MSW 004 Social Work and Social Development

MSW-004
SOCIAL WORK
AND
SOCIAL DEVELOPMENT
School of Social Work

Indira Gandhi National Open University
Maidan Garhi, New Delhi
Social Work
and
Social Development
Editor
Prof. Gracious Thomas
School of Social Work

Indira Gandhi National Open University
Maidan Garhi, New Delhi
June, 2010
© Indira Gandhi National Open University, 2010
ISBN: 978-81-266-4573-2
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Preface
To practice social work in the context of social
development is one of the main concerns of social
workers. Therefore, a course of “social work and social
development” is important for a student of MSW which
will deliberate on topics such as migration, rural and
urban continuum, industrialization, globalization
concepts of development which include social and
human development, sustainable development,
economic and social dimension of development,
population development, gender perspectives on
development, social ideals in Indian constitution, social
work and human rights, welfare economics, Indian
judicial system, legal provision for women, persons
with disability, children, social advocacy and the role
of social workers.
The chapter on ‘Migration’ describes concept of
migration, various streams of migration, migration
situation in India, determinants of migration,
consequences of migration, theories of migration and
issues of international migration. It also explains
migration as a social process and as old as the history
of human kind. The decision to migrate are often
complex and involve a number of push and pull factors.
The Chapter on ‘Rural-Urban Continuum and
Urbanization’ is the hallmark of modern society. In
this chapter we discuss the meaning, historical context
and conditions for industrialization, industrialization
and social change, industrialization in India and the
post-industrial society. It is felt that industrialization
remains the dominant paradigm of development in
today’s world. The discussion on ‘Globalization’ explains
the meaning and various dimensions of globalization,
globalization and inequality, and influence of
globalization on Indian society. ‘Changing Occupational
Structure and Impact of liberalization’ is another
topic of importance. It has covered the meaning
and definition of the concepts, how occupational
structure changes, liberalized economy in India and
about the growth of new sectors. This chapter
concludes that new sectors and new occupations are
coming up due to the advancement in information
technology and outsourcing, and the main beneficiaries
are the youth.
The topic of ‘Social and Human Development’ is at the
centre stage of contemporary development theory and
practice. The discussion in the chapter covers growth
and development, human development, development
indicators, important issues of human development
reports, and critiques of human development. The
chapter on ‘Sustainable Development’ attempts to pose
the question of nature, environment and ecology vis-à-
vis the growth-driven model of development by raising
the issue of sustainability. The discussion
encompasses definition and meaning, development-
environment debate, origin and evolution, dimensions
of sustainable development, critiques of sustainable
development, and globalization and sustainable
development. The chapter on ‘Development and
Progress: Economic and social Dimensions’ is designed
to familiarize the reader about development models. It
has discussed the meaning of change, progress,
development, and modernization theories of
underdevelopment models of development and shifting
development strategies. The chapter ends with the
idea that strategy of development is undergoing change
with increasing stress on empowerment of vulnerable
groups like women, indigenous communities, and poor
people-not just economically alone but also politically
and socially. ‘Gender Perspectives on Development’
brings out the fact that women’s participation in the
development process or women’s relation with economic
social and environmental issues of development have
been mostly ignored.
The chapter has also incorporated the issues pertaining
to perspectives on women and development, impact of
development on women, policy and planning for women
in India, and status of women in critical areas.
The chapter on ‘Population and Development’ makes
debate over the issue of population problem, relationship
between population and development, demographic
transition theory and politics of population. The
discussion on ‘Social Ideals of Indian Constitution’
introduces the reader to several areas that are included
in the Indian Constitution such as the Preamble, the
fundamental rights, the Directive Principles of the
State Policy, Indian vision of liberty, Justice and
Equality, and constitutional Rights of the
Disadvantaged. The chapter ‘Social Work and Human
Rights’ acquaints you at the very outset, with the
meaning and criticism on human rights. This chapter
also covers topics such as United Nation and human
rights, mechanism for human right protection, and
responsibilities with rights. Apart from generating
awareness on various issues of human rights, this
chapter teaches that upholding one’s human right
means one should be fair to others in the family, in the
community and in the world as well. The chapter on
‘Welfare Economics and Development’ outlines the
meaning of welfare economics, approach to welfare
economics, issues of health, education and women’s
empowerment in relation to welfare economics. The
government of India is the governing authority of the
Republic of India. To carry out the judicial responsibility
of this vast and diverse nation, judicial system is
structured like a Federal Hierarchy. The chapter on
‘Indian Judicial System’ describes how the constitution
serves as a fountainhead of the Indian Judicial system,
how the machinery is structured and organized at
different levels, and deals with procedures prescribed
under the law for criminal cases, and the main duties
and responsibilities of the legal practitioners.
The description on ‘Legal Provision for Women’ deals
with rights and privileges of women, right of women
under personal laws, on dowry, the laws for women
with regard to immoral traffic, indecent representation
and rape, the law governing sex selection, and the
protection of women from domestic violence Act 2005.
It is seen that the law specifically related to women’s
issues are too inadequate to bring about any substantial
change. As social workers, we will certainly be able to
enlighten the target groups on these important areas.
The chapter on ‘Legal provisions for persons with
disability’ deals with laws for those sections of society
who suffer from various social, economic, physical or
mental disabilities. It gives an overview of the various
constitutional and legislative provisions. It also covers
laws for persons with physical and mental disabilities,
social disability and law, law for bonded labourers, law
on right to compensation, and the laws governing
women’s right at work place. ‘Legal Provision for
Children’ examines the legal rights and privileges
bestowed on children in India. Knowledge on the
constitutional and legislative efforts to support child
rights, specific provisions for child labour, juvenile
justice systems, and the laws governing abuse and
trafficking of children are very important for social
workers. The aim of this chapter is to enable us to
comprehend the strides made in India for the protection
of child’s rights.
‘Legal Aid, Social Advocacy and Role of Social worker’
presents a discourse on the relationship between law
and professional social work. This chapter describes
the concept and objectives of legal aid, legal aid to the
poor, legal aid and government initiatives, judicial
activism, social advocacy and public interest litigation,
law and social activism consumer protection and right
to information right of the disadvantaged and the role
of social workers in dealing with legal aid and legal
assistance for the clients.
It is expected that the deliberation contained in the
eighteen chapters of this book will provide the reader
with sufficient information and knowledge about social
dynamics and social change, concepts of development,
development concepts from human rights perspective
and some of the important social legislations. This
volume has been meticulously prepared by a dedicated
team of professionals who include Dr. Ranjana Sehgal,
Dr. Mohd. Sahid, Dr. Chinmaoy Biswal, Dr. Tripti Bassi,
Prof. Asok Sarkar, Mr. Gurupada Saren, Dr. Jyoti kakkar
and Prof. Srikrishna Deva Rao. On behalf of the school
of social work at IGNOU, I extent our heartfelt gratitude
to all these experts for their valuable and timely
contribution.
PROF. GRACIOUS THOMAS

Director
School of Social Work, IGNOU
New Delhi
Contents
1. Migration 5
Tripti Bassi, Chinmoy Biswal
2. Rural and Urban Continuum and
Urbanisation 34
Tripti Bassi
3. Industrialisation 58
Chinmoy Biswal
4. Globalization 88
Chinmoy Biswal
5. Changing Occupational Structure
and Impact of Liberalization 116
Chinmoy Biswal
6. Social and Human Development 140
Chinmoy Biswal
7. Sustainable Development 164
Chinmoy Biswal
8. Development and Progress: Economic and
Social Dimensions 194
Tripti Bassi
9. Gender Perspectives on Development 216
Tripti Bassi
10. Population and Development 246
Chinmoy Biswal
11. Social Ideals of Indian Constitution 276
Ranjana Sehgal
12. Social Work and Human Rights 305
Mohd Shahid
13. Welfare Economics and Development 325
Chinmoy Biswal
14. Indian Judicial System 343
Ranjana Sehgal
15. Legal Provision for Women 370
Ranjana Sehgal
16. Legal Provisions for Persons with Disability 420
Ranjana Sehgal
17. Legal Provision for Children 468
Ranjana Sehgal
18. Legal Aid, Social Advocacy and Role of 508
Social Worker
Ranjana Sehgal
1
Migration
* Tripti Bassi and Chinmoy Biswal
Introduction
Migration is a social process which is as old as the
history of human civilization. In fact, the evolution of
human society and rise of civilizations in different parts
of the world have much to do with the movement of
people from one place to another. Our early ancestors
in hunting and gathering societies migrated from place
to place in search of food. During nomadic pastoral stage,
hoards and bands of people migrated from one place to
the other in search of pastures for domestic animals,
mainly cattle and horses. This feature still survives
among pastoralist communities in Asia, Africa and Latin
America, including India. In fact, the expression “in
search of greener pastures” owes its origin to this
feature of migration. In the settled agricultural stage,
the nature of migration changed. Mass migration was
less but it continued in search of fertile lands and river
basins and so on.
The movement of people also continued due to frequent
military conflicts, wars and invasions. Residents in a
city or capital of a state would flee en masse on hearing
of an impending invasion, leaving the city depopulated,
as happened during Taimur the Lame’s invasion of Delhi
in fourteenth century. Or, people would migrate on the
orders of an emperor who wished to set up a new capital
* Dr. Tripti Bassi, Delhi University, Delhi and

Mr. Chinmoy Biswal, JNU, Delhi
2 Social Work and Social Development
like Mohammed bin Tughlaq did. The proverb “Dilli se

Daulatabad” (from Delhi to Daulatabad) refers to one
such incident of forced migration. Small waves of
migration also continued as groups of people moved for
trade, commerce and land grants, and settled down at
various places.
Migration is also an individual phenomenon. You may
have migrated from a village to a city, from one city to
another, or from one country to another. Your family
may have moved from a village to a city. With the advent
of modern means of communication, transport and
information channels, people are much more mobile
than ever before.
Definition and Types

Migration refers to any permanent or semi-permanent
change in normal place of residence from one settlement
to another. It has both spatial and temporal aspects. It
involves a complete shift in location and for a fairly
long period of time. For instance, changing
accommodation from one part of the town to another,
or coming to a new place for a few months would not be
treated as migration. It is different from ‘circulation’,
which refers to short term repetitive movements that
are cyclical in nature (e.g. the movement of labourers
from one state to the other, or from one area to another
for a few months in a particular period of the year). The
people who thus move have no intention of staying
permanently or even for a sufficient length of time in
the place of arrival. Another kind of movement is called
transhumance- seasonal movement of pastoral people
up and down the hills with their herds.
Migration 3
Reciprocal flow Displacement Reciprocal flow

Shop-
School
Visiting
Home NEW HOME
Holidaying Work
Fig. : Distinction between Migration and Circulation

(Source: Witherick, 1990)
Migration can be of various types on the basis of
motivation, distance and time. Based on motivation of
movement, migration can be economic and social. Based
on distance, migration can be classified as long distance
and short distance. Likewise, migration can be short-
term and long-term depending on the period of stay
(Chandna, 2007).
On the basis of location, migration can be classified as
in-migration and out migration. In migration refers to
movement into a particular area while out-migration is
movement out of a particular area. For example, migrants
coming from Bihar to Delhi are ‘in migrants’ for Delhi
and ‘out migrants’ for Bihar. The place from which a
move is made is called the place of origin or departure.
The place of arrival or the place of destination is the
place where the movement ends. In migration and out
migration together constitute internal migration, that is,
migration inside a country. Net migration is the difference
between the number of in-migrants and the number of
out-migrants in a place. It can be positive or negative. If
the number of in-migrants exceeds the out-migrants,
the net migration is positive and the region has net in-
migration. However, if the number of out-migrants
exceeds that of the in-migrants, then net migration is
negative and the region has net out migration. If
migration takes place between territorial borders of
countries, we call it international migration. The term
immigration is used for in-migration and emigration for
out-migration in the context of international migration.
The volume of migration or gross migration is the total of
the arrivals of immigrants/in-migrants and departures
of emigrants/out-migrants (Bhende and Kanitkar,
2006). On the basis of number, migration may be
individual or mass migration. It can also be forced or
voluntary.
The figure below shows the fundamental distinction
between forced and voluntary migration and also
between national and international migration. Forced
migration occurs due to persecution, military and ethnic
conflict, war etc. which leads to the displacement of a
large number of people as refugees. The third aspect in
the figure highlights the directional distinction of urban
and rural in internal migration, and between developed
world and developing world in the context of
international migration. Thus, a study of migration can
be done with respect to internal migration and
international migration. In this chapter, the focus is
mainly on internal migration.
Migration Streams
Internal migration can be studied in terms of migration
streams, depicted in the figure When people are involved
in migration, they form a migration stream which can
be of four types: rural to urban, urban to urban, rural to
rural, and urban to rural. Below we discuss these in
detail.
Migration 5
Rural to Urban
The most commonly understood migration stream, rural
to urban migration is the chief feature of developing
countries which are undergoing industrialization and
urbanization. People from the rural areas tend to move
towards the growing urban centres for economic
reasons: in search of work, employment, better life and
urban facilities. This is a combination of both push and
pulls factors (see the next section for details). In these
countries, high densities of population in rural areas,
lack of work and employment, low wages, poverty etc.
act as push factors in pushing them towards urban
areas. The prospects of better jobs and employment,
higher wages, urban facilities like education and health
care act as the pull factors in urban areas.
Modility
Migration Circulation
Daily Periodic Seasonal Long-term
Forced Voluntary
National International National International

Within developing world
Developing-developed world
Rural-urban
Within developed world
Developed-developing world
Developing-developed world
Developed-developing world
Rural-urban
Within developing world

Inter-urban
Urban-rural
Urban-rural
Intra-urban
Rural-rural
Inter-urban
Intra-urban
Within developed world

Rural-rural
Fig. : Classification of mobility

This rural-urban stream was witnessed in massive

scale in mid-eighteenth century England when
Industrial Revolution began. In United States, the
percentage of people living in urban areas increased
from 5 per cent in 1800 AD to 50 per cent in 1920AD.
Presently, nearly three-fourth of the population in
developed countries lives in urban areas.
Rural to urban migration also happens when educated
people, mainly males, move to urban centres for jobs.
With spread of urbanisation, more and more people
move from rural to urban areas. As developing countries
of Asia, Africa and Latin America are undergoing
urbanisation and industrialisation, migration from rural
to urban areas has rapidly increased. Studies show
that migration from rural areas is responsible for nearly
half of the population increase in urban areas. Across
the world, more than 20 million people migrate from
rural to urban areas every year (Rubenstein, 2002).
Large scale migration of this type gives rise to a host
of problems in cities like overcrowding, water scarcity,
sanitation, housing etc., leading to epidemics in which
a lot of people, mainly of the poor sections and working
class, suffer. In the developing countries, we see the
growth of slums due to rural-urban migration.
Urban to Urban
People also move from one urban center to another for
economic reasons. Such migration occurs for better
employment and earning opportunities. This is mostly
a feature of highly urbanized countries but also
observed in developing countries like India, though at
a much less frequency. In the developing countries,
urban to urban migration stream is through what is
known as ‘step migration’. It has been seen that rural
to urban migration happens in several stages. Initially
Migration 7
people move from rural areas to small urban places.

After acquisition of skills, education etc. which can
fetch them jobs and employment in large cities, the
small town people move there. Hence, the big cities
keep growing at the cost of small towns (see
Ravenstein’s laws in later section for details). This
urban to urban stream runs concurrently with rural
to urban migration.
Rural to Rural
At the outset, rural to rural migration may seem
unimportant. But it comprises the bulk of internal
migration in developing countries like India (see
the next section for Census data). An interesting
feature of this stream is the preponderance of female
migrants.
In largely agrarian countries, people migrate from one
rural area to another. It can be explained in three
ways. One, the rural population redistribution occurs
on economic basis as a response to variations in the
capacity of employment of different areas. Better
irrigation facilities, reclamation of waste land,
intensification of agriculture and its extension into
upland regions and marginal lands are factors
influencing migrants. Such migration begins from
populated regions with low agricultural productivity
towards less dense regions with growing development
activities. This movement balances population-resource
relationship (Chandna, 2007). Two, the bulk of rural
to rural migrants are women who get married and
leave their natal homes to settle down in their conjugal
homes. In some societies, men also move into their
wife’s house. Since India is a predominantly rural
country (the rural to urban population ratio according
to 2001 Census is 72.22 to 27.78 per cent), the
migration of rural women accounts for this. In the
1991 Census, more than 56 per cent of total in

migrants reported to have migrated due to marriage.
Compare this with only 15.3 per cent who migrated
due to shift of family, 8.8 percent for employment,
two per cent for education, 2. 3 per cent for business,
and a little over 15 per cent for other reasons. Third,
in order that a person migrates to a city, he should
have relatives, friends or contacts there who would
be willing to give him shelter initially. In fact, few
migrants go to a totally alien place. Since the social
relations of rural people are confined mostly with rural
people, it is easier to migrate to a rural place than to
an urban one.
Urban to Rural
Since urbanisation is understood as movement of
people from countryside to cities, migration from urban
areas to rural areas is called ‘counter urbanisation’ or
‘reverse migration’ or ‘push back migration’. Although
it seems improbable, this trend was witnessed towards
late twentieth century in the developed countries of
North America and Western Europe. It is essentially a
feature of developed nations where the disparity
between urban and rural has vanished in terms of
access to resources of life and amenities. In fact much
of their rural areas may seem more urban than many
of our urban places. Modern communication and
transport systems, banking facilities, good housing,
television and internet networks make all locations
comfortable. The rural areas have an advantage in
terms of clean air, green surrounding and leisurely
atmosphere. Most of the cities and metropolis start
decaying after a point of time due to massive in-
migration. Thus the livability suffers, motivating many
to move back. Certain conditions must be satisfied
here, though. The rural areas must have a vibrant
Migration 9
economy where these people can find work, or the

reverse migrants may have their own businesses or
vocations which can be run from there.
In developing countries, the occurrence of this stream
of migration is negligible. In India, sometimes retired
people migrate to their native villages where they have
retained landed property and have social relations.
Urban to suburban Areas
More than urban to rural, intraregional migration
happens from urban centers to the suburban areas.
Suburbs are the adjoining region of a city within its
service area but not located inside it. These are rural
areas undergoing urbanization primarily due to their
proximity to urban areas. Mostly, there is development
of land for residential purposes to serve the rich and
middle class of the city. Congestion, over crowding,
high value of land and property and health hazards
inside cities drive many to move from the inner city to
suburbs. This is an invariable trend of over
urbanization.
Miscellaneous Migration
Migration is sometimes a result of government policy
to redistribute population inside the country to improve
the population - resource relationship. Often
governments develop new cities and industrial centers
deliberately in sparsely populated regions to decongest
the densely populated ones. For example, in Indonesia,
people living in Java are encouraged to move to the
islands of Sumatra and Borneo. Likewise, the USSR
government has encouraged people to migrate towards
far eastern areas and Siberia.
Migration in India
The Census of India, conducted every ten years
beginning from 1901, is the main source of data on
migration pattern and trends in India. It defines
migration in two ways: migrants by place of birth and
migrants by place of last residence. The former are
those who are enumerated at a village/town at the
time of census other than their place of birth while
the latter refers to those who are enumerated in a
place other than their place of immediate last
residence. By capturing the latest of the migrations
in cases where persons have migrated more than once,
this concept would give a better picture of current
migration scenario (Census of India, 2001)
Out of the total population of 1,028.6 million persons

in India at the 2001 Census, about 307 million (or
29.9 per cent) were reported as migrants in terms of
migration by place of birth. Out of these, females (216.7
million) outnumber males (90.4 million), mostly because
of change of their residence due to marriage. Those
who had migrated to the place of enumeration from
within the district or the state were about 181.7 million
and 76.8 million respectively. The balance 48.4 million
migrants were from other States or Union Territories
including about 6.1 million from abroad.
The data on migration by last residence shows that

the total number of migrants is 314 million (2001
Census). This number is more than the number of
total migrants by place of birth (307 million) because a
significant number of people who go out for various
reasons like education, agricultural labour, seasonal
migration etc, but return to their place of birth and
are found to be present at the time of enumeration
are not migrants by place of birth but migrants by last
Migration 11
residence. Out of 314 million migrants by last

residence, 268 million migrants (85 per cent) were
found to be from within the state. The duration of
residence details show that the migrations are evenly
spread. The number of migrants coming from outside
the state were 41.1 million (13.5 per cent).
The 2001 Census has analysed the Indian population

on the basis of duration of last residence (0-9 years) and
found that of the total number of internal migrants in
the last decade enumerated for migration streams
(97.5 million), 54.7 per cent (53.3 million) moved within
rural areas. About 21.1 per cent (20.6 million) moved
from rural areas to urban areas during the last decade.
On the other hand, 6.4 per cent (6.2 million moved
from urban areas to rural areas. The share of urban
to urban stream during the last decade is 14.7 per
cent (14.4 million) of the total migrants.
Thus, rural to rural stream is the most important in

India. The volume of migration from rural to urban
areas is much smaller. It shows that the pull factor is
not strong enough or it may be functioning in
metropolitan regions only (Bhende and Kanitkar, 2006).
The interesting feature is the preponderance of female
migrants in rural to rural migration. Table gives the
figures from Census of India 1991 on the migration
streams by inter-state and intra-state by place of last
residence in the last decade, and Table gives the
figures of Census 2001.
On the reasons for migration during the last decade
of census, of the total of 98.3 million internal migrants,
43.8 per cent (43.1 million) cited marriage, followed
by 21 per cent (20.6 million) who cited moving with
household. While 14.7 per cent (14.4 million) cited
work/employment, 6.7 per cent (6.5 million) cited
having moved after birth. Those who moved for

education comprised 3 per cent (2.9 million) while 1.2
per cent (1.1 million) moved for purposes of business.
About 9.7 per cent (9.5 million) cited other reasons for
migrating.
Marriage remains the pre-dominant reason for
migration among women. About 65 per cent of female
migrants (42.4 million out of total 65.4 million) cited
marriage as the reason for migration. Among men,
the most important reason for migration is work/
employment, with 37 per cent of total male migrants
(12.3 million out of 32.8 million) citing this reason. It
may be important to note that in case of intra-state
migrants, the majority of the migration is rural to
rural, due to marriage in case of females and in search
of work in case of males. In case of inter-state
migration, however, the predominant stream is rural
to urban areas.
Table : Trends of Migration Streams, 1991 (in percent)
Type of Intra State Migration Inter-State Migration

migration
Total Males Females Total Males Females
Rural to
Rural 69.33 49.67 75.77 28.40 18.02 36.71
Rural to
Urban 15.74 27.27 11.95 32.83 41.42 25.95
Urban to
Rural 5.84 7.68 5.23 7.17 6.67 7.58
Urban to
Urban 9.10 15.38 7.04 34.6 37.90 29.75
Total 100 24.69 75.31 100 44.48 55.52
Source: Government of India, Census of India, 1991

Migration 13
Table : Migrants by place of last residence indicating
migration streams (duration 0-9 years) 2001
Migration 2 001 (number) 2001 (percent)
Stream Persons M al e Female Persons M al e Female
Total Migrants 98,301,342 32,896,986 197,943 - - -
Intra state
migrants
Total 80,733,441 23,998,283 56,735,158 100.0 100.0 100.0
Rural to Rural 48,880,074 9,985,581 38,894,493 60.5 41.6 68.6
Rural to Urban 14,222,276 6,503,461 7,718,815 17.6 27.1 13.6
Urban to Rural 5,213,151 2,057,789 3,155,362 6.5 8.6 5.6
Urban to Urban 9,898,294 4,387,563 5,510,731 12.3 18.3 9.7
Unclassified 2,519,646 1,063,889 1,455,757 3.1 4.4 2.6
Inter state
Migrants
Total 16,826,879 8,512,161 8,314,718 100 100.0 100.0
Rural to Rural 4,474,302 1,759,523 2,714,779 100 20.7 32.7
Rural to Urban 6,372,955 3,803,737 2,569,218 37.9 44.7 30.9
Urban to Rural 1,053,352 522,916 530,436 6.3 6.1 6.4
Urban to Urban 4,490,480 2,201,882 2,288,598 26.7 25.9 27.5
Unclassified 435,790 224,103 211,687 2.6 2.6 2.5
International
Migrants
Total 740,867 386,461 354,406 100 100.0 100.0
To Rural areas 392,807 188,518 204,289 53.0 48.8 57.6
To Urban areas 348,060 197,943 150,117 47.0 51.2 42.4
Source: Table D-2, Census of India
Determinants of Migration
The discussion on migration streams has already given
us some ideas about the reasons behind migration. The
decision by an individual or group to migrate is not an
easy one and involves considerations of numerous
factors. Often the factors are overlapping and complex,

also varying from place to place, person to person and
time to time.
Broadly speaking, the factors determining migration can
be grouped under push and pull factors. Push factors
function in areas of out-migration, causing people to
move out of their present places of residence. Pull
factors operate in areas of in migration attracting people
to migrate. It is often not easy to differentiate between
push and pull factors since both operate in an area and
their perception varies from individual to individual.
Figure given below depicts this complexity involved in
the decision to migrate.
Complementary
factors (e.g. land)
Psychic returns
Government
policies (e.g. taxes)
Rural (e.g. urban
income amenities) Rural, urban
contacts
Social system (e.g.
decision unit)
Distance Education
Returns to contacts
Education Urban- rural migration
remittances
Information flows
Urban wage
Expected Perceived
Self-employed Urban present value of Migration
value of migration
Earnings decision
Income migration
Probability
of a job
Opportunity
cost
Cost
Costs of Psychic costs
of living (e.g risks, social
migration
adjustment etc)
Transport
cost
Fig. : A framework for analyzing the decision to migrate

Migration 15
Economic Push and Pull Factors

Economic reasons are the primary factors behind
migration. Jobs and employment avenues are not
uniformly available everywhere. When a society
modernizes through industrialization, it creates centers
of manufacturing production (read more in Unit 3) where
unskilled, semi skilled and skilled works are available.
At the same time, if agriculture is stagnating and not
able to provide productive employment to the growing
population, the surplus population would move to the
industrial work. Thus the staggering economy of an area
creates conditions of out-migration while the growth in
economic prosperity attracts in-migrants.
Kingsley Davis calls rural out migration as the
geographical manifestation of an occupational exodus
(Davis, 1977). As agriculture modernizes, labour is
displaced as there is less requirement of labour. At the
same time, newly growing manufacturing sector can
offer manual jobs to agricultural labourers. The result
is a mass exodus from agriculture to manufacturing
centers.
The availability of good agricultural land is the most
powerful economic factor in determining the magnitude
and direction of migration. Second are employment
opportunities. In general, areas where developmental
activities are going on and that are generating jobs and
employment would attract in-migrants.
Political Push and Pull factors
Political factors may prove to be significant in forcing
people to migrate. Forced international migration has
taken place due to two main reasons – slavery and
political instability (Rubenstein, 2002). These are tragic
instances in human history when people have had to
leave their homes and undergo immense suffering.

While slave migration was a feature of eighteenth and
early nineteenth centuries, migration of refugees is a
recent phenomenon. During colonialism, men, women
and even children were shipped from western coast of
Africa to the Western hemisphere as slaves to work in
the plantations in America and elsewhere. The ‘slave
coast’ in Western Africa is a reminder of those tragic
times.
Now, political push and pull occur due to ethnic conflicts,
wars repression or exchange of people across borders.
Newly independent states at times separate their people
belonging to different ethnic groups. Those caught at
the wrong side of a boundary may then be forced to
migrate. The United Nations calls ‘refugees’ as those
who have been forced to migrate from their home
country and cannot return for fear of persecution
because of their race, religion, nationality, membership
in a social group, or political opinion. The biggest mass
migration in history occurred during partition of India
in 1947 when around six million Hindus had to leave
Pakistan and an equal number of Muslims left India for
Pakistan.
Environmental Push and Pull Factors
People may also migrate due to environmental factors.
Scarcities of water, clean air, desertification of land,
loss of forests etc. compel people to move. Needless to
say, the abundant availability of these resources in a
place would act as pull factors. People move out from
flood and drought prone areas.
Social causes
Social customs cause certain kinds of migration. As
have seen earlier, women migrate from their parents’
residence to that of the husband after marriage. Or, if
Migration 17
the society is matriarchal, the husband moves into his

wife’s house.
Factors like socio-economic status, information network,
cultural contact, government policies, and desire for
social uplift also impact the decision to migrate. In
nineteenth century Britain, people with low socio-
economic status were most mobile. In India too, the
more mobile people are from low socio-economic class
because they often have to live in poverty and social
marginalization. Nowadays, skilled professionals are
migrating from place to place for better job prospects.
For instance, software professionals are migrating to
cities like Bangalore, Hyderabad and Gurgaon which
have emerged as the software magnets.
Information networks enable movement. Information
through education, cultural contacts and spatial
interaction increases the frequency of migration.
Communities bound by strong ties, customs and ancient
traditions are not as mobile as those who are socially
awakened, in contact with the rest of the world, and
with a desire of upward mobility.
Experiences of migration also act as a motivation to
move. Once mobile persons would not hesitate to be
mobile again if the need arise. Therefore psychological
factors also play a big role in the decision to migrate.
As mentioned already, government policies affect
migration patterns. A large number of internal migrants
are people displaced from their habitat by the
government to facilitate ‘developmental’ activities like
mining, building dams, setting up industries etc. Many
countries have strict immigration policies, especially
the advanced or developed countries like those in the
European Union, USA, New Zealand, Australia etc. to
check massive labour migration from third world
countries.
Technology can act as a factor in deciding mobility in a

population. People having advanced technology explore
new regions while less advanced groups are pulled
towards developed areas.
Demographic causes
Many demographic factors also play an important role
in the migration pattern. Of these, population pressure
is the main one. When a region becomes highly
populated disturbing the population-resource
relationship, out migration occurs. In India, extensive
out migration from densely-populated areas of Orissa,
West Bengal, Kerala, Bihar, and UP is mostly due to
an adverse population-resource ratio (Husain, 2005).
Age and gender are important factors too. Young adults
migrate much more than other age groups. More men
migrate from rural to urban areas than women. Old
people are seldom mobile.
The above discussion shows that it is not simple to
find out the exact factor affecting the decision to
migrate. Often, many factors interplay and overlap.
Consequences Of Migration
Migration has profound consequences on both the place
of origin and place of destination. These consequences
are important subject matters of study for
demographers and social scientists. We will discuss
these by grouping them as economic, environmental,
social, political, demographic and cultural.
Demographic effects
The main demographic impact of migration is in
redistribution of population: in the unequal
movement between two places, one place gains at the
cost of the other. In the short run, there is a direct
Migration 19
fall in population in the place of origin and rise in the

place of arrival. Moreover, as men predominate in rural
to urban migration, there is a male depopulation in
rural areas where as in urban areas, the proportion
of men to that of women increase. Again it is mostly
the young people who migrate. So, more of elderly
men are likely to be left in villages. These facts have
long term impacts. In the long run, the fertility rate
in place of origin goes down while in the place of
arrival it goes up. The average population in the
former being of older age group, death rate will be
more, while in the arrival place, it will fall. The age
and sex structure of the population and workforce
will bear an impact.
Cultural and Political Effects
With the movement of people, culture spreads by
diffusion. The migrant people bring their language,
culture, food habits and ideas to the host community,
resulting in a change in the cultural values of both
the groups. The evolution of multiculturalism in
European nations is a product of immigration of people
from Asia, Africa etc. and from various ethnic groups.
However, it may also cause problems of adjustment
and accommodation, especially when each group wants
to rigidly protect its identity. When people of different
faiths migrate and begin to live with those professing
other religions, then it either leads to a positive
interaction or presents a situation of conflict and
tension. An individual may feel ‘cultural shock’ while
moving from one cultural context to another.
The migration process has political effects too.
Countries such as Malaysia and Sri Lanka have
reported of such situations of conflict arising due to
in-migration of different groups.
Economic and Environmental Effects

Migration can cause an opposite impact on the economy
of places of origin and destination, or it can prove to be
beneficial to both. Population movement from a labour
surplus area to a labour scarce area will benefit both.
Remittances sent back home by migrants are a major
source of income for many in the places of origin, and
may lead to economic growth by investments. Many
migrants bring with them skills, knowledge, technology
and necessary capital to start ventures, creating
employment and wealth. If a small town industrialist
moves his business to a new city then people of the old
town will lose their jobs while those in the new city
will be delighted to get new jobs and income.
Migration of educated skilled professionals from poorer
countries to the rich countries has serious
consequences for the source countries. Called brain
drain, this phenomenon is in operation for past several
decades. For example, the migration of scientists,
professors, doctors, software professionals etc. from
countries like India to USA, UK or other European
countries. This migration does not alter the population-
resource relations but the quality of human resources
in the source regions suffer greatly. Their development
is further retarded. Not only this, migration of skilled
manpower can occur within a country. In recent years,
such movements have been seen leading to high paced
growth of some townships. For example, this is what
has been the case with Bangalore in India.
Migration can cause environmental problems in certain
areas. Rural to urban migration can no doubt reduce
pressure on rural areas but it also creates problems for
towns and cities which receive rural migrants. There
is growth of slums leading to clustered living, and a
pressure on urban resources. No doubt, this puts a strain
on the cities’ environment. Basic infrastructures such
Migration 21
as housing, water supply, drainage, transport and

welfare services all get affected. Cities like Mumbai,
Delhi, Bangalore and Calcutta have had a massive flow
of migrants which has caused many environmental
problems there.
Social Effects
The example related to India in the above section also
shows the social costs of migration. Poor migrants have
to live in poor housing conditions, accept menial jobs,
and live an insecure life in slums. Migration causes
family break ups as a result of which migrants suffer
emotionally as well as physically. The spread of
communicable diseases like HIV/AIDS have much to
with migration process
Theories of Migration
Migration has captured the attention of demographers
as well as sociologists because it is now considered as
the most important variable in population change. Many
have tried to derive laws that would be universally
applicable. In this section we shall discuss some of
these theories.
Ravenstein’s Laws of Migration
E.G. Ravenstein was the first to develop a theory of
migration deriving from generalizations from
empirical studies of population movements in
Britain, United States and some countries in North
Western Europe between 1885 and 1889. His laws are
general statements about migration process and about
migrants.
Fig : Distance Decay Model
(Source: Husain, 2005)
1) The majority of migrants go only a short distance

This ‘distance decay law’ suggests that most migrants
move short distances rather than long. This is true for
pre-modern times as well as modern times though
developments in communication and transport have
greatly facilitated long distance travel. People from
villages migrate to nearby urban places; those from small
towns to nearby big towns.
Figure shows the number of migrants to city X from the
districts A-G. The vertical axis shows the number of
migrants and the horizontal axis shows the distance
from the city X. As distance increases from city X, the
number of migrants also falls.
Migration 23
2) Migration proceeds in a stepwise manner

As we have discussed in earlier sections, people living
in a rural area in proximity to a growing town move to
that town. The space thus getting vacant in this rural
area is filled up by in-migrants from other remote rural
areas. The city pulls people from the growing towns till
all the people living in remote regions are drawn.
3) Migrants going long distances generally go to one
of the great centres of commerce or industry
This feature was evident during industrial revolution
in England. Now, in developing countries, the pull of
large cities is quite clear. In India, there is massive
migration to cities like Mumbai, Delhi, Hyderabad,
Kolkata, Surat and the like. This has been explained by
a theory called the gravity model which says that the
number of migrants is related directly to the size of
populations of the place of destination and place of origin,
and related inversely to the distance of migration. If
the population of the destination is large, its potential
to receive migrant population will be large. Similarly, if
the population of area of origin is large then the potential
supply of migrants is large.
4) Each stream of migration produces a counter
stream of lesser strength
This law can be validated both in the developed as well
as developing countries. For example, during the period
of slave trade (15 th-19 th centuries), there was also a
counter flow back to Africa. There were people who
became free from slavery and returned to their native
places. Moreover, migrants moving long distance to new
areas often move back.
5) Migration is a selective process

The selectivity laws are three-fold. These laws highlight
that under specific situations and at specific times, some
people or groups are more likely to migrate than others.
a) Most migrants are adults and families rarely
migrate out of their country of birth
It is a statement on international migration. The
observation related to adults is universal. But the second
part is slightly complex. No doubt it is easier for an
unmarried person to migrate than for a family to move
out of one’s country. This has also to do with strict
immigration laws by most countries which discourage
migration of entire families. But still due to cultural,
religious and political factors families migrate from one
country to another. Under specific circumstances
(partition, war, conflict, disaster etc.), families cross
borders. For example, the refugee migration between
India and Pakistan during Partition, Irish migration to
USA and Canada during the Great Famine of 1846 or
that of Palestinians to Syria, Lebanon, Libya, Kuwait
and Saudi Arabia due to conflict.
b) Women migrate more frequently than men within
their country of birth, but males frequently
venture beyond
This law of gender selectivity depends on level of
development in a country. In advanced countries, women
are much more involved in short-distance migration for
work and employment. Men usually form a part of long-
distance migration. In the developing countries, men
are predominant in all migration streams, short or long-
distance, national or international except the case of
India where women dominate rural to rural migration
due to marital reasons. But quite understandably the
Migration 25
rural to urban migration is mostly male migration.

Gender selectivity is therefore influenced by cultural
factors.
c) Towns dwellers are less migratory than rural
people
Ravenstein meant that people mainly move from rural
to urban areas. But this law also holds true for rural to
rural migration which is dominant in India. Rural people
experience the push and pull forces more frequently
and more intensely than urban people. We have
discussed it in the section on migration streams. This
feature is related to stages of economic development of
a country. In the late 18th century Europe, rural to urban
migration was predominant. In the developed countries
of today’s Europe, urban population is much larger than
rural population and cities have proliferated. Thus, much
of migration is inter-urban or intra-urban. There is also
a trend of people moving from urban to rural areas.
6) Large towns grow more by migration than by
natural increase
According to this law, rural to urban migration is the
main factor behind the rise in population of cities than
natural increase. Natural increase refers to the natural
rate of growth of population due to difference in birth
rate and death rate (fertility and mortality). Much of
the growth of metropolis in India such as Delhi, Mumbai,
Kolkata, Chennai etc. are due to influx of migrants in
search of employment).
7) The main cause of migration is economic
This law is generally accepted because push and pull
factors are mostly economic in nature. It is also true
for individual migration, internal or international.
However, the decision to migration can be a complex
one and involve factors other than economic. In some
situations, as we have seen, the main cause can be

political.
Lee’s Model of Migration
Ravenstein’s laws of migration focus largely on the
economic aspects and do not address non-economic
causes such as cultural, social and religious. Everett
Lee, a sociologist, presented a model in 1965 after
analysing the nature of push and pull factors and how
those influence people’s decisions of migration.
According to Lee, the process of migration is an outcome
of four sets of factors:
i) attributes of area of origin
ii) attributes of area of destination
iii) Intervening obstacles
iv) Personal factors
Both the places of origin and of destination have many
attributes. Individuals perceive these attributes
differently based on their personal features like age,
gender, marital status, socio-economic class and
education. Some attributes of present location are
considered positive for continuing their stay. Some are
seen as negative, motivating them to migrate. Others
are neutral and do not have any impact on the decision
to migrate. Similarly positive attributes in the potential
area of destination encourage migration while negative
factors discourage it. Figure given below shows the
simple model and Lee’s push and pull model of migration.
Intervening obstacles are both real and perceived, which
have to be overcome before migration takes place. Real
obstacles could be international boundaries (requiring
the migrant to obtain a passport and visa), cost of
migrating etc. Perceived obstacles could be the anxiety
of settling down in an alien place.
Migration 27
Personal factors like having children, elderly parents

etc. can substantially influence one’s decision. A family
without children or elderly parents can move easily
because there are less factors to be considered.
Personal factors can also be psychological such as
attachment to a place, proximity to family and friends
and so on.
Migration
(a)
Intervening obstacles
Origin + Positive factors

Destination
- negative factors
O neutral factos
(b)
Fig : Push-Pull mechanism: (a) Simple model (b) Lee’s model
Source: Witherick (1990)
Zelinsky’s Mobility Transition Model

Zelinsky propounded the ‘mobility transition model’ in
1971, called so because it links migration to the different
stages of ‘demographic transition model’. He established
a correlation between industralisation, urbanisation

and modernisation which affect demographic conditions
and migration decisions. He presents the trends in
volume of migration through the five stages of mobility
transition at four scales: International, Regional, Rural
to Urban and Urban to Urban (also intra-urban)
migration.
Fig. : Mobility Transition Model
First stage
It corresponds to the first stage of the demographic
transition model when the growth of population is low
due to high death rate and high birth rate. There is
very little development and the society is primarily
agrarian or pre-industrial. People live and die at their
birth places; there is little occupational diversification;
information is not easily available. There is very little
migration, only circulation of people.
Migration 29
Second Stage
When population increases rapidly due to falling death
rate and rising birth rate, migration also increases.
The growing population pressure on land, better
transport facilities, growing trade and increase in
information flow lead to increase in movement of
population. People also migrate from one country to
another (in fig.) from settled areas to new frontiers (in
fig.), from rural areas to growing cities (in fig.); from
towns to cities (in fig.) [Husain, 2005].
Third Stage
This stage of migration is transitional, corresponding
to that of the demographic transition model. As birth
rate starts falling and is accompanied by low death rate
population growth rate declines. In such a situation
international migration declines and migration to
frontiers also falls. However, rural to urban and urban
to urban movement increases.
Fourth and Fifth stages
With low birth rate and death rate, population growth
slows down and society also reaches advanced levels of
development. Migration mostly becomes inter-urban and
intra-urban because the country is now predominantly
urban. Some international migration of skilled and
unskilled workers occurs from less to more developed
countries. However, strict immigration laws prevent
large-scale international migration. Rural to urban
migration is reduced to a minimum as there is very
little rural area left in the country.
International Migration
We have already defined international migration. It is
not a new phenomenon although its volume and
frequency has vastly increased due to developments in

modern means of transport and communication.
International migration has greater significance in the
globalized world of today where movement of people is
being facilitated by countries. In fact, easier movement
of people across countries is one of the essential
features of globalization (read more on this in Unit 4).
International migration has happened through different

periods in history in different contexts. There have been
mass migrations of tribes and groups of people across
Africa, Caspian Sea, Central Asia, Europe, and East
Asia and so on in different waves. These happened in
the form of invasions and settlements and at a time
when the concept of national political boundaries did
not exist in the sense we understand it today. The next
phase of international migration occurred during
colonialism. It was a three-wave migration. One, the
movement of Europeans towards the ‘new world’, that
is, Latin American and North America, Atlantic Coast,
Africa, India, Indonesia etc. where Europeans came
either as traders or settlers. These areas were
accessible and had potential to cultivate exotic crops in
hot and humid climate. Thus, commercial production
of sugar, cotton, tobacco, etc. began in eastern coasts
of North and South Americas. However, the rising
demand for labour led to slave trade from Africa. There
was forced migration of black natives of Africa as slave
labour towards the Caribbean, Brazil, and southern USA
from western Africa. With the abolition of slavery, the
British and Dutch colonialists exploited poor Asian
population in drawing large scale labour from Asian
countries, including India. This kind of semi-slave trade
supplied labour to newly growing plantation agricultural
areas of Malaya, Sumatra, Sri Lanka, Fiji, Hawaii, East
African countries and Mauritius. It is seen that the
Migration 31
population in these nations comprise a sizeable section

of people of Indian origin.
The two big international migrations witnessed during
the last century were the migration of people after the
partition of India and migration of Jews from Europe
after the creation of Israel in West Asia.
After 1950’s, the waves of international migration has
tended to be towards the developed world in search of
better jobs and employment. The immigrants come as
skilled labour, service professionals (doctors,
technicians) and technology-based professionals,
especially in the information technology sector. Globally
the number of international migrants increased from
75 million in 1965 to 120 million in 1990, which is about
two per cent of the world population. According to the
estimate of UN Population Division, the number rose to
175 million. This has been in response to labour
shortage in many developed countries due to decreased
fertility rates and absence of skilled labour in many
countries like the oil rich Arab countries. The largest
immigration flows have been from Latin America and
Asia into North America and Western Europe.
International migration is also a crisis driven response.
A large number of people are living in territorial
boundaries of other nations as refugees. Involuntary
migration was approximately 14 million in 1996. But
the number of internally displaced people stands at 30
million in the world covering 35 countries. They have
fled their homes due to armed conflict, persecution,
disasters, etc. though they still remain within their
national boundaries. Of them, 16 million stand displaced
in Africa alone. Lakhs of people have been displaced
due to ethnic conflict in our neighbouring Sri Lanka.
Migration is controlled by government policies and
international regulations. The countries of Western
Europe, Australia and North America etc. have strict

immigration laws to regulate immigration that creates
problems for their population and society.
Conclusion
The study of internal migration assumes importance
as it is a crucial factor in social change. It is both an
individual as well as mass phenomenon. Various
migration streams – rural to rural, rural to urban, urban
to urban and urban to rural etc. operate in different
socio-historical contexts. While rural to rural and rural
to urban are seen in developing countries, developed
countries witness more of urban to urban migration.
This depends on the levels of industrialisation and
urbanisation. In India, rural to rural migration is the
predominant type, followed by rural to urban. Women
outnumber men in the former while men outnumber
women in the latter. The decision to migrate is often
complex and involves a number of factors. Push and
pull factors operate simultaneously on the minds of
potential migrants. The causes of migration are
numerous, so are its consequences. Ravenstein’s laws
of migration are derived from a set of general
observations. Lee’s model analyses the push and pull
factors with reference to intervening variables while
Zellinsky relates migration to stages of demographic
transition in his mobility transition model. International
migration has undergone change from the medieval and
colonial times and assumes significance in today’s
globalised world.
References
Chandna, R.C (2007): Geography of Population: Concepts,
Determinants and Patterns, Kalyani Publishers, Sixteenth
edition, New Delhi.
Migration 33
Husain, M. (2005): Human Geography, Rawat

Publications, New Delhi and Jaipur, Third Edition,
chapter 4
Rubensein, J. M. (2002): An Introduction to Human
Geography: The Cultural Landscape, Prentice Hall, New
Jersey, 7th edition
Trewartha, G. (1969): A Geography of Population: World
Patterns, Wiley and Sons, New York
Witherick, M.E. (1990): Population Geography, Longman,
London and New York, Chapter 4
Rural and Urban Continuum

and Urbanisation
* Tripti Bassi
Introduction
Urbanisation is the process of growth of cities and
towns, and a rise in population concentration in them.
In the previous chapter, you have read about the
movement of people between rural and urban areas.
We usually view rural and urban society as stark
opposites of each other. But there are elements of both
present in many places. It is all the more so when
places are getting linked to one another by
communication networks and movements, bringing the
urban and rural closer. There exists a continuum of
rural and urban in which places can be located.
Features Of Rural Society

We often use the term ‘rural’ in our conversations as if
it is a matter of common understanding. But the term
encompasses a range of meanings. It is best understood
when we think of rural in comparison to urban. A rural
society is primarily agricultural or pastoral, that is, its
inhabitants are engaged in primary activities. Although
there may be some cottage industries, these are not
well developed. Rural societies produce food and other
raw materials for themselves as well as for urban
centers which depend on them.
* Dr. Tripti Bassi, Delhi Unviersity, Delhi

Rural and Urban Continuum And Urbanisation 35
Rural settlements are usually small with low density

of population.This categorization analyses a rural area
based on demography and social organization.
Sometimes, the criteria of occupation, ecology and
culture are also used to define a rural area. Many
countries distinguish urban areas from rural areas
depending upon population aggregates of 1000 and 5000
inhabitants respectively. Sorokin and Zimmerman
(1929) in their celebrated work A Systematic Source
Book in Rural Sociology used occupation as the criterion
to classify rural and urban areas. Agriculture and cattle
rearing are activities of rural areas. But it is not simple
to use only occupation as the basis. Many try to define
rural on the basis of values and culture. However, such
categorization which is silent on the physical space is
often difficult to apply. On the basis of ecology, people
who are a part of “field” activities are said to be rural
and those participating in “centre” activities are referred
to as urban. Here, the field tasks include producing
food, raw materials etc. which need a high person-land
ratio (International Encyclopedia of the Social Sciences,
1972).
Box 1
The Census of India treats villages as rural places.
It does not define rural place as it does for urban
place. There is no distinction between small and
large villages. Based on population size, rural
places are classified as revenue villages, census
villages and hamlets for administrative purposes.
A village may be in the form of one or more
compact settlements. A compact settlement with
less than 500 persons is called a hamlet. If the
size of a settlement is less than 50 persons and
the number of dwellings is less than ten, then it
is a segregated group of habitations. Compact
settlements of 500 persons or more but less than

5000 persons are also referred to as villages.
According to the Census of India the basic unit
for rural areas is the revenue village which has
definite surveyed boundaries. The revenue village
may comprise several hamlets but the entire
village is treated as one unit for presentation of
census data. In unsurveyed areas like villages
within forest areas, each habitation area with
locally recognized boundaries within each forest
range officer’s beat, is treated as one unit.
The following discussion on elements of rural life is

based on the work of pioneering rural sociologist A. R.
Desai (1969) who has studied the characteristics of
Indian villages and drawn some generalizations.
Rural Economy: Agriculture is the main source of
livelihood for people in rural areas. Land is central to
rural economy and plays an important role in social
and economic life of rural people. Rural people are the
primary producers of food as well as raw materials for
industries.
A predominantly rural society like India relies on
agriculture for food and employment of majority of its
population. But many factors lead to extreme deprivation
in rural areas, like lack of irrigation facilities,
indebtedness etc. Hierarchical land relations add more
misery to the life of small and marginal farmers.
The standard of living of rural people is determined by
the distribution of wealth and the amount at their
disposal. It is commonly held that the standard of living
of rural people is lower than or similar to those from
lower strata of urban society. Some recent surveys
have however found urban poor to be worse off.
Rural Family: Family is the most fundamental unit of

rural society. It impacts ways of being of individuals as
well as the social/cultural life of groups. The traditional
patriarchal ‘joint family’ is mostly found in rural areas.
Rural sociologists have outlaid the features of this type
of family as distinct from urban family. Firstly, it shows
greater homogeneity, more stability and organization.
Parent-children, husband-wife bonds are strong.
Cooperation takes precedence over contractual
relations. Secondly, because rural family relies on
agriculture, there is division of labour among the family
members on the basis of age and gender. Family
functions as a unit of production. Thirdly, this type of
family exercise greater control over its members. Family
takes charge of education, health and recreation needs
of its members. Fourthly, power and authority are
according to status defined by gender and age. The
oldest male member enjoys authority over family
matters. He assigns work to other family members,
arranges marriages, and socialises the younger
members into agriculture as well as social life.
In comparison, the urban family is not as authoritarian.
However, the level of familial cooperation declines here
since family members are engaged in diverse
occupations and mostly stay outside home for work.
Agencies other than family such as schools, clubs etc.
take care of various needs of family members. Usually,
property is also held individually. There is very little
interaction among family members.
Caste system: Rural societies are tradition bound.
Hence, the hold of caste system is much more visible
in India’s rural society. One’s location in the caste
system determines one’s everyday undertakings as
well as position in economic, social, cultural,
educational, religious and political spheres. In the
economic life of rural people, caste affects relations of

production and consumption. Place of residence is also
determined by caste. Certain castes live in particular
areas of the village. Even when some members discard
their caste-based occupations, they continue to live in
the same place.
Caste also holds a rigid relationship with religion. It
also controls the political lives of people. Many a time,
it becomes a factor at the time of elections in making
a choice for representative.
Rural Political Life: Since India’s population is
predominantly rural, the majority of those who
participate in elections during elections are the rural
masses. Political power in rural society revolves around
the ownership of land. Rural people are politically
conscious and active. The panchayati raj institutions
and reservation for women in grassroots democracy
has brought awareness and activism in their political
life.
Rural Religion: Religion occupies an important place
in the lives of rural people who are mostly tradition
bound. According to Desai (1969), rural religion usually
comprises animism, polytheism, mythology etc. where
as urban religion is sophisticated focusing on wider
issues like knowing the final truth. Whereas rural
religion is ‘crude and concrete’, urban religion is
‘abstract’. Rural religion worships multiple gods and
goddesses while urban religion tries to centre on the
form of Brahma. By and large, rural religion is such
because it derives its thinking from a fear of nature.
Such a fear is absent from urban minds.
This generalisation can be subject to question. Often
urban people have the same characteristics as described
above. In fact, it is an important aspect in which the
rural and urban societies are interestingly very similar.

We will discuss this in the section on rural-urban
continuum.
Rural Education: Although the spread of education is
low in rural areas, it has undergone many phases.
Before the coming of the British, family elders used to
socialize their young into hereditary family occupations.
Education comprised of training in vocations. In some
places, the priestly class imparted knowledge though
pathshalas. Village festivals and other celebrations
rendered aesthetic education to the young. After the
arrival of British, some changes took place. Religious
education was replaced with secular education.
However, most of the rural areas were out of the reach
of formal education system. Now, education is gradually
assuming an important place in the lives of rural people
too.
Features Of Urban Society

Simply put, urban has to do with towns as rural has to
do with villages. However, when it comes to defining
‘urban’, the matter is not so simple. In the exercise of
census, various national governments use various
criteria to define it depending on their specific
attributes: population size, density, levels of
industrialization and development and so on. There is
no universal definition.
Nevertheless there are some common grounds. It is
often easy to recognize large cities but we face a
problem while distinguishing medium towns from
smaller towns and smaller towns from larger villages.
Similarly, degree of urbanisation is not fixed. Large
cities like Delhi, Mumbai or Kolkata are growing at
high rates, necessitating fresh classification of towns.
What once was a city now becomes a metropolis; the
town becomes a city and so on. Urbanisation is a

continuous process of growth of cities both in size and
number.
What is meant by the terms ‘urban’ and ‘city’? According
to Encyclopedia of Sociology (1992), urban includes ‘a
set of specialized, non-agricultural activities that are
characteristic of, but not exclusive to, city dwellers’.
City refers to ‘an administratively defined unit of
territory containing a relatively large, dense and
permanent settlement of socially heterogeneous
individuals’. Thus ‘urban’ is a set of attributes while
the city is the place whose residents possess these
attributes, though not exclusively.
Box 2
Definition of Urban Place
According to the Census of India 2001, an urban
place is as follows:
1) All statutory places with a municipality,
corporation, cantonment board or notified town
area committee.
2) Any place which simultaneously satisfies the
following three criteria:
i) A minimum population of 5,000;
ii) At least 75 per cent of the male working
population engaged in non-agricultural
activities; and
iii) A density of population of at least 400
persons per square kilometer (1,000 per
square mile).
3) Apart from these, the outgrowths (OGs) of cities
and towns have also been treated as urban,
under ‘Urban Agglomerations’. For example,
railway colonies.
Types of Urban Places

There are three types of urban places: metropolitan
areas, cities and towns- categorized on the basis of
population. Metropolitan area has a million plus
population (10 lakh or more). A city has a population
of one lakh or more while a town has less than one
lakh population. The towns are further subdivided
into different classes. Class I towns are the cities.
Class II towns have population between 50,000 and
99,999), class III towns (20,000 to 49,999), class IV
towns (10,000 to 19,999), class V towns (5,000 to
9,999) and class VI towns (less than 5,000).
Cities can be identified on the following basis:

demographic, economic, social, morphological and
functional (Ramachandran, 2007).
Demographic: The size (minimum 5000 persons) and
density (minimum 400 persons per square kilometer)
of population are the demographic criteria. Usually the
density of population of a city varies between 500
persons to over 10,000 persons per square kilometer,
where as rural population densities range between
200 persons to 1000 persons per square kilometre. But
demographic criterion is not enough.
Economic: The economic basis uses the occupational
criterion and gender criterion. Rural and urban places
are distinguished on the comparative importance of
agricultural and non-agricultural sectors. Activities of
secondary sector (manufacturing) and tertiary sector
(services) predominate in urban places. Also the
identification of urban place takes into account the
male working population. Places with 75 per cent or
more workers in non-agricultural pursuits are taken
to be urban.
Social: Urban centers can be identified by the social

composition of people. It has more diversity because
the population comprises of people from various regions,
religions and languages.
Morphological and Functional: Urban places have very
different lay out and constructions than rural places.
They have mostly brick and mortar buildings with many
storeys. Main streets are for vehicular and pedestrian
traffic. Public buildings like hospitals, courts, schools
are present in urban areas. Clustering of shops in a
marketplace is an urban phenomenon. Even small urban
places have a cluster of 20 or more shops. Villages
have a few separate shops in a marketplace.
Louis Wirth (1938) has put forward cultural dimensions
in identifying urban place. He describes ‘urbanism’ to
be intrinsic to urban places on the basis of large size,
high density and heterogeneity of urban population.
Large population size causes greater social
differentiation. People with various ethnic backgrounds
may live in a neighbourhood. At the same time, social
relations are usually segmental, impersonal and
transitory. Urban population is heterogeneous. There
is complex division of labour and high social mobility.
Some of the features of urban society are discussed
below:
Heterogeneity: Urban places are heterogeneous in
composition. City is called the ‘melting pot’ in which
people belonging to different cultures, traditions,
customs and identities merge. The city values individual
differences. The heterogeneity is also observed in terms
of the diversity of occupational as well as cultural life
pursued in cities in comparison to villages.
Anonymity: Urban society encourages anonymity. Due
to its large size and heterogeneous population, a city is
never able to accommodate primary contacts. Social

relations are formal, and superficial. To use a
sociological term, urban society is characterized by
‘secondary groups’ (formal, goal oriented relations, lack
of intimacy and little face to face contact) while rural
societies have more of ‘primary groups’ (emotional
attachment, fact to face contact, informal relations).
Formal mannerisms are followed in a city in a
superficial way. A person may live for many years in a
city without knowing many in his/her neighbourhood.
Social distance: Anonymity and heterogeneity cause
social distance among people. Urban people maintain
distance from other people and prefer to remain isolated.
Their interactions are mostly formal and segmented.
Genuine sharing of feelings is replaced by artificial
gestures. Urban people are so busy in their daily chores
that they live more as night dwellers than as
neighbours.
Overcrowding: As an urban place grows and attracts
large in-migrants, scarcity of residential place follows.
A large section of population in cities is unable to find
proper dwelling places. People who are unable to rent
a house due to high rent prices have to manage with
very small accommodation. Poorer people often have to
live in slums. The commercial use of land does not
leave any open space.
Coexistence of class extremes: Urban community has
high class extremes. Cities have both very rich and
very poor people. People indulge in conspicuous
consumption while there are many who are unable to
manage two square meals a day.
High pace of life: Urban life demands high level of
speed and energy. People work day and night,
encouraging others to follow them. There is stiff
competition to achieve progress and rise in life. As a

result, people handle many tasks which also lead to
stress, anxiety and tension. Urban life also encapsulates
much more insecurity than rural life. The environment
of urban areas is polluted and there is lack of fresh air
unlike rural areas.
Urbanisation As A Process
Urbanisation can be defined as the process of expansion
in the entire system of inter-relationships by which a
population maintains itself in its habitat (Hawley, 1981).
The most common measure of this process is in the
increase in the number of people at points of population
concentration, or an increase in the number of points
at which population is concentrated, or both. In other
words, urbanisation means the removal of rural
characteristics of a town or an area, a process
associated with the development of civilization and
technology. Demographically, the term denotes
redistribution of population from rural to urban
settlements.
Urbanisation is associated with industrialization and

the growth of industrial centers that attract large
scale population from rural areas previously engaged
in agriculture to work in manufacturing and service
related activities. But urbanisation is not a product of
industrialisation; it predates industrialisation by
centuries. Industrialisation has only accelerated the
process of urbanisation.
Urbanisation involves a complex process of social change

affecting both people and places. There is a progressive
concentration of people and activities in towns and
cities. Thus there is an increase in the general scale
of settlement. There is a structural shift in the economy
from predominance of agricultural activities to those

linked with secondary activities (e.g. manufacturing)
and tertiary activities (services, trade and commerce
etc.). It is accompanied by a structural change in the
population composition. Birth rates, death rate, rate of
migration undergo change. Urbanisation is also
characterized by cultural changes. There is spread of
‘urbanism’ beyond the boundaries of towns and cities
into rural hinterland, bringing change in consumption
patterns, life styles, attitudes and values.
Ramachandran (2007) highlights four processes

associated with urbanisation which are discussed here:
(a) the way in which new relationship grew among
people living in cities, and between those in cities and
villages as a result of social change; (b) the rise and
fall of cities due to changes in political order; (c) the
growth of cities due to introduction of latest productive
processes which also changed the economic nature of
cities; and (d) the effect on city due to the coming in of
migrants in search of livelihood and a novel style of
life.
Counter-urbanisation is a process reverse to

urbanisation. It is a social process whereby people
move from urban areas to rural areas or to a new town.
The former is a choice of people due to various reasons
such as overcrowding, rising land prices, pollution levels
and crime. The movement to new towns is sometimes
a result of government housing schemes.
Urbanisation as a Socio-Cultural Process
Cities are centers of attractions for diverse population,
often from various parts of the world. Unlike countryside,
cities are much more accommodative of foreign
influences and elements. Thus, cities act as melting
pots of people belonging to various ethnic, linguistic
and religious milieus. This has happened through

historical times. Urbanisation is a socio-cultural process
that changes the folk, peasant or feudal village societies
in terms of values and culture. In today’s world,
increased mobility between and within countries along
with information flows through mass media have led to
changes taking place both in rural and urban societies.
Urbanisation as a Political-Administrative Process
The growth of cities and urbanisation through historical
times has been associated with political structures of
the state. Various urban centers grew, degenerated,
and also disappeared due to rise and fall of dynasties.
For example, Pataliputra, Vijayanagar, Delhi, Bijapur,
Golconda, Madurai and Kancheepuram are cities that
prospered, perished and responded to political changes.
Many historical cities no more exist, although they
were the prominent cities of their times. The remains
of cities at Hampi in Karnataka, Malkhed and Kalyani
in Maharashtra, and Achichatra, Sravasthi and
Kausamabi in Uttar Pradesh suggest the presence of
urbanisation process in the past. During this period, of
all the cities the capital cities were considered most
important.
At the time of British rule, administration was the
main focus of the urbanisation process. The urban
centers of the past were reduced in significance in
comparison to the growing provincial capitals, district
headquarters and tehsil towns. This period witnessed
the growth of modern cities with civil lines and
cantonments. Many hilly and inaccessible places came
under urbanisation process when provincial capitals
and cantonments were moved to the hill stations like
Shimla, Darjeeling, Shillong and Oodagamandalam.
After independence, some new state capitals like
Chandigarh, Bhubaneshwar and Gandhinagar were
established.
Urbanisation as an Economic Process

Earlier, it was believed that the economy of the city
survives by drawing surplus agricultural produce from
rural areas. This was true of cities till medieval times.
Now, especially after the Industrial Revolution, cities
are the centers of production activities especially in
secondary goods and tertiary services. In fact, city has
a service area in catering to the rural population
finished goods and services in return for primary goods.
Thus, the countryside also depends on the city. Rural
people source from cities agricultural inputs like seeds,
fertilizers etc. and consumer goods like tractors,
bicycles, electrical goods and so on. Cities have emerged
as the centers of trade with other countries and the
world. This is especially so in the present world where
trade and commerce contributes a large share to the
national economy.
Urbanisation as a Geographical Process
It has been already mentioned that the urbanisation of
a country is indicated by the share of urban population
in the overall population. The size of urban population
can grow through natural growth or through rural to
urban migration. In fact, the fast rate of urbanisation
in Western Europe is a consequence of Industrial
Revolution in the second half of 18th century which
caused huge migration of rural people into the industrial
centers. Thus, the proportion of urban population
increased in many countries from 10 per cent to 80 per
cent. In India, this has not happened. The proportion of
urban population has increased very slowly. From
around 10 percent in 1931, it rose to 18 per cent in
1951, now standing at 27.78 in 2001. Since 1951,
larger cities (with a population of one lakh or more)
have grown faster than small towns. Much of this
growth has been due to spatial mobility of people.
With regard to urbanisation, three kinds of movement

are of importance. First, when people migrate from
villages to towns and cities (macro-urbanisation).
Second, when people migrate from smaller towns and
cities to larger cities and capitals (metropolitization).
Third, when the metropolitan population shifts to the
urban fringe villages (suburbanistion). We have
discussed these processes in the previous unit on
Migration.
If the process of urbanisation causes an expanse, then

how does it impact the society at large? Hawley (1981)
suggests that urbanisation has wide ranging effects:
‘Urbanisation is a transformation of society, the effects

of which penetrate every sphere of personal and
collective life. It affects the status of the individual
and his opportunities for advancement, it alters the
types of social units in which people group themselves,
and it sorts people into new and shifting patterns of
stratification. The distribution of power is altered,
normal social process is reconstituted, and the rules
and norms by which behaviour is guided are redesigned.’
Rural-Urban Dichotomy
We have discussed the features of rural and urban
society. You can see that they differ in many respects.
In fact there are many sharp contrasts provoking us to
categorize them as dichotomous entities. Social life in
the countryside moves and develops in a rural setting
while that in an urban area moves and develops in an
urban setting. Their respective settings considerably
shape rural and urban social life. A grasp of these
differences, often described as ‘rural-urban contrast’
or ‘rural-urban dichotomy’, is essential to understand
how different structures and life-processes of rural
and urban societies are to a great extent the
consequence of these differences in their respective

settings.
Rural urban contrasts are seen on the basis of
differences in occupation, environment, community size,
density of population, homogeneity and heterogeneity
of population, social mobility, migration stream, social
stratification, and social interaction, among others.
Sorokin and Zimmerman (1929) not only advanced the
‘occupational criteria’ to distinguish urban from rural,
but also enlisted some significant distinctions between
rural and urban social world. The following table
presents the differences between rural and urban
societies:
Criteria Rural World Urban world
Occupation Totality of people Totality of people
comprise of engaged principally
cultivators and in manufacturing,
their families. In mechanical
the community, pursuits, trade,
there are usually commerce,
a few professions,
representatives of governing, and
non-agricultural other non-
pursuits. agricultural
occupations.
Environment Predominance of Greater isolation
nature over from nature.
anthropo-social Predominance of
environment. man-made
Direct environment over
relationship to natural.
nature.
Size of Open farms or As a rule in the
community small communities; same country and
‘agriculturalism’ at the same period,
and size of the size of urban

community are community is much
negatively larger than the rural
correlated. community. In other
words, urbanity and
size of community
are positively
correlated.
Density of In the same Density of population

population country and at is greater than in
the same period rural communities.
the density of
population in
rural areas is Urbanity and
lower than in the density are
urban positively
community. correlated.
Generally density
and rurality are
negatively
correlated.
Heterogeneity Compared with More

and urban populations, heterogeneous
homogeneity rural communities than rural
of the are more communities (in
population homogeneous in the same country
racial and and at the same
psychological traits time). Urbanity
(Negative and heterogeneity
correlation with are positively
heterogeneity). correlated.
Social Rural
Differentiation and
differentiation differentiation
stratification show
and
positive correlation
stratification less
with urbanity.
than urban
Mobility Territorial, More intensive.

stratification occupational and Urbanity and
other forms of mobility are
social mobility of positively correlated.
the population are Only in the periods of
comparatively social catastrophe is
less intensive. the migration from
Normally the the city to the
migration current country greater than
carries more from the country to
individuals from the city.
the country to the
city.
System of Less numerous More numerous

interaction contacts contacts. Wider area
per man. of interaction system
Narrower area of per man and per
the interaction aggregate.
system of its Predominance of
members and the secondary contacts.
whole aggregate. Predominance of
More prominent impersonal casual
part is occupied and short-lived
by primary relations. Greater
contacts. complexity,
Predominance of manifoldedness,
personal and superficiality and
relatively durable standardized
relations. formality of
relations.
Source: Sorokin and Zimmerman (1929)
Rural -Urban Continuum

The notion that rural and urban societies are
dichotomous came under scrutiny as it was observed
that there were traits of rural in urban areas and
traits of urban in rural areas. Moreover, characterization
of rural and urban as two distinct worlds is untenable

because there exist networks and flows- of people,
goods, and ideas – between the two. As a result, a
constant interactive process is in operation. It was
accepted that there has always been close contact
between the rural and urban ways of life. So rural and
urban societies were no longer thought of as made of
clearly distinct attributes, but located in different
degrees of a continuum of these attributes. There
exists an ongoing gradation from rural to urban and not
rural-urban dichotomy so much so that there is often
no sharp demarcation to tell where the city ends and
the country begins.
The most influential study in this regard was made by
Robert Redfield (1930) who developed a continuum
starting from small tribal village (folk) to large cities
(urban). More urban meant being more secular,
individualistic, with greater division of labour and so
on. Thus there is a gradation of places or regions as
more urban or less urban.
The concept of ‘rural urban continuum’ is modeled on
Redfield’s concept of ‘folk-urban continuum’ based on a
study in Yucatan in early 1930s. He studied the city of
Merida, the town of Dzitas, the Maya peasant village of
Chan Kom and the tribal hamlet of Tusik. Redfield
described the ‘folk society’ as
‘…small, isolated, non-literate, and homogeneous,
with a strong sense of group solidarity. The ways of
living are conventionalized into that coherent system
that we call ‘a culture’. The behaviour is traditional,
spontaneous and personal. Kinship, its relationships
and institutions, are the type categories of experience
and familial group is the unit of action. The sacred
prevails over the secular, and the economy is one of
status rather than of market.’
In the folk society, secondary and tertiary tools are

relatively few as compared to primary tools. It is a
group economically independent of all others; there is
not much division of labour. The urban society is
considered to be the opposite of the folk society.
The concepts of folk society and urban society as Redfield
(1930) defined them are actually ideal types. These
may not exist in reality but they serve as benchmarks
to compare any society to determine its degree of
‘folkness’ or ‘urbanness’. This means that in reality, all
societies exist in different levels in a continuum between
these two ideal types. Redfield (1930) gives the example
of ‘peasant society’ as a point on the folk-urban
continuum that has attained higher degrees of urban
attributes but still retains much of the folk attributes.
He observes ‘peasant society’ as
‘showing folk-society and state of civilization more
nearly in even balance, for the peasant is that society
in which the moral order that prevails among primitive
societies still prevails, but now in a persisting
relationship with a technical order of developed tools,
trade and formal political administrative institutions.
The peasant village is a house, a stable structure,
along the historic road mankind takes between the
imagined polarities.’
In the Indian context, Redfield (1930) made an important
comment:
‘In civilization where tribal life also persists, as in
India and parts of Latin America, one may recognize
a structure of levels, tribal, peasant and urbanized
or manorial. This structure can be recognized as
making up the whole civilized society, while one may
describe the processes of change whereby a particular
community or individual is moved from one level to
the next.’
Ramachandran (2007), in his study on urbanisation in

India, examines the concept of rural-urban continuum
beginning from morphology of settlements- if and how
large settlements differ from the small ones.
Irrespective of their size, settlements are places where
human beings engage with one another. Moreover,
small and large settlements hardly differ with regard
to social structure. In India, for example, villages as
well as cities exhibit social stratification on the basis
of religious, ethnic or linguistic origins, jati or varna.
In fact, cities and villages are similar with respect to
the size and type of family systems- joint, extended or
nuclear. Social customs, marriage rules etc. are the
same irrespective of the size of the settlement. Even
demographic attributes like the number of children per
household or size of household do not vary much in city
and village. Many of the city residents are deprived of
the ‘urban amenities’ like piped supply of water, sewage
and garbage disposal, and live much like the rural
people. Huts and feeble houses that exist in slums of
Indian cities and in villages are much the same.
Moreover, small settlements grow in size to become
cities sooner or later. Therefore, the distinction
between rural and urban is meaningless or arbitrary
as “settlements fall along a continuum without any
distinct dividing line”.
The rural-urban contrast has almost disappeared in

developed countries whose population comprises of
almost 80 per cent urban people. Of the rest 20 per
cent who live in so-called rural settlements, most do
not pursue agricultural work because only a miniscule
5 per cent of workforce is engaged in farming. The farm
houses in rural areas have modern facilities like piped
water supply, electricity, telephones, internet, just as
one finds in an urban place.
In India, development of transport and communication

has brought inaccessible tribal areas in contact with
rural areas and rural areas with the urban areas.
Spread of education, governmental activities, intrusion
of market and cross mobility in these areas have started
a process of change in which there is evidence of both
rural and urban influence. Thus, rural-urban continuum
can be said to be getting more pronounced with
urbanisation and social change.
Rural-Urban Fringe
A related concept that has emerged is known as the
‘rural-urban fringe’. It is defined as an area of transition
between well-recognised urban land uses and the area
devoted to agriculture (Wehrwein, 1942). It is the result
of the city expanding itself beyond its build up areas
into the surrounding rural areas. It has a mixture of
urban and rural land uses- agricultural land, new
residential colonies, some factories, some commercial
establishments and brick kilns etc. It is like a marginal
area. The demographic features of a fringe society are
in between the rural and urban society. People pursue
both farm and non-farm occupations. The fringe villages
maintain their distinctness but also change in response
to this process. According to M.S.A Rao (2003), fringe
societies lie on the ‘folk-urban continuum’ with many
transitional features of ‘peasant-urban society’, and at
the same time exhibit certain unique features. Fringe
society grows in India due to the influence of
metropolitan areas on surrounding rural areas, unlike
the USA where it is an outcome of deconcentration of
cities.
Rao studied ‘Shamepur’ village on the rural-urban fringe

of Delhi to explore the features peculiar to a fringe
society. First, with regard to caste structure and
occupational mobility he found that while some had

given up their caste occupations, some still continued
their caste occupations without any change. Second,
competition based, urban, market-oriented economy
affected the cooperative social relations in the village.
Still, peasant values were valued over urban values.
Third, nuclear families increased in number. However,
joint family was still appreciated. He concludes that
fringe society serves as a tool to study urbanisation
process in such villages. Fringe society represents that
structural level in the continuum which is half way
between the peasant and urban society, exhibiting the
characteristics of peasant society in a more intensified
manner, with some new types coming in.
Conclusion
In this Chapter we discussed the features of rural
society and urban society, examining their contrast.
We also looked at urbanisation as a complex process
and a significant factor in change. Rural and urban are
not always distinct or dichotomous, but exist in
continuum. We discussed Redfield’s folk-urban
continuum and the validity of ‘rural-urban continuum’
modeled after Redfield’s contribution. The rural-urban
fringe offers some interesting features of this continuum.
References
Borgatta and Borgatta (ed.) (1992): Encyclopedia of
Sociology, Vol. 4, Macmillan Company, New York, pp.
2195-2211
Desai, A.R. (1969): Rural Sociology in India, Popular
Prakashan, Bombay.
Ramachandran, R. (2007): Urbanisation and Urban

Systems in India, Oxford, New Delhi, 17th edition.
Sandhu, R.S. (2003) (ed.): Urbanisation in India:
Sociological Contributions, Sage, New Delhi.
Sills, D. (ed.) (1972): International Encyclopedia of the
Social Sciences, Vol. 11 and 12, Macmillan Company
and Free Press, New York, pp. 580-588
Sorokin and Zimmerman (1929): Principles of Rural-
Urban Sociology, Henry Holt and Company, New York
Industrialisation
* Chinmoy Biswal
Introduction
If one compares rich countries with the poor ones, one
can notice striking contrasts in the levels of their
industrial development. The rich countries, described
as advanced or developed countries, are highly
industrialised while the poor countries continue to be
predominantly agricultural. This difference reflects in
spheres such as urbanisation, growth of cities, skilled
manpower, technological advancement, levels of
consumption of material goods and services, standards
of living, aspects of human development like health,
education, employment and occupational structure and
so on. Now developing countries are trying to emulate
the experience of developed countries in industrialising
for faster growth. ‘Industrialism’ has come to dominate
the thinking on development. We shall examine the
various dimensions of this process.
Concepts and Meaning

Industrialisation is a process of technological, economic
and social change which transforms a pre-industrial
society to an industrial society. This comes about by
use of inanimate source of power and machine
technology for mass production of goods. However,
industrialisation uses a huge labour force too, both
skilled and unskilled.
* Mr. Chinmoy Biswal, JNU, Delhi

Industrialisation 59
Economic activities are classified into three categories:

primary, secondary and tertiary. Primary includes
agriculture, fishing, forestry and mining, activities that
are geared towards production of goods and raw
materials for direct consumption as well as for
industrial use. Secondary activities are those that
process, fabricate and manufacture goods using these
primary products. Tertiary activities include activities
for distribution of primary and secondary products
through transport, trade and commerce, and also
include services. ‘Industry’ as a term refers to the
activities in the secondary sector concerned with
manufacturing. Because there are various
classifications of industry such as basic and key
industry, heavy industry, small scale industry, cottage
industry and so on, a precise definition of industry is
not always possible. But by and large, industry has
come to mean production/manufacturing in the factory
system, in which a large workforce is employed in a
factory for fast and voluminous production of goods.
Industrialisation, therefore, is the process of expanding
manufacturing activities in the economy.
An industrial society is one in which large scale
industry is the characteristic feature of production
(Aron, 1968). Since this type of society started after
the Industrial Revolution in England, other forms of
societies until that period, e.g. agrarian, pastoral and
tribal societies, are categorized as pre-industrial
societies. The term ‘industrial society’ was coined by
Saint Simon.
The distinction between industrial and pre-industrial
societies lies not only in production technology but
also encompasses many other spheres. The pre-
industrial society is traditional, occupied with primary
activities and has simple division of labour. The
industrial society, in contrast, is modern, and has

high level of division of labour and specialization of
occupations. Primary relationships, strong kin ties and
networks, familial bonds characterize the pre-industrial
society. In industrial society, there is preponderance
of secondary relations and goal-oriented associations.
There is secularisation of beliefs and attitudes; the
society is open with high level of mobility. The society
has achievement orientation where a person’s status
is determined by merit rather than ascription. Pre-
industrial society gives primacy to hereditary and
ascriptive identities and offers little scope for social
mobility. It is treated as a closed society.
Historical Context
Although the production of finished goods from raw
materials is not new, industrialisation as a historical
phenomenon is only two and a half centuries old.
Finished products used to be manufactured by artisans
and craftsmen since ancient times when metallurgy,
spinning and weaving, tools making, weaponry etc.
were practiced. What industrialisation did was to
radically shift their methods of production that changed
the very organisation of production as an economic and
social activity. Production now became a mass
enterprise, located in a factory, away from the home of
the artisan, where huge number of workmen came to
labour in exchange for cash wages.
The history of industrialisation is the history of
Industrial Revolution, a term made popular by Arnold
Toynbee in 1884 in his three lectures on the
transformation of Britain in late eighteenth and early
nineteenth centuries. The Industrial Revolution
beginning from around 1750 revolutionised production
and output in Great Britain. It started with cotton
textile mills in towns like Manchester and Lancashire

which came to be called ‘factory towns’. This revolution
came through innovations in production technology
driven by capitalist enterprise oriented towards profit
making. Prior to this, manufacturing activities were
mostly limited to cotton and woolen clothes making,
besides metallurgy. These were carried out through
the handicraft, guild or domestic (putting out) systems
(see box 1). Factory system brought an end to these
systems.
Box 1
Systems of Production
In the handicraft system, production was located
at the home of the artisan who bought raw
materials, produced the good and sold it himself
by bringing it to the market. A similar type has
been described by Toynbee. There were a number
of ‘small master-manufacturers’ in Britain who
owned their land, had some capital of their own
and combined the small freehold pasture-farms
with their handicraft.
The guild system came into being with the gradual
development of markets. A guild is an association
of craftsmen of particular trade such as weavers,
goldsmiths and ironsmiths (craft guild) or
merchants (merchant guild) based on mutual
cooperation for protection and advancement of
their professional interests, much like an interest
group. Guilds developed in all civilizations. These
were active in Europe between twelfth to sixteenth
centuries.
The domestic system or putting-out system was
widespread in seventeenth and eighteenth century
Europe in which the rich merchant-employers,
known as ‘putters out’, gave out work to labourers
in their surrounding villages. The workers received

raw materials, and returned the finished products
to the merchant-employers for a payment. It
differed from the handicraft system in that the
workers neither bought materials nor sold the
products themselves. The factory system mostly
put an end to this system, often considered to be
a form of proto-industrialization.
Toynbee has traced the causes of Industrial Revolution
and the factory system to some significant developments
in agriculture and manufacturing during the eighteenth
century. In the early part of the eighteenth century,
traditional agriculture underwent major changes in
Britain. The three most important features were the
destruction of the common-field system of cultivation,
the enclosure of common and waste lands, and the
consolidation of small farms into large. These changes
had severe implications for the rural population as the
number of farmers got reduced, and labourers were
driven off the land because it became impossible for
them to exist without their rights of pasturage for
sheep and geese on common lands. But these changes
brought distinct improvements for agriculture. There
were a number of advancements in agriculture which
included improvement in the breed of cattle,
introduction of crop rotation, invention of steam plough
and institution of agricultural societies. Agricultural
production increased substantially and this ‘agrarian
revolution’ played a significant role in the great
industrial change.
At the same time, some path breaking innovations

were made in the technology of textile manufacture:
Hargreaves’ “spinning-jenny” patented in 1770,
Arkwright’s “water frame” in 1769, Crompton’s “mule”
in 1779. The “spinning jenny” enabled an operator to
spin multiple threads in one turn. Crompton’s mule

produced fine strong yarn. The most significant invention
of the time was the Steam Engine of James Watt in
1769. This supplied a source of power to cotton
manufacture from 1785.
Meanwhile, there was a revolution in metallurgy by

the invention of smelting by pit-coal brought into use
between 1740 and 1750, and by the application of the
steam-engine to blast furnaces in 1788. This resulted
in massive growth in iron manufacturing in a very
short period
Further, there was the expansion of trade due to the

great advances in the means of communication. There
were massive developments in the canal system and
road network. In 1830, the first railroad was opened.
These improved means of communication caused an
extraordinary increase in trade and commerce to
distribute the goods in distant markets.
Industrial Revolution brought about a revolutionary
change in the economy. Agriculture ceased to be the
biggest economic activity, manufacturing took its place.
It has also been seen that with the progress of
industrialisation, the tertiary sector expanded rapidly
and gradually grew to be the most important activity.
The society which emerged from manufacturing to this
stage is called the ‘post-industrial society’. In industrial
Britain, the proportional contribution of manufacturing
increased rapidly while that of agriculture fell, but in
the next phase, the share of manufacturing grew less
rapidly and that of service sector such as commercial
activities, trade and services etc. gradually rose
(Hughes, 1972).
Conditions For Industrialisation

