Can Social Legislation help in social control?

Introduction

Social Legislation generally means 'The Laws' designed to improve and protect the economic & social position of those group in society which because of age, race, sex, physical or mental disability or lack of economic power, can't achieve healthful standards of living for themselves.

Need of Social Legislation

1. Social Legislation is for social change

2. Social Legislation is leads to social welfare

3. Social Legislation set-up for the development of the society

Social Legislation in a Welfare State

State Intervention is required to safe guard mutual rights & duties. Social Legislation especially in a adjustable instrument, stratifying the requirement of an ever changing society.

Definition

According to Oliver WenDELL, "Legislation of today is to meet the social needs of yesterday.

Nature of Legislation in Welfare State:

1. Women welfare

2. Child welfare

3. Schedule caste development

4. Welfare of OBC

5. Welfare of disable person

6. Labour welfare

7. Housing welfare

VARIOUS LEGISLATIONS AS MEANS OF SOCIAL CHANGE AND SOCIAL CONTROL

There are various laws in India, which have made an impact on the society. Some of them are listed below-

· Abolition of sati

· Dowry prohibition act

· Domestic violence act

· Protection of civil rights act

· Labor welfare laws

· Indian penal code

· Special Marriage act

· Hindu marriage act

· Muslim marriage act

· Christian marriage act

· Juvenile justice act etc.

· The Child Labour (Prhibition and regulation)Act

· The factories Act

· The mines Act

· The minimum wages Act

· The right of children free and compulsory education Act, 2009

This laws that have been successful in bringing about reform in the society. If one goes down the line of history it can be seen that there had been a lot of resistance to the act but eventual these laws have helped in establishing an order in the society. In this assignment I would like to discuss the provisions of right to education and how it has been successful in bringing about a social change and how it would promote social control in future.

The Juvenile Justice (Care & Protection of Children) Amendment Act, 2006The Juvenile Justice (Care & Protection of Children) Amendment Act, 2006

— An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation and for matters connected therewith or incidental thereto.

Whereas the Constitution has, in several provisions, including clause (3) of article15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a primary responsibility of ensuring.

While provisions relating to the Juveniles in conflict with law are very important from jurisprudence point of view, this Act becomes very crucial for Children in Need of Care and Protection, as they are very large in number. Section 29 of the Act provides constituting five members District (Administrative unit in India) level quasi-judicial body "Child Welfare Committee". One of the members is designated as Chairperson. At least one of the members shall be woman. The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the 'Children in Need of Care and Protection' as well as to provide for their basic needs and protection of human rights.

The Child Labour (Prohibition and Regulation) Act, 1986

— The Act prohibits the employment of children below the age of 14 years in 13 occupations and 57 processes that are hazardous to the children's lives and health. These occupations and processes are listed in the Schedule to the Act. This Act help to avoid the child labour.

The Right of Children to Free and Compulsory Education Act 2009

The major reason of poverty and the increasing rate of crimes was recognized as the being due to lack of education. It was also seen that the education was also being used as a medium which could be accessed by the rich and the haves. Thereby leading to discrimination and therefore the act was necessary to ensure at least primary education to all the children.

The Directive principles of sate policy also enumerates some of the measures to protect the children and promote their best interest. Some of the articles are listed below-

· Article 39(e) and(f) provides that the state shall, in particular, direct its policy towards securing to"ensure that the health and strength of workers, men and women and the tender age of children are not abused" and "that the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength" and that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity" and that the childhood and youth are protected agaist exploitation and against moral and material abandonment.

· Article 45- the state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

· Article47- the state shall regard the raising of the level of nutrition and the standard of living of is people and the improvement of public health as among its primary duties.

The Factories Act, 1948:

The Act prohibits the employment of children below the age of 14 years. An adolescent aged between 15 and 18 years can be employed in a factory only if he obtains a certificate of fitness from an authorized medical doctor. The Act also prescribes four and a half hours of work per day for children aged between 14 and 18 years and prohibits their working during night hours.

Social control

Social control refers generally to societal and political mechanisms or processes that regulate individual and group behavior, leading to conformity and compliance to the rules of a given society, state, or social group. Many mechanisms of social control are cross-cultural, if only in the control mechanisms used to prevent the establishment of chaos or anomie. Some theorists, such as Émile Durkheim, refer to this form of control as regulation. Sociologists identify two basic forms of social controls:

1. Internal Control- Internalisation of norms and values by a process known as socialization. Socialization is defined as ""the process by which an individual, born with behavioral potentialities of enormously wide range, is led to develop actual behavior which is confined to the narrower range of what is acceptable for him by the group standards."

2. External Control- External sanctions, which can be either positive (rewards) or negative (punishment).These sanctions come from either formal or informal control.