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and persons with a disability, and substantial income transfers within and between countries,
and considering that domestic work continues to be undervalued and invisible is mainly
carried out by women and girls, many of whom are migrants or members of disadvantaged
communities and who are particularly vulnerable to discrimination in respect of conditions of
employment and of work, and to other abuses of human rights. Considering also that in
developing countries with historically scarce opportunities for formal employment, domestic
workers constitute a significant proportion of the national workforce and remain among the
most marginalized. Recognizing the special conditions under which domestic work is carried
out that make it desirable to supplement the general standards with standards specific to
domestic workers so as to enable them to enjoy their rights fully. The Convention declares
that domestic workers are an important segment of labour and are entitled for decent working
conditions proper rest, food, clothing etc. They are entitled for social security, health security,
maternity benefit and other benefits.
Conclusion: Moreover, many rights, benefits and practices, which are popularly recognized
today as legitimate rights of workers, are those that have accured as a result of the struggles
carried out by the earlier generation of workers. However, harsh working conditions were
prevalent long before the industrial revolution took place. The main objective of labour laws
is that poor and downtrodden should par take gains of globalization and economic growth and
to bridge the wide gap between existing social infrastructure and aspirations of the masses.
The workers demanding better conditions and rights to organize so as to improve their
standard of living.
ILO is the most appropriate entity, which is already protecting the labour rights. ILO has
worked efficiently as the guidelines and useful framework for the origination of legislative
and administrative measures for the protection and advancement of the interest of labour. The
ILO was created for determining and administration of international labour standards. The
ILO has been successfully fighting labour problems, since its foundation. The ILO is the
finest forum for addressing labour standards but other organizations and countries worldwide,
will only serve to increase its effectiveness. ILO is a tripartite body of which 185 countries
are members. Its members are in the ratio of 2:1:1 i.e. government, employers and
employees. The ILO through its organs passes labour Conventions. It has passed many
Conventions on social security. It is therefore setting of labour standard in the world
Conventions on social security divided social security into nine components. In the present
times ILO is playing a major role for achieving the objectives of UNO to eradicate poverty,
to maintain peace and to bring prosperity in the world.

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20. The Maritime Labour Convention, 2006143
The Maritime Labour Convention, 2006 is an international labour Convention
adopted by the International Labour Organization (ILO). It provides international standards
for the world’s first genuinely global industry. Widely known as the “Seafarers’ Bill of
Rights,” was adopted by government, employer and workers representatives at a special ILO
International Labour Conference in February 2006. It is a unique feature of this Convention
as it aims both to achieve decent work for seafarers and to secure economic interests through
fair competition for quality ship owners. The Convention is comprehensive and sets out, in
one place, seafarers' rights to decent working conditions.144 It covers almost every aspect of
their work and life on board including:
minimum age;
seafarers’ employment agreements;
hours of work or rest;
payment of wages;
paid annual leave;
repatriation at the end of contract;
onboard medical care;
the use of licensed private recruitment and placement services;
accommodation, food and catering;
health and safety protection and accident prevention and
seafarers’ complaint handling.
The Convention was designed to be applicable globally, easy to understand, readily
updatable and uniformly enforced and will become the "fourth pillar" of the international
regulatory regime for quality shipping, complementing the key Conventions of the
International Maritime Organization (IMO) dealing with safety and security of ships and
protection of the marine environment. It is important because it brings together, in one place,
international minimum standards that ensure decent work for the estimated more than 1.5
million seafarers around the world whose work is essential to international trade as well as to
an increasingly important form of tourism and recreational activity. Under this Convention
every seafarer has the right to a safe and secure workplace that complies with safety
standards, fair terms of employment, decent working and living conditions on board ship,
health protection, medical care, welfare measures and other forms of social protection.145
21. Work in Fishing Convention, 2007146
This Convention addresses such matters as minimum age for work on a fishing vessel,
medical standards, work agreements, occupational safety and health, and social security.
22. Domestic Workers Convention, 2011147
Recognizing and considering the significant contribution of domestic workers to the
global economy, which includes increasing paid job opportunities for women and men
workers with family responsibilities, greater scope for caring for ageing populations, children

143
Available at [Link] (Visited on December 20, 2013).
144
The Maritime Labour Convention, 2006.
145
Available at [Link] lang--
en/[Link] (visited on December 28, 2013).
146
Convention No. 188 of ILO.
147
Convention No. 189 of ILO.

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Convention agriculture covers agricultural and forestry activities carried out in agricultural
undertakings including crop production, forestry activities, animal husbandry and insect
raising, the primary processing of agricultural and animal products by or on behalf of the
operator of the undertaking as well as the use and maintenance of machinery, equipment,
appliances, tools, and agricultural installations, including any process, storage, operation or
transportation in an agricultural undertaking, which are directly related to agricultural
production.135 The term agriculture does not cover subsistence farming; industrial processes
that use agricultural products as raw material and the related services; and the industrial
exploitation of forests.136 Workers in agriculture shall have the right to be informed and
consulted on safety and health matters including risks from new technologies; to participate
in the application and review of safety and health measures and, in accordance with national
law and practice, to select safety and health representatives and representatives in safety and
health committees; and to remove themselves from danger resulting from their work activity
when they have reasonable justification to believe there is an imminent and serious risk to
their safety and health and so inform their supervisor immediately. They shall not be placed
at any disadvantage as a result of these actions. Workers in agriculture and their
representatives shall have the duty to comply with the prescribed safety and health measures
and to co-operate with employers in order for the latter to comply with their own duties and
responsibilities.137
Measures shall be taken to ensure that temporary and seasonal workers receive
the same safety and health protection as that accorded to comparable permanent
workers in agriculture.138 Measures shall be taken to ensure that the special needs of
women agricultural workers are taken into account in relation to pregnancy,
breastfeeding and reproductive health.139 National laws and regulations or the
competent authority shall prescribe, after consultation with the representative
organizations of employers and workers concerned the provision of adequate welfare
facilities at no cost to the worker; and the minimum accommodation standards for
workers who are required by the nature of the work to live temporarily or permanently
in the undertaking.140 Hours of work, night work and rest periods for workers in
agriculture shall be in accordance with national laws and regulations or collective
agreements.141
Workers in agriculture shall be covered by an insurance or social security scheme
against fatal and non-fatal occupational injuries and diseases, as well as against invalidity and
other work-related health risks, providing coverage at least equivalent to that enjoyed by
workers in other sectors. Such schemes may either be part of a national scheme or take any
other appropriate form consistent with national law and practice.142

135
Safety and Health in Agriculture Convention, 2001 at Article 1.
136
Ibid at Article 2.
137
Ibid at Article 8.
138
Ibid at Article 17.
139
Ibid at Article 18.
140
Ibid at Article 19.
141
Ibid at Article 20.
142
Ibid at Article 21.

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matters as well as on the work assigned; in accordance with national laws and regulations,
adequate supervision and control are provided on each shift to secure the safe operation of the
mine; a system is established so that the names of all persons who are underground can be
accurately known at any time, as well as their probable location; all accidents and dangerous
occurrences, as defined by national laws or regulations, are investigated and appropriate
remedial action is taken; and a report, as specified by national laws and regulations, is made
to the competent authority on accidents and dangerous occurrences.128 Whenever two or more
employers undertake activities at the same mine, the employer in charge of the mine shall
coordinate the implementation of all measures concerning the safety and health of workers
and shall be held primarily responsible for the safety of the operations. This shall not relieve
individual employers from responsibility for the implementation of all measures concerning
the safety and health of their workers.129
18. The Maternity Protection Convention, 2000130, and the Maternity Protection
Recommendation, 2000131
This Convention revised a 1952 ILO Convention (C103), which in turn was a revision
of the original 1919 ILO Convention (C3). The revision was aimed at gaining more
ratification by easing the requirements of the 1952 convention.
It covers maternity benefit to women workers. This Convention provides
comprehensive protection to pregnant working women in case unemployment is due to child
birth. By May 2009, 17 countries had ratified the Convention.132
It provides for 14 weeks of maternity benefit to women to whom the instrument
applies. Women who are absent from work on maternity leave shall be entitled to a cash
benefit which ensures that they can maintain themselves and their child in proper conditions
of health and with a suitable standard of living and which shall be no less than two-thirds of
her previous earnings or a comparable amount. The Convention also requires ratifying States
to take measures to ensure that a pregnant woman or nursing mother is not obliged to perform
work which has been determined to be harmful to her health or that of her child, and provides
for protection from discrimination based on maternity. The standard also prohibits employers
to terminate the employment of a woman during pregnancy or absence on maternity leave, or
during a period following her return to work, except on grounds unrelated to pregnancy,
childbirth and its consequences, or nursing. Women returning to work must be returned to the
same position or an equivalent position, paid at the same rate. It also provides a woman the
right to one or more daily breaks or a daily reduction of hours of work to breastfeed her
child.133
19. Safety and Health in Agriculture Convention, 2001134
The purpose of this Convention was to wider the term agriculture. According to this

128
Ibid at Article 10.
129
Ibid at Article 12.
130
Convention No.183 of ILO.
131
Recommendation No.191 of ILO.
132
Supra note 55.
133
Supra note 130.
134
Convention No. 184 of ILO, held at Geneva on June 5, 2001.

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proposals with regard to safety and health in mines. This Convention applies to all mines. In
the light of national conditions and practice and after consultations with the most
representative organizations of employers and workers concerned, the Member shall
formulate, carry out and periodically review a coherent policy on safety and health in mines,
particularly with regard to the measures to give effect to the provisions of the Convention.124
National laws and regulations pursuant to Article 4 shall designate the competent authority
that is to monitor and regulate the various aspects of safety and health in mines. Such national
laws and regulations shall provide for:
(a) the supervision of safety and health in mines;
(b) the inspection of mines by inspectors designated for the purpose by the competent
authority;
(c) the procedures for reporting and investigating fatal and serious accidents, dangerous
occurrences and mine disasters, each as defined by national laws or regulations;
(d) the compilation and publication of statistics on accidents, occupational diseases and
dangerous occurrences, each as defined by national laws or regulations;
(e) the power of the competent authority to suspend or restrict mining activities on
safety and health grounds, until the condition giving rise to the suspension or
restriction has been corrected; and
(f) the establishment of effective procedures to ensure the implementation of the rights
of workers and their representatives to be consulted on matters and to participate in
measures relating to safety and health at the workplace.125
Such national laws and regulations shall specify:
1. requirements relating to mine rescue, first aid and appropriate medical facilities;
2. an obligation to provide and maintain adequate self-rescue respiratory devices for
workers in underground coal mines and, where necessary, in other underground
mines;
3. protective measures to secure abandoned mine workings so as to eliminate or
minimize risks to safety and health;
4. requirements for the safe storage, transportation and disposal of hazardous
substances used in the mining process and waste produced at the mine; and
5. where appropriate, an obligation to supply sufficient sanitary conveniences and
facilities to wash, change and eat, and to maintain them in hygienic condition.126
Employers shall take all necessary measures to eliminate or minimize the risks to
safety and health in mines under their control. The employer shall prepare an
emergency response plan, specific to each mine, for reasonably foreseeable
industrial and natural disasters.127
The employer shall ensure that adequate training and retraining programmes and
comprehensible instructions are provided for workers, at no cost to them, on safety and health

124
Ibid at Article 3.
125
Ibid at Article 5.
126
Id.
127
Ibid at Article 8.

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a view to providing and evaluating vocational guidance, vocational training, placement,
employment and other related services to enable disabled persons to secure, retain and
advance in employment; existing services for workers generally shall, wherever possible and
appropriate, be used with necessary adaptations.118 Measures shall be taken to promote the
establishment and development of vocational rehabilitation and employment services for
disabled persons in rural areas and remote communities. 119
15. The Employment Promotion and Protection against Unemployment
Convention, 1988120 and the Employment Promotion and Protection against
Unemployment Recommendation, 1988121
It relates to unemployment benefit. It is a revision of the Unemployment Provision
Convention of 1934. It provides standards in the field of employment and unemployment
protection, notably for the promotion of full, productive and freely chosen employment, the
principles of equality of treatment and non-discrimination, the methods of providing
unemployment benefit.
16. Working Conditions (Hotels and Restaurants) Convention, 1991122
This Convention lays down standards of general application concerning working
conditions as are applicable to workers in hotels, restaurants and similar establishments. It
also provides that the particular conditions characterising work in hotels, restaurants and
similar establishments make it desirable to improve the application of these Conventions and
Recommendations in these categories of establishments and to supplement them by specific
standards designed to enable the workers concerned to enjoy a status corresponding to their
role in these rapidly expanding categories of establishments and to attract new workers to
them, by improving working conditions, training and career prospects. Collective bargaining
is an effective means of determining conditions of work in this sector, and considering that
the adoption of a Convention together with collective bargaining will enhance working
conditions, career prospects and job security, to the benefit of the workers, and decided upon
the adoption of certain proposals with regard to working conditions in hotels, restaurants and
similar establishments.
17. Safety and Health in Mines Convention, 1995123
According to this Convention workers have a need for, and a right to, information,
training and genuine consultation on and participation in the preparation and implementation
of safety and health measures concerning the hazards and risks they face in the mining
industry, and recognizing that it is desirable to prevent any fatalities, injuries or ill health
affecting workers or members of the public, or damage to the environment arising from
mining operations, and the need for co-operation between the International Labour
Organization, the World Health Organization, the International Atomic Energy Agency and
other relevant institutions and noting the relevant instruments, codes of practice, codes and
guidelines issued by these organizations and Having decided upon the adoption of certain

118
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 at Article 7.
119
Ibid at Article 8.
120
Convention No.168 of ILO.
121
Recommendation No.176 of ILO.
122
Convention No. 172 of ILO.
123
Convention No. 176 of ILO, held on June 6, 1995 at Geneva.

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A worker whose employment has been terminated shall be entitled, in
accordance with national law and practice, to –
(a) a severance allowance or other separation benefits, the amount of which shall be
based inter alia on length of service and the level of wages, and paid directly by the
employer or by a fund constituted by employers' contributions; or
(b) benefits from unemployment insurance or assistance or other forms of social
security, such as old-age or invalidity benefits, under the normal conditions to
which such benefits are subject; or
(c) a combination of such allowance and benefits.
A worker who does not fulfil the qualifying conditions for unemployment insurance
or assistance under a scheme of general scope need not be paid any allowance or benefit.113
13. The Maintenance of Social Security Rights Convention, 1982114 and the
Maintenance of Social Security Rights Recommendation, 1983115
It provides reinforced protection to migrant workers. It provides rules for the adoption
of national legislation implementing the principles of the maintenance of rights in course of
acquisition and of acquired rights for migrant workers, in respect of all branches of social
security covered by the Social Security Convention 1952.116

14. Vocational Rehabilitation and Employment (Disabled Persons) Convention,

1983117
The General Conference of the International Labour Organization, convened at
Geneva by the Governing Body of the International Labour Office on June 1, 1983, and
noting the existing international standards contained in the Vocational Rehabilitation
(Disabled) Recommendation, 1955, and the Human Resources Development
Recommendation, 1975, and since after the adoption of the Vocational Rehabilitation
(Disabled) Recommendation, 1955, significant developments have occurred in the
understanding of rehabilitation needs. The scope and organization of rehabilitation services,
and the law and practice of many Members on the questions covered that Recommendation.
The year 1981 was declared by the United Nations General Assembly, the International Year
of Disabled Persons, with the theme "full participation and equality" and that a
comprehensive World Programme of Action concerning Disabled Persons is to provide
effective measures at the international and national levels for the realization of the goals of
"full participation" of disabled persons in social life and development. These developments
made it appropriate to adopt new international standards on the subject which take account, in
particular, of the need to ensure equality of opportunity and treatment to all categories of
disabled persons, in both rural and urban areas, for employment and integration into the
community. This Convention provides that the competent authorities shall take measures with

113
Ibid at Article 12.
114
Convention No.157 of ILO.
115
Recommendation No.167 of ILO.
116
Supra note 55.
117
Convention No. 159 of ILO.