We shall discuss here the conditions necessary in a
society for industrialisation to happen and sustain.
You just read about the historical situation in which
industrialisation developed in England. Was there
anything specific to England at that time unlike with
other European countries?
Eminent historian Eric Hobsbawm (1990) holds that
the Industrial Revolution was not a sudden development
due to the steam engine, but it has to be seen in the
context of at least two hundred years of continuous
economic development that preceded it. According to
him, many of the usual explanations like the abundance
of coal, long periods of good harvests or climatic and
demographic factors are not useful. He gives primacy
to England’s escape from underdevelopment, possession
of a single national market, no shortage of capital,
highly developed manufacturing sector and even more
developed commercial apparatus as the favourable
conditions for the Industrial Revolution.
Industrialisation expands its own markets by producing
more and cheap, thus creating its own customers.
Rostow’s growth model (refer to box 2), assumes the
accumulation of capital for investment (under capitalist
industrialisation where private entrepreneurs play a
big role) as most important. Economies where the
state is predominant, for example in a socialist country,
it is the state that adopts measures for industrialisation
by supplying the capital itself. But certain common
conditions have to be met in either case. Like the
extensive remobilization of ‘factors’ of production —
land, labour, capital, organisation and
entrepreneurship, along with availability of cheap power
sources, high technological inputs, skilled workers and
a well developed market for the goods produced. Capital

can come from individuals who wish to put their wealth
into setting up industries or from the state which can
invest from its resources gathered through ‘forced
saving’, taxation and fiscal policies. Industrialisation
cannot happen in a pre-literate society with low levels
of technology, unless it borrows technology. Labour is
needed to be diverted from agriculture and related
activities where there is a surplus. Skilled labour is
essential to handle machinery, which will come through
training and skill development. So investment in
education is also a requisite for industrialisation..
Box 2
Rostow’s Stages of Growth
W.W. Rostow (1971), an economist, has proposed
a model of growth in which industrialisation is
the chief component. According to him, societies
pass through the following stages in sequence:
1) Traditional society, (2) Preconditions for take
off, (3) Take off, (4) Drive towards maturity, and
(5) Age of high mass consumption.
The ‘traditional society’ devotes a very high
proportion of its resources to agriculture. The
technology is primitive, social structures are
hierarchical; and behaviour is governed by
customs and traditions. Per capita income is
low, raw materials are exported and finished
goods imported. The economy is mostly
subsistence type. If and when this traditional
economy finds resources for investment through
a rise in per capita income, it meets the ‘pre-
conditions for take off’. The pre-conditions for
take off were developed, for example, in a clearly
marked way in Western Europe of late 17th and
early 18 th centuries. ‘Take off’ needs these
‘preconditions’ to be fulfilled such as investments

have to be made and infrastructure developed
for industrial growth. After this, the ‘take off”
stage is one of transformation of the economy
and society. There is rise in investment from
about 5 per cent of national income to 10 per
cent, and rapid growth of industries and
manufacturing. This period of industrialisation
is “the great watershed in the life of modern
societies” that causes cities to grow, population
to move and incomes of people to rise. This
stage will last for about 20 years.
After ‘take off’ stage follows a long period of
sustained progress, the economy drives to
extend investment up to 20 per cent of national
income for ever increasing outputs. Technology
improves constantly, new industries accelerate
and older industries level off. There is diversified
production to focus on technologically more
refined and complex production processes. For
example, a shift in focus from the coal, iron and
heavy engineering industries to machine-tools,
chemicals, and electric equipment. This maturity
can be said to have come after about 60 years of
the beginning of take off.
In the age of high mass consumption, the leading
industries shift towards durable consumer goods
and services. There is high per capita income,
high share of urban population in the total and
most workers are employed in offices or skilled
factory jobs. The economy is fully developed
industrially and every person has access to all
available goods and luxury.
Source: Rostow, W.W. (1971)

Wilbert Moore has examined if certain institutional

structures and psychological attributes are necessary
conditions for industrialisation. Individual rights over
land and assets must be recognized as these material
factors of production need to be transferable from one
hand to other - from supplier to manufacturer to
consumers. A labour market needs to be in place
where a labourer should be free to sell his/her labour
in exchange for wage rewards. A transferable labour
would allow the labourers to move from one sector of
the economy to another by better monetary wages,
breaking free from traditionally fixed hereditary
economic roles. The new capitalists in the mid-
eighteenth century were engaged in a tussle with the
feudal landlords over this question. In medieval Europe,
under Feudalism, the farm labourer (called serf) was
tied to his land and his lord. He could not move out of his
land or to another landlord even if he wanted to. This
created hurdles in the way of labour supply for
industries. So it was in the interest of capitalists,
capitalism and industrialisation that this old feudal
mode of production broke down, which it eventually did.
Although industrialisation (Industrial Revolution)
started off with the strong support of British state,
advocates of capitalism call for minimising the role of
state in economic affairs according to the principle of
laissez faire, under which the direction and magnitude
of industrialisation are to be determined by
entrepreneurs. However, state’s role is vital in
formulating developmental policies and their
implementation. It can gather capital from domestic
and foreign sources, make necessary changes in social
organisation, put in place legal frameworks, build
infrastructure, arrange for education and human
resource development etc. for faster and widespread
industrialisation.
It has also been said that a society in which motivations

for development are high would go for industrialisation.
This is so because industrialisation makes a faster
use of natural resources as raw materials and creates
wealth abundantly and quickly. The national incomes
of industrial nations go far up in comparison to less
industrialised ones. This is one reason why
governments across the globe have endorsed
industrialisation as an essential ingredient of
development planning. Thinkers like Karl Marx and
Emile Durkheim have held industrialisation to be
inevitable in the process of societal development.
“Entrepreneurship” has also been treated by many as
a requisite for industrial development. Though all people
desire better lives and more wealth, only a few would
take the risk of setting up industries. So, along with
skilled labourers, leaders of industry have also to be
there for industrialisation.
There is also a structural transformation associated
with this phenomenon. If industrialisation has to
progress, then a massive relocation of labour must be
made possible from agriculture to industry, until it
attains a stage of maturity. After that, it is not viable
to employ more labour but to shift them to trade,
services and professions instead. This ‘structural
transformation’ is brought about by industrial
development by creating new avenues for use of labour.
Industrialisation And Social Change

Industrialisation transforms the economy and society
by affecting a range of social institutions, creating new
classes of population and changing prevalent values
and attitudes. The advent of modernity in the medieval
world was mainly due to industrialisation which
changed the face of modern Europe and the world.
Expansion of Market
With industrialisation, monetary exchange comes to

dominate economic and social relationships. Monetary
exchange replaces exchange in kind and gradually
there is a monetisation of the economy. After Industrial
Revolution, traditional networks of economic exchange,
like the jajmani system in India, patron-client system
in medieval Europe etc. were seen to collapse with the
freeing of labour for industrial work in return for
monetary wage. Family and community grew less
important in provision of services, giving way to more
specialised, hired services. Financial transaction and
market evaluation permeated every sphere of life.
Occupational Changes
Industrialisation brings in secondary occupations into

pre-industrial economies which have mainly primary
occupations. Industries need a variety of labour, with
each workman performing a specialised task. In
addition, the goods produced need to be sold in the
market. So it leads to expansion of trade, commerce,
transport, communication and other commercial
activities through the “linkage effect”. Also there is
spread education, infrastructure and public services
that necessitate new professionals to mind these
occupations.
Moore (1972) has traced three processes of occupational

change towards industrialisation: sectoral relocation,
specialisation, and bureaucratisation. There is a shift
of workers from agriculture and other pre-industrial
activities to industrial and commercial employments,
a process which is continuous and an accelerating
one. Higher wages in manufacturing and skilled work
motivates workers to relocate themselves from less
productive to more productive ones. Along side, there
is increasing subdivision of work into smaller units

with increase in skills, much as Durkheim (1893) said
of “complex division of labour” with increasing
specialisation. So in a traditional society, an artisan
would produce an entire good, but in an industrial
society, he/she would produce only a part of it. This
specialisation comes with demand for higher skills
and experience.
Industrialisation also creates large administrative

organisations where specialised workers are employed
as managers. This ‘bureaucratisation’ is considered
inevitable in the rational organisation of workforce,
according to Max Weber.
Demographic Changes
The demographic impact of industrialisation is in all
areas- on fertility, mortality and migration. As has
been experienced in highly industrialised countries,
a demographic transition takes place after
industrialisation begins. There is reduction in mortality
due to better living standards, public health measures
and advancements in medical treatment. Fertility does
not immediately come down; in fact it rises a little
initially, leading to a rise in population. Later, it too
comes under control and falls faster than mortality
decline, causing the population to grow at a slower
pace, then just be able to replace itself and finally
decline. Many highly industrialised countries such as
Sweden, Norway and Finland etc. have attained this
final stage of demographic transition. Other countries
are passing through different stages of the transition
depending on their levels and periods of
industrialisation. India is said to be in the early third
stage of this transition with birth rates falling but still
widely off the low death rate.
Added to this phenomenon is the massive spatial

redistribution of population. As industries are set up,
often near mines or sources of raw materials, new
townships emerge where workmen live. These industrial
towns draw labourers from rural areas and skilled
manpower from other townships or cities. As a result,
there is large scale rural to urban migration.
Urbanisation
Although urbanisation (refer to Chapter 2) did not start
with industrialisation, and in fact, predates it by
centuries, modern urbanisation has taken place mostly
after Industrial Revolution. New cities have come up in
industrial towns like Manchester, Liverpool and
Lancashire, in England, or Rourkela, Bhillai, Bokaro,
Jamshedpur, Navi Mumbai, Surat, Mangalore etc. in
India. This is not to say that urbanisation is not taking
place outside these industrial centers. In fact, the rate
of urbanisation in newly developing areas generally
exceeds the rate of industrialisation, as measured by
employment in manufacturing (Moore, 1972).
However, these cities are not independent of the
industrialisation process at the macro level. Many cities
come up due to proliferation of tertiary activities like
trade, commerce and services that depend on industrial
and manufacturing products – for sale, transport,
infrastructure, water, sewerage, public health measures
etc. The availability of better life, occupations and
readymade services motivate people to move to cities
from countryside. This is, to say the least, a fall out of
industrialisation which supplies both goods and services
and also provides higher incomes in the hands of people.
Cities and urbanisation, therefore, are linked to the
process of industrialisation.
Changes in Social Structure

Industrialisation has brought far reaching changes in
the society through its impact on family and kinship
systems. The break-down of the ‘extended’ family of
the agrarian society into numerous ‘nuclear’ families
is one inevitable consequence. In pre-industrial
societies, economic life is mostly organised around
agricultural production. Land is the main resource,
held jointly by a family or an extended kin group,
operated jointly with the labour contribution of all
family members, men and women. Property rights on
land are not individual and land is not transferable.
With industrialisation, though, new occupations pull
out many into factories and related activities, often
necessitating a movement away from the family home
in the village to the workmen’s ghetto in industrial
townships. So, extended families break into smaller
units and family ceases to be a unit of production. It
only operates as a unit of consumption of industrial
goods and services in the urban set up.
Since family is the basic social institution which is
vital for any individual, many scholars have studied
the effects of industrialisation on it. The foremost
among them, Talcot Parsons (1959) views the “isolated
nuclear family” to be the norm in industrial societies.
This “isolated” nuclear family is structurally isolated
because it does not form an integral part of the wider
system of kinship relationships. This family has fewer
roles to play. Schools, religious institutions, hospitals
etc. take away most of its functions. It ceases to be a
unit of production and remains a unit of consumption
William J. Goode (1963), too, argues that
industrialisation undermines the extended family and
larger kinship groupings. The high rate of geographical
mobility in industrial societies decreases frequent
contact with kinfolks. The relatively high levels of social

mobility take the upwardly mobile members away from
the others and thus weakens kin network. Goode,
however, considers industrialisation not to be the sole
reason behind this drive towards nuclearisation, but
only an accelerating factor.
We have already discussed that in pre-industrial

societies, kinship is the organizing principle of social
life. It regulates production and distribution of goods
and services. Social and economic roles often blend
together in the family and kin network. Industrialisation
breaks down these networks and privileges secondary
associations over kinship.
Status Changes
Industrialisation brings an alteration in status and

authority patterns in society. With the erosion of kin
network, traditional authority and status structures
lose their place. Achieved status due to education,
skill and experience take over ascribed status based on
caste, age and gender. Bureaucracy takes the place of
aristocracy and gerontocracy.
Changes in Gender Relations
Within the family, too, gender relations undergo change.

It is generally believed that the status of women gets
enhanced as they start gaining access to education
and outside work. The breaking of extended family also
adds to their freedom as women have better bargaining
power and share in decision making in the nuclear
family.
However, this view has been criticized by some feminist

scholars who think that the status of women has gone
down with industrialisation. According to Ann Oakley,
the consequence of industrialisation for women has

been the “emergence of the modern role of housewife
as the dominant mature feminine role.” In pre-industrial
agrarian societies, the women of the family share
production work in agriculture as well as household
industry (spinning and weaving, crafts etc.) As factory
replaced the family as the unit of production, women
were restricted to their homes while the men went out
to do factory work. In England, between 1750 and 1841,
women were employed in factories but still continued
to do traditional textile work at home. With restrictions
on child labour from 1819, children became dependent
and women had to take up child care and supervision
roles, which restricted them at homes. From 1841-
1914, women’s access to factory work was gradually
restricted through many legislations. From 1914 to
1950, women’s employment in factories increased but
it coupled with the continuation of house wife role.
With this institutionalisation of the house wife-mother
role it is felt by same that, the status of women has not
grown but diminished (Oakley, 1974).
Political Changes
Although industrialisation can happen under any kind

of political regime- democratic, communist, monarchy-
the experience of western industrialised nations tells
us that it leads to changes in the political organisation
through democratistaion. It is accompanied by
enfranchisement of the public and rise of the welfare
state, although this is by no means necessary or
automatic. Industrial work gives the workers a chance
to organise around common interest in trade unions
and demand concessions from industrialists as well as
the state for their rights. Welfare state is a response to
meet the demands of the working class and the entire
population by providing education, health care and social
security free of cost. With the rights of enfranchisement

and democratic polity, traditional authority is
undermined in favour of a universal legal system and
modern bureaucratic organisations based on rationality.
Changes in Religion
The Industrial Revolution was the product of

renaissance and the new scientific spirit that
challenged the hegemony of the Church as the source
of knowledge in medieval world. With the progress of
industrialisation, secular values dominate the social
life and the role of religion diminishes. The cognitive
function of religion is taken over by science. Religion
loses its function of social control.
Critiques of Industrialisation
Industrialisation has had its share of critics from its
very beginning. Of late, environmentalists and ecologists
have started voicing their opposition to unregulated
industrialisation for its unchecked exploitation of
earth’s limited resources at a fast pace by help of
modern technology. Besides, in populous countries like
India, there is opposition from agricultural communities
and tribal people who lose their land and habitat to
industries. In this section, we discuss these critiques
following Webster’s (1997) outline.
Populist Critiques
In the beginning of Industrial Revolution,

industrialisation had met with stiff resistance from
the landed aristocracy who felt threatened with the
new power of industrialists and their fast accumulation
of wealth. But it had to meet with resistance from the
lower classes too, the prospective workforce, who
protested against the plight of workers, their working
and living conditions, and low wages (see box 3). The
social disorder that followed the Industrial Revolution
in England- slums, squalor, poverty and epidemics -
led the Socialists and Liberals of the time to view
industrialisation with open suspicion and instead argue
for small scale industrial enterprise situated in rural
communities under the communal control of ‘free and
equal’ workers.
This critique did not have much success because

manufacturing had entered a critical phase of mass
production with incomparable efficiency. Never before
were materials goods produced in such scale or speed,
or reached as much population as it did now.
Industrialisation had by now established itself as an
ideology, a model of growth oriented development,
whose alternatives did not seem lucrative. There
were attempts by countries like Tanzania and China to
adopt a rural socialist based growth approach with
primacy to agriculture. But there could not be evolved
an alternative approach which could provide the kind
of growth that industrialisation did.
Ecological Critiques
Industrialisation uses raw materials for production

whose only source is the Earth whose resources are
finite and non-renewable, except only a few. The high
rates of growth in industrial societies are by virtue of
their consumption of earth’s resources at a much faster
rate, which puts enormous strain on Earth. This
raises questions about the sustainability of this
industrial mode of life. The enormous pollution is a
threat to forests, land, water, and air, indeed everything
that is vital for the survival of humankind. So, the
biggest critiques of industrialisation now are ecologists
who argue that further expansion of industrial
development would mean global environmental disaster.

But this ecological concern over resource use has had
little impact on industrial economies.
Their second critique that industrialisation would bring

a disaster by alarming levels of pollution has cut some
ice with governments of the world. But there is no
unanimity, and developed industrialised countries are
not ready to cut the levels of emission of pollutants at
the expense of decelerating their growth rates.
Developing countries demand that the big industrialised
countries must check their industrialisation first, after
which they would follow suit. There seems to be an
acceptance that industrialisation is the model of growth
and development which cannot be sacrificed at any
cost.
A third critique, somewhat in the lines of Marx’s theory

of alienation, is that the technology of industrialisation
is ‘dehumanising’, In other words, industrial
development has destructive impact on nature and
also on culture of human society. The assembly line
production system instituted by Henry Ford of the USA
(termed by many as the Second Industrial Revolution)
is cited as a typical example of this dehumanizing
impact.
Critiques from Alternative Technology
Technological innovations were the driving force behind

industrialisation in the late 18th century. Since then,
technology has advanced rapidly. But it seems to be
like a “mindless juggernaut, destroying the
environments, obliterating human values, and assuming
domination over the lives and minds of its subject”
(Reich, 1979). There have been efforts to organise
production around alterative technology which will be
‘simple, cheap, small and non-violent’. Schumacher’s

Intermediate Technology Development Group tried in
this line to develop new forms of technology appropriate
for third world countries which are capital scarce,
labour surplus and have finite resources. Schumacher’s
“technology of production by the masses” is supposed
to be eco-friendly as well as people-friendly. His
prescription for small scale industrial enterprises is
four-fold:
1) Workplaces should be near people’s living areas.
2) Workplace should not need large capital

investment or costly imports to operate.
3) Production techniques should be simple so that

demands for high skills are low.
4) Production should use local material and be

oriented for local use.
Schumacher’s ideas (1999), similar in many respects

to those of the populist socialists, can be seen to have
influenced many development plans such as small
dams, small hydroelectric plants, biogas plants etc.
But no third world country has abandoned
industrialisation in favour of intermediate technology,
which has yet to emerge as a viable developmental
alternative to technology-intensive industrialisation.
Gandhi’s Critique of Industrialisation
One of the foremost thinkers of our times, Mahatma

Gandhi was a believer in sustainable development and
wise use of earth’s resources. “The Earth has enough
for everyone’s need, but not for anyone’s greed,” he
said. Gandhi considered modern civilization as immoral
and its craving for material satisfaction in consuming
more and more goods as an evil. He held

industrialisation and machines as the vehicles of this
evil. He stood for everything an industrial society is
opposed to. To mass production, Gandhi’s response
was self-production to meet one’s own needs. To
machine technology, his reply was simple technology
like handicraft, and to machine power, one’s own sweat
and labour. Progress for him meant not advancement
in material wealth, but in term of moral and spiritual
growth.
Gandhi’s reinvention of ‘Charkha’ (the spinning wheel)

was not just a nationalist statement against foreign
cloth, but also one in which a simple cloth making tool
stood opposed to large mills that drove the Industrial
Revolution in Britain. His model of development was
village centered in which “cottage and village industries”
will meet the needs of people, provide employment to
the villagers, to women, and ensure the minimum
needs of the poor population. Cottage and village
industries symbolized a bottom-to-top approach of
industrial development where industries do not mass
produce and make consumers out of people, but
production is a social enterprise to meet the needs of
people. That way, there is much less stress on earth’s
resources and ecological costs are also avoided. It also
brings self-reliance in the people and economy.
Schumacher’s ‘small is beautiful’ model described in

the proceeding section was clearly in the line of
Gandhi’s ideas. Gandhi’s ideas have been enshrined
in the Constitution of India under the Directive
Principles of State Policy. Now, with the evils of
industrialisation surfacing prominently and criticisms
mounting, people are looking up to Gandhi’s model in
search for alternative paradigms of industrial
development.
Box 3
Excerpts from The Condition of the Working
Class in England
Friedrich Engels was one of the earliest to
observe the living conditions in the slums of
the industrial town Manchester. The son of a
German manufacturer, Engels made these
observations after first hand visits to the living
quarters of workers and published them in a
book The Condition of the Working-Class in
England in 1844. Here are a few extracts:
“Manchester lies at the foot of the southern
slope of a range of hills… Here one is in an
almost undisguised working-men’s quarter, for
even the shops and beer houses hardly take
the trouble to exhibit a trifling degree of
cleanliness. But all this is nothing in
comparison with the courts and lanes which
lie behind, to which access can be gained only
through covered passages, in which no two
human beings can pass at the same time. Of
the irregular cramming together of dwellings
in ways which defy all rational plan, of the
tangle in which they are crowded literally one
upon the other, it is impossible to convey an
idea.
….Such is the Old Town of Manchester, and on
re-reading my description, I am forced to admit
that instead of being exaggerated, it is far from
black enough to convey a true impression of
the filth, ruin, and uninhabitableness, the
defiance of all considerations of cleanliness,
ventilation, and health which characterise the
construction of this single district, containing

at least twenty to thirty thousand inhabitants.
And such a district exists in the heart of the
second city of England, the first manufacturing
city of the world. If any one wishes to see in
how little space a human being can move, how
little air - and such air! - he can breathe, how
little of civilisation he may share and yet live,
it is only necessary to travel hither. True, this
is the Old Town, and the people of Manchester
emphasise the fact whenever any one mentions
to them the frightful condition of this Hell upon
Earth; but what does that prove? Everything
which here arouses horror and indignation is
of recent origin, belongs to the industrial
epoch.”
Source: Engels (1892)
Industrialisation In India
Before the coming of the British, India had a flourishing
handicraft industry whose products had a worldwide
market. Prior to the Industrial Revolution in England,
which incidentally started off in the textile sector,
Indian textiles, silk, woolen and cotton cloth were
chief items of export to Europe, West Asia, East Africa
and the Mediterranean. These indigenous industries
were the strength of the Indian economy whose
backbone was, of course agriculture. What British rule
did was a systematic deindustrialisation in the
traditional manufacturing sector, handicraft and
cottage industries. The Industrial Revolution in England
needed an export market to survive, and India as the
biggest colony supplied the ready market. It also
supplied the new materials and finances needed for
the Industrial Revolution in England. It was in the
interest of British Empire and its modern industry to

destroy India’s thriving rural industry.
The Colonial Phase
The colonial phase of industrialisation began in India

in the mid-nineteenth century with the building of
railways and coal mines, and the setting up of jute and
textile mills in Bengal, Bombay (now Mumbai) and
Madras (now Chennai) presidencies. Jute Industry
flourished in Bengal and the establishment of the first
jute mill was set up in Rishra near Kolkata in 1859.
Cotton mills had been set up earlier in Kolkata in 1818
but the industry took off only with the coming up of a
mill in Mumbai in 1854. These industries spread to
Ahmadabad in present Gujarat state, where cotton
textile mills are predominant even on this day.
Although many of these early industries were British

owned, Indian entrepreneurs also took up the task.
Some from the trading community of Marwaris, who
were operating as merchant-capitalists in Calcutta
(now Kolkata), set up jute mills in Bengal while the
Parsis set up cotton mills in Bombay (now Mumbai) in
the 1850’s. Indian bankers in Ahmedabad were the
entrepreneurs establishing cotton mills during the same
period (Oonk, 2004).
Iron and steel industry was a relatively late starter.

The first successful attempts to manufacture iron and
steel were made in Barakar in 1857 to produce pig
iron. But the systematic large scale production began
after Jamshedji Tata set up the Tata Iron and Steel
Company (TISCO) at Jamshedpur in 1907. Later came
up Indian Iron and Steel Company (IISCO) at Burnpur
in Bengal in 1919. The first public sector undertaking
started from 1923 at Bhadravati in Karnataka.
All these developments were occurring in the backdrop

of expansion of transport and communication networks
with the beginning of railways in 1854. Large scale
mining of iron ore, manganese and mica also added to
this industrialisation process. This pattern went on till
about 1930s. The Second World War contributed
enormously to the growth of cement, sugar,
shipbuilding, dyes and beverages. Heavy chemical
industry grew from 1941. Engineering industry like
machine tools, electrical equipment, alcohol synthetic
resin and plastic industries also flourished with
massive expansion in the 1970s. From 1990s, there
has been a growth in consumer goods industry,
information technology and telecommunications.
Three Models of Industrialisation
Industrialisation as the means to economic progress
had captured the imagination of leaders much before
independence. But there was sharp opposition to this
model. We have discussed how Gandhiji’s ideology was
sharply opposed to industrial modernity. But as
independence approached, many looked up to the West’s
history of development as a model for India’s future.
The most impressive aspect of that history was the
unparalleled prosperity and security that
industrialisation had delivered to the peoples and states
of the modern West.
According to Khilnani (1997), there were three currents
which favoured an industrialisation path to economic
development, each with its own idea of India’s future:
the industrial capitalists and businessmen, the
technocrats, and the leftwing in the Congress party. In
the mid 1940s, leading businessmen and industrialists
like Sir Purusottam Das Thakurdas, JRD Tata, G.D.
Birla, Sir Shri Ram prepared a document “A plan of
Economic Development for India” popularly known as

the “Bombay Plan”. This envisaged India’s
industrialisation to be driven by expanding the textile
and consumer industries in western India particularly
in Bombay and Ahmedabad. They viewed only a limited
role of the state, primarily in providing infrastructure,
investing in expensive industries and protecting Indian
industries from foreign capital.
The technocratic view, led by civil servants like Sir

Ardeshir Dalal and engineer M. Visveswarya,
disfavoured this leverage to private capital. Instead,
they said, industries have to be willed, planned and
systematically developed. This planning for industrial
development would be done by an economic council of
expert economists and businessmen.
The left-wing in the Congress, led by Pandit Jawaharlal

Nehru and Subhash Bose, in sharp contrast to the
view of industrialists, held that the future Indian state
should commit itself to industrialisation by building
the “key industries” or the heavy industries essential
for building other industries as well as Indian self-
defence. These heavy industries will be in state
ownership.
After independence, the Nehruvian model of economic

development was based on this view of industrialisation.
India adopted a planned economy model in the Soviet
style, where five-year plans would specify the targets
and the means to achieve them. This was also called
a “mixed economy” model in which private sector
industry could coexist with public sector industries. As
a result, the basic and heavy industries remained with
the state while most of the consumer goods industry
lay in private hands.
Industrialisation in Plan Periods

The First five year Plan (1951-560) gave emphasis to
agriculture, not industry, because the country was
facing food shortage. Only 2.8 per cent of the plan
expenditure was allocated for industry and minerals.
The emphasis was on enhancing the capacity of existing
industries rather than setting up new ones. The thrust
on industrial development came with the Second Plan
(1956-61) and Third Plan (1961-66) when emphasis
was laid on developing basic and heavy industries in
which the public sector will play a key role. Three new
state owned steel plants came up during the second
plan at Durgapur, Rourkela and Bhillai. The Third Plan
gave priority to basic capital and producer goods
industries, with special emphasis on machine building
so that India’s growth is self-sustaining.
The next major boost to industrial development came
during the Sixth Plan (1980-85) which marked the
second phase of industrialisation in independent India.
Special attention was given to capital goods industry
and electronics industry.
Industrialisation post-reforms
The third phase came in 1991, when the government
of India liberalised its industrial policy by removing
entry barriers, de-reserving many areas meant for the
public sector, allowing foreign investment and working
out deregulation measures. These reforms have cut
the monopoly of public sector enterprises, led to sell off
of PSUs into private hands and disinvestment of state
stakes in many industries allowing for private sector to
dominate. Very recently, a new industrial model called
the Special Economic Zone (SEZ) has come up. These
SEZs located in various parts of the country are
proposed to enhance manufacturing for faster economic
growth. There are protests that setting up SEZs in
agricultural lands will divert land from agriculture,

endangering the country’s food security. There are
contentious issues of compensation and rehabilitation
of the displaced agricultural population. Besides, there
is the question of balanced industrial development.
A Post-industrial Society?
Of late, there has been some talk about a transition
from an industrial society to a post-industrial society
by moving from a manufacture-based economy to a
service-based economy in which tertiary activities would
dominate. The proponent of this theory, Daniel Bell
(1973) views that as industrialisation matures, it
transforms into a service-based economy with new
occupations emerging and new structures of social
and political order coming up. The post-industrial society
would be characterised by domination of white collar
workers, professionals, technocrats and scientists.
University and research institutions will grow in
prominence because “knowledge is the axial principle”
of the society. Theoretical knowledge will be privileged
over technical knowledge. Ritzer (2000) says that the
post-industrialism would create new relationships
between scientists and their products, and give better
control over technology. Bell believed that the post-
industrial society would solve many problems of
industrial society such as alienation of worker,
dehumanisation and impersonalisation. Although it is
difficult to say if there exists a post-industrial society,
Bell gave the West European countries and the USA as
examples.
Conclusion
In this Chapter, we discussed the various dimensions
of industrialisation beginning from its origin and
development. We looked at industrialism as the
dominant paradigm of development in today’s world

and its critiques. Industrialisation has brought a fast
and large scale social change in many societies,
particularly the advanced countries. We have also
discussed India’s industrial development from colonial
to present times. Industrialism remains the dominant
paradigm of development in today’s world.
References
Hobsbawm, E. J. (1990): Industry and Empire: from 1750
to the Present Day, Penguin Books, London, First
Published in 1969.
Sills, D. L. (Ed.) (1972): International Encyclopedia of the
Social Sciences, Vol. 7, The Macmillan Company and
Free Press, New York, pp.252-270.
Webster, A. (1997): An Introduction to the Sociology of
Development, Palgrave Macmillan; 2nd Edition.
Mishra and Puri (2006): Indian Economy, Himalaya
Publishing House, New Delhi, 24th Edition.
Globalization
* Chinmoy Biswal
Introduction
Globalization is a buzzword of our times. There is every
chance that you have read about it from newspapers or
heard about phrases like ‘global village’. You also see
frequent visits of heads of governments and top officials
across countries and the signing of bilateral agreements
on an unprecedented scale. International brand soft
drinks, clothes, vehicles, mobile phones are available
in every nook and corner of the world. It is far easier
to wear branded clothes or perfumes, drive imported
cars and travel to any country than ever before. One
can be located in a small town ‘call center’ in India and
work for a foreign multinational company. We are
witnessing a time when spaces between people and
between nations are reducing. Interactions between
countries are rising, business is becoming limitless
and the peoples of the world are coming closer in
making the world ‘global’. Simply put, this is what
globalization is.
One may say that trade and commerce, travel and
tourism, movement and migration of people from one
part of the globe to another are age old phenomena,
nothing new. European traders came to India, Asia
and Africa; travelers like Heun Tsang, Fa Hien, Ibn
Batutah visited places far off from their homelands,
and conquerors went to distant lands to extend their
territories. So the world was always global.

Globalization 89
However, there is a difference. As the Human

Development Report of 1999 notes, the present day
globalization is characterized by (1) new markets, (2)
new technology tools like internet, cellular phones
etc. (3) new actors like the World Trade Organization
(WTO) with authority over national governments, the
multinational corporations with more economic power
than many states, the global networks of non-
governmental organizations (NGOs) and other groups
that transcend national boundaries, and (4) new rules
- multilateral agreements on trade, services and
intellectual property, reducing the scope for national
policy (HDR, 1999). What we refer to as globalization
here is a post-1980’s phenomenon. Although it
manifests primarily as increasing trade and commerce
between countries, it is not limited to that. Globalization
is more than the flow of money and commodities— it is
the growing interdependence of the world’s people.
Globalization is a process integrating not just the
economy but culture, technology and governance (HDR
1999). It is an economic, political, social and cultural
phenomenon, aided by rapid developments in
communication and information technology. As a social
work professional, you will encounter the various
dimensions of globalization and its impact on different
societies.
Dimensions of Globalization
Globalization, according to Giddens (2001), can be seen

as a process of social change that has brought distant
and different parts of the world into inter-relation with
one another. It started off as an economic phenomenon
but now cuts across different spheres. We discuss
these in this section.
Economic phenomenon
As an economic phenomenon, globalization stands for
greater integration of national economies into a world
economy (global economy) in which the market
predominates. It is an expansion of economic activities
across the political boundaries of nation states. It is a
process of deepening economic integration, increasing
economic openness and growing economic
interdependence between countries in the world
economy. Three related aspects of economic openness
constitute the most important dimensions of
globalization. These are openness to international trade,
international investment and international finance in
a world integrated more tightly through improvements
in communication technology (Bhaduri and Nayyar,
1996).
The economic dimension is evident most clearly in the
‘global market place’ which comprises the production
as well as distribution of goods on a global scale. Much
of the consumer goods that we purchase have originated
in the ‘global production system’, as it is sometimes
referred to. Production becomes globalized in that
different components of a product are manufactured in
different countries or places, and later assembled
together. Multinational companies have branches all
over the world to produce different parts with the
cheapest material and labour costs. They have supply
chains and marketing networks to sell them all over
the world. Consumers everywhere are now surrounded
by such global products (McMichael, 1996).
The second is the globalization of finance. As a market
phenomenon, globalization invokes smooth flow of
finance capital from any part to the other, with no
restrictions or regulations on its movement by any
country. You must be reading in newspapers about the
Globalization 91
stock markets in India booming with investments and

the sensex reaching new heights every day. Much of
these investments are by foreign companies and
individuals. Investors are now able to buy shares of
companies which invest in numerous ventures in
various countries. So, a factory in Jharkhand may
have investors from Germany and Ethiopia.
Globalization as an economic process rides on the
backs of liberalization and privatisation. We will discuss
more on this in the section on liberalization.
Social Phenomenon
As a social phenomenon, globalization refers to the
process of integration which is intensifying world wide
social relations and interdependence among nations
and people for creation of a global society. This is as a
result of adoption of economic liberalization and market-
oriented models of economy, and also due to the
developments in communications and transport. It has
deep implications on our lives at various levels. It has
brought the distant global world to our local world by
making available goods and services and also taken
our local products to the global market. It has brought
societies and communities into a sphere of interactivity
through trade and commerce, movement of people and
delocalization of production. There is also a growth of
global institutions like World Bank, Multi National
Corporations or Trans National corporations. There is
exchange of cultures, ideas and systems of knowledge
between various parts of the world like never before.
Political phenomenon
As a political phenomenon, it transcends political
boundaries and calls for moving beyond nation states
to transnational governance in which international
governmental organisations dominate. Thus there is

undermining of the authority of nation state.
Globalization can be thought of as the relaxation of the
authority of the State in favour of the Market. As you
know, the State is the dominant institution in all
societies, whether industrial or agrarian. Globalization
erodes the dominance of the institution of State. The
State can no longer decide its economic priorities all
by itself because it operates in the context of an
integrated global market where other nations are also
participating. The boundaries of nation-states are
becoming redundant due to deregulation of export and
import and due to transnational corporations playing a
major role in the economies of many countries.
Globalization also entails the coming together of the
states for efficient management of resources and their
development. This means a loss of power of the State
and rise in power of other institutions like market,
financial organisations and non-governmental
organisations.
Cultural Phenomenon
Globalization is leading to homogenization of cultures
and rise in consumption of global goods across cultures.
So you can have Thai food in US, ‘Kentucky Fried
Chicken’ in Mongolia and ‘idli sambhar’ in Italy. You
may be dancing to pop music while a French man is
listening to Indian classical music. No doubt, this has
resulted in exchange of ideas and thoughts the world
over.
Contested Phenomenon
You may have seen pictures of protest marches in
various countries against economic globalization.
Whenever the G-8 summit or the World Trade
Organisation (WTO) meets are held, thousands of people
Globalization 93
from all over the world gather to voice their protest

against globalization and liberalization. According to
them, globalization is a process of new economic
domination by the West and advanced industrialized
countries over the Third World and poor nations. The
coming together of nations, relaxation of trade barriers
and deregulation of economies are meant to facilitate
the rich and developed nations to access the vast
markets in the Third World to sell their products. This
is highly disadvantageous to the latter that end up
losing their economic sovereignty. Therefore,
globalization, according to them, is a new name for
economic subjugation of poor nations to the few rich
and powerful nations, and a few trading blocks. Going
by the Human Development Reports, there seems to be
some valid grounds to this discontent.
Globalization has become a thorny issue which has
polarised opinions into staunch support as
comprehensive denunciations (Dreze and Sen, 2006).
There are also those who view globalization as offering
a variety of opportunities to all but with the risk of
marginalizing those who cannot benefit from it. David
Held (1999) has summarised these views in three
district categories: ‘hyperglobalisers’ (pro-globalization),
‘sceptics’ (traditionalists) and ‘transformationalists’
(middle path).
The hyperglobalisers see globalization as a very real
phenomenon that is of benefit to all. They say increasing
trade and commerce between countries will bring
prosperity to all. The sceptics doubt the potential of
globalization in removing poverty and making all nations
and peoples prosperous. According to them, the
globalized economy is controlled by the USA and Europe,
not equally by all nations. Globalization is a buzzword
used by corporate capitalists of the first world to
monopolise global business and subordinate poor nations

in a neo- colonial structure. Pursuing a middle path,
transformationalists perceive globalization as having
the power to transform the realms of economy, polity,
society and culture and individual lives by setting up a
new world order, but also a risk of marginalising some
sections in the process.
What Drives Globalization

What processes have been behind the increased rate
of globalizationin today’s world? Giddens (2001)
identifies information technology, end of the Cold War,
rise of international institutions and growth of
transnational corporations to be the factors behind
increased globalisation.
Proliferation of Information and Communication
A global world would not be possible without
improvements in communication. For greater integration
and interconnectedness, people across places must
have rapid information flows and fast communication
networks. While people in medieval world travelled in
ships, the last century has seen rapid advancements
in aviation, linking every part of the world. More
significant are message and information flows, bringing
in an era called “information age”. It is now possible,
at the ‘click of the mouse’, for someone sitting in
Washington to chat with and send instant messages,
data files to another person located in a far off place.
Besides, this possibility in increasing contact has led
to the growth of a number of ‘global communities’
whose members interact through internet. Often the
issues are not limited to national borders. People get
involved in each other’s lives and come forward to voice
their concern for humanity in parts of the world they
Globalization 95
may never have seen. People across the globe sign

petition against war or terrorism or violation of human
rights, or for humanitarian assistance for disaster
victims, or to take part in public action against
displacement of people due to development projects
and so on. This is also contributing to some extent in
defining people’s identity. Many call themselves not
citizens of any nation but citizens of the world.
International/Global Institutions
The integration of countries under globalization has
been facilitated by various international and national
modes of governance. You must have read about the
League of Nations which was formed after World War II
to settle disputes between nations on a common platform
so that they do not go to war. This League later developed
into what we today know as the United Nations
Organisation or simply the United Nations (UN).
Similarly, the European Union (EU) of the 1990s, or
the ASEAN (Association of South East Asian Nations),
the SAARC (South Asian Association for Regional
Cooperation) of which our country India is a member,
or the NAM (Non-Aligned Movement) are common
grounds for nations in different regions. Giddens
considers the EU as the pioneering form of transnational
governance because the member states have to
relinquish a certain degree of their national sovereignty
to be a part of the union. They follow a common currency,
common laws, and have a common European
Parliament, as also common foreign policy.
Globalization is also being driven by inter-governmental
organisations (IGOs) and international non-government
organisations (INGOs). Intergovernmental organizations
are bodies whose members come together to take part
in an activity or address an issue that is of common
concern and therefore transnational in scope. They
range from the Universal Postal Union to space

exploration to global warming. International Non-
Government Organisations are non-government bodies
that address issues concerning the humanity at large.
Their activities are wide ranging -environmental
protection, human rights, arms control, drugs control,
poverty alleviation and education, issues that are truly
global. Greenpeace, Amnesty International, World
Wildlife Fund, International Coalition for Food
Sovereignty, the Earth Institute etc. are working for
creating global consciousness and addressing global
issues.
Business Without Borders: Trans National
Corporations
Globalization is driven by transnational corporations
(TNCs) who operate on a global scale. Many of the TNCs
prefer to call themselves multinational corporation
(MNCs) as this characterises their true operation. As
already discussed, they operate in what is known as
‘global market’. In fact, much of the international trade
is done through these MNCs who undertake trade on
behalf of governments.
What facilitates such operations by TNCs? As we saw,
the information and communication technologies (ICTs)
have brought a revolution in the financial sector as
well. Banks, financial institutions, stock markets
operate through the ‘click of the mouse’ and it is easy
to shift money from one corner of the globe to the other
in seconds. This is not without danger, however. The
flight of capital and investments from an economy in a
matter of a few seconds can cause the economy to
collapse, as happened in case of the South East Asian
currency crisis in late 1990s. It is said that the “Asian
Tigers” were reduced to “Asian Lambs” within a few
seconds.
Globalization 97
Changes in World Political Scenario

The world witnessed big changes in global polity in the
decade of the 1980s. After the fall of the USSR in late
1980s, and end of cold war, there came an end to two
blocks of power – the US and western countries
representing the capitalist block, and the USSR and
East European countries like the former Czechoslovakia,
Poland, Hong Kong, Estonia, Latvia etc representing
the socialist block. Many new countries emerged out of
this block, willing to come closer to the west European
countries and the US for trade, commerce and
investments. This brought an end to the isolation of
the previous era, and now all countries are gradually
coming together in an integrated world.
Liberalization
The overriding component of globalisation, as we have
seen, is economic. An understanding of Liberalization
is therefore essential to understand the globalization
process.
Liberalization essentially means opening up of an
economy to free trade and competition of private sectors
by removing controls and regulations, and restricting
the role of the State or government in economic affairs
to the minimum. It believes that the market forces
should have greater role in deciding the aspects of the
economy through the laws of demand and supply, and
that there should not be any hindrance in the way of
doing business. Where as capitalist countries have
always followed liberalization to a great degree, in the
context of socialist economies or mixed economies
which give primacy to economic planning by the central
State, liberalization is seen as a ‘reform’ measure to
open their economies and give more leverage to the
market.
Privatisation lies at the heart of such a measure. It

means reduction of the role of government and of
public sector to give more scope to the private sector.
Privatisation measures would include sale off of public
assets (public sector industries, corporations etc.) to
private hands, and disinvestment (reducing the stake
of government in public sector undertakings) to
encourage more private ownership. The underlying
thinking behind liberalization and privatisation is that
competition between private players brings efficiency
in resource allocation, production and distribution of
goods and services in the economy, while the state’s
intervention distorts it. Privatisation is a part of
internal liberalization measure. External liberalization
means removal of non-tariff barriers to imports,
lowering of import duties and allowing foreign
investment in the country’s economy.
Historical Context
Liberalization and globalization have come into being
in specific historic circumstances. We have already
stated that a global production system was in existence
during colonial period. But no one talks of that period
as that of globalization. The political economic
developments after the end of World War II facilitated
the coming of the globalization era. We shall discuss it
here.
End of Colonial Mode of Production
A production system quite similar to that of global
production system existed during the colonial era. It
has been called the colonial mode of production. The
colonial mode of production was a precursor to
globalization in that it was its first instance of
integration of colonial economies with the world
economy as suppliers of raw materials and consumers
Globalization 99
of their products. This mode brought countries of Europe,

and those in Africa, Asia and Latin America (today’s
Third World) closer in a global system.
Colonial mode of production also saw the emergence of
finance capital and the export of capital from rich
nations (colonial powers) to the colonised nations of
third world. This was called export of finance capital
from the ‘Centre’ to the ‘Periphery’. The rise of joint
stock companies, public limited companies, quest for
free trade and deregulation were its chief features.
You may recall that the British East India Company
had pleaded with the then Nawab of Bengal for a cut in
taxation and import duties, besides urging for free
trade with native businessmen.
Debt Crisis
With the colonies gaining independence by 1950’s and
1960’s, the structure of world economy got transformed.
Many of the newly formed post-colonial governments
tried to reverse the trends of colonial governments by
introducing social sector investments, infrastructure
building and manufacturing industries. But these newly
independent countries did not have the necessary
capital to meet their ambitious development projects.
These were made available to them through loans from
the advanced industrialized countries (Najmi Kanji,
1991). The loans would be repaid through currencies
available from export of primary commodities, or through
capital flows from the developed to the developing
counties that included private direct investment (now
called foreign direct investment or FDI) and loans
made by government programmes or guaranteed by
government agencies.
With the oil shock of 1974-75 and resultant rise in
interest rates in early 1980s, the capacity of debtors to
service the debts (i.e. making interest payments)

drastically declined. Access to further loans too became
more difficult. Gradually more and more share of their
export earnings went in debt servicing.
As the towering amounts of debt servicing grew into a
debt crisis in the early 1980s, when countries like
Brazil and Mexico threatened to default on their debt
repayments, International Monetary Fund (IMF) and
the International Bank for Reconstruction and
Development (World Bank) stepped in to bail them out.
But they put certain conditions in the form of structural
adjustment policies to be implemented to these
economies to make them conducive to free market
operations for higher growth.
Structural Adjustment Policies
These structural adjustment policies (SAP), as the
name implies, were concerned with changing the
structure of the economy over the medium term
through measures to improve exports. The “reforms”,
as they are called, included institutional reforms to
reduce the role of the State and make the economy
more market-oriented, abandoning centralized
planning. A typical adjustment package would include
(a) cumulative devaluation of currency to discourage
imports and encourage exports, (b) reduction in
government expenditure in the social sectors through
privatisation and withdrawal of subsidies, (c) trade
liberalization through the abolition of price and import
controls, and free entry for multinational corporations,
and (d) privatisation of government enterprises and/or
retrenchment of workers, wage freezes and increase
in prices (Najmi Kanji, 1991).
These structural adjustment policies are called the
measures of liberalization and privatisation, which
Globalization 101
would lead to globalization. Advocates of these

three measures - Liberalization, Privatisation and
Globalization - say that they help to create a world
where each nation plays according to its advantages
and achieves high growth through trade. This growth
“trickles down” to poor nations and poorer populations
in the course of time.
Impact of Globalization
The impact of globalization has been felt everywhere
and in all spheres. No country institution or individual
can keep aloof from this megalith that touches upon
every sphere of life. Its effect can be seen on
agriculture, industry, service sector, markets and
finances (economy), on states and government
institution (politics), on social mobility, social institution,
family, social networks (society), cultural aspects, on
ecology and environment and on technology - practically
all systems and subsystem of the society. Moreover, its
impact has been felt by all social groups, albeit
differentially. While the educated, upper and middle
class has seen to be benefit from it, the poor,
marginalised sections, indigenous people, workers,
peasants and women have been alienated from its
fruits. It has also increased the inequality between
nations. In this section, we shall examine is impact of
the process on various spheres of life as well as on
various social groups.
On Economy
If anywhere the impact of globalization has been mostly
felt then it is in the sphere of economy. Therefore,
many choose to call this process “economic globalization”
instead of simply globalization (Vanaik, 2001).
Globalization has set in motion the demise of planned

economy by integrating all national economies to the
global market dominated by TNCs and MNCs. Now the
production and allocation of goods and services are
done in global scale. Thus the role of States in
controlling their economies has been considerably
reduced (Hirst & Thmopson, 2001). The
denationalization of production has led to increasing
industrialisation of the Third World agrarian countries.
Labour markets have become flexible, there are more
of mergers and acquisitions. The global movement of
capital and investments has lessened the dependence
of third world nations on multilateral institutions such
as IMF and World Bank as they can now directly
acquire capital and finances, through FDIs and global
capital markets. Due to globalization, consumers have
access to a wide range of products and services.
On Polity
Globalization has affected the political structure of
States by changing their institutional characters and
modes of governance. The secrecy and power of nation
States, more of the ruling elite are on its way out, and
transparency and accountability is coming up. There is
growth of new institutions of governance, reorganization
of power at various levels. Political power is not
circumscribed inside the territorial limits of the State.
Since globalization started off in the West, there is a
spread of democratic institutions and governance
worldwide.
But, at the same time, the power of the working class
is on the decline as globalization responds to the
alliance of international financial institutions and global
market, rather than any organised political group. It
has also created pockets of the First World everywhere
- elites in cities have become similar in life styles and
Globalization 103
attitudes. Globalization has created a hierarchical world

in which the US and global capital are the dominant
power. It has, on the other hand, brought the traditional
‘left’ and national right into an interesting coalition,
defending national sovereignty. There are growing New
Social Movements (NSM) like those of women, peasants,
displaced people, ethnic communities and indigenous
people for their rights in the globalised world.
On Culture
As stated, globalization creates a homogenised ‘global
culture’ that is opposed to ‘national’ or ‘ethnic’ culture.
The proliferation of print and electronic media has
brought in a swift flow of cultural information to all
parts of the world. National governments have little
hold over them.
The consumption of goods produced by MNCs has risen
considerably. It is said that McDonalds and Blue Jeans
are best symbols of globalization because the entire
world is adopting them. Some have even termed
globalization as ‘MacDonaldisation’ (Ritzer, 2003). The
massive flow of people and migrations has created a
hybrid culture of the metropolis all around the globe.
There is, however, cultural pluralism and erosion of
conservatism. Globalization is pushing modernity to
new heights by emphasising individualism over
collectivism, modernity over traditionalism. Traditional
pattern of identities are getting dissolved due to
emergence of new occupations and employment
avenues.
Globalization And Inequality

Of the most debated issues on globalization, the most
significant one has been on its impact on inequality
among nations, and among different sections of
population within nations. Globalization is said to be

perpetuating a new system of inequality between rich
and poor nations because the MNCs and richer nations
are taking the benefits of trade and commerce whereas
poor and developing economies are often complaining
of having lost out in this race. Developing countries
complain of unfair trade practices by rich nations while
expecting fair treatments from them. In international
trade and commerce, the developed world has wide
presence and the provisions of liberalization and
globalization are suiting them to enhance their wealth
at a faster rate.
This fact is reflected in the United Nations Human
development Report in1999 titled Globalization with a
Human Face. The Report states that global markets,
global technology, global ideas and global solidarity
can enrich the lives of people everywhere, but the
challenge is to ensure that the benefits are shared
equitably and that this increasing interdependence
works for people—not just for profits. It argues that the
present era of globalization, driven by competitive global
markets, is outpacing the governance of markets and
the repercussions on people.
The report acknowledges that markets can go too far
and squeeze the non-market activities so vital for human
development. Fiscal squeezes are constraining the
provision of social services. A time squeeze is reducing
the supply and quality of caring labour. And an incentive
squeeze is harming the environment. Globalization is
also increasing human insecurity as the spread of
global crime, disease and financial volatility outpaces
actions to tackle them (HDR 1999). The report shows
that nearly 1.3 billion people live on less than a dollar
a day, and close to 1 billion cannot meet their basic
consumption requirements.
Globalization 105
The global labour market is increasingly integrated for

the highly skilled—corporate executives, scientists,
entertainers and the many others who form the global
professional elite—with high mobility and wages. But
the market for unskilled labour is highly restricted by
national barriers.
Inequality has been rising within many countries. In
China, for example, the report says, disparities are
widening between the export-oriented regions of the
coast and the interior. For example, Organisation for
Economic Cooperation and Development (OECD)
countries have registered big increases in inequality
after the 1980s—especially Sweden, the United
Kingdom and the United States.
Inequality between countries has also increased. The
income gap between the fifth of the world’s people
living in the richest countries and the fifth in the
poorest was 74 to 1 in 1997, up from 60 to 1 in 1990
and 30 to 1 in 1960. In the nineteenth century, too,
inequality grew rapidly during the last three decades,
in an era of rapid global integration: the income gap
between the top and bottom countries increased from
3 to 1 in 1820 to 7 to 1 in 1870 and 11 to 1 in 1913. By
the late 1990s the fifth of the world’s people living in
the highest-income countries had:
 86% of world GDP—the bottom fifth just 1%.
 82% of world export markets—the bottom fifth just
1%.
 68% of foreign direct investment—the bottom fifth
just 1%.
 74% of world telephone lines, today’s basic means
of communication—the bottom fifth just 1.5%.
The decade of 1990s also showed increasing

concentration of income, resources and wealth among
people, corporations and countries:
 OECD countries, with 19% of the global population,
have 71% of global trade in goods and services,
58% of foreign direct investment and 91% of all
Internet users.
 The world’s 200 richest people more than doubled
their net worth in the four years to 1998, to more
than $1 trillion. The assets of the top three
billionaires are more than the combined GNP of all
least developed countries and their 600 million
people.
 The recent wave of mergers and acquisitions is
concentrating industrial power in mega
corporations— at the risk of eroding competition.
By 1998 the top 10 companies in pesticides
controlled 85% of a $31 billion global market—and
the top 10 in telecommunications, 86% of a $262
billion market.
 In 1993 just 10 countries accounted for 84% of
global research and development expenditures and
controlled 95% of the US patents of the past two
decades. Moreover, more than 80% of patents
granted in developing countries belong to residents
of industrial countries. All these trends are not
the inevitable consequences of global economic
integration—but they have run ahead of global
governance to share the benefits.
These concerns are articulated also within nations. A
few sections of the population who have access to
education, skills, social capital etc. are able to acquire
lucrative employments, earn big incomes and enhance
their standard of living while the majority poorer
Globalization 107
sections have had to suffer. The liberalization policies

of their governments in withdrawing the state from
social sector have deteriorated their conditions. These
inequalities have been more pronounced in the
developing societies where large scale income and
wealth inequalities exist, along with massive poverty
and deprivation.
India in the Context of Globalization

You have read in Chapter 3 that India adopted a mixed
economy in which public and private sectors were to
coexist. This Nehruvian model of planned economy
with private sector participation went on till the 1980s.
India took a decisive step towards globalization in 1991
with the adoption of the New Economic Policy.
The decade of 1980s saw a decline in India’s balance of
payments. The Second Oil Shock has pushed import
bills (India imports about 70 percent of its Oil) while
exports were falling. As a result there was a ‘balance
of payment crisis’. Trade deficits had soared up and
foreign exchange reserves had come down to $1.1
billion in June 1991 which could not have supported
the imports beyond two weeks. India was also on the
point of defaulting on its debt servicing for earlier
loans it had taken from international financial
institutions. To meet this crisis, India approached the
IMF and the World Bank for assistance who put the
conditionality of stabilisation and structural adjustment
programme to be taken up. India took up the measures
by adopting the new economic policy in 1991 which is
briefly described below.
New Economic Policy
India adopted the new economic policy (known as the
‘reforms’) with the aim of liberalization, privatization
and globalization, to be brought through the structural

adjustment programmes. The essential components of
the reforms were (a) Stabilisation, meaning cutting
down of fiscal deficits and money supply (b) Domestic
liberalization like relaxing restrictions on production,
investment, price controls, and increasing the role of
government in resource allocation, and (c) External
sector liberalization to ease the inflow of goods, services,
technology and capital (Ray, 1993).
India took up measures in different sectors to implement
these liberalization policies. In the industrial sector, it
abolished industrial licensing for all projects except a
few specific groups, dereserved many items until now
reserved for public sectors, and started a disinvestment
of public sector undertakings.
As trade policy reforms, the earlier regulations and
controls on imports were removed, non-tariff barriers
for foreign goods on all items except consumer goods
were removed. This was a policy of import liberalization.
In the financial sector, private banks were permitted
to operate; foreign investments in capital market were
allowed. Exchange rate policy was revised. Rupee was
progressively devalued to facilitate exports and
encourage inflow of foreign direct investments into the
economy.
These measures were the first steps towards India
entering the globalized world. In the years to come,
the governments have devised policies to expand these
measures and put the country more firmly on the path
of liberalization and globalisation.
Impact of Liberalization
India’s road to globalization has been like a joy ride for
some but also torturous for many. The impact of
Globalization 109
economic liberalization on Indian society is a mixed

one, which has generated much debate among scholars.
While many view this with optimism and call for further
liberalization, there are others who point at the social
costs. In general, the post-liberalization period has
been a period of high growth for the economy, of
increased opportunities for some sections of people,
particularly of the middle class who have found
increased incomes from employment in information
technology and other such lucrative sectors. But is
has also affected the poor, peasants, workers in the
country with their loss of income, employment and
well being. (See chapter 5 also).
The compound rate of growth in the second half of the
1980s was 5.8 per cent per annum but in the reforms
period starting from 1992-93, the growth rate came to
6.5 per cent per annum rising to 6.8 percent till 1998-
99. It has risen further to cross the mark of 8 percent
in 2006. Following liberalization, there was an industrial
revival with industries coming out of recession. Fiscal
deficit has come down to 4.4 percent in 2004-05 from
5.7 per cent in 1992-99 and 8.5 percent during 1985-
91. The government has therefore managed its fiscal
situation very well after the reforms (Kapila, 2007).
The inflation rates have been in the decline since
1992. India’s foreign exchange reserves have soared
from $1.1 billion in 1991 to $217 billion in 2006. Sensex
has touched new heights to cross the unprecedented
17,000 mark signalling the health of the capital market.
However, it is said that globalization has had differential
impacts on sections of population, often diametrically
opposite in nature. India’s globalization venture does
not seem to have achieved much in terms of its impact
on overall social development. On poor and weaker
sections, its impact has been dismal.
There has been a rise in food grain prices and other

goods of mass consumption at a faster rate than prices
of other goods. This indicates that the share of burden
of adjustment by different sections of society has been
uneven and weaker sections may have been affected
more (Kapila, 2007). The impact of food security is
found to be negative, with the average consumption of
food grains going down from 177 kg to 155 kg per head
per annum from 1991 to 2001, almost to the level of
1947 figures (Patnaik, 2007). This has been compounded
by stagnation in agricultural sector while there has
been a growth in the service sector.
On poverty, the effect of reforms has been controversial.
According to Planning Commission, poverty has
declined from 36 percent of population (head count
ratio) to 26.1 percent in 1999-2000. But many scholars
have disputed these figures because of a change of
criteria in poverty estimation (Dreze and Sen, 2006;
Patnaik, 2007). There may have been a change in the
poverty scenario but the exact quantification is a matter
of debate.
Dreze and Sen (2006) note that India’s liberalization
has not achieved much on poverty reduction and social
progress despite an acceleration of growth because of
its lack of emphasis on inclusion of all sections for a
‘participatory growth’. So where as particular sectors,
especially oriented to more specialised and more middle
class skills, have shown growth, there has been no
change in poverty reduction and social progress. The
recent growth performance has been driven by the
accelerated growth of service sector in which the
country has made remarkable progress—in information
technology and related services. The potential benefits
of the growth has been diluted by imbalances in growth
patterns, growing inequalities and state inaction in
crucial social fields of human development The potential
Globalization 111
of globalization to bring progress to all must be brought

through an emphasis on equity, justice and participation
by focussing on non-market institutions of human
welfare.
Impact on Different Sections
Globalization has created islands of prosperity amid
poverty in India. While the service sector has shown
tremendous growth driven by the IT sector,
industrialisation has not shown much result, as
manufacturing has only marginally grown. As we will
see in Unit 5, the unemployment rates have been
higher than the pre-liberalization period and a sizeable
workforce is out of work. Also, the contraction of public
sector employment has hit the organised sector workers
hard. Policy of hire and fire and contractual
employment has meant job insecurity for workers. The
condition of unorganised sector workers has further
worsened. The stagnation in agriculture due to lack of
government investments has resulted in food insecurity,
unemployment, casual employment and loss of income
to the rural masses. There are new farming systems
coming into agriculture like contract farming, capital
intensive farming and corporate-controlled farming,
threatening the livelihoods of small and marginal
peasants. The big farmers and corporate have benefited
from export-oriented agriculture while the poor peasants
have suffered the distress. Markets have not delivered
the promises of higher return to small cotton farmers
in Vidarbha, driving thousands of them to commit
suicide.
Under the liberalization regime and penetration of
markets into tribal areas, tribal people are being
alienated from their land, water, forests and livelihoods.
The resources are being taken over by corporate houses
to set up industries, or for mining. With increasing
industrialisation under the liberalized regime, tribal

areas will witness massive environmental degradation
and further marginalisation of tribal communities.
The urban areas have shown growth and a rise in
incomes. But most of it has been cornered by the
middle classes whose size is swelling. It is estimated
that by 2020, half of the Indian population would
comprise of the middle class. This class has befitted
from globalization and has emerged as its ardent
supporters.
Dreze and Sen (2006) point out that globalization has
shaped the progress of the world through thousands of
years and there is much to be gained from increasing
contacts with the world. But the main issue is to make
good use of the potential of economic interaction and
technological progress in a way that it pays attention
to the interests of the deprived. This is because
ultimately the value of wealth (meaning economic
growth) lies in expanding human development. You
will read more on this in the next Block.
Box
Challenges before Globalization
Today’s globalization is being driven by market
expansion—opening national borders to trade,
capital, information—outpacing governance of
these markets and their repercussions for
people. More progress has been made in norms,
standards, policies and institutions for open global
markets than for people and their rights. And a
new commitment is needed to the ethics of
universalism set out in the Universal Declaration
of Human Rights. Competitive markets may be
the best guarantee of efficiency, but not
necessarily of equity. Liberalization and
Globalization 113
privatization can be a step to competitive

markets—but not a guarantee of them. And
markets are neither the first nor the last word
in human development. Many activities and goods
that are critical to human development are
provided outside the market—but these are being
squeezed by the pressures of global competition.
There is a fiscal squeeze on public goods, a time
squeeze on care activities and an incentive
squeeze on the environment. When the market
goes too far in dominating social and political
outcomes, the opportunities and rewards of
globalization spread unequally and inequitably—
concentrating power and wealth in a select group
of people, nations and corporations, marginalizing
the others. When the profit motives of market
players get out of hand, they challenge people’s
ethics—and sacrifice respect for justice and
human rights. The challenge of globalization in
the new century is not to stop the expansion of
global markets. The challenge is to find the rules
and institutions for stronger governance—local,
national, regional and global—to preserve the
advantages of global markets and competition,
but also to provide enough space for human,
community and environmental resources to
ensure that globalization works for people—not
just for profits.
Globalization with:
• Ethics—less violation of human rights, not
more.
• Equity—less disparity within and between
nations, not more.
• Inclusion—less marginalization of people
and countries, not more.
• Human security—less instability of societies

and less vulnerability of people, not more.
• Sustainability—less environmental
destruction, not more.
• Development—less poverty and deprivation,
not more
Source: Human Development Report 1999
Conclusion
In this Chapter, we discussed about the dimensions of
globalization. You saw that globalization is an economic,
but also social, cultural and political phenomenon.
Transnational corporations, information technology and
international non-governmental organisations are the
driving force of this process. You also read about
liberalization and its essential tenets. India adopted
this measure in its drive towards globalization, resulting
in a high growth rate which is continuing. Its impact
on Indian society has not been even though. We also
discussed the impact of globalization on society and on
inequality and on sections of the Indian society. We
read about the need to make globalization a just, fair
and equal process.
References
Bhaduri, A. and D. Nayyar (1996): An Intelligent Person’s
Guide to Liberalization, Penguin Books, New Delhi.
Dreze, J. and A. Sen (2006): India: Development and
Participation, OUP, New Delhi, Ch. 9.
Giddens, Anthony (2001): The Consequences of Modernity,
Polity Press, London
Globalization 115
Kapila, Uma (2007): Indian Economy: Performasnce and

Policies, New Delhi, Academic Foundation, Ch. 5.
Publishing House, New Delhi, 24th edition, Ch. 41.
United Nations Development Programme (1999): Human
Development Report 1999: Globalization With a human
Face, Oxford, New Delhi.
http://hdr.undp.org/reports/global/1999/en/
Changing Occupational
Structure and Impact of
Liberalization
* Chinmoy Biswal
Introduction
You have already read that liberalization of trade and
commerce and opening up of the economy for world
market is an essential feature of globalization. It has
deep impact on the internal structure of the economy,
especially on work, employment and occupations. As a
result of this process, old occupations undergo change
and new occupations emerge. After liberalization, new
occupations are emerging in the fields of information
technology, business process outsourcing, sales and
marketing, research etc. opening up newer
opportunities for the younger age group.
Definition and Meaning

Occupation may be defined as the economic role played
by a person outside of household/domestic activity
which accrues the person an income and a general
social status. Simple societies have very few
occupations. With progress of a society from simple to
complex, and with increasing division of labour, new
tasks emerge, so do new and more occupations. Hence,
the occupational structure of a complex society is far
developed and broad ranging than that of a simple
society. For example, an industrial society will have
Changing Occupational Structure and Impact of Liberalization 117
predominantly manufacturing based occupations along

with service-based ones, in addition to agriculture,
fishing and the like.
The Oxford Dictionary of Sociology defines occupational
structure as the aggregate distribution of occupations
in society which are classified according to skill levels,
economic functions, or social status.
There is neither a universal system of classifying
occupations nor any universal occupational structure
(see box 1). It is determined by a number of factors
such as the geography of a place, level of technological
development and productive forces, division of labour
and specialisation, levels of per capita income, structure
of the economy and so on. Geography and ecology of a
place put constraints over the choice of work by the
availability of resources. For example, a coastal area
rich in fishing resources will have fishing as the
predominant occupation. Even in developed
industrialised countries like Norway, Sweden and
Canada, forestry (a primary activity) provides sizeable
employment as does fishing in Japan. As technology
advances, productive forces are developed and there is
diversification in the occupational structure. It is a
historical experience that when the per capita income
of an economy is low, sizeable labour force is employed
in agriculture, animal husbandry, fishing and forestry.
As the per capita income rises, demand for
manufactured goods rises, thereby expanding the output
in manufacturing industries in the secondary sector.
Thus a labour shift occurs from agriculture and allied
activities to industrial occupations.
Box 1
Occupational Structures
An example of occupational structure is as
following: professional, technical, managerial,
clerical, sales, skilled, semi-skilled, and unskilled.
These categories may be further sub-divided into
a number of particular occupations.
The International Standard Classification of
Occupations (ISCO) of International Labour
Organization draws a pyramid-like hierarchal
structure consisting of 10 major groups, subdivided
into 28 sub-major groups, 116 minor groups and
390 unit groups. Industrial structure may classify
according to broad areas like primary, secondary
and tertiary or further sub-divide them into
agriculture, manufacturing transportation,
communication, government trade, and other
services.
In India, the Census classifies occupations using
categories such as ‘primary sector’ sub-divided
into cultivators, agricultural labourers, livestock,
forestry and fishing, mining and quarrying;
‘secondary sector’ sub-divided into household and
other industry, and construction; ‘Tertiary sector’
sub-divided into trade and commerce, transport,
storage and communications, and other services.
The Census of India, 1991 drew an occupational
structure using the following category:
professional, technical and related workers;
administrative, executive and managerial workers;
clerical and related workers; sales workers;
Farmers, fishermen, hunters loggers and related
workers; service workers; production and related
workers; transport equipment’ operators and

labourers; and workers not classified by
occupations.
As evident, the classification depends on the goal
of the agency which is classifying it as well as the
particular situation of occupation in a society.
Occupational mobility is defined as the change of job or
occupation by a person after acquisition of new skills.
It can be intra-generational when a person changes
occupation within his working life, or intergenerational
when a person pursues an occupation different from
one’s father. It can be upward when the new occupation
is of higher status and reward, or downward when it is
the opposite.
Societies can be classified as ‘status society’ and
‘occupational society’. A status society is one in which
one’s social status (usually ascribed by birth, gender,
age) determines what occupation one would pursue.
Caste societies in India were status societies since
occupations were fixed on the basis of caste. Status
societies have little or no scope for occupational
mobility. In contrast, an occupational society has high
level of division of labour, a highly developed cash
economy and relatively free labour markets. One’s
occupational status is distinct from one’s other statuses
and there is great degree of mobility.
How Occupational Structure Changes
Changes in occupational structure reflect the changes
in the structure of division of labour and functional
interdependence of the society. According to Karl
Polanyi (1944), growth of scientific knowledge, changes
in work organization due to technological changes,
growth of markets, rise of industrial and commercial
centers and other societal changes affect the
composition of occupational structure and the behaviour

of workers both within and outside it. Sometimes, the
changes are so extensive that many occupations become
obsolete, new occupations come up and there is great
deal of movement of workers from one occupation to
another. It usually happens at times of large scale
changes in the economic structure and markets, and
during technological changes like the one that occurred
during Industrial Revolution. It also occurs due to
continuous technological evolution. For instance, when
offset printing came, letter-type setting became obsolete
and compositors lost their occupation. In such transition
periods, there is growth of temporary, irregular and
multiple job holdings, along with unemployment.
Occupational structure also undergoes change when
the power, prestige and economic rewards (income)
associated with different occupations change. These
changes are by means of occupational mobility of
individuals as well as groups.
With progress in industrialisation, the occupational
structure goes through a definite trend — from primary
occupations to secondary to service sectors. Initially it
draws labour from those already employed in
agriculture. As a result, proportion of workers in
manufacturing and urban areas rise. With further
progress of industrialisation, technology is transferred
to agriculture raising its productivity through
mechanization. This releases agricultural workers to
be transferred to manufacturing and other sectors
(Kerr, 1962; Form, 1972). Eventually, manufacturing
employs higher proportion of workers than any other
sectors. But the same phenomenon starts operating
here as industrialisation matures. The quest for
efficiency leads to more and more technological inputs
in production and cutting down of labour costs. It is
then that more and more workers shift to service
industries like trade and commerce, transportation

and communication professions, government services
etc. So, eventually the tertiary sector would employ
the majority of urban workers. In deed, this
phenomenon observed in some advanced industrialized
countries led Daniel Bell to conceptualize the ‘post-
industrial society’.
However, this pattern may not be universal. All newly
industrialising economies may not undergo this pattern
exhibited by early industrial nations. Clark Kerr gives
three reasons for this. One, newly industrialising
countries rely heavily on import of industrial
technologies and organisation from developed countries.
These are highly advanced. So the receiving countries
need not undergo the same structural processes to
reach at these levels in technology. Two, the
independent evolution of an industrial structure is not
required because the organisation structure necessary
for industrialisation is also imported, for example,
educational systems, legal systems, regulatory
agencies, knowledge generating institutions,
employment services, administrative and professional
services. Three, each industrialising nation would adapt
and invent in its own unique way due to difference in
demography, social and cultural milieus from those of
the advanced industrialised nations. It is therefore
possible for a highly advanced manufacturing sector
and service sector to coexist with traditional agriculture
or primary sector in an economy. It is said to be the
case in India.
Is the Change Automatic or Planned?
It may seem from the above discussion that changes in
occupational structure occur automatically by
responding to changes in the economic structure. But
it is not so. Change in occupational structure is also a
matter of careful planning. There are various groups
who try to shape the occupational structure to meet

their own interests or those of the state (Form, 1972).
These deliberate efforts to change the occupational
structure are needed to meet the ever changing and
ever emerging needs of the economy. When there is
unemployment or underemployment due to
technological or market changes, or emergencies like
wars, disasters etc. which require more people in
specific jobs, or when educational institutions cannot
supply the required persons for new industries, a need
for such intervention arises. Also, there are demands
in a democratic polity to provide equal employment
opportunities for disadvantaged groups in society. The
Government of India, for instance, has taken up
affirmative action for disadvantaged groups like SCs
and STs through its policy of reservation in jobs. So,
interventions to change the occupational structure
may be aimed at meeting the changing demands of
labour market and also at addressing social concerns.
Three agencies are involved in this process: State,
educational institutions and occupational associations.
It is the duty of the State to ensure employment for all
and maintain economic growth. So it plans sectoral
allocation of labour and establishes agencies to train
workers, and employs them in industries. Educational
institutions (both of the State and private bodies) like
schools, colleges, universities etc. impart education and
skill, preparing students to pursue certain occupations.
But they may not be able to supply all the labour to
meet the diversified needs of the occupational
structure. Moreover, their curriculum and subject
matter of teaching is also shaped by broader educational
goals, not just to meet demands of job market.
Occupational associations have a monopoly over
knowledge and skills by virtue of which they influence
the size of their respective occupations. They open

training schools, arrange placements and meet the
demands of industry from time to time. They may also
influence the educational and governmental
programmes to control entry, training and placement
of workers.
Liberalized Economy In India
You have already seen in Chapter 4 that economic
liberalization is the chief vehicle of globalization. The
opening up of India’s economy by the New Economic
Policy of 1991 has brought changes in various sectors
of the economy, mainly in trade and investment.
Deregulation and liberalization for foreign investment,
and privatization and disinvestment to give bigger role
to the private sector were the central aspects of these
reform measures. Internal liberalization included
measures that were against the direction Indian
economy had hitherto moved—relaxation of the
industrial license regime, de-reservation of a number
of sectors for private investments which were until now
a domain of the State, disinvestment of shares in many
public sector enterprises and outright sale of some,
decontrol of administrative prices and financial
liberalization. External liberalization meant removal of
non-tariff barriers to imports, lowering of import duties
and allowing foreign investment in Indian stock
markets. The liberalization measures initiated a period
of economic growth in the country, expanded
investments, including foreign investments, and led to
a swelling up of foreign exchange reserves. It is also
supposed to have expanded employment opportunities
and generated new occupations. We will analyse the
impact of these measures on employment and
occupation in the next section.
Impact On Occupational Structure

Although the exact impact of these macroeconomic
reforms in various spheres is still being studied, there
are indicators by which we can assess the trends. The
employment and unemployment rates, work
participation rates, marginal and main workers etc.
are reliable trends to assess the impact. We will begin
by looking at the impact on workforce and the
occupational structure based on the data collected by
the Census of India 1991 and 2001, National Sample
Survey Organisation (NSSO) over various rounds, mainly
the 93-94 and 2000 rounds. The National Family Health
Survey (NFHS) data was collected over two periods
1992-93 and 1998-99, roughly corresponding to the
pre-liberalization period and post liberalization periods.
Work Participation Rate (WPR)
The work participation rate or ratio is defined as the
ratio of economically active population to the total
population. In other words, it is the per centage of
working population (male and female) in the total
population. As can be seen from table ‘A’, the work
participation rate of main workers has gone down in
the liberalization period (from 1991 to 2001). This is
true for both male and female workers. The NSSO
survey also shows a decline in work participation ratio
in the period of liberalisation during 1993-94 to 1999-
2000.
Table ‘A’: Work Participation Rate of Main Workers
1971 1981 1991 2001
TOTAL 30.5 33.5 34.2 30.5
Male 52.6 51.6 51.0 47.8
Female 12.1 14.1 16.0 14.7
Source: Census of India, 2001
The NFHS data on urban India shows that the overall

work participation rate in urban India has declined
during the period 1992-93 to 1998-99 (the periods of
two NFHS surveys). The biggest decline has been for
the population above 45 years but the rate remains
constant for the prime working age group (20-59 years).
A significant finding is that the work participation rate
has declined for the age group of 50 and above. So it
can be said that the Voluntary Retirement Scheme
during the privatization drive (an internal liberalization
measure) has affected the elder age group in urban
India (Mohanty, 2004).
The female work participation ratio in urban India

has risen from 19 per cent to 21 per cent for the
prime working age group (20-59 years) during the
period while that of males has remained almost
constant at 88 per cent. In addition, the work
participation of prime working age group has shown
a decline in large/capital cities- from 57 per cent
to 55 per cent, but it has shown an increase from
53 to 55 per cent in small cities, and from 54 per
cent to 55 per cent in towns. In other words, the
employment opportunities seem to have increased
marginally in small cities compared to large cities.
Employment and Unemployment
Table ‘B’ gives the growth rate of employment over

three periods. The period from 1993-94 to 1999-
2000 can be taken to assess the impact of
liberalization. There has been a slow down in overall
rate of growth of employment in this period compared
to earlier periods in both rural and urban areas.
While rural employment growth rate has seen a
massive fall (from 2.03 per cent to 0.66 per cent),
it has fallen comparatively slowly in case of urban.

