs an overwhelming large principles of socialism and social justice cannot be pushed to such an extent so as to ignore completely, or to a very large extant, the interest of another section of the public, namely the private owners of the undertaking Social and Economic Justice
The Preamble of our Constitution uses two other concepts which create responsibilities on the state to involve actively in social welfare, namely “social” and “economic justice”. Under the concept of social justice the state is required to ensure that the dignity of socially excluded groups is not violated by the powerful, and they are considered on equal footing with others. It was said by the Supreme Court in the case of Consumer Education and Research Centre v. Union of India.“Social justice, equality and dignity of person are corner stone of social democracy. The concept 'social justice' which the Constitution of India engrafted, consists of diverse principles essential for the orderly growth and development o f personality of every citizen.” Under economic justice it is contemplated that the state would not make any distinction among its citizens on the basis of their possession of economic resources. Economic justice also requires the state to try to narrow down the gap of resourceful and poor by distributive justice in terms of income and wealth. To achieve the ideals of social and economic welfare the state is required to involve in different social welfare schemes as like reservation for SC/ST/OBCs, MGREGA, Mid Day Meal Scheme, Sarva Sikha Abhiyan, etc.
Directive Principles of State Policy
The part IVth of the Constitution of India (Article 36 to 51) is concerned with Directive Principles of the state policy. This part IVth is the foundation of social welfare system. However, these principles are neither enforceable nor binding on the state but are simply guidelines for the state, which the state has to consider at the time of policy making. Part IV is just like a light which shows a path to the state. These DPS are story supporter for making a state a social welfare state. These directive principles are most glaring examples of the scheme of social justice in our constitution, and these principles anticipate a lot of provisions for the welfare of people at large relating to education, environment, promotion of justice, free legal aid, living wages, protection of marginalised groups, forest and wildlife, etc. The supreme court has held some Directive Principles as Fundamental Rights through judicial activism, e.g.- in Randhir Sing V. Union of India[14], the supreme court has held that principle of “equal pay for equal work” though not a fundamental right but it is certainly a constitutional goal, so it can be enforced (via Article 32). In H.M. Hoskot V state of Maharashtra[15] and Hussainara Khatoon V. Home Secretary, State of Bihar,[16] the Supreme Court has declared that “legal aid” & “speedy trial” are fundamental rights under Article 21 which are also provided in Directive Principles under Article 39-A. In Mohini Jain V. Stale of Karnataka[17] and Unni Kreshnan V. State of A.P.[18], all Supreme Cour t has held that „right to Education‟ is a fundamental right under Article 21. This right to education has been recognised as a separate fundamental right by the Parliament under Article 21-A.[19] The government is required to take all possible measures for the fulfilment of directive principles in its economic capacity. Some of the directive principles are: Ar.vi 39(a): The state shall direct its policy towards securing adequate mean of livelihood to man and woman; Ar. 39 (A): Promotion of justice, equal opportunities, and free legal aid; Ar. 41: Security of work, to education, and to public assistance in several cases; Ar. 42: Security of just and humane conditions of work; Ar. 45: Free and compulsory education to every child till the age of 14 years, etc. This changed role of state is a positive indication. Now days, rights of people are increasing day by day resulting in the increase of duties of the state. The state is indulging in every aspect of
human life. It is playing an active role in all fields like education, health, residence, security, clean environment. It is a holy duty of the state to take care of all men, women, children, old aged person, widows, deserted persons, helpless& patients. The state is trying to endeavour the life style of its citizens through various schemes and policies likeWomen Schemes
Condensed Course of Education for Adult Women Development of Women and Children in Rural Areas (DWCRA) Distance Education for Women Development and Empowerment Education Work for Prevention of Atrocities on Women Family Benefits Scheme Family Counselling Centre Kishori Shakti Yojana(KSY) Maternity Benefits Scheme NORAD Scheme Rashtriya Mahila Kosh Scheme for Working Women Hostals Science and Technology for Women Support to Training and Employment Programme for Women (STEP) Swa Shakti Project Swayamsidha Rehabilitation of Women with Disabilities Vocational Training Programme Child Schemes
Aganwadi Scheme Balika Samriddhi Yojana Development of Women and Children in Rural Areas (AWCRA) Integrated Child Development Scheme(ICDS) Juvenile Justice system Mid Day Meal Scheme National Creche Fund
Non- Formal Education Centers Exclusively for Girls Reproductive and Child health Programme (RCH) Shishu Greh Scheme Labour and Employment Scheme
Employment Assurance Scheme (EAS) Food for Work Programme Jawahar Rozgar Yojana Labour Welfare Fund Maternity Benefits Scheme Million Wells Scheme Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MNREGA) Prime Minister‟s Rozgar Yojana (PMRY) Rural Employment Generation Programme(REGP) Sampoorna Grameen Rozgar Yojana (SGRY) Scheme for Working Women Hostels Scheme for Rehabilitation of Bonded Labourers Support to Training and Employment Programme for Women (STEP) Swarnjayanti Gram Swarozgar Yojana(SGSY) Training of Rural Youth for Self- Employment (TRYSEM) Urban scheme