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employers and workers concerned, where such exist, to exclude from the application of this
Convention or certain provisions thereof other limited categories of employed persons in
respect of which special problems of a substantial nature arise in the light of the particular
conditions of employment of the workers concerned or the size or nature of the undertaking
that employs them.105 The employment of a worker shall not be terminated unless there is a
valid reason for such termination connected with the capacity or conduct of the worker or
based on the operational requirements of the undertaking, establishment or service.106
The following, inter alia, shall not constitute valid reasons for termination:
(a) union membership or participation in union activities outside working hours or, with
the consent of the employer, within working hours;
(b) seeking office as, or acting or having acted in the capacity of, a workers'
representative;
(c) the filing of a complaint or the participation in proceedings against an employer
involving alleged violation of laws or regulations or recourse to competent
administrative authorities;
(d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political
opinion, national extraction or social origin;
(e) absence from work during maternity leave. 107
(f) Temporary absence from work because of illness or injury.108 The employment of a
worker shall not be terminated for reasons related to the worker's conduct or
performance before he is provided an opportunity to defend himself against the
allegations made, unless the employer cannot reasonably be expected to provide this
opportunity. 109 The bodies referred to in Article 8 of this Convention shall be
empowered to examine the reasons given for the termination and the other
circumstances relating to the case and to render a decision on whether the
termination was justified.110 If the bodies referred to in Article 8 of this Convention
find that termination is unjustified and if they are not empowered or do not find it
practicable, in accordance with national law and practice, to declare the termination
invalid and/or order or propose reinstatement of the worker, they shall be
empowered to order payment of adequate compensation or such other relief as may
be deemed appropriate.111 A worker whose employment is to be terminated shall be
entitled to a reasonable period of notice or compensation in lieu thereof, unless he is
guilty of serious misconduct.112

105
Termination of Employment Convention, 1982 at Article 3.
106
Ibid at Article 4.
107
Ibid at Article 5.
108
Ibid at Article 6.
109
Ibid at Article 7.
110
Ibid at Article 9.
111
Ibid at Article 10.
112
Ibid at Article 11.

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(a) the determination, where the nature and degree of hazards so require, of conditions
governing the design, construction and layout of undertakings, the commencement of
their operations, major alterations affecting them and changes in their purposes, the
safety of technical equipment used at work, as well as the application of procedures
defined by the competent authorities;
(b) the determination of work processes and of substances and agents the exposure to
which is to be prohibited, limited or made subject to authorisation or control by the
competent authority or authorities; health hazards due to the simultaneous exposure to
several substances or agents shall be taken into consideration;
(c) the establishment and application of procedures for the notification of occupational
accidents and diseases, by employers and, when appropriate, insurance institutions
and others directly concerned, and the production of annual statistics on occupational
accidents and diseases;
(d) the holding of inquiries, where cases of occupational accidents, occupational diseases
or any other injuries to health which arise in the course of or in connection with work
appear to reflect situations which are serious;
(e) the introduction or extension of systems, taking into account national conditions and
possibilities, to examine chemical, physical and biological agents in respect of the risk
to the health of workers.
A worker who has removed himself from a work situation which he has reasonable
justification to believe presents an imminent and serious danger to his life or health shall be
protected from undue consequences in accordance with national conditions and practice.102
Measures shall be taken with a view to promoting in a manner appropriate to national
conditions and practice, the inclusion of questions of occupational safety and health and the
working environment at all levels of education and training, including higher technical,
medical and professional education, in a manner meeting the training needs of all workers.103
12. Termination of Employment Convention, 1982104
ILO convened this Convention on June 2, 1982 at Geneva. This Convention applies to
all branches of economic activity and to all employed persons. A Member may exclude the
following categories of employed persons from all or some of the provisions of this
Convention:
(a) workers engaged under a contract of employment for a specified period of time
or a specified task;
(b) workers serving a period of probation or a qualifying period of employment,
determined in advance and of reasonable duration;
(c) workers engaged on a casual basis for a short period.
In so far as necessary, measures may be taken by the competent authority or through
the appropriate machinery in a country, after consultation with the organizations of

102
Ibid at Article 13.
103
Ibid at Article 14.
104
Convention No. 158 of ILO.

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Each Member State shall secure to the persons protected, subject to prescribed
conditions, the provision of medical care of a curative or preventive nature in respect of the
contingency.
Article 12
Persons who are in receipt of a social security benefit for invalidity, old age, death of
the breadwinner or unemployment and where appropriate, the wives and children of such
persons, shall continue to be protected, under prescribed conditions.
Article 15
Where the legislation of a Member makes the right to the medical care refered to in
Article 8 conditional upon the fulfilment of a qualifying period by the person protected or by
his breadwinner, the conditions governing the qualifying period shall be such as not to
deprive of the right to benefit persons who normally belong to the categories of persons
protected.
Article 16
Where a beneficiary ceases to belong to the categories of persons protected, further
entitlement to medical care for a case of sickness which started while he belonged to the said
categories may be limited to a prescribed period which shall not be less than 26 weeks.
Provided that the medical care shall not cease while the beneficiary continues to receive a
sickness benefit.
11. Occupational Safety and Health Convention, 198196
The General Conference of the International Labour Organisation, convened this
Convention at Geneva on June 3, 1981 and decided certain proposals with regard to safety
and health and the working environment for the workers. This Convention applies to all
branches of economic activity. It covers all branches in which workers are employed,
including the public service. The term workers covers all employed persons, including public
employees. The term workplace covers all places where workers need to be or to go by
reason of their work and which are under the direct or indirect control of the employer, the
term regulations covers all provisions given force of law by the competent authority or
authorities. The term health, in relation to work, indicates not merely the absence of disease
or infirmity it also includes the physical and mental elements affecting health which are
directly related to safety and hygiene at work.97 The aim of the policy shall be to prevent
accidents and injury to health arising out of, linked with or occurring in the course of work,
by minimising, so far as is reasonably practicable, the causes of hazards inherent in the
working environment.98 The enforcement of laws and regulations concerning occupational
safety and health and the working environment shall be secured by an adequate and
appropriate system of inspection. The enforcement system shall provide for adequate
penalties for violations of the laws and regulations.99 Measures shall be taken to provide
guidance to employers and workers so as to help them to comply with legal obligations.100
To give effect to the policy referred to in Article 4 of this Convention, the competent
authority or authorities shall ensure that the following functions are progressively carried
101
out :

96
Convention No. 155 of ILO.
97
Occupational Safety and Health Convention, 1981 at Article 3.
98
Ibid at Article 4.
99
Ibid at Article 9.
100
Ibid at Article 10.
101
Ibid at Article 11.

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or more of Parts II to IV not already specified in its ratification.92 Following are provisions
relating to social security of workers/employees in it-
Article 14
Each Member for which this Part of Convention is in force shall secure to the persons
protected the provision of old-age benefit.
Article 15
It coveres the survival beyond a prescribed age, the prescribed age shall not be more
than 65 years or such higher age as may be fixed by the competent authority.
Article 22
The persons protected shall comprise the wives, children and as may be prescribed,
other dependants of all breadwinners who were employees or apprentices or the whole
economically active population.
Article 29
Each Member shall include the findings of such reviews in its reports upon the
application of this Convention submitted under Article 22 of the Constitution of the
International Labour Organization, and shall also specify any action taken.

PERIODICAL PAYMENTS TO STANDARD BENEFICIARIES UNDER THE

CONVENTION

Part Contingency Standard beneficiary Percentage

II Invalidity Man with wife and two children 50

III Old age Man with wife of pensionable age 45

IV Deathof breadwinner Widow with two children 45

10. The Medical Care and Sickness Benefits Convention, 196993 and the Medical
Care and Sickness Benefits Recommendation, 196994
It applies to medical care and sickness benefit of the employees. The General
Conference of the International Labour Organization, convened at Geneva on 4 June 1969
passed at by May 2009, 15 countries had ratified the Convention.95 Following provisions of
this Convention are related with social security of workers:
Article 8
92
The Invalidity, Old Age and Survivors Benefits Convention, 1967 at Article 3.
93
Convention No. 130 of ILO.
94
Recommendation No.134 of ILO.
95
Supra note 55.

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are so designed as to avoid hardship.83 Cash benefits in respect of loss of earning capacity
likely to be permanent or corresponding loss of faculty shall be payable in all cases in which
such loss, in excess of a prescribed degree, remains at the expiration of the period during
which benefits are payable.84 Increments in periodical payments or other supplementary or
special benefits, as prescribed, shall be provided for disabled persons requiring the constant
help or attendance of another person.85
The cash benefit in respect of death of the breadwinner shall be a periodical payment
to a widow as prescribed, a disabled and dependent widower, dependent children of the
deceased and other persons as may be prescribed.86
A person employed in the major group of economic activities with the largest number
of economically active male persons was protected in the contingency in question, or of the
breadwinners of the persons protected, as the case may be, in the division comprising the
largest number of such persons or breadwinners; for this purpose. The wages of the skilled
manual male employee shall be determined on the basis of the rates of wages for normal
hours of work fixed by collective agreements, by or in pursuance of national laws or
regulations, where applicable, or by custom, including cost of living allowances, if any;
where such rates differ by region but paragraph 8 of this Article is not applied, the median
rate shall be taken. 87 No periodical payment shall be less than a prescribed minimum amount.
Every claimant shall have a right of appeal in the case of refusal of the benefit or
complaint as to its quality or quantity. Each Member shall accept general responsibility for
the due provision of the benefits provided in compliance with this Convention and shall take
all measures required for this purpose. Each Member shall, under prescribed conditions take
measures to prevent industrial accidents and occupational diseases and each Member shall
within its territory assure to non-nationals equality of treatment with its own nationals as
regards employment injury benefits. 88
9. The Invalidity, Old-Age and Survivors' Benefits Convention, 196789 and the
Invalidity, Old-Age and Survivors' Benefits Recommendation, 196790
It covers old-age benefit, invalidity91 benefit and survivor's benefit. The coverage for
payment of compensation in case of invalidity, death or old age is 50% for industrial
employees, 25% for all employees including agriculture.
This Convention has got parts namely; General provisions, invalidity benefit, old-age
benefit, survivals benefit, standards to be complied with by periodical payments, common
provisions, miscellaneous and final provisions. It has total 54 Articles. Each Member which
has ratified this Convention may subsequently notify the Director-General of the
International Labour Office that it accepts the obligations of the Convention in respect of one

83
Ibid at Article 11.
84
Ibid at Article 14.
85
Ibid at Article 16.
86
Ibid at Article 18.
87
Ibid at Article 19.
88
Ibid at Articles 23, 25, 26, 27, 28.
89
Convention No.128 of ILO.
90
Recommendation No.131 of ILO.
91
Invalid means same as who is so ill that they have to be looked after by other people.

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seafarers75, including seafishermen, public servants. These categories are protected by special
schemes which provide in the aggregate benefits at least equivalent to those required by this
Convention. 76
National legislation concerning employment injury benefits shall protect all
employees, including apprentices, in the public and private sectors, including co-operatives.
Any Member may make such exceptions as it deems necessary in respect of persons whose
employment is of a casual nature and who are employed otherwise than for the purpose of the
employer's trade or business, out-workers, in respect of their work for him, other categories
of employees, which shall not exceed in number, 10 per cent of all employees.77
The application of national legislation concerning employment injury benefits may be
limited to prescribed categories of employees, and prescribed categories of beneficiaries.78
The contingencies covered shall include where due to an employment injury, a morbid
condition, incapacity for work resulting from such a condition and involving suspension of
earnings as defined by national legislation, total loss of earning capacity or partial loss
thereof in excess of a prescribed degree likely to be permanent, or corresponding loss of
faculty and the loss of support suffered as the result of the death of the breadwinner by
prescribed categories of beneficiaries. 79
Each Member State shall prescribe a definition of "industrial accident", including the
conditions under which a commuting accident is considered to be an industrial accident, and
shall specify the terms of such definition in its reports upon the application of this
Convention submitted under Article 22 of the Constitution of the International Labour
Organization.80
Each Member State shall secure to the persons protected, subject to prescribed
conditions, the provision of the benefits including medical care and allied benefits in respect
of a morbid condition, cash benefits in respect of the contingencies specified in the Article 6,
clauses (b), (c) and (d) of the convention.81 Medical care and allied benefits in respect of a
morbid condition shall comprise general practitioner and specialist in-patient and out-patient
care, including domiciliary visiting, dental care, nursing care at home or in hospital or other
medical institutions, maintenance in hospitals, convalescent homes, sanatoria or other
medical institutions, dental, pharmaceutical and other medical or surgical supplies including
prosthetic appliances kept in repair and renewed as necessary, and eyeglasses, the care
furnished by members of such other professions as may at any time be legally recognised as
allied to the medical profession, under the supervision of a medical or dental practitioner and
the emergency treatment at the place of work, wherever possible.82
Any State which provides medical care and allied benefits by means of a general
health scheme or a medical care scheme for employed persons may specify in its legislation
that such care shall be made available to persons who have sustained employment injuries on
the same terms as to other persons entitled thereto, on condition that the rules on the subject

75
Seafarer is the general term for men (and occasionally women also) who work on ships at sea.
76
Supra note 74 at Article 3.
77
Ibid at Article 4.
78
Ibid at Article 5.
79
Ibid at Article 6.
80
Ibid at Article 7.
81
Ibid at Article 9.
82
Ibid at Article 10.

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(e) to ensure observance of the policy in the activities of vocational guidance,
vocational training and placement services under the direction of a national
authority;
(f) to indicate in its annual reports on the application of the Convention the action
taken in pursuance of the policy and the results secured by such action.
7. The Equality of Treatment (Social Security) Convention, 196268
It has decided upon the adoption of certain proposals with regard to equality of
treatment of nationals and non-nationals in social security. The General Conference of the
International Labour Organization, having been convened at Geneva by the Governing Body
of the International Labour Office, and having met in its Forty-sixth Session on 6 June 1962,
and decided upon the adoption of certain proposals with regard to equality of treatment of
nationals and non-nationals in social security. By May 2009, 37 countries had ratified the
Convention. 69
Each Member may accept the obligations of this Convention in respect of any one or
more of the following branches of social security for which it has ineffective operative
legislation covering its own nationals within its own territory i.e medical care, sickness
benefit, maternity benefit, invalidity benefit, old-age benefit, survivors' benefit, employment
injury benefit, unemployment benefit and family benefit. 70 These benefits are to be granted in
member States who ratify this Convention. They can withdraw from it if they so desire,after
giving necessary notice to Director General. These will be implemented without any
discrimination regarding nationality.
8. The Employment Injury Benefits Convention, 196471
It applies to employment injury benefits to the workers. This Convention provides for
payment of cash and medical benefits in cases of employment injury and at least 75% of
expenses involved for all employees. The General Conference of the International Labour
Organization, convened at Geneva by the Governing Body of the International Labour
Office72, had decided upon the adoption of certain proposals with regard to benefits in the
case of industrial accidents and occupational diseases, By May 2009, 24 countries had
ratified this Convention.73
A Member State whose economic and medical facilities are insufficiently developed
may avail itself by a declaration accompanying its ratification of the temporary exceptions
provided for in the Articles.74 Any Member which ratifies this Convention, may by a
declaration accompanying its ratification, exclude from the application of the Convention

68
Convention No.118 of ILO.
69
Supra note 44.
70
Supra note 43 at Article 2.
71
Convention No.121 of ILO.
72
Forty-eighth session on June 17th 1964.
73
Supra note 44.
74
The Employment Injury Benefits Convention, 1964 at Article 2.

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This benefit includes pregnancy, confinement and their consequences resulting in the
suspension of earnings. Provision should be for medical care, including pre-natal
confinement, post-natal care and hospitalization if necessary. Periodical payment limited to
12 weeks should be made during the period of suspension of earnings.62
(h) Invalidism benefit
This benefit, in the form of periodical payments should cover the needs of workers
who suffer from any, disability arising out of sickness or accident and who are unable to
engage in any gainful activity. This benefit should continue till invalidism changes into old-
age, when old age benefits would become payable.63
(i) Survivor’s benefit
It means periodical payments to the family following the death of its breadwinner and
should continue till the entire period of contingency.64
The role of the International Labour Organisation in creating international standards
of social insurance and in the promotion of social security has been significant. Through its
Conventions and Recommendations, the ILO has exerted its influence to extend the range
and classes of persons protected and the contingencies covered, and has improved the
efficacy of the benefits assured.65
6. Discrimination (Employment and Occupation) Convention, 195866
The General Convention of ILO convened this Convention on June 4, 1958 at
Geneva. The main objective of this convention is that there shall be no discrimination in the
field of employment and occupation, and Considering that the Declaration of Philadelphia
affirms that all human beings, irrespective of race, creed or sex, have the right to pursue both
their material well-being and their spiritual development in conditions of freedom and
dignity, of economic security and equal opportunity, discrimination constitutes a violation of
rights enunciated by the Universal Declaration of Human Rights.
Each Member for which this Convention is in force shall undertake and practice the
following by methods appropriate to national conditions67--
(a) to seek the co-operation of employers' and workers' organisations and other
appropriate bodies in promoting the acceptance and observance of this policy;
(b) to enact such legislation and to promote such educational programmes as may be
calculated to secure the acceptance and observance of the policy;
(c) to repeal any statutory provisions and modify any administrative instructions or
practices which are inconsistent with the policy;
(d) to pursue the policy in respect of employment under the direct control of a
national authority;
62
Ibid at Article 46-52.
63
Ibid at Article 53-58.
64
Ibid at Article 59-64.
65
World Social Security Report 2010-11.
66
Convention No. 111 of ILO.
67 Discrimination (Employment and Occupation) Convention, 1958 at Article 3.