Urban employment still shows higher rate of growth
than rural. So, there has been an overall slowdown
of employment in the reform period, more so in the
rural areas.
Table ‘B’ : Growth Rate of Employment
(per cent change per annum)
Period Rural Urban
1983 to 1987-88 1.36 2.77
1987-88 to 1993-94 2.03 3.39
1993-94 to 1999-2000 0.66 2.27
Source: Chandrasekhar and Ghosh (2006)
The NSSO data on employment and unemployment

situation in the country collected in the 50 th round
(1993-94) and 61st round (2004-05) gives a fair idea of
this unemployment trend. It reveals that unemployment
rate has gone up in the period corresponding to
liberalisation both in rural areas and urban areas
among both male and female population. On the basis
of current daily status (in which each day of the seven
days preceding the date of survey as the reference
period), unemployment rate for males has increased
from 5.6 per cent to 8 per cent in rural areas, and from
6.7 per cent to 7.5 per cent in urban areas. For females,
the unemployment rate rose from 5.6 per cent to 8.7
per cent in rural areas and from 10.5 per cent to 11.6
per cent in urban areas (Economic Survey, 2005-06
and 2006-07).
There has been a comparative change in the scenario

in rural and urban unemployment for males in these
periods. While urban unemployment rates were higher
than rural unemployment rates for both males and
females in the 50th round, the unemployment rate for
rural males is found to be higher that of urban males
in the 61st round.
The trends of higher unemployment rates on the basis

of current daily status imply that there has been
absence of regular employment for many workers and
a high degree of intermittent unemployment.
Marginalisation of Work
The Census of India defines main workers as those

who work for at least 183 days in a year, and marginal
workers as those who work for less than 183 days in
a year. If there is a growth of marginal workers in the
work force, we call the phenomenon as ‘marginalisation’.
It is a sign of general deterioration in the condition of
employment and in the economic condition of the
workers.
The share of main workers in the workforce is on a

decline while that of marginal workers is on a rise
during the period of liberalisation, as can be observed
from the changes in per centage share of main and
marginal workers (compare column 2, 3, 6 and 7 in
Table ‘C’ ). The share of main workers in 2001 has
come down to 30.5 per cent from 34.1 per cent in 1991.
At the same time, the share of marginal workers has
gone up from 3.4 per cent to 8.8 per cent. There is a
slight improvement in the category of non-workers.
Table ‘C’: Per centage of Workers by Category to

Total Work Force, 1991 and 2001
1991 2001
Main Marginal Non- Total Main Marginal Non- Total
worker Worker
Total Persons 34.1 3.4 62.5 100 30.5 8.8 60.7 100
Male 50.9 0.6 48.4 100 45.3 6.6 48.1 100
Female 15.9 6.3 77.7 100 14.7 11.0 74.3 100
Source: Census of India 1991 and 2001
Although in absolute numbers, both main and marginal

workers are increasing and the main workers still
constitute about three and a half times that of the
marginal, the growth rate of the latter is much higher
(12.66 per cent) in comparison to the former (1.17 per
cent). Also, the rate of growth of main workers has
slowed down from 2.37 per cent to 1.17 per cent, while
that of marginal workers has rapidly grown from 2.44
per cent to 12.66 per cent (See Table ‘D’ ).
Table‘D’ :Main and Marginal workers 1971 to 2001
(Number and annual growth rate)
Year Main Annual Marginal Annual Total
workers growth workers growth workers
(in crores) rate (in corres) rate
(per cent) (per cent)
1971 17.50 - 0.57 - 18.07
1981 22.07 2.35 2.13 14.09 24.20
1991 27.89 2.37 2.71 2.44 30.60
2001 31.32 1.17 8.93 12.66 40.25
Source: Tata Service Ltd. Statistical Outline of India

2001-02; Census of India, 2001.
This shows a trend of marginalization of workforce in

the economic reform period. Changing labour
legislations due to liberalization has led to “hiring” of
contract workers, casual workers and daily wagers
where permanent workers were employed earlier. A
process of casualisation can be seen here which has
converted many main workers into marginal and also
squeezed the space of main work for new entrants into
the workforce who now join as marginal workers.
Since the 1990s, there has been a positive growth rate
in rural workers and urban workers. In the decade of
1980s, the annual growth rates of both urban and
rural workers were falling. But the growth of urban
workers has always remained above that of rural
workers. This can be explained by the migration from
rural areas to urban areas in search of work and
livelihood, not due to any demographic factors. This
fact points towards the squeezing of employment
opportunities in rural areas and expansion in urban
areas.
How to explain the higher rate of growth of urban
workers when the rate of growth of main workers itself
has remained low in the 1990s? This can be explained
as due to the increase in number of marginal workers
in urban areas after 1991. This is another indicator of
casualisation of labour post-economic reforms.
A comparison of male and female workers shows that
while both categories have reversed the falling growth
rates compared to the decade 1981-91 (compare annual
growth rate figures for 1981, 1991 and 2001), the rate
of growth for male workers remains higher than the
decade of 1971-81 while that of female workers remains
lower (3.77 compared to 5.61). It has been explained
by the higher rate of influx of male workers as marginal
workers in the post-1991 period. Female workers also
joined the labour force as marginal workers, but their

numbers remained lower.
Occupational Structure
The nature of change in occupational structure can be
assessed from National Sample Survey Organization
(NSSO) data collected over different rounds in various
time periods. Table ‘E’ presents three rounds of NSSO
survey: 1983, 1993-94 and 1999-2000. The period 1993-
94 and 1999-2000 can be taken as the liberalisation
period because the liberalisation, introduced in 1991,
started showing its impact in a couple of years.
Table ‘E’: Employment by Sectors
(in number and per centage)
INDUSTRY Employed workers (million) Per centage
1983 1993-94 1999-2000 1983 1993-94 1999-2000
Agriculture 207.23 242.26 237.56 68.4 64.2 59.8
Miningand 1.76 2.7 2.27 0.6 0.7 0.6

Quarrying
Manufacturing 34.03 42.50 48.01 11.3 11.3 12.1
Electricity,
gas and water
supply 0.85 1.35 1.28 0.3 0.4 0.3
Construction 6.78 11.68 17.62 2.2 3.1 4.4
Trade 19.22 27.78 37.32 6.3 7.4 9.4
Transport,
storage 7.39 10.33 14.64 2.4 2.8 3.7
Communication 1.70 3.52 5.05 0.6 0.7 1.3
Community, 23.20 35.13 33.20 7.9 9.4 8.4

social and
personal
services
Total 302.76 374.45 397.00 100 100 100
Source: Economic Survey, 2001-2002

The following observations can be made from table ‘E’
1) There has been a decline in the share of

agricultural employment since 1983 to 2000. In
addition, the absolute number of workers has also
fallen between 1993-94 and 1999-2000. However,
agriculture is still the largest employer in the
country.
2) There has been an upward growth in number of

workers employed in manufacturing in the entire
period, the larger growth having been achieved
between 1993-94 and 1999-2000.
3) The rise in share of manufacturing is not high

enough (from 11.3 per cent to 12.1 per cent) to
provide employment to those who are not employed
in agriculture any more.
4) Trade comes up as the next biggest occupation

employing about 9.4 per cent of workers. Its share
is also growing.
5) Community, Personal and social services employ

about 8.4 per cent of the workforce, but there is a
fall in its per centile share in 1999-2000 as
compared to 1993-94, so also in absolute number
of workers employed.
6) There is growth in employment in construction,

communication and financial services.
The NFHS-2 (1998-1999) listed 98 occupations in urban

India which were regrouped into 19 categories and
further into 5 main groups for analysis (Mohanty, 2004).
It shows that that the predominant occupation in urban
India is skilled manual: 13 per cent in urban India, 11
per cent in capital/large cities, 14 per cent in small
cities and 13 per cent in towns. The second most

practiced occupations are those of merchants,
shopkeepers, wholesale and retail trade which is of
similar proportion in all urban areas. The third most
practiced employment is those of labourers (11 per
cent). The clerical and related workers are the fourth
largest practiced occupation. Their proportion is higher
in large/capital cities than small cities and towns.
Among the other main occupations, 6.5 per cent are in
administrative, executive and managerial while 2.1
per cent are medical professionals. The architect and
engineering occupations constitute about 1.3 per cent
of total working population, while agriculture and allied
activities are the occupation of less than 1 per cent
workers in capital/large cities of India.
To understand the distribution, these 19 groups are

further regrouped into five broad groups as follows:
Group I: Low paid jobs (workers, laborers, domestic

worker, transport worker, service worker, housekeeper
and agriculture and allied activities and others)
Group II: Moderately low paid jobs (skilled manual,
sales and machinery and electrically skilled worker).
Group III: Average (clerical and related workers,
teachers and artists)
Group IV: Moderately well paid group (Merchants,
shopkeepers, wholesale and retail trade and
manufacturing agents and money lenders
Group V: High paid jobs (Administrative, executive,
medical professionals, social scientist, architect and
engineering)
About 42 per cent of employment in urban India are of
low paid jobs (Group I) followed by 25 per cent in
moderately low paid jobs, 13 per cent each in average
income group and moderately high paid jobs and 8 per

cent in high paid jobs (Group V). There is a difference
by type of urban locality. About 37 per cent of the
labour force is working in low paid jobs in large cities,
40 per cent in small cities and 46 per cent in towns.
On the other hand, the proportion of workers in high
paid jobs is higher in large cities, followed by small
cities and towns, although their differential is not that
large.
More than two-third work force among males is
engaged in low paid jobs (Group I and Group II). The
proportion is even higher for females.
Among males in urban India, about 14 per cent are
working as merchants, shopkeepers, wholesale and
retail trade followed by 11 per cent as skilled manual,
11 per cent as labourers and 8 per cent each as
clerical and related workers. On the other hand, among
all working women in urban India, about 19 per cent of
them are working skilled manual, 13 per cent as
agricultural workers, 12 per cent as teachers as well
as service workers and 8 per cent as clerical and
related workers.
The gender differentials in occupation pattern becomes
clearer from the following: in capital cities, the most
practiced employment among females is as domestic
workers followed by clerical and related workers, skilled
manual and teachers. About 19 per cent of women
workers in capital/large cities work as domestic
workers, compared to only 2 per cent of males.
The occupational differential on the basis of social and
religious categories is also clear. About 64 per cent of
working population among STs is engaged in low paid
jobs as compared to 60 per cent among SC and 37 per
cent among others. On the other hand, only 9 per cent
working population among ST are engaged in well paid/
moderately well paid jobs (Group IV and V) as compared

to 10 per cent among SC and 23 per cent among
others. The implication is that the social inequality
with respect to caste in occupation is prevalent in
urban India.
Among Hindus as well as Muslims, a large proportion
is engaged in skilled manual jobs and as merchants,
shopkeepers and retail trade followed by labourers.
Among Christians, a higher proportion is engaged in
clerical and related work followed by teachers, and
labourers.
Organised and Unorganised Sectors
Data collected on various rounds of NSSO show that
employment in organized sector is on a decline as also
in the unorganized sector (refer to table ‘F’ )
This is another indication of the impact of reforms on
occupational structure and employment. After a growth
rate of 1.2 per year between 1983-94 (due to
governmental thrust on employment generation in the
Sixth Plan), the growth rate in organized sector
employment fell to 0.53 per cent between in 1994-
2000, a post-liberalisation period. This is due to the
downsizing of public sector employment. Interestingly,
public sector employment has been hit worst registering
a decline in absolute number between these periods
while the private sector employment has definitely
risen. This is clearly an effect of liberalization.
The decline in the rate of growth in unorganized sector
is interpreted by many as a sign of prosperity and
demographic changes. This is not the case, because
the labour force has in fact risen during this period.
On account of liberalization, income inequalities have
gone up and the unorganised sectors workers have
been worst affected. If workers are not joining the
unorganised sector work, it is not because they have

become prosperous now, but because there is not enough
work available to them, on account of a “jobless growth”
during this period.
Small scale industries have been forced to close down
due to fierce competition from cheap imported goods,
leaving the workers without work. Agriculture is already
saturated and cannot absorb any more workers. This
explains why there is decline in growth rate of
unorganized sector during the first few years of
liberalization.
Table ‘F’ : Employment Growth in Organized and

Unorganized Sectors
Employment Growth rate
(Million) (per cent per annum)
Sector 1983 1994 1999-2000 1983-94 1994-2000
Organized sector 24.01 27.37 28.11 1.20 0.53
Public sector 16.46 19.44 19.41 1.52 -0.03
Private sector 7.55 7.93 8.70 0.45 1.87
Unorganized sector 278.7 347.08 368.89 2.01 1.02
Total employment 302.75 374.45 397.00 2.04 0.98
Source: Economic Survey, 2001-2002
The Growth Of New Sectors

One of the boons of liberalization has been the expansion
of particular service sectors and also creation of new
sectors which have great employment potential for
educated workforce. As restrictions in trade and
business are lifted, any country is able do business
anywhere, multinational corporations are relocating
much of their business operations in the third world
countries with educated skilled human resources to

meet their needs so that they can cut costs. Many
countries including India have benefited hugely from
this growth. India has emerged as the favourite
destination of overseas outsourcing jobs, both in the
highly skilled knowledge intensive work and also in
semi-skilled business process outsourcing work. These
are service sector jobs and have flexibility in
employment. The presence of large number of educated
graduates with good ability in English language has
been to India’s advantage. The favourable climate for
business due to freeing of market has attracted many
foreign multinational companies to set up here. This
has expanded the occupations in sales and business.
An interesting phenomenon after liberalisation is the
diversion of attention of educated youth from
government jobs. Public sector and government jobs do
not any more seem lucrative enough in comparison to
private sector jobs. Also these new occupations are
removing educational qualification barriers. People from
diverse educational backgrounds are entering these
occupations after acquiring the skills.
Knowledge Sector
The knowledge sector comprises high skilled knowledge
occupations, information technology (IT) and information
technology enabled services (ITES). Global giants in
automobiles, telecommunications, chemicals,
biotechnology, pharmaceuticals etc. are employing
skilled human resource from India in their Research
and Development (R&D) activities. Occupations in these
sunrise industries have grown manifold.
IT sector is the biggest employer of highly skilled
manpower. Now a day, anyone who studies engineering
does not finally become an engineer, but may turn into
an IT professional or a “software professional”. Private
software companies like Tata Consultancy Services,

Wipro, Satyam, Infosys, Accenture, and thousands of
smaller companies are providing jobs to these
professionals. Bangalore has emerged as the IT capital
of the country, with virtually all major software
companies opening their offices there. The software
workers are educated and technically qualified, most
of them coming from urban middle class background.
Much of the IT jobs in India are dependent on ‘foreign
projects’, coming mainly from the USA, Japan and
other advanced countries. The Silicon Valley in USA,
which is the hub of software, has the highest per
centage of Indian workers. But the growth of IT sector
in India is primarily due to what is known as
“outsourcing”, whereby foreign firms hire Indian
companies to get their work done. So, a company located
in a developed country gets its work done by
professionals working for another company in India.
Indian professionals get jobs because it is cheaper for
the parent company to get it done here due to lower
payments. So, professionals in India get work at the
cost of their counterparts in advanced countries.
ITES are the services which have come up due to rapid
advancement in information technology. Most prominent
among them are BPOs, financial services, KPOs etc.
which have developed due to developments in
information technology. IT and ITES sectors contribute
to around 20 per cent of India’s export employing around
2 million people.
New Service Sector
You must have heard the word ‘call center’. Ten years
back, no one in India would know its meaning, but now
everyone in urban areas knows it for sure. Call center
is the typical example of the new service sector that
has come up in the cities like Hyderabad, Delhi, Mumbai,
Kolkata, Bangalore and Gurgaon. The new service sector

has created jobs through outsourcing. Outsourcing
means to let out certain operations of a company to a
third party to cut costs as well as to streamline a firm’s
operation by focusing on its core competencies. For
example, many consumer goods companies outsource
their customer care operations to small firms who take
calls from customers and attend to their problems.
These are called call centers.
Outsourcing can be domestic or off shore. Domestic
outsourcing is when the services of another party within
the country are hired. It is offshore when a company
outsources services to a third party in a country other
than the one in which the client company is based,
primarily to take advantage of lower labor costs.
These offshore outsourcings have caused an employment
boom in India, referred by many as the “BPO boom”. It
includes not only Business Process Outsourcing or
BPOs, but also Knowledge Process Outsourcing (KPOs),
Legal Process Outsourcing, medical transcription,
telemarketing, event management, market research
etc. which are all IT enabled services. The BPO sector
has shown maximum growth among these because
post-liberalisation, MNCs have started operating in India
in large numbers, hiring many BPO firms for tasks like
customer care. The BPO workers are typically urban
and English educated with good communication skills
so as to be able to cater to their overseas clients too.
These Customer Care Executives are the new
professionals of the new economy earning good income.
Sales and Marketing
After liberalization, multinationals are coming to India
for the vast market it supplies for their consumer
goods. Called the “Fast Moving Consumer Goods” (FMCG)
companies, they employ a sizeable portion of skilled
manpower in managerial, sales, marketing, advertising

and other such jobs. With huge salary packages, they
attract middle class youth to take business management
degrees and pursue these highly paid occupations. The
field level marketing of goods are done by lower levels,
unskilled or semi-skilled workers who are employed as
salesmen, marketing executives etc. in urban areas.
These occupations have expanded due to pro-business
environment in the country after liberalization.
Conclusion
In this Chapter, we discussed how an occupational
structure undergoes change. We saw that economic
liberalization has had diverse impact on the employment
and occupational structure in India. Rate of employment
growth has slowed down, and there is a general trend
of marginalization of labour. Public sector employment
has suffered while private sector employment has
grown. This is reflected in the changes in occupational
structure. New sectors and new occupations are coming
up due to information technology and outsourcing, but
mainly for the educated youth population.
References
Government of India (2007): Economic Survey, 2006-07.
Read also the latest published every year.
Publishing House, New Delhi.
Chandrasekhar, C.P and Jayati Ghosh (2006): The
Market That Failed: Neoliberal Economic Reforms in
India, Leftword: New Delhi, Chap. 12.
Rohini Nayyar and Alakh N Sharma (2004):
Rural Transformation in India: the Role of Non-farm Sector,
Institute for Human Development, New Delhi.
Social and Human Development

* Chinmoy Biswal
Introduction
We frequently come across the words ‘growth’ and
‘development’ while talking about society. Growth is a
quantitative concept whereas development incorporates
qualitative aspects. Some perceive development in terms
of better roads, electricity, markets, buildings, vehicles
etc. while some others understand it in terms of removal
of poverty, unemployment, insecurity, illiteracy, ill
health and so on. What constitutes development can
be a matter of debate, and opinions may vary. Lately,
there has been a realization that development does
not just comprise of economic growth or physical
infrastructure development, but it should also show in
terms of improvements in people’s lives. So development
has now come to be evaluated in terms of human
wellbeing or human development. We all know the
age-old proverb ‘health is wealth’. A person who is not
healthy cannot have happiness and meaning in life
even if he/she is rich. Similarly, nations cannot be
said to be healthy and happy only because they are
wealthy. It has to be visible in spheres other than
economic prosperity.
In this chapter, we will begin by looking at the concepts
of growth and development and then discuss the
dimensions of ‘human development’ which is at the
center stage of contemporary development theory and
practice. We will then examine a very important issue
* Mr. Chinmoy Biswal, JNU, New Delhi

Social and Human Development 141
in development discourse- population and development-

by scrutinizing their relationship. You will often review
these concepts and work on them in your professional
life.
Growth and Development

What is the relationship?
Growth is a concept used in Economics to mean an
increase in national income of a country and an
increase in per capita income (PCI) which is nothing
but the national income divided by the total population
in the country. The measure of annual national income
of a country is in terms of Gross National Product
(GNP) which is the money value of the total goods and
services produced by a country in a year. This GNP
divided by total population gives the figure which is
called the GNP per capita, or simply ‘per capita income’.
It is the average income of the population. Like all
statistical averages, it suffers from certain drawbacks.
It does not show the distribution of income in the
country. Besides, it only measures money income and
nothing else. So all the goods and services that do not
come for market transactions, like the labour women
do inside homes, are not counted in the GNP. Also,
most importantly, it does not show up achievements
that people value significantly, for example, better
nutrition, health care, secure livelihoods, better working
conditions, freedom from crime and violence, and
participation in social, cultural and political activities.
As we shall soon see, income may be important, but it
is not the sum total of human life.
It is easy to assume that more the income of a country,
more will be the development and people’s well being.
But it may not be so, just as being wealthy does not
necessarily guarantee being healthy. According to
Amartya Sen (1988), the relationship between GNP

and conditions of living is complex. Table 1 gives the
GNP per capita and average life expectancy at birth in
1985 for five different countries.
Table 1 : Economic Prosperity and Life
Expectancy, 1985
Country GNP per capita Life Expectancy
at Birth
China 310 69
Sri Lanka 380 70
Brazil 1640 65
South Africa 2010 67
Mexico 2080 55
Oman 6730 54
Source: World Development Report 1987 (cf Sen, 2004)
Although Oman has more than twenty times the GNP

per capita of China and Sri Lanka, yet it has significantly
low life expectancy than other countries. Likewise,
Brazil, South Africa and Mexico have much higher
incomes than China and Sri Lanka, but much lower
life expectancy than them. That means the countries
highly ‘developed’ in terms of income may not be as
developed in other social indicators. Hence, Amartya
Sen (2004) states that development cannot be measured
only with economic growth. It is true that keeping
other things constant, with an increase of GNP of a
country, the condition of living of people improves, so
does life expectancy. This may happen in the long run,
but not necessarily in the short run. So, there exist
other factors that affect the living conditions, and the
concept of development cannot forgo these.
New view of development

After winning independence from colonial powers in
the 1950s and 1960s, many of the countries (called
Third World) chose the growth oriented approach of
development through industrial and agricultural
expansion, aided by technology transfer and financial
assistance from the industrialised countries as well
as international financial institutions. The growth-led
developmental experience of industrialised countries
served as the models of their future. The decade of
1960s was characterized by the predominance of “growth
models” of development. We have discussed about
one such model given by Rostow in Chapter 3 on
Industrialisation. Such models proposed that increasing
the growth of these economies through investments
would lead to higher growth, the benefits would ‘trickle
down’ to the masses and there would be economic
development.
Many of these economies achieved growth. The per
capita income of a number of countries had grown over
this period and health and education levels had
improved; yet in a number of countries which had
experienced a rise in their GNP, the standard of living
did not improve for a vast majority of the population. In
fact, many millions joined the already hundreds of
millions of people in absolute poverty (Webster, 1997).
In many countries, sharp inequalities appeared with
the rich minority growing richer and the poor majority
becoming poorer. In other words, the “trickle down”
had not occurred. This necessitated a reexamination
of the concept of development. In this context, Seers
(1969) asked three important questions regarding
development: “What has been happening to poverty?
What has been happening to unemployment? What has
been happening to inequality? If all three of these have
declined from high levels, then beyond doubt this has

been a period of development for the country concerned.
If one or two of these central problems have been
growing worse, especially if all three have, it would be
strange to call the result ‘development’ even if per
capita income doubled.”
Critics of growth-oriented approach argued that such a
situation arose because sufficient attention was not
paid to real human welfare. It was argued that a
complete change of approach for third world development
was needed. Economists like Streeten and Seers
advocated for a programme that had its essential
ingredient a redistribution of income and resources
downwards. This led to the strategy of “redistribution
with growth”, and later the “basic needs strategy” of
development. The basic needs strategy was concerned
with two things: (1) providing all human beings,
particularly the poor and deprived in the third world
countries, with material needs like food, clothing,
shelter and fuel; and (2) alleviating absolute poverty as
quickly as possible. It had elements of social justice.
Gradually, it was realized that development must focus
beyond meeting the basic needs of people in poor
countries. It should encompass all the opportunities
needed to live a fuller human life. Also, human beings
should not be seen as recipients of development
benefits, but as the goals of development. And while
discussing human well being, it is the poorest and the
weakest sections that must be especially taken into
consideration. With this, the preoccupation with growth
is replaced by a holistic idea of human welfare or well-
being as the central concern of development. Growth
is meaningful if it enhances human well being. This
approach is known as the human development approach.
Human Development
The concept of ‘human development’ was formally
launched in 1990 with the publication of Human
Development Report by the United Nations Development
Programme (UNDP). It was the result of years of debates
and discussions between economists, social scientists,
activists, development agencies etc. in which late
economist Mahbub ul Haq played the lead role. The
conception of human development has been influenced
also by Nobel laureate economist Amartya Sen’s ideas
of ‘capabilities’ and ‘freedom’. According to Sen,
development is the expansion of freedom, well being
and dignity on individuals in society.
However, the human development approach is not a
new idea. In Haq’s own words, the rediscovery of human
development is a tribute to early leaders of political
and economic thought who propounded that social
arrangements must be evaluated to the extent to which
they promote ‘human good’, not wealth or income. The
idea dates back to Aristotle (384-322 B.C.) who argued
that “wealth is evidently not the good we are seeking,
for it is merely useful and for the sake of something
else”, and to Emanuel Kant who called upon to treat
humanity as an end, never as means only (Haq, 2000).
Definition and meaning
Human development is concerned primarily with the
reduction of human deprivation, the creation of human
capability, and unleashing processes that enlarge
peoples’ choices The Human Development Report 1990
defines human development as a process of enlarging
people’s choices. Although these choices are limitless
and change over time, three essential choices for people
at all stages of development are — to lead a long and
healthy life, to acquire knowledge and to have access
to resources needed for decent standard of living. But

human development does not end there. “Additional
choices highly valued by many people range from
political, economic and social freedom to opportunities
for being creative and productive and enjoying personal
self-respect and guaranteed human rights” (Haq, 2000).
The Report explains that human development has two
sides: the formation of capabilities - such as improved
health, knowledge and skill — and the use people
make of their acquired capabilities — for leisure, for
productive purposes or for being active in cultural,
social and political affairs. If the scales of human
development do not finely balance between the two
sides, considerable human frustration may result.
According to this concept of human development,
income is clearly only one of the options that people
would like to have, albeit an important one. But it is
not the sum total of their lives. Development must,
therefore, be more than just the expansion of income
and wealth. Its focus must be people.
Main features
Haq (2000) has given the following main features of
human development.
1) Development must put people at the center of its
concerns.
2) The purpose of development is to enlarge all human
choices, not just income.
3) The human development paradigm is concerned
both with building up human capabilities (through
investment in people) and with using those human
capabilities fully (through an enabling framework
for growth and employment).
4) Human development has four essential

components: Equity, Sustainability, Productivity and
Empowerment. It regards economic growth as
essential but emphasizes on quality and
distribution. It also analyses its links with human
lives and questions its long-term sustainability.
5) The human development paradigm defines the ends
of development and analyses sensible options for
achieving them.
Strengths of human development
We have already discussed how human development
scores over GNP approaches. But it also differs from
other conventional approaches like human capital
formation, human resource development, human
welfare or basic needs (HDR, 1990). Human capital
formation views human beings as a means rather than
as ends, as instruments in furtherance of commodity
production which is only one side of development
because it overlooks human beings as recipients and
goals of development. Human welfare approaches look
at human beings more as beneficiaries of the
development process than as active participants in it.
The “basic needs” approach, which was the precursor
to human development, concentrates on providing basic
need to all human beings for opportunities for a full
life. But it does not focus on the issue of human
choices. Human development goes beyond basic needs
in many ways. It is concerned with all human beings,
not just the poor and not just in poor countries, and
not only basic needs (Streeten, 2000). It applies to all
countries irrespective of their income levels. It sees
human development as a participatory and dynamic
concept as it focuses on building up human capabilities
and the use people make of these capabilities.
The approach highlights two things: that well being is

the purpose of development and that economic growth
is to be treated only a means of it.
Development Indicators
The scope of human development being very broad, it
was a challenge to devise a suitable indicator. This is
because it would be desirable to include all the variables
that expand human choices and freedoms, and so the
variables would be so many. Again, human development
being a dynamic concept, evolving through time and
varying over space (choices of people would be culture
specific too) there will be entry of a number of criteria.
This would pose a problem of standardization as well
as preciseness. Too many variables would make the
picture complex and unmanageable.
So the new index needed to include only a limited

number of variables, yet capture the essence of human
development. It needed to be a composite index for all
variables and cover both social and economic choices.
This measure is called the Human Development Index
(HDI). Later in 1995 and 1997, two other measures —
gender development index (GDI) and Human Poverty
Index (HPI) were constructed to focus on specific
aspects.
Human Development Index (HDI)
The Human Development Index was evolved by focusing

on three basic elements of human life: longevity,
knowledge and decent living standards. For longevity,
life expectancy at birth is the indicator; for knowledge,
literacy figures are taken into account; and as a
measure of decent living, purchasing power-adjusted
real GNP per capita was chosen (HDR 1990).
So the first step is to construct a country’s measure of

deprivation for each of these basic variables. Minimum
and maximum values are defined for the actual observed
values of each of the three variables in all countries.
The deprivation measure then places the country in
the 0-1 range, where 0 is the minimum observed value
and 1 the maximum. So, if the minimum observed life
expectancy is 40 years and the maximum 80 years,
and a country’s life expectancy is 50 years, then its
index for life expectancy is 0.25. The second step is to
compile an average indicator by taking a simple average
of the three indicators. The third step is to measure
the HDI as 1 minus the average deprivation index
obtained. The HDI value shows how a country is placed
vis-à-vis other countries.
Because the relative nature of the maximum and

minimum values for each year created difficulty in
comparison of a country’s performance from year to
year (a country might improve its indicators and yet
see a fall in its HDI ranking due to relative better
performance by others), now a fixed-value system has
been adopted. The maximum and minimum values are
the ones observed over the previous three decades or
expected over the next three decades, which allow
comparison of country’s performance over a period of
60 years.
Box 1
HDI versus GNP
 Besides income, the HDI measures education
and health and is thus multidimensional,
rather than one-dimensional.
 It draws attention of policy makers towards
the ultimate objectives of development not
just the means.
 It is more meaningful as a national average

than GNP because there are much greater
extremes in income distribution than in the
distribution of life expectancy and literacy.
 It shows that the human development gaps
between nations are more manageable than
the ever widening income disparities The
average income of the South may be only 6
per cent of the North’s— but its life expectancy
is 80 per cent, its nutrition level 85 per cent
and its adult literacy rate 66 per cent on the
North’s.
 The HDI can be disaggregated by gender,
ethnic group or geographical region and in
many other ways — to present relevant policy
inputs as well as to forecast impending trouble.
Indeed, one of the HDI’s strength is that it
can be disaggregated in ways that hold a
mirror up to society.
Table 2 : Similar Incomes, Different HDIs, 1991-92

Country GNP HDI HDI Life Adult Infant
per capita value rank expectany literacy mortality
(US$) (years) rate(%)
(per 1,000
live births)
GNP per capita around $500
Sri Lanka 500 0.665 90 71.2 89 24
Guinea 500 0.191 173 43.9 27 135
GNP per capita around $1,000 to $1,1100
El Salvador 1,090 0.543 112 65.2 75 46

Congo 1,040 0.461 123 51.7 59 83
GNP per capita around $2,5000 to $2,6000
Malaysia 2,520 0.794 57 70.4 80 14
Iraq 2,550 0.614 100 65.7 63 59
Source: HDR, 1994, p. 15
How is the HDI useful? Mahbub ul Haq enlists some

points how the HDI captures many conditions of human
life.
National Priorities: The comparison of HDI of various

countries shows which countries are able to combine
economic growth with social development and which
are falling behind. This helps policy makers set national
priorities and achieve them. Thus the HDI rankings
serve as a reality check.
Potential Growth: Economic growth also depends on

human capital formation, which in turn depends on
investments on health and education. So the HDI an
reveal the future potential of economic growth. If a
country has invested in human infrastructure, which
shows in its HDI, it can accelerate GNP too by choosing
proper economic policies.
Disparities: The disaggregation of HDI by gender, ethnic

groups, class and geographical regions helps bring out
disparities between various sections of society. It has
enormous policy impact in serving as an early warning
system to check it and prepare national development
plans to create parity among different sections through
special measures necessary.
Change over time: The annual HDI exercises keep

track of the changes in a country’s human development
and also the overall change in human development in
the world. For example, the majority of world population
(73%) was in the low human development category in
1960, but only 35% were in that category in 1992. An
interesting observation is that the developing countries
more than doubled their average HDI between 1960
and 1992 while the developed countries, which already
were on high levels, increased theirs by only 15%.
Human Poverty Index (HPI)
With the realization that poverty is a multi-dimensional

problem, the usual practice of defining it in terms of
income and consumption is gradually losing hold. In
fact, in the 1970s the idea of ‘social exclusion’ came
into prominence. Thus, those who were not income-
poor yet were marginalized in society also drew
attention (HDR, 1997). The Human Development Report
of 1997 brings in a concept of Human Poverty Index
(HPI) in order to collectively present varied aspects of
deprivation in the quality of life so that we are able to
gauge the spread of poverty in a community.
The HPI has three essential elements which are already
a part of the HDI-longevity, knowledge and a decent
standard of living. The first deprivation relates to
survival — the vulnerability to death at a relatively
early age — and is represented in the HPI by the per
centage of people expected to die before age 40. The
second aspect relates to knowledge — being excluded
from the world of reading and communication — and is
measured by the per centage of adults who are
illiterate. The third dimension relates to a decent
standard of living, in particular, overall economic
provisioning. This is shown by a composite of three
variables— the per centage of people with access to

health services and to safe water, and the per centage
of malnourished children under five.
However, human poverty has many other aspects which
are difficult to measure. Some of these vital areas are
lack of political freedom, lack of personal security,
inability to participate in decision-making (Fukuda-
Parr and Shiva Kumar, 2004).
Gender-Related Development Index (GDI)
Gender deprivation and inequality has long been the
subject of discussion in development. One of the
critiques of HDI was that it did not take into account
the differential impact of development on men and
women. To address this issue, a new measure was
invented in 1995. The Human Development Report of
1995 states that “human development, if not
engendered, is endangered”.
For measuring GDI, inequalities between men and
women are taken note of and then the overall
achievement of men and women in three aspects of
HDI — life expectancy, educational attainment, and
adjusted real income are considered. On the basis of
analysis of GDI values, many meaningful observations
have been made such as gender equality is not
dependent on the income level of a society. Since
1995, these measures form an integral component of
the human development reports.
Gender Empowerment Measure (GEM)
The Gender Empowerment Measure (GEM) focuses on
participation — economic, political and professional. It
finds out the extent to which women have been
empowered or enfranchised to participate in various
aspects of public life as compared to men (see box 1.2).
Box 2
The GDI and the GEM
The Gender-Related Development Index (GDI)
measures achievement in the same basic
capabilities as the HDI does, but takes note of
inequality in achievement between men and
women. The methodology used imposes a penalty
for inequality, such that the GDI falls when the
achievement levels of both women and men in a
country go down or when the disparity between
their achievement increases. The greater the
gender disparity in basic capabilities, the lower a
country’s GDI compared with its HDI. The GDI is
simply the HDI discounted, or adjusted downwards,
for gender inequality.
The Gender Empowerment Measure (GEM)
examines whether women and men are able to
actively participate in economic and political life
and take part in decision-making. While the GDI
focuses on expansion of capabilities, the GEM is
concerned with the use of those capabilities to
take advantage of the opportunities of life.
Source: HDR, 1995
Human Development Reports: Important

Issues
Human development is not a static concept but a
dynamic one. Because its goal is to expand the
capabilities and freedoms of people which cannot be
limited, the human development concept is also ever
expanding to account for those. Besides, newer ways
to assess human development achievements are coming
up with time, for instance, the human poverty index
and gender development index. These ideas emerge
from deliberations among experts, people, and

practitioners of development across the world and are
incorporated in the Human Development Report (HDR)
published by the UNDP every year. The theme deals
with an issue which is in focus of development. The
HDRs are immensely useful in giving insights into the
state of human development — globally and nationally
— and serve as a reality check for governments and as
a guideline for action for development institutions and
non-government organisations. Given below is a
collection of the main themes of the reports from year
1990 till 2006. You will see many dimensions and
issues of human development reflected in these
Reports.
Concept and Measurement of Human Development
(1990)
The main issue the Report addresses is the question of
how economic growth translates — or fails to translate
— into human development. The focus is on people
and on how development enlarges their choices. The
Report discusses the meaning and measurement of
human development, proposing a new composite index.
Its overall orientation is pragmatic.
Financing Human Development (1991)
The main conclusion of this Report is that lack of
political commitment rather than financial resources
is often the real cause of human development.
Global Dimensions of Human Development (1992)
The richest 20 per cent of the population now receives
150 times the income of the poorest 20 per cent. The
Report suggests a two-pronged strategy to break away
from this situation. First, making massive investments
in their people and strengthening national technological
capacity can enable some developing countries to

acquire a strong competitive edge in international
markets (witness the East Asian industrializing tigers).
Second, there should be basic international reforms,
including restructuring the Bretton Woods institutions
and setting up a Development Security Council within
the United Nations.
People’s Participation (1993)
The Report examines how and to what extent people
participate in the events and processes that shape
their lives. It looks at three major means of peoples’
participation: people-friendly markets, decentralised
governance and community organisations, especially
non-governmental organisations (NGOs), and suggests
concrete policy measures to address the growing
problems of increasing unemployment.
New Dimensions of Human Security (1994)
The report introduces a new concept of human security
which equates security with people rather than
territories, with development rather than arms. It
examines both the national and the global concerns of
human security.
Gender and Human Development (1995)
The report analyses the progress made in reducing
gender disparities in the past few decades and highlights
the wide and persistent gap between women’s expanding
capabilities and limited opportunities. Two new
measures are introduced for ranking countries on a
global scale by their performance in gender equality
and there follows an analysis of the under-valuation
and non-recognition of the work of women. In conclusion,
the report offers a five-point strategy for equalizing
gender opportunities in the decade ahead.
Economic Growth and Human Development (1996)

The Report argues that economic growth, if not properly
managed, can be jobless, voiceless, ruthless, rootless
and futureless, and thus detrimental to human
development. The quality of growth is therefore as
important as its quantity for poverty reduction, human
development and sustainability.
Human Development to Eradicate Poverty (1997)
Eradicating poverty everywhere is more than a moral
imperative — it is a practical possibility. That is the
most important message of the Human Development
Report 1997. The world has the resources and the
know-how to create a poverty-free world in less than a
generation.
Consumption for Human Development (1998)
The high levels of consumption and production in the
world today, the power and potential of technology and
information present great opportunities. The report
asks the question that after a century of vast material
expansion, will leaders and people have the vision to
seek and achieve more equitable and more human
advance in the 21st century?
Globalization with a Human Face (1999)
Global markets, global technology, global ideas and
global solidarity can enrich the lives of people
everywhere. The challenge is to ensure that the benefits
are shared equitably and that this increasing
interdependence works for people not just for profits.
This year’s Report argues that globalization is not new,
but that the present era of globalization, driven by
competitive global markets, is outpacing the governance
of markets and the repercussions on people.
Human Rights and Human Development (2000)

HDR 2000 looks at human rights as an intrinsic part of
development and at development as a means to realizing
human rights. It shows how human rights bring
principles of accountability and social justice to the
process of human development.
Making New Technologies Work for Human

Development (2001)
Technology networks are transforming the traditional

map of development, expanding people’s horizons and
creating the potential to realize within a decade
progress that required generations in the past.
Deepening Democracy in a Fragmented World (2002)
This Report is first and foremost about the idea that

politics is as important to successful development as
economics. Sustained poverty reduction requires
equitable growth-but it also requires that poor people
have political power. And the best way to achieve that
in a manner consistent with human development
objectives is by building strong and deep forms of
democratic governance at all levels of society.
Millennium Development Goals: A Compact among

Nations to End Human Poverty (2003)
The range of human development in the world is vast

and uneven, with astounding progress in some areas
amidst stagnation and dismal decline in others. Balance
and stability in the world will require the commitment
of all nations, rich and poor, and a global development
compact to extend the wealth of possibilities to all
people.
Cultural Liberty in Today’s Diverse World (2004)

Accommodating people’s growing demands for their
inclusion in society, for respect of their ethnicity,
religion, and language, takes more than democracy
and equitable growth. Also needed are multicultural
policies that recognize differences, champion diversity
and promote cultural freedoms, so that all people can
choose to speak their language, practice their religion,
and participate in shaping their culture so that all
people can choose to be who they are.
International Cooperation at a Crossroads: Aid, Trade
and Security in an Unequal World (2005)
This Report takes stock of human development including

progress towards the MDGs. Looking beyond statistics
it highlights the human costs of missed targets and
broken promises. Extreme inequality between countries
and within countries is identified as one of the main
barriers to human development and as a powerful
brake on accelerated progress towards the MDGs.
Beyond Scarcity: Power, Poverty And The Global

Water Crisis (2006)
Water crisis is deepening around the world. More than

1 billion people lack clean water for drinking, and 2.6
billion people lack sanitation. Every day, nearly 5,000
children die and countless other people fall ill, unable
to attend school or work, because of water-related
disease. The 2006 Human Development Report
documents these tragedies as well as the extreme
disparities in access to what ought to be a basic human
right. While utilities deliver cheap, government-
subsidized water to wealthy suburbs and industries,
poor neighbourhoods are left out. Impoverished families
pay up to 10 times more for water than do rich
households in the same city. The international

community must act now, as clean water is the
foundation for good health, education and better
economic opportunities.
Fighting Climate Change: Human solidarity in a

divided world (2007-08)
The report states that climate change is the defining

human development challenge of the 21st Century.
The poorest countries and the most vulnerable citizens
will suffer the earliest and most damaging setbacks,
even though they have contributed least to the problem.
No country, however wealthy or powerful, will be
immune to the impact of global warming. Climate
change challenges all people to reflect upon how we
manage the environment and to reflect on social justice
and human rights across countries and generations. It
challenges people across the globe to accept their
responsibility to initiate deep cuts in greenhouse gas
emissions.
Impact of Human Development Reports
Ever since its first publication in 1990, the Human

Development Report has set the tone of development
policy dialogue across the world and within nations. It
has generated a lot of enthusiasm on the part of
development agencies, NGOs, activists and also
governments who have sincerely tried to orient their
policies. The Report has influenced the global search
for new development paradigms with focus on equitable
distribution of growth and responding to people’s
aspirations. It has helped launch many new policy
proposals, for example, investing more in people than
in arms in the poor nations. Most importantly, many
developing countries have begun to formulate human
development strategies and implement long term

developmental plans.
Critiques of Human Development

Although human development concept has been hailed
as a paradigm shift in development thought, it is not
without criticisms. Most criticisms pertain to the
ambitious goals it sets in terms of broadening people’s
choices, yet confines itself to measuring three variables
only, indicating that the concept has oversimplified its
priorities. Proponents of human development have
responded that these three variables capture the
essential elements of human choices and capabilities
in a substantial manner. Longevity reflects freedom
from violence, diseases, ill health, and nutritional and
health related deprivation; literacy shows access to
resources of knowledge and participation while the
income part reflects the command over resources for
a decent living and realizing one’s capabilities. Critics
say the measure does not pay attention to elements
such as empowerment, equity, sustainability and
security, which are vital for making choices. Moreover,
there is a view that economic and social indicators
should not be combined into a single figure as HDI, but
analyzed in tandem.
Critics also argue that it is difficult to determine what
choices constitute human development. For instance,
should increase in divorce rates be taken as a positive
or a negative sign of human development? In the former
case, it reflects the choices to rectify wrong decisions
regarding marriage and come out of it. In the latter
case it reflects greater amount of instability in the
family and general social relationships among people.
A further criticism is that the human development
concept has been designed primarily by economists
and hence, the variables concentrate on the human

aspect of development. It takes the attention away
from the social aspects like socio-political institutions,
social structures and social groups, which are not
reflected in the variables chosen.
However, there is a broad agreement that the human
development approach is a significant improvement in
the way development is perceived and measured,
although more needs to be done in future.
Conclusion
In this Chapter, we discussed two different but related
areas in development. We discussed the limitations of
growth centric approach to development and the need
to conceptualise development in broader terms of social
well being of people. That is captured in the human
development approach which puts human beings at the
center of all development. Human development, we
saw, believes in expanding people’s choices. The Human
Development Index (HDI), based on the knowledge level,
longevity and real-value adjusted GNP per capita of
people, measures the deprivation of people and ranks
countries according to their scores.
References
Fukuda-Parr, Saikko and A. K. Shiva Kumar (eds.)
(2004): Readings in Human Development, Oxford
University Press, New Delhi.
Haq, Mahbub ul (2000): Reflections on Human Development,
Oxford University Press, New Delhi.
Human Development Report (1990) Oxford University
Press: New Delhi.

Press: New Delhi.
Press: New Delhi.
Refer to this link for online versions of Human
Development Reports:
http://origin-hdr.undp.org/reports/view_reports.cfm
Publishing Co., New Delhi, 24th edition, Ch. 1,2,3.
Sen, Amartya (1988): ‘The Concept of Development’ in
Chenery and Srinivasan (eds.) Handbook of Development
Economics, Volume 1, Elsevier Science Publishers,
Amsterdam.
Streeten (2000): ‘Foreword’ in Mahbub ul Haq, Reflections
on Human Development, Oxford University Press, New
Delhi.
Sustainable Development
* Chinmoy Biswal
Introduction
After the Industrial Revolution, industrialism has come
to dominate all thoughts of development. The present
mode of development is therefore heavily industrial
based and growth-oriented. The concept of human
development attempts to give the development paradigm
a direction from economic growth towards human
beings, yet industrialism remains dominant. We have
already discussed the critiques of industrialisation by
environmentalists and alternative development
theorists. In the past few decades, a new concept-
sustainable development- has emerged. Just as human
development poses the question of human beings vis-à-
vis economic growth, the concept of sustainable
development attempts to pose the question of nature,
environment and ecology vis-à-vis the growth-driven
model of development by raising the issue of
sustainability. This is done on two grounds: resource
depletion and environmental pollution. Since economic
development means speedy use of earth’s resources for
ever rising production, how long can earth’s resources
sustain such depletion of finite resources is the main
question. Besides, the large-scale pollution of air, water
and soil, increase in green house gases, ozone layer
depletion, global warming etc. which are byproducts of
resource use for industrial production and consumption-
oriented lifestyles, threaten the environment and life

Sustainable Development 165
bearing systems with an ultimate collapse. This has

brought the danger to survival of humankind closer than
anyone had ever imagined. In his critique of modern
civilization, Mahatma Gandhi, a pioneering philosopher
of a socially just and ecologically sustainable form of
development, had warned of this situation when he said
“the earth has enough for everyone’s need, but not for
everyone’s greed.”
Concept and Meaning

The concept of sustainability is defined differently in
different contexts. In context of development and
environment, the first official definition of sustainable
development has been given by the United Nations World
Commission on Environment and Development (WECD)
in its report titled Our Common Future (1987). This is
popularly referred to as the Brundtland Commission
Report, named after its Chairperson Gro Harlem
Brundtland, a former Prime Minister of Norway, and
now a Special Envoy on Climate Change for UN
Secretary General. This Report was adopted as a
resolution in the UN General Assembly in the same
year. The Commission defines:
“Sustainable development is the development that meets
the needs of the present without compromising the
ability of the future generations to meet their own
needs. It contains within it two key concepts:
 the concept of ‘needs’, in particular the essential
needs of the world’s poor, to which overriding
priority should be given; and
 the idea of limitations imposed by the state of
technology and social organization on the
environment’s ability to meet present and future
needs.”
This definition focuses on two things - meeting the needs

of the poor through development, and the destructive
impact of today’s technology and development on earth’s
resources which endanger the survival of future
generations. It tries to reconcile two seemingly
irreconcilable entities – environment and development.
It recognizes that the humankind has to depend on
nature to meet its ‘needs’, and development must go on
to address the needs of the poor people who are
untouched by development till now. But at the same
time, earth’s resources like land, forests, water, air,
minerals, fuel etc are limited. If the rate of resource
extraction is maintained at the current rate, there
would be nothing left for the future generations. Hence,
development must be a balance between these two ends
so as to become sustainable.
You can see that the concept is a shift in the growth-

oriented development thinking which emphasizes ever
higher growth and ever rising consumption of material
goods as highly desirable. Sustainable development
warns that such model is destructive to itself and that
only is sustainable which does not bring irreparable
damage to earth’s capacity. It thus brings in a notion of
limits to development.
One may question that however much the rate of growth

is slowed down, resources are ultimately finite and
would get exhausted one day anyway. So what kind of
model of development or what strategy does the concept
of sustainable development advocate? We will explore
these issues in the next sections. Now let us take a
look at the development-environment debate which has
given birth to this concept.
Development- Environment Debate

Beginning with Industrial Revolution, nature had to
undergo an unprecedented transformation. Prior to this,
the major form of exploitation of nature was clearing of
forests for woods and agriculture. Industrialization
needed raw materials which expanded from cotton, wood
and coal to deposits of minerals hitherto unexplored.
There was a heightened use of resources for more and
more production. Also the more factories opened, the
more polluted the atmosphere became.
The eighteenth century Europe saw a new philosophical
development known as Enlightenment, which believed
that forces of science and technology can be used to
end human misery and suffering, and serve as a means
of ‘progress.’ The factory system of production equated
progress with satisfaction of material wants and
eventually created a consumer oriented society. The
Enlightenment and the Industrial Revolution laid the
foundation of an ‘expansionist economic world view’
(Taylor cf Maser, 1997) from which arises the concept
of continuous growth.
In this expansionist economic worldview, Nature is seen
as a vast store house of resources which must be
converted to commodities for the satisfaction of material
wants of the growing population. This material growth
is equated with economic growth, which is equated with
social development, seen as a pre-requisite for
happiness and prosperity. Any drop in rate of growth
would therefore result in economic stagnation, mass
unemployment and social distress.
The dominant development paradigms are located in
this expansionist economic worldview. The problem is
that wants are unlimited and resources of nature are
limited. So this expansion of material goods cannot go
on forever.
There was resentment against this development model

from environmental movements. The impact of industrial
mode of development on nature was devastating which
threatened the survival of humankind. The deterioration
of nature was two fold: strain on finite resources like
coal, minerals, oil etc. and degradation of quality of
environment air, water, river, land pollution. This was
not limited to advanced industrial countries only,
because the industrialization model of development had
been transferred to third world countries too. The
exploitation of nature was on a global scale, so were
the threats to nature.
In this scenario, there emerged two schools of thought.
One supported the cause of development, and the other
championed the cause of environment. The former were
pro-growth, who did not want to compromise on the pace
of development while the later were for zero growth,
and total preservation of nature. The pro-environment
school called for rethinking development policies,
strategies and programmes. In this process, development
and environment came to be regarded as two
dichotomous entities. This is essentially the
development – environment debate. It gained pace after
the Second World War.
Meanwhile, the growth-oriented development model was
coming under increasing criticism for not sharing the
economic growth with the poorer masses. Inequalities
between ‘rich’ and poor nations were rising despite
economic growth, as were disparities within their richer
and poorer sections of population. This growth approach
therefore began to be questioned on the grounds of
‘equity’ and ‘human welfare’. We have discussed earlier
unit 2. These developments were crucial to the origin
of the idea of sustainable development. As we will see,
sustainable development contains all these elements.
It sees development and environment dichotomy as false

and believes that both can be addressed together.
Origin and Evolution

The idea of sustainable development can be traced to
earliest ecological thinking from ancient times. That
Nature is the provider of all sustenance and it must be
preserved is not a new thinking in itself. Much before
the large scale resource depletion started under
industrialisation, societies laid stress on permanence
of bonds with nature which should not be unduly
disturbed. Technological development being low, large
scale tampering with nature was also not possible.
However, there are evidences in history of many
civilizations collapsing due to resource constraints (Rao,
2000). The biggest era of exploitation of nature began
with Industrial Revolution which established the
superiority of science over nature through advanced
technology. The human-nature balance began to get
disturbed due to expansion of industries and mining.
This period also saw the growth of several economic
and environmental philosophers who noted the
significance of natural resource limitations and their
depletion, although with different perspectives. J.S. Mill
(1806-73) advocated the concept of ‘Homo economicus’
which assumes that human beings are rational self-
interested beings who try to maximize their wealth. He
also noted that “unlimited increase of wealth and
population could deprive the earth of its pleasantness”.
Marx considered the problem of resource depletion and
unsustainable development as a result of class structure
and profit–driven capitalist enterprise. Pinchot (1910)
argued that “the first great fact about conservation is
that it stands for development” and conservationism is
the “use of natural resources for the greatest good to
the greatest number for the longest time” (cf. Rao, 2000).
The first to warn about the limited nature of resources

was Malthus, about whom we have discussed in earlier.
Although his pessimistic predictions have been
empirically proven wrong, his basic idea about the earth’s
limited capacity is still upheld. Then the neo-
Malthusians expanded Malthus’s idea by postulating a
much broader notion of limits. Unlike Malthus who
considered only the food production capacity of earth to
be limited, according to neo-Malthusians, all resources
– land, water, forests, air, minerals, oil etc. are limited.
The pressure of population on these limited resources
would lead to a collapse of the ‘carrying capacity’ of
earth. The Club of Rome report in 1972 entitled The
Limits To Growth was the first systematic challenge to
the idea that ‘progress’ through economic growth can
go on into the future endlessly. It was the first reality
check on the finite nature of resources and the
pessimistic future that lay ahead if the growth-oriented
development was pursued at the same rate.
However, the essence of Malthusian and neo-Malthusian
thinking lay on the notion of ‘over population’. So the
cause and remedy of resource depletion would be
through limiting population growth. Sustainable
development, on the other hand, recognizes
‘development’ as a cause of pressure on earth. It
questions the sustainability of resource-intensive styles
of life and the growth-oriented development.
In 1962, Rachel Carson wrote a book Silent Spring on
the public health hazards of pesticides, especially the
DDT. It is considered as laying the foundation of modern
era of environmental awareness and concern in the
developed world. Examining every form of life on earth,
she called for accommodation between humans and
nature.
Stockholm Conference
Another important development in 1972, the same year
the Club of Rome report appeared, was the United
Nations Conference on Human Environment held at
Stockholm, regarded as the key event in the emergence
of global environmental concerns (Adams, 2005). Its
initial focus was on the environmental problems of
industrialization such as acid rain and pollution.
Developing countries were dissatisfied with this agenda
because their problems like poverty were not included.
Moreover, they considered the developed countries as
the biggest users of resources and also the biggest
contributors to pollution. It was at Stockholm Conference
that India’s then Prime Minister, Mrs. Indira Gandhi,
made a landmark statement: “Poverty is the biggest
polluter”. For developing countries, the priority was
addressing poverty, not pollution.
The Stockholm Conference, however, succeeded in
raising global concern over environmental degradation
and admitted the need to address the problems of the
third world. The most conspicuous result of the
Conference was the creation of United Nations
Environment Programme (UNEP). Its report, Only One
Earth, stated that solutions to global environmental
problems need global level cooperation although the
environmental concerns of developed countries (the
North) and developing countries (the South) were far
from uniform.
World Conservation Strategy
The UNEP played a catalytic role in the preparation of
World Conservation Strategy, which was an effort by
International Union for Conservation of Nature and
Natural Resources (IUCN), now called the World
Conservation Union, in cooperation with the World
Wildlife Fund (WWF), the UNEP, Food and Agriculture

Organization (FAO) and the United Nation Educational,
Scientific and Cultural Organization (UNESCO).
Together, they formed a unit called the Ecosystem
Conservation Group. Their report World Conservation
Strategy: Living Resources Conservation for Sustainable
Development used the concept of sustainable
development for the first time.
Unlike the “Limits to Growth” theorists who had no
policy prescription for what should be done to save the
earth this document provided sustainable development
as the answer. The recognition of meeting the needs of
the present generation as well as preserving resources
for future first appeared in this report. It defined
‘conservation’ as ‘the management of human uses of
the biosphere so that it may yield the greatest
sustainable benefit to the present generations while
maintaining its potential to meet the needs and
aspirations of future generations.’ It defined
‘development’ as the modification of the biosphere and
the application of human, financial, living and non-living
resource to satisfy human needs and improve the quality
of human life. It said: “For development to be sustainable,
it must take account of the social and ecological factors
as well as economic ones: of the living and non-living
resource base, and of the long-term as well as the short
term advantages and disadvantages of alternative
actions.”
“Our Common Future”
The UN set up a World Commission on Environment
and Development in 1983 with Brundtland as the
chairperson to reexamine the issues of development
and environment and to evolve global policy formulations
to meet the challenges. The Commission’s report Our
Common Future adopted the definition of World
Conservation Strategy and incorporated ideas that had

emerged out of wider deliberations throughout the
world. It gave the first official definition of the concept
of sustainable development. It also identified a number of
‘common challenges’ – population and human resources,
food security, ecosystems, energy, industrial
development and urbanization. It envisaged the future
of the earth as common to all nations and therefore,
sought to address the above mentioned challenges
through shared efforts. We shall discuss the report in
detail in the next section.
Rio Earth Summit, 1992
The concept of sustainable development attained center
stage in global policy debate in the UN Conference for
Environment and Development (Paul, 2007), held at Rio
De Jenorio, Brazil, in June 1992. It is popularly known
as the “Earth Summit”. The event was organized on a
massive scale with more than 150 countries and over
1,400 NGOs taking part. A Sustainable Development
Commission was formed with the purpose of furthering
the work of creating sustainable development policies
and procedures across the world. An “Earth Charter”
containing a plan of action for the 21st century emerged
from the Summit. It is known as “Agenda 21”. A ‘Climate
Convention’ to control climate change due to pollution,
and a ‘Bio-diversity Convention’ to promote bio-diversity
conservation were also adopted. The Rio Declaration
includes 27 principles to provide a framework for
improving the environmental and economic conditions
of the world.
The Kyoto Protocol
To operationalise the Rio Declaration, the UN Climate
Convention met every year. In 1997 at Kyoto in Japan,
it incorporated a protocol known as the “Kyoto Protocol”.
It is the first enforceable international environmental

treaty with 34 signatory countries, who have agreed to
limit their green house gas (GHG) emissions within a
specific period to control global warming.
Rio +10 Summit
After 10 years of Rio Earth Summit, the World Summit
on Sustainable Development (WSSD) was held in
Johannesburg, South Africa, in September 2002. The
significance of Johannesburg Summit lies in its
expanding the ambit of sustainable development to
include forest, health, water, poverty and globalization,
among others. The Summit highlighted the need to
remove poverty, check the plunder of earth’s resources
and address the demands of developing countries in
the era of free trade and globalization.
At present, there is much global concern over climate
change and global warming due to increased carbon
dioxide and other GHG emissions from automobiles and
industries. An Intergovernmental Panel on Climate
Change (IPCC) has been established by World
Meteorological Organization (WMO) and United Nations
Environmental Programme (UNEP), to examine the issue.
The IPCC is the co-winner of Nobel Peace Prize for 2007
in recognition of its work.
Dimensions of Sustainable Development

The Brundtland Commission Report Our Common Future
is the most important landmark in the concept of
sustainable development. It has defined the term, spelt
out the concerns and prescribed broad policies for
actions for sustainable development. We discuss the
report in some detail here. Refer also to box 1.
Sustainable development and Growth

Environmental degradation had led to questioning the
growth approach of development. But the question of
growth as it has been spelt out in Our Common Future
has become a matter of debate between pro-growth and
anti-growth economists. The concept of sustainable
development has not abandoned the approach to growth
because it does not put any absolute limits to growth,
but it clearly says that it puts limits imposed by the
state of technology and social organization on
environmental resources. Technology and social
organization can be managed and improved for a new
era of economic growth. In other words, the concept
advocates the idea of ‘sustainable growth’ (Paul, 2007).
Environmental Protection
Sustainable Development recognizes the criticality of
environment as an endangered entity due to
development and also the causality of environment for
development. It brings a reconciliation of the two, saying
we should strive for conserving the resource base and
for reviving the regenerative capacity of ecosystems.
Focus on Equity
Sustainable development focuses on equity in
distribution of the gains of development, particularly
directed at the developing nations and the poorer
masses. It recognizes the ‘needs’ of the poor people to
develop, and that is why it does not set any absolute
limits on the rate of growth, but only relative limits.
Future Orientation
The crucial dimension of sustainable development is
not only intra-generational equity, but also
intergenerational equity. The present generation must
take the responsibility to see that the coming

generations are at least equally well off as they are.
Sustainable development seeks to distribute the rights
and assets across generations because future
generations have a right to inherit earth’s resources.
A New View Of Progress
Sustainable development offers a new way to look at
the notion of progress, which presumed a unilinear
worldview of technical mastery over nature. Now, the
belief in technology is increasingly in doubt because
people recognize that every new technology, even those
designed to correct the problems of earlier technologies,
brings unforeseen consequences (Norgaard, 2005).
There are side effects of technological intervention, but
beside that, there is a realization that new technologies
do not necessarily increase happiness and welfare.
Objectives of sustainable development
Sustainable development for the first time addresses
the need for setting up policy objectives and devising
strategies to achieve them. It assumes that these would
be followed by all nations so that the effort is truly
global and meaningful. Our Common Future has listed
some critical objectives for environment and
development policies that follow from the concept of
sustainable development. These include:
1) Reviving growth
2) Changing the quality of growth
3) Meeting essential needs for jobs, foods, energy,
water and sanitation
4) Ensuring a sustainable level of population
5) Conserving and enhancing the resource base
6) Reorienting technology and managing risk

7) Merging environment and economics in decision
making, and
8) Reorienting international economic relations
9) Making development participatory
The ninth objective has not been spelt out in Our Common
Future. But most organizations and agencies promoting
the concept of sustainable development subscribe to this
additional operational goal (Lele, 2005).
Strategy of Sustainable Development
According to Our Common Future, the common theme
throughout the strategy for sustainable development is
the need to integrate economic and ecological
considerations in decision making. In its broadest sense,
the strategy for sustainable development aims to
promote harmony among human brings and between
humanity and nature. The pursuit of sustainable
development requires:
1) a political system that secures effective citizen
participation in decision making
2) an economic system that is able to generate
surpluses and technical knowledge on a self-reliant
and sustained basis
3) a social system that provides for solutions for the
tensions arising from disharmonious development
4) a production system that respects the obligation to
preserve the ecological base for development
5) a technological system that can search continuously
for new solutions
6) an international system that fosters sustainable

patterns of trade and finance, and
7) an administrative system that is flexible and has
the capacity for self-correction
Box 1
Sustainable Development
Humanity has the ability to make development
sustainable to ensure that it meets the needs of
the present without compromising the ability of
future generations to meet their own needs. The
concept of sustainable development does imply
limits - not absolute limits but limitations imposed
by the present state of technology and social
organization on environmental resources and by
the ability of the biosphere to absorb the effects of
human activities. But technology and social
organization can be both managed and improved
to make way for a new era of economic growth.
The Commission believes that widespread poverty
is no longer inevitable. Poverty is not only an evil
in itself, but sustainable development requires
meeting the basic needs of all and extending to all
the opportunity to fulfill their aspirations for a better
life. A world in which poverty is endemic will always
be prone to ecological and other catastrophes.
Meeting essential needs requires not only a new
era of economic growth for nations in which the
majority are poor, but an assurance that those
poor get their fair share of the resources required
to sustain that growth. Such equity would be aided
by political systems that secure effective citizen
participation in decision making and by greater
democracy in international decision making.
Sustainable global development requires that those

who are more affluent adopt life-styles within the
planet’s ecological means - in their use of energy,
for example. Further, rapidly growing populations
can increase the pressure on resources and slow
any rise in living standards; thus sustainable
development can only be pursued if population size
and growth are in harmony with the changing
productive potential of the ecosystem.
Yet in the end, sustainable development is not a
fixed state of harmony, but rather a process of
change in which the exploitation of resources, the
direction of investments, the orientation of
technological development, and institutional
change are made consistent with future as well
as present needs. We do not pretend that the
process is easy or straightforward. Painful choices
have to be made. Thus, in the final analysis,
sustainable development must rest on political will.
Source: Our Common Future, p. 8
Critiques of Sustainable Development

Although the concept of sustainable development has
wide appeal because it succeeds in incorporating the
environmental concerns of the developed ‘North’ and
the developmental concerns of the developing ‘South’,
the concept has also been criticized by many scholars.
Some say it is vague and imprecise while others think
it is not useful. Still others see it as a political
instrument used by the developed countries. We will
discuss them in this section.
Contradiction and Ambivalence
The term ‘sustainable development’ is said to be an
oxymoron, that is, a combination of two contradictory
terms. Sustainability of environment implies doing away

with tampering with nature, while sustainability of
development means continuing with exploitation of
nature. These are, therefore, two mutually exclusive
concepts put together in a contradiction.
Environmentalists say that the term has created a
terrain of semantic ambivalence (Sachs, 1997) which
has shifted the locus of sustainability from nature to
development. Sustainable development talks about the
sustainability of development, not of ecology or
environment. The focus has shifted towards
development, away from nature. So in a way it has taken
the shape of conservation of development, not of
environment.
The idea of sustainability was initially used by foresters
in 18th and 19th century Europe in connection with forest
use. Enough trees would be planted in the forests to
replace the annual harvest of timber for household and
industrial use so that the forest resources are
sustainable. A similar use of the term by
environmentalists was in connection with fishery
resources. But in the modern context, the word has no
meaning when used in context of finite resources
because they cannot ever be replenished and that is
why their use can never be sustainable.
Imprecise Meaning
Critics say the idea of sustainability fails to convey a
clear meaning to all. Sustainability has different
connotations in different fields. For an economist,
sustainability means achieving a critical take off into
long-term continuous growth, investment and profits
in a market economy. This means industrial societies
are already sustainable, while backward agrarian
societies are not (Tisdell, 1988 cf Worster). For doctors
and public health professionals, it means a society

which has good health indicators. This means the rise
in life expectancy and fall in death rates demonstrate
that the industrial society is far more sustainable than
the earlier ones. Similarly, political scientists would
understand sustainability in terms of the ability of
institutions or ruling groups to generate public support
to hold on the power.
This state of confusion is summed up by Anil Aggarwal
(1992) as follows: “for a logging company, it can mean
sustained projects; for an environmental economist, it
can mean sustained stocks of natural forests; for a
social ecologist it means sustained use of forest; and
for an environmentalist it can mean a clean heritage
for our children. But surely, confusion cannot be more
productive than clarity.
This lack of precise meaning is brought out in the
application of sustainable development with regard to
developed and developing nations. Eduardo and
Woodgate (1997) say that the difference in meaning is
evident from allowing the developing nations to realize
their potential for economic growth and generalized
increase in their consumption. For the developed
nations, it means continued realization of the growth
potential as long as it is not at the cost of others. Figure
2.1 shows the diverse interpretations of the concept.
Phrase Sustainable Development
Concepts Sustainability Development
Meaning Literal Ecological Social Process Objectives
Conditions Sustaining Sustaining Sustaining Growth Basic needs

Anything ecological social basis and/or
basis of of human change
human life life
Ecological Social
Conditions Conditions
SD= sustainable growth SD= achieving traditional

Interpretati (contradictory or trivial) objectives + ecological (&
ons social) sustainability
(mainstream and mean
objective)
Fig. 1 : The semantics of sustainable development
(Source: Lele, 2005)
According to Sachs (1997), the concept recognizes ‘needs’

but it does not specify what needs are to be taken care
of. The Brundtland Report does not specify if the needs
are those of the global consumer class or of the
enormous number of have nots. Also, survival needs
like water, land and economic security have not been
distinguished from the luxury needs of the rich.
Time Frame of Sustainability
According to Worster (1993), the most difficult problem

to address is the time-frame defined for a sustainable
society. Sustainability cannot exist forever. Historically,
societies have evolved through responding to resource
depletion and proliferation of needs. Anthropologist
Marvin Harris has shown that few human societies have
sustained their technology organization, economic
patterns, and institution even for a few centuries.
Societies have run out of their resource base due to
population pressure or environmental ignorance or
excessive demands, and responded to them to devise a
new culture based on a new type of resource use. If
human beings had achieved sustainability at the outset
of history, then society would not have progressed beyond
the hunting and gathering stage.
‘Flawed Ideals’ in the concept
Worster’s critique of sustainable development is due to

three basic flaws in the concept: (1) it is based on the
utilitarian worldview of nature that natural world exists
to serve the material demands of human society.
According to him, the term ‘Our’ in the Brundtland
Report makes this point clear by referring to all people
exclusively and only raising the issue of equity in
resource distribution the only moral issue. (2) The
concept assumes that we can know the carrying
capabilities of local ecosystems and explore resources
safely up to that level, whereas it is impossible in
practice. (3) The sustainability ideal does not question
the traditional worldview of progressive materialism and
its associated institutions like economic systems and
industrialism.
Incomplete characterization of poverty

Our Common Future has raised the issue of poverty many
times in the report. Lele says that sustainable
development gives an incomplete characterization of
poverty and environmental degradation by making it a
two-way link (see fig.2). However, the link is a very
complex one. Both poverty and environmental
degradation have deep and complex causes which the
Report has avoided in its discussion.
POVERTY ENVIRONMENTAL
DEGRADATION
Fig. 2 : An incomplete characterization of poverty-

environment relationship
Source: Lele, 2005
According to Nayar (1994), the cyclical relationship

between poverty and environmental degradation is
perceived in simplistic terms. Sustainable development
has kept the basic factors which generate poverty
outside this framework, and also does not consider the
role of lopsided development which degrades human
natural capital.
Affluence
Over consumption Culture and values
Access to resources Environmental Technology

Degradation
Wrong
technology
Pollution Short-term
resource decisions
loss
Poverty
Fig : A more realistic presentation of poverty-environment

relationship
Source: Lele (2005)
No clear operationalisation
The concept of sustainable development has been
criticized for not articulating a well-defined strategy by
fixing targets, responsibility, monitoring and evaluation.
Anil Agarwal (1992) critiques the concept because it
does not clearly say who is going to ensure the rights of
future generations and what kinds of needs it may have.
He asks “are we talking only of the future generation of
the rich or also of the poor” given that a large proportion
of even the present generation cannot meet all its needs.
In the absence of specific goals or even a consensus on
the means to achieve them, sustainable development
remains an attractive but unhelpful concept.
‘Politics of sustainable development’

Sustainable development is also criticized on grounds
of being a political tool of developed nations who are
trying to make up for environmental problems of their
own creation by making it look like everybody’s problem.
According to Nayar (1994), the concept of sustainable
development emerged from those very nations who
practice unsustainable resource use, and therefore the
starting point for turning the present unsustainable
practices to sustainable ones, even with respect to the
third world, is problematic.
Nayar writes that there is a close connection between
sustaining world capitalism and the sustainable
development approach. Sustainable development is
visualized as a solution for the nonviable capitalist
enterprise by making available raw materials on a
continuous basis so that the production system, the
expanding market and the political system are not
threatened. He argues that sustainable development
is an outgrowth of political compulsion of the developed
countries due to growth of ecological movements. “The
Not-In-My-Backyard or Nimby syndrome is mainly
responsible for ecologically unsustainable development
projects including hazardous industries shifting out of
these countries to developing countries.” According to
Nayar,
“The earlier concept of ethno-development that grew
out of Stockholm Conference was better than the present
sustainable development because it focused on self
reliance. But it was discarded because it was anti-rich.
The idea of sustainable development will become proper
only if it starts with the affluence and the resulting
unsustainability of the rich. A reorientation of growth
models in the North would enable the poor countries to
achieve at least a minimum level of development while
influencing the path of development in the South itself.

Rather than blaming victims of depleting common
resource, the votaries of sustainable development
should address themselves to the production and
consumption patterns in the industrialized countries
which is leading to destruction of natural resources in
the world.”
Globalization and Sustainable Development

You are familiar with the dimensions of globalization
from Chapter 4. Sustainable development is also one of
the ingredients of globalization thinking because
resources and their depletion are thought to be global
phenomena. The risk of unsustainable development is
ultimately global because atmosphere, oceans, carbon
cycles, hydrological cycles, global warming and climate
change are not limited to national boundaries. How is
the process of globalization going to affect the future of
sustainable development? The flowing discussion is
based on Wolfgang Sachs’ authoritative work (2005).
Proponents of economic globalization argue that it
reduces the use of resources in five ways.
1) It brings to an end state monopoly of resources in
closed economies where there is higher rate of use
of natural resources because natural treasures are
seen as cost-free. So growth is achieved only by
extensive ways of increased production, causing
faster resource depletion. Globalization cuts this
mismanagement by enforcing at least an economic
nationality.
2) Trade and investment increase access to technology
which is more efficient with regard to resource
utilization, particularly in sectors such as mining,
energy, transport and industry.
3) Transnational corporations tend to standardize

technologies between countries at an advanced
level.
4) The open markets make the fast developing nations
efficient vis-à-vis resources, because their exports
to advanced countries have to adapt to the stricter
environmental standards prevailing there.
5) Finally, the globalized economy allows production
to be efficient in terms of use of energy and raw
materials in a global scale by deploying the factors
of production in optimal manner everywhere.
What, however, is downplayed in this argument is the
fact that market rationalization may lower the use of
particular resources, that is, the input per unit of output.
But the total use of resources will grow if the volume of
economic activity expands. The size of growth in
production and consumption will be too big for the small
gains made in efficiency. As the history of industrial
society shows, efficiency gains have quite consistently
been converted into new opportunities for expansion.
From an ecological point of view, this is the Achilles
heel of globalization.
According to Sachs, this is precisely what is happening.
The goals of globalization are to spur the world economic
growth through the strategies of intensive development
expansion. There has been a doubling of world economy
between 1975 and 2000, much of which has put even
greater pressure on the biosphere. Sachs presents them
in the following manner:
Direct foreign investment and the expansion effect
The USA-EU- Japan triad has transferred massive
private capital to the emerging markets of East Asia
and South America, along with it the fossil model of
development (intensive use of fossil fuels), which is

highly resource intensive. The targets of investment
are raw material extraction or energy and transport
infrastructure which all push the use of energy up.
The removal of national barriers to foreign investment
has thus reflected in the steep rise in the carbon dioxide
emissions of the developing world while there has been
only marginal increase in the industrialized countries.
For instance, the swelling up of cars in the roads of
India (due to several new car manufacturing
corporations setting up plants here) has pushed out
public transport, bicycles etc. and increased vehicular
pollution to a great degree, even if these cars are more
efficient than the earlier ones.
Another symbol of globalization, the “Big Mac” has
caused big lifestyle changes in many countries of Latin
America and Asia between 1990 and 1996. The number
of McDonald’s restaurant has multiplied manifold, and
there has been a high rise in meat consumption. These
trends imply that more water, cereals and grazing land
for cattle, thereby receding forest cover by 10 to 30
percent in these countries.
Deregulation and the competitive effect
Globalization is intended to release market regulations
from the web of national norms and standards in order
to bring them under international competition. Like all
other regulated sectors, protection of environment is
coming under pressure in many countries which are
attaching higher value to attaining competitive strength
than to protecting their environment or natural
resources. In most countries, the process of economic
globalization has blocked any real progress in national
environmental policy.
The other dimension of deregulation is to introduce

efficiency and lower prices. If it happens in
environmentally significant sectors like Oil, coal etc,
then their prices fall and demands shoot up. Also it will
be less worth introducing conservation technologies
which may have higher prices. Under price systems
that do not reflect environmental costs, global
competition will deepen the crisis of nature (Daly 1996,
cf Sachs, 2005).
Currency crisis and the sell out effect
In case of a currency crisis, the affected countries are
often pushed to export their natural resources more
extensively and speedily to raise exports and earn
foreign exchange, so that they are able to repay loans
and import their minimum needed food, goods and
capital. That Nature has become the currency earner
is evident from the large-scale export of oil, gas, metals,
wood, animal feed and agricultural produce from
countries of the south hit by financial crisis. Fishing
rights are being sold by Senegal to fleets of vessels
from Asia, Canada and Europe; tree felling rights by
Chile to timer corporations from USA and exploration
rights by Nigeria to the Oil multinationals (French 1998
cf. Sachs, ibid). Mexico, after the collapse of Peso (the
Mexican currency) rescinded its laws protecting national
forests to promote exports; Indonesia was compelled
under talks with IMF to change its land ownership
legislation to allow foreign paper corporations to move
in on its forests (Menotti 1998, cf. Sachs, ibid).
Measures to rectify a balance of payment crisis under
IMF necessitate a country to increase its exports and
attract investors back into the country. Although the
removal of environmentally damaging subsides and
liberalization of markets generally promotes a more
efficient use of resources, the rate of exploitation soon

increases with the mobilization of raw materials and
agricultural produce for exports.
Vanishing distance and the transport effect
Globalization rests upon the rapid overcoming of space,
rendered by electronic networking. It is ecologically a
less wasteful way of communication, but the amount of
waste generated by computers, mobile sets, floppies,
discs etc. puts heavy toxic burden on environment.
Moreover, outside of international financial market that
works through electronic communication, all forms of
economic globalization rely heavily upon physical
transport. T-shirts go from China to Germany and
tomatoes from Ecuador to USA. Transport requires
vehicles, highways, airports, harbors and fuel –all of
which require a considerable amount of materials and
land. The overcoming of geographical distance and time
barriers has been paid through the spoiling of nature.
Colonization of Nature
Sachs argues that economic globalization fosters a new
colonization of nature. The patent regime allows
monopoly control to corporations over biotic species like
seeds and plants excluding their use by others. Genetic
engineering can play havoc on the biodiversity in the
agriculture of the developing countries. Just like
agrarian capitalism led to monoculture of plant varieties
(commercial agriculture for export purposes), the ‘life
industries’ would force the specialization in a few
genetically optimized and economically useful plants
(Lappe and Bailey, 1998). Apart from food security threats
to the poorer sections, it would mean the simplification
biosphere.
Changing geography of stress

Globalization changes the geography of environmental
stress. The supply chain lengthening shoots the
ecological division of labour between the countries of
the south and those of the north. Special export zones
of fishery and other resources come up in countries
like Bangladesh, Egypt or Mexico for their cheap
resources, cheap labour, tax breaks and lax
environmental norms which reduce production costs.
The environment stressing production chain are put in
less developed regions while the cleaner and less
material stages tend to be in G-7 countries. Nayar
(1994) points this out in ‘politics of sustainable
development’ that polluting industries are being
relocated in the third world countries. The dynamics
of sustainable development in the context of globalization
was summed up by Fidel Castro at Rio Earth Summit in
the following words: “a consistent interpretation of
sustainable development should begin with the
recognition that underdevelopment is the result of
plundering of the third world, which has been prolonged
in our time by an international economic order that
uses the mechanism of debt, unfair division of world’s
labour, trade protectionism and control over the flow of
finances to heighten the exploitation of the
underdeveloped nations, and as a consequence, the
ensuring ecological degradation” (Castro 1992, cf. Nayar,
1994).
Conclusion
In this Chapter, we discussed the concept of sustainable
in terms of its location in the development-environment
debate. We looked at the Brundtland Commission
Report which defined sustainable development
comprehensively and spells out policy objectives to
achieve it. We also traced the origin and development

of the idea of sustainable development. We have
examined sustainable development through some
critical views. We also discussed the critiques regarding
the politics of the concept. Lastly, we looked at how
globalization would affect sustainable development by a
reworking of development-resource relationship, mainly
to the detriment of nature.
References
Agarwal, Anil (1992): ‘What is Sustainable Development,”
Down to Earth, June 15, pp. 50-51
Dreze and Sen (2006): India: Development and
Participation, OUP, New Delhi, Paperback, pp. 218-228
Nayar, K.R. (1992): ‘Politics of Sustainable Development’,
Economic and Political Weekly, vol. 29, no. 22, pp. 1327-29
Sachs. Wolfgang (2005): ‘Globalization and
Sustainability’, in Michael Redclift (Ed.) Sustainability:
Critical Concepts in the Social Sciences, vol. 2, Routledge,
London and New York, pp. 328-353
Salunkhe, S.A. (2003): ‘The Concept of Sustainable
Development: Root, Connotations and Critical
Evaluation’, Social Change, vol. 33, no 1, pp. 67-80
UNWECD (1987): Our Common Future, Oxford University
Press, London; also available at http://www.un-
documents.net/wced-ocf.htm
8
Development and Progress:
Economic and Social
Dimensions
* Tripti Bassi and Chinmoy Biswal
Introduction
The term ‘development’ is not new to you. There seems
to be an agreement in today’s world on the need to
develop. Developed countries are admired because we
think that they have achieved higher levels of
civilization. Those who are not so need to develop and
be like them. In other words, development is seen as
desirable and unquestionable. However, the meaning
of development may vary. Some may put more thrust
on the physical side of development- industries,
infrastructure, rails, roads, electricity, vehicles etc-
giving less thrust on the social and human side.
Most people understand development in terms of
material prosperity — higher income and wealth. When
they say a state or a country is developed or more
developed than others, they mean this particular state
or country has higher per capita incomes, wealth,
more vehicles, better roads, electricity, industries,
markets, towns and more concrete buildings etc. than
others. An ‘underdeveloped’ or ‘backward’ state is one
which has none of these or very little of these. Needless
to say, development is understood primarily as a feature
of the economy. An underdeveloped economy is
characterized by mass poverty, unemployment, low per
* Dr. Tripti Bassi , Delhi University, Delhi and

Mr. Chinmoy Biswal, JNU, New Delhi
Development and Progress: Economic and Social Dimensions 195
capita income, and low levels of technology, low savings

and low capital. Extended to social dimensions,
underdeveloped societies exhibit large and growing
population, acute poverty, bad housing, high mortality,
illiteracy, low productivity in agriculture, low
urbanisation, diseases and low technological
development (Gore, 2003). Without doubt, these notions
of development and underdevelopment or backwardness
have come to us from the Western models of
development. There is an assumption that development
is an ongoing social process in a linear direction in
which some (developed) societies are ahead of others
(underdeveloped or developing) and have reached a
state of perfection. The developing societies must also
follow their path so as to be developed.
Recently questions have been raised over the nature
of development in Third World countries, as also in
India: development for whom and at what cost; who
benefits and who bears the cost of development? These
are issues at the core of development debate. Many
see the prevalent models of development as anti-people,
anti-nature and anti-human, while others propose
alternative models. Yet others ask why and how are
some people, some countries or some places ‘developed’
while others remain ‘under developed’? As social work
professionals, you will have to engage with these issues
in your professional career when many of you will
choose to work in the so called ‘development sector’. It
is therefore essential that you familiarise yourself
with some concepts and theories of development.
Concept and Meaning
Although the terms ‘progress’ and ‘development’ are
sometimes used synonymously, as concepts they have
different meanings and historical origin. There are
some other related concepts too: evolution, growth and
change. All these concepts owe their origin to
emergence of social philosophies in the post-

Enlightenment period in Europe. During the 18th and
19 th centuries, European societies were undergoing
massive political and economic changes, sometimes
sudden and violent. There was considerable interest
among social philosophers to understand these changes
in society and also examine if there is a desirable end
towards which societies were advancing. The most
prominent idea was the idea of Progress which was the
product of the age of Enlightenment (see box 1).
Box 1
Enlightenment
Enlightenment was an intellectual movement in
eighteenth century Europe, particularly in France,
Britain and Germany. It was a movement for
freedom of human being from the tyranny of Middle
ages in which the Monarch, nobility and the
Church which were powerful institutions.
Enlightenment advocated the primacy of reason
as the source of authority and humanism as the
basic philosophy. It also marked a confidence in
the capability of human beings to exert influence
over Nature through science and control it to
meet human needs. It established rationality,
science, the forward march of knowledge,
reasoning and human ability as supreme. The
Enlightenment thinkers believed that systematic
thinking might be applied to all areas of human
activity and human society can be led away from
tradition and superstitions into a path of Progress,
based on reason and rationality.
Progress
It suggests a growth in knowledge reinforcement and
an overall standard of living. Social progress is the
growth of social life in respect of those qualities to

which human beings attach, or can rationally attach,
value (Hobhouse, 1911). Therefore, progress connotes
a change in a desired direction. It is understood as a
forward march in a positive direction, an improvement
over present. It combines a dynamic concept of change
with a value-judgment (each stage is better than the
earlier one) and the idea of irreversibility. Earlier,
prior to Renaissance and Enlightenment, human
society was thought to have declined from an initial
state of perfection. The idea of some Golden Age in the
past symbolized this thought. The present age was
thought to be inferior to that of the past. There was
another view which considered the change in societies
as reflecting the periods of progress and decadence.
The idea of Progress during Enlightenment changed
these ideas in establishing progress as an onward
march of humanity in better direction. The term is
close to the Sanskrit word pragati (meaning, a forward
movement).
Evolution
It is a concept drawn from biology and applied to the
realm of society. Darwin’s idea of evolution of species
influenced many social thinkers who thought that
societies are also like organisms which take birth and
evolve in response to their external environments.
They grow from simple to complex in structure in
successive stages. Complex societies like the industrial
Europe of 18th or 19th century are much more evolved
than simple societies of tribal people in Africa, Asia or
Australia, and also more evolved than the agrarian
societies of Asia at that time. Evolution is characterized
by increasing differentiation and complexity in
structure and function such as the growth in social,
economic and political institutions. It is derived from
the Latin word evolvere which means to grow, to unravel

or to unfold. It incorporates a slow growth process
which is primarily internal. Here, there is a transition
from an uncertain variable homogeneity to a certain
constant heterogeneity. The idea of social evolution
continues to influence the notion of development.
Evolution is also a value loaded concept because higher
the levels of evolution a society has attained, it is a
proof of it having survived and adapted better to the
environment. So better and more advanced it is
considered. Since higher complexity of structure and
heterogeneity is mark of evolutionary progress,
advanced societies are inherently better developed to
deal with the environment. But there is no inherent
direction or plan according to which the society evolves.
It does so randomly in response to forces and conditions
and the necessity of survival.
Development
As a concept it emerged after the Second World War
when former colonies won independence from colonial
powers and took up policies and plans to come up to the
level of their former colonizers—the advanced
industrialised countries. In the strict sense, like
evolution development also suggests the image of a
living organism which develops or fulfils itself according
to a plan, enacting a pattern build into its genetic
structure (Agazzi, 1988). It is different from evolution
in that there is a definite plan in it which it has to
achieve. In that sense it is not random or haphazard.
It can also be said to be a particular case of the idea of
progress, that is, progress which not content at
proceeding at random but seeks to fulfill a plan, a
pattern or a design. Goals and objectives are intrinsic
to the definition of development.
According to Bottomore (1986), the concept of

‘development’ has been used recently in two broad
ways: first, to differentiate two broad categories of
society— the prosperous industrial societies on one
side and the predominantly rural, agricultural and
economically poor societies on the other, and secondly,
to describe the process of industrialisation or
modernization. It treats societies as passing through
three stages: traditional society, transitional society
and modern society. This idea of development
concentrates particularly upon economic growth.
Change
It refers to the general process of change in society—
in the social institutions, composition, social processes
etc. — due to a variety of factors such as due to
introduction of new technology or system of production,
new inventions and discoveries, contact with other
social groups and communities and so on. It is used in
common parlance to refer to a variety of phenomena.
Sociologists use the term to describe variations or
modification of any aspect of social process, social
patterns, social interactions or social organization.
Kingsley Davis (1949) refers to it as such alterations
that occur in social organizations, that is, structure
and functions of society. Social change is a complex
process which alters the social set-up in some form or
the other.
The most important reason for using the concept of
social change is that it is value-neutral. While talking
about ‘change’, social scientists examine the causes,
nature and consequences of the change without being
judgmental about it. They do not say if it is good or bad,
desirable or undesirable. Its value-neutrality makes it
a preferred concept to analyse societies.
Table 1
Concept Nature Example
Social evolution Valued loaded in Various

terms of evolutionary views
direction (linear) about society (e.g.
and structure from savage to
(from simple to barbarism to
complex) civilization)
Social Progress Value loaded in Advancement in
terms of technology is
proceeding in a considered as an
particular index of progress
direction which
is desired by
society
Social Value loaded in
terms of
Development proceeding in a
Modern education
specific direction
(literacy) is
which is desired
considered as an
by t he society
index of
and is planned
development
Social Change Value neutral as
Family undergoes
it can be in any
change in terms
direction, and
of structure and
represents only
function
alteration
without
attaching any
value to it.
Increase in GDP
Growth Value loaded in
of a country is
terms of
taken as an index
increase in size;
of growth
essentially
quantitative
Some Thinkers’ Views