Accelerated Urbon Water Programme Mega City Scheme Swarna Janyanti Shahari Rozgar Yojana
Social Scheme
Annapurna Scheme Freedom Fighters Pension Scheme Growth Center Scheme Liberation and Rehabilitation Scheme
Maternity Benefit Scheme Members of Parliament Local Area Development Scheme National Family Benefit Scheme National Old Age Pension Scheme Prohibition and Drug Abuse Prevention Scheme Short Stay Homes Social Defence Scheme
IV. SOCIAL WELFARE IN USA
Welfare in the United States commonly refers to the federal government welfare programs that have been put in place to assist the unemployed or underemployed. Help is extended to the poor through a variety of government welfare programs that include Medicaid, the Women, Infants, and Children (WIC) Program, and Aid to Families with Dependent Children (AFDC). The Welfare system in the United States began in the 1930s, during the Great Depression Social programs in the United States are welfare subsidies designed to aid the needs of the U.S. population. Federal programs began with Theodore Roosevelt's New Nationalism and expanded with Woodrow Wilson's New Freedom, Franklin D. Roosevelt's New Deal, John F. Kennedy's New Frontier, and Lyndon B. Johnson's Great Society.
The programs vary in eligibility requirements and are provided by various organizations on a federal, state, local and private level. They help to provide food, shelter, education, healthcare and money to U.S. citizens through primary and secondary education, subsidies of college education, unemployment disability insurance, subsidies for eligible low-wage workers, subsidies for housing, food stamps, pensions for eligible persons and health insurance programs that cover public employees. The Social Security system, is the largest and most prominent social aid programMedicare is another prominent program.
In 2002, total U.S. social welfare expenditure constitutes roughly 35% of GDP, with purely public expenditure constituting 21%, publicly supported but privately provided welfare services
constituting 10% of GDP and purely private services constituting 4% of GDP. This compared to France and Sweden whose welfare spending ranges from 30% to 35% of GDP.
The American welfare state was designed to address market shortcomings and do what private enterprises cannot or will not do themselves. Unlike welfare states built on social democracy foundations it was not designed to promote a redistribution of political power from capital to labor; nor was it designed to mediate class struggle. Income redistribution, through programs such as the Earned income tax credit (EITC), has been defended on the grounds that the market cannot provide goods and services universally. While interventions going beyond transfers are justified by the presence of imperfect information, imperfect competition, incomplete markets, externalities, and the presence of public goods. The welfare state, whether through charitable redistribution or regulation that favors smaller players, is motivated by reciprocal altruism.
.After the Great Society legislation of the 1960s, for the first time a person who was not elderly or disabled could receive need-based aid from the federal government. Aid could include general Welfare payments, health care through Medicaid, food stamps, special payments for pregnant women and young mothers, and federal and state housing benefits. In 1968, 4.1% of families were headed by a woman receiving Welfare assistance; by 1980, the percentage increased to 10%. In the 1970s, California was the U.S. state with the most generous Welfare system. Virtually all food stamp costs are paid by the taxpayers. In 2008, 28.7 percent of the households headed by single women were considered poor. The poverty rate for single-mother families in 2010 jumped to 40.7% compared to 8.8% for married-couple families. California, with 12% of the U.S. population, has one-third of the nation's welfare recipients.
In 1996, the Personal Responsibility and Work Opportunity Reconciliation Act changed the structure of Welfare payments and added new criteria to states that received Welfare funding. After reforms, which President Clinton said would "end Welfare as we know it, amounts from the federal government were given out in a flat rate per state based on population. Each state must meet certain criteria to ensure recipients are being encouraged to work themselves out of Welfare. The new program is called Temporary Assistance for Needy Families (TANF). It encourages states to require some sort of employment search in exchange for providing funds to
individuals, and imposes a five-year lifetime limit on cash assistance. In FY 2009, white families comprised 31.2% of TANF families, black families comprised 33.3%, and 28.8% were Hispanic
V. SOCIAL INSURANCE AND SOCIAL SECURITY IN USA
Social insurance is any government-sponsored program with the following characteristics: the benefits, eligibility requirements and other aspects of the program are defined by statute; explicit provision is made to account for the income and expenses (often through a trust fund); it is funded by taxes or premiums paid by (or on behalf of) participants (although additional sources of funding may be provided as well); and the program serves a defined population, and participation is either compulsory or the program is heavily enough subsidized that most eligible individuals choose to participate. Social insurance has also been defined as a program where risks are transferred to and pooled by an organization, often governmental, that is legally required to provide certain benefits.