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(a) Medical care
It covers pregnancy, confinement, and its consequences and any disease which may
lead to a morbid condition. The need for pre-natal and post-natal care, in addition to
hospitalization, was emphasized. A morbid condition may require general practitioner care,
provision of essential pharmaceuticals and hospitalization.56
(b) Sickness benefit
It includes incapacity to work following morbid condition resulting in loss of
earnings. This calls for periodical payments based on the convention specification. The
worker need not be paid for the first three days of suspension of earnings and the payment of
benefit may be limited to 26 weeks in a year.57
(c) Unemployment benefit
It covers the loss of earning during a worker’s unemployment period. When he is
capable and available for work but remains unemployed because of lack of suitable
employment. This benefit may be limited to 13 weeks payment in a year, excluding the first
seven days of the waiting period.58
(d) Old-age benefit
This benefit provides for the payment-the quantum depending upon an individual’s
working capacity during the period before retirement of a certain amount beyond a prescribed
age and continues till death.59
(e) Employment injury benefit
It covers the following contingencies resulting from accident or disease during
employment:
i) Inability to work following a morbid condition, leading to suspension of earning;
ii) Total or partial loss of earning capacity which may become permanent;
iii) Death of the breadwinner in the family, as a result of which family is deprived of
financial support. Medical care and periodical payment corresponding to an
individual’s need should be available.60
(f) Family benefit
It means responsibility for the maintenance of children during an entire period of
contingency. Periodical payment, provision of food, housing, clothing, holidays or domestic
help in respect of children should be provided to a needy family. 61
(g) Maternity benefit

56
Supra note 53 at Article 7-12.
57
Ibid at Article 13-18.
58
Ibid at Article 19-24.
59
Ibid at Article 25-30.
60
Ibid at Article 31-38.
61
Ibid at Article 39-45.

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permanent basis upon arrival in the country of immigration the competent authority of that
country may determine shall take effect only after a reasonable period which shall in no case
exceed five years from the date of admission of such migrants.48
The term migrant for employment means a person who migrates from one country to
another with a view to being employed otherwise than on his own account and includes any
person regularly admitted as a migrant for employment. This Convention does not apply to
frontier workers; short-term entry of members of the liberal professions, artistes and
seamen.49
4. Equal Remuneration Convention, 195150
This Convention was held on June 6, 1951 at Geneva and decided upon the adoption of
certain proposals with regard to the principle of equal remuneration for men and women
workers for work of equal value. The purpose of this Convention is that the ordinary, basic or
minimum wage or salary and any additional emoluments whatsoever payable directly or
indirectly, whether in cash or in kind, by the employer to the worker and arising out of the
worker's employment and rates of remuneration established without discrimination based on
sex.51 Where such action will assist in giving effect to the provisions of this Convention
measures shall be taken to promote objective appraisal of jobs on the basis of the work to be
performed. The methods to be followed in this appraisal may be decided upon by the
authorities responsible for the determination of rates of remuneration, or, where such rates are
determined by collective agreements, by the parties thereto. Differential rates between
workers which correspond, without regard to sex, to differences, as determined by such
objective appraisal, in the work to be performed shall not be considered as being contrary to
the principle of equal remuneration for men and women workers for work of equal value.52
5. The Social Security (Minimum Standards) Convention, 195253
It covers all nine branches54 of social security and sets minimum standards for these
nine branches. It is considered as a tool for the extension of social security coverage and
provides ratifying countries with an incentive for doing so by offering flexibility in its
application, depending on their socio-economic level. It came into force on April 27, 1955.
By May 2009, 44 countries had ratified the Convention.55 The Convention has been ratified
by India in 1964. The 1952 ILO Convention on Social Security (Minimum Standard) has
divided social security into nine components:

48
Ibid at Article 8.
49
Ibid at Article 11.
50
Convention No. 100 of ILO.
51
Equal Remuneration Convention, 1951 at Article 1.
52
Ibid at Article 3.
53
Convention No.102 of ILO.
54
(a) Medical care (b) Sickness benefit (c) Unemployment benefit (d) Old-age benefit (e)
Employment injury benefit (f) Family benefit (g) Maternity benefit (h) Invalidism benefit (i) Survivor’s
benefit .
55
Up-to-date ILO Social Security Standards and their status of ratifications (Classified Guide, 18.05.2009)
available on [Link]/.../[Link]? (Visited on September 19,
2010).

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Each Member for which this Convention is in force undertakes to maintain, within its
jurisdiction, appropriate medical services responsible for--
(a) ascertaining, where necessary, both at the time of departure and on arrival, that
migrants for employment and the members of their families authorised to accompany
or join them are in reasonable health;
(b) ensuring that migrants for employment and members of their families enjoy adequate
medical attention and good hygienic conditions at the time of departure, during the
journey and on arrival in the territory of destination.46
Each Member for which this Convention is in force undertakes to apply, without
discrimination to immigrants lawfully within its territory, treatment no less favourable than
that which it applies to its own nationals in respect of the following matters:
(a) in so far as such matters are regulated by law or regulations, or are subject to the
control of administrative authorities--
1. remuneration, including family allowances where these form part of remuneration,
hours of work, overtime arrangements, holidays with pay, restrictions on home
work, minimum age for employment, apprenticeship and training, women's work
and the work of young persons;
2. membership of trade unions and enjoyment of the benefits of collective bargaining;
3. accommodation;
(b) social security (that is to say, legal provision in respect of employment injury,
maternity, sickness, invalidity, old age, death, unemployment and family
responsibilities, and any other contingency which, according to national laws or
regulations, is covered by a social security scheme), subject to the following
limitations:
1. there may be appropriate arrangements for the maintenance of acquired rights and
rights in course of acquisition;
2. national laws or regulations of immigration countries may prescribe special
arrangements concerning benefits or portions of benefits which are payable wholly
out of public funds, and concerning allowances paid to persons who do not fulfil
the contribution conditions prescribed for the award of a normal pension;
(c) employment taxes, dues or contributions payable in respect of the person employed;
and
(d) legal proceedings relating to the matters referred to in this Convention.47
A migrant for employment who has been admitted on a permanent basis and the
members of his family who have been authorised to accompany or join him shall not be
returned to their territory of origin or the territory from which they emigrated, because the
migrant is unable to follow his occupation by reason of illness contracted or injury sustained
subsequent to entry, unless the person concerned so desires or an international agreement to
which the Member is a party so provides. When migrants for employment are admitted on a

46
Ibid at Article 5.
47
Ibid at Article 6.

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and to such surgical and pharmaceutical aid as is recognised to be necessary in consequence
of accidents. The cost of such aid shall be defrayed either by the employer, or by accident
insurance institutions, or by sickness or invalidity insurance institutions.38
2. Workmen’s Compensation (occupational diseases) Convention, 192539
The list of occupational diseases established in the international and national legal
system has played important roles in both prevention and compensation for workers’
diseases. Since the first establishment of the ILO list of occupational diseases in 1925, the list
has played a key role in harmonizing the development of policies on occupational diseases at
the international level. The three occupational diseases40 in the first ILO list of occupational
diseases set up in 1925 as workmen’s compensation convention, represented an increase of
occupational diseases from the Industrial Revolution. Until the 1960s, 10 occupational
diseases had been representative compensable occupational diseases listed in Convention No.
121, which implies that occupational diseases in this era were equated to industrial
poisoning.41
Since 1980, with advancements in diagnostic techniques and medical science, noise-
induced hearing loss, and several bronchopulmonary diseases have been incorporated into the
ILO occupational list. Since 2002, changes in the structure of industries, emerging new
chemicals, and advanced national worker’s compensation schemes have provoked the ILO to
revise the occupational disease list. A new format of ILO list appended in Recommendation
194 was composed of two dimensions (causes and diseases) and subcategories. Among 50
Member States that had provided their national lists of occupational diseases, until 2012
thirty countries were found to have the list of occupational diseases having similar structure
to ILO list.42
3. Migration for Employment Convention (Revised), 1949 43
This Convention was revision of the Migration for Employment Convention, 1939
and was held on June 8, 1949. Each Member of the International Labour Organization for
which this Convention is in force undertakes to make available on request to the International
Labour Office and to other Members information on national policies, laws and regulations
relating to emigration and immigration; information on special provisions concerning
migration for employment and the conditions of work and livelihood of migrants for
employment information concerning general agreements and special arrangements on these
questions concluded by the Member.44 Members are required to establish, an adequate and
free service to assist migrants for employment, and in particular to provide them with
accurate information.45

38
Workman's Compensation (Accidents) Convention, 1925 at Article 2 to 9.
39
Convention No.18 of ILO.
40
Anthrax, lead poisoning, and mercury poisoning.
41
Eun-A Kim and Seong-Kyu Kang, Historical Review of the list of occupational diseases recommended by
the International Labour Organization, available at
[Link] (visited on October 16, 2013).
42
Id.
43
Convention No. 97 of ILO.
44
Migration for Employment Convention (Revised), 1949 at Article 1.
45
Ibid at Aricle 2.

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The ILO constitution specifically provides for the protection of women workers. The
first Session of the International Labour Conference held in Washington in October 1919,
adopted international standards protecting expectant mothers and limiting the amount of night
work by women. In 1937, the Conference laid down the ILO’s aims in regard to women
workers, namely-
a. the guarantee of all civil and political rights;
b. full opportunities to improve their education;
c. better conditions for finding employment;
d. equal pay for equal work;
e. legal protection against dangerous working conditions;
f. legal maternity protection;
g. the same trade union rights as that of men.
3. Social Security
The ILO has done the pioneering work in the field of social security. One of the most
important instruments adopted by the ILO is the Social Security (Minimum Standards)
Convention, 1952. Currently, the organization’s main object is to extend social security to
agriculture and plantation workers.33 ILO also established the International Social Security
Association (ISSA).
The ILO is the UN’s agency with a mandate to improve standards , conditions and
social security of workers throughout the world. The ILO’s most important function is to
adopt Conventions and Recommendations, which set minimum labour standards
internationally. The principles embodied in the conventions, if adopted and ratified, impose a
duty to comply on the ratifying states.34
International Conventions Relating to the Social Security :The ILO Conventions have
been greatly adored by the working class all over the world for their beneficial, humanitarian
and missionary influence. The principal means of action in the ILO is the setting up the
International Labour Standards in the form of Conventions and Recommendations.
Conventions are international treaties and are instruments, which create legally binding
obligations on the countries that ratify them.35
ILO has number of Conventions relating to social security of workers Main
Conventions are given below--
1. Workmen’s Compensation (Accidents) Convention, 192536
The ILO adopted Convention relating to workmen’s compensation as early as 1921
followed by other conventions on the same subject in the year 1925.37 It provides for the
payment of compensation for employment injury to all employees except those employed in
agriculture, ships and fishermen. Each Member of the International Labour Organization
which ratifies this Convention undertakes to ensure that workmen who suffer personal injury
due to an industrial accident, or their dependants, shall be compensated on terms at least
equal to those provided by this Convention. Injured workmen shall be entitled to medical aid

33
Supra note 8.
34
Supra note 23.
35
Available at [Link] (visited on Februry 16, 2013).
36
Convention No.17 of ILO.
37
International Labour Organisation and Indian Legislations: Compliance And Comparison, Labour Law
Journal (23) February2006.

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(International Monthly Journal, I.S.S.N 2321 6417) EVOLUTION OF SOCIAL SECURITY WORKER IN INDIA
[Link] [Link]
and other decisions of the Conference, and the Governing Body. The Director General of the Author:Varun Pandey
ILO is the Chief Exective of the office. The International Labour Office is the permanent
secretariat of the International Labour Organization, its operational headquarters.
Administration and management are decentralized in regional, area, and branch offices in Lucknow University
more than 40 countries under the leadership of a Director-General.
There are also some other organs. Those are necessary for the working of ILO.30 Date Written:25/10/2024
These are-
4. ILO Administrative Tribunal Including a great deal of structural innovation of the welfare system, social security for
The Administrative Tribunal examines employment-related complaints by officials of
the International Labour Office and of the other international organizations that have workers, which was originally brought forth by the colonial period and transcended through
recognized its jurisdiction.
the post-colonial period till present, has witnessed a plethora of transformations. Initially, in
5. ILO Director-General
A Director-General is elected for five years by the Governing Body. Subject to the the British period, social security was very undeveloped, and the workers had minimum or no
instructions of the Governing Body, the Director-General is responsible for the efficient protection. The post-independence period was the first epoch in which a structured social
conduct of the International Labour Office and other duties as may be assigned.
security system was born. The Employees' State Insurance Act of 1948, a health insurance and
6. ILO Centres and Institutes
The ILO is universally regarded as an authoritative source of knowledge on the world financial support scheme for workers was one of the very first legal certificates. The
of work. The Organization has established institutes and centres that provide specialized
Employees' Provident Funds and Miscellaneous Provisions Act in 1952, which was the pre-
research, training and support for the ILO’s offices and constituents. 31 The ILO
recommendations have always provided guidelines and useful framework for the evolution of retirement savings account, is another example of social security that originated from the
legislative and administrative measures for the protection and advancement of the interest of
labour. government.

The growth period included the 1965 Payment of Bonus Act and the 1976 Industrial Disputes
Important Social Security Areas of ILO Activities And Field Operations : United Nation Act, which influenced worker rights and job security, respectively. The period from 1980
and ILO have made many efforts regarding social security at international level by number of
Conventions and Recommendations. ILO takes part in vocational training, women workers through the 90s witnessed the onset of economic liberalization, which attracted the market
conditions and social security for improving the working conditions of workers at
international level. A number of recommendations and conventions deal with workmen’s economy, still, it was understood to be impossible to disassociate from social security reforms.
compensation, sickness insurance, invalidity, old-age, and survivor’s insurance ,
unemployment provisions, maternity protection and general aspects of social security.32 ILO During the first decade of the century, leading enactments included the National Rural
deals with following social security areas and activities at international level:
Employment Guarantee Act (NREGA) of 2008, a rural worker-guaranteeing act, and the Social
1. Manpower Organization and Vocational Training
The ILO as well as the United Nations made concerted efforts in the post second Security Code of 2020 which is an integrated welfare policy designed to facilitate the coverage
world war period in the manpower field to stimulate the most effective and productive use of
human resources in the whole process of economic and social development. The ILO of social protections for the organized and unorganized sectors including gig workers.
manpower experts have been made available to developing countries seeking help in
assessing their manpower needs and in organizing vocational training programmes for The development that took place was accompanied by unfavorable trends in the successful
meeting skill shortage.
2. Women Workers execution of the reforms and the needed outreach of the informal sector. The future direction
of social security situation is adoption of digital inclusion, expansion of the coverage, and the
30
[Link], International Labour Organization and India, 41-52, (1977).
equality in benefits, a true manifestation of the ongoing commitment of India to the welfare of
31
Available at [Link] (visited on August 10,
workers.
2013).
32
[Link], Human Rights, 162 (2001).
Key words:Transcended,Industrial,Liberalization,Disassociate,Manifestation
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AUTHOR-VARUN PANDEY [Link] [Link]
and the workers. They attend these sessions in the ratio of 2:1:1: i.e. government, employers
and the workers respectively. Its scope is very wide. Its main functions relate to formulate
Introduction to Social Security in India (Key Points): labour standards, decide budget, studies the labour problems and appoint committees to deal
with different problems etc.23 This body of law began with the adoption of six Conventions
and six Recommendations by the first International Labour Conference in 191924 and At
1. Government Welfare System: Social Security in India refers to government- present ILO has 189 Conventions and 202 Recommendations. 25
provided welfare measures aimed at supporting vulnerable populations, including the
elderly, unemployed, disabled, and marginalized sections of society. The ILC provides a forum for discussion and deliberation of international labour problems
and then formulates the standards in the form of conventions and recommendations. These
2. Constitutional Mandate: It is rooted in the Directive Principles of State Policy,
conventions and recommendations are collectively known as the International Labour Code.
which emphasize the state's responsibility to promote social welfare and improve A Convention is a treaty, which when ratified by a member state, creates binding
living standards for all citizens. international obligations on that State whereas a recommendation creates no such obligations,
3. Scope of Social Security: It covers a wide range of programs, including pensions, but is essentially a guide to national action.26 India has regularly and actively participated in
healthcare, maternity benefits, unemployment allowances, and insurance schemes. the Conferences through its tripartite delegations.
4. Key Legislations: Major laws include the Employees' Provident Funds and 2. The Governing Body
Miscellaneous Provisions Act, 1952, the Employees' State Insurance Act, 1948, and It functions as the executive wing of the organization. It is a non-political, non-
the Unorganized Workers' Social Security Act, 2008. legislative, tripartite body. It carries out the decisions of the Conference with the help
5. Pension Schemes: Government initiatives like the National Pension Scheme (NPS) of the International Labour Office. The Governing Body appoints Director-General and
and the Pradhan Mantri Vaya Vandana Yojana provide financial security to senior prepares the agenda for the International Conference. It consists of 56 members, 28
citizens. representing governments, 14 employers and 14 workers.27 The period of office of this
body is for 3 years. It meets several times a year. The Governing Body of ILO functions
6. Healthcare Programs: Schemes like the Employees' State Insurance (ESI) and
through its various Committees of ILO e.g., Industrial Committees and Analogous
Ayushman Bharat offer medical benefits and health insurance to workers and low- bodies, Committees of Experts and Correspondence Committees, Regional
income families. Conferrences, Panels of Consultants and other special meetings and conferences.28
7. Maternity and Employment Benefits: Maternity leave and benefits are provided
under schemes like the Maternity Benefit Act, 1961, and the Pradhan Mantri Matru The work of the Governing Body and of the Office is aided by tripartite committees
Vandana Yojana. covering major industries. It is also supported by committees of experts on such matters as
8. Unorganized Sector Coverage: Special provisions for unorganized workers, such as vocational training, management development, occupational safety and health, industrial
street vendors, domestic workers, and laborers, are made through schemes like the relations, workers’ education, and special problems of women and young workers. Regional
Atal Pension Yojana and Shram Yogi Maandhan. meetings of the ILO member States are held periodically to examine matters of special
9. Challenges: Issues include inadequate coverage, resource limitations, bureaucratic interest to the regions concerned.29 Since 1922 India has been holding a non-elective seat on
the Governing Body as one of the 10 countries of chief industrial importance. Indian
delays, and lack of awareness among beneficiaries, particularly in rural areas.
employers and workers’ representatives have been elected as members of the Governing
10. Future Outlook: The government is working towards universal social security Body from time to time.
coverage, improving the digital infrastructure for better access, and expanding
schemes to include more informal workers. 3. The International Labour Office
Its headquarter is located in Geneva. It provides the Secretariat for all Conferences
Historical Background of Worker Protection (Key Points): and other meetings and is responsible for day-to-day implementation of the administrative