To gain an idea how thinkers have conceptualized
evolution, progress or development of society, let us
look at a few instances. August Comte analysed the
change and progress of human society in a linear
evolutionary framework called the ‘law of three stages’.
Societies pass through theological, metaphysical and
scientific (positivist) stage. In the first, all phenomena
are explained in terms of supernatural forces. In the
second stage, phenomena are explained in terms of
natural forces but not in scientific terms. In the third
and final stage, human mind attains capacity to reason
through science and scientific explanations prevail (cf
Aron, 1965). A contemporary of Comte, Herbert Spencer
said society is like an organism that grows from simple
to complex structures, from a state of simple
homogeneity to a complex heterogeneity, in an
evolutionary process. Societies pass from simple to
compound to doubly compound to trebly compound
stages, each stage witnessing further development of
social and political institutions. Anthropologist L .H.
Morgan stated that human societies pass through three
historical stages: savagery, barbarism and civilization.
Following him, Marx propounded that all societies
passed through the successive stages of primitive
communism, slavery, feudalism and capitalism each
marked by a higher stage of development in the forces
of production than the preceding one (cf Bottomore,
1986).
Development as Growth, Change and
Modernisation
As stated earlier, development has come to acquire a
meaning to classify different societies in the scales of
prosperity understood in terms of industrialisation,
urbanisation and modernisation. It has also come to

stay as a process of change that is inevitable because
it is desirable. There are dissenting opinions on the
models of development or the ways to bring about
development, but today no one dares say that
development is undesirable. The discourse is how to
minimize the costs to ecology and people who get
affected by development projects, and how to share the
fruits of development justly. We discuss here the three
interlinked ways in which development is perceived
as: growth, change and modernisation.
Growth
Development discourse became prominent in the
decade following the Second World War when colonies
started gaining independence. The thrust was on
increasing the national incomes of these countries
and achieve rapid economic growth. It was perceived
that economic development was the primary need of
an underdeveloped society. The benefits of economic
development through growth would trickle down to all
masses and lead to social development like education,
health, housing etc.
Growth is an economic concept. It refers to increasing
wealth in the economy, measured in terms of increase
in the volumes of goods and services produced. Its
indices are Gross National Product, per capita income,
per capita consumption of goods and services etc.
Growth can happen through expansion and rise in
productivity in agriculture, industry and service sector
activities. However, in the prevailing paradigm of
development, it is the industrial model of development
that is taken to be the ideal way to achieve growth.
This is a result of Third World countries trying to
replicate the development experience of first world
countries through industries and high technology.
Change
As we saw, change is a value-neutral term. As Change,
development is refered to the process of transformation
of the society in every sphere—economic, political,
social and cultural. For example, shift from primary
activities to secondary and tertiary activities, migration
of people from rural to urban, adoption of democratic
political system in place of monarchy and guaranteeing
rights of citizens as per rule of law, change from joint
to nuclear families, adoption of literacy etc. Many of
these changes are related to the process of
modernisation.
Modernisation
Modernisation simply means ‘to modernise’. It is the
opposite of traditionalisation. It refers to the
transformation of a traditional society into a modern
society. Many feel that development is essentially a
modernisation project. Modernisation was at the heart
of the development debate in the decades of 1950s and
1960s. But what is ‘modernity’? When did the process
of modernisation begin? How does modernisation take
place? To understand these, we have to discuss the
concept of modernity and features of modern society.
The salient characteristics of modernity are (Lerner,
1972):
1) A degree of self-enduring growth in the economy
such that production and consumption grow
consistently.
2) People’s participation in the polity or at a minimum,
their democratic representation in defining and
selecting policy alternatives
3) Secular-rational norms in culture
4) Increase in mobility in society, that is personal

freedom of physical, social and psychic movement
5) A personality transformation that equips the

individual to function effectively in a social order
that operates according to the above characteristics.
The distinction between a ‘traditional’ and a ‘modern’

society is as follows:
1) Traditions predominate, as does ‘traditionalism’. It

means people are oriented towards the past and
are not able to adapt to change. A modern society
may have traditions but people are not slaves to
them. Instead, they challenge any value that comes
in the way of progress. So, they are not bound by
‘traditionalism’.
2) In traditional societies, kinship is the organizing

principle of life. Kinship controls all relationships—
economic (e.g. land and labour), political (clan rule,
caste bodies), legal (property). Status is ascribed.
One’s birth determines one’s status and occupation.
In contrast, modern societies are achievement
oriented; they reward hard work and talent, not
someone’s ascriptive status. Kinship exists as
bonding between individuals, but its importance is
far less. Economy, polity and legal spheres are
oriented on secular principles. Individual has much
greater freedom to pursue his interests.
3) Traditional societies are superstitious, and

fatalistic where as modern societies are forward-
looking, innovative and entrepreneurial. They have
rational, scientific outlook.
At its core lie several overlapping assumptions: (1)

“traditional” and “modern” societies are separated by a
sharp dichotomy; (2) economic, political, and social

changes are integrated and interdependent; (3)
development tends to proceed toward the modern state
along a common, linear path; and (4) the progress of
developing societies can be dramatically accelerated
through contact with developed ones. According to this
theory, the Western, industrial, capitalist democracies,
and the USA in particular, lie at the highest point of
their historical scale and less modern societies are to
be measured according to their distance from that
point. Rostow’s model of growth that you have studied
was a part of this modernisation theory.
Modernisation theory has its roots in the evolutionary
views of development of societies. According to Lerner
(1972), it is the current term for an old process of
social change whereby less developed societies acquire
the characteristics common to more developed societies.
The earlier names for this process during colonization
era were Westernization or Europeanization. But after
the rise of USA in the post World War-II scenario,
these concepts were restructured and generalized
under the new term – modernisation.
The theoretical origins of modernisation theory can be
traced to the works of Emile Durkheim and Max Weber.
In his work The Division of Labour in Society (1893),
Durkheim explores the path a society follows in its
march from a simple traditional society to a complex
modern society. It occurs through increase in population
and the resultant increase in division labour. As a
result the social cohesion is transformed from being
based on mechanical solidarity in which each group is
a segment of the larger society, to that based on
organic solidarity in which individuals are
interdependent on each other to cater to society’s
needs. New institutions in the sphere of religion,
economy, politics and education come up. The modern

society is formed by increasing complexity and
integration. Weber in The Protestant Ethic and the Spirit
of Capitalism (1905) identified rationalization of values
and norms as the distinguishing feature of modern
societies based on industrial capitalism from the
traditional agrarian societies.
Combining these views, the modernisation theorists
propounded that underdeveloped societies are caught
in the stranglehold of traditionalism which is an
impediment to development. Development happened
when traditional, primitive values were taken over by
modern ones.
The modernisation theory has been criticized on several
grounds. First, the use of such abstract and vague
terms as ‘traditional’ and ‘modern’ does not reflect the
great variety among the societies. Second, the theory
offers little explanation of the process how a society
develops. Third, tradition and modern values more
often exist simultaneously in a society. People do not
discard traditional ways of living with the arrival of
modernity. So the concepts of tradition and modernity
may not be exclusive of each other. Fourthly, to regard
the values and features of Western societies which
are a product of specific historical processes such as
the industrial revolution as modern and that of the
agrarian societies of Asia and Africa as traditional
speaks of a value-judgment. Lastly, the modernisation
theory treats lack of development in the Third World as
the result of traditional behaviour and socio-economic
systems that create obstacles to modernisation. It
entirely ignores the impact of colonialism and
imperialism on the Third World countries. Hence, it is
an oversimplified model of development which lacks an
adequate historical input and a structural perspective.
However, the theory contributes in focusing on the

roles of values and attitudes in affecting people’s
behavior and their response to social change.
Theories of Underdevelopment
In the decade of 1970s, the central place in the
development debate was occupied by underdevelopment
theories. These were developed mostly by Latin
American theorists who drew on the ideas from the
analysis of the economic system of capitalism as
developed by Karl Marx. These theories try to locate
the causes of underdevelopment in Third World
countries in systemic colonial exploitation and
integration in a world economic system. They also
provide a structural perspective into development and
underdevelopment.
Colonialism and neo-Colonialism
Colonial expansion which began in the 16 th century
was at its peak between 1850 and 1900. Powerful
European countries of the day — England, France,
Spain, Portugal, Dutch, Russia — went on to establish
colonies in Africa, Asia and Latin America after political
conquest. These colonies which won freedom around
the mid 20th century are today designated as the Third
World. They were subjected to systematic exploitation
by their colonial masters, not just politically but also
economically. The consequences of colonial rule on
these countries are reflected in their continued
underdevelopment. The main economic features of
colonialism was organisation of production in a ‘colonial
mode’ in which the colonies served as the suppliers of
raw materials to and the consumers of finished goods
from their ruler countries. The Industrial Revolution
in England was fuelled by the cotton, capital and coal
of India, but also by the vast markets it provided for
sale of British textiles. You are already familiar with

the ruin of Indian cotton textile and cottage industries
due to British economic policies. Commercialization of
agriculture, private property relations in land, new
taxation systems that created landlordism and
concentration of land in a few hands etc. were some of
the processes that brought poverty for a large mass of
population.
Even after gaining political independence in the mid-
20 th century, the Third World countries remained
subject to what has been called ‘neo-colonialism’. It is
a form of socio-economic domination from outside which
does not have to rely on direct political control.
According to Nkrumah, a former President of Ghana in
the 1960s, “the essence of neo-colonialism is that the
state which is subject to it is, in theory, independent
and has all the trappings of international sovereignty.
In reality its economic system and thus its internal
policy is directed from the outside.”
Frank’s Theory of Dependency
Dependency theories came up in the 1960s as an
explanation to the situation in Latin American
countries. Its advocates argued that the poverty and
underdevelopment in counties like Argentina, Peru,
Chile and Brazil is due to economic and political
influence of developed countries. It perceives a ‘world
system’ of linked economies, in which the development
of advanced countries (center) implied a simultaneous
underdevelopment of the Third World countries
(periphery) whose resources were exploited.
The most prominent dependency theorist is Andre
Gunder Frank who argued that the poverty of the Third
World reflected its ‘dependency’. He says the poor
Third World nations are linked as ‘satellites’ to the
‘metropolis’ of the world economic system in a chain of

dependency which runs from local rural areas to rich
merchants in their own countries and then to the
metropolitan country. The wealth and surplus of the
satellite countries are transferred to the metropolis
causing deprivation for the masses.
Lipton’s Theory of Urban Bias
Michael Lipton’s ‘urban bias’ theory tries to explain
uneven development inside Third World countries. While
accepting the general underdevelopment theories and
the history of imperialism and colonialism in
perpetuating Third World underdevelopment, Lipton
believes that the main reason for persistent
underdevelopment is the existence of parasitical and
corrupt urban elites.
According to this theory, all the thrust of development
in Third World countries is on urban areas and urban
industries. Agriculture is generally neglected and
whatever available resources for agriculture go to the
richer farmers who obtain chap loans and subsidized
inputs. The rural poor are neglected even as
development resources are spent for the comfort of the
elites. It is the result of the power of the ‘urban class’
over the ‘rural class’. Lipton’s theory has been criticized
because there is no evidence of a homogenous united
‘urban class’ as distinct from a similarly homogenous
rural class. Socio-economic relations are much more
complex and overlapping and cut across rural and
urban divides.
Models of Development
We have already discussed the meaning of development
and the two major streams in development debate —
modernisation theory and underdevelopment theories.
Now, if the essential goal of each society is to develop,

what are the ways it can happen? In other words, what
are the models of development that the underdeveloped
countries can follow? Broadly there are three models
adopted by different countries; capitalist (First World),
socialist (Second World) and mixed (Third World) model.
In addition there is the notion of alternative
development. These models are not just economic.
Their adoption has to do with the political ideology of
the State.
The dominant model of economic development was the
capitalist model which relies on heavy industrialisation,
trade and commerce and growth. However, it faced a
big challenge from the socialist model after the Russian
revolution of 1917 and adoption of communism as the
political ideology by the former USSR. It also relied on
industrial growth and higher production but under
state control which also stressed on employment and
distribution of resources among the population. When
the colonies gained freedom, they were attracted
towards this model but due to their limited resources
and need for faster growth, many of them adopted a
mixed model in which state enterprises and private
enterprises coexisted. All of these models however
give primacy to industrial development as the way to
achieve social development. The fourth one—alternative
development—gives primacy to protecting the interests
of Nature and common people, lays stress on people-
centric development with limited resources and overall
development.
Capitalist model
The capitalist model works on the principle of private
ownership of capital and means of production. It
advocates minimal or no state control over the Market
in price determination and resource allocation.
Economic activities are guided by the market forces of

demand and supply in an environment of competition
which leads to efficiency in production and distribution
of goods. It works to give incentive to innovation, skill,
talent, and higher productivity of labour but the overall
guiding force of production and distribution is profit. It
also gives great importance to international trade and
commerce as a means of increasing the wealth of a
nation. The capitalist model believes in ‘growth’—centric
development whereby increasing national income (GNP)
and per capita income is taken as a measure of higher
development. This model of development is practiced
most notably by the West, USA and Japan, who are the
developed block of nations. It is also called the market
model.
Socialist model
The socialist model also advocates industrial
development and growth. But it is based on State
ownership of means of production, and non-existence
of private capital. The economy is regulated and
resources are allocated between different sectors of
economy on the basis of a centralized planning. It also
differs from the capitalist model in emphasizing more
on the distribution of resources than on economic
growth. It also stresses on social sectors like health,
education and employment for overall development of
people. The socialist model of development had been
adopted by the countries in the former communist
block, also referred to as the second world. Most notable
among them were the former USSR and East European
countries, Cuba, China and Vietnam among others.
After the disintegration of the USSR, and adoption of
market socialism by China, there has come a change
in this model to adopt strategies for higher economic
growth.
Mixed model
Also called the Third World model of development, this
model is reconciliation between the capitalist and the
socialist models. It was adopted by the newly
independent nations in the decades of 1950s and 1960s.
The rationale was that newly independent colonies did
not have the technology or the necessary capital to
start development on their own. They had to rely on
the West to gave them aid. Also, capital in these
countries lay mostly in private hands. On the other
hand, the rapid social development of USSR and East
European countries during that time attracted these
countries towards centralized planning and state-led
industrialisation which can ensure balanced
development. Moreover, the massive poverty of people
required State-led support and distribution mechanisms
which private sector will not provide. So they adopted
a mix of socialistic planning as well as capitalistic
growth, seen in the coexistence of public sector and
private sector in the economy. India has also adopted
this mixed economy model.
The Third World model remained caught in the trap of
lack of technology and capital which was often borrowed
from the Western countries. This created a dependency
on either the First World or the Second World. Gradually
there has been a trend of shifting towards the capitalist
model. This process has accelerated after the imposition
of structural adjustment programme (SAP) and
liberalization under the direction of international
financial institutions. You have already read about
this in the previous Chapter. For Alternative model,
refer to the Chapter on sustainable development and
human development.
Shifting Development Strategies

Development is a dynamic process. So are the strategies
to achieve development. In the beginning of 1950s
(called the development decade), the approach was to
achieve higher growth rate so as to increase the
national income. This growth-centered approach
necessitated rapid industrialisation, infrastructure
building, modernisation of agriculture through scientific
and technological intervention, and mass literacy
campaigns. The belief was on the “trickle down” theory
of development: that growth will lead to development
in economy which will then impact other sectors. The
benefits of growth will trickle down to the masses and
there will be removal of poverty and ‘backwardness’.
Soon it was realized that the trickle down was not
happening. So in 1970s, there was a demand for “growth
with redistribution” so that the fruits of development
are shared among the entire population, not usurped
by a section of privileged classes. Later there came
the “basic needs strategy” to pay immediate attention
to absolute poverty of food, clothes and shelter among
vast masses of people in developing countries. Towards
the 1980s, the goals of development shifted towards
human beings and a new “human development”
approach emerged.
Lately, the strategy of development is undergoing
change with increasing stress on empowerment of
vulnerable groups like women, indigenous communities
and poor people. This is to be achieved by enhancing
the role of the State in welfare activities and increasing
its responsibilities in protecting the interests of the
vulnerable and marginalised sections. At the same
time, civil society organisations are coming up with
the idea of ‘participatory development’ in which people
become stakeholders and active participants in their
development by taking part in decision making regarding

the goals and means of their development and their
implementation.
Conclusion
In this chapter, we have looked at the concepts of
evolution, progress, growth, change and development.
We discussed Development as a modernisation process
that came into prominence in the 1950s. The
underdeveloped theories provide a critique of the
modernisation theory by questioning the structural
and historical nature of underdevelopment. We
particularly discussed the dependency theory, urban
bias theory and colonialism. We also studied the
capitalist, socialist and Third World models of
development and examined their differences and
similarities. Lastly, we discussed the changing
strategies of development with the progress of time to
address emerging issues.
References
Bottomore, T. B. (1986): Sociology: A Guide To Problems
and Literature, Blackie & Son (India) Ltd, Bombay, Fifth
Impression.
Frank, A. G. (1973): “The Development of
Underdevelopment” in James D. Cockcroft (Ed.)
Dependence and Underdevelopment, Anchor books, New
York.
Gore, M.S. (2003): Social Development: Challenges Faced
in an Unequal and Plural Society, Rawat Publications,
Jaipur and New Delhi.
McMichael, P (1996): Development and Social Change: A

Global Perspective, Forge Press, Thousand Oaks.
Webster, A. (1997): Introduction to the Sociology of
Development, Humanities Press International, New
Jersey, Second Edition.
Kingsley Davis (1949): Human Society, Macmillan and
co., New York.
Gender Perspectives on
Development
* Tripti Bassi
Introduction
Women comprise half of the world’s population and
contribute in multiple ways to society. As homemakers
they run the household, as farmers they cultivate
crops, as workers they produce goods and as
professionals they serve in various positions.
Considering all this, the status of women should be
high corresponding with their hard work and
contribution. Yet they remain invisible, unsung,
unheard, unwanted and subjugated. One of the major
goals of development should be to bring change in their
status. To enable them to improve their positions,
development initiatives have been taken from time to
time. Initially, the focus was on women getting
education and good health so that they could play their
roles of mothers and wives better. Gradually,
development planning is focusing on women’s needs
and priorities so that they are empowered. We will
discuss these in detail in this Chapter. We will start
with studying some concepts and their meaning which
will be useful in our discussion.
Concepts and Meaning

Sex and Gender
‘Sex’ is the biological distinction between men and
women, that is, the classification as male and female.
* Dr. Tripti Bassi , Delhi University, Delhi

Gender Perspectives on Development 217
The term ‘gender’, on the other hand, refers to the

social construction of differences between men and
women. These are determined by social expectations.
Thereby, certain tasks are categorized as masculine
and feminine. When one says girls should be feminine,
one expects them to be meek, caring, quiet, obedient,
polite and shy. Likewise boys are encouraged to play
masculine roles. If girls show divergent qualities, they
are said to be transgressing their limits. This is how
society enforces gender codes (Refer to Box 1).
Box 1
Sex, Gender and Society
Gender however is a matter of culture: it refers to
the social classification into ‘masculine’ and
‘feminine’. Sex is a word that refers to the biological
differences between male and female: the visible
differences in genitalia, the related differences in
procreative function (Ann Oakley 1972).
Scholars say that sex determines gender because
gender varies across cultures. Gender is culturally
relative. It even undergoes change over time. Along
with presenting a binary distinction, gender also
connotes a hierarchy. Gender relations are relations
of power- men constitute a class which dominates
women and keeps them subordinated. It is not that
women are innately inferior to men. Overall, the concept
of gender differentiates the sexual differences based
on biology from those assigned by culture to men and
women to play their respective roles in a society.
Gender and Development
Gender relations have an impact on other domains of
women’s lives. Development, as we have discussed in
the earlier units, should be centered on human beings
by making them its ends. The challenge is how to
conceptualize gender when focusing on development

objectives. Ann Whitehead (1978) expresses this as:
“No study of women and development can start from
the viewpoint that the problem is women, but rather
men and women, and more specifically the relations
between them” (cf Ostergaard, 1992). Development
planning has been conventionally ‘gender blind’ or
gender neutral by not taking into account gender
inequality and its impact on development outcomes. A
‘gender approach’, on the other hand, focuses on the
outline of gender relations and its links with the society.
Here we examine the connection between gender and
economic relations, for instance within a household
the impact of change in economic relations on gender
relations, links between gender and changes in relations
of production, and how reproduction of labour influences
gender relations. Ultimately, the purpose is to involve
women as participants in the development process.
Patriarchy
Patriarchy means male domination. It is an institution
of men dominating women, and keeping them
subordinated in power relationships. This could show
up in the form of harassment, violence and insult in
the family, at the workplace or anywhere in the society.
In all spheres of life, men claim superior status to
women.
Patriarchy literally refers to the rule of the father or
the ‘patriarch’. Earlier, it suggested a male-dominated
family where the household of the patriarch included
women, junior men, children, slaves and domestic
servants. Everyone was under the authority of the
dominant male. In South Asia, it is termed as pitrasatta
in Hindi, pitratontro in Bengali and pidarshahi in Urdu
(Bhasin, 2005).
Feminism
Feminism is defined as “an awareness of patriarchal
control, exploitation and oppression at the material
and ideological levels of women’s labour, fertility and
sexuality, in the family, at the workplace and in society
in general, and the conscious action by women and
men to transform the present situation”. It gets shaped
by local specific issues. So it may mean different things.
Feminism is an ongoing struggle for women’s rights.
The Beijing Conference in 1995 describes feminism as
“looking at the world through women’s eyes”. So,
anybody (man or woman) who is conscious of the
existence of gender inequalities, male domination and
patriarchy, and acts against it, is a feminist (Bhasin
and Said Khan, 2005).
Perspectives on Women and Development
According to Ghosh (2000), mainstream development
theories have focused on development from the
perspective of men. Women’s relations with economic,
social, and environmental issues of development have
been mostly ignored, especially in the developing
countries. The women’s movement in 1970’s and United
Nations Decade for Women (1976-85) in which concepts
of feminism, women, and development got
acknowledgment, led to the inclusion of women in the
development programmes, to certain degrees. In the
women and development policies, there has been a
shift from welfare to issues like equity, anti-poverty,
income generation, and empowerment. Each one of
these frameworks looks at women’s role in development
differently. We will discuss these perspectives on women
and development here.
Women in Development (WID)
The ‘Women In Development’ (WID) phrase was first put
to use by the Women’s Committee of the Society for
International Development in Washington D.C. Ester
Boserup in her book Woman’s Role in Economic

Development (1970) offered a theoretical base to this
approach. She disputed the argument that gains from
development projects would automatically “trickle down”
to women and other disadvantaged groups in Third
World nations. Economic and social development brought
a change in the traditional division of labour between
men and women. In the subsistence economies women
contributed significantly to family production. As
agriculture modernized, there was migration to towns,
and new gender pattern started emerging. Women
began losing their productive functions because with
specialized production of goods and services, women’s
work was replaced by economic activities happening
outside the home, to which they had little access.
Modernization favoured men more than women in every
sphere. For instance, when agriculture was modernized
with new 47technologies, mostly men undertook training
in those technologies and started displacing women
from their traditional economic roles. Industrialization
created jobs for women in urban areas, but they were
treated as surplus labour, to be recruited mostly in
low-grade and low paying jobs. The disbanding of
communal land and introduction of land reforms also
brought significant changes. The earlier practice of
joint cultivation by men and women changed and land,
becoming a private property, was transferred in the
name of men. So even where modern agriculture was
introduced with credit and loan facilities, men could
apply for loans as owners of land, while women were
reduced to the status of unpaid family labourers.
Boserup was the first to show that modernization and
technology have differential impacts on men and women.
Using a gender perspective, she has shown how
economic development alters women’s work, their
fertility, and their roles in family and society (Ghosh,
2000).
The position of women deteriorated during colonization,

especially between 1870s and 1950s. The colonial state
continued to encourage the education of boys which
had far reaching consequences in ultimately
withholding women from joining the economic sphere.
When these countries became independent, concern
was raised for women’s education and also their
inclusion in paid work. As you have read in earlier
units, this was a period when newly independent
countries adopted the western notions of development,
which were grounded in patriarchy. The notion of
integrating women into development was closely linked
to the modernization and human capital theories which
were dominant in 1950s-70s. The International
Women’s Year Conference in Mexico City in 1975 called
for extending the existing development programmes to
women with the slogan ‘Equality, Development and
Peace’. This approach is known as “Women in
Development” (WID).
The WID approach questioned the invisibility of gender
issues from development at both theoretical and
practical levels. The focus of WID is on equalizing the
opportunities for women in education and employment.
It believed that provisions of health and education
would be available to women eventually and these
need not be considered separately. This meant that
women’s concerns were being added on in a welfare
approach with focus on income generation, craft
training, and child care. It was assumed that with
income generation, women’s conditions would improve.
No thought was however given as to who was controlling
that income. The productive role of women did matter
much more than their reproductive role. ‘Production’ is
about producing goods and services that carry economic
value, while ‘reproduction’, besides producing children,
encompasses daily chores of the household like cooking,
cleaning, care of children and the elderly — activities

which have no economic value when carried out within
the family. The WID approach suggests that planners
should acknowledge women’s work as food producers
in rural households and for urban markets when male
members shift to the agro-export or cash-crop
production.
Women, Environment and Development (WED)
The shift from integration to transformation of the
development model led to the Women, Environment
and alternative Development (WED) framework which
focused on alternatives more than remedies. In contrast
to WID, this approach believed that economic
development had been Eurocentric, hierarchical and
patriarchal, besides being destructive to nature. The
economic theories that guide development are founded
on women’s exploitation and their social and economic
marginalization. With regard to developmentalism, WED
believes that the main concern is not simply to add
women into the existing development programmes, but
to evolve a new development paradigm (McMichael,
1996).
The western development paradigm based on rational
economic theories assumes universal applicability. Its
rationality disregards the specific histories and culture
and removes practical knowledge from its purview.
Colonialism and application of development projects in
the third world countries have resulted in the
indigenous traditions of European and non-European
worlds getting diminished, giving way to the
predominance of market rationality. For instance, crafts
have become mechanized, indigenous multiple-cropping
patterns have given way to specialized monoculture
with use of chemical fertilizers, and traditional health
practices have been taken over by western medical
sciences. Also, this development pays little regard to

the care of nature, and women’s role in nurturing and
preserving it. Therefore, the WED approach calls for
developing an alternative knowledge system based on
practical knowledge and rooted in cultural traditions.
Box 2
Difference between WID Feminism and WED
Feminism
The difference in the two perspectives is not just
in emphasis. It involves how we look at the world,
including what we take account of. WID feminism
tends to accept the developmentalism framework
and look for ways within development programmes
to improve the position of women. For example,
demanding new jobs for women in paid workforce
since women’s unpaid labour was devalued and
hardly considered as an activity leading to
livelihoods. The movement from WID to WED
follows a conceptual shift from a universalist
(rational) toward a diverse (expressive)
understanding of the world. It is also a move from
a linear (for example, a causes b, where
independent forces act on one another) to a holistic
understanding of development processes, where
all forces are inter-related. In consequence, WED
feminists question the separation in western
thought between nature and culture, where nature
is viewed as separate from and acted on by culture
rather than each shaping the other. In the WED
view, stewardship of nature is understood as
integral to the renewal of culture rather than
being constructed as a programme per se.
Source: McMichael, 1996
WED feminists emphasize that no universal

development paradigm can be applied in all societies
because development is a relative process and not a
universal one. Moreover, women’s roles in sustaining
cultural and ecological relations are complex and place-
specific and incapable of being reduced to universal
formulas. If the concern is to emancipate women in
the third world, then their specific conditions should
be the basis of this approach.
Women and Development (WAD)
Around the mid 1970’s, neo-Marxist feminists and
dependency theorists shifted their attention from WID
to reflect on the relationship between women and
development. This gave rise to the Women And
Development (WAD) framework, which paid attention
to class dimension. According to this framework,
women’s unequal status is related to existing global
and class inequalities. It acknowledged women’s work
in family and economy as adding value to society, but
only paid work was considered. Like WID, WAD attended
to productive sphere and left out the reproductive
sphere, and with it women’s double work burden. It
sought income generation and equity policies for women.
Development programmes were initiated to equip women
with various skills and women’s work in the public
domain was given recognition. Women’s work in the
household, child care and that of elderly was
disregarded in economic terms due to prevalence of
western prejudice and inappropriate comprehension of
it. Thus, a distinction was made between the public
and private sphere. Use of class as a category puts
oppressed women with oppressed men without any
consideration of patriarchy and the way it operates
(Ghosh, 2000).
Gender and Development (GAD)

The gender and development approach emerged in the
1980s as an alternative to the WID approach. It links
the relations of production to the relations of
reproduction considering all dimensions of women’s
lives. It analyses the nature of women’s contribution
within the household as well as outside including non-
commodity production. In this manner, the GAD
approach rejects the dichotomy between public and
private spheres, ensuring that family maintenance
and household work that women do would get adequate
attention in development. Moreover, this approach
emphasizes on the role of the state in advancing
women’s emancipation.
The GAD approach sees women as agents of change
rather than as passive beneficiaries of development. It
lays importance on women organizing themselves in
order to articulate their concerns. Although it
recognizes that class solidarity and class distinctions
are both significant, it focuses on the ideology of
patriarchy which functions within and across classes
for the subjugation of women. The GAD perspective,
therefore, evaluates social structures and institutions
(Rathgeber, 1989). The GAD approach addresses
practical gender needs, such as those related to
provisions of safe water, food, health facilities etc. and
also strategic gender needs that women themselves
recognize, for instance, changes in the gender division
of labour, assertion of legal rights etc. These exist due
to low status of women in society.
Table 3: Contrast between WID and GAD
WID GAD
The approach An approach that An approach to

views the absence development that
of women in focuses on global and
development plans gender inequalities
and policies as the
problem
The focus Women Socially constructed

relations between
women and men, with
special focus on the
subordination of women
The problem The exclusion of Unequal power
women (half of relations (rich vs.
productive poor; women vs. men),
resources) from which prevents
the development equitable development
process. and women’s full
participation
The goal More efficient, Equitable,

effective sustainable
development that development, with
includes women women and men as
decision-makers
The solution Integrate women Empower the
into the existing disadvantaged and
development women and transform
process unequal relations
The strategies Focus on women’s Reconceptualize the
projects, on development process,
women’s taking gender and
components global inequalities
of projects, and on into account
integrated projects
Increase women’s Identify and address

productivity and practical needs, as
income determined by
women and men, to
improve their
condition; at the
same time, address
women’s strategic
interests
Increase women’s Address strategic
ability to look after interests of the poor
the household through people-
centered
development
Source: Moffat (1991) cited in Parpart (2000)
Empowerment Examined
In Development terminology, we often use the term
‘empowerment’. Jo Rowlands (1999) discusses
empowerment and provides an analytical meaning to
it, especially in relation to development. Empowerment
connotes ‘power to’ rather than ‘power over’. Liz Kelly
defines empowerment as that which “is achieved by
increasing one’s ability to resist and challenge over
power”. According to Mbwewe, it is “a process whereby
women become able to organize themselves to increase
their own self-reliance, to assert their independent
right, to make choices and to control resources which
will assist in challenging and eliminating their own
subordination” (cf Jo Rowlands, 1999).
Terms such as empowerment and development should
not be used as synonyms. It is assumed that power
comes naturally as a result of economic independence.
This often does not happen, because there is complex
interaction of factors like gender, culture, caste or
class. Economic relations by themselves do not enable
women to become analytical regarding their situations.
Overall, Rowlands suggests a precise use of the concept

of empowerment that would help to focus thought,
planning, and action in development.
Impact of Development on Women

In this section, we will discuss the impact of the
development policy on women in India as has been
presented by Krishnaraj (1996). We will analyze gender
and class together to determine the way gender
relations affect economic relations and in turn get
affected by them. We illustrate the relationship between
development policies and gender relations. The
implications of the New Economic Policy (NEP) on women
shall also be examined.
When India got independence there was acute poverty.
Alongside, agricultural production was stagnant and
industrial sector was small with little growth. Till then
the Indian economy had served the interests of the
colonial power. There was need for increasing the
capital formation for which the Mahalanobis model
was adopted and the focus kept on creating capital
goods. This development model was criticized because
of its inability to create employment and regulate public
distribution system efficiently. Moreover, its poverty
alleviation programmes had little outreach. It was
gender-blind and biased. It included only those works
by women which were paid for. Hard work that women
did in rural areas adding to the resources of the
household was not considered. Thus, development
priorities were skewed. Gender bias in the household
as well as in the social system constrained women’s
right to own property, access credit/technology,
education, and skill training. The inferior status of
women ensured that advantages from development in
the fields of education, health, income, and employment
did not reach them like it did to men. Moreover, the

sexual division of labour by which women took charge
of family and child care did not let them participate in
outside activities be it social, economic or political.
More importance was assigned to males and sons
leading to discrimination against women and girl child
in nutrition, health and education. The family planning
programme treated women as reproductive beings and
approached them to undertake contraception and birth
control.
Gender and Class
Usually, gender analysis does not take ‘class’ into
account. Krishnaraj (1996) suggests that if gender as
a category is used to analyze relations of production
(economic activity) and relations of reproduction, then
class can be comprehended better. The relations of
production are power relations whereby there is a
hierarchy between those who possess means of
production and those who provide their labour on certain
conditions. The relations of reproduction also consist
of power relations between genders. The dominant
gender controls the body and labour of the other. Thus,
women’s sexuality, reproduction and labour are socially
controlled. Caste and class direct how sexuality needs
to be defined within the caste/class, also between
class and caste. Power relations between genders ought
to be changed to address gender inequality. Further,
capitalist development emphasizes growth without
redressing prevailing inequalities. These divisions grow
all the more under a market economy. There are
challenges with respect to gender relations because
women belong to many classes and hence, lack common
interests. Only in the case of poor women, class and
gender interests match which is why they share the
same platform in asserting their rights. In the case of
educated, middle class women although employment

opportunities have grown, yet they figure somewhere
on the continuum in their roles as traditional
homemakers and as modern workers. They may get
paid help to reduce their burden of household work.
However, they have to confirm to their foremost function
of family maintenance and be a custodian of culture.
Marriage and family norms remain fixed for them.
Gender Relations and Development
Development policies at times reinforce gender
relations. It is assumed that market economy means
the same for men and women. But, segments of women
are being taken into workforce to such a limit that it
causes feminization of labour. Export industries recruit
women under various contract arrangements. Women
are preferred since they are generally ‘quiet’, ‘meek’,
‘cheap’, and ‘vulnerable’ in a gender-segregated labour
market. Meanwhile, when men from villages migrate
to towns in search of work women are left to themselves
managing everything. To illustrate, the Food and
Agriculture Organisation (FAO) has said that the
majority of farmers in India are women. Women either
work on family farm or in traditional cottage industries
while men move away. But, women’s contribution in
the subsistence economy is not recognized. Gender
relations play a role in women’s involvement in the
development process.
Impact of New Economic Policy on Women
India adopted the New Economic Policy in 1991 with its

essential tenets of liberalization, privatization and
globalization (Refer to Chapter 5). The World Bank
Report on Gender and Poverty (1991) suggests some
improvements to enhance women’s ability to access
credit, skill, technology etc. in the context of

liberalization. However, the report makes no mention
of gender based division of labour or power relations in
the market or household. It takes note of the fact that
female agricultural employment has grown at a faster
rate and suggests that women should enter the market
economy. It says that the cause of slow induction of
women into economy was due to prohibitory labour
regulation policies that constrained enterprises in the
organized sector. Disagreeing with this, Krishnaraj
states that women are taken into the economy on
discriminatory conditions. Market is gender-neutral
only in theory while in practice, it exploits the
minorities and women. Women enter labour market
facing degradation, feminization, informalisation, and
casualisation.
Markets are driven by profit- orientation causing
commoditization of women and men. Under
globalization, multinational corporations compete with
each other, and encourage consumerism. Women are
commoditized and commodities are sexualized. They
show emancipated women in the market context as
individualistic and successful, but with the right
proportion of glamour.
Policies and Planning for Women in India

Our Constitution has eliminated gender discrimination
by incorporating the right to equality. Various
legislations and policies have been made for the
empowerment of women. Refer to Box 4.
Box 4
Policy Commitments For Women
Constitutional Provisions
The commitment to gender equality is well
entrenched at the highest policy making level —
the Constitution of India. A few important provisions
for women are:
 Article 14-Equal Rights and Opportunities in
Political, Economic and Social spheres.
 Article 15-Prohibits discrimination on grounds
of sex.
 Article 15(3) – Enables affirmative
discrimination in favour of women.
 Article 39 – Equal means of livelihood and
equal pay for equal work.
 Article 42-Just and Humane conditions of work
and maternity relief.
 Article 51(A) (e) – Fundamental Duty to
renounce practices, derogatory to dignity of
women.
These provisions are effected and supplemented
by legal frameworks. A few laws and legislation
are:
Women specific Legislations
 Immoral Traffic (Prevention) Act, 1956. The
Maternity Benefit Act, 1961, The Dowry
Prohibition Act, 1961.
 Indecent Representation of Women

(Prohibition) Act, 1986, The
Commission of Sati (Prevention) Act, 1987,
Protection of Women from Domestic Violence
Act, 2005.
Economic
Factories Act, 1948, Minimum Wages Act, 1948,
Equal Remuneration Act, 1976, The Employees
State Insurance Act, 1948, The Plantation Labour
Act, 1951, The Bonded Labour System (Abolition)
Act, 1976.
Protection
Relevant provisions of Code of Criminal Procedure,
1973; Special provisions under IPC, The Legal
Practitioners (Women) Act, 1923.
The Pre-Natal Diagnostic Technique (Regulation
and Prevention of Misuse) Act, 1994.
Social
Family Courts Act, 1984, The Indian Succession
Act, 1925, The Medical Termination of Pregnancy
Act, 1971, The Child Marriage Restraint Act, 1929,
The Hindu Marriage Act, 1955, The Hindu
Succession Act, 1956 (& amended in 2005), The
Indian Divorce Act, 1969.
Source: Yojana, October 2006: 7
India’s planned development process was geared to
make India a welfare state, as stated in the Directive
Principles of State Policy in the Constitution. At the
same time, both men and women had to have equal
share in this process as visualized in the plans. The
Planning Commission’s ‘Plans and Prospects for Social
Welfare in India 1951-1961’ states that social welfare

services are to be extended to special requirements of
persons and groups who because of some disability –
social, economic, physical or mental – are deprived of
facilities provided by the community. Women were
believed to be disabled by social customs and social
values. Thus, social services were meant to relocate
them. The Commission listed three main areas through
which women’s development could take place — (a)
education, (b) social welfare, and (c) health (CSWI,
1974).
Mira Seth (2001) discusses the implications of policy
planning for women in India. The First Five Year Plan
(1951-56) did not specifically mention women’s
participation in development. In the chapter on Social
Welfare, it says that women’s position, role and duties
are essential for the well-being of the community. The
planners also gave importance to social legislations.
They suggested that it would be a step forward in the
social and economic development of women particularly
in the fields of health, education and vocational training.
States were to begin comprehensive programmes on
women and child welfare in social service departments.
The Plan identified malnutrition as the cause of high
infant and maternal mortality. To address this, the
Plan decided to begin (a) school feeding schemes for
children and creation of nutrition sections in the state
public health departments; (b) maternity and child
health centers, and (c) family planning (CSWI, 1974).
In the field of education, the planners emphasized the
need to increase girls’ enrolment in schools. Urban
areas with girl guides had to mobilize enrolment. The
purpose of education was to make girls capable enough
to manage their households efficiently in later lives.
At the higher education level, vocational education
was to be provided so that women could get employed.
On health, the focus was on maternal and child health

care services for women. Women were to be trained as
doctors, midwives/dais to ensure adequate childbirth
services. There was no recommendation with respect
to the small and village industries sector, handicrafts,
handlooms, or agriculture, although these sectors have
large population of working women. This is because
women were not considered as an economically
productive human resource then. The planners
recommended that a Social Welfare Board be set up at
the centre and in the states. As a consequence of this
Plan, there were social legislations introduced
protecting Hindu women’s rights in marriage and
inheritance.
The Second Five Year Plan (1956-61) highlighted the
importance of women workers. They were less organized
and often faced social prejudices. Women workers were
paid low wages because of the prejudice that they are
not able to do heavy work. Therefore, the Plan said that
women should be safeguarded against any work causing
injury, be given maternity benefit and crèche for
children. It emphasized the principle of ‘equal pay for
equal work’, and also to provide opportunities for women
to get trained and compete for better jobs, and to
create part-time employment (CSWI, 1974). This plan
discussed the working of the Central Social Welfare
Board and its benefits. With regard to education, it
emphasized that parents ought to be made aware,
education should become more connected to the needs
of girls, and women teachers should be recruited. In
the case of health, there was discussion on maternal
and child health. The focus was on improving pediatric
care for children. In the industrial sector, it was decided
to establish public sector undertakings. However there
was no concern on making women a part of this venture.
Though agriculture continued to employ high percentage
of women, there was no attention paid to extending

credit facilities to them through cooperatives or banks.
The major concern of the Third Five Year Plan (1961-
66) with respect to women’s development was on
extension of girls’ education. In the case of social
welfare, rural welfare services along with short-term
courses of education for adult women were given
attention. On health, the focus was on providing services
for maternal and child care, health education, nutrition
and family planning.
The Fourth Five Year Plan (1969-74) emphasized on
women’s education with regard to social welfare. The
voluntary sector was given a greater responsibility. It
was asked to help spread mass education, and motivate
people to have fewer children. The government limited
itself to providing institutional services for destitute
women and women taken out of prostitution. Family
was a vital institution, women’s welfare was given a
thought. The expenditure on family planning was
increased. Much concern was given to immunization of
pre-school children, and supplementary diet for children
and pregnant/nursing women (CSWI, 1974).
The Fifth Five Year Plan (1974-79) did not indicate
any new strategies or policy statements for women.
The Sixth Five Year Plan (1980-85) saw a drastic
change, in that there was a chapter on ‘Women and
Development’ for the first time. It presented the overall
position of women and at last reaffirmed that women
were much below men in nearly all the spheres despite
various legal and constitutional safeguards. The low
sex ratio and life expectancy of women in comparison
to men were cited to indicate their low position.
Women’s development was to be achieved through
education, employment and health. Moreover, it was
realized that women would be at better status if
economically independent. So district cells were to be

set up to encourage self-employment. Alongside, the
legislations passed in support of women’s rights were
to be reviewed to see if they were being adequately
implemented. In the field of education, there was
emphasis on increasing girls’ enrolment at the
elementary level, and education for women in backward
regions. On health, the provision of maternal and child
health care services were to be improved along with
women’s nutrition. With regard to labour welfare, the
Plan suggested provision of basic facilities at workplace,
improved living conditions, maternity benefits,
education, and crèche amenities. Contract labour was
to be restricted and the condition of construction
workers was to be improved since many women were
employed there. In the chapter on Agriculture and
Industry, however there was no discussion on any new
schemes to be initiated for women’s employment.
The Seventh Five Year Plan (1985-90) analyzed the
success of the Sixth Plan with regard to women. It
emphasized the need to integrate Health with Family
Welfare and to improve primary health care for women.
Low enrolment of girls in primary education was taken
note of. It suggested vocational training and education
for women so that they could be incorporated in skilled
and unskilled employment. New strategies were to be
evolved to reduce the burden of household work. Any
gaps in the present legislation were to be eliminated.
The planners realized that women had not got much
benefit from the Integrated Rural Development
Programme (IRDP). Due to men migrating to urban
areas, the female-headed households had increased,
yet only 7 per cent women were getting benefits from
this scheme. The Plan recommended that the
Development of Women and Children in Rural Areas
programme (DWRCA) be enhanced, which was started
in 1982 on a pilot basis in fifty districts of the country.

The Plan also decided that husband and wife together
would be given titles in development schemes by which
assets are transferred, land distributed etc. Krishi
Vigyan Kendras were to be set up and women be made
participant in it (Seth, 2001). This Plan emphasized
that women be made aware of their rights. It also
suggested that integrated development projects should
begin for women with spotlight on health, education,
nutrition, technology application, science and
employment creation. These initiatives were introduced
for the first time.
The Eighth Five Year Plan (1992-97) consists of a
chapter on ‘women and development’. In social welfare,
women are mentioned along with children, the disabled
and the aged. The plan assessed the advantages
accruing to women from the previous plan. It appreciated
the success of the IRDP, TRYSEM, Jawahar Rozgar
Yojana and DWCRA programmes of Ministry of Rural
Development, and women’s involvement in dairy
cooperative and other programmes of Agriculture
Ministry. Women became self-employed in large
numbers in small-scale, khadi and village industries.
Seats for women in industrial training institutions
were increased. The former plan had also witnessed
an increase in girls’ enrolment in the age group of 6-11
years as well as in higher education courses. The
Department of Women and Child Development began to
work on a Plan of Action for women for 1989-2000.
Shram Shakti Commission was established to evaluate
the status of women in the informal sector and list
suggestions for improvement of their position.
With regard to women’s employment, the Plan stated
that women should work as equal and be a part of the
development process in place of just being a beneficiary.
Women’s function in family and society were seen
holistically and women were not treated only as mother

or homemaker. Various ministries were directed to set
aside resources for women. Integrated projects for
development of women were to be set in motion.
Awareness generation was to be focused upon and
women’s groups were to function to change societal
ways. Women’s employment gained attention in the
plan document. They were to be provided skill-training
and also employment in rural areas. Nutrition and
health programmes for women were stressed upon. In
education, emphasis was on realizing universal
enrolment and universal retention. Scientific education,
recruitment of women teachers and non-formal
schooling was to be ensured for women. The role of
voluntary sector increased in this realm of development.
The Ninth Five Year Plan (1997-2002) for the first time
mentions that women need to be empowered so as to
act as agents of social change and development. A
National Policy for Empowerment was to be framed in
this regard. The Plan reflects on the need to reserve
seats for women in Parliament and the State Legislative
Assemblies. The Plan also suggests 30 per cent
reservation for women in public sector. Reproductive
health has got special attention. To ensure gender
equality in education, the Plan speaks in support of
promoting free education for girls till college level
alongside opportunities for vocational training. In order
to encourage women’s role in industrial development of
the country, the Plan recommends setting up of a
‘Development Bank for Women Entrepreneurs’ to help
them in small-sector industries. In the field of
agriculture, women were to get help through rural
development employment schemes. Lastly, women as
part of the plan should have 30 per cent funds allocated
for development initiatives. This is referred to as
‘Women’s Component Plan’ and is an important strategy
to be put in use by both central and state governments

for development of women.
The highlight of the Tenth Five Year Plan (2002-2007)
is gender budgeting- “The Tenth plan will continue the
process of directing the government’s budget to establish
its gender differential impact and to translate gender
commitments into budgetary commitments” (Yojana,
2006). The objective is to put into operation those
programmes that have been envisioned for women, by
means of budgetary allocations.
According to Krishnaraj (1996) there have been a
number of shifts in the official policy of development.
These were both in examining the problem of women’s
low status and recommending solutions for it. In the
period 1960-70, women’s role as house wives and
mothers got primacy. During 1970-80, women became
producers and providers. In the 1990’s, they were
emerging as actors in the market. The solutions
suggested had shifted from welfare to anti-poverty to
efficiency, as the Plan documents examined above
suggest. However, Ninth Plan onwards, we mark a
welcome shift in perspective as there is a vision of
women becoming agents of change.
Status of Women in Critical Areas

In this section, we examine the critical areas of
education, politics, economy, health, media, criminal
violence, and girl child to ascertain the position of
women in India.
Women and Education
Education is the birth right of every individual. Since
women have been deprived for long, they show abysmally
low status in this sphere. According to Census 2001,
the overall literacy rate is 45.38 per cent of which male
literacy is 75.38 per cent and female literacy 54.16

percent. That means around three-fourth of male
population is literate while only about half of the female
population is literate in India. In 2004-05, the percentage
of girl’s enrolment to total enrolment is 46.7 percent at
the primary level (classes I-V), 44.4 per cent at the
upper primary level (classes VI-VIII), 41.5 per cent at
the secondary/higher secondary level (classes IX-XII)
and 38.9 per cent at the higher education level (Degree
and above level) (GOI, 2007). This data on enrolment
suggests gender inequality in education.
Women and Politics
Politics is perceived as a male domain and women are
considered incapable of participating in it. When India
became independent, universal adult franchise was
adopted. The turnout of women voters has increased
from the first Lok Sabha election in 1952 to the latest
14 th Lok Sabha elections. The number of women
candidates has increased, but it is not much above five
percent of the overall male candidates. Moreover, the
percentage of women members in the Lok Sabha has
never gone above 10 per cent of the total strength of
the House till now (Sinha, 2000). In this despondent
situation, there is some hope. The 73 rd and 74 th
Amendment Acts 1993 ensure one-third representation
of women in rural and urban local governance systems
(panchayats and municipalities by Article 243 D).
However, Women’s Reservation Bill that proposes one-
third reservation for women in Parliament and State
legislatures is still pending.
Women and Economy
We can see that the economic status of women shows
the phase of development of society. Societal attitudes
govern women’s work. The work participation rate or
the percentage of working population (male and female)

in the total population shows how women are grossly
under represented in the economy as main workers.
The 2001 Census figures on Work Participation Rate
show overall 30.5 per cent workforce, of which only
14.7 per cent are women workers compared to 47.8 per
cent men. Most of the women workers are still in the
unorganized sectors. Here wages are low, work infinite
and labour rights hardly exist (Seth, 2001).
Women and Health
Women’s health is a crucial area because it enables
her to effectively contribute to the development process.
According to the National Family Health Survey (NFHS)
1998-99, 51.8 per cent women are anemic, the Maternal
Mortality Rate is 540. These indicators show that women
lack adequate nutrition and health facilities. Moreover,
only 51.6 per cent women participate in the decisions
related to their health. Very few have access to health
care services as they rarely go unaccompanied,
especially in rural areas.
Women and Media
The mass media impacts the status of women. Media
like press, radio, television, youth magazines and films
are included in this. The way media projects women
and assigns them roles affects their position in society.
Women are depicted as infirm, indecisive, and
dependent. Such representation reinforces gender
stereotypes about women. If it portrays women in
socially conforming roles then that strengthens
traditional forces and rules out possibilities of women
entering different sectors as equal partners. What is
required is gender sensitization of media agencies and
their cooperation in creating a gender-just society.
Criminal Violence
When we speak of violence against women, it is in the
form of sexual harassment, rape, dowry harassment,
domestic violence, kidnapping and abduction, torture
and molestation. Overemphasis on female chastity
causes women to abstain from reporting sexual crimes.
These crimes against women are on an increase (Seth
2001). Domestic violence is endemic. The NFHS– III
interviewed 1.25 lakh women in 28 states during 2005-
06 and has come out with some startling findings.
Around 40 per cent married women undergo abuse at
home; slapping is the most common act of violence by
husband; and 54 per cent women and 51 per cent men
approve wife-beating by husband (see Times of India,
12/10/07). Such a situation exists because our society
is still patriarchal. Men subjugate and exploit women
who are vulnerable due to low levels of social and
economic empowerment.
Girl Child
Girl children are a deprived lot in our society. Basic
provisions of nutrition, education and well-being are
not available to most of them. They also face abuse
from an early age due to the patriarchal set-up of our
society. When they are born they face the stigma of
being unwanted. Male child is everywhere preferred.
The sex ratio (female per 1,000 males) for 0-6 years is
927. This is much lower than the overall sex ratio of
933 females per 1000 males (Census of India, 2001).
Female infanticide exists whereby girls are drowned,
poisoned or smothered. This confirms discrimination
against girl child. Likewise, female foeticide is
disturbingly prevalent. Though there is prohibition on
prenatal diagnostic test, to stop such practices (see
box 4), such practices do exist. Women themselves are
a part of these practices acting as instruments of
patriarchy. It can be resisted through consistent

measures at empowering women so that they are able
to question such practices.
Conclusion
In this Chapter, we have discussed gender in relation
to development. We examined the theoretical
approaches on women and development. In the Indian
context, we discussed the experience of women through
the development approach by the country. The impact
of new economic policy on women was also examined.
We looked at various legislations aimed at empowering
women. The status of women with respect to education,
health, politics, economy, media, and criminal violence
was also analyzed. The development process should
take women as active participants, rather than as
mere recipients, so as to become truly emancipatory.
References
Dorienne Rowan-Campbell (ed.) (1999): Development
with Women, Oxfam, UK.
Government of India (1974): Towards Equality: Report
of the Committee on the Status of Women in India
(CSWI), Ministry of Education & Social Welfare, New
Delhi.
Government of India (2007): Selected Educational
Statistics 2004-05, Ministry of Human Resource and
Development, Department of Higher Education,
Statistics Division, New Delhi.
Yojana Editorial Team (2006): ‘Initiatives for
Empowerment’, Vol. 50, October, p.7.
Krishnaraj, Maithreyi (1996): ‘Towards Alternative

Development Strategies: Problems and Possibilities for
Women’, Mainstream, vol. 34, Dec 14, pp.87-99.
Parpart, Jane L. et al (2000) (Eds): Theoretical
Perspectives on Gender and Development,
Commonwealth of Learning, International Development
Research Centre, New Delhi.
Rege, Sharmila (ed.) (2003): Sociology of Gender: The
Challenge of Feminist Sociological Knowledge, Sage
Publications, New Delhi.
Seth, Mira (2001): Women and Development: The Indian
Experience, Sage Publications, New Delhi.
10
Population And Development

* Chinmoy Biswal
Introduction
If you ask a high school student what is the biggest
problem India is facing, she will most probably answer
‘population’. An under-graduate Economics student, if
asked what is the biggest obstacle in India’s path of
development, will most likely answer: the population
problem. Many people perceive the problems of poverty
and unemployment as due to high rate of population
growth. You may also have read so in your school/
college books.
However, this is a simplistic explanation. Just as lack
of development is not due only to ‘traditionalism’ but
due to historical-structural factors too, similarly
population growth cannot be said to be the causal
factor. The relationship between population and
development and vice versa is far complex, varying
from time to time and from society to society. Moreover,
population size is a relative concept. A resourceful
country has no problem with high population while a
country with less resource will find it difficult to support
even a modest size of population. It is this population-
resource relationship that is important. Further, the
population-resource relationship is not only in terms of
per capita availability, but more importantly in terms
of per capita consumption.

Population And Development 247
The ‘Population Problem’

Throughout human history, population was regarded
as a resource, not a problem. In fact, any prospects of
population decline were alarming. A society’s prosperity
was measured from its rise in population and misery
from population decline. Death rates and infant
mortality rates were high and life expectancy was very
low. Insecurities of life induced people to have more
children. Moreover, the mode of production was
agrarian. It needed adequate labour power of men and
women. In its earlier phases, forests had to be cleared
to reclaim agricultural land. Technology being primitive,
the only way to increase output was by cultivating
more and more land which needed extra hands. Thus
families and communities gave importance to fertility
and celebrate the rise in size of their population.
Moreover, numerous warfare, epidemics, natural
disasters etc. used to take heavy toll from time to
time. So the concern was how to grow in numbers,
quite contrary to the concern of our present times. In
ancient India, people would pray to gods to bestow
them with dhana, jana, gopa and lakshmi (wealth, people,
cattle and prosperity). Some of these ideas persist
strongly even to this day, posing great challenge to
population control initiatives.
The notion of ‘over population’ appeared in public
discourse in the wake of Industrial Revolution in
England when there was massive rural to urban
migration of people. As a result of evictions from
agricultural land, rural paupers flocked the towns in
search of work and soon the cities and towns swelled
with large number of labourers most of whom were
destitute and could not find work. The Poor Law which
used to provide assistance to these destitute came
under severe criticism for the burden it put on state
exchequer (Rao, 1994). It is then that poor people

began to be seen as a burden on national resources.
There were debates regarding the cause of poverty and
destitution and efforts were made to evolve a public
policy to deal with the poor. The concept of
‘overpopulation’ emerged in this context. During such
a period, Malthus wrote a famous piece formulating a
causal link between population growth and poverty. We
will discuss his theory and its criticisms in the
subsequent sections.
Modern Rise of Population

The history of growth of human population on earth
has been very gradual. At the end of Ice Age, the
human population lay scattered all over the earth and
derived their subsistence from hunting, gathering and
fishing. The size of population was very small,
approximately between 100, 000 and 1,000,000 (Bhende
and Kanitkar, 2006). When humans changed to a
settled farm-life by producing their own food through
farming, cultivation and domestication of animals, the
demography also underwent change. The rise of a city-
centered society associated with the improvements in
cultivation led to population growth. There also
emerged densely populated areas in different parts of
the world. The course of population growth during this
period was marked by a gradual growth for a short
period followed by a sudden decline due to epidemic or
famines or calamities.
At the beginning of the Common Era, the world
population was around 256 million which rose to about
400 million by 1300 CE. During the 350 years that
followed, i.e., by 1650 CE, there was a rise of only
hundred million. However, from the middle of
seventeenth century till middle of nineteenth, the
world population nearly doubled, rising from about 500
million to 1000 million. By 1930, i.e., within 80 years,

it further doubled to 2000 million, and now stands at
6000 million. This fast growth of population is often
referred to as the ‘modern rise’ in population. This has
been due to a plethora of factors — rapid advancements
in medical technology and control over epidemic
diseases, technological development and growth in
agricultural production, disappearance of frequent
famines, industrial revolution and increased well being
of people, improved access to nutrition, good housing
and clean water etc. Thomas McKeown (1976) has
propounded that the rise of population was due primarily
to the decline of mortality and the most important
reason for the decline was an improvement in economic
and social conditions., among which conditions, the
most significant was improved diet. While Europe’s
population witnesses high growth in the 18th and 19th
centuries, the third world population (Asia, Africa and
Latin America) are growing at a faster rate for the past
some decades. India’s population is on a rise after
1921.
Population and Development Relationship

The issue of population and development is basically
about examining how patterns of population affect the
development of a society, and how socio-economic
development leads to changes in the population
composition and structure. Traditionally the
relationship has been posed as one between population
and poverty, trying to establish a causal link. It is also
one of the most debated areas in development studies
because of sharp divisions in looking at what is called
‘overpopulation’.
While many industrialised countries would say that

the third world countries have high growth rates of
population and therefore they are overpopulating the

earth, the third world countries point out that it is a
myth propagated by the first world to divert attention
from the high rate of resource consumption by their
population. Also, citing population as the hurdle in the
path of development shifts the attention from structural
and institutional factors and oversimplifies the problem
of underdevelopment. There are theories explaining
that poor countries are poor because they have high
population which causes unemployment and puts a big
strain on their resources and incomes. Others view
population as a resource that can be productively
employed in a labour-intensive production system. In
this section, we shall briefly look at these debates.
Malthusian View
The earliest scholar to propose a link between population

growth and its effect on development was Rev. Thomas
Robert Malthus, an English clergyman. He sought to
identify the cause and consequence of population, and
an devise action to control it. In his famous work An
Essay on the Principles of Population as It Affects the Further
Improvement of Society (1798), Malthus gave two major
propositions: “The power of population is indefinitely
greater than the power in the earth to produce
subsistence for man. Population, when unchecked,
increases in a geometric ratio. Subsistence increases
only in an arithmetic ratio. A slight acquaintance with
numbers will show the immensity of the first power in
comparison to the second”.
This means, population grows in the series of 2, 4, 8,

16 and so on, while food production rises only as
1,2,3,4… Hence, sooner or later population will outgrow
food production and the total food supply will be
insufficient to feed the rising numbers. Malthus thought
population doubled itself every 25 years. Poverty (and

underdevelopment) and misery are thus results of high
rate of population growth. He also identified the poorer
sections responsible for the high population growth.
Malthus proposed two types of ‘checks’ to control this
problem: positive checks and negative checks. Positive
checks are vagaries of nature like famine, pestilence
and epidemics which clear out ‘excess’ population for
the sake of survival of society. These ‘positive checks’
are imposed by nature on poor classes, who breed
more. Negative checks are a kind of ‘preventive’
measures, such as coercive moral restraint on
cohabitation of poor people, celibacy and delayed
marriages to prevent rapid fertility, and also vices.
Malthus was strongly opposed to any kind of organised
relief or charity to be provided to the poor on the
reasoning that if the living standard of poor increased,
it would act as an incentive to breed more and their
population would further increase.
Critiques of Malthus
Malthus’ thesis about the exponential nature of
population growth has not been questioned but his
formulation on the limiting nature of food production
has come under criticism. Also, the association between
the two have been shown to be irrelevant. Contrary to
Malthus’ belief, it has been proved that an increase in
standard of living leads to desire for smaller families
and a fall in birth rates.
The most important empirical criticism has come from
Ester Boserup (1976) and most recently from Amartya
Sen (1994). Boserup suggested that the very problem of
population being faced with the prospect food scarcity
would spur them to apply technical knowledge faster.
In other words, an increase in population density is a
stimulus to technical progress in agriculture. For
example, the first major technical innovations in

European food production, such as short fallowing and
planting of root crops with high calorific content per
acre etc. occurred in the most densely populated
countries. In the nineteenth century, Alison (1840)
and Frederick Engels had argued that scientific
knowledge could grow faster than the rate of population
and so the fertility of land can be raised.
Malthus has been proven wrong from empirical
evidences too. According to Sen (1994), between the
time of Malthus and now, world population has grown
about six times, but food production has more than
kept up with population growth without much sign of
strain. It is the countries with rapidly growing population
(for instance, China and India) that are producing
more food in average than the developed countries
which have low population growth. A decadal analysis
shows that the trend of food output per head has not
become a downward one. For example, food production
per head in 1990-92 was more than 4 per cent higher
than about a decade ago (1979-81), and for more than
a decade and a half ago (1974-76), it was 6 per cent
higher. Similar increases can be found in the preceding
decades as well.
Table 1: Population Growths in Different Regions of the
World, 1980-1990
Regions Population (millions) Decadal Growth
1980 1990 Total Annual
(million) %
World 4428 5351 923 1.7
Middle East and
North Africa 173 244 71 3.2
Sub-Saharan Africa 351 489 138 3.1
South Asia 903 1152 249 2.2
of which: India 684 850 166 2.1

Latin America 358 455 97 2.0
East Asia and pacific 1399 1667 268 1.6
of which: China 988 1134 146 1.5
Source: World Developed Report, 1993 cited in Sen (1994)
Table 2: Indices of Food Production per Head by Regions
Regions 1974-6 1979-81 1985-87 1990-92
World 97.4 100.0 103.8 104.1
Europe 94.7 100.0 106.4 103.5
North America 90.1 100.0 99.1 99.2
of which: USA 89.8 100.0 97.9 97.2
Otherdeveloped 107.5 100.0 98.3 91.6
Africa 104.9 100.0 95.8 94.2
Latin America 94.0 100.0 100.5 103.1
Asia 94.7 100.0 111.9 120.8
of which: India 96.5 100.0 109.2 122.4
China 90.1 100.0 122.7 136.4
Source: Sen (1994)
Sen observes that while 90 per cent of increase in
population is taking place in the poorer countries in
the world — about two-thirds of it in Asia, this is
exactly the region where the increase in food production
per head is occurring. The upward global trend of per
capita food output is not only the result of high
performance of rich countries only. For example, table 2
shows that in the decade mentioned food output per
head in Europe rose more slowly than in the world,
and the figure for the US recorded nearly a three per
cent decline. In contrast, in Asia where two-thirds of
the absolute increase in population in the developing
world took place, food output per head rose by more
than 20 per cent. Significantly, there was a growth of

more than 22 per cent in India and 36 percent in
China.
However, despite its dismissal, the contribution of
Malthus theory is in giving rise to the notion of ‘optimum
population’, that is, an ideal population size which a
country can maintain under its resource constraints
and technological development. Malthus’ broad
formulations about population-resource relationship
were carried forward by neo-Malthusians and also
form the core idea behind the concept of sustainable
development.
Marxian View
The view of Marx and Engels on the relationship
between population and development was a radical
critique of the Malthusian approach. In their model,
poverty is the cause of population growth, and both
poverty and population growth are outcomes of the
capitalist mode of production. Every mode of production
has its own law of population which has nothing to do
with food supply. As the mode of production changes,
the factors which decide the growth of population also
undergo change.
According to Marx (1887), the changes in rural England
and the ‘overpopulation’ resulted from the landowners’
quest for more and more profit from land by employing
agricultural machinery and using labour as efficiently
and cheaply as possible. Thus, the earlier tenant farmers
were evicted from their land and became hired
agricultural labourers. These landless labourers who
were unemployed would be viewed by Malthus as the
overpopulation due to population growth. But in Marxian
view, such a situation of ‘overpopulation’ would not
occur in the earlier economic systems of feudalism or
in the future system of socialism. Marx and Engels call

it ‘relative surplus population’ because it is relative to
a particular mode of production.
Similarly when manufacturing enterprises grew, the

same profit-making strategies necessitated doing away
with small workshops using family labour, and instead
building large factories, mechanising some jobs and
hiring labour as and when they needed them. This
created a vast reserve army of surplus population. In
the long-run, industrial capitalism would tend to
substitute capital for labour by adopting latest
technology, which meant that labourers get continually
thrown out of work and join the already large pool of
‘reserve army’ of unemployed. Thus, Marx proposed
that poverty results from a failure of labour demand,
rather than from an excessive increase in labour supply.
In a capitalist system, the owners of capital would try
to accumulate more and more capital and profits
while the labour class only owns its labour. So it will
try to accumulate more labour by rapidly reproducing
itself.
The contribution of Marxian theory is that it understands
the problem of ‘over population’ and ‘underdevelopment’
not in terms of growth in population but in the
misdistribution of resource ownership. This idea is the
basis of looking at population as a resource for
development when fully and productively employed.
Neo-Malthusian View
In the late 19th and 20th centuries, a new term ‘neo-
Malthusian’ was applied to a group of people who were
inspired by Malthus but differed in some aspects. The
term was coined in 1877 by Dr. Samuel Van Houten, a
member of the Malthusian League.
Neo-Malthusians are not conceptually or

methodologically different from Malthusians. They differ
only in three aspects. One, while Malthusians were
concerned about the population growth among the poor
population in their own countries, the neo-Malthusians
look at the entire world as a whole and identify the
poor in the developing countries as breeding more.
Two, they perceive not only food (land) as limited, but
all resources as finite. Three, they advocate checking
population growth through technological means like
birth control whereas Malthus was strictly opposed to
this idea. He had only stressed on moral restraint —
voluntary celibacy and abstinence.
Neo-Malthusian thinking has been dominant in
formulation of population control policies and
programmes in the third world countries. Essentially
the neo-Malthusians view the poor countries with high
birth rate as responsible for their own poverty and
underdevelopment. Moreover, they are consuming the
world’s finite resources due to their high number which
is a danger for survival of humankind. Since population
growth is the major factor in their underdevelopment,
checking population growth would lead to their
development, according to neo-Malthusians.
In 1972, a group of neo-Malthusians under the name of
“The Club of Rome”, working on a project on ‘The
Predicament of Mankind’, published a book The Limits
to Growth. It predicted gloom for humankind until a
‘state of global equilibrium’ was reached through
deliberate control of population within a very short
span of time through contraceptive technologies and
population control programmes. It held the population
growth in third world countries responsible for global
problems such as world hunger and environmental
degradation.
The Club of Rome report was criticised for paying

absolutely no attention to the pattern of resource
consumption in the first world and the third world
(Nayar, 1990). That resources are finite is a truism but
their claim that the fastest growing population (in the
third world countries) is consuming most of it is not
supported by evidence. The Human Development Report
of 1999 states that the overall consumption of the
richest fifth of the world’s population is sixteen times
that of the poorest fifth. According to Susan George
(1976), the developed, industrialized countries consume
a lot more food than the three continents of so called
Third World Nations. The average yearly addition to
the diet of people from these countries is equivalent or
even more than the average yearly consumption of
people in most developing countries. Such data and
comparisons led to criticism of the misplacing of facts
and actual trends by neo-Malthusians.
Demographic Transition Theory

The demographic transition theory is an empirical
theory based on actual population transition experiences
of industrialised countries through the eighteenth and
nineteenth centuries. It is considered as an important
model which establishes a relation between economic
(industrial) development and population changes. It is
built on the classical economics model which treats
population as endogenous to development. Population
becomes the key indicator of development of the
economy in that low population growth rate shows a
higher level of development after industrialisation has
begun. Although this theory has been proposed as
early as 1929 by Thompson, it was only in 1945 that
Frank W. Notestein put it a mature form by explaining
the changes in fertility and mortality. The demographic
transition theory proposes five stages in the population
transition corresponding to levels of economic

development through industrialisation.
Stage1: The first stage is called the ‘high stationery’
stage characterized by very high birth rate and very
high death rate. Life expectancy is low. The population
size is small and almost stationery. Society is
characterized by low levels of economic development
and industrialisation is yet to begin. Pre-industrial
Europe was in this stage.
Stage 2: The next is ‘early expanding’ stage when
death rate falls drastically due to economic development
and better nutrition and health care due to increase
in incomes of people who are gainfully employed. But
the birth rate continues to be high as before because
the fertility behaviour of people takes a long time to
change owning to institutional factors. As a result,
there is an expansion of the overall population. This
stage has been called the ‘population explosion’.
Stage 3: The third stage is called ‘late expanding’
stage. Birth rate starts falling but death rate is falling
much more rapidly. So the growth rate of population
falls but the overall population is rising due to an
already higher base. This is the phase of industrial
transition and urbanisation.
Stage 4: In the fourth or ‘low stationery stage. The
birth rate falls further to catch up with the death rate
(which has attained a low level) and the population
growth rate remains just at the replacement level.
This comes when the country is highly developed
industrially and economically.
Stage 5: When there is a further fall in the birth rate,
it mortality rate exceeds birth rate. So it is a stage of
declining population.
Coale and Hoover (1959) made a study of the changes

in fertility and mortality typically associated with
economic development. The agrarian peasant economy
is characterized by high mortality and birth rates.
Death rates are high because of poor diet, inadequate
sanitation and health provision. The birth rates are
high and area functional response to high mortality.
Since the chances of child survival are low as also low
is life expectancy, the idea of prolific fertility is ingrained
in the social systems, customs and beliefs in these
societies. These are reinforced by the economic
advantage of having large families who collectively
engage in production activities. When such a society
modernizes and becomes industrialised, and undergoes
urbanisation, the economic condition of the population
also improves. Now people have better access to food,
healthcare and sanitation. As a result, death rates
start falling. Gradually, with the shift from primary to
secondary and tertiary sectors, the family structure
also changes. There is nuclearisation of family. Small
family becoming a norm, birth rate begins to fall. This
decline in birth rate takes a long time to come about
because fertility changes have to adapt to the existing
pro-natal beliefs and value systems. This delay results
in a massive increase in the size of the population.
However, after a point, any further decline in the
death rate is difficult to achieve and the falling birth
rate catches up with the low death rate. Then the
population stabilizes with very minor fluctuations (cf
Bhende and Kanitkar, 2006).
However, the links between development and
demographic change are not automatic. Many countries
have experienced fall in death rates even before their
industries and agriculture underwent transformation.
In some countries, family size diminished even before
industrialisation began (Bengtsson and Gunnarsson,
1997). The demographic transition theory, though widely

accepted as valid, is considered to be of limited value
when applied universally. Critics point out that the
theory was based on the experience of advanced
industrialised countries in Western Europe. But the
sequence of stages described in the theory was not the
same for all countries. Coale (1965) has shown that in
Spain and Eastern Europe, fertility started declining
even when mortality was high. Predominantly rural
populations such as France, Sweden, Finland and
Bulgaria experienced decline in birth rates similarly
as industrialised and highly urbanized countries like
England. So the theory is only a broad generalisation.
The theory is also criticized for failing to give any
theoretical explanation. However, despite these
limitations, the theory of demographic transition
provides a framework for linking the phenomenon of
population change with development transition. It
carries a novel perspective that treats population as a
dependent variable, and socio-economic as the
independent variable (Rao, 1994).
Politics of Population
From the above discussion, it can be seen that
population-development relationship is not simple but
complex. The insistence on population control by
development agencies including the United Nations
and adoption of coercive methods by some governments
has caused considerable resistance and protests. While
voluntary decision by couples to limit their families is
not put to question, population control measures called
Family Planning or Planned Parenthood etc. are subject
to criticism on several grounds. One, the view that
underdevelopment in third world countries is due to
overpopulation is untenable because there are historic,
structural and political economic factors for this
underdevelopment. It has been pointed out that their

underdevelopment is due to the plunder of their
resources by the developed countries during
colonialism, and thereafter in an exploitative global
economic order. Two, the notion of overpopulation
distorts the picture of actual resource consumption by
the developed countries whose per capita consumption
of all resources — food, water, fuel, electricity, etc. —
are several times that of the developing countries. So
in terms of population-resource ratio, the developed
countries have been shown to be much more
overpopulated than the developing countries (refer also
to Chapter 7 on Sustainable Development).
Moreover, the neo-Malthusian thinking on population
and development does not take into account the absolute
deprivation, class and other inequalities that prevent
the poor people from enjoying the resources of
development. It does not, for example, take into account
how resources are distributed among sections of
population and whether equity is a factor in development
and underdevelopment.
The reversal of relationship between population and
development may help in understanding the reasons
behind high population growth among poorer sections
and poorer countries. The underdeveloped countries
being predominantly agrarian, their poorer sections
are either small and marginal peasants or agricultural
labourers. Mamdani (1972) in his study in Punjab has
stressed that the need for labour in rural areas had
increased the demand for children. Peasant families
perceive their children as not additional mouths to
feed but as additional hands that can contribute to
family labour and earning. In deed that is one reason
for large scale prevalence of child labour in many
developing countries. So it is poverty that leads to
desire for bigger family size and consequent high rate

of population growth in developing countries. The
answer to this phenomenon is not population control
but raising the living standards of people through
development which can act as the best contraceptive.
As Cassen (1999) writes “parents do eventually move
away from an instrumental view of children to regarding
them as subject, individuals whose needs are to be
considered without any reference to the economic
returns to parents. People’s desires to limit their
families stem in part from a wish to good returns and
that depends on social and economic development.”
Before that parents need to be sure that their children
would survive. Indeed, high infant mortality rates
prompts parents to have more children so that some of
them survive to adult lives.
Although demographers in the 1950s and 1960s almost
universally accepted the contention that a high rate of
population growth strongly inhibits economic
development, and adversely affects the environment,
by the early 1980s, social scientists had begun to
exhibit considerable scepticism regarding this uncritical
linkage (Desai, 1998). We have already stated how Sen
debunks Malthusian pessimism of falling food output
with increasing population. Kelly (1988) has shown
that historically the relationship between growth in
per capita GNP and population growth rate has been
very weak, at least through the 1970s and 1980s (cf
Desai, 1998).
Concerns about population growth cannot be dismissed
as groundless as it puts strain on environment and
problems for improving the living standard and economic
wellbeing of the people (Dreze and Sen, 2006). But
population control with the long term goal of
development has met with limited success. While it is
desirable that a country with high population should

seek to limit its number, in the absence of structural
and institutional changes that bring equities in
resource distribution and adequate human
development, it may lead to undesirable consequences
like fall in the number of girl children due to foeticide
or male-child selective births. Sen (1994) cites Kerala
as a model to exhibit how demographic changes have
come about by intervention not only in family planning
but by a variety of measures touching the socio-
economic aspects of the lives of people. Kerala has the
lowest population growth rate in India. It is not a rich
state but is a state which has high literacy, especially
female literacy, low maternal mortality rates, high life
expectancy, easy access to healthcare facilities and
medical help. It ahs also benefited from considerable
focus on health and education by the state.
Conclusion
In this Chapter, we looked at the origin of population
problem in the historical social change in European
societies during Industrial Revolution. Although
Malthus’ views on population growth and limited
resources are widely cited, they are without empirical
evidences. Similar is the case with the neo-Malthusian
arguments. Instead, the relationship between population
and development is complex and the causality is more
often than not reverse. The demographic transition
theory provides a framework to look at the development-
population growth relationship, based on the experience
of advanced Industrialised countries. We also discussed
the politics of population control in imposing coercive
measures with limited success. Instead, with better
distribution of resources, security of employment and
earnings and provision of welfare services, families
tend to limit their sizes.
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in Wolfgang Sachs (ed.) Global Eccology, Zed Books, London,
pp. 132-45
Worster, Donald (2005): ‘The Shaky ground of sustainability’,
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Yojana Editorial Team (2006): ‘Initiatives for Empowerment’,
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Kelly, Allen C. ‘The Population Debate in Historical
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Working Paper No. 99-09, undated, Available at SSRN:
http://ssrn.com/abstract=182633.
11
Social Ideals of Indian
Constitution
* Ranjana Sehgal
Introduction
The Constitution is a set of basic rules that determines
the nature of State, structure of its Government and
distribution of power within it. It is a device whereby
power is distributed to the various organs of the
government and limits imposed. It is the fundamental
law of the land. It is all this and much more. It is a
potent instrument of justice, change and empowerment.
The concept of Constitution till the 19th Century was
that of an instrument of governance but in the 20th and
the 21st century, it has come to be accepted as an
instrument of socio-economic transformation. When
India became independent from British rule, it got a
golden opportunity to consciously restructure itself as
an egalitarian society based on the ideals of freedom,
liberty, equality and justice, which was promised to all
irrespective of religion, class, caste or sex. All our laws
and policies were subsequently based on this premise.
Though, structural changes tempered with justice and
sensitivity cannot be made by drawing up a good
Constitution alone, our Constitution does not lack on
these counts. Even after 58 years of having given this
Constitution to ourselves, we still have to deliver on
many of the promises, attributed more to the failure of
governance than shortcomings of the Constitution per
se. Our Constitution has given us three very important
things. Firstly, it has given us the power to demand for
* Dr. Ranjana Sehgal, ISSW, Indore

Social Ideals of Indian Constitution 277
the enactment of laws, not only it has provided the

base for social, economic and political justice but also
for the passing of laws to meet these objectives.
Secondly, the Constitution by itself is the supreme law
and any law which is in contravention to its provisions
is ultra vires. Thirdly, it has given us the instruments
such as the High Court and the Supreme Court for the
implementation of the various laws. The Indian
Constitution is a bulky one comprising 395 articles
grouped in 22 parts and 9 Schedules. According to Dr.
Ivor Jennings, it is the bulkiest and the most detailed
Constitution in the world. It is bulky due to the primary
reason that it not only contains the broad principles
but also details of administration. It delineates what
we expect from a farmer as well as the President of the
country. It narrates the role of every citizen of the
country. The Fundamental Rights guarantees seven
important rights and the Directive Principles of the
State Policy craftily articulate the Indian vision of social
ideals.
The Preamble
Our Constitution contains the philosophical and social
goals of our country. Every written Constitution has a
preamble, an introduction, with which it begins and
which comprises its objectives and basic purposes. As
the preamble consists of the goals of the State, it can
be considered as the soul of the Constitution. The
Preamble, though not an integral part of the
Constitution and without any legal force is nevertheless
very significant, as it indicates of the Constitution.
 the sanction
 the pattern
 the objects
 the content
Preamble of the Indian Constitution

The Preamble to the Indian Constitution reads as
follows :
WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and
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;
and to promote among them all
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth
day of November, 1949, do HEREBY ADOPT, ENACT
AND GIVE TO OURSELVES THIS CONSTITUTION.
A look at the preamble reveals the pointed goals of

social, economic and political justice, liberty, equality
and fraternity. It contains lofty social ideals which the
framers of the Constitution have set before all the
future governments of India. It declares India to be
sovereign democratic republic and emphasizes in
unequivocal terms the sovereignty of the people as it
proclaims that the source from which it emerged is the
people of the country. It contains the pledge of the
people of India to themselves.
The Fundamental Rights