Social security is a concept enshrined in Article 22 of the Universal Declaration of Human Rights which states that Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. In simple term, this means that the signatories agree that society in which a person lives should help them to develop and to make the most of all the advantages (culture, work, social welfare) which are offered to them in the country.
Social security may also refer to the action programs of government intended to promote the welfare of the population through assistance measures guaranteeing access to sufficient resources for food and shelter and to promote health and wellbeing for the population at large and potentially vulnerable segments such as children, the elderly, the sick and the unemployed. Services providing social security are often called social services. Terminology in this area in the United States is somewhat different to that in the rest of the English speaking world. The general term for an action program in support of the well being of the population in the United States is welfare program and the general term for all such programs is simply welfare. In other countries
the word welfare on its own simply means wellbeing. In American society, which tends to promote individualism and responsibility over collectivism and dependence, the term welfare has therefore developed into one which has negative connotations, and seen by some as unAmerican. In the rest of the English speaking world, welfare where still retains its original meaning of well being it is thus generally perceived as having positive connotations. The term Social Security in the United States refers to a specific social insurance program for the retired and the disabled. In most other countries, Social security has the general meaning of being secure in society and free from the insecurities of poverty, disease, etc.
Social security may refer to social insurance, where people receive benefits or services in recognition of contributions to an insurance program. These services typically include provision for retirement pensions, disability insurance, survivor benefits and unemployment insurance. Services provided by government or designated agencies responsible for social security provision. In different countries this may include medical care, financial support during unemployment, sickness, or retirement, health and safety at work, aspects of social work and even industrial relations. Basic security irrespective of participation in specific insurance programs where eligibility may otherwise be an issue. For instance assistance given to newly arrived refugees for basic necessities such as food, clothing, housing, education, money, and medical care.
Unemployment compensation is money received from the United States and a state by a worker
who has become unemployed through no fault of their own. In the United States, this compensation is classified as a type of social welfare benefit. According to the Internal Revenue Code, these types of benefits are to be included in a taxpayer's gross income. Americans out of work who do not qualify for unemployment insurance include part-time, temporary, and selfemployed workers, and school graduates. There are five main reasons unemployment benefits would be declined: not being able or available to work, voluntary separation from work without a good cause, discharge connected to misconduct, refusal of suitable work, and unemployment resulting from a labor dispute. Generally, the worker must be unemployed through no fault of his/her own (generally through lay-offs). The unemployed must also meet state requirements for wages earned or time worked during an established period of time (referred to as a “base
period”) to be eligible for benefits. In most States, the base period is usually the first four out of the last five completed calendar quarters prior to the time that the claim is filed.[37] Unemployment benefits are based on reported covered quarterly earnings. The amount of earnings and the number of quarters worked are used to determine the length and value of the unemployment benefit. The average weekly payment is 36 percent of the individual's average weekly wage. As a result of the American Recovery and Reinvestment Act passed by Congress in February 2009, many unemployed people can receive up to 99 weeks of unemployment benefits; this may depend on State legislation Social Security Disability Insurance (SSD or SSDI) is a payroll tax-funded, federal insurance program of the United States government. It is managed by the Social Security Administration and is designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability, usually a physical disability. SSD can be supplied on either a temporary or permanent basis, usually directly correlated to whether the person's disability is temporary or permanent.
According to the Social Security Administration (SSA), a person qualifies for SSDI if: they have a physical or mental condition that prevents them from engaging in any "substantial gainful activity" ("SGA"), and the condition is expected to last at least 12 months or result in death, and they are under the age of 65, and generally, they have accumulated 20 social security credits in the last 10 years prior to the onset of disability (normally four credits per full or partial year); one additional credit is required for every year by which the worker's age exceeds 42. The work requirement is waived for applicants who can prove that they became disabled at or before the age of 22, as these individuals may be allowed to collect on their parent's or parents' work credits. The parent(s) experience no loss of benefits. VI. REFERENCE
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