1. Industrial Revolution: The rise of industrialization in the 18th and 19th centuries led 23
[Link], Dr. Amandeep Kaur and Dr. Punam Aggarwal, Industrial Relation and labour laws, 102-103
to the exploitation of workers, with poor working conditions, long hours, and low 24
(2012).
wages, prompting the need for worker protection laws. Thomas [Link] Dervort, International Law and Organization An Introduction, 214 (1998).
25
Available at [Link] (visited on October 16,
2. Early Labor Movements: The labor movements in Europe and the U.S. during the 2013).
19th century fought for better working conditions, leading to the formation of trade 26
Arun Monappa, International Relations, 327 (2010).
27
unions and the demand for labor rights. Ibid at 324.
28
Supra note 6 at 716.
3. Factory Acts (UK): In the early 19th century, the UK introduced the first Factory 29
Available at [Link] (visited on April
Acts, regulating child labor, working hours, and improving working conditions in 5, 2012).
factories.
Volume 2 ISSUE 5
 LAW MANTRA THINK BEYOND OTHERS 4. International Labor Organization (ILO): Established in 1919, the ILO aimed to
promote workers' rights globally, focusing on fair wages, safe working conditions,
(International Monthly Journal, I.S.S.N 2321 6417) and the abolition of forced labor.
[Link] [Link] 5. New Deal in the U.S. (1930s): The Great Depression prompted the introduction of
Since its creation in 1919, ILO has actively promoted policies and provided its worker protection policies under President Franklin D. Roosevelt's New Deal,
member States with tools and assistance aimed at improving and expanding the coverage of including minimum wage laws, Social Security, and unemployment benefits.
social protection to all groups in society and for improving working conditions and safety at 6. Labor Protection in India (Pre-Independence): During British rule, early labor
work.17This tripartite structure makes the ILO a unique forum in which the governments and laws were introduced in India, such as the Factories Act, 1881, which aimed to
the social partners of the economy of its 185 Member States can freely and openly debate and regulate working conditions in industries.
elaborate labour standards and policies. 18 7. Post-Independence Labor Laws (India): After gaining independence in 1947, India
enacted several labor laws, including the Minimum Wages Act, 1948, and the
Employees' State Insurance Act, 1948, to protect workers' rights and improve working
Basic Principles of The Labour Policy of the ILO: The General Conference of ILO, conditions.
reaffirmed these principles and adopted a Declaration concerning the aims and purposes of 8. Global Push for Workers' Rights: Throughout the 20th century, global movements
the organization and which were to inspire the policy of its members.19 The Declaration is for human rights and social justice further solidified labor protections, including
popularly known as the ‘Philadelphia Charter.’ Its basic principles are- gender equality, anti-discrimination laws, and workplace safety regulations.
1. Labour is not a commodity. 9. Shift Toward Social Security: In the latter half of the 20th century, there was a shift
2. Freedom of expression and of association are essential to continue progress. from merely regulating working conditions to providing comprehensive social
3. Poverty anywhere constitutes a danger to prosperity everywhere.20 security benefits, such as pensions, healthcare, and unemployment insurance.
4. War against want requires to be carried on with unending vigour within each nation 10. Modern Developments: Today, worker protection laws are evolving to address new
and by continuous efforts in which the representatives of workers and employers, challenges, such as the gig economy, digital labor platforms, and global supply chain
enjoying equal status with those of Governments, join with them in free discussions issues, while focusing on fair wages, occupational health, and job security.
and with a democratic way, with a view to the promotion of the common welfare.21
Composition of ILO: The ILO serves the needs of working women and men by bringing Early Labor Laws and Social Security Framework (Key
together governments, employers and workers to set labour standards, develop policies and
devise programmes for labour welfare. The very structure of the ILO, where workers and Points):
employers together have an equal voice with governments in its deliberations, shows social
dialogue in action. It ensures that the views of the social partners are closely reflected in ILO 1. Factories Act (UK, 1833): One of the earliest labor laws aimed at improving working
labour standards, policies and programmes. The ILO accomplishes its work through three conditions, particularly for children, limiting working hours, and ensuring safe
main bodies- environments in factories.
1. The International Labour Conference, 2. Minimum Wage Laws (New Zealand, 1894): New Zealand was the first country to
2. The Governing Body and introduce a legal minimum wage, setting a precedent for other nations to ensure
3. International Labour Office workers received fair compensation for their labor.
Which comprise governments', employers' and workers' representatives. 22 3. Workmen's Compensation Act (Germany, 1884): Introduced by Chancellor Otto
1. The International Labour Conference von Bismarck, this was one of the first social security laws, providing compensation
It is the supreme deliberative body of the ILO and acts as the legislative wing of the
for workers injured on the job, establishing a framework for future labor protection
organization. The International Labour Conference elects the governing body and adopts
international labour standards in the form of Conventions and Recommendations collectively laws worldwide.
known as the International Labour Code and provides a forum for discussion on social and 4. International Labor Organization (ILO, 1919): The ILO was founded to promote
labour questions. This organization holds its session very frequently minimum once a year. social justice and internationally recognized human and labor rights, playing a pivotal
These sessions are attended by the members of three hands like government, the employers role in shaping global labor laws and social security systems.
5. Trade Unions Act (UK, 1871): Legalized trade unions in the UK, allowing workers
17
to organize and advocate for better wages, working conditions, and protection against
Available at [Link] (visited on
Februry 16, 2013).
unfair treatment by employers.
18
Available on [Link] (visited on September 6. Factories Act (India, 1881)
19
18, 2013). rule, it aimed at improving working hours, safety, and conditions in industrial
26th session held in Philadelphia in 1944. establishments, especially for women and children.
20
[Link], Social Security And Labour Welfare, 13.6 (2010).
21
[Link], A Study of Industrial Law, 6 (2000). 7. Social Security Act (USA, 1935): A landmark law introduced during the New Deal,
22
[Link], Labour Problems and Social Welfare, 709-712 (1974). it established unemployment insurance, old-age benefits, and welfare programs for the
poor, creating the foundation of the modern American social security system.

Volume 2 ISSUE 5
 8. Mines Act (India, 1952): After independence, India enacted this law to regulate labor
in the mining sector, ensuring safety, working hours, and fair wages for workers in LAW MANTRA THINK BEYOND OTHERS
hazardous environments. (International Monthly Journal, I.S.S.N 2321 6417)
9. : Provided medical benefits and [Link] [Link]
insurance for industrial workers, covering healthcare and maternity leave, setting the 1919, by the Labour Commission set up by the Peace Conference, which first met in Paris
stage for more comprehensive social security in India. and then in Versailles. The Commission, chaired by Samuel Gompers, head of the American
10. Unorganized Workers' Social Security Act (India, 2008): Introduced to provide Federation of Labour (AFL) in the United States, was composed of representatives from nine
social security benefits to workers in the unorganized sector, which forms a large countries.9 It resulted in a tripartite organization, the only one of its kind bringing together
portion of India's workforce, ensuring pension, health insurance, and disability representatives of governments, employers and workers in its executive bodies.10 The Treaty
benefits. to abolish the 'injustice, hardship and privation' which workers suffered and to guarantee 'fair
and humane’ conditions of labour.
These early laws laid the foundation for modern worker protection and social security The treaty was registered by the Secretariat of the League of Nations on October 21st 1919.11
frameworks worldwide, creating systems for fair treatment, health benefits, pensions, and Began in early 1919 and completed in April after several months of hard bargaining, it was
compensation for injuries or unemployment. presented to Germany for consideration on 7 May 1919.12 The treaty referred to the need for
the workers, providing them the right to social security.
Post-Independence Developments in Social Security (Key
Points): There is parity of representation as between government and non-government groups and also
between employers and workers groups. The structure of the organization has helped in
1. Employees' Provident Fund (EPF, 1952): Established to provide a compulsory welding together employers and workers in different countries into independent
savings scheme for workers in the organized sector, ensuring financial security after organizations.13
retirement through regular contributions by both employees and employers.
2. Employees' State Insurance (ESI, 1948): Implemented in 1952, this scheme offers
medical care, cash benefits during sickness, maternity benefits, and pensions in case Objectives of ILO: The International Labour Organization (ILO) is devoted to promoting
of death or disability, covering workers in factories and establishments with a social justice and internationally recognized human and labour rights, pursuing its founding
minimum number of employees. mission that labour peace is essential to prosperity. Today, the ILO helps advance the
3. Minimum Wages Act (1948): A landmark law that sets minimum wage standards creation of decent work and the economic and working conditions that give working people
across various industries to protect workers from exploitation and ensure they receive and business people a stake in lasting peace, prosperity and progress. Its tripartite structure
fair compensation for their labor. provides a unique platform for promoting decent work for all women and men. Its main aims
are to promote rights at work, encourage decent employment opportunities, enhance social
4. Payment of Gratuity Act (1972): Introduced to provide a lump sum payment to
protection and strengthen dialogue on work-related issues.14 The Declaration provides its
employees as a gratitude gesture upon retirement, resignation, or termination after a objectives.15 These are as under:
specified period of service, contributing to post-retirement financial security.
5. Unorganized Workers' Social Security Act (2008): Focused on providing social 1. Full employment and rise in living standards;
2. Minimum living wages;
security to workers in the unorganized sector, this act includes provisions for health
3. Social security;
insurance, pensions, and welfare schemes, covering a significant portion of India's 4. Recognition to the right of collective bargaining;
workforce. 5. Proper security of health of the workers;
6. National Social Assistance Program (NSAP, 1995): A social welfare program 6. Child welfare;
aimed at providing financial assistance to the elderly, widows, and disabled persons 7. Proper arrangements of housing,entertainment,etc;
below the poverty line, covering pensions and family benefits. 8. Assurance of equal opportunity in education and employment.16
7. Atal Pension Yojana (2015): Launched to encourage savings for retirement among
workers in the unorganized sector, this scheme provides a guaranteed monthly
9
pension based on contributions made during the working years. 10
Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States.
Available at [Link] (visited on November 18, 2012).
8. Pradhan Mantri Jan Dhan Yojana (2014): A financial inclusion initiative that 11
Id.
facilitates access to banking, insurance, and pension schemes for the unbanked 12
Available at [Link] (visited on November 18, 2012).
population, especially in rural areas. 13
International Labour Organisation and Indian Legislations: Compliance And Comparison, Labour Law
9. Pradhan Mantri Shram Yogi Maandhan (2019): A pension scheme targeting Journal (37) February2006.
14
Available at [Link] (visited on
unorganized workers like street vendors, rickshaw pullers, and laborers, offering a November 20, 2012)
monthly pension after the age of 60 based on small contributions made during the 15
16
Declaration of Philadelphia of ILO, Article 3.
worker's active years. Dr. [Link], International Organisation, 82 (2009).

Volume 2 ISSUE 5
 LAW MANTRA THINK BEYOND OTHERS 10. Social Security Code (2020): A significant reform aimed at consolidating and
simplifying existing labor laws related to social security into one comprehensive code,
(International Monthly Journal, I.S.S.N 2321 6417) covering organized and unorganized workers, and introducing provisions for universal
[Link] [Link] social security coverage.
Legislation, founded in Basel in 1901. Campaign for the establishment of an international
organization dealing with labour issues began in the nineteenth century, led by two These developments reflect India's ongoing efforts to enhance social security for its
industrialists, Robert Owen and Daniel Legrand. There was keen appreciation of the workforce, especially focusing on unorganized sector workers, retirement benefits,
importance of social justice in securing peace, against a background of exploitation of healthcare, and financial inclusion.
workers in the industrializing nations of that time. There was also increasing understanding of
the world's economic interdependence and the need for co-operation to obtain similarity of
working conditions in countries competing for markets.5
Social Security Legislations for Workers:
Over the course of the First World War, the international labour movement proposed a 1. Employees' Provident Fund (EPF), 1952:
comprehensive programme of protection for the working classes, conceived as compensation o Purpose: Provides financial security and retirement savings for employees in
for labour's support during the war. Post-war reconstruction and the protection of labour the organized sector through regular contributions from both employers and
unions occupied the attention of many nations during and immediately after World War I. In employees.
Great Britain, the Whitley Commission, a subcommittee of the Reconstruction Commission, o Key Features:
recommended in its July 1918 Final Report that "industrial councils" be established Mandatory savings scheme for employees earning below a certain
throughout the world. The British Labour Party had issued its own reconstruction programme threshold.
in the document titled Labour and the New Social Order. In February 1918, the third Inter- Contributions: 12% of the employee's basic salary + Dearness
Allied Labour and Socialist Conference (representing delegates from Great Britain, France,
Allowance contributed by both employer and employee.
Belgium and Italy) issued its report, advocating an international labour rights body, an end to
secret diplomacy, and other goals and in December 1918, the American Federation of Lump sum withdrawal upon retirement, resignation, or death.
Labour (AFL) issued its own distinctively apolitical report, which called for the achievement Includes provisions for partial withdrawal for emergencies like
of numerous incremental improvements via the collective bargaining process.6 education, medical treatment, or housing.
Managed by the Employees' Provident Fund Organization (EPFO).
Even before the establishment of the ILO, attempts were made in the 19th century to form 2. Employees' State Insurance (ESI), 1948:
international organizations to bring together the working classes in different countries. As o Purpose: Provides medical benefits, sickness benefits, maternity benefits,
economic problems were considered more as problems relating to labour, the earlier attempts disability, and dependents' benefits to employees in the organized sector and
were greatly directed towards improving the conditions of workers. Labour was considered to their families.
be the pivot of the whole economic system and “the sole constituent of value”. Whereas the o Key Features:
League of Nations and other international agencies had either failed to bring positive results Applicable to establishments with 10 or more employees earning
or could not stand the onslaught of the Second World War, the ILO alone has survived and
has achieved remarkable results.7
below a specific wage threshold.
Funded by contributions from both employers (3.25%) and employees
(0.75% of wages).
The ILO is the first international body which is not expressly concerned with the political Covers medical treatment for employees and their dependents in ESI
questions but its role is limited to the problems of industry and with the conditions under hospitals and dispensaries.
which ordinary workers throughout the world work and live. Its motto is that there can be no Provides cash compensation during sickness (up to 70% of wages for a
peace without social justice and no social justice without peace. Its meaning, nature and maximum of 91 days), maternity leave (26 weeks), and compensation
activities centre around three words peace, social justice and labour.8
for workplace injuries.
Managed by the Employees' State Insurance Corporation (ESIC).
3. Maternity Benefit Act, 1961:
Role of The Treaty of Versailles : As part of the Treaty of Versailles that ended World War o Purpose: Protects the employment of women during pregnancy and provides
I, The ILO was created in 1919. The Constitution was drafted between January and April, maternity benefits in the form of paid leave and medical assistance.
5 o Key Features:
Available at [Link] (visited on September
18, 2013). Applicable to all women employed in establishments with 10 or more
employees.
6
Available at [Link] (visited on Provides 26 weeks of paid maternity leave for the first two children; 12
September 15, 2010).
7
Supra note 4 at 492. weeks for subsequent children.
8
Supra note 5. Maternity leave is also available for adoptive mothers and
commissioning mothers (surrogacy).
Volume 2 ISSUE 5
 Medical bonus and other benefits like nursing breaks and protection
from dismissal during maternity leave. LAW MANTRA THINK BEYOND OTHERS
Prohibits employers from terminating employment due to pregnancy, (International Monthly Journal, I.S.S.N 2321 6417)
ensuring job security during the maternity period. [Link] [Link]
These laws form the cornerstone of India's social security system, providing financial and ROLE OF ILO IN SOCIAL SECURITY BY DR.
healthcare support to workers, particularly during crucial life stages like retirement, illness,
and maternity. JYOTI ANGRISH*