The social ideals laid down in the preamble not only
get strengthened by the Fundamental Rights and the
Directive Principles of State policy, albeit, they are the
two principal components of the Indian Constitution.
Our fundamental rights, which are a corollary of our

preamble, form the strong roots of our democracy and
are its core and distinguishing feature. These rights
are fundamental because they are:
 essential to democratic governance
 incorporated in the fundamental law of the land,
hence cannot be infringed
 safeguarded by the judiciary
 constant reminder to the government about the
assured liberties to the people, which they need to
respect and uphold at all times
Let us first take a look at the Fundamental Rights:
Fundamental Rights as in the Constitution
The following seven Fundamental Rights are
guaranteed under the Constitution:
 Right to Equality
 Right to Freedom
 Right against Exploitation
 Right to Freedom of Religion
 Cultural and Educational Rights
 Right to Constitutional Remedies
 Saving of Certain Laws
The elaborate enumeration of the Fundamental Rights
in Chapter three of the India Constitution embodied in
Articles 12-35 is briefly recapitulated as under:
Right to Equality (Article 14 – 18)
14) Equality before law—The State shall not deny to

any person equality before the law or the equal
protection of the laws within the territory of India.
15) Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth —
(1) The State shall not discriminate against any
citizen on grounds only of religion, race, caste, sex,
place of birth or any of them.
(2) No citizen shall, on grounds only of religion,
race, caste, sex, place of birth or any of them, be
subject to any disability, liability, restriction or
condition with regard to—
a) access to shops, public restaurants, hotels
and places of public entertainment; or
b) The use of wells, tanks, bathing ghats, roads
and places of public resort maintained wholly
or partly out of State funds or dedicated to
the use of the general public.
(3) Nothing in this article shall prevent the State
from making any special provisions for women and
children and for the advancement of any socially
and educationally backward classes of citizens or
for the Scheduled Castes and the Scheduled Tribes.
16) Equality of opportunity in matters of public
employment — (1) There shall be equality of
opportunity for all citizens in matters relating to
employment or appointment to any office under the
State. No citizen shall, on grounds only of religion,
race, caste, sex, descent, place of birth, residence
be ineligible for, or discriminated against in respect
of, any employment or office under the State.
Nothing in this article shall prevent the State from

making any provision for the reservation of
appointments or posts in favour of any backward
class of citizens and promotion, with consequential
seniority, to any class or classes of posts in the
services under the State in favour of the Scheduled
Castes and the Scheduled Tribes.
17) Abolition of Untouchability — “Untouchability’’ is
abolished and its practice in any form is forbidden.
The enforcement of any disability arising out of
‘untouchability’ shall be an offence punishable in
accordance with law.
18) Abolition of titles — No title, not being a military
or academic distinction, shall be conferred by the
State and no citizen of India shall accept any title
from any foreign State.
No person who is not a citizen of India shall, while
he holds any office of profit or trust under the
State, accept without the consent of the President
any title from any foreign State.
Right to Freedom (Article 19 To 22)
19) Protection of certain rights regarding freedom of
speech, etc.— (1) All citizens shall have the right—
a) to freedom of speech and expression;
b) to assemble peaceably and without arms;
c) to form associations or unions;
d) to move freely throughout the territory of
India;
e) to reside and settle in any part of the territory
of India; and
g) to practice any profession, or to carry on any

occupation, trade or business.
The above mentioned freedoms have been
given to us but can be subjected to restrictions
by the State on the following grounds:
 in the interests of the sovereignty and integrity
of India,
 the security of the State,
 friendly relations with foreign States,
 public order, decency or morality,
 in relation to contempt of court, defamation or
incitement to an offence,
 the professional or technical qualifications
necessary for practicing,
 any profession or carrying on any occupation,
trade or business,
 the carrying on by the State, or by a corporation
owned or controlled by the State, of any trade,
business, industry or service, whether to the
exclusion, complete or partial, of citizens or
otherwise.
20) Protection in respect of conviction for offences
1) No person shall be convicted of any offence
except for violation of a law in force at the time
of the commission of the Act charged as an
offence, nor be subjected to a penalty greater
than that which might have been inflicted
under the law in force at the time of the
commission of the offence.
2) No person shall be prosecuted and punished

for the same offence more than once.
3) No person accused of any offence shall be
compelled to be a witness against himself.
21) Protection of life and personal liberty—No person
shall be deprived of his life or personal liberty
except according to procedure established by law.
22) Protection against arrest and detention in certain
cases
1) No person who is arrested shall be detained in
custody without being informed, nor shall he
be denied the right to consult, and to be
defended by, a legal practitioner of his choice.
2) Every person who is arrested and detained in
custody shall be produced before the nearest
magistrate within a period of twenty-four hours
of such arrest excluding the time necessary
for the journey from the place of arrest to the
court of the magistrate.
Right against Exploitation (Article 23 And 24)
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 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.
Right to Freedom of Religion (Articles 25 To 28)
25) Freedom of conscience and free profession,
practice and propagation of religion—(1) Subject
to public order, morality and health and to the
other provisions of this Part, all persons are equally
entitled to freedom of conscience and the right
freely to profess, practise and propagate religion.
26) Freedom to manage religious affairs—Subject to
public order, morality and health, every religious
denomination or any section thereof shall have the
right—
a) to establish and maintain institutions for
religious and charitable purposes;
b) to manage its own affairs in matters of
religion;
c) to own and acquire movable and immovable
property; and
d) to administer such property in accordance
with law.
27) Freedom as to payment of taxes for promotion of
any particular religion
28) Freedom as to attendance at religious instruction
or religious worship in certain educational
institutions—
1) No religious instruction shall be provided in
any educational institution wholly maintained
out of State funds.
2) Nothing in clause (1) shall apply to an

educational institution which is administered
by the State but has been established under
any endowment or trust which requires that
religious instruction shall be imparted in such
institution.
3) No person attending any educational institution
recognized by the State or receiving aid out of
State funds shall be required to take part in
any religious instruction or to attend any
religious worship that may be conducted in
such institution, unless such person or, if such
person is a minor, his guardian has given his
consent thereto.
Cultural and Educational Rights (Articles of 29 and
30)
Articles of 29 and 30 protect the interests of minorities
and their right to establish and administer educational
institutions. All minorities, whether based on religion
or language, shall have the right to establish and
administer educational institutions of their choice.
(Right to Property)
31) Compulsory acquisition of property. Repealed by
the Constitution (Forty fourth Amendment) Act,
1978 (w.e.f. 20-6-1979) After the 44th Amendment
of the Constitution, right to property has ceased
to be a fundamental right. Under article 300A,
it has become a constitutional right. One other
important aspect is with regard to deprivation or
acquisition of agricultural and homestead land
belonging to weaker sections.
Saving of Certain Laws
31a) Saving of laws providing for acquisition of
estates, etc.
31b) Validation of certain Acts and Regulations

31c) Saving of laws giving effect to certain directive
principles
Right to Constitutional Remedies (Article 32)
32) Remedies for enforcement of rights conferred by
this Part
The Supreme Court shall have power to issue
directions or orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights
conferred by this Part. A more detailed description
of the nature of these writs has been given in the
unit entitled ‘Indian Judicial System.’
Articles 33, 34 and 35 do not confer any rights but
lay down the provisions pertaining to the power of
Parliament
 to modify the rights in their application to forces,
etc.,
 impose restriction on rights conferred by this Part
while martial law is in force in any area, and
 enact legislation to give effect to the provisions of
this Part.
Nature of Fundamental Rights
The Fundamental Rights are the unique feature of our
Constitution and are made justiciable by providing
special remedies for its enforcement.
Most Elaborate
Chapter three of the Indian Constitution contains 24
articles enumerating seven rights to their minutest
detail. They are most elaborate and an entire chapter
has been devoted to them. The voluminous size of the

chapter is due to the enumeration of these rights to
their minutest detail along with an elaborate set of
limitations imposed on them.
Negative and Positive
By negative rights we mean those rights where
restrictions are imposed on the State as in Article 18,
which forbids the State from conferring any tiltle other
than of military and academic distinction on any citizen.
Right to freedom, Right to religion, on the other hand
fall in the category of positive rights, even if they are
hedged with restrictions.
Not Absolute
Unlike the American Bill of Rights, the Indian
Constitution imposes a lot of limitations on these rights.
Not only has the Constitution hedged them but also
allowed the Parliament to impose restrictions, if it
deems fit. Further they can even be abrogated by an
amendment of the Constitution or can be suspended
during emergency.
Special Remedies for their Enforcement
The rights endowed by the Constitution do not merely
exist on paper but have been granted to the people by
making them justiciable. A special right ‘Right to
Constitutional Remedies under Article 32, has been
included to safeguard all other Rights. The Supreme
Court is the savior of our Rights and even the High
Courts according to Article 226 are empowered to issue
writs for the enforcement of these rights within the
limits of their respective jurisdiction.
The Directive Principles of the State

Policy
In the Indian Constitution, Chapter IV entitled “Directive
Principles of State Policy,” sets out certain fundamental
obligations of the State under Articles 36 to 51. At the
very outset Article 37 makes clear that, while these
directives are fundamental in the governance of the
country, the provisions are not judicially enforceable.
While the civil and political rights were incorporated in
the chapter on Fundamental Rights, which could be
enforced judicially, the social, economic cultural rights
were included in the Directive Principles, which are
not judicially enforceable. Though not justiciable, they
embody the ideals of a welfare state and are
instrumental in securing social justice to all. They are
like lamp posts that show light to the State on the path
to progress and prosperity, hand in hand, with justice
and fair play.
Directive Principles of State Policy
Let us now briefly take a look at these Directive
Principles of State Policy.
Article 38 enjoins upon the State to secure a social
order for the promotion of welfare of the people. It asks
the State to do so 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. It directs the State to
particularly strive to minimize the inequalities in
income, and endeavor 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.
Article 39 empowers the State to direct its policy

towards securing all the following:
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) th at ch i l d re n a re g i v e n o p po r tu n i t i e s a n d
facilities to develop in a healthy manner and in
conditions of freedom and dignity and that
ch ildh ood and you th are protected again st
exploitation and against moral and material
abandonment.
Article 39A enjoins upon the State to ensure provision
of free legal aid by suitable legislation or schemes, so
that justice is not denied to any citizen by reason of
economic or other disabilities.
Article 40 empowers the State to organize village
panchayats and endow them with such powers so as to
enable them to function as units of self-government.
Article 41 asks the State to, within the limits of its

economic capacity; make effective provision for securing
the right to work, to education and to public assistance
in cases of unemployment, old age, sickness and
disablement, and in other cases of undeserved want.
Article 42 states that the State shall make provision
for securing just and humane conditions of work and
maternity relief.
Article 43 is for our workers which directs the State to
secure, by suitable legislation or economic organization,
to all workers, agricultural, industrial or otherwise,
work, a living wage, conditions of work ensuring a
decent standard of life and full enjoyment of leisure,
social and cultural opportunities and, in particular,
promote cottage industries on an individual or co-
operative basis in rural areas.
Article 43A asks the State to secure, by suitable
legislation or otherwise, workers’ participation in
management of organizations.
Article 44 tells the State to endeavor to secure for the
citizens a uniform civil code throughout the territory of
India.
Article 45 which provided for free and compulsory
education for children within a period of ten years at
the commencement of this Constitution, until they
complete the age of fourteen years is now by the latest
constitutional amendment, a fundamental right.
Article 46 concentrates on the promotion of educational
and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections and asks the State to
protect them from social injustice and all forms of
exploitation.
Article 47 directs the State to raise the level of nutrition

and the standard of living and to improve public health.
Article 48 asks the State to endeavor to organize
agriculture and animal husbandry on modern and
scientific lines and Article 48A talks of protection and
improvement of environment by safeguarding forests
and wild life of the country.
Article 49 talks of the obligation of the State to protect
monuments and places and objects of national
importance from destruction.
Article 50 talks of separation of judiciary from executive
and Article 51 underlines the need for the promotion of
international peace and security.
Nature and Significance of Directive Principles
Directive Principles are like instruments of instructions
to the State while formulating its policies and to the
executives while executing them. They are
recommendatory in nature. The Supreme Court has, in
a number of judgments, referred to the importance of
the Directive Principles. It has called these principles
as the “conscience” of the Constitution. These principles
are the “goals” to be achieved through Fundamental
Rights of the Constitution. They are intended to ensure
“distributive justice” remove inequalities and disabilities
and to achieve a fair division of wealth amongst the
members of the society. The Supreme Court held that
the courts can look at the Directive Principles for the
purpose of interpretation of the Fundamental Rights.
The courts have to make every attempt to reconcile the
fundamental rights with the Directive Principles,
remembering that the reason why the Directive
Principles were left by the founding fathers as non-
enforceable was to give the Government sufficient
latitude to implement them. The courts should adopt
that interpretation which makes the fundamental rights

meaningful and efficacious.
Though the Directive Principles cannot be legally
enforced, they are nonetheless, fundamental in the
governance of the country. The State is under an
obligation to devise appropriate mechanisms for
realization of these Directive Principles. It should put
in place a complaints procedure in as much as it
ensures proper allocation of resources for the realization
of the right to work, health, food, clothing, housing,
education and culture. The state has been directed to
make laws so that these directives can then be claimed
as legal rights. Our Constitution itself provides for the
creation of structures from the national to the district
level for free legal aid. The concept of legal aid is
enshrined in our Constitution under Article 39. This
Article is a directive to the State to give a level play
field to all the litigants of the case by providing free
legal aid. The judgment of the Supreme Court in a case
{(1980) 1 SCC 99} further gives strength to the right of
the poor to legal aid as a fundamental right. It says
that ‘the right to free legal service to the poor and
needy is an essential ingredient of reasonable, fair
and just procedure for a person accused of an offence
and it must be held implicit in the Fundamental Right
to life and Liberty guaranteed under Article 21 of the
Constitution.’ This judgment puts a seal on the right of
every accused to engage a lawyer and secure legal aid
and legal services. Legislation is to be made with
reference to the Directive Principles and laws contrary
to the spirit of the constitution can be declared void.
Citizens can directly resort to Supreme Court for relief,
if they are deprived of their Fundamental Rights.
Fundamental Rights are prohibitive, whereas the
Directive Principles are positive directions.
Indian Vision of Freedom, Liberty, Justice

and Equality
The Constitution, which made India into a Sovereign
Democratic Republic, gave us a federal system with
Parliamentary form of Government in the Union and
the States. It also gave us an independent judiciary,
guaranteed Fundamental Rights and through Directive
Principles of State Policy made promises, which though
not enforceable in law are nonetheless fundamental to
the governance of the nation. A number of International
Conventions and political documents, such as League
of Nations and then of the United Nations recognize
that every human being was born free. India’s
commitment to ideals of freedom equality, liberty and
justice is incorporated in our Constitution. The preamble
promises this liberty to all citizens which is the bedrock
of all other freedoms and needs to be guarded at all
costs.
The Constituent Assembly that wrote our Constitution
consisted people with vision and constituent. Even in
the early fifties, they specifically spoke of certain
“principles” being “fundamental” in the “governance of
the country” and enjoined upon the State “to apply
these principles in making laws” in Article 37. They
were aware of the fact that political democracy,
unaccompanied by social and economic democracy was
meaningless. The right to vote once in five years is
meaningless, unless, accompanied by social and
economic rights in a democracy. Right to vote for a
hungry and illiterate man without clothing and shelter
is a hollow right. Political equality is not possible,
unless people were made equal on the social and
economic plane as well. True democracy becomes a
reality when there is sharing of power and responsibility
by all sections of the people and not a pursuit of power
by the elite and dominant sections alone. Dr. Ambedkar

had said:
“We do not want merely to lay down a mechanism to
enable people to come and capture power. The
Constitution also wishes to lay down an ideal before
those who would be forming the government. That
ideal is of economic democracy.”
Mahatma Gandhi, a visionary, had rightly observed at
the Second Round Table Conference in London, much
before the UN Declaration of Human Rights, 1948 came
into existence that his aim was to establish a political
society in India in which there would be no distinction
between high class and low class of people, where
women would enjoy the same rights as men and justice
— social, economic and political, would be ensured to
the teeming millions of India. This is the vision, of
which, the Indian Constitution is an embodiment. The
Fundamental Rights and the Directive principle of State
policy, accompanied by many other empowering
provisions of our Constitution are the instruments that
make possible the achievement of this vision that can
transform the lives of teeming millions of our country.
As observed by Granville Austin ‘The Indian Constitution
is first and foremost a social document. The majority of
its provisions are either directly aimed at furthering
the goals of the social revolution or attempt to foster
this revolution by establishing the conditions necessary
for its achievement. Yet despite the permeation of the
entire Constitution by the aim of national renaissance,
the core of the commitment to the social revolution lies
in Parts III and IV, in the Fundamental Rights and in
the Directive Principles of State policy. These are the
conscience of the Constitution.’ The Directive Principles
and Fundamental Rights are not mere rhetoric
conveniently to be used as a tool of electoral
appeasement by our political parties. These initiatives,

if carried out in the spirit as embodied in the ideals of
our Constitution, can effectively lead to empowerment
of the people, men and women.
The Directive Principles are the unique feature of our
Constitution not found in most other Constitutions of
the world except the Irish Constitution which was our
inspiration. Further the rights and assurances given
by our Constitution are concretized into reality through
our five year plans which aim at eradicating poverty,
increasing agricultural and administrative growth,
creating employment opportunities etc. As stated by
Kulkarni, the unique feature of the Indian Constitution
is that it has given a constructive lead to the Government
in shaping its socio-economic policies. The Directive
Principles of the State policy also provide the yard stick
to measure the adequacy or otherwise of the policies
that have evolved since the adoption of the Constitution.
They lend a social dimension to our economic aspirations
when they stipulate that the State would not allow
concentration of wealth and ownership in a few hands.
Article 41 directs the State to make effective provision
for securing the right to work, to education and to
public assistance in cases of unemployment, old age,
sickness and disablement, and in other cases of
undeserved want. This is social security in its widest
sense.
The Constitutional provisions have become formidable
tools to meet the challenges thrown before the nation
at the time of independence. High rates of illiteracy,
low levels of education and incomes, malnourishment
and high rates of morbidity were the defining features
of India at the time of its birth. Adhering to the ideals
laid down in our Constitution, the 60 year old largest
democracy, traversing numerous vicissitudes, has come
a long way, so much so that it is on its way to becoming

a super power. However, there are a few formidable
goals which still are out of our reach, despite
governmental efforts, for instance we still have to
separate religious precepts from civil law. Civil law is a
matter for the people not for religious leaders to decide.
In matters of laws of property and inheritance and
marriage and divorce, although practices may differ,
legal rights that accrue must be the same. For example,
a marriage may be solemnised according to any religious
or social custom but the rights of a woman in the case
of divorce must be the same irrespective of religion.
Progress in these directions has been slow but we
should keep trying. The main key to achieving our
national vision lies in education. Right to education as
a directive principle has not succeeded to bring about
the desired state action. One hopes that we will be
finally able to say goodbye to illiteracy now that free
and compulsory primary education has become a
Fundamental Right.
When India became independent, it rightly decided to
structure the Indian society on the ideals of liberty
equality justice and fair play through the mechanism
of State. This vision as reflected in the Constitution
laid the foundation of a social system based on equal
opportunities and reduction of disparities of income
and wealth. India made a good beginning with the
Directive Principles of State Policy and the Fundamental
Rights. Suitable laws have also been enacted from
time to time for the marginalized population, but not
always fully and fairly implemented. Social change
cannot be brought about by the mechanisms of State
alone but by creating a collective consciousness. A
strong partnership with the voluntary agencies who
can mobilize the deprived can go a long way. It is also
imperative that the deprived and the exploited sections
themselves become aware and demand their rights

under the Constitution Poverty eradication continues
to be a major challenge for social and economic policy.
Today, we need a reversal of those policies and programs
which have not yielded the desired result. Fortunately
for us there is a distinct shift in the judicial attitude,
from narrow interpretation to an expanded view of the
Constitutional provisions. The Apex Court has today
expanded and humanized the concept of the ‘right to
life’ and ‘right to liberty.’ Judicial activism is welcome,
the acrimonious debate on an ‘activist’ judiciary
exceeding its limit, notwithstanding.
Rights of the Disadvantaged and the

Constitution
The Preamble, the Directive principles of state policy
and the Fundamental Rights enshrined in the
Constitution have earmarked a very positive role for
the State towards disadvantaged sections of the society,
such as women, children, scheduled castes and
scheduled tribes, etc. The Constitution of India contains
provisions that seek to ensure the protection of women
and children’s rights among others. Article 15 (3)
specifically empowers the State to make special
provisions in favor of women and children. While some
of these endeavors are embodied in the Fundamental
Rights, others are reflected in the Directive Principles
of State Policy.
Women and the Constitution
The Indian Constitution places men and women on

equal scales vide Article 14 which provides that the
State shall not deny any person equality before the
law. While it does so, it also acknowledges that women
have traditionally been considered inferior to men and
subjected to many disabilities and injustices. To do

away with these injustices and usher equality, the
Constitution directs the State to make special efforts
to enact special laws so as to prevent the exploitation
of women. The right to equality, a fundamental right
which is conferred on both men and women has special
value for women. Further Article 15(1) directs the
State not to discriminate against any citizen on grounds
of sex among others, Articles 16(1) and 16(2) prohibit
discrimination in general and especially on grounds of
sex in offices and employments under the State.
Constitution upholds the dignity of women under article
51A by making it the duty of every citizen of India to
renounce practices derogatory to the dignity of women.
Another Article important from the perspective of women
is 39(a) and (d).While the former asks the State to
direct its policy towards securing the right to an
adequate means of livelihood for both men and
women,the latter ensures equal pay for equal work to
both. Article 39 (c) further requires the state to secure
the strength, health of workers, men and women.
Article 42 enjoins upon the State to make provisions for
securing just and humane conditions of work and for
maternity relief.
Undoubtedly, our Constitution contemplates attainment

of a new social order. With respect to the status and
privileges conferred on women, there is a discrepancy
in the theoretical postulates and the ground reality.
Lip service is being paid to the doctrine of gender
equality. The fact remains that generally women are
still regarded as inferior both at home and workplace
Though there is an improvement, we are dissatisfied
with the degree of the improvement and still have a
long way to go.
Child Rights and the Constitution

If the rights of children are to be respected, a concerted
effort must be made to ensure that those in power do
not look upon children as a section of the population
that may be taken for granted. According to the
Constitution, the State is entrusted with the
responsibility for framing laws and policies for “protecting
children and youth against exploitation and moral and
material abandonment. “Under the Constitution, it is
the duty of the state to ensure that children of tender
age are not abused and forced by economic necessity to
enter vocations unsuited to their age and strength
[Article 39 (e)] and to ensure that children are given
opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity [Article
39 (f)]. As one step towards this aim, the Juvenile
Justice (Care and Protection of Children) Act, 2000,
has been enacted “to provide for the care, protection,
treatment, development and rehabilitation of neglected
or delinquent juveniles and for the adjudication of
certain matters relating to, and disposition of,
delinquent juveniles.
One of the areas of concern in Indian law today is in
the one relating to family relations which are still
governed by a bewildering variety of customary, religion-
based personal laws applicable to persons depending
on their birth into one or other religion. There are also
gaps in laws relating to health, education, housing and
employment where compromises have been made which
sometimes do not always maintain the highest
principles of the dignity of childhood, human rights and
the principles of the Constitution. On child prostitution,
on the status of disabled children and on the neglect of
the street children there are serious inadequacies and
shortcomings in the law when compared to the ideals
of the Constitution. Child labour is still rampant in the

country despite Constitutional directive to the contrary.
The union Parliament and the State Assemblies have
been playing an effective role in bringing forward
appropriate legislation to support the status and welfare
of children. A long list of beneficial laws has been put
in the Statute Book translating Constitutional Directives
into legislative policies. However, gaps and distortions
in legislations governing child rights should be renewed
on a regular basis and appropriate remedial measures
be taken. The civil and political rights of children, such
as the right against abuse and exploitation, must be
connected with their economic, social and cultural
rights, such as education and work. The ‘disconnect’
exists because children are not recognized as full
citizens due to their inability to consent, which reduces
them to non-citizens.
Constitution and the Rights of the Scheduled caste
and Scheduled tribes
Even though the Indian Constitution abolished the
practice of caste discrimination and untouchability,
but still the Hindu caste ridden society practices and
‘dalits’ have been victims of oppression and exploitation
at the hands of the dominant sections. This has resulted
in inequality subjecting a vast mass of people to various
socio- economic and political disabilities. Fired by the
principle of equality and justice the Constitution
specifically provides for protective discrimination in
favour of certain groups, prominent among them being
the scheduled caste and scheduled tribes. Articles 14,
15,16,17,18 and 23 of the Constitution fulfill the
assurance embodied in the preamble. It was largely
Dr. Ambedkar’s unrelenting efforts that the framers of
the Constitution agreed to make provisions for these
groups. Clause (4) was subsequently added to Article
15 which enabled the State to make any ‘special provision

for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes
and the Scheduled Tribes.’
The Constitution permits protective discrimination for
scheduled castes and scheduled tribes and OBC’s in
three specific areas, namely, reservation of seats in
the legislature, reservation of jobs and reservation of
seats in the educational institutions. Constitutional
provisions and special measures for the protection and
promotion of the educational and economic interests of
these groups have greatly impacted, directed and
shaped the path of our policies and programs under
the five year plans. There are also large numbers of
developmental programs specifically meant for their
upliftment. Though the urban centres reveal a change
in attitude, the deep prejudice against them is still
prevalent in the rural areas. The primary goal of all
efforts to help them should be to empower them in all
respects and create mechanisms which can help them
to defend and protect themselves at all levels. One
such mechanism is law. We have a law which is
specifically focused on the problem of untouchability
and is a literal translation of a constitutional provision
into a legislative one, namely the protection of Civil
Rights Act, 1955. Further, in order to control the
crimes against SC/ST by persons belonging to
other Communities, the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
has been brought into force from 30 January 1990.
These enactments prescribe penalties that are more
stringent than the corresponding offences under Indian
Penal Code (IPC) and other laws. In addition, in
pursuance of the Constitution’s 65th Amendment Act,
1990, National Commission for scheduled caste and
scheduled tribe was constituted w.e.f. 12 March 1992
with wide functions and powers of Civil Court to take

up matters which are of vital importance for their
socio-economic development.
Conclusion
The chapter aims at developing an understanding in
the learner about our Constitution. The concept of
Constitution till the 19 th Century was that of an
instrument of governance but in the 20th and the 21st
century, it has come to be accepted as an instrument
of socio-economic transformation. When India became
independent from British rule, it got a golden opportunity
to consciously restructure itself as an egalitarian society
based on the ideals of liberty, equality and justice,
which was promised to all irrespective of religion, class,
caste or sex. The Indian Constitution is a bulky one
comprising 395 articles grouped in 22 parts and 9
Schedules. It is bulky as it not only contains the broad
principles but also details of administration.
The Preamble, though not an integral part of the
Constitution and without any legal force is nevertheless
very significant, as it indicates the sanction, the
pattern, the objects and the content of the Constitution.
A look at the preamble reveals the pointed goals of
social, economic and political justice, liberty, equality
and fraternity. It contains lofty social ideals which the
framers of the Constitution have set before all the
future governments of India. It declares India to be
sovereign democratic republic and contains the pledge
of the people of India to themselves.
Fundamental Rights and the Directive Principles of
State policy are the two principal components of the
Indian Constitution, whereby these social ideals laid
down in the preamble are further strengthened. The
fundamental rights, which are a corollary of our
preamble are its core and distinguishing feature and

form the strong roots of our democracy. These rights
are fundamental because they are essential to
democratic governance and cannot be infringed. They
are a constant reminder to the government about the
assured liberties to the people, which they need to
respect and uphold at all times
The Fundamental Rights guarantee seven important
rights and the Directive Principles of the State Policy
craftily articulate the Indian vision of social ideals. The
elaborate enumeration of the Fundamental Rights as
embodied in Chapter III in Articles 12-35 of the
Constitution comprise the all important Rights to
equality and freedom, right against exploitation, right
to freedom of religion, Cultural and Educational Rights
among others. Chapter IV entitled “Directive Principles
of State Policy,” sets out certain fundamental obligations
of the State under Articles 36 to 51. At the very outset
Article 37 makes clear these directives are fundamental
in the governance of the country, the provisions are not
judicially enforceable. The Directive Principles are the
unique feature of our Constitution not found in most
other Constitutions of the world. Though not justiciable,
they embody the ideals of a welfare state and are
instrumental in achieving social justice. The rights
and assurances given by our Constitution are
concretized into reality through our five year plans
which aim at eradicating poverty, increasing
agricultural and administrative growth, creating
employment opportunities etc. The Directive Principles
and Fundamental Rights are not mere rhetoric
conveniently to be used as a tool of electoral
appeasement by our political parties, albeit initiatives
which, if carried out in the spirit as embodied in the
ideals of our Constitution, can effectively lead to
empowerment of the people, men and women.
References
Justice Iyer, Krishna, V.R. (1984) Indian Justice:
Perspective and Problems, Vedpal Law House, Indore.
Gangrade, K.D. (1978) Social Legislation in India, Concept
Publishing Company, New Delhi.
Planning Commission (1956) Social Legislation: It’s Role
in Social Welfare, Government of India, Delhi.
Social Work and Human Rights 305
12
Social Work and Human Rights

* Mohd Shahid
Introduction
The contemporary globalized society with multitude of
changes is posing challenges before human beings.
For some of them, these are challenges of survival
while to others it’s a question of supremacy and
hegemony. These changes require social work educators
and practitioners to rethink their approach to social
work to develop theories and forms of practice that can
use the profession’s existing strengths, particularly its
capacity for critical reflexive practice, to move in
directions that are consistent with a value base rooted
in promoting human rights and social justice through
practice (Dominelli, 2004).
Taking into cognizance the rapidly changing global
society on the eve of new millennium, and social work
values recognising individual worth and dignity and
appreciating diversity, the professional social work
associations pondered over the role and place of social
work in professional and finally came up with a
document— Ethics in Social Work, Statement of Principles1.
This document has not only emphasized the seminal
importance of human rights in social work practice but
also provided an international definition of social work
which was much needed to ensure that micro/local
level practice is inclusive of diversity within what has
become a globally recognised profession. The section 2
of the document provides definition of social work which
is reiterated below:
* Mohd Shahid, Dr. B.R. Ambedkar College, Delhi University, Delhi
The social work profession promotes social change,

problem solving in human relationships and the
empowerment and liberation of people to enhance
well-being. Utilising theories of human behaviour
and social systems, social work intervenes at the
points where people interact with their environments.
Principles of human rights and social justice are
fundamental to social work (International Federation
of Social Workers & International Association of
Schools of Social Work, 2004).
Thus social workers have not only been charged with
the duty of upholding human rights but are also guided
by principles of human rights and social justice.
However, in promoting human rights, social workers
tread a tightrope over a chasm that requires
considerable knowledge and skills to cross safely. It is
here that it becomes essential for the students of
social work to develop clarity on concept of human
rights, evolution and main currents in human rights,
linkages with social work profession, and issues and
challenges that social workers face and confront in
upholding and practicing human rights.
Human Rights: Definition and Key

Concepts
Human rights are natural rights of human beings. The
Vienna Declaration (1993) states that all human rights
begin with human dignity; and the humans are central
subject of human rights and basic freedoms. In other
words, humans themselves are the objects of human
rights and are at the core of this basic freedom. To
develop a human rights basis for social work requires
that the concept of human rights and the problems and
criticisms associated with it be carefully examined.
Defining Human Rights

Human rights per se refer to rights of individuals which
are deemed necessary by virtue of their being the
members of human community. It is in bracketing
these rights for effective practice that human rights
took the form of a bunch of rights that spread to all-
political, economic and social areas. In 1987 United
Nations defined human rights as those rights which
are inherent in our nature and without which we
cannot live as human beings. Human rights and
fundamental freedoms allow us to fully develop and
use our human qualities, our intelligence, our talents
and our conscience and to satisfy our spiritual and
other needs.
Human rights have priority over other claims of rights
and need to be differentiated from other rights. For
example the right to food needs to be differentiated
from the right to bear arms. Questions can be raised
as to which and what kinds of rights are or claimed to
be human rights. Recently, Jim Ife (2001) has proposed
five-fold criteria to define what constitute a human
right or to make a claim on the basis of human rights:
 Realisation of the claimed right is necessary for a
person or group to be able to achieve their full
humanity, in common with others.
 The claimed right is seen either as applying to all
of humanity, and is something that the person or
group claiming the right wishes to apply to all
people anywhere, or as applying to people from
specific disadvantaged or marginalised groups for
whom realisation of that right is essential to their
achieving their full human potential.
 There is substantial universal consensus on the
legitimacy of the claimed right; it cannot be called
a ‘human right’ unless there is widespread support

for it across cultural and other divides.
 It is possible for the claimed right to be effectively
realised for all legitimate claimants. This excludes
rights to things that are in limited supply, for
example the right to housing with a panoramic
view, the right to own a TV channel, or the right
to ‘own’ large tracts of land.
 The claimed right does not contradict other human
rights. This would disallow as human rights the
‘right’ to bear arms, the ‘right’ to hold other people
in slavery, a man ‘right’ to beat his wife and
children, the ‘right’ to excessive profits resulting
in poverty for other, and so on.
Thus the class of human rights does not include all
the rights that people might claim, and that a claim to
human rights has to pass certain stringent tests as
narrated above.
When beginning to study human rights, a social worker
needs to understand the basic concepts relating to
those rights. Human rights are commonly referred as:
universal, indivisible, inalienable, inabrogable and
intergenerational. The concept of universality underpins
human rights and implies that human rights apply to
all human beings and every individual has a claim to
enjoyment of human rights, irrespective of his other
attributes. The concept of indivisibility means that
human rights come as a package. It refers to necessity
that governments and individuals recognize each human
right and not to selectively promote some rights over
others. One can not pick and choose, accepting some
and rejecting others as the denial of one human right
can easily impact the enjoyment of other rights and
directly or indirectly deny other human rights.
Inalienable nature of human rights provide that they

can not be taken away from some one and remain all
through human life span. Human rights are also
inabrogable which means that one cannot voluntarily
give up one’s human rights or trade them for additional
privileges. Human rights are not to be idly dispensed
with. We may choose not to exercise all our rights all
the time, but we still have those rights. The concept of
intergenerational rights reflects the most recent and
important changes that have taken place in human
rights discourse in extending our understanding of
human rights obligations beyond present. This temporal
extension of human rights is a relatively new
understanding of human rights and their corresponding
obligations because we used to think spatially about
human rights — the obligations of communities or
nations to each other — but not temporally, where
there are human rights obligations that extend back
into the past and forward into the future, but which
affect our present behaviour. It forces us to think
historically, to locate our actions in their historical
context, and to understand that the definition and
realisation of human rights are not static but have an
important historical dimension (Ife, 2001).
Nevertheless these concepts should not be subjected
to extreme interpretations. For example universality
does not mean that everyone is alike or should be
developed in same manner or there is need to create
uniformity between different cultures. It only aims to
ensure that individuals and peoples everywhere have
basic rights in their existence. Likewise the laws
restricting the freedom of prisoners for association and
travelling is not the violation of inalienable nature of
human rights nor is vice-versa means upholding of the
same. However the inalienable human rights do
recognise the freedom of life and liberty to prisoners.
Similarly, notion of intergenerational rights as human

rights can affect social workers not only working in
community development or with environmental issues
but also those who work to break ongoing cycles of
structural disadvantages, deprivation and violence.
Social Work and Human Rights:

Basic linkages
Social workers have focussed on valuing social justice
and social change in micro-level relationships and
attempted to work with clients in ways that are
ameliorative and respectful of their diversity and
differences. These concerns have provided the backdrop
for the development of a human rights-based social
work. National Association of Social Workers (2000) in
its policy statement International Policy on Human Rights
endorses the Universal Declaration, conventions and
treatises that according to National Association of Social
Workers, provide a human rights template for social
work.
Human rights framework provides a prism through
which to view social work profession’s values, ethics
and principles which are necessarily expected from
social workers in their practical settings. As is said
when social workers fail to operationalize these
principles, they victimize clients and disempower them.
Conversely, upholding these practice principles
facilitates empowerment. The section 4 of International
Federation of Social Workers and International
Association of Schools of Social Work document provides
two principles fundamental to social work viz., Human
Rights and Dignity (section 4.1), and Social Justice
(section 4.2). Both the principles are reproduced below.
These illustrate how social work professionals are
mandated to uphold and promote human rights
perspective:
Human Rights and Human Dignity

Social work is based on respect for the inherent worth
and dignity of all people, and the rights that follow
from this. Social workers should uphold and defend
each person’s physical, psychological, emotional and
spiritual integrity and well-being. This means:
1) Respecting the rights to self determination : Social
workers should respect and promote people’s right
to make their own choices and decisions,
irrespective of their values and life choices, provided
this does not threaten the rights and legitimate
interests of others.
2) Promoting the right to participation : Social worker
should promote the full involvement and
participation of people using their services in ways
that enable them to be empowered in all aspects of
decisions and actions affecting their lives.
3) Treating each person as a whole : Social workers
should be concerned with the whole person, within
the family, community and societal and natural
environments, and should seek to recognise all
aspects of a person’s life.
4) Identifying and developing strengths : Social
workers should focus on the strengths of all
individuals, groups and communities and thus
promote their empowerment.
Social Justice
Social workers have a responsibility to promote social
justice, in relation to society generally, and in relation
to the people with whom they work. This means:
1) Challenging negative discrimination : Social
workers have a responsibility to challenge negative
discrimination on the basis of characteristics such

as ability, age, culture, gender or sex, marital
status, socio-economic status, political opinions,
skin colour, racial or other physical characteristics,
sexual orientation, or spiritual beliefs.
2) Recognising diversity : Social worker should
recognise and respect the ethnic and cultural
diversity of societies in which they practice, taking
account of individual, family, group and community
differences.
3) Distributing resources equitably : Social workers
should ensure that resources at their disposal are
distributed fairly, according to need.
4) Challenging unjust policies and practices : Social
workers have a duty to bring to the attention of
their employers, policy makers, politicians and the
general public situations where resources are
inadequate or where distribution of resources,
policies and practices are oppressive, unfair or
harmful.
5) Working in solidarity : Social workers have an
obligation to challenge social conditions that
contribute to social exclusion, stigmatisation or
subjugation, and to work towards an inclusive
society. (IFSW & IASSW, 2004)
Further the IFSW-AISSW document also enumerates
the international conventions for the ready reference
of professionals. The section 3 (International
Conventions) provides that international human rights
declarations and conventions form common standards
of achievement, and recognise rights that are accepted
by the global community. Documents particularly
relevant to social work practice and action are:
 Universal Declaration of Human Rights

 The International Covenant on Civil and Political
Rights
 The International Covenant on Economic, Social

and Cultural Rights
 The Convention on the Elimination of All Forms of

Discrimination against Women
 The Convention on the Rights of the Child
 Indigenous and Tribal Peoples Convention (ILO

convention 169)
A human rights perspective can thus strengthen social

work and provide a strong basis for an assertive practice
that seek to realise the social justice goals of social
workers in any setting. Adopting a humanitarian
approach rooted in the realisation of human rights and
citizenship, social workers could work in ways that
acknowledge the interdependence existing between
different groups of people in society and facilitate the
implementation of reciprocity in their interactions with
them. They also have to recognize differentiation within
and between groups alongside the significance of various
cleavages in an individual’s identity. Reichert (2003)
rightly summed that certainly a social work practice
based on human rights is no panacea for discrimination,
inequality, poverty, and other social problems. Yet
knowledge of human rights can help the social work
profession better understand its role as a helping
profession. By integrating human rights into the
profession, social workers will obtain unique insight
into issues central to the profession.
Three Generations of Human Rights:

Positioning Social Work
The red letter day in the history of human rights was
December 10, 1948 when United Nations General
Assembly proclaimed Universal Declaration of Human
Rights (UDHR). The preamble to the Charter declares
that one of the chief aims of the organisation is ‘to
reaffirm faith in fundamental human rights, in the
dignity and worth of the human person, in the equal
rights of men and women and of nations large and
small.’ Article 1 states that one of the principal purposes
of the United Nations is to achieve international co-
operation in promoting and encouraging respect for
human rights and fundamental freedoms for all. Article
55 provides that the United Nations shall promote
universal respect for, and observance of human rights
and fundamental freedoms for all without distinction
as to race, sex, language or religion. Article 56 enjoins
that all members of the United Nations pledge
themselves to take joint and separate action in co-
operation with the United Nations for the achievement
of the purposes set forth in Article 55.
This listing of general principles and broad obligations
provided grounds to modern democracies to evolve,
construct, formalise and uphold human rights agenda.
Human rights have evolved over a period of time and
are broadly placed in three grouping or what is
commonly referred as three generations of human
rights. It is argued that human rights are developed in
three waves and in each wave main currents were
influenced with specific philosophy, disciplines and
professions and hence the focus on specific kinds of
rights. The first generation human rights are referred
as civil and political rights, and are individually based
and concern the fundamental freedoms. Basing on
liberal political philosophy there is strong assertion on

protecting natural rights like individuals inherent worth,
dignity and freedoms- right to speech, assembly,
movement, fair trail and equality before law etc. These
rights are also referred as negative rights which need to
be protected rather than realised, and the state is
required to ensure that they not threatened or violated.
The second generation of human rights is the
constellation of rights known as economic, social and
cultural rights. Influenced by the socialism ideology
these are rights of individual and group to receive
various forms of social provision or service in order to
realise their full potential as human beings. Unlike
first generation rights, these rights require more active
and positive role of the state in realisation of these
rights through various forms of social provision and
hence second generation rights are referred as positive
rights. The third generation of human rights involve
rights which only make sense if defined at a collective
level and hence referred as collective rights. These are
rights that belong to a community, population, society
or nation. Resting on traditions that started with
struggle against colonialism to unsustainable economic
and social development, this category of rights include
the right to economic development, the right to live in
cohesive and harmonious society, as well as those on
safe environment and ecology.
Further each of these generations of human rights
was influenced in varying degrees from disciplines/
professions like law, social work and community
development. However, that does not mean impervious
boundaries; it is only the nature of rights that
determines quantum of dominance of one discipline or
the other. Jim Ife (2001) a noted social work professional
and acclaimed human rights activist has brilliantly
consolidated the discussion on generations of human
rights as well as the position of social work in each

period of human rights evolution. The approach taken
in discussing human rights and social work is
summarised in the following table.
The Three Generations of Human Rights
First generation Second generation Third
generation
Name Civil and political Economic, social Collective rights

rights and cultural rights
Origin Liberalism Socialism; social Economic;

democracy development
studies; green
ideology
Examples Right to vote, free Rights to Rights to economic

speech, fair trial; education, housing, development and
freedom from health, employment, prosperity; benefits
torture, abuse; adequate income, from economic
protection of law; social security, etc. growth; social
freedom from harmony; healthy
discrimination environment, clean
air, etc
Agency Legal clinic; Amnesty Welfare state; third Economic
International; Human sector; private development
Rights Watch; market welfare agencies;
refugee work community
projects;
Greenpeace etc.
Dominant Law Social Work Community

profession Development
Social Advocacy; Direct service; Community work

work; refugee management of the development:
asylum seekers; welfare state; social, economic,
prison reform, etc. policy political, cultural,
development and environmental,
advocacy; research personal/spiritual
Source: Jim Ife, 2001: 42

Ife has commented at length (as table shows) on the

positions social workers have taken across each
generation of human rights. For example he argued
that first generation human rights are an important
area of social work practice, especially in relation to
advocacy models. Civil and political rights, although
they may be the least contested in public discourse,
remain flagrantly violated in many parts of the world.
A number of social workers play an important role in
working for the protection of civil and political rights,
through work with advocacy groups, refuges, prison
reform, attempting to secure adequate legal
representation for people, work on behalf of the relatives
of the ‘disappeared’, work in community legal centres,
and so on. As a direct result of the work they do, social
workers themselves can sometimes be the victims of
the first generation human rights abuse. Consideration
of the second generation of economic, social and
cultural rights moves a human rights discourse to the
core of the mainstream social work. Social workers in
the public welfare system are concerned with poverty.
The right to adequate income and standard of living,
and the right to income security are central to the
work of such social workers. The conventional approach
to social work suggests that these second generation
rights can best be met by the provision of social services
to provide the guaranteed basic minimum standards of
health, housing, education and so on. Social workers
working in organisational practice, for example in
management roles and in organisational development,
can also be seen as playing a role in securing second
generation human rights. Such rights are commonly
met through the working of social agencies, whether
within welfare state, in the so-called ‘third sector’ (the
community sector, or non-profit, non-governmental
sector) or in the private sector. It is argued that the
western undervaluing of third generation rights is
paralleled in western social work, which is more

casework centric, marginalising other methods like
community work, community organisation or community
development. However, in promotion of third generation
rights the social work method of community work/
community development becomes critically important.
Further these interventions are particularly relevant
for the development of third world Asian, African and
Latin American counties, and promoting of third
generation rights thereon.
Limitations and Alternate Paradigms of

Human Rights
Human rights discourse has serious limitation because
of too much focus on the first generation of civil and
political rights. In any discussion on human rights it is
the human rights record of a country that comes first
rather than the countries overall socio-economic
development signalling the performance of all the three
generations human rights. It is rightly noted that first
generation rights are necessary prerequisite for a just
society, but they themselves do not produce social
equality or social justice. If such goals are to be
achieved, at least second generation rights also need
to be taken into account, and strong case can be made
for the inclusion of third generation rights as well, as
preconditions for social justice (Ife, 2001). Reichert
(2003) rightly noted reference to three generations or
sets of human rights inhabit understanding of those
rights as well as the concept of indivisibility.
Unfortunately, the notion of different sets of human
rights continues to exist. A better approach is to avoid
reference to different sets and acknowledge that all
human rights are equally important. Further the
concept of human rights has also been questioned for
being overly dominated by western ideas and rooted in
individualistic ways of seeing the world which do not

meet the needs of more collectivist cultures elsewhere
(Dominelli, 2004).
In order to overcome the limitations there is a need
to visualise human rights beyond the narrow
understanding and interpretations. As is rightly noted,
human rights discourse should move: beyond the
legal, beyond the western and beyond the patriarchal
constructions. Ife (2001) even went to the extent of
proposing reconstruction of human rights towards the
post-modern context. Interestingly and encouragingly
even with these alternate paradigms of
human rights social work has synergetic perspectives.
Dominelli (2004) has noted that social work, with its
traditional commitment to the individual within his or
her social context, is well placed to balance
postmodernist concerns which celebrate individual
identity and empowerment with modernist rooted in
the idea of universal rights that support the realisation
of social justice and personal development.
Matrix of Social Work and Human

Rights in India
The discussion on human rights seems incomplete
without reviewing the position of human rights in
world largest democracy i.e. India. The Constitution
of India of India amply provides scope for protecting
and promoting human rights and fundamental freedoms
of citizens. A plethora of positive and negative
constitutional injections bind the state to be responsive
to issues of human rights. A bird eye view of available
institutional mechanism for upholding human rights
will help social work professionals to understand
human rights situation in the country and the legal
framework that can be invoked in case of human
rights violation.
The Preamble Indian Constitution reflects the solemn

resolve of the people of India to secure to all its citizens:
justice, social economic and political; liberty of thought,
expression, belief, faith and worship; equality of status
and of opportunities; and to promote among them all
fraternity assuring the dignity of the individual. The
part III and part IV of constitution clearly and
categorically provide for the rights of the citizens and
the duties of state in ensuring fundamental freedoms
and dignified living. The part III contains Fundamental
Rights of the citizens which are justifiable and parallel
the rights enumerated in the UN Covenant on Civil
and Political Rights. Like first generation human rights
fundamental rights are also called negative injections
that outline basic minimum rights that can not be
denied to people of India and can be directly claimed in
the apex courts in case of violation. Unlike part III, the
part IV deals with Directive Principles of State Policies
which are not justifiable but are very much like UN
Covenant on Economic, Social and Cultural Rights.
However, it is prescribed that the principles therein
(Part IV) laid down are nevertheless fundamental in
the governance of the country and it is the duty of
state to apply these principles in making laws. Many a
times in enjoying our rights we transgress the freedoms
of others and do not feel responsive to the collective
rights (like safe environment, development etc.). The
Constitution (Forty-Second Amendment) Act, 1976
prescribes the Fundamental Duties of all every citizen
of India (Article 51A). These can be instrumental in
facilitating people to inculcate respect for the rights of
all members of the human family.
Further Government of India is signatory to

International Human Rights documents and the
legislature of the state has formulated policies and
enacted a number of legislations, including The
Protection of Human Rights Act, 1993 to this effect.

These legislations particularly social legislations provide
powers to the citizens, punishment to offenders and
legal mechanism to executive to enforce the violation
of rights to survival, sound living and right against
exploitation in any form. Most recent and important in
the list of legislations that can be used in protecting
human rights is The Right to Information Act, 2005.
The human rights activists and social workers as well,
can make liberal use of RTI Act in taking stock of
situations and efforts made by government machinery
in the enforcement of laws to control and overcome
human rights abuse and violation. Furthermore the
independent judiciary and judicial activism has come
a long way in the protection and promotion of human
rights. For example Article 32 gives power to any citizen
to move the Supreme Court or High Courts whenever
there in an infringement of fundamental rights. The
Supreme Court has broadened the scope of Article 32
with the liberal extension of the notion of locus standi
— which signify the legal right of a person to file a suit
or conduct a litigation in a court of law. In one of its
judgements Supreme Court ruled that any member of
the public having “sufficient interest” can approach
the court for enforcing constitutional or legal rights of
other persons and redressal of a common grievance.
This has paved the way for the wide use of PIL (Public
Interest Litigation) by human rights stakeholders which
also include social work professionals. Further in case
of violation of social legislations it is ruled that that
social legislations are passed to ensure availability of
fundamental rights to even those citizens who otherwise
can not have access to these rights and hence permitted
invoking Article 32 in case of violation social legislations
and moving directly to higher courts.
It is this constitutional and legal mechanism that

social workers should comprehend and apply in their
professional commitments and practices and thus
contribute in the protection and promotion of human
rights in India.
Conclusion
The proposition that all individuals who inhabit planet
Earth share inherent privileges and rights has great
attraction. Human rights cover domestic, as well as
international circumstances. A human rights
perspective upholds both individual rights and collective
rights and are universal and inalienable and have
spatial (e.g. across communities or nations) and
temporal (intergeneration rights) dimensions as well.
Human rights staring formally with Universal
Declaration of Human Rights are not static but have
evolved over the period of time in waves with varying
currents or what is called as the three generation of
human rights. The nature of each generations of rights
reflects the influence of specific philosophy or ideology
and hence the dominance and scope of particular for
disciplines/professions.
The United Nations Declarations, Covenants and

Conventions provide the basic framework and guidelines
to the state governments who are signatory to these
documents or have ratified these. The state
governments in further pursuance of these documents
have uphold and enforced these and also formulated
their own policies and designed related legal
mechanism to ensure effective implementation of
human rights. Social work professionals who uphold
humanitarian values and are guided by principles of
human rights and justice need to understand the
legal, spatial and temporal matrix of human rights as

enshrined in international documents and committed
by state governments, for smooth practice and
promotion of human rights. They should also note that
taking action to support human rights many a times
means negotiating risks, either with respect to client
system or in relation to themselves, and the outcome
of these negotiations can not be guaranteed. However,
they are only to be cautious of rather than being
bamboozled with risk factor. Nevertheless, the social
work professionals should also be proud of the fact that
a human rights orientation is reflection of social workers
commitment to empowerment perspective.
References
Bakshi, P. M. (2002). The Constitution of India (First
published in 1991, 5 ed.). Delhi: Universal Law
Publishing Co. Pvt. Ltd.
Baxi, U. (2002). The Future of Human Rights. New Delhi:
Oxford University Press.
Dominelli, L. (2004). Social Work: Theory and Practice
for a Changing Profession. Cambridge & Malden: Polity
Press (Indian Reprint, 2005).
Freeman, M. (2002). Human Rights: An Interdisciplinary
Approach. Cambridge: Polity Press (Indian Reprint,
2003).
Ife, J. (2001). Human Rights and Social Work: Towards
Rights-based Practice. Cambridge: Cambridge University
Press.
International Federation of Social Workers; &
International Association of Schools of Social Work.
(2004). Ethics in Social Work, Statement of Principles. Bern:

IFSW & IASSW.
Kohli, A. S. (Ed.). (2004). Human Rights and Social Work:
Issues, Challenges and Response. New Dehi: Kanishka
Publishers.
Reichert, E. (2003). Social Work and Human Rights — A
Foundation for Policy and Practice. Jaipur & New Delhi:
Rawat Publications.
Welfare Economics and Development 325
13
Welfare Economics and

Development
* Chinmoy Biswal , Gurupada Saren
Introduction
In earlier chapter you have read about the goal of
directive principles of state policy to establish a Welfare
State in India. This essentially means that the State
has the primary responsibility of welfare of its citizens.
Welfare is understood synonymously as ‘well being’
which may be understood differently in different
contexts. The idea is that the goal of social betterment
should be to maximize the welfare of the population. As
you read in earlier blocks, more wealth is no guarantee
of higher welfare if measured in terms of human
development. In this Chapter, we will discuss the
importance of health, education and women’s
empowerment in the overall well being of a society.
Some of these ideas have already been discussed in
the units on human development. But here you will
get to know how a branch of Economics discipline
measures welfare.
Welfare Economics
Welfare economics is a branch of economics which
deals with the measurement of welfare and the
distribution of resources in an economic system. It
uses microeconomic techniques to simultaneously
determine the allocation of efficiency within an
* Mr. Chinmoy Biswal, JNU, New Delhi and
Mr. Gurupada Saren, IGNOU, New Delhi
economy and the income distribution associated with

it. It analyzes social welfare in terms of economic
activities of the individuals that comprise the society.
Individuals are the basic units of a group, a community
or a society. Thus social welfare is considered to be
the aggregate of individual welfare.
There are two categories of economic analysis: positive
and normative. Positive analysis means what is or is to
expect, while normative means what ought to be or
what is desirable. Welfare economics falls in the latter
category and investigates the methods or technique
for measuring the desirability of outcomes and obtaining
a social order. It is an applied science which gathers
together the pertinent theoretical relationships from
positive or ‘‘pure” economics in terms of a single end:
the economic welfare of a community (Rottenberg,
1961). It serves as a guide for public policy.
The structure of welfare economics can be described
as follows. The welfare end (goal) its denoted by E. The
present state of the economy is S. There are a set of
public policies P. Any change in P will lead to a new
state of S. Each policy will be considered as a means to
reach the end E. The job of welfare economics is to
compare the various states reached in terms of the
degrees to which they fulfill the welfare goal E.
There are two sides to welfare economics: economic
efficiency and income distribution. Efficiency is largely
“positive” and deals with how to grow the resources, or
the “size of the pie”. Income distribution is much more
“normative” and deals with how to distribute the
resources, or “dividing up the pie”. Since Economics is
considered the science of individuals aiming to
maximize their utility or welfare, “welfare economics”
has always been concerned with the problem: When
can economics say that a society is better off as a
result of a certain change? Or alternatively, when can

we say that social utility has been increased or
maximized (Rothbard, 1956). This question has been
answered differently by two approaches to welfare
economics, namely the early neoclassical approach
(Traditional welfare economics) and the New welfare
economics approach.
Traditional welfare economics
The old approach was grounded in Benthamite ethics
of utilitarianism (Bentham and J.S. Mill were famous
English philosophers). Any action is to be judged in
terms of its contribution to overall ‘utility’, which means
satisfaction, happiness or pleasure derived. The best
criterion for any policy would be to provide the “greatest
happiness for the greatest number of people”. The
social optimum or maximum social welfare was thus
defined as the allocation of resources whereby the
sum of individual utilities is the highest.
You may have heard about the famous ‘law of
diminishing marginal utility’. It states that marginal
utility (i.e. utility derived from the last unit of the
commodity consumed) diminishes as one consumes
more and more units until it becomes zero and beyond
it negative. If you start eating pastries at a friend’s
birthday party, for instance, the first pastry tastes very
good — giving you the maximum satisfaction. The
second pastry may give you more satisfaction if you are
very eager, or slightly less. The third pastry will give
you still less satisfaction. This satisfaction (utility) will
decrease to a point until you do not want to have any
more. If beyond that you continue having, you will be
left with a bitter feeling (negative utility). The
neoclassical welfare economists applied this concept
to measuring social welfare too. A man’s marginal
utility of money diminishes as his money income
increases. Therefore, the marginal utility of a rupee is

less to a rich man than what it is to a poor man. So,
social utility is maximized when some part of the rich
man’s money is taken out and given to the poor. This
approach advocates a progressive income tax which
takes from the rich and gives to the poor, thus
maximizing social welfare. This called for an egalitarian
distribution of incomes and put the question of equity
central in the discussion. A.C. Pigou was the chief
exponent of this old welfare economics.
However, the main problem with utilitarian approach

was its assumptions that utilities can be objectively
measured and also compared across people. Vilfredo
Pareto opposed this notion, arguing that utility is merely
an ordinary representation of personal preferences
between different consumption bundles. These
“number of utilities” can neither be added nor compared
across people. He then came up with a technique to
measure the optimum social welfare, which is now
known as Pareto optimality.
Pareto Optimality
The Pareto criterion is a technique for comparing or

ranking alternative states of an economy in terms of
their efficiency. Suppose there can be two arrangements
(states) of an economy A and B. In the first state A, it
is possible to make one person better off without making
another person worse off. In the second state B, it is
not possible to make someone better off without making
someone else worse off. This implies that the resource
allocation (distribution) in state B is optimal whereas
there is scope for reallocation of resources in state A.
So, state B is in a Pareto optimal condition and more
efficient than state A. In the Pareto criterion, welfare
is said to increase (or decrease) if at least one person
is made better off (or worse off) with no change in the

positions of others. When it comes to distribution, any
economic reorganisation is said to increase social
welfare, if the welfare of some persons is increased
without any decrease in the welfare of others (Jhingan,
2000).
For example, suppose a new technology is introduced
which lowers the prices of food and at the same time,
does not harm anyone by causing unemployment to
the farmers or reduced profits to the sellers. The
introduction of such a technology would be a Pareto
improvement to achieve greater efficiency.
If a society finds itself in a position from which there
is no feasible Pareto improvement, such a state is
called a Pareto optimal state. So, a Pareto optimal
state is defined as a state from which it is impossible
to make one person better off without making another
person worse off.
It is important to note that Pareto optimality does not

imply equity in resource distribution. Suppose there is
a total stock of 100 slices of bread. A gets 20, B gets 30
and C gets 50. Now, can the share of A be increased
without taking some from the share of either C or B?
So this is a Pareto optimal allocation even though
there is high disparity in individual shares.
To say that a society should make movements that are

Pareto improvements is a value judgment but it enjoys
widespread acceptance. Many would, however, disagree
on such Pareto improvement measures if policies
continuously make the rich richer while the poor
remain unaffected.
If the economy is not at Pareto optimum, there is some

inefficiency in the system. It is always theoretically
possible to make everyone better off in moving from a

Pareto inferior position to a Pareto superior position.
Hence, Pareto optimal states are also referred to as
Pareto efficient states and the Pareto criterion is also
referred to as an efficiency criterion. Efficiency in this
context is associated with getting as much as possible
for society from its limited resources. Also note that
Pareto criterion can be used to compare two inefficient
states as well. That is, one inefficient state may
represent a Pareto improvement over another inefficient
state.
Criticisms
There has been considerable debate over the questions

of assuming Pareto-optimum allocation as social
optimum. According to Wicksell, there are an infinite
number of Pareto-optimal allocations — one of which is
the social optimum, while another one is the
competitive equilibrium, but they need not be the same.
There is no guarantee that the optimum obtained under
free competition would be satisfactory from a social
point of view or will produce the greatest possible
social advantage.
Clearly, as a concept of “efficiency”, Pareto-optimality
may seem quite adequate, but as a concept of “optimal”,
in any ethical sense, it is definitely not sufficient. As
Amartya Sen (1970) notes, an economy can be Pareto-
optimal, yet “perfectly disgusting” by any ethical
standards. It is thus of crucial importance to recall
that Pareto-optimality, is merely a descriptive term, a
property of an allocation, and that, at least a priori,
there are no ethical propositions about the desirability
of such allocations inherent within that notion. Thus,
there is nothing inherent in Pareto-optimality that
implies the maximization of social welfare.
New Welfare Economics

The new welfare economics attacked the earlier
utilitarian approach. It contests the notion that
individual utilities can be measured or compared. Lionel
Robbins argued that consequently, social welfare is
necessarily a normative concern, a value judgment and
thus not within the scope of economic which is a
“science”, as different from ethics. Economics is
incapable of deciding as between the desirability of
different ends as it is fundamentally distinct from
Ethics.
This new school believes that the desirability of an
economic system is to be determined in terms of its
efficiency: how efficiently resources are allocated. This
is measured by the concept of Pareto optimality already
discussed. But an additional criterion was developed
by Hicks, Kaldor and Scitovsky which came to be
known as the “compensation principle”.
Compensation Principle
An economy can be said to be efficient when four

criteria are satisfied. Efficiency is:
 when no consumer can be made better off without

making others worse off,
 when it is impossible to increase the production of

any good without reducing the production of other
goods,
 when marginal physical product of a factor is the

same for all firms producing a good, and
 when the production process exactly matches the

consumer wants.
To determine whether an activity is moving the economy

towards Pareto efficiency, two compensation tests
have been developed. Any change usually makes some
people better off while making others worse off. So
these tests ask what will happen if the winners were
to compensate the losers. Using the Kaldor criterion
(named after Kaldor), an activity will contribute to
Pareto optimality if the maximum amount the gainers
are prepared to pay is greater than the minimum
amount which the losers are prepared to accept. That
means social welfare is said to have increased if some
people are made better off and others worse off, the
gainers from the change could more than compensate
the losers, and yet be better off themselves. Under the
Hicks criterion (named after Hicks), an activity will
contribute to Pareto optimality if the maximum amount
the losers are prepared to offer to the gainers in order
to prevent the change is less than the minimum amount
the gainers are prepared to accept as a bribe to forgo
the change. The Hicks compensation test is from the
losers’ point of view, while the Kaldor compensation
test is from that of the gainer. If both conditions are
satisfied, both gainers and losers will agree that the
proposed activity will move the economy toward Pareto
optimality. This is referred to as Kaldor-Hicks criterion.
Fundamental Theorems
Welfare economics has two fundamental theorems.
The first fundamental theorem states that “any
competitive equilibrium (also called Walrasian
equilibrium) leads to an efficient allocation of
resources”. The first theorem says in other words
what Adam Smith described as the “invisible hand of
the market”, namely that a competitive market without
any external regulation tends towards efficient
allocation of resources. It supports a case for non-
intervention (by State or any other external agency) in

ideal conditions: let the markets do the work and the
outcome will be desirable. These ideal conditions, known
as perfect competition, do not however exist in the real
world. Any particular market situation may differ from
these perfect conditions in more or lesser degree, and
the degree of this variation must factor into policy
choices.
The second fundamental theorem is the converse of
the first. It says “any efficient allocation can be
sustainable only by a competitive equilibrium”. It states
that out of the infinity of all possible Pareto efficient
outcomes one can achieve any particular one by
enacting lump-sum wealth redistribution and then
letting the market take over. This appears to make the
case that intervention has a legitimate place in policy
— redistributions can allow us to select from among all
efficient outcomes for one that has other desired
features, such as distributional equity. However, it is
unclear how any real-world government might enact
such redistributions. The second theorem argues that
any Pareto-optimal allocation can be achieved as a
competitive equilibrium once a social planner
undertakes an appropriate redistribution of
endowments. Consequently, the social optimum is
achievable as a competitive equilibrium if accompanied
by the appropriate social policy.
Welfare Maximisation and Cost Benefit Analysis
Cost benefit analysis is a specific application of welfare
economics techniques, but excluding the income
distribution aspects. It is an economic tool to aid social
decision-making, and is typically used by governments
to evaluate the desirability of a given intervention in
markets. The aim is to gauge the efficiency of the
intervention relative to the status quo. The costs and
benefits of the impacts of an intervention are evaluated

in terms of the public’s willingness to pay for them
(benefits) or willingness to pay to avoid them (costs).
Inputs are typically measured in terms of opportunity
costs— the value in their best alternative use. The
guiding principle is to list all of the parties affected by
an intervention, and place a monetary value of the
effect it has on their welfare as it would be valued by
them.
Cost benefit analysis is done while designing any
project, whose aim is to maximise the welfare of public.
Assessment of the welfare effect can lead to designing
different parameters of the project. The attempt is to
investigate the net social benefits of a particular project
with a particular scale, design and so on. The concept
of welfare maximsation is also important in deciding
which set of a large group of potential projects should
be adopted. Government funds are generally limited.
Hence, not all projects can be undertaken. The set of
projects to adopt should be chosen to maximise the
discounted net social benefits, given the funding
constraint. One project may not be appropriate unless
some other one is also adopted. However, one should
bear in mind the possibilities for improving social welfare
by altering individual projects designs. Also, existing
prices are likely to be altered to a greater extent when
many projects are undertaken than when a single
project is implemented. Any cost-benefit analysis or
welfare analysis should also consider the interactions
among projects where substantial cross-effects may
exist. The methodology of applied welfare economics is
sufficiently general to lend guidance on these issues
at least when a sufficient empirical base of information
is available.
Capability Approach to Welfare

Economics
Welfare economics is concerned with the evaluation of
the level of individual and social welfare, and the
welfare impact of economics and social policies. The
welfare of the individuals is represented by utility,
usually understood as desire, fulfillment or preference
satisfaction. Although there is some debate on the
exact properties and characterisation of the notion of
utility, there is general agreement that utility as used
in economics is a one-dimensional concept. Social
welfare is an aggregation of the individual welfare by
means of an aggregator function which can be
interpreted as a social welfare function. Social welfare
functions can have different forms, implying that some
of them will take distributional considerations into
account while others will not. If the social welfare
function is the maximization of the sum of the individual
welfares, then it is a utilitarian social welfare function.
In applied welfare economics, utility is routinely
measured by monetary variables. This is valid only
under restrictive assumptions about the individual and
the market.
Lately, welfare economics has undergone a
reorientation thanks to the contributions of Amartya
Sen who was awarded the Nobel Prize in Economics for
his “contribution to welfare economics”. Sen is critical
of the individualistic utilitarian focus of welfare
economics because the same distribution of individual
welfare may coexist with very different scores on other
dimensions that are important to social evaluation
(Atkinson, 1998). A theory of welfare must be based on
more than individual utilities. Emphasizing the need
to take a broader view, Sen notes that “One of the
extraordinary features of standard welfare economics
has been the neglect of information about health,

morbidity and longevity. Though these variables have
often been taken seriously in the development
literature, they have typically been ignored in welfare-
economic treatises” (Sen, 1986).
Amartya Sen’s approach is known as the capabilities
approach about which you have read in some detail in
the previous block. According to Sen, the assessment
of the standard of living should focus on “neither
commodities, nor characteristics, nor utility, but
something that may be called a person’s capability”(Sen,
1985).
Most researches in welfare economics use individual
utility as the exclusive basis of welfare judgments.
This tradition, which has been dominant for the last
two centuries, is called “welfarism”. However, in recent
decades several important departures from welfarism
have been made, by including non-utility factors in the
evaluation of individual welfare. The measurement of
standard of living, inequality and poverty use much
broader basis than just utilities. It is in this departure
from welfarism that the capability approach can be
situated.
Capability refers to the freedom that a person has in
terms of choice of functionings, which refer to what a
person can achieve (such as being able to take part in
the life of the community). Sen illustrates how a
commodity gives a person certain capabilities. For
example, a bicycle which has the characteristics of
transportation, gives a person the ability to move about
in a certain way that he may not be able to do without
it. So the transportation characteristic of the bike gives
the person the capability of moving in a certain way.
This capability may generate utility, but it is the
capability to function that comes closest to the notion
of standard of living.
The capability approach may be interpreted in two

different ways. It may be concerned with the actual
chosen functioning, or with the options that a person
has- the capability set. For example, two people are
starving. One has no food to eat while the other is
starving out of choice (fasting). The end outcome is the
same — starvation. Evaluation in terms of actual
functioning (i.e. starvation in both cases) is closer to
traditional welfare economics which is concerned with
outcomes. But this does not capture the difference
between the two people, which is that the second
person has the options to make a different choice. That
means the process through which outcomes are
generated has a significance of its own. The
functionings of a person are thus the set of things that
she does in life, whereas the capability of that person
is the alternative combination of functionings that this
person can achieve and from which she can choose
one set of functionings.
The functionings as measures to welfare are much
broader and capture its essence in a more fundamental
manner than the monetary measure of income.
We have already seen that although countries can be
ranked in an order in terms of income (as a measure
of welfare), the rankings are radically altered when it
comes to functionings such as life expectancy, infant
mortality and child death rates (refer to GNP versus
life expectancy table). Using only these three very
basic functionings, Sen shows that the ranking of
countries based on GNP per capita can be quite different
from the ranking based on the selected functionings.
He also applied this approach to examined sex bias in
India, finding that females have worse achievements
than males for a number of functionings, including
age-specific mortality rates, malnutrition and morbidity.
The capabilities approach presents a radical alternative

to measuring welfare in terms of money incomes or
expenditures. The evaluation of welfare thus measured
in terms of functionings differs significantly from those
measured in terms of income or expenditure. As a
consequence, rankings of welfare levels of countries
and regions are different when they are performed
according to standard welfare economics or the
capability approach (Kuklys and Robeyns, 2004).
Health, Education and Women’s

Empowerment
Health and education are now treated as the main
goals of development. Jean Dreze and Amartya Sen
(2006) explain that health and education are valuable
for a person’s freedom in five distinct ways. Note that
in this approach, development is understood as
expansion of freedom.
Intrinsic importance: Health and education are
valuable achievements in themselves and their
presence and absence in a person directly affects his
or her effective freedom. A healthy and educated person
can lead life in a manner fulfilling to them.
Instrumental personal roles: Health and education
are also valuable because of their enabling functions.
They can bring economic opportunities of work and
income, social status and participation in public life by
an individual.
Instrumental social roles: A healthy society is capable
of much greater achievements than one which has to
deal with ill-health at mass level. Education enables
greater participation among people in democratic
processes, builds accountability, raises public
awareness of utilization of services and also addresses
the social issues like the threat of epidemics,

environmental degradation and population growth.
Instrumental process roles: Although the aim of
schooling is to impart education, the process of
schooling can achieve other benefits too, such as
bringing back children to school can reduce the
incidence of child labour. Schooling also gives a social
space for children to grow through interactions with
fellows.
Empowerment and distributive roles: Education and
health are tools of empowerment for disadvantaged
people who have to battle social oppression and
exclusion. Greater literacy and educational attainment
among such groups as adivasis, dalits and women
equip them better to claim their positions and reduce
social inequality.
How does health and education become matters of
public policy? Social interventions in provision of health
and education are required to overcome the market
failures in supplying these resources universally.
Private health care and education can reach only a
section of the population while the majority of population
will remain untouched by it.
Public provision of social security, health and education
is practiced by a state structure called Welfare State.
It is not a socialist state, but one that spends
considerably from its national income on health and
education of its people, besides taking care of the well
being of elderly people. The expenditure is raised
through taxation of the affluent people. Even in the so
called market economies of North America and Europe,
public expenditure accounts for nearly 35 to 40 percent
of the GDP. Scandinavian countries like the
Netherlands, Denmark, and Norway have sent an ideal
in this mechanism whereby the State spends over 23

percent of its GDP on welfare expenditures. Western
European countries are the early industrialised ones
but they built a structure of high public expenditure in
health and education. Even South East Asian countries
like Korea, Taiwan, and Malaysia which are late
industrialised countries emphasized on these two
crucial areas of development. As a result their labour
productivity is very high and the high levels of human
resource development have enabled the economies of
these countries to surge ahead of others.
How a focus on health and education has contributed
to overall welfare can be ascertained from the famous
“Kerala Model” of development. With moderate levels
of economic growth, Kerala is far ahead in social
indicators — while India’s life expectancy is around 63
years which is much lower compared to China’s 70
years – Kerala’s life expectancy is 74 years, much
higher than China’s. Likewise, the infant mortality
rate of 71 per thousand live births in India is quite
higher than China’s 30, however Kerala’s rate is 14-
much lower than China’s. With regard to literacy rate,
the entire India’s figure is lower than China’s while
Kerala’s figure remains significantly higher than
China’s. Even female literacy rate in Kerela is higher
than even every individual province of China. As Dreze
and Sen (2006) point out, such development in social
parameters have been possible thanks to the State
committing itself to build an efficient primary health
care and school education systems.
Empowerment of disadvantaged groups, particularly
women, is a key element to fight against poverty in the
process of development. Empowerment has been defined
as ‘the enhancement of assets and capabilities of
diverse individuals and groups to engage, influence
and hold accountable institutions which affect them.

Social inclusion is the removal of institutional barriers
and the enhancement of incentives to increase the
access of diverse individuals and groups to assets and
development opportunities’ (Bennett, 2002).
Empowerment as a process
Gender has become an important aspect of development
after major international organizations have devoted
attention to women’s issues. Studies have shown that
investments in women yield high returns in productivity,
child health and family welfare.
Empowerment is a process through which one gets
control over resources, opportunities to exercise
political power to reach the goal. According to Kabeer
(2001) ‘choices’ comprise three interrelated components,
namely resources, agency and achievements. Resources
and agency are the two most common components of
empowerment. There are plenty of variables which are
often considered as proxies for empowerment. For
instance, education and employment are described as
enabling factors of empowerment. Achievement refers
to welfare. The empowerment process cannot be put to
practice without some achievement as the targeted
goal. In the context of evaluation, achievements are
best treated as outcomes of empowerment. Through
the process of empowerment, the outcomes may be
seen in women’s status, strategic positions or welfare.
Agency is the essence of women’s empowerment which
can help to improve their positions through the actions
of women themselves.
Gender is an important aspect in understanding the

socio-cultural, political and economic contexts in which
development takes place. When women internalise
their subordinate status and view themselves as
persons of lesser value, the sense of their own rights

and entitlements is diminished. You have already read
these in the previous block.
Conclusion
In this Chapter, we discussed the basic tenets of
welfare economics and the three approaches to
measure welfare, namely the traditional utilitarian,
Pareto optimality criterion and the Kaldor-Hicks
criteria. The limitations of traditional utilitarians and
the New Welfare Economics were also discussed. An
alternative method of measuring welfare has been
devised by Amartya Sen, whose capabilities approach
places value on ‘functionings’ instead of income as an
index of welfare. Health, Education and womens’
empowerment are vital areas of development
where there is a case for state intervention for public
expenditure.
References
Dreze and Sen (2006): India: Development and
Participation, OUP, New Delhi
Murray N. Rothbard (1956): Toward a Reconstruction of
Utility and Welfare Economics, sourced from
www.mises.org/rothbard/toward.pdf http://
cepa.newschool.edu/het/essays/paretian/
paretosocial.htm#social
Robeyns, Ingrid (2000): An unworkable idea or a
promising alternative? Sen’s capability approach
reexamined, sourced from http://
www.econ.kuleuven.ac.be/eng/ew/discussionpapers/
Dps00/DPS0030.pdf
Jhingan, M L. (2000): Microeconomic Theory, Vrinda
Publishers, New Delhi
Indian Judicial System 343
14
Indian Judicial System

* Ranjana Sehgal
Introduction
The Government of India, officially referred to as the
Union Government and commonly known as the Central
Government, is the governing authority of the Republic
of India and was so established by the Constitution. To
carry out the judicial responsibilities of our vast and
diverse nation, the Indian judicial system is structured
like a federal hierarchy. The Supreme Court of India is
at the apex, followed by a number of High Courts for
each state. Each High Court has numerous District
Courts and tribunals under it. The majority of India’s
population which resides in its villages falls under the
jurisdiction of the Panchayats. The basic civil and
criminal laws governing the citizens of India are set
down in the Indian Penal Code, Criminal Procedure
Code, and code of civil procedure. The Union and
individual state governments consist of executive,
legislative and judicial branches. The legal system as
applicable to the federal and individual state
governments is based on the English common and
statutory law. There are broadly two categories under
which the Indian law operates namely the Indian civil
law and the criminal law. The Indian civil law takes
cognizance of its multi-cultural population and imbibes
the diverse religious sentiments. While location,
religion and history play a role in judgments under the

Indian civil Law, the criminal law is binding across all

religions and calls for a much stricter adjudication.
The Fountain Head of the Indian Judicial

System
Indian Constitution
Historically, India was a collection of kingdoms and
empires constantly at war with each other. However,
modern India has evolved with the British rule. They
ruled India till 1947, when India became an
independent nation. As a consequence of over a century
of subjugation to British rule, a vast portion of our law
and legal institutions are based on British law and
legal system.
The Indian Constitution was framed by the Constituent
Assembly and came into effect from 26 th November
1949 (Article 1). The Indian Constitution was in part
modeled on the Government of India Act 1935 (an Act
passed by the British Parliament) and the Constitutions
of other nations such as the Irish Constitution. It is
divided into parts and further into chapters and articles.
The Constitution provides for a quasi-federal nation
consisting of a Union of States (Article 1). The
Constitution of India has as its goal social
transformation for the welfare of the people and provides
the directions as well as the legal and administrative
framework and processes for the same. The three
main organs of the State, namely, the Legislature, the
Executive and the judiciary have to perform their
functions in a well coordinated manner, supplementing
each other to achieve the common goal of unity and
integrity of the nation and its people.
The Constitution provides for separate executives and
legislatives for the Union and for each of the States
and demarcates the powers of each. The President

acts as the head in all executive functions of the
Union Government and performs these functions with
the aid and advice tendered by the Council of Ministers,
provided the advice is not ‘ultra vires’ of the Constitution.
The President can return any proposal or call for such
information pertaining to the administration of the
affairs of the Union, as he deems fit and it is the
Constitutional duty of the Prime Minister and the
concerned minister, to comply with the directions. The
President can in case of default take action against
the defaulter u/s 9(1) of the Representation of Peoples
Act, 1951 for disqualification. This is an inbuilt
mechanism in the Constitution to maintain discipline
among the elected representatives.
The Constitution itself can be amended by a special

majority of the union legislature. Amendments to the
provisions of the Constitution dealing with the States
require the consent of the legislatures of at least half
of the States (Article 368). The Constitution can be
amended fairly and extensively, but the amendments
cannot violate the basic features of the Constitution
such as the independence of the judiciary, the sovereign
democratic and republican structure of the nation, the
rule of law and free and fair elections.
The Union Executive
The Union Executive is headed by the President of

India who is the nominal head of the State. The real
power lies with the Union Council of Ministers (the
cabinet) headed by the Prime Minister. The President
is elected for a period of 5 years by an electoral college
consisting of the members of the Union and State
legislatures (Articles 55 & 56). A President can be re-
elected for any number of terms and can be impeached
for violation of the Constitution (Article 61and 54). A

Vice-President is elected for a period of 5 years by the
members of the Union Legislature and can be removed
by a mere resolution passed by both the Houses of the
Union legislature (Articles 63-67).The Prime Minister
is, generally, the leader of the political party
commanding a majority in the House. The Prime
Minister, who is also the head of the Council of
Ministers, is the most powerful person in India.
The Union Legislature
The Union legislature (the Parliament) is bicameral in

nature, consisting of an Upper House called the Council
of States or the Rajya Sabha and a Lower House called
the House of People or Lok Sabha. The Rajya Sabha is
largely comprised of representatives of the States
elected by the members of the legislatures of the
States and is a permanent house, with one-third of its
members retiring every second year. The Vice-President
is its Chairman. The Lok Sabha on the other hand,
consists of members chosen by the citizens of India,
through direct election. The House of the People or the
Lok Sabha continues for a term of five years, unless
dissolved earlier.
The State Executive
The Constitutional structure of the State is by and

large similar to that of the Union. The executive power
of each State is vested into the Governor of the State.
The Governor of each State is appointed by the President
on the advice of the Union Council of Ministers. The
Governor is appointed for a term of five years but holds
office during the pleasure of the President and can be
removed any time.
The Governor acts on the advice of the State Council of

ministers headed by the State Chief Minister. The
Chief Minister is normally the leader of the political
party commanding a majority in the House of the State
Legislature.
The State Legislature
The legislature of most States consists of only one

House (the Legislative Assembly) whose members are
directly elected by Indian citizens residing in that
State. The Legislature Assembly is elected for a period
of 5 years, unless dissolved earlier. The legislature
power of the State Legislature extends to all matters
mentioned in the State List and in the Concurrent List
of the seventh schedule to the Constitution. The
legislative power of the State extends only to the
territory of that State.
Division of Legislative Powers
“The Constitution has devised a structure of power

relationship with checks and balances and limits are
placed on powers of every authority or instrumentality
under the Constitution” (A.I.R.1980SC1824) The division
of legislative power between the union and the States
is a distinguishing feature of the Constitution. The
Legislative power of Union Legislature extends to all
matters mentioned in the Union list and in the
Concurrent list of the seventh schedule but does not
extend to any of the matters mentioned in the State
list of the seventh schedule. It also has the residuary
legislative powers. Legislative enactments of either
the Union or the States are often challenged on the
ground that the enactments are beyond the legislative
competence of the legislative authority, which is then
decided by the higher judiciary.
The Indian Law

Primary Source
The law or Enactment passed by the Parliament or the
State Legislature is the primary source of law in India.
In addition to these the President and the Governor
have limited powers to issue ordinances when the
Parliament or the State Legislature is not in session.
These ordinances will lapse in six weeks from the re-
assembly of the Parliament or the State Legislature.
These laws are later published in the Official Gazette
(The Gazette of India or the State Gazette). Most
enactments delegate powers to the executive to make
rules and regulations for the purposes of the Acts.
These rules and regulations are periodically laid before
the legislature (Union or State as the case may be).
This subordinate legislation is another source of law.
Manual of Central Laws is an exhaustive collection of
laws enacted by the Parliament together with decisions
of the Supreme Court and the High Court on these
laws.
Secondary Source
There is another important secondary source of law,
which is the judgments of the Supreme Court and
High Court and some of the specialised Tribunals. The
judgments of these institutions not only decide legal
and factual issues between the parties but in the
process interpret the law. The Constitution provides
that the law declared by the Supreme Court shall be
binding on all courts within India, as they constitute
binding precedents to be followed by all the other
courts and tribunals. The Supreme Court is not bound
by its own decisions. However, decisions of a larger
bench of the Supreme Court are binding on benches of
equal or lesser strength. The Supreme Court has used

its powers to venture into judicial activism going far
beyond the traditional view that courts should only
interpret the law and not make new law. Judgments of
the Supreme Court on public interest litigation,
protection of the environment and protection against
arbitrary State action can be viewed more as (judge-
made law), than mere technical interpretation of the
law. The judgment of a State High Court is binding on
itself and on all subordinate courts and tribunals in
the State. However, a larger bench of the High Court
can overrule a decision of a numerically smaller bench.
Judgments of a High Court are not binding on another
High Court or on courts subordinate to another High
Court, but are of great persuasive value. Judgments of
specialized tribunals are binding on itself but not on
the courts or other tribunals.
The Organization of the Judiciary: The

Courts of India
The judicial system of independent India began under
the British, and its concepts and procedures resemble
those of Anglo-Saxon countries. The Indian justice
system, although administered separately by the Union
and the States, consists of a unitary system at both
state and federal level.
Our Judicial Branch can be classified as:
1. National Judiciary 1. Higher judiciary
2. State Judiciary or 2. Lower Judiciary
If we look at the first classification, the National
judiciary comprises of the Supreme Court of India,
located at Delhi and the State judiciary includes the
high Courts of each State, followed by the District and
Sessions courts and other lower courts. Alternatively,

if we classify the judicial branch into Higher and
Lower judiciary, the Supreme Court and the High
Courts, both fall in the first category, whereas lower
judiciary comprises ordinary civil and criminal courts.
While the Higher Judiciary is regulated by the
Constitution, the lower judiciary derives its jurisdiction
from the legislation enacted by the Parliament
supplemented by the State law.
National Judiciary
Today, almost all trials are conducted by the judges
and there is no jury. The Judiciary is independent
from the executive in India. Although the Parliament
has powers to impeach a judge of the Supreme Court
or the High Court, this is a power which has hardly
been exercised in practice. Judges of the Supreme
Court and the High Court enjoy enormous freedom
from political and other interference during their
tenure.
The Supreme Court has original, appellate and advisory
jurisdiction. The Supreme Court in India is the ultimate
interpreter of the Constitution as well the laws of the
land and is the ultimate court of appeals for the nation.
It hears appeals from the High Courts and acts as a
court of review over subordinate tribunals. It has
appellate jurisdiction over all civil and criminal
proceedings involving substantial issues concerning
the interpretation of the Constitution. Its exclusive
original jurisdiction also extends to any dispute
between the Government of India and one or more
states or between two or more states, if the dispute
involves any question (whether of law or of fact) on
which the existence or extent of a legal right depends.
In addition, Article 32 of the Indian Constitution gives
an extensive original jurisdiction to the Supreme Court
in regard to enforcement of Fundamental Rights. It

can also issue writs in the nature of habeas corpus,
mandamus, prohibition, and certiorari and quo warranto
for the enforcement of fundamental rights. Supreme
Court consists of a Chief Justice and such number of
associate judges as the Union Legislature may
legislate. The judges of the Supreme Court are appointed
by the President in consultation with the Chief Justice
of India. The senior-most judge is normally appointed
as the Chief Justice. A judge of the Supreme Court
holds office until he attains the age of 65 years. The
appointments do not require Parliament’s concurrence.
He could be removed earlier by a presidential order
charging “proved misbehavior or incapacity”, by
impeachment before both the Houses of Parliament,
where each house of Parliament passes, by a vote of
two-thirds of the members in attendance and a majority
of its total membership.
The Supreme Court has been conferred with power to
direct transfer of any civil or criminal case from one
state high Court to another state high court, or from a
subordinate court to another state high court. Although
the proceedings in the Supreme Court arise out of the
judgments or orders made by the subordinate courts,
of late the Supreme Court has started entertaining
matters in which interest of the public at large is
involved. Such an initiative is known as public interest
litigation or social action litigation and is perhaps
unique to the Supreme Court of India, which has been
exercising this extraordinary jurisdiction. The Court
may be moved by any individual or group of persons
either by filing a writ petition or by addressing a letter
to the Chief Justice of India highlighting the question
of public importance for invoking this jurisdiction. The
Supreme Court is also empowered to give advisory
rulings on issues referred to it by the President and
has wide discretionary powers to hear special appeals

on any matter from any court except those of the
armed services.
State Judiciary
The state judiciary consists of high courts and
subordinate courts for each State.
The High Court stands at the head of a State’s judicial
administration. The Union Territories come under the
jurisdiction of different state high courts. Each high
court comprises of a Chief Justice and such other
judges as the President may, from time to time, appoint.
Each high court has powers of jurisprudence over all
subordinate courts within its jurisdiction, namely the
district and sessions courts and other lower courts. It
can call for returns from such courts, make general
rules and prescribe forms to regulate their practice
and proceedings and determine the manner and form
in which book entries and accounts shall be maintained.
The high court hears appeals from the subordinate
courts and tribunals and also acts as a court of revision
for them. The high court like the Supreme Court has
powers to issue writs of habeas corpus, certiorari etc.
and also entertains applications on Public Interest
Litigation. A high court judge holds office till the age of
62 years and can be impeached in the same manner
as a Supreme Court judge.
Writs
Writ is a particular prayer seeking a specific relief.
Writs are commands issued by the High Courts and
the Supreme Court to do or not to do a certain thing.
It could be a direction to a Government authority
(mandamus), a direction to a lower court to stop a
hearing (prohibition), an order quashing a judgment
(certiorari), a direction to produce a detained person
(habeas corpus), a direction disqualifying a person from

holding a Government post(quo warranto). Writ petition
to the Supreme Court under Article 32 of the
Constitution would lie in case of any act or omission of
the State or any of its agencies in case of the violation
of the fundamental rights. A writ petition can be filed
in the high court in case of the violation of any right,
challenging the validity and propriety of an order or in
exercise of supervisory jurisdiction over the courts
subordinate to it, under Articles 226 and 227 of the
Constitution of India. A writ should not be filed when
the party has a right to appeal or an alternate remedy.
Lower Judiciary
Subordinate courts are divided into criminal and civil
courts.The district and session courts comprise the
highest level of courts in a district for civil and criminal
cases, respectively. A district judge presides over civil
cases, whereas a session judge, over criminal cases.
These judges are appointed by the Governor of the
state in consultation with the State’s high court. There
is a hierarchy of judicial officials below the district
level who are selected through competitive examination
by the state’s public service commissions. The
nomenclature, jurisdiction and structure of the criminal
courts are derived from the Criminal Procedure Code,
a central law and that of ordinary civil courts by the
Code of Civil Procedure in force in each State. Other
lower courts are regulated by the special and local
enactments, relevant to them. For example special
judges are appointed under the Criminal Law
Amendment Act, 1952 to deal with cases under the
Prevention of Corruption Act, 1947. Family Courts have
been constituted under the Family Courts Act, 1984 to
deal with family matters consumer forums were set up
under Consumer Protection Act,1986 among others.
Claims for compensation caused by motor accidents

are decided by the Claims Tribunals constituted under
the Motor vehicles Act of 1939. Specialized tribunals
are established under various enactments such as the
Income tax Appellate Tribunal, the Company Law Board,
the Sales Tax Appellate Tribunal, the Central and
State Administrative Tribunals, the Debt Recovery
Tribunal. All these tribunals are under the
superintendence of the High Court within whose
territorial jurisdiction they function.Thus, apart from
the existing courts, special courts can be created by
the competent legislative authorities, whenever
required.
Civil Courts
According to the Code of Civil Procedure States are
divided into districts and within each, there is a district
Court presided over by a district judge who is the head
of the judiciary, having unlimited original civil
jurisdiction over the districts. The courts inferior to
the district court are called differently in different
States. Civil cases at the sub district level are filed in
sub district or munsif courts. The civil courts consist of
munsif courts and courts of subordinate judges. Appeals
normally lie from these courts to the district Court and
then to the high court. A litigant is normally entitled
to two appeals-one appeal on facts and law and a
second appeal on law alone.
Criminal Courts
The criminal courts consist of magistrates of first or
second class and the court of session. Appeals lie to
the court of session and then to the High Court. Lesser
criminal cases are entrusted to courts of magistrates
functioning under the sessions Judge. The following
structure of the criminal courts exists at the district
level under the Code of Criminal Procedure, 1973:

1) The Court of Session headed by the Sessions
Judge
2) The Court of Chief Judicial Magistrate
3) The Courts of Magistrates of the First Class
4) The Courts of Magistrates of the Second Class
5) Courts of Executive Magistrates headed by the
District Magistrate
In the metropolitan areas the Courts of Metropolitan
Magistrates headed by the Chief Metropolitan
Magistrates have original jurisdiction.
At the village level, disputes are frequently resolved by
Panchayats that are appealable to the District and
Sessions Court.
Civil Procedure
The civil rights emanate from the Constitutional Law,
personal Law, customary Law, common law and
precedents.The procedure for filing suits under the
civil law is laid down in the Civil Procedure Code, 1908
(CPC). While the manner of leading evidence in both
criminal and civil procedure is governed by the Indian
evidence Act, 1872, other Acts relevant to civil remedies
are the Court Fees Act, 1870, the Specific Relief Act,
1963, and the Limitation Act, 1963.
What a Plaintiff or Petitioner should Know?
Jurisdiction is the power of a court to entertain a
petition or proceeding and execute such order as may
be consequently passed. A court can entertain a case
only when it has ‘jurisdiction’ which in turn is
determined by the following two factors:
Place: the correct place from where the case can be

filed
Forum: the correct court in which one should file
one’s case
What should a plaint contain?
Under civil law, a person against whom a civil wrong
has been done can file a suit in the civil court having
jurisdiction. While filing the plaint, the plaintiff should
ensure that it should contain the following:
 Name of the court in which the suit is to be filled;
 Name, description and place of the residence of
the plaintiff and the dependant;
 Whether the plaintiff/defendant is a minor or of
unsound mind;
 A detailed chronological description of the facts
which led to the filing of the suit;
 Specific and detailed pleadings;
 For every prayer, separate averments justifying
the prayer;
 Cause of action;
 Clause on jurisdiction;
 Value of the suit;
 Clause on limitation;
 Relief sought/ prayer
 Affidavit duly signed, verified and affirmed in support
of the plaint;
 List of documents with document exhibited in

support of averments made in the plaint;
An additional application for interim relief may also be
filed along the main plaint. Further the plaintiff must
take care not to miss the deadline for filing the
complaint which can vary for different cases.
Requirements of the plaint may differ according to the
rules of different High Courts.
Summons
Summons signed by the judge or the appointed officer
may be issued to the defendant(s) demanding that he
or she may appear in the court. A copy of the plaint or
the petition has to be attached to the copy of summons.
The summons state the date and place where the
defendant has to appear.
Written Statement
On receipt of the summons, it is mandatory to file a
written statement within thirty days. The written
complaint should comprise the following:
· Preliminary objections
· Detailed facts according to the defendant
· Specific denial of each and every allegation in the
plaint. An allegation not denied is taken to be
admitted
· List of documents in support of the written
statement.
Enforcement of Court’s Orders
Contempt of Court: In the case of disobedience of the
court’s orders the aggrieved party can file petition
under section 2 of the Contempt of Court’s Act, 1971 as
disobedience constitutes an offence of civil contempt.
Executive petition: The final judgment given by the

civil court is called a ‘decree’. This decree can be
implemented by filing an Executive Petition.
Criminal Procedure
The law on criminal procedure is universally applicable
in India except the State of Jammu and Kashmir and
some areas of North-East and is contained in the code
of Criminal Procedure. This code is applicable to offences
under the Indian Penal code, under the State and
Central laws, other than those special laws that provide
a different procedure on a particular matter. The
Criminal Procedure Code is a very comprehensive law
that covers various aspects of pre-trial and trial stage,
such as arrest, detention, investigation, confessions,
various classes of offences and matters such as,
availability of bail, compounding of offences etc. It also
provides for the jurisdiction of criminal courts. As it is
not possible to have a detailed discussion on the code,
an attempt is made here to acquaint the learner with
some of its vital aspects.
What is an F.I.R.?
The term First Information Report (F.I.R.) has not been
defined under the Cr.P.C. but to put it simply, it is that
information which is given to the police, first in point
of time. The report first recorded by the police relating
to the commission of a cognizable case is called the
FIR. This is usually made by the complainant or
someone on his behalf and is that information on the
basis of which the investigation with regard to the
crime commences. Though, it does not constitute as
substantive evidence, it is important as it conveys the
earliest information about the commission of crime.
Arrest and Detention

A citizen can be arrested by temporarily curtailing the
freedom of movement and liberty where there is a
prima facie involvement in communication of crime or
intercept in criminal proceedings. Arrest can be done
with warrant without a warrant. A warrant is an
instrument issued by a competent Magistrate
authorizing a police officer who has the power to make
an arrest or a seizure or a search, to make such an
arrest or seizure or search.
Cases where police officer can arrest without warrant
1) when a person is suspected of cognizable offence.
2) when a person is a proclaimed offender
3) when a person is found carrying implement for

house breaking or stolen property
4) deserter from the armed forces
Rights of a person when arrested
The Constitution lays down that “no arrested person

can be detained in custody without being informed
soon of the grounds for arrest, nor can be denied the
right to consult and defended by a legal practitioner of
his choice.” This article 22(1) of the Constitution finds
an echo in the Section 50 of the Criminal Procedure
Code.
The code further provides that a police officer cannot

detain in custody a person arrested without warrant
beyond a reasonable time. This period should not, in
the absence of a special order of a magistrate, exceed
24 hours, including travel time.
Procedure for Investigation of offences

In case of cognizable offences, the information of
the offence can be given to the police or a complaint
can be made to a competent Magistrate. In case of
non cognizable offence, it cannot be directly
investigated by the police, hence, a complaint can
be made to a competent Magistrate, who can then
hold an enquiry or order the police to investigate.
On April 27, 1994, the Supreme Court issued a
ruling that enhanced the rights of individuals placed
under arrest by stipulating elaborate guidelines
for arrest, detention, and interrogation.
(www.indianchild.com/judicial_system_india.htm).
Steps of Investigation
In the case of cognizable offence the following steps
are usually followed:
 Registering an FIR — First Information Report
with the police. A copy has to be given to the
informant, free of cost.
 on the spot investigation
 measures for arrest of the offender
 calling of witnesses to the police station and
recording their statements
 getting the confession or statement of the accused
as the case may be
 search of premises, if required
 getting from the magistrate an order for remand of
the accused to appropriate custody
· On the completion of the investigation sending the
report of investigation to the magistrate.
Commonly Used Terms We Should Know

1) Bailable and non-bailable offences
Bail is release of persons who are accused of an
offence pending the trial. Bailable offences are
those for which a person may obtain bail as a
matter of right. Non-bailable offences are those for
which bail may be granted or refused by the court
in the exercise of its discretionary power. Non-
bailable offence does not mean that a person cannot
get bail, however, he cannot obtain it as a matter
of right. Whether an offence is bailable or non-
bailable is given in the classification of offences
in the first schedule to the Code of Criminal
Procedure.
2) Summons and warrant cases
A warrant case means a case relating to an offence
punishable with death, imprisonment for life or
imprisonment for a term exceeding two years. A
summons case means a case punishable with
imprisonment for two years or less. A case, thus
assumes the character of a summons or warrant
case depending on the nature and measure of the
punishment which the law attaches to the offence.
Serious cases are thus, tried under the procedure
laid down for the warrant cases and minor cases
under the procedure prescribed for summons cases.
While in the summons no charge may be framed,
in a warrant case a formal charge is necessary. In
a summons case the complainant may withdraw
his case with the permission of the Court and on
such withdrawal the accused is acquitted. In a
warrants case no such withdrawal is permitted,
except when the offence is a compoundable one.
3) Compoundable and non-compoundable offences

Compounding of an offence denotes that the dispute
between the parties has been settled or adjusted
by an agreement. Compoundable offences are those
offences which can be compounded or compromised.
The legal effect of composition is an acquittal of
the accused with whom the offence has been
compounded. Compounding once made cannot be
withdrawn. In a non compoundable case a
compromise without the sanction of the court cannot
be made. The court exercises the discretion whether
in the interest of justice the parties should be
allowed to compromise.
4) Cognizable and non-cognizable offences
Cognizable offences are serious offences in which
the state undertakes the responsibility to prosecute
the offender as these are considered crimes against
the State. For cognizable offences arrest can be
made without a warrant, on the basis of suspicion.
Here it is not necessary that the victim sets the
prosecution in motion. Usually to arrest a person,
the police should have a warrant from the
magistrate. Such offences are called non cognizable
offences. Non-Cognizable offences are offences for
which a police officer cannot arrest the accused
without a warrant or without the orders of a
Magistrate.
Principles of Natural Justice
It is a settled law that anybody or any authority that
performs judicial or quasi-judicial functions must
observe a certain minimum judicial procedure so as to
ensure at least a semblance of justice to the parties.
This minimum judicial procedure is that the authority
is bound to observe the principles of Natural Justice,

whether or not it is expressly laid down in any law.
Natural justice is not capable of precise definition,
however, two rules have long been recognized and
established as fundamental to the concept. The two
fundamental rules of Natural Justice are:
1) Audi alterem partem rule
This term literally means ‘hear the other side
also’. It means that ‘both parties must be heard’ or
that no man should be condemned unheard. The
affected party must be afforded a full and fair
opportunity of being heard in defence. The
opportunity of being heard must be effective and
not an empty formality. This means each party
must have reasonable notice of the case it has to
meet and a reasonable opportunity of presenting
the case.
2) Nemo Judex in Causa Sua
The second rule of Natural Justice literally means
that ‘no man shall be a judge in his own cause or
matter’. A person occupying the seat of judgment
must act impartially and with a sense of justice.
He should not have any interest or bias in favour of
any party. For instance the presumption of bias or
interest will arise where the judge is personally
related to one of the parties or he has a pecuniary
interest in the subject matter in dispute.
What You Should Know About Legal

Practitioners?
The legal practitioners have a great role to play in the
efficient working of our judicial system. They should
not only maintain their respectability but actively
participate and facilitate the disposal of cases. They

are the torch bearers to the judiciary as well as the
legislature. They can elevate the legal profession to a
level where it commands public faith and trust by
adhering to a code of conduct and honestly discharging
their duties.
Right to services of lawyer: The accused has the right
to engage a lawyer in its defense. If he cannot afford to
do so then the court can assign a lawyer for his defense
at the expense of the State. Particularly in criminal
cases, the state provides lawyer at the trial of those
who are poor and unable engage a lawyer.
Legal Practitioners: Lawyers are the basic legal
practitioners and the only persons allowed audience
as a matter of right in the civil and criminal courts. A
lawyer must posses a degree in law from a recognized
university and has to be enrolled as an advocate with
the Bar Council of the State in which he intends to
practice. A lawyer is subject to disciplinary proceedings
by the State Bar Council against whose decision an
appeal lies to the Bar Council of India. The Bar Council
consists of ex-offico and elected members from the
practitioner lawyer. Chartered Accountants, Company
Secretaries and other persons with prescribed
qualifications are allowed to appear before most of the
Tribunals. Some Tribunals like the Family Courts
expressly bar lawyers from appearing except with the
permission of the tribunal. Legal practitioners are
under an obligation to aid the administration of justice
and abide by a code of conduct in their legal practice.
However, of late we have seen an erosion of the
traditional values of the legal profession. It is therefore,
imperative that we know a few facts about the legal
practitioners such as their duties, the rules and
regulation and the code of conduct they should follow.
Unless we are aware of our rights, we cannot ask for

them when we engage their services. Till the Advocate
Act, 1961 was introduced, various classes of legal
practitioners existed in the various courts. The Act has
introduced two autonomous bodies, the Bar Council of
India and the State Bar Council, the former at the
national and the latter at the state level.
Important Functions of Bar Council
 prescribe standards of professional conduct for

advocates
 safeguard the rights and interests of advocates
 promote legal reforms
 promote legal education
 supervise the functioning of the State Bar Councils
 recognize degrees of law
 organize legal aid to the poor
Both the councils have the power to constitute

disciplinary, executive, legal aid and other committees,
with specific duties to perform.
Duties of Advocates
Members of the legal profession enjoy a high status

and this carries with it equally high responsibilities.
An advocate is expected to uphold the interests of the
client and perform important professional tasks, some
of which are enumerated below:
 An advocate should not refuse to take up a case, if

paid a fee consistent with standing
 once accepted, he or she should not withdraw

without sufficient cause. If it is done then the fees
should be partially refunded
 must not act on the advise of anybody, except the
client
 if he has any relation with the opposite party in

the litigation, he should not conceal it from the
client
 should not plead or appear for the opposite party.
 should not purchase property sold in execution of a

court order, in a case for which he appeared, for
his own benefit
Lawyers must ensure that professional standards are

maintained and legal ethics do not take a backseat.
Conclusion
The chapter aims at developing an understanding in
the learner about our Indian judicial system. To carry
out the judicial responsibilities of our vast and diverse
nation, our Indian judicial system is structured like a
federal hierarchy. The Supreme Court of India is at
the apex, followed by a number of high courts for each
state. Each high court has numerous district courts
and tribunals under it. The majority of India’s population
which resides in its villages falls under the jurisdiction
of the Panchayats. The division of legislative power
between the union and the States is a distinguishing
feature of the Constitution. The Legislative power of
Union Legislature extends to all matters mentioned in
the Union list and in the Concurrent list of the seventh
schedule but does not extend to any of the matters
mentioned in the State list. It also has the residuary

legislative powers. Legislative enactments of either
the Union or the States are often challenged on the
ground that the enactments are beyond the legislative
competence of the legislative authority, which is then
decided by the higher judiciary. Enactments passed by
the Parliament or the State Legislatures are the
primary source of law in India. There is another
important secondary source of law, which is the
judgments of the Supreme Court and High Court and
some of the specialised Tribunals. The Indian justice
system, although administered separately by the Union
and the States consists of a unitary system at both
state and federal level. Our judicial branch can be
classified into higher and lower Judiciary. Higher
judiciary comprises the Supreme Court and the High
Courts whereas lower judiciary comprises ordinary
civil and criminal courts. While the higher judiciary is
regulated by the Constitution, the lower judiciary
derives its jurisdiction from the legislation enacted by
the Parliament supplemented by the State law. The
Supreme Court has original, appellate and advisory
jurisdiction. The Supreme Court of India is the ultimate
interpreter of the constitution and the laws of the land
and is the ultimate court of appeals for the nation. It
hears appeals from the High Courts and acts as a court
of review over subordinate tribunals. It has appellate
jurisdiction over all civil and criminal proceedings
involving substantial issues concerning the
interpretation of the constitution. The High Court
stands at the head of a State’s judicial administration.
Each High Court comprises a Chief Justice and such
other Judges as the President may, from time to time,
appoint.
Subordinate courts are divided into criminal and civil

courts.The district and session courts comprise the
highest level of courts in a district for civil and

criminal cases, respectively. District Judge presides
over civil cases, while session Judge over criminal
cases. These judges are appointed by the Governor of
the state in consultation with the state’s high court.
There is a hierarchy of judicial officials below the
district level.
The basic civil and criminal laws governing the citizens
of India are set down in major parliamentary legislation,
such as the Indian Penal Code, Criminal Procedure
Code and Civil Procedure Code etc. The Criminal
Procedure Code is a very comprehensive law that covers
various aspects of pre-trial and trial stage, such as
detention, investigation, confessions etc. The learner
has been acquainted with some vital aspects such as
various classes of offences and matters such as arrest
availability of bail, compounding of offences. The civil
rights emanate from the Constitutional Law, personal
Law, customary Law, common law and precedents.
The procedure for filing suits under the civil law is
laid down in the Civil Procedure Code, 1908 (CPC).
Little less known facts about advocates such as their
code of conduct and duties have been discussed in
brief.
The judicial system retains substantial legitimacy in
the eyes of many Indians despite its politicization since
the 1970s. In fact, as evident from the rise of social
action litigation in the 1980s and 1990s, many Indians
take recourse to the courts to redress their grievances
with social and political institutions. The contradiction
between the principles of parliamentary sovereignty
and judicial review that is embedded in India’s
constitution has been a source of major controversy
over the years but role of Indian judiciary in our country’s
growth needs to be recognized and saluted.
References
Kashyap, Subhash C. (ed.) (2003) The Citizen and Judicial
Reforms under Indian Polity, Universal Law Publication
Co. Pvt. Ltd, Delhi.
Verma, S.P. (ed.) The Indian Journal of Public
Administration, Special Number on Indian
Judicial System: Need and Directions of Reforms, Vol.
XLV, No. 3, July-Sept. 1999.
15
LEGAL PROVISION FOR WOMEN

* Ranjana Sehgal
Introduction
Law is not only a tool for enforcing discipline, but, a
potent instrument for engineering social change, if
used efficaciously. Since the times of the social
reformers, whose fight against injustice and oppression
of women compelled the government to enact laws in
support of their cause, law has been looked upon as a
significant mechanism for helping the weak and the
marginalized. The first landmark law for women, framed
to remove the obstacles to the marriage of a widow, the
Widow Remarriage Act, was passed in the year 1856.
Laws prohibiting the practice of sati and child marriage
followed soon. A plethora of laws have since flowed
from the portals of our Parliament giving specific rights
and privileges to women.
If the number of laws enacted for women are any
parameter to measure gender equality, then without
an iota of doubt, India would rank as one of the most
progressive states in the world, committed to equality
and social justice. The reality, albeit, is different as
our laws, not only suffer from procedural lacuna but
are dismally low on the implementation count. At home
the women are victims of domestic violence and at
workplace the employer is not always sensitive to their
demands and requirements. Even though there are
provisions in the Indian laws for punishing the person
guilty of molestation, rape, eve-teasing and other

Legal Provision For Women 371
manifestations of sexual harassment, they are seldom

used as the criminal procedure is cumbersome and
tedious. The investigating and enforcement authorities,
usually, adopt a lackadaisical approach to these issues
and it takes an unduly long time for the criminal
courts to dispose of matters. Let us review some of the
existing laws which impact the lives of Indian women.
Rights and Privileges of Women in India

As Constitutional Provisions related to women have
been dealt with elaborately in the unit titled ‘Social
ideals of the Constitution’ we shall refrain from
discussing them in detail over here.
Constitutional Provisions
The Indian Constitution not only grants equality to
women but also empowers the State to adopt measures
of positive discrimination in their favour for neutralizing
the cumulative effect of the socio-economic and political
disadvantages faced by them over the years.
Fundamental rights and directive principles of state
policy, among others, ensure equality before the law,
prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth, and a guarantee of
equality of opportunity to all citizens in matters relating
to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b),
39(c) and 42 of the constitution are of specific
importance in this regard.
Legislative Provisions
Legal Rights: To uphold the Constitutional mandate,
the State has enacted various legislative measures
intended to ensure equal rights, to counter social
discrimination and various forms of violence and
atrocities and to provide support services, especially to
women. Although women may be victims of any of the

crimes such as ‘murder’, ‘robbery’, cheating’ etc., the
crimes, which are directed specifically against women,
are characterized as ‘Crimes against Women’. These
are broadly classified under two categories.
1) The Crimes Identified under the Indian Penal
Code (IPC)
i) Rape (Sec.376 IPC)
ii) Kidnapping & Abduction for different purposes
(Sec.363-373)
iii) Homicide for Dowry, Dowry Deaths or their
attempts (Sec.302/304-B IPC)
iv) Torture, both mental and physical (Sec.498-A
IPC)
v) Molestation (Sec.354 IPC)
vi) Sexual Harassment (Sec. 509 IPC)
vii) Importation of girls (up to 21 years of age)
2) The Provisions under the Specific laws:
Although all laws mentioned below are not gender
specific, some of them affect women significantly.
These laws have been reviewed periodically and
amendments carried out to keep pace with the
emerging requirements. Some Acts which have
special provisions to safeguard women and their
interests are:
1) The Factories Act, 1948
2) The Employees State Insurance Act, 1948
3) The Plantation Labor Act, 1951
4) Mines Act 1952

5) The Family Courts Act, 1954
6) The Special Marriage Act, 1954
7) The Hindu Marriage Act, 1955
8) The Hindu Succession Act, 1956
9) The Hindu Adoption and Maintenance Act, 1956
10) Hindu Minority and Guardianship Act 1956
11) Immoral Traffic (Prevention) Act, 1956
12) The Maternity Benefit Act, 1961 (Amended in
1995).
13) Dowry Prohibition Act, 1961
14) The Medical Termination of Pregnancy Act, 1971
15) The Contract Labor (Regulation and Abolition)
Act, 1976
16) The Equal Remuneration Act, 1976
17) The Child Marriage Restraint (Amendment) Act,
1979
18) The Criminal Law (Amendment) Act, 1983
19) Indecent Representation of Women (Prohibition)
Act, 1986
20) Commission of Sati (Prevention) Act, 1987
21) National Commission for Women Act, 1990
22) ThPre-natal Diagnostic Techniques Amendment
Act 2002
23) The Protection of Women from Domestic
Violence Act, 2005
Special Initiatives For Women
Apart from laws, various governments from time to

time have undertaken special initiatives and affirmative
programs for women, some of the important ones are
mentioned below:
1) The National Commission for Women
In January 1992, the Government set-up the

National Commission for Women with a specific
mandate to study and monitor all matters relating
to the constitutional and legal safeguards provided
for women, review the existing legislation to suggest
amendments wherever necessary, etc.
2) Reservation for Women in Local Self-Government
The 72nd and 73rd Constitutional Amendment Acts

passed in 1992 by Parliament ensure one-third of
the total seats for women in all elected offices in
local bodies, whether in rural or urban areas.
3) The National Plan of Action for Girl Child (1991-

2000)
This Plan of Action was to ensure the survival,

protection and development of the girl child with
the ultimate objective of building up a better future
for her.
4) National Policy for the Empowerment of Women,

2001
The Department of Women & Child Development in

the Ministry of Human Resource Development
prepared a “National Policy for the Empowerment
of Women” in the year 2001. The policy aims at
bringing about the advancement, development and

empowerment of women.
Rights of Women Under Personal/

Family Laws
In India, each religious community is governed by its
own personal or family laws, as some prefer to call
them. These laws are derived from the scriptures,
customs, and statutory codifications and are recognized
by the State. Social reforms down the centuries have
brought about many modifications but as we still do not
have a common civil code, these family laws continue
to govern the Indians in important areas of their
personal lives, such as marriage, divorce, adoption,
maintenance etc.
Despite the rapid social and economic progress and
change, century’s old attitude towards women still
persists. Laws, as they exist in India have only helped
to codify the secondary status of women, irrespective of
their religion, for its application to the life of a woman
often makes it impossible for her to lead an independent
life without male support. We shall now discuss the
provisions under some important laws, which govern
marriage, inheritance, adoption, maintenance, etc.
among the dominant religious groups. As it is not
possible to discuss all these laws in detail, the focus
shall be on the rights of women.
Rights of Women under Hindu Law
India presents a strange contradiction with regard to
position of women. Hindu mythology and tradition have
so molded the Indian woman that mythological figures
like Sita, Saraswati have become ideal figures of
womanhood. The dominant characteristics of Hindu
woman are loyalty to husband, steadfastness and
chastity. A woman’s husband is her lord, her master

and she has no separate existence.
1) Marriage and Divorce
“In childhood a female must be subject to her father, in
youth to her husband, when lord is dead, to her sons;
a woman must never be independent”, so said Manu,
the father of Hindu law centuries ago. In the 19 th
century, the British rulers passed several laws to protect
customs and traditions, while abolishing objectionable
practices like sati. Some such revolutionary laws were
Hindu Widows Remarriage Act 1865 and the Bramho
Samaj Marriage Act 1872, the forerunner of the present
Special Marriage Act.
The Hindu Marriage Act 1955 was enacted to amend
and codify the law relating to marriage among Hindus.
The Act has reformed the Hindu law of marriage and
covers entire India except the state of Jammu &
Kashmir. It contains 30 sections distributed over 6
chapters. Marriage is considered a sacred bond among
Hindus. Before the passing of The Hindu Marriage Act
1955:
- Child marriage was rampant
- divorce was not allowed
- Polygamy was allowed but not polyandry.
- Women virtually worshipped their husbands and
tolerated their cruelty
The Act has changed all this. The Act now
- Prohibits child marriage and polygamy
- Makes available the grounds of divorce to both men
and women.
Conditions of Hindu Marriage

For a Hindu marriage to be valid the following conditions
should be fulfilled:
1) neither party should have a spouse living at the
time of marriage
2) the parties should be capable of giving a valid
consent to the marriage
3) neither party, though capable of giving a valid
consent should be suffering from mental disorder
of such a kind or to such an extent as to be unfit for
marriage.
4) neither party should be suffering from recurrent
attacks of insanity or epilepsy
5) bridegroom should have attained the age of 21
years and the bride the age of 18 years at the time
of marriage.
The Hindu law lays down the conditions for registration
of marriage but does not make registration mandatory.
However, the parties can register the marriage anytime
after it is solemnized.
Void and Voidable Marriages
Void marriage is one which produces no mutual rights
and obligations between the parties. Such a marriage
does not exist in the eyes of law. A Hindu marriage is
void if,
1) either party has a spouse living at the time of
marriage
2) the marriage is between parties within prohibited
degrees of relationship
Voidable marriages are those which are void at the
option of the aggrieved party. Such marriages can be
annulled by a decree of nullity. The Hindu marriage

has been considered a sacrament, thus, unbreakable
and impossible to dissolve, but now a Hindu marriage
is voidable under the following circumstances:
1) impotence of one party
2) unsoundness of mind or mental disorder making
one party incapable of giving consent to the
marriage
3) consent by force or fraud
4) woman pregnant by a man, not her husband, at
the time of marriage.
Other grounds for separation and divorce are:
1) adultery
2) cruelty
3) desertion
4) veneral disease in a communicable form
5) leprosy,
6) presumption of death if a party has been unheard
of being alive for at least 7 years
7) one year’s separation
8) polygamy, husband’s commission of rape, sodomy
or bestiality are special grounds additionally
available to the Hindu wife.
2) Woman’s Right to Property Under the Hindu
Succession Act 1956
During the British rule the legislative interference
was restricted and adhoc, as they did not want to
offend the popular Hindu sentiments. As a consequence,
the Hindu law ceased to be responsive to the successive
new challenges. According to Gangrade, the Hindu

Woman’s Right to Property Act 1937, though a piece-
meal legislation, had repercussions on the pure Hindu
laws of succession under the Mitakshara and Dayabhaga
system. The catalyst effect of the preamble of the
Indian Constitution combined with the guarantee of
equality before law and abolition of discrimination on
grounds of birth or sex, enshrined in Article 14 and 15
respectively, was the gift of Indian Republic to the
Hindu women.
Succession to property can be either testamentary or
intestate. The Hindu Succession Act 1956 comprises
the law which deals with intestate succession and
lays the rules for the distribution of the deceased’s
property among his or her legal heirs. It extends to the
whole of India except Jammu and Kashmir and is the
lengthiest of all Hindu family laws. It has 31 sections
divided into four chapters. While the overall objective
of the law was to evolve a fairly uniform system for all
Hindus with respect to intestate succession, one aim
was to remove the inequalities between men and women
with regard to right of inheritance.
Appraisal
Though the law does not discriminate on the basis of
sex, it does put certain restrictions on the rights of the
female heirs. They are restrained from claiming partition
in the family dwelling house, till the male heirs choose
to divide their shares. However, the following rights
have been given to the Hindu female by this law:
1) Section 14 of the Act has brought about revolutionary
change in the rights of females to hold and dispose
of property, removing the distinction between
stridhana and non stridhana. She can now be an
absolute owner of any movable and immovable
property.
2) The property inherited by a female from her parent’s

side passes on to her children or grand children. In
their absence, it reverts back to her parental family.
3) Son and daughter get equal share in property.
4) Any Hindu female can, by will, dispose of property,
provided it can be disposed of by will.
5) In majority of the cases, the share of the coparcener
in the joint family property now devolves on class I
heirs, thereby improving the position of the female
relatives mentioned in class I to the schedule. This
means that the class I heirs inherit both the self
acquired and the joint family property.
6) A widow of a predeceased son or predeceased
grandson etc. cannot claim a right to the property
of the intestate, if remarried on that date. However
subsequent remarriage does not affect the right to
property already vested in her.
7) The Hindu succession (Amendment) Act, 2005
significantly enlarged the rights of the daughters
over their father’s property and makes them co-
parceners of the father’s Hindu Undivided Family
and she can also become the Karta of her father’s
HUF.
3) Adoption and Maintenance
i) Right to Adopt
Adoption is a socio-legal process whereby adults
become parents to children not born to them. According
to our Vedas “endless are the worlds of those who have
sons, there is no place for the man who is destitute of
male off spring”. As having an offspring, that too a son
was essential for a Hindu to attain ‘moksha’, adoption
in ancient times was ‘taking of son’. The Hindu Adoption
and Maintenance Act, 1956, deals with adoption by

Hindus, Sikhs, Buddhists and Jains only. In the face of
stiff opposition from the Muslim and Parsis, the
government’s efforts since Independence to pass a
uniform secular law on adoption, have proved futile.
1) The law aims to regulate and codify the process of
adoption among the Hindus and at the same time
give certain rights to the Hindu female, hitherto,
unavailable to her under the traditional Hindu
law.
2) Any male Hindu who is of sound mind and is not
a minor has the capacity to take a son or a
daughter in adoption. A person who already has a
son or a grandson cannot adopt a son, same goes
in case of daughters. A valid adoption cannot be
cancelled.
3) Any Hindu female who is of sound mind, not a
minor, can adopt even if unmarried or a divorcee.
A woman whose husband is dead or has completely
and finally renounced the world or has ceased to
be a Hindu or has been declared by a court of
competent jurisdiction to be of unsound mind,
also, has the capacity to take a son or daughter in
adoption.
4) Only the father or mother or the guardian of a
child have the capacity to give the child in adoption.
Normally a father alone has the right to give
in adoption, but not without the consent of the
mother unless the mother has been declared by a
court of competent jurisdiction to be of unsound
mind.
5) The mother may give the child in adoption, in
case the father is dead, has finally renounced the
world or has ceased to be a Hindu or has been
declared by a court of competent jurisdiction to be

of unsound mind.
6) If the adoption is of a female, by a male, or vice-
versa, the adoptive parent should be at least
twenty-one years older than the person to
be adopted.
ii) Right to Maintenance
a) Maintenance of wife
Hindu wife is entitled to be maintained by her husband
during her lifetime. A Hindu wife shall be entitled to
live separately from her husband and claim
maintenance:
 if he is guilty of desertion;
 has treated her with such cruelty;
 is suffering from a virulent form of leprosy;
 has any other wife living;
 keeps a concubine in the same house in which his
wife is living or habitually resides with a concubine
elsewhere;
A Hindu wife shall not be entitled to separate residence
and maintenance from her husband,
 if she is unchaste
 has ceased to be a Hindu by conversion to another
religion.
b) Maintenance of widowed daughter-in-law
A Hindu wife, whether married before or after the
commencement of this Act, shall be entitled to be
maintained after the death of her husband by her
father-in-law. Such obligation shall cease on the re-

marriage of the daughter-in-law.
4) Minority and Guardianship
Rights under the Hindu Minority and Guardianship
Act, 1956
 Natural guardians of a Hindu minor are listed
under Section 6, and a welcome feature is that
women are also recognized as a natural guardian,
albeit after the father. It is pertinent to note that
the right of guardianship of a minor first vests in
the father and after him in the mother. The
custody of a minor who has not completed the age
of five years shall be with the mother, in view of its
tender age. Here guardianship should not be
confused with custody as the guardianship
continues to vest with the father.
 This discriminatory approach has since been done
away by the Supreme Court judgment, whereby
now the mother is recognized a natural guardian,
even if the father is living.
 The natural guardian in relation to the person and
property of a minor married girl is her husband.
 Section 7 talks about the guardianship of a minor
adopted son, which is the same as mentioned in
Section 5 regarding the natural child. However
there is no provision in the Act as to the natural
guardianship of an adoptive daughter, even though
a minor girl can also be given and taken in adoption
under the Hindu Adoption and maintenance Act.
 Section 9 enlists the testamentary guardians and
their powers. According to the provision, the father
of a minor legitimate minor can by Will, appoint a
guardian for the minor’s person as well as property.

However, this appointment shall not come into
effect, if the father predeceases the mother, but
shall revive if the mother dies without appointing
by will any person as guardian.
 Previously under the Hindu law, even the mother
could be excluded from the guardianship by the
father. She had no power to appoint a testamentary
guardian but this Act has bestowed, more or less,
equal rights on the father and the mother, as far
as, the appointment of a testamentary guardian is
concerned.
Rights of Women under Muslim Law
Muslim law in India is largely uncodified and has to be
deduced from the sacred texts. The personal law of the
Muslims is complicated and differs from community to
community. However, Shariat is the central core of
Islam and is the infallible guide to ethics. Koran
considered as the divine revelation (the word of God) is
the highest source of Islamic law. It consists of nearly
2000 verses. Only 200 verses embody the legal
principles and eighty deal with law of personal status
(Agnes, 1999) Sunnis and Shias are the two main sects
of Islam. Sunnis are in majority in India.
a) Requisites of a Muslim Nikah
 Muslim marriage requires proposal (Ijab) from one
party and acceptance (Qubul) from the other, as is
required for a contract.
 There can be no marriage without free consent
and such consent should not be obtained by means
of coercion, fraud or undue influence.
 Just as in case of contract, entered by a guardian,

on attaining majority, so can a marriage contract
in Muslim Law be set aside by a minor on attaining
the age of puberty.
 Stipulation of mehr/dower at the time of marriage
is an important aspect of Muslim marriage, which
is meant as a safe guard to the woman. Dower can
be in cash or in kind. Till the dower is paid the
widow has the right to retain possession of her
husband’s property.
 The parties to a Muslim marriage are free to enter
into an ante- nuptial or post-nuptial agreement
which is enforceable by law. These agreements
stipulate conditions regarding dissolution of
marriage; the wife is entitled to divorce without
the intervention of the court. A woman can
stipulate conditions such as her husband would
not enter into a second marriage. If the husband
violates the conditions like any other contract, there
is also provision for the breach of marriage contract.
Other Prohibitions
 Unlawful conjunction
 Marrying a fifth wife
 Marrying a woman undergoing iddat
 Marrying a non-Muslim
 Absence of proper witnesses
 Woman contracting a second marriage during the
subsistence of the first marriage
 Marrying a pregnant women
 Marrying own divorced wife
 Marrying during pilgrimage.
b) Divorce
Marriage under Islam is only a civil contract and
not a sacrament. Divorce in the form of Talaq
pronounced by the husband is an extra judicial
pronouncement, hence, outside the ambit of our
courts. A Muslim man who has attained puberty
and is of sound mind has the right to divorce his
wife without giving any reason. If the intention to
divorce is clear, it can be pronounced even in the
absence of wife. Talaq in Muslim law is a unilateral
divorce at the behest of the husband. A husband
can leave his wife without any reasons merely by
pronouncing the word “talaq” thrice or once in
certain situations.
A Muslim woman cannot divorce the husband by
‘talaq’. To obtain divorce certain conditions are
essential, which are to be fulfilled, for her to get
the marriage dissolved under the Dissolution of
Muslim Marriage Act 1939.The husband and the
wife with mutual agreement can also put an end to
the marriage. The Muslim Women (Protection of
Rights on Divorce) Act, 1986 protects the rights of
Muslim women who have been divorced by or have
obtained divorce from their husbands.
2) Right of Inheritance
Muslim law of succession is based on rules of
succession as laid down in the Shariat. Although
the Muslim law contains many positive features
which safeguard the interests of the woman, they
have got diluted due to socio-cultural reasons and
rigidity of the orthodox sections of the community.
Prevalence of purdah, child marriage, poverty and
illiteracy have rendered women vulnerable and
increased their dependence on men.
 In the matter of inheritance, Muslim law does

not recognize the rule of survivorship.
 It recognizes the woman as the absolute owner
of any property inherited from a male or a
female.
 A woman’s share under the Muslim law is not
equal to her male counterpart. A male heir of
the same class takes a double share of a female
heir of the same class e.g. husband takes double
the share of a widow and son of a daughter.
 The man has to provide the mehr for his wife
and bear the marriage expenses of his
unmarried daughters and sisters from his share
of inheritance. A Muslim cannot will away more
than one-third of his property, not even in the
favour of the legal heirs, as they have to inherit
as per the rules of succession.
3) Maintenance
Maintenance under the Muslim law becomes obligatory
by the virtue of three reasons — namely, marriage,
relationship and property. Accordingly, the following
are entitled to maintenance:
1) Wife
2) Descendants (son, daughter, grandson, grand
daughter)
3) Ascendants (parents and grand parents)
4) Collaterals
i) Maintenance of Wife: A wife, according to Muslim
law, is entitled to maintenance from the husband,
irrespective of the fact, that she has means to maintain
herself or not. Wife’s right to get maintenance is
absolute. A husband can have four wives, but if he

marries a second woman, the first wife may claim
separate residence and maintenance.
Wife is not entitled to maintenance, if
 She has not attained puberty.
 She refuses access to husband or refuses to live
with him without any lawful excuse.
 Has been living in adultery or separately by mutual
consent.
 She has been imprisoned.
 Maintenance of wife under an Agreement
4) The Statutory Provisions
The statutory efforts in the field of Muslim law have
been ‘The Dissolution of the Marriage Act, 1939’ and
‘The Muslim Women (Protection of Rights on Divorce)
Act 1986’. The Dissolution of the Marriage Act, 1939,
touches on the grounds on which a Muslim woman may
claim divorce through court; however, it does not
contain the elaborate provisions found in other marriage
laws in India. The Muslim marriage is not governed by
the Indian Majority Act, 1875. The principles that govern
marriage under Muslim law are similar to trade
contracts based on offer, acceptance and consideration.
According to Muslim Law, marriage / ‘nikah’ is a
contract underlying a permanent relationship based on
mutual consent.
The Muslim Women (Protection of Rights on Divorce)
Act, 1986 lays down the criterion for women to be
granted maintenance after divorce. The wife is entitled
to have a reasonable and fair provision of maintenance
from her former husband. In case of children born to
her before or after her divorce, a reasonable and fair
provision has to be made and paid by her former husband

for a period of two years from the respective dates of
birth of such children; Further, an amount equal to the
sum of mehr or dower agreed at time of her marriage
also has to be given. In addition, the Act also provides
that where a divorced Muslim woman is unable to
maintain herself after the period of iddat, the magistrate
shall order such of her relatives, as would be entitled
to inherit her property on her death, to pay such
reasonable and fair maintenance to her, as he may
deem fit and proper, having regard to the needs and
standard of life of the divorced woman.
In the absence of such relatives, the magistrate may
direct State Wakf Board functioning in the area, to pay
such maintenance as determined by him. An application
of divorced wife under Section 3(2) can be disposed of
under the provisions of Sections 125 to 128, Cr. P.C. if
the parties so desire. There is no provision in the Act
which nullifies orders passed under Section 125, Cr.
P.c. The Act also does not take away any vested right
of the Muslim woman. All obligations of maintenance,
however, end with her remarriage.
The Act, thus, secures to a divorced Muslim woman
sufficient means of livelihood so that she is not thrown
on the street without a roof over her head and without
any means of sustaining herself.
Laws for Christians
i) Marriage: An Act known as “Indian Christian
Marriage Act, 1872”, relates to solemnization of
marriage of persons professing Christian religion.
Christian marriages can be solemnized by a person
who has received Episcopal ordination; any
clergyman of the Church of Scotland; any Minister
of Religion licensed under the Act; a Marriage

Registrar appointed under the Act; any person
licensed under Section 9 to grant certificates of
marriage. Marriage under Christian Law requires
a free and voluntary consent between the parties.
When there is a minor, as defined in the Act, the
consent of father or guardian is necessary. Marriage
is not permissible between the parties who are
within the prohibited degrees of relationship under
the Act. There is no legal impediment for marriage
between a Catholic and a Protestant. By marriage,
the husband and wife become one person.
ii) Divorce: The law regarding divorce, judicial
separation and allied matters is contained in the
Indian Divorce Act, 1869. The grounds for Divorce
are as follows:
 That the respondent was impotent at the time
of marriage and institution of the suit,
 That the parties are within the prohibited
degree of consanguinity or affinity,
 That either party was suffering from mental
illness at the time or marriage.
 That the former husband or wife of either party
was living at the time of marriage and the said
marriage was then in force.
 Nothing shall affect the jurisdiction of the High
Court to make decrees of nullity of marriage on
the ground that the consent of either party
was obtained by force or fraud.
The wife can seek the dissolution of marriage on the
following grounds:
 That her husband has gone through a form of
marriage with another woman.
 Incestuous adultery.
 Bigamy with adultery.
 Marriage with another woman with adultery.
 Rape, sodomy or bestiality.
 Adultery coupled with cruelty.
· Adultery coupled with desertion without reasonable
cause for two years or more.
2) Maintenance
A Christian woman can claim maintenance from her
spouse through criminal proceeding or/and civil
proceeding. Interested parties may pursue both criminal
and civil proceedings, simultaneously, as there is no
legal bar to it. In criminal proceedings, the religion of
the parties does not matter at all, unlike in civil
proceedings.
If a divorced Christian wife cannot support herself in
the post divorce period, she need not worry as a remedy
is in store for her in law. Under Section 37 of the
Indian Divorce Act, 1869, she can apply for alimony/
maintenance in a civil court or High Court and, husband
will be liable to pay her alimony, as the court may
order, till her lifetime. The Indian Divorce Act, 1869
which is only applicable to those persons who practice
the Christianity religion inter alia governs maintenance
rights of a Christian wife.
Secular Law
The Special Marriage Act, 1954
The Special Marriage Act, 1954 was enacted to provide
a special form of marriage for any person in India and
all Indian nationals in foreign countries, irrespective of
the religion or faith followed by them. The Act is a

blessing for those who want to marry across religious,
caste and regional barriers. For the good of the Indian
citizens abroad, the Act provides for the appointment of
diplomatic and consular officers as marriage officers
for solemnizing and registering marriages between
Indian citizens abroad. Notice of intended marriage in
writing in specified form is to be given to the Marriage
Officer. On receiving the notice, the marriage officer
enters it into the notice book. The marriage may be
solemnized in any form, which the parties may choose
to adopt. However, no marriage is complete and binding
unless each party says to the other in the presence of
the Marriage Officer and the three witnesses in any
language understood by the parties, ‘I take thee to be
my lawful wife/husband’. After the marriage has been
solemnized the Marriage Officer shall enter it in the
Marriage Certificate Book and this shall be signed by
the parties to the marriage and the three witnesses
and shall be conclusive evidence of the marriage.
Maintenance
Alternatively, as previously mentioned Sec.125 of
Cr.P.C.1973 is always there in the secular realm. Under
the Code of Criminal Procedure, 1973 (2 of 1974), right
of maintenance extends not only to the wife and
dependent children, but also to indigent parents and
divorced wives. Claim of the wife, etc., however, depends
on the husband having sufficient means. Claim of
maintenance for all dependent persons was limited to
Rs 500 per month but now it has been increased and
the magistrate can exercise his discretion in adjudging
a reasonable amount. Inclusion of the right of
maintenance under the Code of Criminal Procedure
has the great advantage of making the remedy both
speedy and cheap.
The Law On Dowry

In India there has been a custom since very ancient
times, wherein the parents of the bride give presents
to the bride at the time of her marriage. The landed
property was inherited by the sons and the daughter
was given her share in the form of gold and other
utility items at the time of marriage. The valuables
given were known as ‘stridhan’ and happily given by the
parents, without any demand being made from the
groom’s side. These were passed onto her children
after her or to her parents, if she died childless. It is
difficult to say at what specific point in history, stridhan
transformed into dowry, but what was once a voluntary
gesture, gradually became compulsory, so much so
that it became a social problem.
The custom of dowry has, today, taken monstrous
dimensions and given rise to many other problems
such as indebtedness, unwanted marriages,
prostitution, dowry deaths and suicides. As the evil of
dowry was assuming serious dimensions, the matter
was raised in the very first session of the Lok Sabha.
On account of increasing political and social pressure,
the Dowry Prohibition Act, l961 was passed. Although
some States already had the State laws like the Bihar
Dowry Restraint Act 1950, the Andhra Pradesh Dowry
Restraint Act 1958, a central uniform legislation to
curb the menace was very much needed.
The Salient Features of the Dowry Prohibition Act,
l961
This Act aims to prohibit the giving or taking of dowry.
It has 10 sections and extends to the whole of India.
Section 2 defines “Dowry” as any property or valuable
security given or agreed to be given either directly or
indirectly;
a) by the one party to a marriage to the other party to

the marriage; or
b) by the parent of either party to a marriage or by

any other person, to either party to the marriage or
to any other person at or before or any time after
the marriage in connection with the marriage of
the said parties but does not include dower or
mehar in the case of persons under Muslim personal
law.
Dowry, thus, is a transaction between two parties

involving cash, or other valuable articles such as
precious metals, gems, clothing, vehicles, real estate
or goods for entertainment, made as a condition for
solemnizing a marriage.
Section 3 of the Act provides for a penalty for giving or

taking dowry. Any person, who gives or takes or abets
the giving or taking of dowry is punishable under this
Act, for a term which shall not be less than five year
and with fine which shall not be less then fifteen
thousand rupees or the amount of the value of such
dowry, whichever is more.
Section 4 of the act prohibits and penalizes demanding

of dowry. If any person, demands any dowry, he shall
be punishable with imprisonment for a term which
shall not be less than six months but which may
extend to two years and with fine which may extend to
ten thousand rupees:
Section 4-A puts a ban on any advertisement offering

any share in property or money or a share in any
business or other interest as consideration for the
marriage of one’s son or daughter and makes it
punishable with imprisonment for a term which shall
not be less than six months, but which may extend to

five years, or with fine which may extend to fifteen
thousand rupees.
While section 5 makes any agreement for the giving or

taking of dowry void, Section 6 provides that dowry be
for the benefit of the wife or her heirs, thereby making
an attempt to revert to the old concept of Stridhan.
A new Section 8-A has been inserted in the Act by the

Dowry Prohibition (amendment) Act, 1986 which has
shifted the onus to the accused. In other words, where
a person is prosecuted for taking or abetting the taking
of any dowry Under Section 3, or the demanding of
dowry Under Section 4, the burden of proving that he
has not committed the offence shall lie on him. The
insertion of the new section 8-B by the Dowry
Prohibition (Amendment) Act 1986, provides for the
appointment of the Dowry Prohibition Officers, entrusted
with the following powers and functions, namely:
 To see that the provisions of this Act are complied

with
 To prevent, as far as possible, the taking or the

demanding of, dowry
 To collect such evidence as may be necessary for
the prosecution of persons committing offence under
the Act
There is a further provision for the appointment of an
advisory board for the purpose of advising and assisting
the Dowry Prohibition Officer in the efficient
performance of their functions under this Act, consisting
of, among others, not more than five social welfare
workers (out of whom at least two shall be women)
The complaint in a dowry case can be made within ten

years of marriage. The court can take cognizance of
the offence either suo motu or on a police report or on
a complaint made by the aggrieved person, his/her
relative or parent or by a recognized welfare institution
or organization. The Act also provides for setting up of
family courts for the trial of dowry cases.
Appraisal of the Act
Dowry is the classic example of an Indian social evil.

Despite the incessant campaign for its abolition and
four and a half decades during which the giving and
taking of dowry has been formally declared as an
offence, the evil practice continues unabated. What is
even more interesting is the fact that dowry, which
has been an evil, primarily associated with the Hindu
society, has today permeated all sections, be it Muslims,
Christians or Sikhs. Here the other religious groups
have no qualms about accepting a predominantly Hindu
practice. Legal restraints notwithstanding, dowry
continues to be an important ingredient of Indian
marriages, which goes to show that the spread of
education and the anti dowry law has not been able to
contain the menace of dowry from making inroads into
those castes and communities which traditionally did
not adhere to the dowry system. This goes to show that
in our country social pressures are more powerful than
the law, even when the pressure is to do the wrong
thing.
Positive Features: There are some welcome features

of the law such as the stringent punishments, making
even the demand of dowry punishable, appointment of
the dowry prohibition officer etc. The Dowry Prohibition
(amendment) Act 1986 makes the provisions of the
original law more stringent and effective. The definition
of the term dowry has now become comprehensive.

Now a list of presents received by the bride and the
bride groom is to be maintained in accordance with the
rules. Failure makes the giver and receiver liable for
punishment.
On paper it is a good law, which aims at removing a
social evil and providing legal protection to women. The
offences have been made cognizable and non-
compoundable. The penalty for giving and taking of
dowry has been enhanced under the amendment act.
Drawbacks: However, the working of the Act over the
years has revealed that the law, though good on paper,
has been poorly implemented. The provisions under
the law have been largely ineffective in arresting the
dowry menace.
 Lack of proper enforcement machinery and apathetic
attitude of the police and poor conviction rate have
reduced the efficacy of the law.
 The law depends heavily on common police for
enforcement which is already burdened. Having
regard to the country’s size and population the
successful implementation of the Act requires
gigantic administrative machinery. The original Act
failed in the absence of such a machinery so has
the amended one. A well organized and efficient
statutory machinery unfortunately is still not
available.
 Dowry is all pervasive in Indian society, more so in
the rural areas, where common law is hardly
understood. Rural women may not even be aware
that such a law exists, let alone its provisions.
 The amount of fine imposed should be equivalent to
the value of dowry taken or demanded.
 The law does not seek active cooperation of the

professional social workers for its enforcement and
implementation.
What should be done?
Dowry is a socio-legal problem; hence, law may not be
the be all and end all of the problem. The legal remedy
needs to be backed with concerted effort by all sections
of the society. Dowry has wide social acceptance and
can be eliminated by creating awareness against the
negative effects of dowry among the masses, leading to
fundamental change in their attitudes. There is an
urgent need to mobilize public opinion against dowry
through intensive educational programmes at all levels,
particularly in the rural pockets.
It is also suggested that the investigation in dowry
case should preferably be entrusted to women police
officers as far as possible because they may be socially
and psychologically more equipped to handle such cases.
Besides punishing the erring husband or his relative,
as the case may be, with a term of imprisonment, he
should be deprived of certain civic rights such as
disqualifying him from holding any public office, holding
elections etc. and his name should be widely publicized
in local newspapers.
Recently, a number of non-governmental agencies and
social organizations have done commendable work in
helping the dowry victims and exposing the perpetrators
of this crime with community assistance and guidance.
The legal-aid workers including professional social
workers, the law teachers and students should also
take the initiative in the dowry eradication campaigns
through an intensive legal literacy programme, not
only in the cities and the towns but in remote village
areas as well.
The Laws Pertaining to Immoral Traffic,

Indecent Representation and Rape
The Indecent Representation of Women (Prohibition)
Act, 1986
Vulgar and indecent representation of women in writings
and advertisements stare us from posters, magazine,
news papers and television on a regular basis. It is a
common sight to see scantily dressed women depicted
in an indecent way, provocatively positioned over cars
and bikes to attract consumers. What is alarming is
that these trends are on the rise. More and more
companies are resorting to provocative depiction of
women, suggestively posed, which is an insult to any
woman’s dignity. It is indeed unfortunate that women
continue to be depicted as sex objects. As a consequence
of the campaigns and complaints of various women
organizations, the Indecent Representation of Women
(Prohibition) Act was finally passed in December, 1986.
It has the objective to prohibit the indecent
representation of women through advertisements or in
publications, writings, paintings, figures or in any other
manner and for the matters connected therewith or
incidental thereto.
Section 2 prohibits the advertisements containing
indecent representation of women. It says that no
person shall publish, or cause to be published, or arrange
or take part in the publication or exhibition of, any
advertisement which contains indecent representation
of women in any form.
Section 3 provides that no person shall produce sell, let
to hire, distribute, circulate or send by post any books,
pamphlet, paper, slide, film, writing, drawing, painting,
photograph, representation or figure which contain
indecent representation of women in any form.
Section 4 gives the power to any gazetted officer,

authorized by the State Government, to enter and
search place in which he has reason to believe that an
offence under this Act has been or is being committed.
It also gives him the right to seize any advertisement
or any book, pamphlet, paper, slide, film, writing,
drawing, painting, photograph, representation or figure
which he has reason to believe contravenes any of the
provisions of this Act;
Under Section 5 the offender shall be punishable, on
first conviction with imprisonment of either description
for a term which may extend to two years, and with
fine which may extend to two thousand rupees, and in
the event of a second or subsequent conviction with
imprisonment for a term of not less than six months
but which may extend to five years and also with a fine
not less than ten thousand rupees but which may
extend to one lakh rupees. In case of offences by
companies, Section 6 provides that every person, who,
at the time the offence was responsible to the company
for the conduct of its business, shall be proceeded
against and punished accordingly. The offences under
the Act are cognizable and bailable.
Appraisal
Though the law fills up a long standing lacuna on the
issue of indecent representation of women, it has failed
to make any impact on the problem, which is assuming
alarming proportions by the day. The Act has failed to
touch upon some crucial points.
 Firstly, though the purpose of the Act is to prevent
indecent representation of women in hoardings,
literature, and other visual representations, it is
silent about advertising on television.
· Secondly, there is nothing in the law which makes

the action under this Act obligatory. If the officials
charged with implementing the law do not perceive
any indecency in a particular advertisement or
poster, they may not be obliged to do anything
about it.
 Thirdly, the machinery required for the effective
implementation of the law is conspicuous by its
absence, making this piece of legislation yet another
case of the proverbial paper tiger that lacks the
bite.
 Lastly, the conviction rate under this law has been
a virtual zero.
Thus, we see that the law is vague on many pertinent
points and inadequate to attend to the magnitude of
the problem of sexist depiction of women in media. As
aptly put by Nandita Gandhi, the law can well become
a case study of a still born legislative effort. Complaints
and disgust are not always enough for the making of a
comprehensive and effective legislation.
The Immoral Traffic (Prevention) Act, 1956
The problem of human trafficking is not a contemporary
problem but has been there at all times in all societies,
the magnitude, albeit, is unparalleled. The shrinking
globe, the increasing mobility, the porous borders have
made the problem intense and remedial action difficult.
The Immoral Traffic (Prevention) Act, 1956 was passed
by parliament pursuant to the International Convention
signed at New York on the 9th day of May, 1950, for the
prevention of immoral traffic. The Act prescribes
punishments for the various acts related to prostitution.
The following acts have been made punishable:
 Keeping or managing of a brothel and knowingly

living of the earnings of a prostitute (the punishment
gets more stringent, if such earnings relate to the
prostitution of a child or a minor)
 Procuring, inducing or taking a person for the sake
of prostitution; if the person in respect of whom an
offence under this sub- section is committed is a
child, the punishment gets more rigorous
 Detaining a person on premises where prostitution
is carried on, with or without her consent. If a
person is found with a child in a brothel, it shall be
presumed, unless the contrary is proved, that he
has committed an offence.
 Prostitution in or in the vicinity of public place i.e.
places which are within a distance of two hundred
meters of any place of public religious worship,
educational institution, hotel, hospital, nursing
home etc.
 Permitting prostitutes for purposes of their trade to
remain in one’s place.
 Seducing or soliciting for purpose of prostitution,
as to be seen or heard from any public place or
house.
 The Act makes provision for the appointment of
special police officers and advisory body for dealing
with offences under this Act. If a Magistrate has
reason to believe that a person is living, carrying,
or is being made to carry on, prostitution in a
brothel, he may direct a police officer not below the
rank of a sub-inspector to enter such brothel and
to remove such person and produce her before him.
 A person who is carrying on, or is being made to
carry on prostitution, may make an application, to
the Magistrate within the local limits jurisdiction

for an order that she may be kept in a protective
home, or provided care and protection by the court
 The State Government may in its discretion
establish as many protective homes and corrective
institutions under this Act as it thinks fit, which
shall be maintained in the prescribed manner.
Appraisal
There are a few provisions in the Act which go to make
it a good piece of Social Legislation.
1) As social workers we are happy to see that this law
in not in favour of excessive institutionalization.
2) For the enforcement of a law, the help of a social
worker has been taken which is a good provision.
3) This law takes care of all the victims, irrespective
of the fact whether they have violated law or not.
Protection is given to those victims also who are in
the danger of getting trapped into prostitution or
likely to become the victims. There are three-
approaches to any problem, namely, Preventive,
curative and After-care and this law takes care of
all these.
Loopholes
1) The first difficulty in the enforcement of this law is
the lack of women police officers. Another grave
hindrance is the corruption prevalent among the
police officials; they more than often have a regular
share in the income of the brothels. This trade
cannot survive without the assistance of the police.
2) If the police come to know that in a particular area
a brothel is being run to raid the place they need
bogus customers. Often they fail to convince people

for this job because people refrain from getting
themselves involved in these things. They have to
make panchnama for which they require five
witnesses which again are difficult to secure. Here
they don’t get cooperation of common public.
3) The law only concentrates on the supplier side. No
provision is there to punish the customers.
4) The advisory committee including social workers is
usually for name sake only.
5) The number of protective and corrective homes is
inadequate and insufficient.
The law makes prostitution difficult but not impossible.
The idea is not to render prostitution per se a criminal
offence. If carried on in a public place or by two or more
people it is punishable. So it is plausible to conclude
that the law is not serious about eradicating this age
old practice but only interested in ensuring that it is
not a public nuisance. There are many difficulties in
enforcing this law and it seems that some laws are
made only to be violated. One thing is sure; social evils
cannot be removed through law alone, no matter how
excellent. The law does not seem to have made much
impact on the evil of prostitution in this country, hence
has not truly served the purpose for which is has been
enacted.
The Law on Rape
Rape is a gruesome reality that exists, no matter how
much we would like it to perish. Rape, the mere mention
of the word has always evoked terror and fear among
women since time immemorial, yet the society has not
given it the serious attention, it deserves. . “When the
body of a woman is violated, physically, mentally and
emotionally she goes through a phase of shock, disbelief,

anger and shame.” Despite the existing long Indian
legislative history, it is indeed unfortunate that we are
still nowhere near a single comprehensive piece of
legislation, which deals with sexual offences as a
category. While there is no law to define sexual
harassment, for rape, a woman has to seek relief
under the common law – The Indian Penal Code – an
archaic law reflective of the partisan mindset of our
legislators, enforced by a judiciary quite often exhibiting
a similar mindset. In India rape is defined by our
traditional common law, the Indian Penal Code Under
Section 375, as follows:
A man is said to commit rape, if he has sexual
intercourse with a woman in circumstances falling
under any of the six following descriptions:
 against her will.
 without her consent.
 with her consent, when her consent has been
obtained by putting her or any person in whom she
is interested in fear of death or of hurt.
 with the consent, when the man knows that he is
not her husband and that her consent is given
because she believes that he is another man to
whom she is or believes herself to be lawfully
married.
 with her consent when at the time of giving such
consent by reason of unsoundness of mind or
intoxication or the administration by him personally
or through another of any stupefying or
unwholesome substance, she is unable to
understand the nature and consequences of that
to which she gives consent.
 with or without her consent when she is under 15

years of age.
To put it simply, a man is said to have committed rape,
if he has sexual intercourse with a woman other than
his wife and being his wife, below 15 years of age, by
force or threat of force. Marital rape is not an offence,
except where the girl is below 15 years of age or
is judicially or customarily separated from her husband.
We can classify rape into five categories.
Classification of Forms of Rape
Type Ex planation Punishment
Child Rape of a girl below Rigorous punishment for a

Rape 12 years term not less than 10 years
of imprisonment for life plus
fine.
Custodial Rape by a police officer/ Rigorous punishment for a

Public servant/ staff of term not Rape less than 10
a jail or remand years or imprisonment
home/ management or for life plus fine.
staff of a hospital.
Gang Rape by more than one Rigorous punishment for a term

Rape person not less than 10 years
or imprisonment for life
plus fine.
Rape of a Rape of a Pregnant Rigorous punishment for a term

Pregnant Women not less than 10 years or Women
imprisonment for life plus fine.
Marital Forced sexual intercourse Rigorous punishment for a

Rape with ones own wife term not less than 10 years
below15 years of age or or imprisonment for life plus
when she is judicially or fine.
customarily separated.
Ordinary All other rapes except Rigorous punishment for 7-10

Rape the ones mentioned years.
above.
In all the above cases of rape, there is a proviso, which

gives discretionary powers to the court to impose a
lesser sentence for adequate and special reasons to be
mentioned in the judgment.
Appraisal of the Law

The Indian Penal code was amended to provide that in
any situation of custodial rape where the question is
whether or not sexual intercourse was without the
consent of the woman and she gives evidence before
the court that she did not consent, the court would
presume she did not consent to such intercourse. The
law now also provides that the trial of rape must be
held behind closed doors and introduces prohibition
against the disclosure of the identity of the victims of
rape (Under Section 228-A CRPC)
According to Justice Saldanha, rape is defined as sexual

intercourse without the consent of the woman and has
nothing to do with moral character; even a prostitute
has the right to choose her client. He also recommended
some changes in the judicial function in regard to the
quantum of punishment given to the accused. “If a
minor has been raped, the punishment should be
stepped up to a death penalty. There is a controversy
surrounding the death penalty, but if the judge uses
his discretion, the death penalty can be awarded.”
How to Make the Law Effective?
The following are recommended to make the law

effective in dealing with the problem of rape:
 A comprehensive separate law on rape should be

enacted without any delay.
 An anti-rape cell should be established to secure

speedy justice for rape victims.
 Special courts should be set up in every state to

deal with rape cases in court.
 The cases must be handled with sensitivity by

investigating officers and the hearings of the rape
victims must be held without taunts and derision
from the prosecuting party.
 Women judges should be assigned to hear such

cases and there must be mandatory deadline of six
months prescribed for the cases to be disposed of.
 The police needs to be sensitized to handle the

cases of rape so that more women come forward to
register the offence with the police.
 Though marital rape is the most common and
repugnant form of masochism, Indian law does not
consider it a crime. There should be a reappraisal
of the statute to cover marital rape.
 The punishments should be made more stringent
and rape victim should be offered compensation. If
a minor has been raped, the punishment should be
stepped up to a death penalty.
 Professional social workers, NGOs and other
women’s organizations should be involved in the
implementation of the Act especially to help victims
reshape their lives.
The trauma suffered by the victims of rape and the
social handicaps faced, thereafter, have not received
the attention they deserve from the society at large
and the law makers in particular. The victim’s suffering
is further compounded by insensitive and inefficient
medical and forensic examinations, police investigations
and lack of counseling. The specific law on Rape,
whenever passed, should envisage a greater role for
professional social workers.
The Law Governing Sex Selection

Gender discrimination has been a perennial problem
and son preference it’s most evident manifestation in
our society. Modern science and technology have not
helped the situation, albeit made it worse. Science and
technology, blatantly misused for perpetuating and
aiding discrimination against women, has in fact, helped
us to progress from the traditional female infanticide
to the modern sex selective abortions. Sex ratio in the
0-6 group has seen a drastic decline over the years
from 979 females per 1,000 males in 1981 to 945 per
1,000 in 1991 and down to 927 per 1,000 in 2001. This
data from our census bears testimony to the deeply
entrenched son preference and this had to be checked.
The Pre Natal Diagnostic Tests (Regulation and
Prohibition of Misuse) Act, 1994, the PNDT Act, in
short, has been the first step in this direction. The
passing of the law was no easy task and owes its
existence to the incessant campaign and struggle of
The Forum against Sex Determination and Sex Pre-
selection, (FASDSP).
The PNDT Act, despite being in force since January
1996, had not shown any evidence of stopping the
practice of female foeticide. The indifferent attitude of
the State to the issue and the poor implementation of
the law lead to the filing of a Public Interest Litigation
in the Supreme Court by Sabu George, the Centre for
Enquiry into Health and Allied Theme (CEHAT) and the
Mahila Sarvangeen Utkarsh Mandal (MASUM). They
urged the Supreme Court for the effective
implementation of the PNDT Act. The Supreme Court
passed an order on 4 th may 2001 entrusting the
responsibility of examining the necessity of amending
the Act to the central supervisory board and to make
necessary recommendations to the Central Government
based on it’s order. Subsequently, the parliament passed

the Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 2002. (PCPNDT Act)
aimed at banning the pre-conception sex selection
techniques and prohibiting the misuse of pre-natal
diagnostic techniques for sex-selective abortions.
Salient Features
· The Act makes mandatory, the compulsory
registration of all diagnostic clinics and laboratories.
It also makes mandatory the registration of ultra
sound machines for use in the pre diagnostic tests
with the appropriate authority.
 Now under the law, all genetic counseling centers,
genetic laboratories, genetic clinics and ultra sound
clinics involved in diagnosis for gynecological or
other purposes have to maintain records of all the
tests conducted by them. Any person who does
ultra- sound test/ scan/procedure has to keep
records indicating the woman’s complete name,
address, husband’s name as well as name and
address of the doctor/medical practitioner who
referred the case along with the reasons for the
referral.
 One of the objectives of the PIL was the upgradation
of the PNDT Act by bringing into its ambit the
recently developed pre-conception sex selection
techniques. In line with this demand, techniques
like Ericsson method (X and Y chromosome
separation) and Pre-implantation Genetic (PGD)
have now been covered by this law.
 The Act prohibits communicating the sex of the
foetus to any one. It states that no person can
communicate to the concerned pregnant woman or
her relatives or any other person the sex of the

foetus by words signs or any other manner while
conducting prenatal diagnostic procedures.
 The Act now allows only qualified persons to use

prenatal diagnostic techniques. The reasons for
testing have to be recorded in writing and can be
done in conditions given below.
— The pregnant woman should be above 35 years;
— She has undergone two or more spontaneous

abortions or foetal loss;
— She had been exposed to potentially teratogenic

agents such as radiation, infection or chemicals.
— She has a family history of mental retardation

or physical deformities.
 With a Central Supervisory Board already in

operation at the centre, the Act provides for the
constitution of State Level Supervisory Boards (SLB)
to monitor the implementation of the Act. The
SLBs shall comprise members from Minister in-
charge of Family Welfare in the state to various
health officials. It shall also include ten members
to be appointed by the State Government, two each
from amongst —
 Eminent Social Scientists
 Eminent Women Activists
 Eminent Gynecologists &Obstetricians.
 Eminent Pediatricians.
 Eminent Radiologists
The Supervisory Body, besides other functions shall

create public awareness against the practice of
pre-conception sex selection; review the activities
of the appropriate authorities and take appropriate
action in case of dereliction of duty; and monitor
and review implementation of the provisions of the
Act.
 Any violation of the Act, including unlicensed labs,

leads to seizure of equipments. The fine for those
who indulge in sex selection procedure has been
doubled from Rs. 50,000 to Rs.1 lakh with additional
provisions for the suspension and cancellation of
the registration of those as a medical Practitioner
by the concerned Medical Council/ any other
Registering Authority.
The Act was passed with the aim to regulate the use of
Pre-natal diagnostic techniques for the purpose of
detecting genetic abnormalities and the prevention of
the misuse of these for the purpose of pre-natal sex
determination leading to female foeticide. It has thus
filled a long standing legal vacuum. The implementation
of the PNDT Act 1994 and the subsequent PCPNDT Act
2002, however, have left a lot to be desired. The various
bodies provided under the Act have either not been
constituted, or even if constituted, have been largely
ineffective in preventing the contravention of the Act.
 The private laboratories and clinics are only

required to be registered, than banned from carrying
out sex-determination tests. Actions have rarely
been taken on the complaints made by the activist
groups. With the proliferation of the private labs
and clinics, it has become difficult to exercise any
controls over them. The law is not an end in itself
or adequate by itself to mitigate any problem. Though

impossible to keep vigilance over thousands of Sex
Determination clinics spread over the country,
strict action against a few defaulters can have a
salutary effect.
The health activists, legal bodies, women’s

organizations, NGO’S, media and professional social
workers in collaboration with the Indian Medical
Association need to take strong measures to stop the
menace by building strong public opinion against the
abuse of sex-determination and sex pre-selection
techniques. Hence these stake holders should come
together and see that the provisions of the Act are
implemented to its fullest extent. Whatever may be the
constrains of the present legal system and the broader
social system, within which it operates, a more
comprehensive nation-wide law on sex determination
tests is urgently needed, notwithstanding the fact that
law is no means an end in itself, nor will it be sufficient
to deal with the problem.
The Protection of Women From Violence

Act, 2005
The Protection of Women from Domestic Violence Act,
2005 came into force from 26th October, 2006. Domestic
or Family violence is one of the leading causes of
female oppression in our country. Presently, domestic
violence is addressed under Section 498 A of the Indian
Penal Code, 1860. This section,however, has proved its
inadequacy in seriously tackling this endemic problem.
The Protection of Women from Domestic Violence Act,
2005 was enacted for effective protection of the rights
of the women as guaranteed under the Constitution.
Main Features of the Act
1) Domestic violence as defined under Section 3 of

the Act includes actual abuse or the threat of
abuse, whether physical, sexual, verbal, emotional
or economic. Harassment by way of unlawful dowry
demands to the woman or her relatives is also
covered under this definition.
2) The information regarding an act or acts of domestic

violence does not necessarily have to be lodged by
the aggrieved party but by “any person who has
reason to believe that” such an act has been or is
being committed. The implication is that even the
neighbours, social workers, relatives etc. can all
take initiative on behalf of the victim. [Chapter III
- Sec. 4.]
3) The fear of being driven out of the house effectively

silenced many women. The court, by this new Act,
can now order that she not only reside in the
same house but that a part of the house be
allotted to her for her personal use, even if she
has no legal claim or share in the property. [Chapter
IV- Sec. 17]
4) The Act protects the woman not only from acts of

violence to which she is subjected but even acts
that are likely to take place in the future and also
prohibits the aggressor from dispossessing the
aggrieved person or in any other manner disturbing
her possessions or entering the aggrieved person’s
place of work. [Chapter IV- Sec. 18]
5) The accused can also be restrained from attempting
to communicate in any form, whatsoever, with the
aggrieved person, including personal, oral, written,
electronic or telephonic contact. He can even be

prohibited from entering the room/area/house that
is allotted to her by the court.
6) The Act empowers the magistrates to impose
monetary relief and monthly payments of
maintenance and even ask the accused to meet
the expenses incurred and losses suffered by the
aggrieved person and any child of the aggrieved
person as a result of domestic violence and can
also cover loss of earnings, medical expenses etc.
The accused can also be asked to pay compensation
and damages for injuries including mental torture
and emotional distress caused by acts of domestic
violence.
7) The offences under the Act are cognizable and
non-bailable and invite a penalty of up to one year
imprisonment and/or a fine up to Rs. 20,000/- and
just on the testimony of the aggrieved person, the
court may conclude that an offence has been
committed by the accused”
Positive Features
 Primarily meant to provide protection to the wife or
female live-in partner from violence at the hands
of the husband or male live-in partner or his
relatives, the law also extends its protection to
women who are sisters, widows or mothers.
 A unique feature of the Act is that it ensures
speedy justice, as the court has to start proceedings
and have the first hearing within 3 days of the
complaint being filed in court and every case has
to be disposed of within a period of sixty days of the
first hearing.
 Sometimes in camera proceedings can protect the
aggrieved woman from a lot of humiliation and
shame especially in cases where explicit acts of

sexual abuse and violence are being discussed in
an open court and it allows for her dignity and
privacy to be maintained.
 Another good feature is that the Act makes provision

for the assistance of welfare experts to the
aggrieved, if found necessary by the Magistrate.
The Act provides for appointment of Protection
Officers and NGOs to assist the woman for medical
examination, legal aid, safe shelter, etc.
 A novel feature of the Act is that non-compliance

and improper discharge of duties by the Protection
Officer has also been made an offence under the
Act.
Drawbacks
 Chances of the Act being misused are enormous.