Expansion of Social Security to the Informal Sector (Key Introduction: At that stage many countries made efforts at their own level for regulation of
Points): labour supply, prevention of unemployment and provision of an adequate living wage,
protection of the workers against sickness, disease and injury arising out of his employment,
1. Unorganized Workers' Social Security Act (2008): protection of children, young persons and women, provision for old age and injury, protection
of the interests of workers when employed in countries other than their own, recognition of
o Aimed at providing social security to workers in the informal sector, covering
the principle of equal remuneration for work of equal value, recognition of the principle of
health insurance, maternity benefits, pensions, and disability benefits. freedom of association, organization of vocational and technical education, and other
o Focuses on extending benefits to agricultural workers, construction laborers, measures.1 At that time collective efforts were not made at international level. The
domestic workers, street vendors, and other informal workers. International Conference of National Unions of Mutual Benefit Societies and Sickness
2. Atal Pension Yojana (APY, 2015): Insurance Funds was launched in Brussels in October 1927. The initiative of creating it was
o A voluntary pension scheme for unorganized sector workers, offering directly linked to the steps being undertaken by the International Labour Organization (ILO)
to introduce international regulations for the economic and health protection of workers by
60 based on contributions. means of social insurance schemes.
oEncourages low-income workers to save for retirement by providing
government co-contributions. The two basic trends in social security policy, one aimed at guaranteeing, if possible, a
3. Pradhan Mantri Shram Yogi Maandhan (PMSYM, 2019): minimum standard of subsistence for everybody and the other aimed at maintaining the
o Pension scheme targeting unorganized workers, such as rickshaw pullers, individual standard of living according to income from work.2 The Philadelphia Charter3
street vendors, and small shop owners. provided that the poverty anywhere constitutes a danger to prosperity everywhere is really
o appropriate even today. The developed countries have realized that if they have to enjoy the
contributions during their working years. fruits of progress, it is essential for the whole world to unite and work in close co-operation
4. Rashtriya Swasthya Bima Yojana (RSBY, 2008): with one another. It has now been recognized that nations do not and cannot live alone by
o A health insurance scheme for workers in the informal sector, providing themselves but only as parts of “one world” and political or economic disturbances in one
area are bound to create far reaching effects in other parts of the world. Universal peace can
be achieved through the contentment of the masses that has come to be the ideal. To help in
below the poverty line.
the attainment of this objective of social justice, the International Labour Organization was
o Covers various informal workers, such as rickshaw pullers, domestic workers, established in 1919.4
and street vendors.
5. Ayushman Bharat (2018):
o -funded healthcare scheme, aimed at providing
Establishment of International Labour Organization (ILO) :The ILO was created in
-income households,
1919, as part of the Treaty of Versailles that ended World War I, to reflect the belief that
including informal sector workers. universal and lasting peace can be accomplished only if it is based on social justice. The
o Focuses on providing free access to primary, secondary, and tertiary Constitution contained ideas tested within the International Association for Labour
healthcare services.
6. Building and Other Construction Workers' Welfare Act (1996): * Assistant Professor, Bhai Gurdas College of Law, Sangrur (Punjab).
o Provides social security, health benefits, education, housing, and financial
assistance for workers in the construction sector. 1
Available at [Link] (visited on September
o Welfare boards collect contributions from workers and employers to fund 18, 2013).
2
benefits like pensions, accident insurance, and maternity leave. Solomon Barkin and Others, International Labour, Integration of Social Security Systems, Armand Kayser,
162(1967).
7. National Social Assistance Program (NSAP, 1995): 3
The Declaration of Philadelphia, May 10, 1944 restated the traditional objectives of the International
o Provides financial assistance to elderly, widows, and disabled persons below Labour Organisation.
4
the poverty line, most of whom belong to the informal sector. V.V. Giri, Labour Problems in Indian Industry, 492 (1958).
o Includes old-age pensions, disability benefits, and widow pensions.
Volume 2 ISSUE 5
© 2018 IJRAR October 2018, Volume 5, Issue 4 [Link] (E-ISSN 2348-1269, P- ISSN 2349-5138)
Conclusion
ILO is the most appropriate entity, which is already protecting the labour rights. ILO has worked
8. e-SHRAM Portal (2021):
efficiently as the guidelines and useful framework for the origination of legislative and administrative
o A centralized database for unorganized workers, launched by the government
measures for the protection and advancement of the interest of labour. The ILO was created for determining to create an integrated system for extending social security benefits.
o Covers informal workers like street vendors, agricultural laborers, domestic
and administration of international labour standards. The ILO has been successfully fighting labour
workers, and gig workers, enabling them to access welfare schemes more
problems, since its foundation. The ILO is the finest forum for addressing labour standards but other easily.
9. Social Security Code (2020):
organizations and countries worldwide, will only serve to increase its effectiveness. ILO is a tripartite body
o A comprehensive labor code that seeks to bring informal workers under the
of which 185 countries are members. Its members are in the ratio of 2:1:1 i.e. government, employers and ambit of social security.
o Focuses on ensuring universal social security coverage, including pensions,
employees. The ILO through its organs passes labour related Conventions. It has passed many Conventions
health benefits, maternity benefits, and unemployment insurance.
on social security. It is therefore setting of labour standard in the world Conventions on social security 10. State-Level Schemes:
o Several Indian states have launched their own social security programs for
divided social security into nine components. In the present times ILO is playing a major role for achieving
informal workers, such as Tamil Nadu's manual scavengers welfare scheme
the objectives of UNO to eradicate poverty, to maintain peace and to bring prosperity in the world. and Kerala's labor welfare schemes, aimed at providing pensions, health, and
educational benefits.

informal workforce, which constitutes over 80% of the total labor force.

Impact of Economic Liberalization on Worker Welfare (Key

Points):
1. Growth of Informal Sector:
o Economic liberalization in the 1990s led to the expansion of the informal
sector, as industries aimed to reduce labor costs by employing temporary and
contractual workers, leaving many without formal worker protections and
social security benefits.
2. Shift to Contractual Employment:
o Liberalization encouraged a shift from permanent to contractual employment,
particularly in sectors like manufacturing, construction, and services. Contract
workers often lack job security, health benefits, and pensions, affecting long-
term worker welfare.
3. Increased Employment Opportunities:
o Liberalization created new job opportunities, particularly in the service and IT
sectors, boosting employment levels. However, many of these jobs were
concentrated in urban areas, often benefiting skilled workers more than
unskilled labor.
4. Wage Disparities:
o The gap between skilled and unskilled workers widened post-liberalization.
Skilled workers in high-growth sectors experienced significant wage
increases, while unskilled workers, especially in agriculture and traditional
industries, faced stagnant or declining wages.
5. Weakening of Trade Unions:
o Global competition and deregulation weakened the influence of trade unions,
limiting their ability to advocate for better wages, working conditions, and job
security. This diminished collective bargaining power for workers.
6. Introduction of Labor Reforms:

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 © 2018 IJRAR October 2018, Volume 5, Issue 4 [Link] (E-ISSN 2348-1269, P- ISSN 2349-5138)
-
rovisions, maternity protection and general aspects of social
o In response to global competition, the government introduced labor reforms
security.12
aimed at increasing flexibility in hiring and firing practices, which benefited
employers but raised concerns about job security and worker rights. International Conventions Relating to the Social Security
7. Outsourcing and Labor Flexibility:
n (Accidents) Convention, 192513
o Liberalization led to the outsourcing of non-core activities, such as security,
cleaning, and logistics, to external agencies, creating jobs but often without 2. Equal Remuneration Convention, 195114
formal contracts or social security benefits for workers.
3. The Social Security (Minimum Standards) Convention, 195215
8. Expansion of Social Security Schemes:
o To address growing concerns about informal workers and labor vulnerabilities, 4. Discrimination (Employment and Occupation) Convention, 195816
the government launched new social security schemes like the Employees'
5. The Equality of Treatment (Social Security) Convention, 196217
Pension Scheme (EPS, 1995) and initiatives targeting unorganized workers,
such as the Atal Pension Yojana (2015). 6. The Employment Injury Benefits Convention, 196418
9. Rise of Service Sector Jobs:
7. The Medical Care and Sickness Benefits Convention, 196919 and the Medical Care and Sickness
o Liberalization spurred growth in sectors like IT, telecommunications, and
financial services, creating new, well-paying jobs. However, the benefits were Benefits Recommendation, 196920
mostly confined to urban, educated, and skilled workers, leaving low-skilled
8. The Maintenance of Social Security Rights Convention, 198221 and the Maintenance of Social Security
workers with fewer gains.
10. Increased Job Insecurity: Rights Recommendation, 198322
o Global competition and labor market reforms made job security more
9. Vocational Rehabilitation and Employment (Disabled Persons) Convention, 198323
precarious, with more emphasis on performance-based contracts and layoffs
during economic downturns, leading to instability for workers in various 10. The Employment Promotion and Protection against Unemployment Convention, 198824 and the
sectors.
Employment Promotion and Protection against Unemployment Recommendation, 198825
11. Focus on Skill Development:
o Liberalization highlighted the importance of skilled labor, leading to increased 11. Safety and Health in Agriculture Convention, 200126
investment in vocational training and skill development programs to enhance
ILO AND SOCIAL SECURITY
worker employability in emerging industries.
12. Inequality in Worker Benefits: The preamble of the ILO Constitution affirms the need for providing protection of the workers against the
o The benefits of economic growth post-liberalization were unevenly
contingencies in work line such as sickness, maternity, employment injury, old age thereby promoting
distributed. While some workers in high-growth sectors saw improved wages
and benefits, a large portion of the workforce, particularly in informal income security resulting in improvement of the conditions of labour. During the period from 1992 to 1995
employment, continued to lack access to basic worker welfare protections.
International Standards were laid down for various risks to be covered under social insurance and allied
The economic liberalization of the 1990s had a mixed impact on worker welfare, creating schemes for applicability of specified classes of workers. The pre-war conventions and recommendations
new employment opportunities and boosting certain sectors, but also contributing to wage
disparities, job insecurity, and the expansion of informal employment.

Social Security Reforms and Modernization (Key Points): maintenance of 27

1. Consolidation of Labor Laws:

12
o The Social Security Code (2020) consolidates multiple labor laws into a single [Link], Human Rights, 162 (2001).
13
3Convention No.17 of ILO.
framework, aiming to simplify and streamline regulations related to social 14
Convention No. 100 of ILO.
security, making it easier for workers and employers to understand and 15
Convention No.102 of ILO.
comply with requirements. 16
Convention No. 111 of ILO.
17
2. Expansion of Coverage: Convention No.118 of ILO.
18
o Efforts are being made to extend social security benefits to a broader segment Convention No.121 of ILO.
19
Convention No. 130 of ILO.
of the workforce, including workers in the informal sector, gig economy 20
Recommendation No.134 of ILO.
workers, and those in temporary or contractual employment. 21
Convention No.157 of ILO.
3. Digital Platforms and e-Governance: 22
Recommendation No.167 of ILO.
23
Convention No. 159 of ILO.
24
Convention No.168 of ILO.
25
Recommendation No.176 of ILO.
26
Convention No. 184 of ILO, held at Geneva on June 5, 2001.
27
[Link] V. Menon, Unorganised Women Workers and Social Security (New Delhi: Satyam Law International) 2012 Edition,
p.113.
IJRAR1904557 International Journal of Research and Analytical Reviews (IJRAR) [Link] 460
© 2018 IJRAR October 2018, Volume 5, Issue 4 [Link] (E-ISSN 2348-1269, P- ISSN 2349-5138)
established throughout the world. The British Labour Party had issued its own reconstruction programme in
the document titled Labour and the New Social Order. In February 1918, the third Inter- Allied Labour and
o Introduction of digital platforms like the e-SHRAM portal to register
Socialist Conference (representing delegates from Great Britain, France, Belgium and Italy) issued its
unorganized workers and provide access to social security benefits and
report, advocating an international labour rights body, an end to secret diplomacy, and other goals and in services electronically, improving accessibility and efficiency.
4. Integration of Welfare Schemes:
December 1918, the American Federation of Labour (AFL) issued its own distinctively apolitical report,
o Integration of various social welfare schemes into a unified framework, such
which called for the achievement of numerous incremental improvements via the collective bargaining as combining health insurance, pensions, and unemployment benefits, to
provide comprehensive coverage and reduce fragmentation.
process.6
5. Enhanced Pension Schemes:
Objectives of ILO o Expansion and enhancement of pension schemes like the Atal Pension Yojana
(APY) and the National Pension System (NPS) to ensure broader and more
The International Labour Organization (ILO) is devoted to promoting social justice and internationally
robust retirement security for workers across different sectors.
recognized human and labour rights, pursuing its founding mission that labour peace is essential to 6. Improved Healthcare Coverage:
o Implementation of schemes like Ayushman Bharat to provide health coverage
prosperity. Today, the ILO helps advance the creation of decent work and the economic and working
conditions that give working people and business people a stake in lasting peace, prosperity and progress. Its healthcare for low-income and informal sector workers.
7. Strengthening Enforcement Mechanisms:
tripartite structure provides a unique platform for promoting decent work for all women and men. Its main
o Reforms aimed at strengthening enforcement of social security laws and
aims are to promote rights at work, encourage decent employment opportunities, enhance social protection regulations, including better monitoring and compliance mechanisms to ensure
that benefits reach eligible workers effectively.
and strengthen dialogue on work-related issues.7 This declaration provides its objectives as under8:-
8. Increased Focus on Worker Welfare:
1. Full employment and rise in living standards; o Modernization efforts focus on improving overall worker welfare by
addressing issues like working conditions, job security, and access to social
2. Minimum living wages;
benefits, thus creating a more equitable labor environment.
3. Social security; 9. Skill Development and Training:
o Integration of social security reforms with skill development programs to
4. Recognition to the right of collective bargaining;
enhance employability and provide workers with the tools needed to adapt to
5. Proper security of health of the workers; changing job markets and new industries.
10. Support for Gig and Platform Workers:
6. Child welfare;
o New initiatives and reforms aimed at extending social security benefits to gig
7. Proper arrangements of housing, and entertainment etc; and platform workers, addressing gaps in coverage and ensuring that these
workers receive appropriate health, safety, and retirement benefits.
8. Assurance of equal opportunity in education and employment.9
11. Streamlined Benefit Disbursement:
Since its creation in 1919, ILO has actively promoted policies and provided its member States with tools o Efforts to streamline the disbursement of social security benefits using
technology, reducing delays and administrative burdens, and ensuring timely
and assistance aimed at improving and expanding the coverage of social protection to all groups in society
support for beneficiaries.
and for improving working conditions and safety at work.10 This tripartite structure makes the ILO a unique 12. Public Awareness Campaigns:
o Launch of campaigns to raise awareness about available social security
forum in which the governments and the social partners of the economy of its 185 Member States can freely
benefits and how to access them, ensuring that workers are informed and can
and openly debate and elaborate labour standards and policies.11 take advantage of the protections available to them.