The presence of the malafide intentions on part of
one party to harass the other cannot be ruled out.
 The trial should be held in camera not when either

party so desires but only if the aggrieved party so
desires. Also, the aggrieved party should be allowed
to be accompanied by a relative/woman social
worker etc. of her choice for moral support.
 There is also a doubt as to whether this Act can be

thoroughly implemented by the administrative
bodies. Can the Police, Protection Officers and
NGO’s really do their work efficiently? This is a
question with no sure answer.
The objectives of the Act can be achieved only with an
effective implementation in the rural areas, where
access to legal justice is still a distant reality. The
government should ensure a wide publicity of the

provisions of the Act in these areas through every
possible means. Within the existing unjust and unequal
system, the Act of legislature that gives oppressed
women some respite. Hopefully, the contradictions will
be so heightened that society will have to go in for
more long-lasting solutions.
Conclusion
Indian women continue to be a voiceless mass. It is
high time that the women of our country get a
respectable and dignified place in the society, not as
an act of charity but as a matter of right. Our
Constitution and the various laws enacted from time to
time have conferred various rights and privileges on
women. The Constitution has endowed them, among
other rights, the all important right to equality. Laws
such as Dowry Prohibition Act, Immoral Traffic
Prevention Act, the Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition of Sex Selection)
Act, Maternity Benefit Act, Indecent Representation of
Women Prohibition Act have been significant legislative
enactments for women. Personal laws governing
marriage, divorce, adoption, maintenance etc. among
different religions, have further strengthened their
position. However, a review of the implementation of
these laws often leaves much to be desired. The non-
implementation of the laws on dowry, immoral traffic,
child marriage, sex selection, are glaring examples.
There is a growing disillusionment among women
organizations about the effective role of law. According
to most, the laws specifically related to women’s issues
are too inadequate to bring about any substantial
change. The general observation has been that though
the Government enacts progressive legislations under
popular demand, they drag their feet at the time of
their implementation. The bodies which are vitally

important for the actual implementation of the Act are
mostly not constituted and if constituted rarely function
effectively. The lack of political will along with rampant
corruption have been major hurdles in the
implementation of several progressive legislations.
Many laws specifically enacted for women have been in
existence for a good number of years, but their impact
on the targeted problems and issues is yet to be seen;
the Prohibition of Dowry Act is a case in point. Dowry,
an evil, primarily associated with the Hindu society,
has today permeated all sections of society, be it
Muslims, Christians or Sikhs. Legal restraints
notwithstanding, dowry continues to be an important
ingredient of Indian marriages, which goes to show
that the spread of education and the anti dowry law
has not been able to contain the menace of dowry from
making inroads into those castes and communities,
which traditionally did not adhere to the dowry system.
If the number of laws enacted for women are any
parameter to measure gender equality, then India,
undoubtedly, would beat all countries of the world. The
reality, however, is altogether different, as our laws,
not only suffer from procedural lacuna but are dismally
low on the implementation count. Even though there
are provisions in the Indian laws for punishing the
person guilty of molestation, rape, eve-teasing and
other manifestations of sexual harassment, they are
seldom used because the criminal procedure is
cumbersome and it takes an unduly long time for the
criminal courts to dispose of matters. The investigating
and enforcement authorities, usually, adopt a
lackadaisical approach to these issues. At home the
women are victims of domestic violence and at
workplace the employer is insensitive to their demands
and requirements.
Law by itself is dormant and neutral. Not only our laws
but the machinery for its implementation too, such as
the police, legal professionals and judiciary needs to
be sensitized. It is important that the various laws
enacted for women do not remain on the statute book.
The need is to simplify procedures in the court by
making them less cumbersome, reduce costs and
delays, and make the machinery for the implementation
of the laws more approachable, efficient and corruption
free. Finally, women themselves have to play a key
role in changing the status quo. They can begin by
being conscious of their rights, and realising that they
are entitled to as much dignity and respect as men.
References
publishing Company, New Delhi.
Jaisingh, Indira, Law of Domestic Violence (2007)(2nd Ed.)
Universal Law Publishing Co. Pvt Ltd, Delhi.
16
Legal Provisions for Persons with

Disability
* Ranjana Sehgal
Introduction
Amartya Sen has rightly said that “human beings are
thoroughly diverse. We differ from each other not only
in external characteristics (e.g. in inherited fortunes,
in the natural and social environment in which we
live) but also in our personal characteristics (e.g. age,
sex, proneness to illness, physical and mental abilities).
The assessment of claims of equality has to come to
terms with the existence of pervasive human diversity.”
There have been and are at all times of history, certain
social groups whom we consider as oppressed and who
are compelled to live as second class citizens because
they are denied access to opportunities and benefits
that are taken for granted by the mainstream groups.
These are the groups who for reasons of age, sex, race,
physical and mental disabilities and for social forces
beyond their control, find themselves in difficult
situations. ‘Oppression is systematic and is produced
and reproduced in everyday social practices and
processes in ways that serve the dominant group. It is
not a technical problem amenable to technical solutions,
but a moral and political problem requiring
transformation of the entire constellation of the society’s
oppressive rules, processes and practices’ (Bob Mullay)
The diversity of our country has produced a colorful
mosaic, which conceals within itself another diversity
which has resulted in a social order characterized

Legal Provisions for Persons with Disability 421
by social inequalities and denial of opportunities. Even

after 60 years of independence these disparities persist.
Today, we have bureaucratic values and systems which
are out of sync with the needs of the people. Our track
record has been dismal as far as the elimination of
child labor, prevention of atrocities on scheduled castes
and scheduled tribes, protection of the rights of the
women is concerned.
Disability of any kind is a curse. Despite the existing
laws and the various policies and programs of the
government and the non-government sector, people
with disabilities continue to face socio-cultural and
attitudinal hurdles. Their social exclusion, neglect and
discrimination subsist despite an increasing
consciousness about the rights of the disabled. If we
want to create a social order which is just, fair and
equitable, we have to shed our traditional construct of
the concept of disability and give the disadvantaged
groups their rightful place in society. One who is socially
or economically handicapped may also be handicapped
to defend his or her legal rights; as not only is litigation
expensive but complex as well. However, the time has
now come for the Indian justice system to wage a war
against injustice and inhumanity, to ensure that new
institutions based upon principle of equality and non-
discrimination be set up to safeguard the interest of
these sections.
Laws for the Persons with Physical and
Mental Disabilities
Conventionally one mechanism adopted by democratic
societies has been to translate their social policy
prescriptions into law. Historically, persons with
physical and mental disabilities have been
characterized by poverty and have been a neglected,
segregated and isolated lot. Not only have they been
subjected to numerous deprivations, they still are
waiting for their chance to be integrated into the

mainstream society. It is not to say that there have
been no special measures undertaken for these
groups. The government since independence did
accept its responsibility towards the disabled sections
of the population and launched various schemes
and programs for their welfare and rehabilitation,
focusing on measures to promote their education
and employment opportunities. The voluntary
organizations working in the field have been the
beneficiaries of the Government grant–in-aid services.
Promotion of rehabilitation and technological
research, direct assistance and measures for the
prevention and early detection of disability are some
of the other initiatives taken by the Government.
However, the measures adopted so far have been
largely adhoc and piecemeal and defined by lack of
coordination among different agencies. The person
suffering from disability requires support, albeit, a
change in society’s attitude which should now adapt
its environment, structures and activities to his
needs. The society needs to modify itself to meet
their needs.
Table : Data on Disability
S.No. Head Persons Males Females
A Total Population 1,028,610,328 532,156,772 469,453,556
B Total Disabled 21,906,769 12,605,635 9,301,134

Population
Disabled Population 2,130 2,369 1,874

(per lakh)
D Type of Disability:
(a) In seeing 10,634,881 5,732,338 4,902,543
(48.5%) (45.5%) (52.7%)

(b) In speech 1,640,868 942,095 698,773
(7.5%) (7.5%) (7.5%)
(c) In hearing 1,261,722 673,797 587,925
(5.8%) (5.3%) (6.3%)
(d) In movement 6,105,477 3,902,752 2,202,725
(27.9%) (31.0%) (23.7%)
(e) Mental 2,263,821 1,354,653 909,168
(10.3%) (10.7%) (9.8%)
Source: Census of India 2001 India

(Excludes Mao-Maram, Paomata and Purul sub-divisions
of Senapati district of Manipur.)
The data on disability as presented in the table above
does not present a happy picture. According to the
Census of India, 2001, there are nearly 22 million
persons with various physical and mental disabilities,
of which nearly 13 million are men and 9 million are
women. The visually impaired constitute the largest
group (48 per cent) of the total population of the disabled,
followed by those suffering from disability in movement
(28 per cent). The persons suffering from mental
disability also constitute a significant 10 per cent. The
question before us, that needs an honest answer is
that, have we as a nation taken serious measures to
integrate the persons with disabilities into the
mainstream society and ensure their participation in
all walks of life? Let us have an overview of the
legislative measures adopted by the Indian State for
their upliftment and empowerment.
Article 15 of the Indian Constitution prohibits
discrimination on the grounds of religion, race, caste,
sex or place of birth. Interestingly though, persons with
disabilities as a group do not find a specific mention

here, the constitutional guarantee is available to all.
Again we need to ask, have we put in place the machinery
and mechanisms to reach these constitutional guarantees
to those for whom they are meant? The truth of the
matter is that laws for the persons with mental and
physical disabilities have been virtually non-existent
till a few years ago. The following legal enactments
are now available to these persons in our country to
protect their Rights:
 ‘The Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act,
1995
 The Mental Health Act, 1987
 Rehabilitation Council of India Act, 1992
 Protection of Human Rights Act,1993
 The National Trust for Welfare of Persons with

Autism, Cerebral Palsy Mental Retardation and
multiple Disabilities Act, 1999.
As it is not possible to examine all these laws in detail,

we shall be reviewing the two important enactments,
namely, ‘The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation)
Act, 1995 and the Mental Health Act 1987.
A major landmark step on the legislative front has been

the enactment of ‘The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation)
Act, 1995 which has filled up the legislative lacuna for
the rights of the persons with physical disabilities only
recently.
‘The Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act, 1995’
This law was passed by the parliament in the forty-

sixth year of the Republic of India. It has 74 sections
spread over 14 chapters, making it a fairly long and
comprehensive piece of legislation.
Salient Features
Disability under section 2 has been defined to include

the following seven categories:
1) Blindness
2) Low vision
3) Leprosy-cured
4) Hearing impairment
5) Locomotors disability
6) Mental retardation
7) Mental illness
Who is a Person with Disability? –According to “The

Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995”,
the disability should not be less than 40 per cent. A
person is said to be blind when he/she suffers from
total absence of sight, or visual acuity not exceeding
6160 or 201200(snellen) in better eye with correcting
lenses, or limitation of the field of vision subtending
an angle of 20 degree or worse. A person is diagnosed
as of low vision when he comes with impairment of
visual functioning even after treatment or standard
refractive correction but uses vision for the planning

or execution of a task with appropriate assistive device.
Diagnosis for the Leprosy-cured is done when a person
has been cured of leprosy but is suffering from, loss
of sensation in hands or feet as well as loss of
sensation and paresis in the eye and eyelid or/and
extreme physical deformity as well as advanced age
which prevents him from undertaking any gainful
occupation. The hearing impaired is one who is having
loss of sixty decibels or more in the better ear in the
conversational range. Locomotor disability means a
disability of bones, joints, muscles leading to
substantial restriction of the movement of limbs or
any form of cerebral palsy. Mental retardation means
a condition of arrested or incomplete development of
mind of person which is specially characterized by sub
normality of intelligence, another diagnosis of disability
made under the head of mental illness means any
mental disorder other than mental retardation.
Provisions for the Prevention and Detection of

Disabilities –The Act enjoins upon the appropriate
governments and local authorities to take the following
steps for the prevention of occurrence of disability as
given below:
 Investigation and research into the causes of

occurrence of disability,
 Promotionofvariousmethodsofpreventingdisabilities,
 Screening all children at least once in a year for

the purpose of identifying “at-risk” cases,
 Providing facilities for training to the staff at the

primary health centers for identifying and guiding
those who has a problem,
 Running awareness campaigns for the causative

factors of disabilities,
 Taking measures for pre-natal, intra-natal and

postnatal care of mother and child.
Provisions for Education— Appropriate government and

local authorities are to take the following steps for the
education of the persons with disabilities:
 Ensure that the every child with a disability has

access to free education till the age of eighteen
years,
 Promote the integration of students with disabilities

in the normal schools,
 Promote setting up of special schools,
 Promote vocational training in special schools,
 conduct part time classes for those who could not

continue their studies on a whole- time basis,
 Conduct part time classes for providing functional

literacy for age group sixteen and above,
 Impart education through open schools or open

universities,
 Provide free of cost special books and equipments

needed for education,
 Provide transport facilities for children with

disabilities to attend school,
 Remove architectural barriers from schools, colleges

or other institutions who are providing vocational
and professional training,
 Supply books, uniforms and other materials to

children with disabilities attending school,
 Grant scholarship to students with disabilities,

and restructure the curriculum for their benefit.
Provision for Employment – Social workers in order to

make their clients with disability self dependent should
know the provisions of the Act for their employmen.
According to the Act appropriate governments and
local authorities are to take the following steps for
the employment of persons with disabilities:
 identify posts to be reserved and review them

every three years,
 reservation, not less than 3 per cent, in jobs,
 special employment exchange,
 launch schemes for ensuring employment,
 reservation of 3 per cent seats in all educational

institutions and poverty alleviation schemes,
one percent each for blind, hearing impaired,
and those having loco motor disability or cerebral
palsy.
Provisions for Non- Discrimination— Discrimination

on grounds of disability, which does not even find a
mention in our constitution, is recognized under this
law wherein explicit legal safeguards have been
provided against discrimination on the basis of
disability in matters of public employment and
access to public facilities. A chapter entitled
Non-Discrimination makes provisions as depicted
below:
NON – DISCRIMINATION
IN
TRANSPORT
HOSPITALS, PRIMARY HEALTH CENTRES
REHABILITATION INSTITUTIONS
ON THE ROAD
GOVERNMENT
EMPLOYEMENT
BUILDINGS
AFFIRMATIVE ACTION
Provision for Affirmative Action

PREFERENTIAL ALLOTMENT OF
PROVIDE AIDS & APPLIANCES
LAND
AT CONCESSIONAL RATES FOR
FACTORIES
HOUSE
RESEARCH
SETTING UP OF CENTRES
BUSINESS
SPECIAL SPECIAL
RECREATION SCHOOLS
CENTRES
Machinery for the Implementation of the Act— The

following machinery has been provided for
implementation the law:
MACHINERY FOR THE IMPLEMENTATION
CHIEF COMMISSIONER TO BE APPOINTED CENTRAL CO-ORDINATION

BY THE CENTRAL GOVERNMENT COMMITTEE
COMMISSIONERS TO BE APPOINTED BY THE STATE COORDINATION

STATE GOVERNMENT COMMITTEE
Appraisal
The Act is a major landmark in the evolution of
jurisprudence protecting the rights of the persons with
disabilities. An area which barely had any visibility has
suddenly come into focus. Welfare is not a matter of
charity but are today oriented to Prevention –
Development –Rehabilitation. From curative and
custodial approach we have moved to the developmental
approach which is indeed a step in the right direction.
The present law is an expression of India’s policy on
the differently able and reflects this changed attitude
and perspective to the disability issue.
Positive Features
 The law is a welcome step in the right direction
filling up a long standing legal lacuna; a reflection
of the changed societal attitude to the special
needs of the differently able.
 An ambitious endeavor as it lists the desirable
goals for the persons with disabilities in the field of
education, employment and access to public life.
 Not only have the appropriate Governments have
been asked to identify posts which can be reserved
for persons with disabilities, but have to at
periodical- intervals not exceeding three years,
review and update the list.
 The provision for three per cent reservations in
jobs, one per cent each for those who are blind,
have hearing impairment, have loco motor disability
or cerebral palsy is significant.
 Provision for establishment of special exchange to
which the employer in every establishment has to
furnish information about vacancies for persons for
disability is the recognition of the right of the

persons with disabilities to seek gainful employed
and lead a dignified life.
 From the perspective of the persons with the
disabilities the provisions relating to education are
of great significance. For the first time there is
provision for a comprehensive education package
for this group with a thrust on inclusive and
integrated education. (special and integrated
education/ pre-school/ non formal/ part time)
 The need for awareness building and emphasis on
prevention of exploitation is a unique feature of
this law.
Loopholes
Though a great piece of social legislation, the twelve
years of its enforcement have revealed many
weaknesses. As is the case with most of our social
laws, this one too is poor on the implementation front.
Under pressure from the disability movement, the
government has agreed to review the Act and even
constituted a committee for the purpose, however, a
concrete proposal before the parliament to plug the
loopholes has yet to emerge.
 The law seems to be only a half hearted attempt to
address the disability issue in the absence of clear
mandatory directions inviting penal action.
 There is a gap between what the need is and what
has been provided. The law promises a great deal
but gives no firm assurance in terms of sanctions
for non-achievement of goals and marking of
financial resources.
 Family focus is totally missing. The focus on family
for preventive and curative measures to address
the disability issue is ignored in the Act. Most of

the disabled come from families who are afflicted
by poverty, which require immediate support to
take care of their disabled child.
 Discriminatory approach is evident in the law,
wherein, the Government institutions and officials
are given immunity, while a penalty is prescribed
for the Parent/relatives who reportedly neglect,
reject or ill treat a child with disability.
 Those with disability have not been given adequate
opportunity to represent their own cause on the
coordination committee. Their voice should find
adequate representations on the various
committees.
 There should be a nodal body to coordinate all the
programs and services for the persons with
disabilities. Everything has been left to the
discretion of the government authorities.
The law can be successful only when it is backed by
positive community awareness about needs of persons
with disabilities, which still seems a long way.
The Mental Health Act, 1987
The attitude of the society towards persons afflicted
with mental illness has changed considerably and it
has now been universally realized that no stigma should
be attached to such illness as it is curable, particularly,
when diagnosed at an early stage. The mentally ill
persons should be treated like any other sick persons
and the environment around them made as normal as
possible. The Indian Lunacy Act, 1912 had become
out-moded and had outlived its relevance in the modern
day society because of the advances in the field of
Psychiatry. With the rapid advance of medical science
and the understanding of the nature of malady, it had

become necessary to have fresh legislation with
provisions for treatment of mentally ill persons in
accordance with the new approach. The Mental Health
Act, 1987 has been a step in the right direction, which
has filled the long standing legal lacuna in the area of
mental health law.
Salient Features of the Act
The Mental Health Act, 1987 was passed to consolidate
and amend the law relating to the treatment and care
of mentally ill persons, to make better provisions with
respect to their property and affairs and for matters
connected therewith or incidental thereto. It is a fairly
long Act comprising 98 sections divided into10 chapters
and extends to all the States and Union Territories.
Statement of Objects and Reasons of Act
The Act has the following objects:
 To regulate admission to psychiatric hospitals or
psychiatric nursing homes of mentally ill-persons
and to protect the rights of such persons while
being detained;
 protect society from the presence of mentally ill
persons who have become or might become a
danger or nuisance to others;
 To protect citizens from being detained in psychiatric
hospitals or psychiatric nursing homes without
sufficient cause;
 To regulate responsibility for maintenance charges
of mentally ill persons who are admitted to
psychiatric hospitals or psychiatric nursing homes;
 To provide facilities for establishing guardianship

or custody of mentally ill persons who are incapable
of managing their own affairs;
 To provide for the establishment of Central Authority
and State Authorities for Mental Health Services;
 To regulate the powers of the Government for
establishing, licensing and controlling psychiatric
hospitals and psychiatric nursing homes for
mentally ill persons;
 To provide for legal aid to mentally ill persons at
State expense in certain cases.
Authorities under the Act
Under chapter 2 the Central Government and the
State Governments have been empowered to establish
Central Authority and State authority for Mental Health
services, respectively.
Psychiatric Hospitals and Psychiatric Nursing Homes
Chapter 3 empowers the Central and State governments
to establish or maintain psychiatric hospitals and
psychiatric nursing homes for the admission, and care
of mentally ill persons at such places as it thinks fit.
It prohibits establishment or maintenance of any
psychiatric hospital or psychiatric nursing home by any
person, unless he holds a valid license granted to him
under the Act. It also lays down that every psychiatric
hospital/nursing home shall be maintained properly
and will be under the charge of a medical officer who
is a psychiatrist. The license can be revoked if the
psychiatric hospital or psychiatric nursing home is not
maintained in accordance with the prescribed
conditions or run in a manner detrimental to the
moral, mental or physical well-being of other in-patients
thereof.
Admission and Detention in Psychiatric Hospital or

Psychiatric Nursing Home
Chapter 4 provides for the procedures for the admission
and detention in psychiatric hospital or psychiatric
nursing home.
Inspection, Discharge, Leave of Absence and Removal
of Mentally Ill Persons
Chapter 5 makes provision for appointment of visitors
not less than five, of whom at least one should be a
psychiatrist or at least a medical officer and two social
workers. for every psychiatric hospital/nursing home.
It provides for monthly joint inspection by not less than
three visitors in respect of the management and
condition of such hospital or nursing home and of the
in-patients thereof. It also makes provision for discharge
of mentally ill person from the psychiatric hospital or
psychiatric nursing home after being duly certified by
the psychiatrist on the undertaking of relatives or
friends for due care of such mentally ill person, where
such person is detained, in a psychiatric hospital or
psychiatric nursing home, shall, once in every three
months visit such person at the place where he is
detained, in order to assess the state of mind of such
person and make a report thereon to the authority
under whose order such person is so detained.
Inquisition Regarding Alleged Mentally Ill Person
Possessing Property, Custody of his Person and
Management of his Property
Chapter 6 make the following provisions
 Application for judicial inquisition where an alleged
mentally ill person is possessed of property,
 Issues on which finding should be given by District
Court after inquisition,
 Appointment of Guardian of mentally ill person,

 Appointment of manager for management of property
of mentally ill person,
 Appointment and Remuneration of guardians and
managers,
 Duties of Guardians and managers.
Liability to Meet Cost of Maintenance of Mentally Ill
Persons Detained In Psychiatric Hospital or
Psychiatric Nursing Home
Chapter 7 provides that except where a mentally ill
person has an estate or any person legally bound to
maintain such person has means to maintain such ill
person, maintenance of mentally ill person shall be at
the Government cost.
Protection of Human Rights of Mentally Ill Persons
Chapter 8 has as its objective the protection of the

Human Rights of mentally ill persons and hence is a
legal recognition of the same. It states that no mentally
ill person shall be subjected any indignity (whether
physical or mental) or cruelty during treatment. Further
it purports that no mentally ill person under treatment
shall be used for purposes of research, unless such
research is of direct benefit to him for purposes of
diagnosis or treatment.
Penalties and procedures
Chapter 9 provides for penalty for establishment or

maintenance of psychiatric hospital/nursing home in
contravention of the provisions of Chapter III. It also
makes provision for penalty for improper reception of
mentally ill person.
Appraisal
Positive aspects
 The Act attempts to remove the stigma attached to

mental illness.
 The perspective present in the Indian Lunacy Act

that the mentally ill are a threat to society is
thankfully not visible in this act. It strives to provide
for the diagnosis and treatment of the mentally ill.
 The law upholds the rights of the mentally ill to

health and medical services
 Mental health institutions are not only woefully
deficient in infrastructure and trained personnel
but often characterized by appalling inhuman
conditions which this law aims to regulate and
monitor.
Shortcomings
 An obvious shortcoming is that it perceives
institutional care as the only arrangement for the
care and protection of persons with mental illness.
 The law does not lay down any specific guidelines
for the minimum standards in mental health
institutions.
 There is no assurance for the protection of the
person’s property and privacy of communication.
 There is no role envisaged or outlined for the
psychiatric social worker.
 In institutions the possibilities of human rights
violations increase manifold as there could be
misuse of authority.
Areas left out

 Social security — After release from the institution
there is no provision for jobs, after care, programs
for awareness and social acceptance. With the
help of the audio-visual programs awareness of the
family and society can be increased
 Rehabilitation — vocational training programs do
not find a place.
 Educational — no scheme for assistance in
education programs.
 Counseling by psychiatric social workers.
Tasks for social workers
Only if the social worker has knowledge of the provisions
of the law, she can ensure the protection of the rights
of the mentally ill.
 She should know about the procedures for
admission and discharge of the patients.
 She can counsel the family and the community
regarding the rights of the mentally ill and their
special needs with respect to their illness.
 She can see to it that the authorities comply with
the provisions of the law and do no exceed their
limits and misuse the power vested in them.
 The psychiatric social worker has an important
role to play in increasing awareness about mental
heath.
Social Disability and Law

The democratic tradition of independent India has
upheld the principle of equality before law. However,
the recognition of this principle, which flows from our

constitution, does not necessarily ensure its practice
as equality before law does not always ensure equality
of opportunities. This is true in the case of the scheduled
castes and scheduled tribes, as democracy has failed
to ensure equal opportunity for them. Both groups are
socially, politically and economically marginalized and
while there are some problems that are common to
both, some are peculiar to each group. Problems common
to both groups are- their alienation from the
mainstream, their vulnerability on almost all fronts,
their exploitation by the dominant groups, abject poverty,
forced to work as landless and bonded labourers and
soft targets of atrocities, and. However, they face some
distinct problems as well, for instance, the scheduled
castes are the victims of the age old evil practice of
untouchability and social disabilities arising there from.
While they are relatively better off in cities, where
they get to mingle with the higher caste groups without
being discriminated, it is a known fact that the practice
of untouchability continues to be rampant in our rural
pockets. The scheduled tribes on the other hand are
cut off from the society and are still unable to access
the fruits of development. They dwell in isolated hilly
and forest areas, are geographically isolated and mostly
in the clutches of money lenders who are non-tribal.
On the basis of the constitutional guarantees to the
scheduled castes and scheduled tribes we have a
policy which provides for reservations to these groups
in proportion to their percentage in the population.
There are also a large numbers of developmental
programs specifically meant for their upliftment. To
help them defend and protect themselves at all levels,
we need to create various mechanisms, of which
enactment of law is one. As Constitutional Provisions
related to SC/ST have been discussed in detail in the
unit entitled ‘Social ideals of the Constitution’, we

shall skip a discussion on them at this juncture, but,
it would be appropriate to keep them in mind here.
Besides the constitutional efforts for protecting and
promoting the interests of the SC/ST, State has enacted
laws transforming constitutional guarantees into legally
enforceable rights.
‘The Protection of Civil Rights Act, 1955’ was enacted
in furtherance of Article 17 of the Constitution to
abolish untouchability and its practice in any form.
Further, in order to check and deter crimes against
SC/ST by persons belonging to other Communities, the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 was brought into force from 30
January 1990. These enactments have extended the
positive discrimination in favour of SC and ST to the
field of criminal law in as much as they prescribe
penalties that are more stringent than the
corresponding offences under Indian Penal Code (IPC)
and other laws. For speedy trial of cases registered
exclusively under these Acts, special Courts have been
established in major States. In addition, in pursuance
of the Constitution’s 65 th Amendment Act, 1990,
National Commission for SC and ST was constituted
w.e.f. 12 March 1992 with wide functions and powers
of Civil Court to take up matters which are of vital
importance for socio-economic development of SC and
ST.
Untouchability and the Law
The idea of untouchability which conveys a sense
pollution and defilement has existed in the Indian
society since ancient times. Let us see how the law
tackles this age old problem.
The Protection of Civil Rights Act, 1955

This Act, formerly known as “Untouchability (offences)
Act, 1955”, was passed by parliament in the sixth year
of the Republic of India. The symbolic significance of
this law is that it has made the targets of untouchability
feel that they are no longer helpless or alone but have
the law on their side. This has done wonders for their
self image. According to this Act, anyone who enforces
against another person any social disability on grounds
of untouchability shall be punishable.
Social disability count : Untouchability is counted
when a person restricts or restrains another person
from accessing any shop, public restaurant, hotel or
place of public entertainment facilities; using property
which is for the use of general public; practicing any
profession or occupation, trade, business or employment
in any job; using natural resources which he has a
right to use; using any resources which is dedicated to
general public use; using any public conveyance;
constructing and occupying any residential premises
in any locality; observing any social or religious custom,
and taking part in any religious, social or cultural
procession; using ornaments; taking admission in
hospital, dispensary, educational institution, which is
running for the use of general public or discriminating
after admission; purchasing any goods which are sold
to general public. If any of these acts are done by any
person, it shall be counted under untouchability and
will be an offence according to the Act.
Who is the offender : Any one who restraints any
person from exercising any right which is provided
after the abolition of “untouchability”, or any one who
molests, injures, annoys, obstructs or attempts to cause
obstruction to any person in the exercise of any such
right, or any one who encourages any person, class of
persons, public generally by words (written or spoken),

visible representation to practice “untouchability”, or
any one who insults or attempts to insult, on the
ground of “untouchability” will be proclaimed as an
offender under the “The Protection of Civil Rights Act,
1955”.
What will be punishment of the offender: The
punishment of offender varies according to the nature
of the offences. For committing the offence for the first
time, the offender shall be punishable with an
imprisonment for a term of not less than one month
and not more than six months and also with fine which
shall be not less than one hundred rupees and not
more than five hundred rupees. For the second offence,
the offender shall be punishable with imprisonment of
a term of not less than six months and not more than
one year, and also with fine which shall be not less
than two hundred rupees and not more than five
hundred rupees, and for the third offence, he shall be
punished with imprisonment for a term not less than
one year and not more than two years, and also with
fine which shall be not less than five hundred rupees
and not more than one thousand rupees.
There is an inherent fundamental contradiction. While
on one hand the, our Constitution declares all citizens
to be equal, on the other, the gross socio- economic
exploitation of the scheduled castes continues unabated.
Law by itself cannot bring about the desired results.
The impact of any law should not be measured by the
number of prosecutions but by the change it has brought
about in the patterns of behavior by promoting new
patterns in place of the old. Though the urban centers
do reveal a change in attitude, the deep prejudice
against the untouchables has, by and large, prevented
their integration into the main stream society. They

are economically, socially and politically exploited and
neither the legislature nor the executive machinery
has been successful in protecting their rights and
interests. Though the Law has many shortcomings as
a penal provision; it also has many enabling features.
Positive Features
 This law has given to all citizens of India, their
caste notwithstanding, the right and freedom to
enter any place of public worship, shop, hotel, place
of public entertainment, bathing ghats and other
such public places which the lower castes were
earlier restrained from entering.
 The law in fact is a list of do’s and don’ts and every
provision is in relation to some particular disability
to which the untouchables have been traditionally
subjected.
 All the disabilities which the untouchables have
suffered over decades are now removed and
punishments prescribed for those who are found
violating the provisions of this law.
 The offences under the Act are cognizable and
non- compoundable.
 The State Governments have been empowered to
appoint officers for initiating and exercising
supervision, to set up special courts, undertake
periodic surveys for the identification of areas of
disabilities.
Drawbacks
 The term untouchability has not been defined
leading to ambiguous interpretations. No criteria
have been given but examples of its practice are
the benchmark.
 The Act has failed to have the desired impact due

to the fact that there is no central agency and no
clear cut built in statutory machinery which could
actively coordinate and direct enforcement. In the
absence of a central agency that coordinates and
directs enforcement, the law makes for poor
implementation.
 The experience of the working of the Act has been
largely unsatisfactory, a weak and uncommitted
government being the main reason. Though a
Central law, the responsibility of its enforcement,
like all Central laws, lies with the States. It is
unfortunate that neither the Central Government
nor the State Governments have undertaken any
executive measures to ensure the effective
implementation of the law.
 Legal efficacy is all about making those who are
not directly the law breakers to obey the law. The
cases are ignored or at best compromised without
being registered. Complainants and the witnesses
needed to prove the case are seldom available, if
available, are vulnerable to intimidation and
reprisals.
 Anti disabilities prosecution depends on the
initiative of the local police and sympathetic
judiciary both of who show obvious disinterest
leading to considerable delay in the disposal of
cases.
 The conviction rate has been poor under the Act for
various reasons, namely:
— the complainants and witnesses turn hostile
— exaggeration and concoction of complaint
— delay in lodging the complaint want of evidence

— compromise between the parties
 Where conviction is secured, the punishment is
hardly a deterrent, hence not worth the trouble,
expense and the accompanying threats.
Role of Social Workers
Problem of untouchability can be solved in the ultimate
analysis only through revolutionary change in the socio-
economic and political structure in India. Legislation
alone is not enough. The creation of healthy public
opinion to support legislative effort is imperative. It is
often suggested that the failure to invoke the Act or to
abide by its provisions is due to the lack of awareness
of its provisions Social workers are the people, who can
address this problem, but before spreading awareness
in society, it is imperative that they themselves have a
good comprehension about the problem and its
consequences, and the available legal mechanisms.
For spreading the awareness among people, the social
worker must convey the message loud and clear in
their awareness campaigns, that practicing
untouchability is an offence. They in collaboration with
the lawyers can organize programs for propagating
information to SC/ST. about the facilities available to
them under various schemes and provisions‘ of law.
They can conduct intensive tours of the rural and
tribal areas and participate in the various para legal
camps and meetings. They can constitute people’s
forums for discussion, planning and representations to
the competent authorities in cases of atrocities and
social discrimination. The can provide legal education,
disseminate information and pressurize the government
to pass laws beneficial to them. High caste lawyers
may be disinclined to take up their cases, hence,
social workers can bring forward their cases for legal

redress. This is all the more necessary, in the light of
the fact that though most States extend legal aid to
untouchables, it is so inadequate that it is completely
insignificant. Unless the guilty are punished, the
practice of untouchability will continue unabated. The
victims of untouchability may not find the Act as a
promising means of redress in the absence of such
supportive services.
Law For Bonded Labour

The bonded labor system stands abolished if we are to
go by our Constitution. It also stands eradicated by the
“Bonded Labor System (Abolition) Act, 1976” passed by
parliament in the Twenty-Seventh year of the Republic
of India on 9th February, 1976 an amended in 1985. Six
decades of independence, yet bonded labour continues
to exist, a stark reality India cannot deny, even if
government records show otherwise. In the face of
abject poverty and deprivation, perhaps, these people
have no other choice.
THE BONDED SYSTEM (ABOLITION) ACT, 1976
Salient Features
The object of the Act is to provide for the abolition of
bonded labor system with a view to preventing their
economic and physical exploitation. The Act extends to
the whole of India and has 27 sections.
The definition of bonded labour according to Act is a
bit complex and long. To simplify, we can say that it
means a system of forced, or partly forced, labor under
which a debtor enters, into an agreement with the
creditor that he would; render labor or service, by
himself or through any member of his family for the
benefit of the creditor, for a specified or unspecified
period, without or for nominal wages. In the process,

the debtor forfeits the freedom to work else where, the
right to move freely throughout the territory of India,
as also the right to sell property or product. Bonded
labour system, thus, is a system of forced labour
wherein the debtor enters into an agreement with the
creditor to work for him in lieu of an advance obtained
by him (debtor) or by any of his lineal ascendants or
descendants; in pursuance of any customary or social
obligation for any economic consideration received by
him. (This obligation could have even devolved on him
by succession);. The term bonded labourer construed
accordingly means a labourer who incurs, or has, is
presumed to have, incurred, a bonded debt.
Abolition of Bonded Labour System – With the
commencement of the Act the bonded labor system
stands abolished and every bonded labourer stands
freed. Now no person can make any advance under the
bonded labor system, and no person can compel any
person to do bonded labor. Given below are the names
of the bonded labour system abolished by the Act:
Adiyamar, Baramasia, Basahya, Bethu, Bhagela,
Cherumar, Garru-galu, Hali, Hari, Harwai, Holya, Jana,
Jeetha, Kamiya, Khundit-Mundit, Kuthia, Lakhari,
Munjhi, Mat, Munish system, Nit-Majoor, Paleru,
Padiyal, Pannayilal, Sagri, Sanji,Sanjawat, Sewak,
Sewakia, Seri, Vetti;
Extinguishment of Liability to Repay Bonded Debt –
A social worker should know that the liability to repay
bonded debt has been extinguished by the Act. The Act
says that, any bonded debt as remains unsatisfied
shall be deemed to have been extinguished after the
commencement of the Act, that the property of bonded
laborer freed from mortgage, charge and restored to
the possession of the bonded laborer, that any bonded
laborer who has been freed is not to be evicted from

residential premises, that no creditor shall accept any
payment against any bonded debt which has been
extinguished.
Implementing Authorities
The District Magistrate authorized by the State
Government is the officer specified to ensure that the
provisions of this Act are properly enforced. His duty is
to inquire whether; any system or form of forced labour
is being enforced. If any person is found to be enforcing
the bonded labour system, he shall forthwith take
such action as to eradicate the enforcement of such
forced labour.
Vigilance Committees
Every State Government is enjoined to constitute such
number of Vigilance Committees in each district and
each Sub-Division as it may think fit consisting of the
District Magistrate; three persons belonging to the
Scheduled Castes or Scheduled Tribes; two social
workers; not more than three persons to represent the
official or non-official agencies in the district connected
with rural development; and one person to represent
the financial and credit institutions in the district.
Functions of Vigilance Committees
The functions of each vigilance committee range from
advising the District Magistrate about the efforts for
the proper implementation of the Act, to providing for
the economic and social rehabilitation of the freed
bonded labourers; co-coordinating the functions of rural
banks and co-operative societies to keeping an eye on
the number of offences of which cognizance has been
taken under this Act, making a survey of it; and
defending any suit or recovery of the whole or part of

any deb.
Offences and Procedure for Trial – Any person who
compels any person to do bonded labor or advances any
bonded debt after commencement of the Act shall be
punishable with imprisonment for a term which may
extend to three years and also with fine which may
extend to two thousand rupees. Any person who extracts
bonded labor under the bonded labor system shall be
punishable and out of fine, payment shall be made to
the bonded laborer at the rate of rupees five for each
day for which the bonded labor was extracted from
him. Any person who doesn’t restore the property of
bonded labor within a particular time period is also
punishable with imprisonment for a term which may
extend to three years and a fine upto two thousand
rupees and out of fine, payment shall be made to the
bonded laborer at the rate of rupees five for each day
for which possession of the property was not restored.
Every offence under this Act shall be cognizable and
bailable. All the offences under the Act are to be tried
by Executive Magistrate having the powers of a Judicial
Magistrate of the first or second class. An offence
under this Act may be tried summarily by a Magistrate.
Burden of proof — Whenever any debt is claimed by a
bonded labourer, or a vigilance committee, to be a
bonded debt, the burden of proof that such debt is not
a bonded debt shall lie on the creditor.
Appraisal
The Bonded Labour System which is an unjust and
exploitative practice, though abolished by Article 23 of
the Constitution, continues as a slur on India, striving
to be recognized as a developed nation. It is indeed
unfortunate that despite the progress made by us on
the scientific, economic and social fronts we still have

such regressive practices in our country.
Positive Aspects of the law
 The law lays down a provision for the prohibition of
any form of bonded labour and the extinguishment
of all bonded debts.
 To ensure that the implementation of this Act is
not hampered by procedural delays, civil courts
have been barred from granting injunction under
this law.
 There is a provision for setting up of the vigilance
Committees, giving due representation to the
persons from scheduled caste and scheduled tribe
category as well as social workers.
 The Act is a literal translation of Article 23 of the
Constitution into legislative action.
Drawbacks
This social legislation does not appear to have made
any substantial impact on the release and rehabilitation
of bonded labour. There are formidable obstacles due
to the ambiguities and loopholes of the Act, some of
which are given below:
 This law, like most of our social laws is a
victim of government apathy, hence, weak in
implementation.
 The punishments prescribed are hardly stringent,
hence, of no deterrent value, the law thus, proves
to be the proverbial paper tiger.
 The bonded labourers are poverty stricken and not
organized to demand their rights, therefore, laws
such as this will not have substantial impact on

their lives.
 The administrative machinery has been found to
be weak and inefficient at most of the places.
Law on Right to Compensation

Rights of Workmen
Complexities of modern day industrial age have exposed
the Industrial workers to accidents and various
occupational health hazards, often leading to physical
and economic disability. The Act known as the
‘Workmen’s Compensation Act’ passed in the year 1923
and subsequently amended on various occasions, for
the first time made the employer liable to pay monetary
compensation to a disabled workman or his dependants
in case of death. Today, the Employees State Insurance
Act, 1948, which is a more comprehensive social security
law, has replaced the Workmen’s Compensation Act,
but it governs the establishments outside the purview
of the E.S.I. Act.
Employer’s Liability for Compensation – According to
the Act if personal injury is caused to a workman by
accident arising out of and in the course of his
employment, his employer shall be liable to pay
compensation. But employer shall not be so liable—
 if injury does not result in the total or partial
disablement of the workman for a period exceeding
three days,
 if at the time the workman was under the influence
of alcohol of drugs,
 had disobeyed the rules or order framed for the
purpose of securing the safety of workman,
 if worker had removed the safety guard provided

for the purpose of securing the safety of workman
or,
 if it is not proved that the disease developed due to
employment.
 no compensation can be granted if the physical
disability does not result in loss of earning capacity.
Amount of Compensation
The amount of compensation depends on the extent of
loss.
Right of Compensation in Case of Motor Vehicle
Accidents
The Motor Vehicles Act, 1939 as amended in1982
governs the rights of those involved in road accidents
against the driver, owner and insurance companies. It
lays down the procedure for claiming compensation,
the amount of compensation to be claimed and those
who can make a claim. To settle the claims under this
law, a special Tribunal, called the Motor Accident Claims
Tribunal have been set up in each State, to settle the
claims. Though the format changes from State to State
the applications on the prescribed form or on plain
paper giving the requisite details can be addressed to
the Tribunal having jurisdiction over the area in which
the accident occurred. The claim of compensation can
be made anytime after the accident but not later than
six months after it happens. A person has a right to
claim compensation with respect to death or permanent
disablement not only on the principle of no fault under
section 92-A, but also on the principle of fault ( of the
driver) under section 110-A of this Act or any other law
for the time being in force. In hit and run motor
accidents the compensation is to be paid from the
Solatium fund established by the Central Government.

The Tribunal on receiving the application shall, after
giving the parties an opportunity of being heard, hold
an enquiry into the claim and make an award deciding
the amount of compensation and specifying the person/
s to whom it is to be paid.
The Laws Governing Women’s Rights at

Workplace
According to United Nations, the women make up nearly
31 per cent of the official labour force in the developing
countries and nearly 47 per cent world wide. Women
who constitute nearly half of the world’s population
receive just one-tenth of the world’s total income and
less than one-hundredth of the world’s total property.
Women contribute to 68 per cent of the food production,
are the driving force behind 70 per cent of the small
scale enterprises with nearly 35 per cent of the families
dependant on their earnings. Increasing population
pressures, economic compulsions and changing social
attitudes have compelled women to enter the labour
market in large numbers. While women still constitute
a large chunk of the agricultural sector, they are now
taking advantage of the increasing employment
provisions in the urban areas. Increasing globalization
and liberalization has had an impact on the employment
patterns in general and on women’s work patterns in
particular. There is a phenomenal growth in the service
sector such as telecommunications, tourism as also
the informal sector, such as home based enterprises,
outsourcing, part time work wherein the women are
playing a major role. While on one hand the women’s
participation in the workforce is increasing, on the
other the conditions under which they work are not
getting any better. Though our Indian Constitution
bestows equal rights on men and women at work place,
in reality the work places continue to subject the

women to unequal treatment and discrimination, despite
the prevailing laws that govern women’s rights at
workplace. Most of these laws are based on
Constitutional provisions and are guided by the ILO
conventions. India has ratified the Convention on the
Elimination of all forms of Discrimination against Women
on July 9, 1993. The implication of this ratification is
that India now is under an obligation and commitment
to address inequality and discrimination against women
through its policies and legislative measures.
The workers of the unorganized sector are by and large
subject to a legal apathy, more so the women, who
constitute a large part of this sector as there are
hardly any special laws to protect their rights. The
government has somehow ignored the unorganized
sector, may be, because of the peculiarities and
complexities which characterize this sector, making
the administration, monitoring and implementation of
laws difficult, albeit, an impossible task. However, the
Government has extended the application of some of
the laws of the organized sector to the unorganized
sector, but this has not helped the situation due to
ineffectiveness of the enforcement machinery. In the
organized sector, however, the women enjoy more
protection under the various laws, such as equal
remuneration, maternity benefit etc. While women enjoy
the same rights as their male counterparts, under the
various labour laws such as the Factories Act, Minimum
Wages Act, The Plantation labour Act etc. there are two
laws from among them with specific focus on women,
namely, the Maternity Benefit Act, 1961 and the Equal
Remuneration Act, 1976. In the Factories Act, 1948,
there are special provisions for women. Let us briefly
examine the existing laws that specifically aim at
protecting the women’s rights at work place.
Maternity Benefit Act, 1961

Discrimination suffered by women at work place is
quite often due to their child bearing function and
often the axe falls on their job when they become
pregnant and take leave to have children. The Maternity
Benefit Act has come as a big boon for working women
as it provides them protection at a point in their lives
when they need it the most. Let us take a look at the
law regulating the maternity benefits.
The object of the Act is to regulate the employment of
women in certain establishments for certain period
before and after child-birth and to provide for maternity
and certain other benefits. The Act prohibits the
employment of women during the six weeks immediately
before and following the day of her delivery. (Under
Section 3)
Further Under Section 4 of the Act a woman is entitled
to a right to payment of maternity benefits at the rate
of the average daily wage for the period of her actual
absence, provided she has actually worked in the
establishment for a period of not less than [eighty days]
in the twelve months immediately preceding the date
of her expected delivery. The maximum period for which
any woman shall be entitled to maternity benefit shall
be twelve weeks of which not more than six weeks
shall precede the date of her expected delivery.
The woman has to give notice in writing, to her
employer, stating that her maternity benefit and any
other amount to which she is entitled under this Act
may be paid to her and that she will not work in any
establishment during the period for which she receives
maternity benefit. The amount of maternity benefit for
the period preceding the date of her expected delivery

shall be paid in advance by the employer to the woman
on production of such proof that the woman is pregnant,
and the amount due for the subsequent period shall be
paid by the employer to the woman within forty-eight
hours of production of such proof that the woman has
been delivered of a child. The failure to give notice
under this section however, does not disentitle a woman
to maternity benefit if she is otherwise entitled.
If a woman entitled to maternity benefit, dies before
receiving such maternity benefit or amount, the
employer shall pay such benefit or amount to the person
nominated by the woman in the notice given.
Every woman entitled to maternity benefit under this
Act shall also be entitled to receive from her employer
a medical bonus, of [two hundred and fifty rupees], if
no pre-natal confinement and post-natal care is provided
for by the employer, free of charge. (Under Section 7)
In case of miscarriage or medical termination of
pregnancy, a woman shall, be entitled to leave with
wages at the rate of maternity benefit, for a period of
six weeks immediately following the day of her
miscarriage or, her medical termination of pregnancy.
A woman suffering from illness arising out of pregnancy,
delivery, premature birth of child, [miscarriage, and
medical termination of pregnancy or tubectomy
operation] shall, be entitled, in addition to the period of
absence allowed to her leave with wages at the rate of
maternity benefit for a maximum period of one month.
(Under Section 10)
Every woman delivered of a child who returns to duty
after such delivery shall, in addition to the interval for
rest allowed to her, be allowed in the course of her
daily work, two breaks of the prescribed duration for
nursing the child until the child attains the age of

fifteen months.(Under Section 11)
The Act makes it unlawful for an employer to dismiss
the woman who takes maternity leave during or on
account of such absence or to vary to her disadvantage
any of the conditions of her service.
Positive Features
 The law is a step in the right direction as it ensures

not only leave with wages for during the crucial
time of child birth but also works as a shield and
protects the woman against any unlawful and unjust
termination from service on account of her
maternity.
 The Act goes a step further and even makes provision

for leave in addition to the period of absence at the
rate of maternity benefit for a maximum period of
one month during miscarriage or any illness arising
out of pregnancy, delivery, premature birth of child,
medical termination of pregnancy or tubectomy
operation etc.
 Another positive feature of the Act is that a woman

who returns to duty after such delivery is allowed
in the course of her daily work two breaks for
nursing the child until the child attains the age of
fifteen months.
Drawbacks
 The lacuna is that law is poor on implementation

side and in many sectors employers continue with
the practice of either doing away with her services
or make the woman without pay for the period of

her entitlement.
 In the unorganized sector the women continue to

be deprived of the maternity benefit and most of
the times are totally ignorant of their maternity
rights under the law.
 The need of the hour is to extend the provisions of

this Act even to those women who adopt a child
and to widen the purview of the law to include
paternity leave so that the responsibilities that
ensue from child bearing are shared
responsibilities.
Specific Provisions for Women under the Factories
Act, 1948
Women workers require special treatment in view of
their tenderness, sensitivity and their functions at
home. In its study of ‘Law and Women’s Work’ the I.L.O
has described some of the special problems arising out
of women’s employment. According to the report, a
woman is generally less resistant to physical strain, so
that when she engages in manual work, she is exposed
to special dangers. As a consequence a working woman
can ruin her health, if certain protective measures are
not taken. Another important step, apart from the
maternity benefit, has been the special provisions for
women incorporated in the Factories Act, 1948. While
all the provisions of the Factories act are applicable to
women workers, the following special provisions provide
them with additional safeguards:
Crèche
Section 4 of the Factories Act makes it mandatory for

the employer to maintain a crèche if the number of
women employed in the establishment exceeds 29. The

crèche is to be maintained in a decent hygienic way
with adequate lighting and ventilation and the children
kept under the supervision of a qualified ayah. Many
employers have found ways to flout this provision by
deliberately keeping the number of women below 30.
The need is to do away with these eligibility criteria
and make it mandatory for all employers to provide a
crèche and extend its services to all employees’ children
and to all work places.
Night Work
The women are restrained from working at night. They
can be asked to work only between 7 p.m. to 6 a.m.
With specific permission of the Government, however,
they can be asked to work in a factory until 10 p.m. and
after 5 a. m.
Weight
Women cannot be asked to lift weights beyond a certain
limit.
Weekly Hours
Women cannot be asked to work beyond the mandatory
48 hours a week. They cannot be asked to work overtime.
Work on and Near Machinery in Motion and Near
Cotton Openers
The Factories Act restrains the women to work on or
near machinery in motion and near cotton openers
Work in Hazardous Factories
The government may prohibit the employment of women
in a factory, which exposes her to serious risk of bodily
injury, poisoning or disease.
The Equal Remuneration Act, 1976

This law provides for the payment of equal money to
men and women for same or similar nature of work.
Under this law no discrimination is permitted in
recruitment and service conditions and payments to
men and women. The Central Ministry of Labour and
the Central Advisory Committee is entrusted with the
task of monitoring the enforcement of this law. The Act
is a legal translation of constitutional provision under
Article 39, which avers to give equal pay for equal work.
The law lays down that an employer must neither
discriminate on the basis of sex, while paying the
workers for work of a similar nature nor while recruiting
them. He is liable to be punished if he does so.
Sexual Harassment at Workplace
The discussion on the rights of women at work place
will not be complete, if we leave out of its ambit the
crucial issue of women’s harassment at work place.
Every woman has to live with the fact that she is
vulnerable to sexual abuse. What is worse is, statistics
show that crimes against women are on the rise.
Societal pressures cause a lot of cases to go unreported,
further suppressing the victim and emboldening the
offender. While there is a strong chance of the offender
going scot-free or being let off lightly, the already
traumatised victim suffers acutely. Sexual Harassment
at workplace is not an isolated phenomenon, but a
manifestation of a larger discrimination’ omni present
in our society. It is a wide spread and everyday
occurrence, though seldom recognized as such. Victims
of sexual harassment are reluctant to even admit it,
for fear of social stigma, ostracism and fear of reprisals
while men find the issue threatening and uncomfortable
and either deny its existence and trivialize it. At present
there is no law in India that specifically deals with
sexual harassment at work place. The employer is

least concerned or sensitive to the demands and
requirements of a conducive work environment for
women.
Victim of sexual harassment can seek legal remedies
under the following provisions:
 IPC Sections 292 294: (obscenity)
 IPC Section 354 ( Criminal force or assault intended
to outrage modesty)
 IPC Section 375 (Rape)
 IPC Section 509 (word, gesture or act intended to
outrage modesty)
 Protection of Human Rights Act, 1993
 Remedies in Vishaka vs. State of Rajasthan are in
addition to IPC
In the Vishaka vs State of Rajasthan, a judgment
delivered by J.S.Verma. CJ, on behalf of Sujata Manohar
and B.N.Kirpal, JJ., on a writ petition filed by ‘Vihsaka’-
a non Governmental organization working for gender
equality by way of PIL seeking enforcement of
fundamental rights of working women under Article.21
of the Constitution. It was in this landmark case that
the sexual harassment was identified as a separate
illegal behaviour. The immediate cause for filing the
petition was the alleged brutal gang rape of a social
worker of Rajasthan. The Supreme Court in absence of
any enacted law gave certain guidelines as stated
hereunder and declared that sexual harassment of
working women amounts to violation of the right to
gender equality. A logical consequence that follows is
that it naturally hampers a woman’s right to practice
any trade, occupation or profession. In the absence of
any law on sexual harassment, the Supreme Court

attempted to fill the empty space by defining sexual
harassment, laying down the preventive steps, the
complaint mechanism and obligations of the employers.
These guidelines are applicable to:
a) The employer or other responsible persons or other
institutions to prevent sexual harassment and to
provide procedures for the resolution of complaints;
b) Women who either draw a regular salary, receive
an honorarium, or work in a voluntary capacity—
in the government, private or organized sector come
under the purview of these guidelines.
Preventive Steps:
1) Express prohibition of sexual harassment should
be notified and circulated.
2) Inclusion of prohibition of sexual harassment in
the rules and regulations of government and
public sector.
3) Inclusion of prohibition of sexual harassment in
the standing orders under the Industrial
Employment (Standing Orders) Act, 1946 by the
private employers.
4) Provision should be made for appropriate work
conditions for women.
What is sexual harassment
The Vishakha guidelines of the Supreme Court define
sexual harassment as any unwelcome sexually
determined behavior such as:
 Physical contact and advances
 Demand or request for sexual favors
 Sexually coloured remarks
 Showing pornography
 Any unwelcome physical, verbal or non-verbal
conduct of sexual nature
Sexual harassment includes harassment not only at
work place but also harassment in public or social
situations, for example on the roads, in buses etc.;
hostile and anti woman environment like pornography
in public places and use of foul language etc. Scandals
about the victim’s character often represent her as the
wrongdoer. Fearing such an outcome, women often
abstain from speaking out against their tormentors
and usually give up the job either quietly or under
protest. Under-performance is a frequent excuse used
to persecute a woman employer who rebuffs sexual
advances.
Employer’s Obligation
It shall be the duty of the employer or other responsible
persons in work places to prevent or deter the
commission of acts of sexual harassment and to provide
for the resolution of acts of sexual harassment by
taking all steps as given below:
 Create awareness
 Constitute complaints mechanism
 Initiate disciplinary action against perpetrators
 Initiate criminal action where required
 Provide support mechanisms to the victim
Complaint Mechanism
An appropriate complaint mechanism ensuring time
bound treatment of complaints should be created in
the organization for the redressal of the complaint

made by the victim. The complaints committee should
be headed by a woman and not less than half of its
members should be women. It should include a member
from NGO or the other body familiar with the issue of
sexual harassment. The complaints committee must
make an annual report to the government with the
action taken report. The complaints mechanism has to
be understood in the context of evolving concepts of
fair procedure. It is now beginning to recognize victim’s
rights, both in the criminal law as well as in service
law. There shall be the assistance of a special counselor
or other support service to the complainant. Further
confidentiality in the proceedings is to be ensured.
The victim has the option to seek the transfer of the
perpetrator or her own transfer.
Implementation of Vishakha Guidelines
Although the guidelines given by the Supreme Court
are as good as any law, people take law more seriously,
which probably accounts for the guidelines not being
implemented in all earnestness? Neither the employers
nor the government have taken serious appropriate
steps to implement the guidelines in all sincerity. In
the Vishakha case the court had also observed the
need for a proper law on the subject. The National
Commission for Women has prepared a bill entitled
‘Sexual Harassment of Women at their Work Place
(Prevention) Bill, 2003’ to translate the Vishakha
guidelines into an Act. The bill is still to get the assent
of the parliament. A copy of this proposed Bill is given
in the appendix. Genuine implementation of Vishakha
will require conducting intensive attitudinal change
programs for men and women in all institutions.
Orientation programs for persons in complaints
committees needs to be conducted. Further trained
social workers are needed to assist the victims during

the enquiry procedure. A panel of approved NGO’s needs
to be set up in every district either by NHRC or women’s
commissions, to assist in cases of sexual harassment.
Conclusion
This Chapter primarily deals with laws for those sections
of society who are disadvantaged on different counts
and suffer from various social, economic, physical or
mental disabilities. The Chapter gives an overview of
the various constitutional and legislative provisions for
these marginalized and weaker sections.
Historically, persons with physical and mental
disabilities have been characterized by poverty and
have been a neglected, segregated and isolated lot. Not
only have they been subjected to numerous deprivations,
they still are waiting for their chance to be integrated
into the mainstream society. The government since
independence did accept its responsibility towards the
disabled sections of the population and launched various
schemes and programs for their welfare and
rehabilitation. A major landmark step on the legislative
front has been the enactment of ‘The Persons with
Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995, which only a decade
ago has filled up the legislative lacuna as far as the
rights of the persons with physical and mental
disabilities were concerned. The law is a welcome step
in the right direction and mirrors the changed societal
attitude to the special needs of the differently able.
The attitude of the society towards persons afflicted
with mental illness has changed considerably and it
has now been universally realized that no stigma should
be attached to such illness as it is curable, particularly,
when diagnosed at an early stage. Thus, the mentally
ill persons should be treated like any other sick persons

and the environment around them made as normal as
possible. The Indian Lunacy Act, 1912 had outlived its
relevance in the modern day society. With the rapid
advance of medical science and the understanding of
the nature of malady, it had become necessary to have
fresh legislation with provisions for treatment of
mentally ill persons in accordance with the new
approach. The Mental Health Act, 1987 has been a step
in the right direction, which has filled the long standing
legal lacuna in the area of mental health.
Apart from the constitutional efforts for protecting and
promoting the interests of the persons with Physical
and Mental disabilities, State has transformed
constitutional guarantees into legally enforceable rights
for the scheduled caste / scheduled tribe by enacting
the ‘The Protection of Civil Rights Act, 1955’ and ‘The
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act,1989.’ The bonded labor system stands
abolished if we are to go by our Constitution. It also
stands eradicated by the Bonded Labor System
(Abolition) Act, 1976.Six decades of independence,
yet bonded labour continues to exist, a stark reality
India cannot deny, even if government records show
otherwise.
Indian Constitution bestows equal rights to men and
women at work place but in reality the work places
continue to subject the women to unequal treatment
and discrimination, despite the prevailing laws that
govern women’s rights at workplace. Discrimination
suffered by women at work place is quite often due to
their child bearing function and often the axe falls on
their job when they become pregnant and take leave to
have children. The Maternity Benefit Act has come as
a big boon for working women as it provides them
protection at a point in their lives when they need it
the most. Sexual Harassment at workplace is not an

isolated phenomenon, but a manifestation of a ‘larger
discrimination’ rampant in our society. At present
there is no law in India that specifically deals with
sexual harassment at work place. The employer is
least concerned or sensitive to the demands and
requirements of the conducive work environment for
women. The Supreme Court in absence of any enacted
law has given certain guidelines and declared that
sexual harassment of working women amounts to
violation of the right to gender equality. The Supreme
Court has attempted to fill the empty space by defining
sexual harassment, laying down the preventive steps,
the complaint mechanism and obligations of the
employers.
References
Disability Manual (2005) National Human Rights
Commission, New Delhi.
Law and Social Change: Indo American Reflections.
(1988) Indian Law Institute, Delhi.
Malik, P.L., Handbook of Labour and Industrial Law. 6th
Edition, Eastern Book Company.
17
Legal provision for children

* Ranjana Sehgal
Introduction
Way back in 1974, the National Policy for Children
declared that the nation’s children were its most
important asset. With more than one-third of its
population below 18 years, India has the largest young
population in the world and ironically, also, the highest
number of child labourers in the world. Though we have
made some significant strides towards ensuring the
basic rights of children, as evident from the progress in
overall indicators such as infant mortality rates, child
survival, literacy and school dropout rates, the situation
continues to be dismal. UNESCO’s revelation about the
status of children in India does not make us proud as a
nation. While India boasts of 93 per cent enrolment in
schools at present and a target of 100 percent till 2010,
the UN estimates tell another story. As per their
estimates, 72 million children in India do not have
access to education and India would not be able to
provide education to all children even till 2015. Out of
every 100 children who enroll in schools, 70 drop out by
the time they reach the secondary level and of every
100 children who drop out of school, 66 are girls.
Regarding health and nutrition status there are no
encouraging trends either. One out of every 16 children
die before the age of 1, and one out of 11, before 5
years of age. As many as 35 per cent of the developing
world’s low-birth-weight babies are born in India. One

Legal provision for children 469
in every three malnourished children in the world lives

in India. The declining number of girls in the 0-6 age-
group is another cause for alarm. For every 1,000 boys
there are only 927 females and 65 per cent of girls in
India are married by the time they attain adulthood
and become mothers soon after. Census 2001 reports
that1.67 per cent of the total population within the age-
group 0-19 years (46,38,26,702) are disabled.
The issues of child labour, juvenile delinquency and
child abuse continue to dominate discussions at
seminars and various public forums to be only pushed
to the backburner, thereafter. India does not lack
legislation for children, with various laws that touch
upon subjects like guardianship, adoption, maintenance,
custody and child labour, among others in place.. As
we are aware laws relating to children’s rights are
enacted with good intentions but they fail to address
the real issues at stake as they are violated with
impunity. The existence of a plethora of laws does not
necessarily ensure a safe childhood for our children,
in the absence of amenities such as education, health
and a conducive social environment. Most of the children
are exposed to dangers of physical and emotional abuse.
It is still not too late. If the rights of children are to be
enforced; a concerted effort has to be made to increase
awareness about their plight rights. As directed by the
Supreme Court, we should promise our children a
dignified existence. Laws, if framed judiciously and
implemented stringently, can be an effective weapon to
protect a child’s rights.
Rights of the Child: Constitutional and
Legislative Initiatives to Support Child
Rights
On November 20, 1989, the UN General Assembly
adopted the Convention on the Rights of the Child
(CRC). The world leaders came to a consensus that

children, till 18 years of age, require special care
and protection. They also wanted to make sure that
the world recognized that children, too, had human
rights. The Convention is the first legally binding
international instrument that spawns the full range
of human rights-civil, cultural, economic, political
and social rights in the context of child. It has set
minimum entitlements and freedoms of children that
the governments are supposed to protect regardless
of race, colour, gender, language, religion, wealth,
birth status or ability. On January 26, 1990, the
opening day of the session, 61 countries signed the
convention.
The Convention on the Rights of the Child
The Convention which is divided into three parts and
fifty four Articles, articulates five sets of basic rights,
based on four core guiding principles of:
 equality and non-discrimination;
 best interests of the child;
 the right to life, survival and development; and
 respect for the views of the child.
Every right spelled out in the Convention is inherent to
the human dignity and all round development of every
child. Briefly stated the Convention delineates the
Rights of the Child as follows:
 The right to survival;
 The right to develop to the fullest;
 The right to protection from harmful influences,
 The right against abuse and exploitation; and
 The right to participate fully in family, cultural and
social life.
The Rights of the Child under the Indian Constitution

Most of the ‘Rights of the Child’ find prominent place
among the Fundamental Rights guaranteed under the
Indian Constitution to all Indian citizens and the
Directive principles of State Policy. All the seven sets
of Fundamental Rights in the Constitution are available
to children with as much authority and accessibility as
to the adult citizens.
Let’s briefly look at the list of rights for children under

our Constitution.
 While the right of equality and equal protection
before the laws is available to any person (including
children), Article 15(3) empowers the State to make
special laws for children, to enable them to enjoy
the fruits of the equality guarantee.
 Taking note of the prevailing exploitative practice
of trafficking in human beings, particularly children,
Article 23 of the Constitution has put a total ban on
forced labour and makes such practices punishable
under law.
 The Constitution in Article 24 prohibits the
employment of children below the age of 14 years
in any factory, mine or in any other hazardous
activity.
 The provisions in Part-IV of the Indian Constitution
which have enabled the judiciary to promote the
jurisprudence of child rights are Articles 39(e), (f),
42, 45 and 47. Article 39 states that the State
shall, in particular, direct its policy towards
securing-
 that the health and strength of workers and the
tender age of children are not abused and that
citizens are not compelled by economic necessity

to enter avocations unsuited to their age or
strength; {39 (e)}
 that children are given opportunities 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. {39 (f)}
 The State shall make provision for securing just
and humane conditions of work and for maternity
relief.{42}
 The Directive principle under Article 45, which
provides for free and compulsory education for all
children until they complete the age of fourteen
years is now available as a fundamental right to
the children.
 The State shall regard raising of the level of

nutrition and the standard of living of its people
and the improvement of public health as among its
primary duties and, in particular, the State shall
endeavour to bring about prohibition of the
consumption, except for medicinal purposes, of
intoxicating drinks and of drugs which are injurious
to health.{ 47}
Thus, we see that the rights given to the children

under our Constitution are very much in line with the
spirit and principles of the Convention on the Rights of
the Child. With India’s ratification of the Convention in
1992, there has been a renewed concern on the policies
and priorities, obligations and commitments vis-a-vis
children. However, in order to translate this concern
into concrete actions, there must be available trained
personnel and accountable government machinery. The
judiciary, too, of late has taken child rights and

principles governing them seriously, particularly with
regard to the neglected and the delinquent children.
Legislative Efforts to Support Child Rights
According to the Constitution, the State is entrusted

with the responsibility for framing laws and policies for
“protecting children and youth against exploitation and
moral and material abandonment.” If laws are to mean
anything significant, they have to be brought into greater
conformity with the UN Convention. The State has to
take initiative to formulate legislation on child rights
issues that ensure maximum positive discrimination
in favor of children. Children should be guaranteed all
existing Constitutional rights. Respecting the Rights of
the children is a step towards recognizing them as
stakeholders and participants, not mere mute
beneficiaries. The State has to own up to its
accountability not only for the recognition of a particular
right but also for putting in place a non discriminatory
delivery system.
The Parliament and the State Assemblies have been
doing their bit in bringing forward appropriate legislation
to support the status and welfare of children. A long
list of beneficial laws has been put in the statute book
translating Constitutional directives and guarantees
into legislative enactments. By way of legislative support
to Child’s Rights, the State has enacted the Child
Labour Prohibition laws, the Juvenile Justice Act, Child
Marriage Restraint Act, etc. Apart from this, constant
endeavors are being made to bring forth new laws to
plug the existing gaps and to repeal outdated laws and
practices in respect of children. Of late there has been
a spurt of legislative action on child rights issues. For
example, the recent Protection of Child Rights Act,
2005, the Juvenile Justice (Care and Protection of
Children) Act, 2006, the proposed Immoral Traffic

(Prevention) Amendment Bill 2006, Offences against
Children Bill, and the Child Marriage Bill that has
recently been passed by the Rajya Sabha. Another
welcome measure, awaited since long for the protection
of child rights has finally translated into reality with
the passing of the Commissions for Protection of Child
Rights, 2005. The Act deals with the constitution of a
National Commission and State Commissions for the
protection of child rights. It provides for the constitution
of children’s courts for speedy trial of offences against
children or violation of child rights. Surely this
decade is seeing a high rate of legislative action on
issues pertaining to children in the history of India,
and a definitive shift from addressing children’s issues
as a matter of charity to a matter of justiciable and
deliverable rights.
Still there are glaring gaps. We still do not have a law
against child sexual abuse; child marriage is rampant,
in spite of amendments to the law. Although education
is a fundamental right, the process of delivery of this
vital right faces major funds constraint and
administrative hurdles. Despite the Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, female foeticide is rampant. There are
gaps in laws relating to health, education; housing and
employment, where compromises have been made,
which do not always maintain the highest principles of
the dignity of childhood, the Constitution and the
Convention. On child prostitution, rights of disabled
and neglected street children there are either no
comprehensive laws or the ones there are, suffer from
serious inadequacies and shortcomings. Let us critically
review the various measures of legislative protection
offered to the children in India.
Specific Provisions for Children Under

Family Laws
The family relations in India are still governed by a
bewildering variety of customary, religion-based and
feudalistic personal laws applicable to persons
depending on their birth into one or other religion.
Provisions Governing Custody of a child under Hindu,
Muslim, and Christian Family Laws
Many of the religions practicing in India have their own
personal laws and different personal laws have different
notions of custody. Child custody is a term used to
define legal guardianship of a child under the age of
18. During marriage annulment proceedings, the issue
of child custody often becomes a bone of contention
into which the court is asked intervene. Family courts
generally base decisions on the best interests of the
child, rather than the arguments of each parent. In
general, courts tend to award physical custody to the
parent who demonstrates the maximum financial
security and adequate parenting skills. Both parents
continue to share legal custody of minor till the age of
18 which means that either parent can make decisions
which affect the welfare of the child, such as medical
treatment, religious practices etc. Physical custody
means that one parent is held primarily responsible for
the child’s housing, educational needs and food. In
most cases, the non-custodial parent still has visitation
rights.
Under the Hindu Law, the marriage laws make
provisions for dealing with the issue of child custody
which are invoked only when there are some
proceedings pending under them. Hindus have an
additional Act, viz. the Hindu Minority and Guardianship
Act 1956 (HMGA). Apart from this, there is the Guardians
and Wards Act 1890 (GWA) which is a secular law for

appointment and declaration of guardians and allied
matters, irrespective of caste, community or religion.
In determining the question of custody and guardianship,
the paramount consideration is the welfare of the
minor, which interalia includes the child’s, moral as
well as physical well-being, and also the ties of affection.
The Hindu Minority and Guardianship Act, 1956 contains
a provision which lays down that custody of a child
upon the age of five should ordinarily be with the
mother. Under other personal laws, though, there is
no such statutory provision; the Indian courts have
consistently taken the view that the mother is a suitable
person to take charge of the child. Ordinarily, custody
should be given to either parent but in the interest of
the child, the custody may be given to a third person
also, such as grand parents.
Under the Muslim Law, the mother has the first and
the foremost right to have the custody of the child till
disqualified. This right is known as right of hizanat and
it can be enforced against the father or any other
person. The mother’s right of hizanat is solely recognized
in the interest of the child and in no sense an absolute
right. Among the Hanafis the mother is entitled to the
custody of her daughters till the age of puberty and
among the Malilikis, Shafiis and the Hanabalis the
mother’s right of custody over her daughters continues
till her marriage. The mother has the right of custody
of her children up to the ages specified, irrespective of
the fact whether the child is legitimate or illegitimate.
In the absence of both the parents or on their being
disqualified the grandfather is entitled to custody. The
Shia law is very categorical and lays down that a
person who has ceased to be Muslim is not entitled to
the custody of the child. The cardinal principal of
hizanat in Muslim law is the “welfare of the child”.
The Christian Law, per se does not have any provision

for custody but the issues are well solved by the Indian
Divorce Act which contains provisions relating to custody
of children. In any suit for obtaining a judicial
separation, the Court may from time to time, before
making its decree, make such interim orders, as it
deems proper with respect to the custody, maintenance
and education of the minor children, the marriage of
whose parents is the subject of such suit,.
Adoption
Adoption is the transplantation of a child from the
family in which he is born, into another family by gift
by his natural parents to his adoptive parents. In India
we still do not have a uniform law governing adoption
among different religious communities. Adoption is
recognized under the Hindu personal law, but is not
recognized by Muslims, Christian and Parsis. Personal
law of Muslims, Christians, Parsis and Jews does not
recognize complete adoption. As non-Hindus do not
have an enabling law to adopt a child legally, those
desirous of adopting a child can only take the child in
‘guardianship’ under the provisions of The Guardian
and Wards Act, 1890.
Hindu Adoption and Maintenance Act, 1956
Currently, the adoption under Hindu Law is governed
by The Hindu Adoption and Maintenance Act, 1956.
The Hindu Adoption and Maintenance Act, 1956 extends
to only the Hindus, which are defined under Section-
2 of the Act. This act aims to amend and codify the law
relating to adoptions and maintenance among Hindus.
Any adoption made in contravention of the said
provisions shall be void. No adoption which has been
validly made can be cancelled, nor can the adopted
child renounce his or her status as such and return to
the family of his or her birth. Also no person shall

receive or agree to receive any payment or other reward
in consideration of the adoption of any person.
1) Requisites of a valid adoption
No adoption shall be valid unless—
1) The person adopting has the capacity and the
right, to take in adoption;
2) The person giving in adoption has the capacity
to do so;
3) The person adopted is capable of being taken in
adoption; and
4) The adoption is made in compliance with the
other conditions under this act.
2) Capacity of a male Hindu to take in adoption
Any male Hindu who is of sound mind and is not a
minor has the capacity to take a son or a daughter
in adoption.
3) Capacity of a female Hindu to take in adoption
Any female Hindu who is of sound mind, who is not
a minor, who is not married, or if married, whose
marriage has been dissolved or whose husband is
dead or has completely and finally renounced the
world or has ceased to be a Hindu or has been
declared by a court of competent jurisdiction to be
of unsound mind, has the capacity to take a son or
daughter in adoption.
4) Persons capable of giving in adoption
No person except the father or mother or the
guardian of a child shall have the capacity to give
the child in adoption. The father, if alive, shall

alone have the right to give in adoption, but such
right shall not be exercised without the consent
of 5 the mother unless the mother has
completely and finally renounced the world or has
ceased to be a Hindu or has been declared by a
court of competent jurisdiction to be of unsound
mind.
The mother may give the child in adoption if the

father is dead or has completely and finally
renounced the world or has ceased to be a Hindu
or has been declared by a court of competent
jurisdiction to be of unsound mind. Where both the
father and mother are dead or have completely and
finally renounced the world or have abandoned the
child or have been declared by a court of competent
jurisdiction to be of unsound mind or where the
parentage of the child is not known, the guardian
of the child may give the child in adoption with the
previous permission of the court to any person
including the guardian himself.
5) Persons who may be adopted
No person shall be capable of being taken in adoption

unless
 he or she is Hindu,
 has not already been adopted,
 has not been married, unless there is a custom

which permits married persons to be taken in
adoption,
 he or she has not completed the age of fifteen

years.
6) Effects of adoption
An adopted child shall be deemed to be the child of

his or her adoptive father or mother for all purposes
with effect from the date of the adoption and from
such date all the ties of the child in the family of
his or her birth shall be deemed to be severed and
replaced by those created by the adoption in the
adoptive family. The child cannot marry any person
whom he or she could not have married if he or she
had continued in the family of his or her birth, any
property which vested in the adopted child before
the adoption shall continue to vest in such person
subject to the obligations, if any, attaching to the
ownership of such property including the obligation
to maintain relatives in the family of his or her
birth. The adopted child shall not divest any person
of any estate which vested in him or her before the
adoption.
The Guardian and Ward Act (GWA), 1890
Muslims, Christians and Parsis can take a child under

the said Act only under foster care. Once a child under
foster care becomes major, he is free to break away all
his connections. Besides, such a child does not have
legal right of inheritance. Foreigners, who want to
adopt Indian children, have to approach the court under
the aforesaid Act. In case the court has given permission
for the child to be taken out of the country, adoption
according to a foreign law, i.e., law applicable to
guardian, takes place outside the country. Adoption in
the Hindus is covered by The Hindu Adoptions Act,
1956. The general law relating to guardians and wards
is contained in the Guardians and Wards Act, 1890. It
clearly lays down that father’s right is primary and no
other person can be appointed unless the father is
found unfit. It also provides that the court must take

into consideration the welfare of the child while
appointing a guardian. The child, however, does not
get the same status as a child born biologically to the
family. Unlike a child adopted under the Hindu Adoption
and Maintenance Act, 1956 the child cannot become
their own, take their name or inherit their properly by
right. This Act confers only a guardian-ward
relationship. This legal guardian-ward relationship
exists until the child completes 21 years of age.
Foreigners, who seek to adopt an Indian Child, can do
so under this Act to assume legal Guardianship of the
child, after giving an assurance to the court, that they
would legally adopt the child as per the laws of their
country, within two years after the arrival of the child
in their country.
Maintenance
Maintenance of children
A Hindu is bound, during his or her lifetime, to maintain

his or her legitimate or illegitimate children. A
legitimate or illegitimate child may claim maintenance
from his or her father or mother so long as the child is
a minor. The obligation of a person to maintain his or
her daughter who is unmarried extends in so far as
the unmarried daughter, as the case may be, is unable
to maintain herself out of his or her own earnings or
other property.
Maintenance of dependants
The heirs of a deceased Hindu are bound to maintain

the dependants of the deceased out of the estate
inherited by them from the deceased. Dependants,
among others, include Deceased person’s son,
unmarried daughter, minor illegitimate son, so long as
he remains a minor, illegitimate daughter, so long as

she remains unmarried.
Age of Child
A child is defined variously. Whether one is a child or

not, depends upon the law which is being invoked in a
given case. The Hindu Minority and Guardianship Act
(HMGA), 1956, in Section 4 (a), defines a ‘minor’ as a
person who has not completed the age of 18 The age
of majority for the purposes of appointment of guardians
of person and property of minors, according to the
Dissolution of Muslim Marriages Act, 1939, is also
completion of 18 years. Christians and Parsis also
reach majority at 18. Significantly, under the Child
Marriage Restraint Act, 1929, which is a secular law,
the age of marriage is 21 years for males and 18 years
for females. But the age of marriage in Muslim personal
law is the age of puberty (around 14 years). It was held
that Muslims are not exempted from this law. If the
marriage of a Muslim girl is performed while she is a
minor, the marriage cannot be void, but the persons
who participated in the marriage are not immune from
the legal punishment provided under Sections 4, 5 and
6 of the Child Marriage Restraint Act. A Muslim girl
can marry on attaining the age of puberty, and her
marriage cannot be declared void because she is below
the age of 18, according to the Child Marriage Restraint
Act. Thus, the definition of a child is differently
interpreted under different laws presenting a peculiar
dilemma before us, yet to be resolved. While the
Convention clearly states that a child is one who has
not attained the age of 18 years, in India wer are still
undecided as will be evident from the chart given
below:
Indian Laws and Age of Child

Acts ( In Years) Age of Child
1. The Child Marriage Restraint
Act 21 for male and 18 for female
2. The Indian Majority Act 18
3. The Hindu Minority and
Guardianship Act, 1956 18
4. The Child ( pledging of
Labour) Act, 1933 15
5. The Factories act, 1948 14
6. The Child Labour (Prohibition and
Regulation) Act, 1986 14
7. The Apprentices Act, 1961 14
8. The Juvenile Justice Act, 2000 18
9. The Immoral Traffic
(Prevention) Act 16
The Child Marriage Restraint Act, 1929

“The Child Marriage Restraint Act, 1929” was passed
to restrain the solemnization of child marriage.
Child” means a person who, if a male, has not completed
twenty one year of age, and if a female, has not
completed eighteen years of age.
Punishments prescribed for the offences under the
Act:
1) If a male above eighteen years of age and below
twenty one, contracts a child marriage, he shall be
punishable with simple imprisonment which may
extend to fifteen days, or with fine which may
extend to one thousand rupees, or with both.
2) Whoever, being a male above twenty one years of

age, contracts a child marriage, he shall be
punishable with simple imprisonment which may
extend to three months and shall also be liable to
fine.
3) Whoever performs conducts or directs any child
marriage shall be punishable with simple
imprisonment which may extend to three months
and shall also be liable to fine unless he proves
that he had reason to believe that the marriage
was not a child-marriage.
4) Where a minor contracts a child marriage, any
person having charge of the minor (below 18 years),
whether as parent or guardian or in any other
capacity, lawful or unlawful, does any act to promote
the marriage or permits it to be solemnized, or
negligently fails to prevent it from being solemnized,
shall be punishable with simple imprisonment which
may extend to three months and shall also be
liable to fine.
Laws Regulating Child Labour

Child labour is a malady which is slowly eating up the
childhood of millions of our children. Laws are available
to cure this disease but what is most needed is their
strict application by the implementing agencies. Census
reports clearly point to a rise in the number of child
labourers in the country from 11.28 million in 1991 to
12.59 million in 2001. Although the number of children
employed in the agricultural sector, in domestic work,
roadside restaurants, sweetmeat shops, automobile
mechanic units, rice mills and many such sectors is
not known, there is ample evidence to suggest that
more and more children are entering the labour force
and are being exploited by their employers. The existing
law on child labour that allows children to work in

occupations that are not considered harmful contradicts
the right of every child to free and compulsory education.
No attempt has been made to address this paradox. A
PIL has been filed with the Supreme Court of India
challenging the validity of the Child Labour Act in the
wake of the Constitutional guarantee of the right to
education for children in the 6-14 age-groups.
Child Labour (Prohibition And Regulation) Act, 1986
“The Child Labour (Prohibition And Regulation) Act,

1986” was passed by parliament in the thirty-seventh
year of the Republic of India.
1) The Act extends to the whole of India. It defines a

‘ child’ as a person who has not completed his
fourteenth year of age; an adolescent’ means a
persons who has completed his fourteenth year of
age but has not completed his eighteenth year;
2) It prohibits the employment of children in certain

occupations and processes set forth in part A and B
of the schedule, to which the Central Government,
may add any occupation or process. The Central
Government is empowered to constitute an advisory
committee to be called the Child Labour Technical
Advisory Committee for the purpose of addition of
occupations and processes to the Schedule.
3) The conditions of work of Children, such as hours

and period of work have been regulated as follows:
 No child shall work for more than three hours

before he has had an interval for rest for at
least one hour.
 The period of work of a child shall be so arranged

that inclusive of his interval for rest, it shall
not be spread over more than six hours,
including the time spent in waiting for work on
any day.
 No child shall be permitted or required to work

between 7 p.m. and 8 a.m.
overtime.
in any establishment on any day on which he
has already been working in another
establishment.
 Every child employed in an establishment shall
be allowed in each week, a holiday.
There shall be maintained a register by every occupier
in respect of children employed which is to be available
for Inspection at all times during working hours,
specifying the hours of work and the intervals of rest
to which he is entitled; and the nature of work of any
such child; Every certificate as to the age of a child
which has been granted by a prescribed medical
authority shall, for the purposes of this Act, be
conclusive evidence as to the age of the child. The
appropriate Government may, by notification in the
official Gazette, make rules for the health and safety of
the children employed or permitted to work in any
establishment or class of establishments such as,
cleanliness in the place of work, disposal of wastes and
effluents, ventilation and temperature, dust and fume,
artificial humidification, employment of children on
dangerous machines excessive weight, etc.
Appraisal
The most prominent economic sectors that employ

children are agriculture, carpet, stone quarries, brick
kilns, construction, garments, sarees, diamond cutting
and polishing, slate, glass and bangles, matches and
fireworks, beedi, lock, restaurants, garages etc. The
children working in these areas, to a large extent, are
found in bondage. They are made to work for 12-14
hours under most appalling conditions with no wages.
Disease or injury during the work is blatantly ignored
by the employer. The existing law on child labour that
allows children to work in occupations that are not
considered harmful is juxtaposed against the right of
every child to free and compulsory education. The
dismal performance of the governments in the
implementation of the child labour laws and alarming
rise of 4 per cent per annum of the menace, speak
volumes of the absence of the political and
administrative will. It is well known that the present
child labour laws have flaws and anomalies, but then,
that does not absolve the government of its proper
implementation.
The three consecutive reports of Parliamentary

committee on child labour, various reports of
commissioners of Supreme Court and the report
submitted by the Commission on Labour Standards all
indicate the abject failure to check violation of child
labour laws. The reports had brought some meaningful
suggestions to improve the situation, but the
government chose to conveniently push them in cold
storage, leave alone contemplating on them. The present
Child Labour Law (1986) which provides for a fine up to
20,000 and imprisonment from 3 months to 2 years is
a toothless law fraught with many loopholes. For
example, out of the 4000 cases registered against the

offenders of child labour law, nearly 3,500 were let off
with paltry penalty of less than Rs 200. The rest are
still gathering dust in various courts. It is a fact that
till date that not even the worst child exploiter has
been punished.
Other Indian Statutory Provisions on Child

Employment are contained in the following Acts:
Children (Pledging of labour) Act, 1933
Factory Act, 1948
Mines Act
Plantation labour Act, 1959
Motor Transport Act, 1961
Beedi and Cigar Workers Act, 1966
Employing Children Act, 1938
Merchant Shipping Act, 1958
State Shops and Commercial Establishments Act
The Apprentice Act, 1961
The Contract Labour Act, 1970
Juvenile Justice System

The Indian Penal Code (IPC), the primary penal law in
India, contains two special provisions in relation to
children—
1) It declares that nothing done by a child below the

age of 7 is an offence
2) That all children above the age of 7 but below the
age of 12 are presumed to have the mental capacity
that makes a person liable for commission of an
offence.
Thankfully though, the Juvenile Justice Act, 2000
provides for no punishment but only corrective measures
for all children below the age of 18 found to have
committed an offence. The criminal justice system as
available for the adults is not suitable to be applied to
a juvenile or a child. As a step towards achieving the
Constitutional aims, the Juvenile Justice Act, 1986,
was enacted “to provide for the care, protection,
treatment, development and rehabilitation of neglected
or delinquent juveniles and for the adjudication of
certain matters relating to, and disposition of,
delinquent juveniles”. The Juvenile Justice (Care and
Protection of Children) Act, 2000” was passed by
parliament in the fifty-first year of the Republic of
India which an improvement of its earlier version
passed in 1986.
The Juvenile Justice (Care and Protection of Children)
Act, 2000
The Juvenile Justice (Care and Protection of Children)
Act, 2000 (JJA 2000) is applicable to the whole of India,
except the state of Jammu and Kashmir, and lays
down a non-penal protective juvenile justice system.
JJA 2000 applies to all children below the age of 18
years, who may have committed an offence or may be
in need of care and protection. This legislation was
passed to bring the law in conformity with international
legal provisions contained in the UN Convention on the
Rights of the Child.
Important provisions
From the statement of the objectives embodied in the
preamble of the Act, it is clear that the Act caters to
provide:
 Care
 Protection
 Treatment
 Rehabilitation
to two categories of children namely,
1) children in need of care and protection
2) juveniles in conflict with law 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 through various
institutions established under the Act.
“Child in need of care and protection” should meet
any of the following conditions, to qualify as such—
1) who is without any home and without any ostensible
means of subsistence,
2) who resides with a person there is a reasonable
likelihood of the child in question being injured,
killed, abused or neglected.
3) who is mentally or physically challenged or ill or
suffering from terminal diseases or incurable
diseases having no one to support or look after;
whose parents or guardian are unfit or
incapacitated to exercise control.
4) whose parents have abandoned him and has no
body to take care or has run away and the parents
cannot be found; who is found vulnerable and is

likely to be inducted into drug abuse or trafficking,
5) who is or is likely to be abused, tortured or
exploited for the purpose of sexual abuse or illegal
acts,
6) who is victim of any armed conflict, civil commotion
or natural calamity;
The Act envisages the constitution of two parallel set
of authorities for the two categories of children, namely
the delinquents and the neglected. The Act mentions
the procedure of how and when they will function.
Authorities Constituted under the Act
Juvenile in Conflict Child in Need of Care
With Law and Protection
Juvenile Justice Board Child Welfare Committee

 Comprising a  Comprising a
Magistrate and Chairperson and
two social workers four other members
of whom at least of whom at least
one should be a one shall be a
woman. Magistrate woman and
should have the another, an expert
knowledge or on matters
training in child concerning
psychology. children.
 On arrest, the  Any child in need

concerned police of care and
officer shall inform- protection may be
produced before the
(a) the parent or
committee by one
guardian of the
of the following
juvenile, if he can
be found, and persons 1. any

direct him to be police officer or
present at the special juvenile
Board before police unit. 2.
which the Any public
juvenile will servant. 3.
appear; childline. 4. Any
social worker or
(b) the probation public spirited
officer of such citizen
arrest to enable authorized by
him to obtain the state
information government. 5.
regarding the Child himself.
antecedents and
family background
of the juvenile
likely to be of
assistance to the
Board for making
the inquiry.
 In case the JJB  The Committee
finds that the child shall have the
has committed an powers to
offence, it may pass restore any
any of the following child in need of
orders: care and
protection to his
1) release after due parent,
admonition and guardian, fit
counseling to person or fit
him/her and the institution.
family;
2) Keep under the

supervision of
parents/
guardian/
probation officer/
fit person or
institution;
impose fine; send
for community
service; order
group counseling;
send to special
home.
3) No child can be
sent to death or
imprisonment or to
prison in default of
payment of fine. In
case the child is
above 16 years of
age and commits a
very serious
offence, he/she
may be ordered to
be kept in safe
custody. A child
dealt with by the
JJB does not
suffer any
disqualification
attached to
conviction for an
offence.
Observation homes Children’s Home

 Establishlished  Established and
and maintained by maintained by State
state government Government or in
itself or along with association with
voluntary voluntary
organizations, in organizations, in
district or group of district or group of
districts. districts.
 For temporary
 For the reception of
reception of any
child in need of care
juvenile in conflict
and protection during
with law during
the pendency of any
the pendency of
inquiry and
any inquiry
subsequently for their
regarding them
care, treatment,
under this Act.
education, training,
 The state development and
government has to rehabilitation.
provide funds for
 To provide for the
the management
care, treatment,
of the observation
education, training,
homes and for the
development and
rehabilitation and
rehabilitation of the
social integration
child.
of a juvenile
 The state government
 Every juvenile
has to provide fund for
sent to an
the management of
observation home
the children’s homes
shall be initially
and rehabilitation of
kept in a reception
the children.
unit of the
observation home
for preliminary  Social auditing: The

inquiries, care and Central Government
classification of or State Government
juveniles may monitor and
according to age evaluate the
group, giving due functioning of the
considerations to children’s homes..
physical and
mental status and
degree of the
offence committed,
for further
induction into
observation home.
Special Homes Shelter homes

 Established and  Reputed and
maintain by State capable voluntary
Government by organizations may
itself or with be recognized and
voluntary provided assistance
organizations, in to set up and
every district or administer shelter
group of districts. homes.
 Where the state
government is of  shall function as
opinion that any drop-in-centres for
institution other the children in the
than a home need of urgent
established is fit, support who have
it may certify such been brought to
institution as a such homes.
special home for
the purpose of this
Act.
 fund for the  To provide for the

management of care, treatment,
the special homes education,
and for the training,
socialization of a development and
juvenile rehabilitation of
delinquent to be the child.
provided by State
Government.
After-care organization- The State Government is
empowered to draw the rules that provide:
a) for the establishment of after-care organisation
and their functions;
b) for a scheme of after-care programme to be followed
by such organizations for the purpose of taking
care of juveniles or children after they leave the
homes and for the purpose of enabling them to
lead an honest, industrious and useful life;
c) for the preparation or submission of a report by the

probation officer in respect of each juvenile or the
child prior to his discharge from a special or
children’s home, regarding the necessity, nature
and period of after-care and the period of such
after-care;
d) for the standards and the nature of services to be

maintained by such after care organisation;
No rule shall provide for such juvenile or child to stay

in the after-care organisation for more than three
years:
Provided further that a juvenile or child over seventeen

years of age but less than eighteen years of age would
stay in the after-care organization till he attains the

age of twenty years.
Positive features
 The law is based on the premise that

institutionalization is not the best option, hence
offers a variety of options to be exercised by the
Board in the best interest of the juvenile, such as,
allow the juvenile to go home after advice; direct
the juvenile to participate in group counseling or to
perform community services; released on probation
of good conduct etc. The law recognizes that the
primary responsibility for providing care and
protection to children shall be that of the family.
 The Act also prescribes that each police station

should have a special police officer to deal with
children - whether arrested for committing an
offence or in need of care and protection. These
police officers should have special training to deal
with children in a friendly manner.
 Chapter iv is of immense significance for
professional social workers as it speaks the
language of social work as when it lays emphasis
on the concept of rehabilitation and social
integration of the child. There is great scope for a
social worker’s role in this Act because of its
correctional nature.
 During the stay of the child in a children’s home or
special home, the rehabilitation and social
reintegration of children shall be carried out
alternatively by (1) adoption, (2) foster care (3)
sponsorship (4) sending the child to an after-care
organization, to ensure family care to children.
Provisions for adoption of children under this Act
are much wider than those under the Hindu
Adoption and Maintenance Act as any person can

adopt any child, irrespective of religion, the number
or sex of natural-born children, the adoptive parent
may already have. Adoption under JJA 2000 was
implemented as a measure to provide for the welfare
and care of children and not as a religious act.
Observation homes fulfil the need to provide shelter
to the child when the case is under procedure.
 No report in any newspaper, magazine or visual
media, of any inquiry regarding a juvenile in conflict
with law under this Act shall disclose any
particulars so as to lead to the identification of the
juvenile nor shall any picture of any such juvenile
be published. There is, thus, an endeavor to conceal
the identity of the delinquent and thereby save
him from a stigma.
 The sponsorship programme is another unique
feature of the Act designed to provide supplementary
support to families, to children’s homes and to
special homes to meet medical, nutritional,
educational and other needs of the children with a
view to improving their quality of life. The State
Government has been empowered to make rules
for the purposes of carrying out various schemes of
sponsorship of children, such as individual to
individual sponsorship, group sponsorship or
community sponsorship.
 The Juvenile Justice Act, thus, has helped to ensure
a uniform juvenile justice system throughout India.
While the legislation was enacted with good
intentions, there are still many road blocks in its
implementation. in a country where millions do
not have birth certificates, to determine whether
an offender is a child or not. Let us take a look at
some of its drawbacks:
Drawbacks
 While the legislation has been made with the best

intentions, its tardy drafting has invited much
criticism.
 Its implementation, also, has been piecemeal. The

biggest problem faced in implementation is the
absence of all-India data relating to the status of
children in India. There certainly are no figures
available on the number of children in need of care
and protection as defined under JJA 2000. In the
absence of basic data relating to children, proper
planning is not possible.
 The largest number of cases that come before the

Courts under this legislation have been for
determination of the age. In the absence of a birth
certificate, a child may easily be excluded from the
operation of the JJA and denied its care and
protection.
 Many juvenile courts do not have presiding officers;

there is inordinate delay in disposal of cases
proceedings and lack of infra-structural support.
All these have made the whole system counter-
productive, authoritarian and inimical to child
rights.
 The Act does not deal with child sexual abuse and
makes no provision for safe custody and treatment
for a child as a victim. The child should be seen as
deserving of sympathy and assistance and not as
part of a criminal network. The Juvenile Justice
Act was amended and rewritten in 2000, but it
makes no attempt to identify sexual abuse on
children. Sec. 23 of the Act only deals with assault,
exposes, willful neglect, mental and physical
suffering, for which imprisonment for a term of

just 6 months is prescribed.
The Laws Governing Abuse and
Trafficking Among Children
India has the world’s largest number of sexually abused
children, with a child below 16 raped every 155th
minute, a child below 10 every 13th hour, and at least
one in every 10 children sexually abused at some point
in time. According to some estimates nearly 53 per
cent of Indian children face sexual abuse.
The first ever national-level study by the Ministry of
Women and Child Development covered 13 of India’s 29
states with a sample size of 12,447 children in the 5-
12 age-group, and 2,324 young adults. The study divided
abuse into three categories, namely physical, sexual
and emotional abuse. The study revealed that over 50
per cent of children had experienced physical abuse,
with nearly 88.6 per cent subjected to it by their own
parents. Nearly 65 per cent of schoolchildren reported
being beaten by their teachers, mostly in government
schools. A shocking 53 per cent of children admitted
having faced sexual abuse and half of them were
targeted by people known to them. While 41 per cent of
children in the 5-12 age-groups complained of being
forcibly kissed, the number came down to 25 per cent
in the 13-14 age-group. Similarly, around 26 per cent
of teenagers reported being forced to exhibit their private
parts; the relevant figure for those below 12 was 36 per
cent. What makes the situation grave is that around 70
per cent of abused children never reported the matter
to anyone. While Assam (86%) topped the list of states
where children faced sexual abuse, Andhra Pradesh
and Delhi followed closely at 73 per cent and 72.26 per
cent respectively. Rajasthan reported the lowest
complaints at 29.36 per cent.
Sexual Abuse and the law

Every child is vulnerable to sexual abuse. We live in an
age in which childhood and its innocence is under
greater threat more than ever before and ironically the
threat is more often from those whom we know and
trust, such as neighbours, uncles, caretakers, etc.,
than strangers. Parents must realize that there is a
possibility that someone might hurt or take advantage
of their child. The abuse can take any form:
 Sexual touching and fondling.
 Exposing children to adult sexual activity or
pornographic movies and photographs
 Having children to reveal or undress
 Rape, attempted rape or molestation
Paedophilia, is the physical or mental violation of a
child with sexual intent, usually by an older person
who is in some position of trust and/or power, vis-à-vis
the child. The term paedophile refers to any adult who
habitually seeks the company of children for the
gratification of his/her sexual needs. There are a
number of laws related to children, but no single
comprehensive law that discusses the issue of child
abuse or sexual abuse in general. The law, as it stands
currently, is unable to take any concrete steps to hold
these people in check. Child sexual abuse occurs in
three ways typically: incestuous abuse (i.e. by family
members of victims), sexual abuse by strangers, and
child prostitution. In conservative societies, as ours is,
incest is less likely to be reported to the police, because
of fear of social disgrace. Families often be hushed
about it and try to ‘resolve’ the issue privately because
they view it as not a criminal matter. From the victim’s
point of view, however, incest may be more traumatic

than rape by strangers, because such behaviour may
be continued over a period of time and the victim
remains helpless to protect herself from such abuses.
In addition, it may have long-term psychological effects.
The victim develops an inner sense of guilt and
depression, which may have long-lasting effects on her
personality development. We still do not have a law
against child sexual abuse; child marriage is rampant
in spite of amendments to the law; although education
is a fundamental right, the process of delivery of this
most vital right faces major funds constraints and
administrative hurdles; and the huge increase in the
number of missing girls has not yet been arrested
despite the Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibition of Sex Selection) Act.
The laws dealing with sexual offences do not specifically
address child sexual abuse and do not take any notice
of the innocence of the child and the indelible harm
that his fragile psyche has been subjected to. Only
rape and sodomy can lead to criminal conviction,
anything less than rape amounts to ‘outraging the
modesty’. Our laws are problematic when applied to
adult women, but even more so when applied to children.
While sec. 376 of IPC seeks to provide women redress
against rape, it is rarely interpreted to cover the broad
range of sexual abuses, particularly of children. Thus,
there is only one avenue available to the sexually
abused child: the Indian Penal Code, 1860. The
disadvantage is that the Indian Penal Code has no
specific provisions with regard to child sexual abuse
and the offence is called as “rape.” Thus, if rape cannot
be proved, the child is unable to get justice. Another
loophole is that the Code always talks of rape victims
as female and the offender as a male. The rape of a boy
is not even recognized by the Code, under the Indian
law, the rape of a boy amounts to an ”unnatural offence”.

Unfortunately, while consenting adult homosexuals are
penalized, pedophiles, who prey upon hapless children,
get away easily.
Child Trafficking
Scores of children in India are forced into the sex trade
because of their poverty and often sold into prostitution
by their parents, who then live off their earnings.
When the brothels are raided, these children find
themselves “rescued” under the Juvenile Justice Act,
1986, and held in State-run juvenile rehabilitation
centres, the brothel-keepers, who should have been
prosecuted, generally get away. Thousands of women
and children are being trafficked every year making it
as the third largest industry, after the arms and drugs
trade. A recent study of 412 brothel owners from 12
states revealed that there were six girl-children on
average per brothel. One-hundred-and-sixty traffickers
interviewed admitted that young girls were their main
target. In 35 per cent of cases, it is families that sell
their women into the flesh trade for as little as Rs
1,000-Rs 5,000
The Prevention of Immoral Traffic Act (PITA) was passed
for prevention of immoral traffic. All persons, whether
male or female, exploited sexually for commercial
purposes come under the purview of PITA. The Act also
distinguishes between “child” and “minor.” A “child” is
a person under sixteen year of age and a “minor” is
between sixteen and eighteen years of age. Under the
Act, offences that involve children are dealt with strictly
by enhancing the period of imprisonment. Sec. 5 of the
Immoral Traffic Prevention Act, 1956 prescribes
punishment of not less than 7 years for inducing a
child into prostitution, but does not directly address
child abuse. Despite the stringent provisions of PITA, it
is estimated that there are about 5, 00,000 child sex

workers in India and there is an annual increase of 8
to 10 per cent. India’s child-flesh industry is considered
the second largest in the world with children also
smuggled abroad for such purposes. In Mumbai, 30 per
cent to 35 per cent sex workers are children, and the
age of the child sex worker is reducing every year.
Young girls continue to be the main target of the
traffickers, especially since clients are eager to have
sex with virgins. Transactions in prostitution are
reported to gross Rs 40,000 crore per annum, with
revenues being shared between procurers, pimps,
brothel keepers and the police. What is needed in
order to remedy the situation is not so much the
enactment of new laws as the adherence to the ones
that are in place. More than anything else what we
need to ensure is that the Indian law abides by the
spirit in which the UN Convention for the Rights of the
Child was enacted. Promotion, respect and appreciation
of the rights of the child by the society is the only
effective way to prevent the abuse of children, merely
paying lip sympathy on the International Day for the
Rights of the Child - 19th November - is insufficient.
What we need is continuous development of law and
civil society responses to this problem. In the legal
arena, the problems in addressing child abuse are not
so much related to the absence of law, as to the lack of
awareness and information, which makes this problem
that much challenging.
Conclusion
Legislation for the children is a mirror that reflects the
concern of a nation for its children. India is a signatory
to the UN Convention on the Rights of the Child 1989.
India ratified this Convention in 1992. This International
Convention obligates member States to protect and
promote the physical and psychological health of

children. They must take affirmative action to protect
children from all forms of sexual abuse, neglect,
exploitation, torture, or any form of cruelty. Most of the
above ‘Rights of the Child’ find prominent place among
the Fundamental Rights and the Directive principles of
State Policy. The Supreme Court, as part of the system
of governance of the country has been involving these
principles in interpretation of statutes and in
implementation of fundamental human rights.
The Parliament and the State Assemblies have been
doing their bit in bringing forward appropriate legislation
to support the status and welfare of children. A long
list of beneficial laws has been put in the statute book
translating constitutional directives and guarantees
into legislative enactments. As a legislative support to
Child’s Rights, the State has enacted the Child Labour
Prohibition laws, the Juvenile Justice Act, Child
Marriage Restraint act, etc. Apart from this constant
endeavors are being made to bring forth new laws to
plug the existing gaps and to repeal outdated laws and
practices in respect of children. But still there are
glaring gaps. We still do not have a law against child
sexual abuse; child marriage is rampant in spite of
amendments to the law. Although education is a
fundamental right, the process of delivery of this vital
right faces major funds constraint and administrative
hurdles; and the huge increase in the number of
missing girls has yet to be arrested despite the Pre-
Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act.
On child prostitution, rights of disabled children and
neglected street children, there are either no
comprehensive laws or the ones there are, highly
inadequate when compared to the principles and
standards of the Convention. In India we still do not

have a uniform law governing adoption among different
religious communities. Adoption is recognized under
the Hindu personal law, but is not recognized by
Muslims, Christian and Parsis. The existing law on
child labour that allows children to work in occupations
that are not considered harmful contradicts the right
of every child to free and compulsory education. No
attempt has been made to address this paradox. The
present Child Labour Law (1986) is a toothless
instrument fraught with loopholes. The Juvenile Justice
(Care and Protection of Children) Act, 2000 lays down
a non-penal protective juvenile justice system for all
children who have not completed the age of 18 years
who may have committed an offence or may be in need
of care and protection. The Act envisages the
constitution of two parallel set of authorities for the
two categories of children, namely the delinquents and
the neglected. There are a number of laws related to
children, but no single comprehensive law that
discusses the issue of sexual child abuse or sexual
abuse in general. Thousands of women and children
are being trafficked every year. Young girls continue to
be the main target of the traffickers, especially since
clients are eager to have sex with virgins. Under PITA,
offences that involve children are dealt with strictly
by enhancing the period of imprisonment.
The existing laws must be strengthened and mindsets
changed. Laws intended for the needy, neglected and
vulnerable groups are passed by our legislature to help,
protect and uplift them but somewhere in the mind
lurks a fear whether these laws will be fully and fairly
implemented. Infact, this is true of most of our laws,
more so the ones enacted for children. Despite the
existing laws, policies and commitments, the actual
situation for India’s children in areas of health,
education, nutrition, care and protection is quite

alarming. Knowing fully well that they are too vulnerable
to stand up and fight for their Constitutional and legal
rights, they continue to face deprivation and neglect,
often at the hands of their own people. The prevailing
distortions need correction and urgently at that, lest
we have a childhood – abused, exploited and neglected-
stepping into an impoverished youth. In reality, all the
odds are stacked against the children and the poor
children have it even worse, as they do not have the
wherewithal to stand up and fight for their rights. The
State must take affirmative action in protecting children
from all forms of sexual abuse, neglect, exploitation,
torture, or any form of cruelty.
References
Hindu Law, (Eastern Law Book Company, Lucknow,
Second Edition 2003).
Publishing Company, New Delhi.
Planning Commission (1956) Social Kegislation: It’s Role
18
Legal Aid, Social Advocacy and

Role of Social Worker
* Ranjana Sehgal
Introduction
Constitution promises justice, liberty and equality to
all and our laws in their entirety are based on that
premise. However, even after 58 years of having adopted
the Constitution, we still have to deliver on these
promises. Administration of justice stays out of reach
of millions of Indians, especially the poor and
marginalized sections. Though substantial social
legislation has been enacted for the weaker sections
since Independence, it is doubtful if the benefits have
actually reached them, given their ignorance of the
constitutional and legal rights. Increasing judicial
activism, leading to the emergence and acceptance of
the concepts like social advocacy, public interest
litigation and legal aid, is finally bringing justice with
in the reach of the common man by enabling him to
access the judicial system through these mechanisms.
In the process of accommodation and adjustment among
the different groups in a plural society, the judiciary
plays a key role, often deciding the direction and pace
of the adjustment of the conflicting interests. The
courts are under a perennial obligation to uphold the
Constitution, even if sometimes, it entails taking on
the role of a policy formulating or legislating agency,
which is not truly its domain. The courts have to
sometimes, supplement and promote executive and
Legal Aid, Social Advocacy and Role of Social Worker 509
legislative tasks, especially, in situations when issues

of human rights and social justice are at stake. The
judiciary cannot be a mute spectator to the executive
failure in the implementation of the programs and
policies sanctioned by the legislature. Social work
acknowledges that social problems do exist, and social
work intervention helps people to cope with or adjust to
an existing institution or to modify existing policies in
a limited fashion. The time has, however, come to
orient and motivate the social workers to make their
presence felt in the legal arena by actively fighting for
and upholding the rights of the oppressed through
mechanisms of legal assistance, social advocacy and
public interest litigation.
Concept and Objectives of Legal Aid

According to Gangrade, legal aid, as it was understood
a few years ago meant defending an accused from
criminal charge or helping the needy in litigation in
civil cases and was primarily in the domain of the
lawyers, who gave advice and fought cases on their
behalf, free of cost. Free legal aid in a popular sense is
a legal service to the weaker sections of the society.
However, conceptually speaking, the vista of legal aid
is very broad and can encompass within its fold a wide
range of activities, the objective being social justice.
Legal aid should not be restricted to mean only the
advice and litigation help by the practicing lawyer. It is
a vast concept and includes activities like:
 spreading literacy by educating people of their basic
rights, by supporting their litigation, by reducing
the cost of litigation and delay in justice,
 bringing test cases before the courts,
 identifying the general problems of the community

and conducting the legal studies,
 suggesting new law reforms, by making the
judiciary, lawyers and administrators sensitive to
the problems of people,
 identifying the problems of the poor and the
backward and suggesting suitable changes in the
law,
 advising the habitual litigants about the
disadvantages of unnecessary litigation and
counseling them to avoid litigation, particularly in
those cases which have impact on the family,
 giving legal counseling so that disputes could be
resolved either mutually by the parties themselves
or through conciliatory processes etc.
Legal aid, thus, actually helps in the process of social
justice and legal order. One of the basic cause of the
failure of policy and program of legal aid has been the
impression in the public mind that if legal aid is
encouraged, it would bring in more litigation which
would bring in disequilibrium, adversely affecting justice
and legal order. Hence the concept of legal aid has to
be understood in the correct perspective so that its
objectives can be achieved, which is not possible without
the active participation of the lawyers, courts, police,
administrators, law teachers, trained social workers
and public at large.
Objectives of Legal Aid
 To provide legal help for every one, especially the
poor and weaker sections of society.
 To procure financial support from State for those
advocates who provide legal aid.
 To motivate voluntary organizations to provide legal

assistance.
 To provide legal help to those who are in prison and
deserve justice.
The nature of the aid could be all or any of the types given
below:
1) Court fees, order fees, expenses on books and
papers, advocate fees.
2) Providing advocate.
3) Providing copies of decision, orders, comments given
in the legal procedure.
4) Drafting of legal documents.
5) Providing legal advice.
Who deserve legal aid?
In view of the limited resources which are available,
legal aid cannot be made available to all at all time.
The Krishna Iyer committee on legal aid has done a
good job by identifying the following groups deserving of
legal aid:
i) The geographically deprived, ii) The villagers, iii)
The agricultural labour, iv) Industrial workers, v)
Women, vi) Children and the young, vii) The harijans,
viii) Minorities, ix) Prisoners, x) and any other
socially, physically and mentally disadvantaged
groups.
Legal Aid to The Poor and The Constitution

Enforcement of rights is only possible if people know
the law of the land and have the means to access it. It
is very difficult to describe poverty precisely, however,
its net effect is that one is unable to maintain his/her

physical or mental efficiency and participate in the
development of society. Unfortunately, our legal system
is frightfully expensive and suffers from so much delay
that justice seems to be out of bounds for the poor and
they have little faith in it. When people are ignorant of
the legal processes and unable to access them, they
become victims of injustice. Similarly, if the law looks
good only on paper and is not translated into reality, it
becomes meaningless. We are well aware of how our
system works, heavily loaded as it is in the favour of
the economically strong and powerful. To neutralize
this bias which is deeply embedded into our system,
the weaker sections of society require legal aid and
assistance to set right the system. Legal aid service
programs, thus, become a great tool of socio-economic
justice in such a scenario. Our Constitution provides
for the creation of structures from the national to the
district level for free legal aid.
The concept of legal aid is enshrined in our Constitution

under Article 39. The concept of legal aid as embodied
in our Constitution reads as under:
‘The State shall secure that the operation of the legal

system promotes justice on the 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.’
This Article is a directive to the State to give a level
play field to all the litigants of the case by providing
free legal aid. The judgment of the Supreme Court in a
case {(1908) ISCC 99} further gives strength to the right
of the poor to legal aid as a fundamental right. It says
that ‘the right to free legal service to the poor and
needy is an essential ingredient of reasonable, fair
and just procedure for a person accused of an offence

and it must be held implicit in the Fundamental Right
to life and Liberty guaranteed under Article 21 of the
Constitution.’ This judgment puts a seal on the right of
every accused to engage a lawyer and secure legal
service.
In compliance of the Constitutional directive, the

Government of India started a legal aid scheme in
1981 which we shall now examine.
Legal Aid and Government Initiatives

Broadly there are four institutions for legal aid.
1) State
2) Courts
3) Lawyers
4) Voluntary agencies/social workers
In India all these forms of legal aid exists, albeit in a
small measure. Since 1952, the Government of India
started addressing the question of legal aid for the poor
in various conferences of Law Ministers and Law
Commissions. In 1960, some guidelines were drawn by
the Government for legal aid schemes. In different
states legal aid schemes were floated through Legal
Aid Boards, Societies and Law Departments. The
program of legal aid took off when the Government of
India set up a committee Krishna Iyer Committee in
September 1980, with Justice Shri P. N. Bhagwati of
Supreme Court as its president. This Committee came
to be known as CILAS (Committee for Implementing
Legal Aid Schemes) and started monitoring legal aid
activities throughout the country. The committee was
entrusted with the responsibility of planning the legal
help scheme and its implementation with the objective

of removing backwardness from different parts of the
country. With the committee planning to establish in
every state a ‘State Legal Help and Advisory Board’,
legal aid to the poor finally became a reality.
The committee planned providing legal aid in two steps,
first on the basis of case and second on basis of solution.
On the basis of the case the legal aid was provided by
the State legal help and advisory board’. For providing
legal aid in the Supreme Court for poor, the government
formed the ‘Supreme Court Legal Aid Committee’ in
1981. The committee also focuses on the awareness
and education of legal rights, done through television,
radio, newspapers, books on law, establishment of legal
aid clinics in law colleges and universities, arranging
the legal aid camps, arranging local courts, etc.
In 1987 Legal Services Authorities Act was enacted to
give a statutory base to legal aid programmes throughout
the country on a uniform pattern. This Act was finally
enforced on 9th of November, 1995 after certain
amendments were introduced therein by the
Amendment Act of 1994. National Legal Services
Authority was constituted on 5th December, 1995,
which became properly functional by February, 1998.
Section 12 of the Legal Services Authorities Act, 1987
prescribes the criteria for giving legal services to the
eligible persons. Every person who has to file or defend
a case shall be entitled to legal services under this Act
if that person is –
a) a member of a Scheduled Caste or Scheduled Tribe;
b) a victim of trafficking in human beings or beggar as
referred to in Article 23 of the Constitution;
c) a woman or a child;
d) a mentally ill or otherwise disabled person;

e) a person under circumstances of undeserved want
such as being a victim of a mass disaster, ethnic
violence, caste atrocity, flood, drought, earthquake
or industrial disaster; or
f) an industrial workman; or
g) in custody, including custody in a protective home
under Immoral Traffic (Prevention) Act, 1956 or in
a juvenile home or in a psychiatric hospital under
theMental Health Act, 1987 (14 of 1987); or
h) has an annual income less than rupees nine
thousand or such other higher amount as may be
prescribed by the State Govt.
‘Legal service’, according to the Act includes the
rendering of any service in the conduct of any case or
other legal proceeding before any court or other
authority or tribunal and the giving of advice on any
legal matter.
The person to whom legal aid is provided is not called
upon to spend anything on the litigation once it is
supported by a Legal Services Authority. A nationwide
network has been envisaged under the Act for providing
legal aid and assistance. National Legal Services
Authority is the apex body constituted to lay down
policies and principles for making legal services available
under the provisions of the Act and to frame most
effective and economical schemes for legal services.In
every State a State Legal Services Authority is
constituted to give effect to the directions of the Central
Authority. District Legal Services Authority is
constituted in every District and Taluk. Legal Services
Committees are constituted for each of the Taluk or
Mandal or for policies group of Taluk or Mandals to
coordinate the activities of legal services.
Effectiveness of Legal Aid Services

According to the member secretary, National Legal
Service Authority, till 30.6.2000 about 31.47 Lakhs of
persons had taken the benefit of legal aid through
Legal Services Authorities, out of whom about 5 Lakhs
belonged to Scheduled Castes, over 2 Lakhs to
Scheduled Tribes, about 2.75 Lakhs were women and
about 9,000 were children. Most of the offices of the
State Legal Services Authorities are now equipped with
modern gadgets that help legal service functionaries to
act swiftly to provide legal aid and assistance to the
eligible persons in a meaningful manner.
It can hardly be disputed that in a country like India,
where the society is marked by extreme social and
economic inequalities and poverty, where ignorance
and illiteracy affect large sections of the community,
the traditional legal service program, which is confined
only to giving legal aid and advice to those who come
for it, may not succeed. The traditional legal service
program postulates for its success two requirements,
namely, awareness and assertiveness. Both these pre
conditions are conspicuous by their absence in our
country, rendering the traditional service program
ineffective. Reality is that a large segment of our
population who are in need of legal aid and assistance
live in the villages. The legal service program has to
extend its protective umbrella to these rural have-nots
and provide legal service to them as the legal aid office
may be beyond their means and capacity. Further, on
account of ignorance and illiteracy, they would not
even be aware of the rights, benefits and privileges
conferred on them by our Constitution and the various
laws. They may even fail to identify their problems as
legal problems which can be solved by the process of
law, hence, may not think of going to the legal aid
office, even if they otherwise could. Above all after

being oppressed for many years, they would not have
the courage to go to the legal aid office, especially, if
the opponent is powerful, belonging to the dominant
section of the society.
According to Justice Bhagwati, apart from the program
of legal literacy, it is necessary that the state board
should organize training and orientation programs for
legal aides directly involved in the legal service program
as well as for others, such as lawyers, judges and
other groups. He recommends a minimum of one or two
weeks of intensive training and orientation for legal
aid lawyers, for whom the selection of material for
study and detailed manual of procedure should be
prepared in advance. He feels an effective organization
of training and orientation program would go a long
way towards augmenting the efficiency and
purposiveness of the legal service program.
Role of Social Workers
It would be apt to quote Justice Bhagwati, on legal aid,
who truly can be considered as the father of Public
Interest Litigation in India. His views are especially
relevant for social workers. “I must impress upon you
that legal service program should have a dynamic and
activist content and it must play many roles and perform
diverse functions in the socio-legal system. It would
help to protect the poor and disadvantaged to take
advantage of the ameliorating provisions of social
legislation and to protect and effectuate their rights
under the law of the land. It would help to bring into
focus the legal problems of the poor in our system and
the deficiencies of our socio-economic factors bearing
on legislative provisions and their strengths and
infirmities. Legal service would thus not only provide
relief and succor to the less privileged sections and to
certain special groups of our society in their problems,

but would also provide most valuable feedback to our
legislative and administrative processes. It would assist
in the task of bringing the socio-economic performances
of our laws and our legal system within the reach of
common man. It would also help to check the alienation
of those below the poverty line and those in close
proximity to the poverty line. Hand in hand with social
and economic legislation and with schemes of social
welfare and economic development, legal aid and advice
would help to strengthen the views of a pulsating
participatory democracy and a vibrant citizenry aware
of its rights and its obligations and armed with the
strength to protect itself and to safeguard the social
fabric. Legal aid and advice would also improve the
quality of justice and equalize the protection of laws.
There can be no doubt that as part of the national
process of social engineering, legal aid and advice has
a significant role to play and it behoves us to explore
and exploit its full potentiality as an instrument of
social change and as a bulwark of the rule of law.
The views of Justice Bhagwati on legal aid, point to the
need of a service which can ideally be carried out by
professional social workers as this role cannot be left
to the legal fraternity alone. Legal aid and assistance
to the weak and downtrodden is a task best suited to
the professional social workers in the light of their
professional goals, which are committed to the welfare
of the poor and needy. To fill the existing lacuna there
is a need to introduce a substantial component in our
training, to equip the social work trainees on how to
give legal aid and assistance. They should be essentially
equipped with the knowledge of the Constitution, the
existing laws especially social laws, the legal system
etc. Social workers by combining their social work
skills with the para- legal skills can make a lot of
difference to the existing legal aid and assistance

services and make it a potent instrument of social
change as envisaged by justice Bhagwati. Professional
social workers have to assume a greater responsibility
along with the members of the legal profession to
promote and encourage social advocacy and social action
litigation.
Judicial Activism, Social Advocacy

and Public Interest Litigation
Judicial Activism
Legal aid to the poor and marginalized litigants, though
an important mechanism to access justice, is no longer
sufficient by itself. A creative activist judicial role is
the need of the hour. We cannot undermine the need
and importance of an active judiciary, which is not only
sensitive but creatively engages in the task of balancing
the interests of different groups in the society. The
preamble and the Directive Principles of the State
Policy have already given our courts a frame of reference
to resolve fresh challenges to human rights. In exercising
constitutional jurisdiction to oversee the functioning of
the executive and the legislature, one expects the
judiciary to play the role of a watch dog and ensure a
fair and honest implementation of the constitutional
commitments and guarantees to the people. An
independent, creative and people oriented judiciary is
the pride of any nation and judicial creativity and
activism, especially, in the present social context of
unprecedented changes, a distinct asset of any society.
During the past few years, the Indian courts have
shown a, judicial activism which is unprecedented
opening up new vistas for the judicial process and
giving a new hope to the millions. Over the last decade
our supreme court has adopted an activist approach to

stymie the limitations that define our conventional
legal system. Traditionally, our judiciary subscribed to
judicial passivism and restraint was exercised by most
of our judges. But since the time of Justice P.N. Bhagwati
there has been a marked shift from judicial passivism
to judicial activism. Justice Bhagwati was of the view
that in a country like India, where we want to bring
about social and economic change, improve the lives of
the people and make basic human rights available to
them, it is necessary for a judge to adopt an activist
approach. In a climate of exploitation, the judges are
no longer justified in taking on a passive role.
Social Advocacy
Today, we often hear the terms social advocacy and
public interest litigation being increasingly used in the
context of social justice and human rights. These are
tools against unjust policies and practices and in the
present era of judicial activism are the alternate ways
of securing justice for the common man. Our
Constitution ensures each of us the right to live a life
with dignity, but every day, every where we witness
this dignity is being annihilated through various
oppressive institutions that exist in the society. Social
advocacy can be used by social workers, activists,
journalist or any public spirited individual for the larger
good of the society, especially the weak, oppressed and
the marginalized groups. Through social advocacy they
can support a public cause or launch a struggle on
behalf of those groups who are not able to fight injustices
by themselves and are resigned to suffer in silence.
While Raja Mohan Roy who launched a movement
against the social evils like sati and child marriage is
considered the father of social advocacy by some, Medha
Patkar can easily be considered its modern day
champion.
1) What is Social advocacy?

According to David Cohen, ‘any organized attempt to
resolve a problem in a non-violent way by negotiation,
persuasion, perseverance and by convincing the other
party is practicing advocacy.’ Advocacy is pleading in
support of a cause or a person. Thus, the technique of
resolving any conflict or a problem has come to be
known as advocacy. It is very much visible in the court,
when an advocate or a lawyer on behalf of his or her
client tries to convince the judge about the cause of
the client. When the word advocacy is prefixed by the
term social it comes to mean supporting or pleading for
a cause, through which the common interest or good of
the society is secured.
2) Steps or Guidelines
Though there does not exist any specific framework,

social advocacy may comprise of the following stages or
steps in the process of fighting and advocating for the
rights of the victimized and oppressed classes. These
steps are only by way of guidelines
i) Identify the issue or the problem and become the

voice of the voiceless: The very first step is that
the issues which merit advocacy have to be first
identified. Any action by the government, individual
or by group, if it is exploitative or against the
common good becomes an issue. For example, social
advocacy can be been effectively used for bringing
relief to the bonded labourers, where any landlord
is seen exploiting them and violating the provisions
of the Bonded Labour Abolition Act,1976. When due
to poverty and lack of awareness, the vulnerable
sections are not able to raise their voice; social
advocacy can help in making their voice heard
against the atrocities done to them. Social advocacy
voices the issues of common men which otherwise

may have been never heard.
ii) Collect data about the problem: Medha Patkar, a

professional social worker has through her Narmada
Bachao Andolan strongly advocated the cause of
thousands of inhabitants affected and left homeless
by the construction of a dam. She collected data
and presented before the government and courts
in her bid to secure justice for the project affected.
She collected information of the people affected,
the human costs, the ecological implications and
other such related information with its full data to
build a strong case for them.
iii) Analyze the problem and chalk out a plan for

solution: Social advocacy entails an analysis of the
problems of human rights and injustice in a
systematic perspective. It is evident that problems
that cause mass suffering such as pollution can’t
be solved by helping a few victims here and there.
Suffering has to be alleviated by bringing about
large scale changes in our existing social, political
and economical structures. Before we take any
issue for social advocacy, we have to deeply analyze
the problems, its causes and implications and then
chalk out a plan of action offering possible solutions.
iv) Network, forming alliances and mobilize public
support: Social advocacy involves coordinating with
like-minded people, organizations, groups and
institutions, which then collaborate with each other
in their struggle for justice. Medha Patker in her
campaign for the rights of the displaced by the
Narmada Dam project had as a first step coordinated
the groups and organizations who were already
working for the cause. This helped in making the
fragmented efforts into a more concerted one. For
social advocacy to be successful an effective

networking of organizations and individuals who
share the same interests is important. There is a
need to liaison with radical and existing advocacy
groups who have to be located and their support
garnered for the cause. An alliance of this nature
helps in bringing the issue into the limelight and
makes for much faster implementation of the action
plan.
v) Generate public awareness: Build up a strong
case against the injustice which is perpetuated by
making the people aware of their rights and the
implications of its denial. These have to be made
public; hence an awareness campaign becomes an
integral part of social advocacy. As is the case in
India, most of the people, especially the marginalized
group are not even aware of their rights to begin
with. Awakening of the consciousness of the public
plays a key role in the success of the campaign.
vi) Plan and execute the campaign: A proper planning
should precede the action, defining the modus-
operandi and the strategies and techniques to be
utilized during the campaign. Pressures may have
to be built upon the government authorities by
taking recourse to varied mechanisms and
strategies. Morchas, dharnas, presentation of
memorandum, sympathy meetings addressed by
good speakers may have to be organized. All details
must be worked out before hand so that the actual
campaign does not go off the track.
vii) Enlist media support: The support of media can be
an effective tool in mobilizing the support of the
people and attracting the attention of the authorities
to the matter. It is the fastest means of
communication and the issue can be circulated far
and wide even among people living in remote and

far away places. Media support can give the
necessary push to the campaign. For example, had
the media not highlighted the protests in Singur
and Nandigram, against the forcible land acquisition
by the West Bengal Government, it would not have
not paid a serious attention to its Special Economic
Zones policy.
viii) Get favorable judicial pronouncements: PIL has
become an important and effective tool of social
advocacy. According to Justice Bhagwati, “PIL is
essentially a cooperative effort on part of the
petitioner, the public authority and the court to
secure the observance of the constitution and the
legal rights and privileges conferred upon the
vulnerable section of the community to reach social
justice to them. Through a spate of Public Interest
Litigation favorable judicial pronouncement have
been obtained on many issues such as the problems
of the Bonded Labour, displaced, project affected
etc. PIL has today awakened the consciousness of
the people and created awareness on how to access
the courts for their human rights
ix) Build pressure and lobby for suitable legislation:
Through social advocacy pressure can be built upon
the members of parliament and legislative
assemblies to amend an existing law or enact a
new one in keeping with the changing needs of the
society. Lobbying with the opposition members of
the house can be done to raise an issue in the
Parliament and State Legislative so as to impel a
ruling party to take cognizance of the issue.
Following the above guidelines social workers can
increasingly use social advocacy as a device for
organized social action for bringing about social change.
Public Interest Litigation (PIL)

One of the best things to have happened in the country
in recent years is the development of PIL. Until the
emergence of PIL, justice was a remote reality for the
mass of illiterate, underprivileged and exploited persons
in the country, unaware of the laws and their legal
rights. PIL has opened the portals of our judicial palaces
to the common man on the street. Today, the adversial
model of litigation stands replaced by new mechanisms
of ‘lawyering and justicing,’ making the laws more
meaningful to the poor. If the legal rights of an individual
or class of persons are violated and if by reason of
poverty or disability, they cannot approach the courts
for judicial redress, any public spirited individual acting
in good faith (not vengeance) can move the court. A
new partnership between the lawyers, media, social
action groups and social workers has fostered the
effective strategy of Social Action Litigation or Public
Interest Litigation, as it is popularly called.
i) What Is Public Interest Litigation?
‘Public interest litigation means a legal action initiated
in a court of law for the enforcement of public interest
or general interest in which the public or class of the
community have pecuniary interest or some interest
by which their legal rights or liabilities are affected.’
(Black’s Law Dictionary)
To put it simply, PIL simply means fighting for someone
else’s cause, even though one has no personal stake in
it, except the public interest. Public interest litigation
(PIL) or social action litigation, as Upendra Baxi would
like to call it, is a new type of litigation initiated by the
Supreme Court of India to enable the poor and the
vulnerable sections of society to approach the High
Court and Supreme Court to enforce their fundamental
rights. PIL was initiated and pioneered by Mr. Justice

P.N. Bhagwati and has grown at a fast pace in our
country, drawing its support and inspiration from the
judiciary. According to the Supreme court of India,
‘public interest litigation, which is the strategic arm of
the legal aid movement and which is intended to bring
justice within the reach of the poor masses, who
constitute the low visibility area of humanity, is a
totally different kind of litigation from the ordinary
traditional litigation.’ Public interest litigation is not
for enforcing the right of one individual against the
other as in the case of ordinary litigation.
Locus Standi
Locus Standi is a Latin word which means the legal
right of a person, to seek judicial remedy, who has
suffered or is going to suffer a legal injury because of
violation of his legal right. The traditional concept of
locus standi implies that only the person who has been
affected can appear in the court and seek judicial
redress. However, our Supreme Court has given a new
interpretation to the concept of locus standi, relaxing
the traditionally strict, which means that only the
complainant can move the court. In the case of S.P.
Gupta & others vs Union of India , the Supreme court
elaborated on the concept of locus standi, in the
following words “ where a legal wrong or injury is
caused to a person or to a determinate class of persons
by reason of violation of any constitutional or legal
right or any burden is imposed in contravention of any
constitutional or legal provision without authority of
law or any such wrong or legal injury or illegal burden
is threatened and such person or determinate class of
person is, by reasons of poverty, helplessness or
disability or socially or economically disadvantageous
position, unable to approach the court for relief , any
member of the public can maintain an application for
an appropriate direction order or writ seeking judicial

redress.”
In the opinion Justice Bhagwati, this broadening of the
rule of locus standi is largely responsible for the
development of public law, because it is the only
available judicial remedy which invests law with
meaning and purpose or else the law would remain
merely a paper parchment, a teasing illusion and a
promise of unreality. It is only by liberalizing the rule
of locus standi that it is possible to effectively police
the corridors of powers and prevent violations of law.
ii) Characteristics of PIL
Based on the above discussion the characteristics of
PIL can be summed up as follows:
 It does not arise out of a dispute between private
parties about a private right.
 The intention is to promote the public interest
based on the premise that the injury to the rights
of the poor, oppressed, socially and economically
disadvantaged do not go unnoticed and
unredressed.
 It is a judicial remedy which brings law within the
reach of the poor and weak by liberalizing the rule
of locus standi and consequently preventing
violations of law.
 Lawsuit in PIL is shaped by the courts and the
parties rather than any Statute.
 Outcome of PIL can result in enactment of
legislation.
 PIL involves research, citizen’s education, media
awareness and negotiation
iii) Who Can File a PIL?

Any Public Spirited Person, such as
1) Social workers
2) Lawyers7
3) Journalists
4) Voluntary Organizations
Can file a PIL under Article 32 in supreme
Court or under Article 226 in High court.
iv) Impact
1) PIL has awakened consciousness of people
towards their rights to live life with dignity.
2) With PIL Supreme Court and High Courts have
become the messiah of the havenots.
3) Through its interim orders and directions the courts
have sought to improve he administration by making
it more responsive.
4) PIL has brought legal remedy within the reach of
the common man and the underprivileged by giving
them easy access to the Supreme Court.
v) Drawbacks in Indian context
 Public Interest Litigation is still in an
experimental stage.
 Decisions of PIL promise more but deliver less.
 Most Public Interest Litigations are not pursued
to their logical end and there is insufficient
follow up. If the Government does not take
active interest in follow up actions, courts by
themselves can do precious little.
 Many times cases are based on newspaper

reports which may not always be reliable.
 There is apathy towards PIL on the part of the
legal profession.
 PILs take a long time to decide, thereby
defeating their very purpose. If the benefits do
not reach today, they may become irrelevant
tomorrow.
 The orders of the Courts are violated with
impunity. Until the Courts come down heavily
on the contemnors, PIL may be ineffective
tools of judicial remedy.
 Real benefits may accrue only when PIL’s are
also taken up by the lower courts at the instance
of the social workers. Social workers have to
get involved on a big scale to make PIL a
success.
Let us not forget that PIL can within the existing
judicial restraints promote the cause of people’s justice
only up to a certain point and not beyond. But as PILs
promote the increasing participation of the people in
the administration of justice, they will be instrumental
in evolving a democratized jurisprudence tempered with
a new respect for human rights of the common man.
Law And Social Activism: Consumer

Protection and Right To Information
Social Activism and Law
The year 2005 can be seen as a historic year as it
witnessed the enactment of the Right to Information
Act, which if implemented properly can become
instrumental in effectively monitoring the working of
different organs of the government. Information helps

people to make informed choices and puts a restraint
on the politicians, bureaucrats and others in similar
positions of power, from indiscriminate and unbridled
use of their authority. The government departments
have finally started giving information, albeit a bit
reluctantly, which hitherto was under wraps on the
pretext that it was ‘confidential’. The political class
and the bureaucracy is now beginning to bow before
the right to information law, thanks to activism of the
civil society.
A consumer who after being stuck with defective goods
or services had no choice but to write it off as a dead
loss, till a few years ago, can now not only recover his
money but also claim damages. Thanks again to the
consumer movement in the country carried on by
various consumer forums and social activists, which
lead to the enactment of the Consumer Protection Act,
nearly two decades ago. The Consumer Protection and
the Right to Information Acts are the typical examples of
social activism’s impact and influence in legal arena.
Had it not been for the pressures generated through
social activism, these laws would never have seen the
light of the day. Undoubtedly, there is a definite
relationship between social activism and law not only
in the post independence era, but also in the pre
independence era. Who can forget the movement
started by Raja Ram Mohan Roy against child marriage
and sati pratha. The role of social work cannot be
undermined in field of law. There is an imperative
need for the profession to assume a leadership role.
Social action as a method and social advocacy as a tool
needs to be used more and more by the young and
budding social workers in getting more laws like the
Consumer Protection Act and Right to Information.
Law for Consumer Protection

We are all consumers –as the buyer or recipient of any
product and service. In case there is any defect or
deficiency in the product purchased or service sought,
for which payment has been made we are entitled to
redress in the shape of appropriate compensation. The
need of every individual to be aware of his rights as a
consumer and to be able to voice the same is capsuled
in Consumer Protection Act, 1986. This Act was basically
passed to protect the interests of the consumers. The
17 year old Act over the years had revealed, despite a
good beginning, many limitations and inadequacies.
These were increasingly bothering both consumers and
consumer activists. To make the Act more functional
and purposeful, a comprehensive amendment was
carried out by the Consumer Protection Act (Amendment)
Act of 2002, which came into force on 15th March 2003.
The inadequacies were rectified by the Amendment
Act of 2002. As many as 30 amendments were made to
CPA, 1986 aimed at facilitating quicker disposal of
complaints, enhancing the capability of redressal
agencies, strengthening them with more powers,
streamlining the procedures and widening the scope of
the Act to make it more effective and purposeful.
1) Salient Features of the Consumer Protection Act,
1986
 The Act applies to whole of India except the
State of J&K and to all goods and services.
 It covers all sectors – private, public and
cooperatives unless specifically exempted.
 A complainant can be i) a consumer, ii) any
voluntary consumer association registered
under the companies Act, 1956, iii) the central
or State Government.
 The Act provides for an elaborate machinery to

achieve its objectives. There are two distinctive
portions of the Act, one deals with the
establishment of the consumer protection
councils and the other with the establishment
of the consumer disputes redressal agencies.
It provides for the establishment of the following
bodies with varying powers and jurisdiction:
1) Councils: 1) The Central Consumer Protection
Council
2) State Consumer Protection Councils
2) Disputes
Redressal
Agencies: 1) District Forum
2) State Commission
3) National Commission
The Central Consumer Protection Council
The Central Government is empowered to establish a
council to be known as the Central Consumer Protection
Council (hereinafter referred to as the Central Council),
which shall meet least once an year. The council will
uphold the following rights:
 The right to be protected against marketing of
goods which are hazardous to life and property.
 The right to be informed about the quality, quantity,
potency, purity, standard and price of the goods so
as to protect the consumers against unfair trade
practices.
 The right to be assured, wherever possible, access
to a variety of goods at competitive prices.
 The right to be heard and to be assured that

consumer interests will receive due consideration
at appropriate forums.
 The right to seek redressal against unfair trade
practices or scrupulous exploitation of consumers.
 Right to consumer education.
The State Consumer Protection Councils
The State Council shall meet as and when necessary
but not less than twice every year. The objects of every
State Council shall be to promote and protect the
rights of the consumers within the State.
Consumer Disputes Redressal Agencies
a) District Forum
The jurisdiction of District form extends to complaints
where the compensation claim does not exceed 1 crore:
The following procedure to redress the complaints is
adopted by the, District Forum:
1) receipt of a complaint,
2) copy of the complaint referred to the opposite party
3) reply within a period of thirty days
4) the opposite party may deny or dispute the
allegations/fail to represent case within the given
time
5) the District Forum can then proceed to settle the
consumer dispute. If the allegations about the
services are proved, the District Forum shall issue
an order to the opposite party directing him to do
one or more of the following things, namely,
 To remove the defect from the goods or services

in question.
 To replace the goods with new goods of similar
description.
 To return to the complainant the price or the
charges paid by the complainant.
 To pay such amount as may be awarded by it as
compensation for any loss or injury suffered by
the consumer due to the negligence of the
opposite party.
 To discontinue the unfair trade practice or the
restrictive trade practice or not to repeat them.
 Not to offer the hazardous goods for sale.
 To provide for adequate costs to parties.
Any person aggrieved by an order made by the District
Forum may prefer an appeal against such order to the
State Commission within a period of thirty days from
the date of the order, in such form and manner as may
be prescribed.
b) The State Commission
The jurisdiction of State Commission extends to:
i) complaints where the compensation claimed
does not exceed rupees 1 crore and is not less
than 20 lakhs
ii) appeals against the orders of any District Forum
within the State.
c) National Commission
The jurisdiction of the National Commission extends
to:
i) complaints where the compensation claimed
exceeds 1 crore rupees.
ii) appeals against the orders of any State
Commission within a period of thirty days.
Any person, aggrieved by an order made by the National
Commission may prefer an appeal against such order
to the Supreme Court within a period of thirty days
from the date of the order.
Every order of a District Forum, State Commission or
the National Commission shall, if no appeal has been
preferred against such order under the provisions of
this Act, be final.
2) Appraisal
If there is any defect or deficiency in the product
purchased or service sought for which payment has
been made, the consumer is entitled to redress in the
shape of appropriate compensation. The product may
range from the purchase of a screw to a motor car and
the service may range from the dry-cleaning of a saree
to traveling in the airplane. With the passing of this Act
consumerism in India has come of age.
Positive Features
 The Consumer Protection Act has a number of
attractive features that differentiate it from other
laws, such as, simple procedure, speedy redressal
and the fact that a plaintiff does not have to engage
the services of a lawyer.
 It provides consumers safe guards against unfair
trade practices through the constitution of
consumer protection councils, commission and
forums at central, state and district level to promote

and protect consumer rights.
 With the amendment, the limits of pecuniary
jurisdiction of the redressal agencies has gone up
significantly, with the result that the consumer
will not have to trek too far for justice, and most
cases can be filed in the district forums.
 The amendments have significantly eased the
pressure on all the three tiers of the consumer
courts, especially the State and National
Commissions, which can now dispose of their huge
backlog expeditiously.
 The Act also provides that no adjournment shall be
ordinarily granted by the court unless significant
cause is shown (the reason for grant of adjournment
is to be recorded in writing by the court). In case of
an adjournment, the cost will be awarded to the
other side.
 Time frame for speedy justice: The complaint shall
be heard as expeditiously as possible and an
endeavor shall be made to decide the complaint
within 90 days from the date of receipt of the
notice by the opposite party. Where analysis or
testing of the product is required, the complaint is
expected to be disposed of within 150 days.
 Appearance of advocates restricted. The logic behind
this provision is evidently to create a level-playing
field for the consumer.
 Execution of orders has been now made easy: The
most significant amendments are Sec 25 and 27
which are regarded as the teeth of the Consumer
Protection Act. The amendment now enables the
courts themselves to attach the property of a person
who does not comply with their interim order.

Even after the attachment if the person does not
obey the order within three months property will
be sold and the complainant will be awarded
damages from the proceeds.
Drawbacks
 Our district forums are not really equipped to meet
the additional burden. Hundreds of cases are
pending here, and the additional burden could
lead to the forum’s collapse unless the government
beefs up infrastructure and staff without resorting
to no-fund excuse.
 Though a time frame for speedy justice has been
given under the Act, the growing pendency of the
cases in the three tiers of consumer courts is
evidence enough to show that dispensing justice to
the aggrieved consumer is not as easy as envisaged
by the law makers.
Law on Right to Information
India, after long years of waiting has finally given to its
citizens the right to information, which all the sections
of the society were demanding, be it the Press or the
common man. In the face of stiff resistance from the
bureaucracy and the political class, this distant dream
has become a reality only after 60 years of
independence. The Act has paved the way for
transparency in the government affairs, which is not
only a fundamental need in a democracy, but also the
most crucial prerequisite for responsive, accountable
and good governance. The judicial pronouncements
have also endorsed this right. Information is a
prerequisite for meaningful public participation. Higher
the information levels of the citizens, greater the
responsiveness of the government. The Right to

Information Act, 2005 is a great landmark in legislative
history of our country. Now, ordinary citizens,
traditionally governed by the public functionaries, will
be able to raise their voices against the oppressive,
suppressive and exploitative attitudes of public officials.
What no leader in the 60 years following independence
has been able to give the common man, this legislation
seeks to deliver it one stroke.
i) Important Provisions of The Right to Information
Act, 2005 (RTI)
The two important definitions given Under Section 2
which are important to our understanding of the law
are:
i) Information ii) right to information
“Information” : Information is defined in the Act to
mean “any material in any form, including records,
documents, memos, e-mails, opinions, advices, press
releases, circular, orders, logbooks, contracts, reports,
papers, samples, models, data material, held in any
electronic, form and information relating to any private
body witch can be accessed by a public authority under
any other law for the time being in force”.
“Right to information” means the right of all citizens
to accesses information held by or under a control of
any public authority including the right to—
1) inspection of work, documents, records;
2) taking notes, extracts, or certified copies of
documents, records;
3) taking certified, samples of material
4) obtaining information in the form of diskettes,
floppies, tapes, video cassettes or in any other

electronic mode or printouts where such information
is stored in a computer or in any other device.
Section 3 of the Act bestows upon all citizens the right
to information.
Section 4 imposes obligations on public authorities to
maintain duly indexed and catalogued records so as to
facilitate the right to information.
Section 5 mandates every public authority at the
Central and State level to designate Central/State
Public Information officers and the Central/State
Assistant Public Information officers at the sub-
divisional or sub district levels to discharge various
functions in providing access to information.
Section 6 prescribes the procedure for obtaining
information. A person, who desires to obtain any
information under this act, shall make a request in
writing or through electronic means in English or in
Hindi or in the official language of the area in which
the application is being made, accompanying the
prescribed fee.
Section 7 lays down the procedure for the disposal of
requests. The public information officer has to either
provide the information requested for or refuse the
same on the grounds provided for in the legislation
within a period of 30 days of the request. When the
request is concerning the life and liberty of a person
then it is to be provided within 48 hours.
Section 8 deals with the exclusion clause spelling out
the situations in which the information asked for can
be denied, such as, when it invades privacy, it is
personal information not related to public activity, it
impedes investigation, endangers the source of
information etc. However, any information can be given

if public interest outweighs harm to protected interest.
Section 10 however, says that if part of the information
can be given, it should be given.
Sections 12- 17 have created the authorities for the
implementation of the Act namely the Central and the
State Information Commissioners. These are regulatory
authorities laced with various powers to supervise the
information officers.
Section 18 lays down the powers and functions of the
Information Commissions which primarily are to receive
and inquire into the various complaints under the Act
against the information officers and are vested with
the same powers as that of a Civil Court while trying a
suit under the Code of Civil Procedure Code, 1908.
Section 19 gives the following time frame as depicted
below for listening and deciding of appeals.
Application for Information

Public/ Asst. Public Information Officer
(30 days to give/refuse information)

First appeal to the appellate authority
(30 days to hear the appeal)

Second appeal to Information Commission
(30-45 days for completing the trial)
Section 20 prescribes the penalties which include a
fine of Rs.250 each day till the information is furnished,
with a maximum limit of Rs. 25,000. A disciplinary
action against the erring officer can also be
recommended.
Section 25 deals with monitoring and reporting. The

Central Information Commission or the State
Information Commission have been mandated to prepare
a report on the implementation of this Act as soon as
practicable after the end of each year. Each ministry
has been directed to collect this information from the
public authorities within their jurisdiction and provide
the information to the CIC or SIC so as to facilitate the
preparation of the report which is to include the
following details:
 the number of requests made to each public
authority
 the number of decisions where the applicants were
not entitled to access the documents pursuant to
the request
 the number of appeals referred to the CIC or SIC
 disciplinary action if any taken against any officer
 amount of charges collected by each public authority
 recommendations for reform and for the
development, improvement, modernization or
amendment of the Act.
ii) Appraisal of the Act
It is undisputed that with right to information Act the
common man feels empowered and many social
workers, active citizens, NGO’s and even the common
man have been increasingly successful in exercising
their right under the law.
Positive Features of the Act
The many positive features to the law which need to be
appreciated are :
 The Act is a potent and strong weapon in the hands

of the common man and can be used by the poorest
of the poor, as the fees is nominal and those under
Below Poverty Line are exempted from even paying
that.
 The right to information has finally lifted the veil
over official files and challenged the undue
protection sought by officials under the pretext of
official secrecy. Our bureaucrats consider
documents and information regarding
administration as their personal property and try
to keep it unshared. They never cooperate in
disseminating the information, especially in the
cases when irregularities may be unearthed.
 There is a provision for constituting Central
Information Commission and State Information
commission. The Information Commissioners are
to be persons with wide and rich experience from
the field of social work, law, science and technology
or journalism. To keep it free of political interference
MP’s MLA’s and leaders of political parties and
people sitting in offices of profit are kept out of the
office of Central Information Commissioner.
 Penalties are provided which are essential,
otherwise the officers would not take their
duties under the Act seriously.
Drawbacks
The yardstick for measuring the effectiveness of any
legislation is not only its provisions, but its
implementation as well. The question that needs to be
answered is that is the common man, the Little Indian”
is able to reap the benefits of the law or does it only
look good on paper? There is no dearth of people applying
for information to different public offices but their

experiences have not left them very happy. Madhuri
Sahasrebuddhe of Pune, whose applications were
rejected on more than one occasion, alleges that PIO
have found ways to exploit the loopholes in the law and
use convoluted language.
Some of the obvious flaws which need to be addressed
are:
 Sometimes the information is denied or delayed on
flimsy grounds. The process of going in appeal results
in a further delay in getting the information, which
puts off many in their endeavor to seek information.
With the pendency of the cases of appeal before the
CIC increasing by the day, many a times it takes
one to two years to get the desired information, by
which time it may lose its relevance.
 Currently the law provides for daily fine at the rate
of Rs. 250 a day, subject to a maximum limit of Rs
25,000, for offences such as giving wrong or
incomplete information or delaying, denying or
destroying the records sought. There should have
been more stringent punishments such as
imprisonment
 The document of the RTI Act must be available in
all Indian languages. Once available in all local
languages, every common villager may be in a
position to make sense of the Act and make use of
it.
 The problem of evasion of responsibility by the
government agencies and the authorities requires
urgent redressal.
 The enactment must be simultaneously
accompanied by awareness. Thus, systematic
awareness campaigns must be conducted across

the country in order to inform and educate people
about the existence, objectives and benefits of the
Act.
 The procedure can be made simpler if the individual
can deposit the application in the local Panchayat
office or at the Block Headquarters. In other words
at any level of the three-tier Panchayati Raj system.
It should be the duty of the office-bearers of such
offices to channelize and send the application to
the appropriate department/ministry. This will
reduce the possibility of innocent villagers/
individuals being, harassed and misguided by the
government officials
 Sensitization and training programmes should be
conducted for the government officials. They should
not treat clients and people with suspicion. It is a
part of their job to help and inform the public. The
functioning of the Act depends much on the
cooperation of the officials..
iii) RTI and Professional Social Workers
The Enactment of the RTI Act is a significant landmark
on the democratic landscape of independent India.
Here is a law that seeks to ensure the accountability
and transparency of the Indian governance system
which is defined by the anti-democratic attitude and
activities of the public authorities. If used sensibly, it
can be a big ally of social workers. By accessing this
Act, not only can the social workers expose the corrupt
officials, but mobilize the masses to raise their voices
against the oppressive, suppressive and exploitative
attitudes of the public officials, thereby allocating social
justice to the poor. This law can be very effectively
used by the professional social workers for empowering

the poor by securing their rights and build up a solid
platform for making the public authorities answerable.
Parivartan, a Delhi-based NGO, is a case in point. It
has been bringing to limelight corruption in the
municipal corporation and other departments in Delhi.
It has also helped the citizens to demand information
regarding the supply of rations; as a result, many
families have been getting their respective fair share
of rations at the official price. Social workers should
take initiatives to spread the awareness of RTI and
mobilize people to make RTI a nationwide revolution
and channelise their efforts to unearth corruption,
expose scams, and inform the public and institute
responsiveness and probity in administration. The Act
will remain on paper unless used by the poor.
Rights of the Disadvantaged, Impediments

and Professional Social Worker
In this block we have already discussed the rights
available to the various disadvantaged sections under
the Indian Constitution and the various social laws,
hence, it is unnecessary to repeat them here. However,
what is more significant is to examine, as to how far
these Rights and Privileges are actually enjoyed by
them, the hurdles they face and how these rights can
be made more accessible to them. Enacting a law and
putting it on the statute book is one thing and actually
enjoying the fruits of legislative enactment another.
We look at our social legislation as some magical
prescription, which will automatically resolve many of
our social problems, once enacted. The reality, in fact,
is quite far from it. It cannot be denied that in a
country like ours, law has a profound significance for
the emancipation of the disadvantaged sections, as it
can create new situations and opportunities for change
in the desired direction. However, we also realize that

our laws cannot rise above the socio-economic and
political conditions in which they are rooted. Let us
take a look at some of the impediments which keep the
justice system out of the reach of the weaker sections.
Ignorance of legislation and lack of legal knowledge
Leave alone the disadvantaged sections, gross ignorance
of the provisions of existing laws is a characteristic
feature of even our educated masses. Legal literacy is
pathetically low among Indians, more so among the
weaker sections. Before you enforce your right, you
should be aware of its existence on the statute book. If
a person is unaware of the law, he can neither seek its
protection, nor benefit from the privileges it confers on
him.
Bias against the poor and the Disadvantaged
While it is relative easy and smooth for the dominant

groups to access justice, for the poor it is even difficult
to get a complaint registered in the police station. The
police, who are expected to protect the interests of the
weaker sections, often become the perpetrator of
atrocities on the very people whom they are supposed
to protect. The guardians of law suffer from an inherent
bias against the poor and the disadvantaged.
Out of bounds
Justice is for those who can afford it; hence, it is

obviously not for the poor, oppressed and the
disadvantaged. The mounting legal expenses, the
inability to hire good lawyers and their obvious
disinterest in poor clients makes the courts and the
judicial system out of the reach for a vast majority of
our population who live below the poverty line.
Theoretically speaking, anyone who is aggrieved can go

to a court of law, as they are open to all, but it is a
naïve assumption and all of us including the government
and the judiciary are aware of it.
Procedural Delays
Notwithstanding the above hurdles, if the poor do reach

the court of law, the undue delay in dispensing justice
is the last straw. Delay not only makes litigation more
expensive, but tilts the scales in favour of the accused,
who may be rich and capable of hiring the best brains
in the legal market. Sustaining a legal fight over a long
period of time and expecting justice at the end of it, is
virtually a non-existent reality for the deprived and
disempowered.
Inadequacy of legal assistance
If the disadvantaged and the weaker sections have to

access justice, from the above discussion it is
abundantly clear, that they cannot do it on their own
steam. A system wherein free legal aid and assistance
is easily available, thus, becomes imperative. We
are woefully aware of the inadequacy of the legal
assistance as it is available today. For instance take
the case of scheduled castes, many States extend some
legal aid to scheduled castes but such aid is
not generally available to them to fight their criminal
cases. Not only are the legal aid services inadequate
but are poorly distributed, making it extremely difficult
for the members of the scheduled caste to easily reach,
the courts, for various reasons. Withstanding social
and economic pressures, if they do reach the court,
the procedural delays, the expensive litigation, lack of
evidence may invariably lead to the acquittal of the
accused.
Time for social workers to step in
Social justice is ensured by the Constitution of India.

Social workers are the people who through an effective
use of the judicial system and social action translate
the ideals of the Constitution into ground reality. By
now it is abundantly clear that we have a big lacuna in
the area of legal assistance. Legal assistance cannot
be left to the lawyers alone and social workers in large
numbers are needed to fill the gap. Right from promoting
legal literacy to giving legal advice in specific cases a
professional social worker’s services can be of immense
value in bringing our justice system within the reach
of the common man. A genuineness of concern and
sincerity of purpose evinced will make the social worker
stand apart. A social worker can give the following
inputs among others:
 Make the person aware of legal and constitutional

rights and understand the social-legal norms and
the consequences of their violation.
 Give proper guidance, suggestions, information to

chart the future course of action.
 Help in getting quality legal experts.
 Give emotional support, most needed in such

situations.
 Build a strong supportive casework relationship

and create an atmosphere wherein the person
feels free to discuss his problems, frustrations,
fears and anxieties.
 Have a non-judgmental attitude.

Role and Functions of Social Workers in

Legal Aid And Legal Assistance
‘Effective access to justice can be seen as the most
basic requirement— the most basic human right –of a
system which purports to guarantee legal rights.’
(Cappellatti)
Role
The courts while, upholding the social ideals of the
Constitution, interpreted many of its articles and laws
with such dynamic liberalism and compassion
unforeseen in the past, giving a new hope to the common
man. ‘The Judiciary is now taking human suffering
seriously and is prepared to act even on letters setting
out illegal injustices. The court now holds a new
portfolio of constitutional grievances, waking up to a
profound institutional fundamental that law is only the
means but justice is the end. The handicapped
humanity of India for the first time is seeing a beam of
social justice emanating from the court system. The
supreme court and the high courts in PIL and Social
Justice action have resorted to novel methods for
discovering facts on their own for the reason that the
poor are too feeble to collect evidence and present
their case unlike the rich and powerful who have at
their deposal legal resources in abundance. Today, the
courts order commissions to report about actual
conditions and even to enforce their orders through
directions to officials or specially appointed teams
answerable to the courts. In short, there is a significant
transformation in the new judicial scenario, a
sympathetic phenomenon which enlivens the social
justice promise of the Constitution. (Iyer, Krishna)
In our already over burdened machinery for

administration of justice, majority of those who are the
victims of delayed justice are the marginalized groups
of society. In such a scenario one sees a definite and
significant role of the social worker as a watch dog and
promoter of human rights. She can play the role of an
enabler, activist, change agent, counselor, advisor
depending on the issue and the needs of the clientele.
 We believe that the role of trained social workers
in the legal aid and assistance programs is a crucial
one, which has not been given the attention, it
deserves. Recent years have seen an escalation in
the awareness about one’s rights. The social
workers can play a significant role in improving the
understanding and interpretation of the economic,
social and cultural rights of the poor and the
vulnerable, at the same time building public opinion
in the favor of the next generation rights that are
emerging. The rights of women and children, the
rights of the elderly, the rights of the persons with
disabilities are increasingly being talked about,
highlighting the need to address their special
requirements. Statutes and schemes have their
own place, they, however, become meaningless in
the face of a lack of commitment to implement and
enforce them. The trained social workers should
become an indispensable part of the para-legal
force and the legal literacy program for the poor
and the indigent. Not only should they inform the
poor about their rights under various statues but
actively assist them in claiming these rights.
 The social workers should rally around the
important social problems that plague the society,
and agitate against social evils such as
untouchability, dowry, child marriage. They should
in dealing with any problem raise their voice for

amendments to the law in the Parliament, through
our elected representatives. Several rights which
are enshrined in the books are yet to be translated
into action. The social workers should not only
strive towards the enactments of new laws but also
their enforcement. Very often, in many cases our
enthusiasm ends with the decision of a court. The
most important thing is to see that the decisions
are implemented.
 Legal aid does not mean merely filling cases in
courts. The social workers could help immensely
in those disputes which are not essentially of legal
nature but involve personality problems. In
matrimonial disputes, in probation cases, and in
children’s cases the services of social workers could
be fruitfully utilized. The trained social workers
could also help in conciliation and settlement of
disputes which do not require litigation in the
courts.
Thus, in the planning of any program of legal aid, the
role of social workers should be especially demarcated
and their services should be utilized at various stages
of the program. In channelizing the energy of the
marginalized and the deprived groups and in helping
them to access justice the social workers have a definite
role to play. The struggle for corruption free and
egalitarian society should be the motto of the new
generation of social workers. Today, number of cases,
come before the courts which are not initiated by the
victims themselves, they being too weak to meet the
legal expenses and too overawed by the complex legal
processes. Their cases are taken up by social activists
and social workers, who fight on their behalf. The
example of Medha Patkar is a case in point.
Areas and Functions

The social worker has a wide spectrum of functions to
perform. At one end of the spectrum they have the
watch dog functions to perform, where they can highlight
the injustices heaped on the weaker sections and
their human rights violations. They can draw the
attention of the authorities to their plight, pressurizing
them to undertake remedial measures. At the other
end they can promote awareness about their legal and
Constitutional rights and undertake measures to help
and assist people to enjoy these rights. They can provide
legal aid and assistance and function in different areas,
some of which are given below by way of illustration:
In the area of Disability
There is an immense scope for social work in area of
the rights of the differently abled. Government has
provided many rights and facilities to them, of which
they are largely ignorant and consequently unable to
access them. A social worker should have knowledge of
government’s role in disability; else he will not be able
to help the clients to access these facilities. These
rights and services are available to the disabled when
they are diagnosed under the head of any disability. A
Social worker should know the criteria under which a
person can be diagnosed as a disabled. If social worker
will not have knowledge of the laws and regulations in
the area of disability, she will not be able to help her
clients in accessing these facilities. “Do not count
disability, count ability”- a social worker should keep
this in mind while working for the differently abled
persons.
Education and employment of the disabled is another
area where a social worker can be of great help, provided
he has the knowledge of the government run programs
and the provisions of the ‘The Persons With Disabilities
(Equal Opportunities, Protection of Rights and Full

Participation) Act, 1995’. The Act enjoins upon the
appropriate governments and local authorities to take
certain steps for the education of disabled such as
access to free education till the age of eighteen years,
integration in the normal schools, setting up of special
schools, vocational training and part time classes in
special schools and functional literacy for age group
sixteen and above, impart education through open
schools or open universities, provide free of cost special
books and equipments needed for his education,
transport facilities for disabled children to attend school,
grant of scholarship etc. Social work services are
relevant and significant for getting these provisions
enforced. Further in making the client self dependent
the social worker should know what the Act says about
their employment opportunities. The Act asks
appropriate governments and local authorities to take
certain steps for the employment of disabled, such as
identify and make a list of the posts, which can be
reserved for the persons with disability and up-date it
once in three year, as also reservation up to three
percent, one percent each for the blind, hearing
impaired, those with locomotor disability or cerebral
palsy. Hundreds of social workers are already working
quietly among the less privileged in the remote areas
of our country bringing about changes at the grass root
level. Their work needs to be appreciated, highlighted
and awarded.
Rights of Women
The social workers by promoting the legal awareness
and making timely legal assistance available can be
significantly helpful to women. The gender differences
that prevail globally, place women at various
disadvantageous positions. The most painful
discrimination is the physical and psychological violence
perpetuated on them. Equality is still a myth for millions

of women for whom life is stalked by various kinds of
violence within homes, at work place and in the
educational system. As observed by Justice Saghir
Ahmad, “Unfortunately a woman in our country belongs
to a class or group of society who are in an disadvantaged
position on account of several social barriers and
impediments and have therefore, been victims of tyranny
at the hands of men with whom they, unfortunately,
under the Constitution enjoy equal status.”
Seeking justice is a costly, time consuming and
cumbersome affair. This acts as a discouraging factor
for most women who lack the means and resources to
fight for their legal rights. To take a look at the problem
of large scale incidents of dowry deaths, disputes out of
non-payment of dowry etc., the cause of this problem is
the social pressure that exists today which makes the
parents spend money beyond their means to get their
daughter married. Can we not do something to ease
this situation? The social workers should undertake
social action against, large scale spending on marriages.
As the traditional Indian society is opening up, females
are taking up more and more jobs in various sectors.
Here again the employees adopt a discriminating
attitude towards women as regards providing equal
opportunities, training, promotions, transfers, equal
wages and various social benefits. In their workplaces,
women suffer from sexual harassment, eve-teasing
and molestations. This situation is worse when women
come from the lower socio-economic group or are placed
in the unorganized sector. The fear of losing jobs works
as a deterrent for the victim to initiate any steps
against the offenders. Legal assistance and counseling
by the social workers can be of immense value to
women in such a scenario.
Rights of the Elderly

There is a great need for the development of a legal
assistance program for the elderly to solve their legal
problems and save them from abuse and neglect. The
growing numbers of the elderly and societal indifference
to understand and address their needs, underlines
the need for a greater and active role of the social
workers in this area. Unfortunately, there is hardly
any legal protection available to this segment which is
in great need of protection against neglect and abuse
by their children and loved ones. They are always in
the potential danger of being deprived and thrown out
of their own properties in the absence of any supportive
legal assistance programs; hence in dire need of legal,
protective and ameliorative services. The legal
assistance programs of the social workers for the
elderly could include free consultation, using the
existing legal services, hiring lawyers, securing
appointment with the lawyers, getting expert legal
opinion, negotiating the fees and follow up. Social work
role may be particularly relevant in the area of
prevention of fraudulent practices by giving them timely
legal advice. There is a wide array of functions that a
social worker can perform in the area of the rights of
the elderly. e.g. while giving away their property they
should be guided to give a limited power of attorney,
rather than handing over the entire property to the
children. They can be made aware of the possible legal
repercussion of their gullible actions.
Elderly are often frail to fight for their own rights
vigorously therefore need advocacy for their rights,
right from advocating for a strong legislation for
protecting the elderly, to giving consultation and
counseling in legal matters.
Ecology
The increasing urbanization and industrialization have
given rise to new problems which cannot be ignored
any more. The shortages of housing, water, electricity
can be undisputedly attributed to this. The social
workers have an increasing role to play in spreading
awareness, proposing new laws for saving our fragile
ecology. Today we need stringent laws for saving our
environment and prevent encroachments. For long we
have talked about our fundamental rights, it is time
now to celebrate and uphold our fundamental duties.
The social workers are the people who should propagate
them among the masses using whatever methods and
techniques including law. They have to make law an
instrument for social change. The latest trends of
social advocacy and Public Interest Litigation are the
hope of the present generation and become a potent
tool in the hands of the social workers. They can make
the government act on the basis of carefully drafted
and documented reports and can stall the collapse of
our fragile ecology.
Given above are only few areas by way of illustration,

which call for social work intervention, other areas
could be rights of the child, rights of the prisoners,
medical negligence, disaster management etc. Legal
cells could be attached to the schools of social work.
manned by social workers, lawyers and other para
legal staff. Their main task would be to help initiate
legal action, wherever there is a violation of human
rights.
Conclusion
The aim of this Chapter was to make the learner
understand the concepts of social advocacy and legal
aid and how a professional social worker can seize

these remedies to further the goals of her profession.
It has been wrongly presumed in our country that once
our social policy is enacted into law, the prescribed
legal procedures would, by themselves ensure effective
application of the social policy. However, nothing could
be farther from truth. We are all well aware how the
scales of justice are always tilted in the favor of the
rich and the resourceful. However, increasing judicial
activism, leading to the emergence and acceptance of
the concepts like social advocacy, public interest
litigation and legal aid, has today brought justice with
in the reach of the common man by making it possible
for him to access the judicial system through these
mechanisms. The courts are under a perennial obligation
to uphold the Constitution, even if sometimes, it entails
taking on the role of a policy formulating or legislating
agency, which is not truly its domain. In exercising
constitutional jurisdiction to oversee the functioning of
the executive and the legislature, one expects the
judiciary to play the role of a watch dog and ensure a
fair and honest implementation of the constitutional
commitments and guarantees to the people.
Legal aid, till a few years ago meant defending an
accused from criminal charge or helping the needy in
litigation in civil cases and was primarily in the domain
of the lawyers, who gave advice and fought cases on
their behalf, free of cost. However, conceptually
speaking, the vista of legal aid is very broad and can
encompass within its fold a wide range of activities,
such as, spreading literacy by educating people of their
basic rights, supporting their litigation, identifying the
problems of the poor and the backward and suggesting
suitable changes in the law etc. When the word advocacy
is prefixed by the term social it comes to mean supporting
or pleading for a cause, through which the common
interest or good of the society is secured. Though there

does not exist any specific framework, social advocacy
may comprise of certain steps in the process of fighting
and advocating for the rights of the victimized and
oppressed classes such as, identifying the issue,
collecting data, analyzing the problem, chalking out a
plan for solution, forming alliances and mobilizing public
support, generating public awareness and enlisting
media support etc. A new partnership between the
lawyers, media, social action groups and social workers
has fostered the effective strategy of Social Action
Litigation or Public Interest Litigation as it is popularly
called. PIL is a significant arm of social advocacy, in
India, but, is still in an experimental stage. The need
of the hour is to consolidate and institutionalize these
innovative developments, so that the judiciary can
become the legitimate watch dog of society.
Legal aid and assistance to the weak and downtrodden
is a task best suited to the professional social workers
in the light of their professional goals which are
committed to the welfare of the poor and needy. To fill
the existing lacuna there is a need to introduce a
substantial component in our training, to equip the
social work trainees with skills of legal aid and
assistance. They should be essentially equipped with
the knowledge of the Constitution, the existing laws
especially social laws, the legal system etc. They can
function effectively and provide legal aid and assistance
in various areas, such as, in the area of disability,
woman empowerment, child rights, correctional
administration and the like. By and large social work
profession has been avoiding issues which are
conflictual in nature but the need of the hour is to
have a radical response to the burning social issues.
Social workers by combining their social work skills
with the legal skills can make a lot of difference to the
existing legal aid and assistance services and make it

a potent instrument of social change as envisaged by
justice Bhagwati. Professional social workers have to
increasingly assume a greater role along with the
members of the legal profession to promote and
encourage, social advocacy and social action litigation.
References
Justice Iyer, Krishna, V.R. (1984) Indian Justice :
Perspective and Problems, Vedpal Law House, Indore.
Gangrade, K.D. (1978) Social legislation in India,
Concept Publishing Company, New Delhi.

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PROF. GRACIOUS THOMAS

* Dr. Tripti Bassi, Delhi University, Delhi and

like Mohammed bin Tughlaq did. The proverb “Dilli se

Definition and Types

Reciprocal flow Displacement Reciprocal flow

Fig. : Distinction between Migration and Circulation

Daily Periodic Seasonal Long-term

National International National International

Within developed world

Within developing world

Within developed world

Fig. : Classification of mobility

(Source: Witherick, 1990)

This rural-urban stream was witnessed in massive

people move from rural areas to small urban places.

1991 Census, more than 56 per cent of total in

economy where these people can find work, or the

Out of the total population of 1,028.6 million persons

The data on migration by last residence shows that

residence. Out of 314 million migrants by last

The 2001 Census has analysed the Indian population

Thus, rural to rural stream is the most important in

having moved after birth. Those who moved for

Type of Intra State Migration Inter-State Migration

Total 100 24.69 75.31 100 44.48 55.52

Source: Government of India, Census of India, 1991

Stream Persons M al e Female Persons M al e Female

Total Migrants 98,301,342 32,896,986 197,943 - - -

Total 80,733,441 23,998,283 56,735,158 100.0 100.0 100.0

Rural to Rural 48,880,074 9,985,581 38,894,493 60.5 41.6 68.6

Rural to Urban 14,222,276 6,503,461 7,718,815 17.6 27.1 13.6

Urban to Rural 5,213,151 2,057,789 3,155,362 6.5 8.6 5.6

Urban to Urban 9,898,294 4,387,563 5,510,731 12.3 18.3 9.7

Unclassified 2,519,646 1,063,889 1,455,757 3.1 4.4 2.6

Source: Table D-2, Census of India

factors. Often the factors are overlapping and complex,

Fig. : A framework for analyzing the decision to migrate

Economic Push and Pull Factors

leave their homes and undergo immense suffering.

the society is matriarchal, the husband moves into his

Technology can act as a factor in deciding mobility in a

fall in population in the place of origin and rise in the

Economic and Environmental Effects

as housing, water supply, drainage, transport and

Fig : Distance Decay Model

(Source: Husain, 2005)

1) The majority of migrants go only a short distance

2) Migration proceeds in a stepwise manner

5) Migration is a selective process

rural to urban migration is mostly male migration.

situations, as we have seen, the main cause can be

Personal factors like having children, elderly parents

Origin + Positive factors

Fig : Push-Pull mechanism: (a) Simple model (b) Lee’s model

Source: Witherick (1990)