These reforms and modernization efforts are designed to address the evolving needs of the
Important Social Security Areas of ILO Activities And Field Operations workforce, improve access to social security benefits, and ensure that protections are more
inclusive and effective in the contemporary labor market.
United Nation and ILO have made many efforts regarding social security at international level by number
of Conventions and Recommendations. ILO takes part in vocational training, women workers conditions Technological Integration in Worker Benefits (Key Points):
and social security for improving the working conditions of workers at international level. A number of
1. Digital Registration Platforms:
o e-SHRAM Portal: A centralized digital platform for registering unorganized
6
Available at [Link] (visited on September 15, 2014). workers, creating a database to streamline access to various social security
7
Available at [Link] (visited on November 20, 2014). benefits and schemes.
8
Declaration of Philadelphia of ILO, Article 3.
9
Dr. [Link], International Organization, 82 (2009).
10
Available at [Link] (visited on May 16, 2014).
11
Available on [Link] (visited on September8,2014)
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 © 2018 IJRAR October 2018, Volume 5, Issue 4 [Link] (E-ISSN 2348-1269, P- ISSN 2349-5138)
old age and injury, protection of the interests of workers when employed in countries other than their own,
recognition of the principle of equal remuneration for work of equal value, recognition of the principle of
2. Online Benefit Applications:
freedom of association, organization of vocational and technical education, and other measures.1 At that
o Direct Benefit Transfer (DBT): Utilizes digital systems to transfer benefits
like pensions, subsidies, and scholarships directly to beneficiaries' bank time collective efforts were not made at international level. The International Conference of National
accounts, reducing intermediaries and delays.
Unions of Mutual Benefit Societies and Sickness Insurance Funds was launched in Brussels in October
3. Mobile Apps for Access:
o UMANG App: A unified mobile platform offering access to multiple 1927. The initiative of creating it was directly linked to the steps being undertaken by the International
government services, including social security schemes, enabling workers to
Labour Organization (ILO) to introduce international regulations for the economic and health protection of
apply for and manage benefits conveniently from their smartphones.
4. Electronic Records Management: workers by means of social insurance schemes.
o EPFO and ESIC Portals: Digital portals for managing Employees' Provident
The two basic trends in social security policy, one aimed at guaranteeing, if possible, a minimum standard
Fund (EPF) and Employees' State Insurance (ESI) records, facilitating easier
tracking of contributions, withdrawals, and claims. of subsistence for everybody and the other aimed at maintaining the individual standard of living according
5. Automated Pension Management:
to income from work.2 The Philadelphia Charter3 provided that the poverty anywhere constitutes a danger to
o National Pension System (NPS): Uses technology to manage pension
accounts, allowing for online contributions, withdrawals, and monitoring of prosperity everywhere is really appropriate even today. The developed countries have realized that if they
pension plans, enhancing transparency and efficiency.
have to enjoy the fruits of progress, it is essential for the whole world to unite and work in close co-
6. Telemedicine Services:
o Ayushman Bharat Digital Mission: Incorporates telemedicine services into operation with one another. It has now been recognized that nations do not and cannot live alone by
health insurance schemes, allowing beneficiaries to consult doctors remotely
and access healthcare services more easily.
7. Data Analytics for Targeting: create far reaching effects in other parts of the world. Universal peace can be achieved through the
o Social Security Data Integration: Uses data analytics to identify and target
contentment of the masses that has come to be the ideal. To help in the attainment of this objective of social
beneficiaries more effectively, ensuring that social security benefits reach the
intended recipients and are not misused. justice, the International Labour Organization was established in 1919.4
8. Online Grievance Redressal:
o Digital Complaint Portals: Platforms like the EPF Grievance Portal allow
workers to file and track complaints related to social security issues, ensuring Establishment of International Labour Organization (ILO)
quicker resolution of problems.
The ILO was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the
9. Automated Compliance Monitoring:
o Regulatory Technology (RegTech): Utilizes technology to automate the belief that universal and lasting peace can be accomplished only if it is based on social justice. The
monitoring of compliance with labor laws and social security regulations,
Constitution contained ideas tested within the International Association for Labour Legislation, founded in
improving enforcement and reducing administrative burdens.
10. Electronic Health Records (EHR): Basel in1901. Campaign for the establishment of an international organization dealing with labour issues
o Integrated Healthcare Systems: Implementation of EHR systems in public
began in the nineteenth century, led by two industrialists, Robert Owen and Daniel Legrand. There was keen
health schemes to streamline the management of patient information, improve
service delivery, and ensure continuity of care. appreciation of the importance of social justice in securing peace, against a background of exploitation of
11. Blockchain for Transparency:
workers in the industrializing nations of that time. There was also increasing understanding of the world's
o Blockchain Technology: Exploring blockchain for secure, transparent, and
tamper-proof management of social security records, ensuring authenticity and economic interdependence and the need for co-operation to obtain similarity of working conditions in
preventing fraud.
countries competing for markets.5
12. Online Training and Upskilling Platforms:
o Skill Development Portals: Use of online platforms to provide vocational Over the course of the First World War, the international labour movement proposed a comprehensive
training and upskilling opportunities, helping workers improve their
programme of protection for the working classes, conceived as compensation for labour's support during the
employability and access better job prospects.
war. Post-war reconstruction and the protection of labour unions occupied the attention of many nations
Technological integration enhances the efficiency, accessibility, and transparency of worker
during and immediately after World War I. In Great Britain, the Whitley Commission, a subcommittee of
benefits, making it easier for workers to access, manage, and benefit from social security
programs. the Reconstruction Commission, recommended in its July 1918 Final Report that "industrial councils" be

1
Available at [Link] (visited on September 18, 2014)
2
Solomon Barkin and Others, International Labour, Integration of Social Security Systems, Armand Kayser, 162(1967).
3
The Declaration of Philadelphia, May 10, 1944 restated the traditional objectives of the International Labour Organisation.
4
V.V. Giri, Labour Problems in Indian Industry, 492 (1958).
5
Available at [Link] (visited on September 18, 2014).
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Role Of International Labour Organisation In

Challenges and Gaps in Social Security for Workers (Key
Promoting Social Security Points):
By Doddapaneni Sudha Rani
1. Limited Coverage of Informal Sector:
Research Scholar, PG Department of Legal Studies and Research, o Many workers in the informal sector, including daily wage laborers, street
vendors, and gig workers, are often excluded from formal social security
Acharya Nagarjuna University, Nagarjuna Nagar, Guntur, schemes, leaving them without essential benefits.
2. Inadequate Implementation of Schemes:
Andhra Pradesh State, India. o Existing social security programs may suffer from poor implementation and
inefficiencies, leading to delays, corruption, or inadequate distribution of
Abstract
benefits to eligible workers.
After the World War I, the developed countries have realized that if they have to enjoy the fruits of progress, 3. Lack of Awareness:
o Many workers, especially in rural and informal sectors, are unaware of
it is essential for the whole world to unite and work in close co-operation with one another. It has now been available social security benefits and how to access them, resulting in
underutilization of existing schemes.
4. Complexity and Bureaucracy:
o The process to apply for and manage social security benefits can be complex
political or economic disturbances in one area are bound to create far reaching effects in other parts of the and bureaucratic, creating barriers for workers, particularly those with limited
literacy or access to technology.
world. Universal peace can be achieved through the contentment of the masses that has come to be the 5. Inconsistent Benefits Across Sectors:
o There are disparities in the types and levels of benefits provided across
ideal. To help in the attainment of this objective of social justice, the International Labour Organization different sectors and employment types, leading to inequality in worker
protection.
was established in 1919. 6. Low Coverage for Low-Income Workers:
o Social security schemes often fail to adequately cover low-income workers or
Since its creation in 1919, ILO has actively promoted policies and provided its member States with tools provide benefits that are sufficient to meet their needs, such as insufficient
pensions or health insurance coverage.
and assistance aimed at improving and expanding the coverage of social protection to all groups in society 7. Challenges in Data Management:
o Issues with data collection, management, and integration can lead to
and for improving working conditions and safety at work. The ILO through its organs has been passing inaccuracies in beneficiary records, affecting the efficient distribution of
benefits and services.
labour related Conventions. It has passed many Conventions on social security. It is therefore setting of 8. Gender Disparities:
o Female workers, especially those in informal and low-wage sectors, often face
labour standard in the world Conventions on social security divided social security into several greater challenges in accessing social security benefits and may receive lower
levels of support compared to their male counterparts.
components. In the present times ILO is playing a major role for achieving the objectives of UNO to 9. Limited Pension Coverage:
o Pension schemes may have limited reach, with many workers not covered by
eradicate poverty, to maintain peace and to bring prosperity in the world. formal pension plans or receiving inadequate benefits due to insufficient
contributions or low coverage.
10. Inadequate Health Coverage:
o Health insurance schemes may not cover all essential medical services or may
most authoritative organizations in the international arena. In different political contexts, during periods of
have high out-of-pocket costs, making it difficult for workers to access
necessary healthcare.
11. Lack of Portable Benefits:
to decent and safe working conditions, and to reliable gua
o Workers who frequently change jobs or migrate for work may struggle to
------------- Vladimir Putin, The Then Prime Minister, Russia maintain continuity in their social security benefits, leading to gaps in
coverage.
Introduction
12. Economic Downturns and Employment Uncertainty:
At that stage many countries made efforts at their own level for regulation of labour supply, prevention of
unemployment and provision of an adequate living wage, protection of the workers against sickness, disease
and injury arising out of his employment, protection of children, young persons and women, provision for

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o the State should raise the level of nutrition and the standard of living of its people and
contribute to social security schemes and may lead to reduced benefits during
improvement of public health as among its primary duties. The obligations of the State in the
times of economic hardship.
13. Technological and Infrastructure Barriers: above Articles constitute the Social Security and also to enforce effectively.
o Limited access to technology and internet connectivity in rural and
underserved areas can hinder workers' ability to utilize digital platforms for
managing social security benefits.

Addressing these challenges requires targeted reforms, better implementation of existing

schemes, and expanded coverage to ensure that all workers, including those in vulnerable and
informal employment, receive adequate social security protections.

Social Security for Migrant Workers:

1. Portability of Benefits: Migrant workers can now carry forward their social security
benefits, such as Provident Fund (PF), Employee State Insurance (ESI), and other
entitlements, when they move across states.
2. Registration of Workers: Migrant workers can be registered on an Aadhaar-based
national portal to facilitate access to social security schemes.
3. Inter-State Cooperation: The Code emphasizes the need for collaboration between
central and state governments to ensure social security benefits are accessible
across state lines.
4. Health and Social Security Schemes: Migrant workers are eligible for social security
schemes like health insurance, maternity benefits, and accident cover.
5. Social Security Fund: The creation of a Social Security Fund will provide benefits for
unorganized workers, including migrants, funded by contributions from employers,
the central government, and workers themselves.

Social Security for Gig Workers:

1. Inclusion of Gig and Platform Workers: The Code officially recognizes gig and
platform workers (e.g., drivers for ride-hailing services, food delivery personnel) as
part of the labor force, eligible for social security.
2. Registration and Identification: Gig and platform workers will be registered through
Aadhaar-based systems for easy identification and inclusion in schemes.
3. Aggregator Contributions: Companies (aggregators) employing gig workers must
contribute a specified percentage of their turnover toward the social security fund
for these workers.
4. Social Security Benefits: Gig and platform workers are entitled to life and disability
insurance, health and maternity benefits, old-age protection, and other welfare
schemes.
5. Creation of Social Security Schemes: The central and state governments are tasked
with formulating specific social security schemes tailored for gig workers, addressing
their unique employment conditions.

Both gig and migrant workers, previously excluded from formal social security systems, will
now receive broader protections under the new framework, aiming to improve their welfare
and working conditions. INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES
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applicable throughout the country. State Legislatures have the exclusive power to make laws Future Outlook for Worker Welfare in India:
pertaining to the subjects mentioned in List-II. These are applicable only within the territorial
jurisdiction of the respective states. In respect of List-III both the Parliament and the State 1. Expansion of Social Security Coverage:
o Increasing coverage to all workers, including those in the informal, gig, and platform
Legislatures have power to make laws. However, in the event of any conflict Union Legislature sectors, ensuring universal access to social security benefits like health insurance,
will prevail over the State Legislature. pensions, and maternity leave.
2. Technology Integration:
o Greater use of digital platforms and Aadhaar-based identification to streamline
Item No. 9 of the State List and Item Nos. 20, 23 and 24 of the Concurrent List relates to old registrations, track benefits, and ensure faster disbursement of social security
age pension, Social Security and Social Insurance, and economic and social planning. schemes.
3. Portability of Benefits:
o Enhanced portability for social security benefits across states for migrant workers,
In the Constitution of India, entry 24 in list III of schedule VII deals with the "Welfare of
ensuring continuous access to benefits like Provident Fund (PF) and Employee State
Labour, including conditions of work, provident funds, liability for workmen's compensation, Insurance (ESI) as they move for work.
4. Focus on Gig Economy:
invalidity and old age pension and maternity benefits. Further, Article 41 of Directive
o Development of specific welfare schemes for gig and platform workers, driven by
21
Principles of State Policy has particular relevance to Old Age Social Security . contributions from aggregators, addressing the needs of a growing digital economy
workforce.
Under Article 246 of the Indian constitution, issues related to labour and labour welfare come 5. Formalization of Informal Sector:
o Continued efforts to formalize the informal sector by bringing more workers under
under List III that is the Concurrent List. Exceptional matters related to labour and safety in the social security net, with policies encouraging formal employment contracts and
compliance with labor laws.
mines and oilfields and industrial disputes concerning union employees come under Central
6. Improved Worker Safety and Health:
List. In all there are 47 central labour laws and 200 state labour laws. The three main acts that o Strengthening of occupational safety standards, with more focus on health benefits,
accident insurance, and safety measures, especially for high-risk industries like
are the cause of contention are the Industrial Disputes Act (1947), the Contract Labour construction and manufacturing.
(Regulation and Abolition) Act (1970) and the Trade Union Act (1926). 7. Labor Market Flexibility:
o Balancing worker protection with employer flexibility by promoting fixed-term
contracts and easing compliance, helping create a dynamic labor market that
supports growth and employment opportunities.
8. Skill Development and Upskilling:
CONCLUSION o Government-backed skill development initiatives to improve worker productivity
and employability, ensuring workers can adapt to the changing demands of the
The Constitution of India has recognised Social Security as part of Fundamental Right and global labor market.
made provision for its implementation and enforcement as part of Directive Principles of the 9. Enhanced Pension and Retirement Benefits:
o Introduction of more comprehensive pension schemes to secure the financial future
State Policy. State should strive to promote the welfare of the people by securing and of workers in both organized and unorganized sectors, with enhanced old-age
protecting, as effectively as it may, a social order in which justice social, economic and political protection.
10. Collaboration Between Government and Private Sector:
shall inform all the institutions of national life. Specially, Article 41 of the Constitution requires o Increased public-private partnerships to deliver social security benefits and welfare
that the State should, within the limits of its economic capacity, make effective provision for programs more effectively, particularly for workers in emerging sectors like e-
commerce, logistics, and delivery.
securing the right to work, to education and to public assistance in case of unemployment, old 11. Sustainable Funding Mechanisms:
age, sickness and disablement. Article 42 requires that the State should make provision for o Development of sustainable funding mechanisms for worker welfare programs,
including contributions from employers, governments, and workers, ensuring long-
securing just and humane conditions of work and for maternity relief. Article 47 requires that term financial viability of social security systems.
12. Labor Reforms and Enforcement:
21
o Ongoing reforms of labor laws to improve enforcement of worker rights and welfare
[Link] visited on 20.06.2009
measures, ensuring that social security benefits are implemented effectively at the
grassroots level.
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The future of worker welfare in India is moving towards inclusivity, with an emphasis on The provisions of the Maternity Benefit Act,1961 entitling maternity leave to women engaged
reaching the informal sector, using technology for efficiency, and ensuring social security for
on casual basis or on muster roll basis on daily wages and not only to those in regular
a wide array of employment types, including gig and migrant workers.
employment, are wholly in consonance with the above Article.

Article 43 of the Constitution places on the State the responsibility to provide Social Security
to the citizens of this country. In India, we find all the above strategies in practice. For the
purpose of discussion, we may categorize the
Social Security schemes available in India as Preventive Schemes, Promotional Schemes and
Protective Schemes20.

Article 47 requires that the State should raise the level of nutrition and the standard of living
of its people and improvement of public health as among its primary duties. The obligations
cast on the State in the above Articles constitute Social Security22.

The Social Security schemes in India cover only a small segment of the organized work force,
which may be defined as workers who are having a direct regular employer-employee
relationship within an organization. The Social
Security legislation in India derives their strength and spirit from the Directive Principles of
the State Policy as contained in the Constitution of India. These provide for mandatory Social
Security benefits either solely at the cost of the employers or on the basis of joint contribution
of the employers and the employees. While protective entitlements accrue to the employees,
the responsibilities for compliance largely rest with the employers.

UNION, STATE AND CONCURRENT LISTS ON SOCIAL SECURITY

SYSTEM
Part-XI of the Constitution of India deals with the relations between the Union and the States.
Article 246 defines the scope of the Union and State Legislatures in making laws in accordance
with separate lists of prescribed under Schedule-VII of the Constitution. List-I is the Union
List, List-II is the State List and List-III is the Concurrent List. Union Legislature/Parliament
has the exclusive power to make laws pertaining to the subjects mentioned in List-I. These are

20
Seervi, H.M. Vol. I & II, III-Bombay: 22Basu, Durga
Das,

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Social Security legislations in India derive their strength and spirit from the Directive Principles
of the State Policy as contained in the Constitution of India.

Although the Constitution of India is yet to recognize Social Security as a fundamental right it
does require that the State should strive to promote the welfare of the people by securing and
protecting, as effectively as it may, a social order in which justice social, economic and political
shall inform all the institutions of national life.

The State under Article 38, shall strive to promote the welfare of the people by securing and
protecting, as effectively as it may, a social order in which justice, social, economic and
political, shall inform all the institutions of the national life. The State shall, in particular, strive
to minimise inequalities in income, and endeavour to eliminate inequalities in status, facilities
and opportunities not only amongst individuals, but also amongst groups of people residing in
different areas or engaged in different vocations.

The State shall, in particular, direct its policy towards securing to all its citizens, men and
women equally, the right to an adequate means of livelihood; right to good health and strength
of workers, men and women and to protect the tender age of children from being abused and
to ensure an atmosphere where the citizens are not forced by economic necessity, to enter into
avocations unsuited to their age and strength; to provide adequate opportunities and facilities
to children to develop in a healthy manner.

Specially, Article 41 of the Constitution requires that the State should within the limits of its
economic capacity and development; make effective provision for securing the right to work,
to education and to public assistance in case of unemployment, old age, sickness and
disablement17.

the philosophy of socio-economic justice.18Article 42 requires that the State should make
provision for securing just and humane conditions of work and for maternity relief19.

17
Pylee M.V. -Delhi: Universal Law publications, 2003.
18
Dialy casual labour employment under P and T deportment v. Union of India (1988) 1 SCC 122 (para9).
19
The Constitution of India,

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[Link]

SOCIAL JUSTICE UNDER INDIAN CONSTITUTION It is done by empowering women, encouraging women literacy, banning dowry,
designing widow pension schemes.
By Dr. Puneet Pathak
Centre for Law, School for Legal Studies and Governance, Social Security programme rules assume that working families have access to other resources
Central University of Punjab, City Campus Mansa Road, District- Bathinda, State- Punjab to provide support during periods of short-term disabilities, including workers' compensation,
insurance, savings and investments. The
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Abstract: Act, 1995, strives to promote empowerment of persons with disabilities. This Act received
support and assistance, although essential to improving the quality of life of people with
The notion of justice is most commonly associated with an underlying assumption that justice
disabilities, but is not sufficient enough14.
equates to equal rights, access, and fair treatment in the legal system. The concept of social
justice is the necessary implication of welfare state. The scheme of social Justice is very well Some of the fundamental rights contained in the European Convention on Human Rights and
incorporated in the various provisions of the Indian Constitution. The Preamble of the its Protocols, and the Revised European Social Charter include the right to education; the right
Constitution Social and Economic Justice Equality etc., to work; the right to private and family life; the right to protection of health and Social Security;
which specify that the state would extensively involve in social welfare of people, and would the right to protection against poverty and social exclusion; the right to adequate housing etc15.
try to establish an egalitarian society. Moreover a distinct chapter of Directive Principles of
Based on these statistics the European countries are working hard to make their disabled people
State Policy has been dedicated towards the welfare responsibilities of the government, which
enjoy the fruit of the policies. Therefore, availability of detailed data on the disabled population
welfare. Various fundamental rights and
in India is a pre-requisite for better planning and implementation of Social Security schemes.
its subsequent amendments also intended to ensure social justice to the disadvantaged citizens.
Data on the following aspects as regards the disabled population in the country will be useful
The paper discusses the concept of social justice and the provisions of Indian Constitution
in this regard16:
underlying the concept of social justice with the judicial interpretation which expend and
contribute in the realization of the same.

Concept of Social Justice:

DIRECTIVE PRINCIPLES OF STATE POLICY AND SOCIAL
The concept of social justice emerged out of a process of evolution of social norms, order, law and morality. SECURITY
It laid emphasis upon the just action and creates intervention in the society by enforcing the rules and
The Part-IV of the Constitution of India comprising of Article 36 to Article 51 deals with
regulations based on the principles in accordance with social equality. The term 'social' as we can
provisions pertaining to directive principles of state policy. The
understood, is concerned with all human beings within the society and term 'justice' is related
with liberty, equality and rights. Thus social justice ensures liberty, equality and maintains their
individual rights in the society. In other words, securing the highest possible development of 14
[Link] visited on 25.03.2012
the capabilities of all members of the society may be called social justice. In dealing with the 15
Abromovitz, M. "The Elements of Social Capability", in Koo, B. H and D. H. Perkins (eds.) Social Capability
and Long-Term Economic Growth (New York, St. Martin's Press1995).
concept of social-justice, it becomes essential to differentiate between the traditional idea of
16
'justice' and modern idea of 'social justice' intended to establish an egalitarian society. The Dreze, J and Sen A.K (1991), "Public Action for Social Security Foundation and Strategy" Oxford University
Press, New Delhi
notion of social justice, however, is relatively recent phenomenon and largely a product of the
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[Link]

FUNDAMENTAL RIGHTS AND SOCIAL SECURITY modern social and economic developments. The traditional idea of justice which is described
as often conservative approach, focused on the qualities of
The Part-III of the Constitution of India comprising of Article 12 to Article 35 deals with modern idea of social justice assumes a Just-society. In ancient Greek and Hindu approach, the
provisions pertaining to fundamental rights. Promotional Social Security schemes are mainly justice is concerned with functioning of duties, not with notion of rights. Both Plato and
of means tested Social Assistance type, where to guarantee minimum standards of living to Aristotle hold the state to be prior to the individual.1 Under ancient Indian tradition, Dharma is
vulnerable groups of population, the Governments at the State and Centre draft schemes another name of code of obligations and justice is nothing but virtuous conduct with dharma.2
financed from the general revenues of the Government. These are the strategies of risk
mitigation. This guarantees the following kinds of security: In modern liberal philosophy "justice" is defined in terms of rights not as duties. The source of
such rights is the state legislation which limits the state power non-infringing or taking away
1. Food and Nutritional Security
fundamental rights. In modern societies, almost all constitutions guarantees such rights and
It is done by ensuring per capita availability of food grains, access to food, ensure their effective implementation. In this sense justice becomes a disposition to give
developing agriculture sector, targeted Public Distribution system etc. The modern liberal view of justice has been developed in the writings of
2. Employment security various thinkers including John Locke, Bentham, John Stuart Mill, Spencer and Adam Smith.
According to Rousseau men are equal by nature but the institution of private property has made
It is done by ensuring employment by generating employment, redeploying
them unequal and further perpetuated inequalities. Therefore, the perfection of man lies in the
the surplus manpower in any sector, creating rural employment opportunities, improvement of society that can be done by observing cultivating natural feelings and
encourages technological up gradation. sentiments which guarantee equality and social-justice. According to Marxist analysis, the
3. Health Security source of injustice is the private ownership of the means of production, which creates the social
divisions into bourgeoisie and proletariat classes. To establish of the ideal state of justice it is
It is done by ensuring availability of medical facilities, maintaining standards
necessary to abolish private property and to create a classless society.3
of sanitation and drinking water, eradication and control of communicable
diseases, timely vaccination of children and child bearing women, health The objective of social justice is to organize the society so as to abolish the source of injustice
insurance, old age homes and Social in social relations, such as discrimination on the basis of caste, sex, religion, race, region etc.
Insurance for the elderly. whereas social justice may also require protective discrimination in favor of the downtrodden,
underprivileged and weaker sections of the society. The concept of social justice is an evolving
4. Education Security
concept and despite various efforts, it is problematic to define the same. Each conceptualization
is concerned with the distributive character of imparting justice. Thus the notion of social
It is done by ensuring opening of schools, Encouraging children to attend
justice requires the equal distribution of economic goods and opportunities. More recently the
classes, making education compulsory upto certain age, opening adult learning
development of the notion of justice may be found in the work of John Ralws and Robert
centers or formulating schemes like
Nozick. They also emphasized on the distributive character of justice. In the opinion of
Sakshara, running schemes like mid day meals etc.
Nozick, historical entitlement is a significant component of distributive justice where the
5. Women Security

1
S. R. Myneni, Political Science, Allahabad Law Publication, Faridabad (2008) p. 207.
2
Ambikesh K. Tripathi, Concept ofSocial Justice in Political Thought withSpecial Focus onGandhi and Ambedkar, Vol. 3
No. 7, Shodh Drishti, (2012) pp 37-38.
3
INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES J. P. Suda, Modern Political Thoughts, K. Nath & Co., Meerut, p. 306.
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society is aware of its wrongs and has an increased interest in compensation. John Rawls that all sections of society, irrespective of caste, creed, sex, place of birth, religion or language,
conceptualizes justice as fairness where there is desirability of advantage for the marginalized would be treated equally and no one would be discriminated on any of these grounds. Similarly,
4
groups in some respect. In the broader perspective, social justice deals with the regulation of economic justice would mean that all the natural resources of the country would be equally
wage; profits and protection of individual rights through the legal system of allocation of goods available to all the citizens and no one would suffer from any undeserved want. Similarly,
and resources. In other words social justice means availability of equal social opportunities for Political justice entitles all the citizens equal political rights such as right to vote, right to
the full development of human personality to all the people in the society, without any contest elections and right to hold public office etc12.
discrimination on the ground of caste, sex or race etc. Therefore, the notion of social justice is
The Preamble also keeps liberty of thought, expression, belief, faith, and worship as its ideals.
associated with social equality and individual rights. Social justice can be made available only
It means that the citizens would be free to follow a religion of their own choice and express
in a social system where the exploitation of one human being by another human being
ters.
is absent, and where privileges of the few are not built upon the miseries of the many.5
The Preamble also provides for equality of status and opportunity. It implies that all the citizens
Despite various attempt to define the t a very vague concept and cannot
would be able to make full use of their talents without any interruption and develop their
be captured empirically. Krishna Iyer 6 in his work 'Justice and Beyond' rightly proclaims
personality to the maximum extent possible. Lastly, the Preamble also aims at developing
"social justice is not an exact static or absolute concept, measurable with precision or getting
fraternity assuring the dignity of individual and the unity and integrity of the nation. It means
into fixed world. It is flexible, dynamic and relative." In fact, the emergence of just man, just
that the common brotherhood, to be developed in India, would be based on the dignity of the
action and just state of affairs in society seems to be a manifestation of social justice. In the
individual without any consideration of his status in society.
view of former Chief Justice of India Justice Gajendragadkar, the concept of social justice has
dual objectives of 'removing all inequality' and affording equal opportunities for 'economic Similarly, such a brotherhood should also lead to the unity and integrity of the nation. In
activities of all the citizens.7 The core element of social justice is equal social worth which nutshell, the Preamble aims at a social order wherein the people would be sovereign, the
required that citizens be guaranteed certain social rights as well as the civil and political rights. government would be elected by and accountable to people, the powers of the government shall
The idea of social justice demands freedom, equality and other human rights to secure the be restricted by the rights of people and people would have ample opportunities to develop
greatest happiness and common good of human beings. In D. S. Nakara v. Union of India8, the their talents. Though the Preamble is not technically enforceable through courts of law, it is
Supreme Court has held that the principal aim of a socialist state is to eliminate inequality in useful in interpreting the various provisions of the Constitution and acts as a beacon in
income, status and standards of life. The basic frame work of socialism is to provide a proper conflicting situations.13
standard of life to the people, especially in terms of security from cradle to grave. Amongst
there, it envisaged economic equality and equitable distribution of income.

Social Justice under Indian Constitution:

4
Tripathi, supra n. 2. 12
5 Coupland, R. The Constitutional Problems in India -London: Oxford University Press, 1945.
Dias, Jurisprudence 5th Edition, Butterworth & Co. (1985) pp. 481-482. 13
6
Krishna Iyer, Justice and Beyond, Deep and Deep Publication, New Delhi (1982) p. 63. Jain, M.P. Vol- 1, 2
7
Gajendragadkar, 'Law Equality and Social Justice', (Bombay: Asian Publication, 1969) p. 47.
8
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PREAMBLE AND SOCIAL SECURITY Indian Constitution, the cornerstone of the nation was intended to promote social
transformation in view of Granville Austin.9 India was acquainted with positive discrimination
The Preamble of the Constitution of India reads as under:
even prior to independent in 1947. During British regime, the government had introduced
reservations in favour of the lower caste as well as tribals. These policies created new
WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a administrative categories which tended to refashion the old notions of untouchables. The word
SOVEREIGN SOCIALIST SECULAR 8 DEMOCRATIC backward classes was first used in the 1870 by the Madras administration in the framework of
REPUBLIC and to secure to all its citizens: an affirmative action policy in favour of under-educated groups. When the list of backwards
enlarged and expanded, growing from 39 to 131 communities in 1920s, the untouchables
JUSTICE, social, economic and political; claimed the right of being treated as a distinct class. Hence the sharing out of the backward
between depressed classes (untouchables and tribals) and caste other than depressed classes
LIBERTY of thought, expression, belief, faith and worship;
that was decided in 1925.10

EQUALITY of status and opportunity; And to promote among them all FRATERNITY For depressed classes seats in local and national assemblies were reserved from 1919 onwards.
assuring the dignity of the individual and the unity and integrity9 of the nation However, after Government of India Act, 1935, the untouchables were designated as Scheduled
Castes and the denomination spread in the providence of British India. After independence,
The proper function of a preamble, according to the canons of statutory interpretation, is to
this group was officially recognized by constituent assembly, whereas the rest of the former
explain certain facts which are necessary to be explained before the enactments contained in
depressed classes group was reclassified in to a new category, the other backward classes. Both
the Act can be understood. In short, it contains a recital of the facts or state of the law for which
such groups were supposed to benefit from programme of positive discrimination under the
it is proposed to legislate by the statute, the object and policy of the legislation and the evils or
scheme of Indian Constitution.11
inconveniences it seeks to remedy.9 But, though it is a recital of some inconveniences, it does
not exclude others, for which remedy is given by enacting parts of the statute. Hence where the At the time of independence, the constitution makers were highly influenced by the feeling of
10 social equality and social justice. For the same reason, they incorporated such provisions in the
language of the enacting sections is clear and unambiguous, the terms of the preamble cannot
qualify of cut down the enactment. constitution of India. Social Justice is the foundation stone of Indian Constitution. Indian
Constitution makers were well identified to use the various principles of justice. They wanted
ment or introduction. The
to search such form of justice which could fulfill the expectations of whole revolution. Pt.
Preamble to the Indian Constitution deals with the aims and objectives, the targets and ideals;
Jawaharlal Nehru suggested an idea before the Constituent Assembly: "First work of this
and the basis and foundations of the Indian Constitution11.
assembly is to make India independent by a new constitution through which starving people
The Preamble also aims at securing to all citizens Justice: social, economic and political. will get complete meal and cloths, and each Indian will get best option that he can progress
Though it is not easy to give a precise meaning of the term justice, by and large, it can be stated himself."12 The idea of social justice found its resilience in nationalist thinking before it could
that the idea of justice is equated with equity and fairness. Social justice, therefore, would mean

9
8
Words in italics inserted by the Constitution (42 nd Amendment) Act, 1976 (w.e.f.3-1-1977). 9 Ibid Granville Austin, The Indian Constitution: Cornerstone of a Nation (New Delhi: Oxford University Press,
9
Re berubari Union, AIR 1960 SC 845 (856). 1999) p. 11
10
10
Bhim Singhji v. Union of India, AIR,1981 SC 234 (PARA 39, 71). P. Radhakrishnan, Backward Classes in Tamil Nadu: 1872- 1988, Economic and Political Weekly, 10 March,
11
1990 pp. 509-517.
Bakshi, P.M. -Delhi: Universal Law Publishing, 2002. 11
Christophe Jaffrelot, Containing the Lower Castes: The Constitution Assembly and the Reservation Policy, p.
249-250, in Supra n. 9
12
INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES Minarva Mills vs. Union Of India (1980) 3 SCC 625
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be formally incorporated into the Constitution. Rajeev Bhargava has argued that social justice cannot be dismissed in an unjustified manner. He has been given statutory protection against
formed one of the central organizing and mobilizing principles of the nationalist movement.13 retrenchment or lay off.5

have been inserted in the preamble which reflects the It is universal truth that democracy can survive only in society based on social and economic
14
idea social welfare state. - justice because social justice is the social order and economic justice is the rule of the day
social, economic and political, secured through various provisions of Fundamental Rights and which facilitate to promote the welfare of the people so that society will thrive. They are
Directive Principles. Social justice denotes the equal treatment of all citizens without any social inseparable because economic justice goes along with social justice. As a labourer is an active
distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges partner in contribution to enhance productive process in industry and agriculture as well, in
being extended to any particular section of the society, and improvement in the conditions of turn he has a legitimate right to claim the fruits of Social Security benefits when they are caught
backward classes and women. Economic justice denotes on the non- discrimination between into the web of contingencies to which workers are exposed in their life. Hence economic and
people on the basis of economic factors. It involves the elimination of glaring in equalities in social development cannot be considered as a separate process because economic growth
wealth, income and property. A combination of social justice and economic justice denotes makes the expansions of social programmes to provide Social Security as it ensures workers to
what is known as uld have
equal political rights and equal participation in the governance of the society. The Constitution qualitative and quantitative aspect. As lack of Social Security impedes production and prevents
has more than two dozen articles providing for compensatory treatment for disadvantaged formation of a stable and efficient labour force, the Constitution of India through various
citizens or for protecting them against discrimination. All these provisions and its subsequent Articles laid down Social Security measures to promote labour welfare in which Social Security
amendments are intended to ensure the economic, social and political justice to disadvantaged for labour constitutes an integral part of it. The Supreme Court of India has widened the scope
15 6
citizens. of Article 21 in and held that Right to Life is not merely confined to
physical existence, but, it includes within its ambit the right to live with human dignity. And
also in Peoples Union for Democratic Rights v. Union of India.7 It was held that the rights and
provision of adequate opportunities for all individuals without any discrimination. The
benefits conferred on the workmen employed in various works entitled them to human dignity
Preamble safeguards the equality of status and opportunity to all citizens of India. This
and if the workmen are deprived of any of these rights and benefits that would clearly be a
provision embraces three dimensions of equality- civic, political and economic. 16 The
violation of Article 21. Thus Social Security rights are those requirements that make us develop
constitutional provisions17 that can help the lower castes to attain material benefits also involve
to the fullest extent and satisfy our basic human needs to have a decent human existence. It is
an inviolable human right or human dignity which the State has to respect and protect the same
13
kel, Zoya Hasan, as it influence the national development.
Rajeev Bhargava, and Balveer Arora (ed.) Transforming India, (New Delhi: Oxford University Press, 2000) p.
26.
14
By the 42nd Constitutional (Amendment) Act, 1976.
15
Granville Austin, Working A Democratic Constitution: A History of Indian Experience, (New Delhi: Oxford
University Press, 1999) p.95
16
M. Laxmikanath, Indian Polity (2008) p. 29
17
There are certain Fundamental Rights guaranteed under the constitution which ensure civic equality i.e. Article
14 (Equality before the Law) states that: The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India; Article 15(1) (Prohibition of discrimination on grounds
of religion, race, caste, sex and place of birth) states that: The State shall not discriminate against any citizen on 5
Ibid p. 32.
grounds only of religion, race, caste, sex, place of birth or any of them; Article 16 (1) (Prohibition of discrimination 6
1978 (2) SCJ. 31.
on grounds of religion, race, caste, sex and place of birth) states that: There shall be equality of opportunity for 7
AIR 1982 SC 1473.
all citizens in matters relating to employment or appointment to any office under the State; Article 17 (abolition
of titles) states that: INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES
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as one of the fundamental rights but the hopes of people became in vain by fall of his a promise of the establishment of an egalitarian society. The constitution provides effective
Government. provisions to ensure social justice to the magnetized sections of the society. Article 15, 15(4),
Moreover the departure of Laissez-Faire philosophy to the concept of Welfare State paved the 16 (4) and 29 (2) as part of fundamental rights offer two folds advantages to SCs/STs and
way for the State to take active participation for the development of human society with a view OBCs. Such provisions not only bans discrimination in government employment but permits
to contribution to the growth of Social Security with an idea that the citizen who has contributed the state to make any provision for the reservation in such employment. The Constitution
re should be given protection against certain contingencies of life to provides reservation in many areas as education, employment, land allotment and housing etc.
which he is exposed either in his working life or as a consequences of it. This is because every Article 330 and 332 of Indian Constitution provides reservation in political matters to margined
worker expects a reasonable standard of living for himself and feels entitled to a fair share of sections of the society such as SC/ST in both houses of parliament. Such provisions reflect the
the wealth he has helped to create. These are not only reasonable expectations but also the idea of the distributive form of justice.18
objectives of a wide range of social and economic policies pursued by the Government.
These rights are protected in case of violation under Article 32 of the Constitution which in the
As India has chosen a socialistic pattern of society, it aims at socioeconomic development by view of Dr. Ambadker is the soul of the constitution. There are two provisions in the
ensuring the dignity of man to reach the goal of freedom from want which has been enshrined Constitution that seek to achieve political equality. According to Article 325 no person is to be
in Article 41 under the Directive declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex.
Principles of State Policy of our Constitution and directs the State to provide work, education
Articles 36 to 51 incorporate certain directive principles of State policy which the State must
and public assistance in cases of unemployment, old age, sickness and disablement in other
keep in view while governing the nation, but by Article 37 these principle have been expressly
cases of undeserved want.
made non-justiciable in a court of law. 19 Although these principles are not judicially
In the past Social Security measures were not available to the industrial workers as a matter of enforceable, yet they are not without purpose. These are intended for the guidance of the State.
right but only on mercy of the employer. So they could not maintain their dignity to have a While these principles shall not be cognizable by any court in India but they are nevertheless
social status. But now the industrial worker of today has acquired a dignity not known to his fundamental in the governance of the country and their application in the making of laws shall
predecessor. He is no longer the unskilled coolie the days gone by engaged in an unending be the duty of the State.20According to Dr. B.R. Ambedkar, the Directive Principles of State
struggle to eke out the existence, neglected by society except for his labour and with very
limited aspirations. He has now a personality of his own.3 It is also observed about the present Constitution. They can be classified into three broad categories- socialistic, Gandhian and
liberal- intellectual. The directive principles are meant for promoting the ideal of social and
benefit, albeit, meagre, which a Welfare State with a vast populations and inadequate resources
4
Fundamental Right, the directives are non- justiciable in nature, that is, they are not enforceable

Also in the past, workers suffered due to insecurity in jobs due to unsatisfactory service
fundamental in the governance of the country and it shall be the duty of the state to apply these
conditions. The employer could have dismissed or retrenched the workers when he liked to do
so. But now the situation has changed in such a way that once he enters is an employment, he Article 18 (1) states that: No title, not being a military or academic
distinction, shall be conferred by the State.
18
Gopal Guru, Constitutional Justice: Positional and Cultural, p. 236 in Rajeev Bhargava (ed.) Politics and
3 Ethics of the Indian Constitution, New Delhi: Oxford University Press, 2013
Report of the National Commission on Labour (1969) p.31. 19
4 Article 37 states that: The provisions contained in this Part shall not be enforceable by any court, but the
Ibid.
principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the
duty of the State to apply these principles in making laws.
20
INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES Shivarao, Select Documents, Vol. II, p. 175.
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contingencies; the people are suffering from poverty due to their inability even to meet their
their application. But, the real force (sanction) behind them is political, that is, public basic needs. Therefore, the sincere and strict implementation of Directive Principles through
21 22
opinion. In Minerva Mills case , the Supreme Court held various enactments will definitely provide a sort of Social Security to the Indian people and
founded on the bedrock of the balance between the Fundamental Rights and the Directive contribute for the establishment of social justice and social peace in the country.

Most of the Fundamental Rights provided in the Indian Constitution are based on the human
Under Indian Constitution the use of social justice is accepted in wider sense which includes rights mentioned in the Universal Declaration of Human Rights. The rights and freedoms, in
both social and economic justice both. According to Justice Gajendragadkar, "In this sense Socialist Society are legal ties between the State and citizen. Human rights and freedoms
social justice holds the aims of equal opportunity to every citizen in the matter of social & defined in the legislation of the Socialist countries fall into three main categories (1) Social and
economical activities and to prevent inequalities".23 The Constitution of India enshrined the Economic Rights, (2) Political Rights and (3) Individual Freedoms. The classification stems
concept of social justice according to Indian conditions. It includes both distributive and from the relations between the State and citizens under Socialism in the socio-economic sphere,
corrective justice in order to establish an egalitarian society. So that in one way it has been told the political sphere, and in the sphere relating to the defence of their lives, freedom, honour
about the value of Equality which is known as the declaration of equal behavior of equals to and dignity. The 1936 Soviet Constitution proclaimed the right to maintenance in the event of
Aristotle, directs the state "The state shall not deny to any person equality before the law or the sickness or disability and guarantees the right of the health protection. The important talks of
equal protection of the laws within the territory of India"24 that is distributive justice. In the Soviet State were to abolish exploitation of man by man and reshape society along socialist
other way it has been told the protective discrimination by special provision for other lines. Soviet Socialist Society also undertook to guarantee the right to a job for every citizen,
underprivileged sections of the society such as SC, ST & socially and educationally back ward which is the most important right of all. The right to work, to education, to maintenance in old
25
classes, which is the attribute of corrective and compensatory justice. age, to disability benefits and to free medical service made it possible for everyone in Russia
really to exercise a whole number of social and political rights and liberties. Unfortunately due
To accept right to equality as an essential element of Justice, India Constitution prohibits
to collapse of the Soviet principles the entire gamut of Social Security ideals fell down. India
unequal behavior on the grounds of religion, race, caste, sex. But constitution accepts that strict
though socialist country is unable to guarantee this right to work to every citizen but talks in a
compliance of formal equality will lead to inequality. Differential treatment is a corollary to
high pitch for the removal of poverty in their various plans, policies and programmes have
equality of treatment. Without extending such differential treatment which is preferential in
failed. But poverty and insecurities are increasing tremendously day by day and frustration
relation to the non-disadvantaged there is no level playing field. The Constitution itself in
among the youth both educated and uneducated prevalent by not getting any work or livelihood
several parts, particularly in the chapters of Fundamental Rights and Directive Principles of
even technically qualified persons in Medicine and Engineering are not getting work and
State Principle, spells out different kinds of disadvantaged citizens. Disadvantages could be
working as teachers and clerks for their survival. This is unexpected and unimagined and a
based on untouchability, caste, community, gender, age, lack of productive resources, physical
great shock to every human being in our country. Unemployment and other insecurities are
disabilities, condition of study and work, lack of skill or even regional disparity. Depending
leading to frustration, criminalism and terrorism. The antidote for these are providing right to
work and right to livelihood by a securing food and shelter to each and every unemployed
21
Laxmikanath, supra n. 16.
22
AIR 1980 SC 1789. person. Poverty and unemployment are deadfall diseases like cancer which will have to be
23
Gajendragadkar, supra n. 7, p. 77.
24
Art 14 of the Indian Constitution
tackled so wisely and quickly. Any defray will certainly aggravating the social evils and
25
Article 15(4) states that: Nothing in this article or in clause (2) of article 29 shall prevent the State from making disturbing the peace in the society. V.P. Singh Government tried to guarantee the right to work
any special provision for the advancement of any socially and educationally backward classes of citizens or for
the Scheduled Castes and the Scheduled Tribes; Article 16(4) states that: Nothing in this article shall prevent the
State from making any provision for reservation in matters of promotion to any class or classes of posts in the
services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the
State, are not adequately represented in the services under the State. INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES
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Therefore it is the responsibility of every Government to work for securing Social Security for upon different kinds of disability, the Constitution suggests the kind of differentiated
its people. treatment.26

aning when the Indian But the system of special provision for backward classes of society, it is to try to make the
principle of equality more effective. Under Article 15(4) the state shall make any special
Welfare State provides for a large number of social services, like public medical services, provision for the advancement of any socially and educationally backward classes of citizen or
national health and unemployment insurance, widows and orphans pension old age pensions, for the scheduled castes, and the Scheduled tribes and in the same manner by accepting the
public assistance, subsidizing house building, the control of housing and supervision of town opportunity of equality to employment under state in Article 16 (1), it has excepted the principle
planning as well as Acts for the protection of children. All these are altogether independent of of equalization under Article 16(4). If it is in the opinion of the state that any class of the
what had been done earlier, citizens has not been adequately represented under state employment, state shall make any
legislation restricting the employment of children under a certain age. This enlarged concept provision for the reservation of appointments. According to Art 46 the State shall promote with
of social, economic, and political justice enable us to make a natural transition to the directive special care the educational and economic interests of weaker sections of the people, and in
principles which have been described as the manifesto of a Welfare State.1 particular, of the scheduled castes and the scheduled tribes, and shall protect them from social
injustice and all forms of exploitation.
It has been said many times in several judgments of the Supreme Court that the Indian
Constitution sets before the Parliament and State legislatures the goal of creating a Welfare In State of Uttar Pradesh Vs. Pradeep Tandon, 27 the Supreme Court accepted reasonable
State. This has been achieved to some extent through certain legislations in establishing welfare classification justiciable on the basis of unequal behavior between unequal people. In a very
important case of Indra Shahani vs. Union of India 28 the Supreme Court declared 27%
Security State. Mere welfare without security is not considered as Welfare State in true spirit reservation legal for socially and economically backward classes of the society under central
of the Constitution. Thus the Welfare guaranteed should not be vague or uncertain. Therefore services. The judgment contains learned discourse on the philosophy as well as methodology
our direction or goal must be towards achieving Social Security ideals. Justice. P.N. Bhagwati of protective discrimination of backward classes. The court has carefully balanced the
2
in a historical case critically observed that self- styled human right activists forget that Civil competing interests of efficiency of administration and social justice.29
and Political rights are priceless and invaluable as they are for freedom and democracy. Large
Basically protective discrimination is used to fulfill those lacks which arise due to a long time
number of men, women and children who constitute the bulk of our population are today living
deprivation. It is a part of corrective and compensatory justice. It has been told that people of
a sub-human existence in conditions of utter grinding poverty which has broken their back and
backward class of society have been bearing injustice for generation to generation. Provisions
sapped their moral fiber. They have no faith in the existing social and economic system. The
of protective discrimination under the Constitution included for the benefit of these deprived
Fundamental Rights for them have no meaning unless their basic needs like foods, drinking
people. Through equal opportunity on the basis of quality the Supreme Court has tried to make
water, timely medical facilities and relief from disease and disaster are met.
a reasonable balance between distribution of benefits and distributive justice.30 In M.R. Balajivs
It is evident that the Indian judiciary in the above famous case directs the State for providing State of Mysure,31 the Supreme Court has held that for the object of compensatory justice, limit
Social Security benefits in harmony with Fundamental Rights, during certain risks of
26
Politics and Ethics of
Indian Constitution, (New Delhi: Oxford University Press, 2013) p. 181.
27
AIR 1975 SC 563
28
1 AIR 1993 SC 497
Seervai, H,M: (3rd Edition) [Link], 1984,P.1599. 29
2
S. P. Sathe, Judicial Activism in India, New Delhi: Oxford University Press (2012) p. 60.
30
Concept of Social Justice under Indian Constitution, Information available at: [Link]
com /articles/print_this_page.asp?article_id=3685.
31
INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES AIR 1963 SC 649
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of reservation should not be more than 50%. In India Shahni vs. Union of India32 full bench of The Directive Principles of State Policy are mostly concerning to social justice and Social
nine judges approved this balance between distributive justice through quality and Security like adequate means of livelihood, fair distribution of wealth, equal pay for equal work
compensatory justice. for both men and women protection against forded labour to children and women, facilities for
children to development in a healthy manner and in conditions of freedom of dignity, free legal
There are other provisions in the Constitution which ensure the concept of social justice i.e.
aid to poor, assistance in the cases of unemployment, old age sickness, disability and other
Article 39(f) expected that the state shall direct its policy towards securing that children are
cases of undeserved want, maternity relief and human conditions of work, living wages to
given opportunities and facilities to develop in a healthy manner and youth are protected
educational and economic interest and weaker sections and in particular Scheduled Castes and
against exploitation and against moral and material abandonment. 33 Under Article 41, it is
Scheduled Tribes, raising the level of nutrition and the improvement of health. The Directive
expected that the State shall make effective provision for securing the right to work, to
Principles of the State Policy of the Indian Constitution remained only as ideals and principles
education and to public assistance in case of unemployment, old age, sickness and disablement.
but not practices and they can be projected in the intellectual debates and conferences boasting
Further, Article 42 states that the state shall make provision for securing just and humane
greatness in incorporating in the Constitution. Most of the Directive Principles of the
conditions of work and for maternity relief. In Article 43 it is expected that the State shall
Constitution have not been carried weight and importance by the States and they have not tried
endeavor to secure, by suitable legislation or economic organization or in any other way, to all
to implement the principles which are included in many of the legislations. The principles are
workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring
only in the statues without proper machinery for their implementation of execution. Any law
a decent standard of life. In PUDR vs. Union of India,34 the Supreme Court has held that
without implementation is no law at all. Thus, it can be boldly and clearly said that the Directive
minimum wages must be given and not to pay minimum wages is the violation of human
Principles of State Policy have not achieved their goals or purpose for which they were included
dignity and it is also known as exploitation.
in the Constitution.
In India, courts have performed a great role to make the Social justice successful. It has given
Man needs protection in every contingency which he cannot meet with his meagre income and
a principal and dynamic shape to the concept of social justice. Social justice has been guiding
single handedness. Therefore, he required some help from the society where some common
force of the judicial pronouncements. In Sadhuram v. Pulin,35 the Supreme Court ruled that as
fund is deposited. It is the duty of society to remove inequalities and eliminate insecurities.
between two parties, if a deal is made with one party without serious detriment to the other
The importance of Social Security can be realized from its underlying socio-economic goals
Court would lean in favour of weaker section of the society. The judiciary has given practical
like redistribution of income in order to reduce disparities between the poor and he rich the
shape to social justice through allowing affirmative governmental actions are held to include
maintenance of income during certain contingencies such as death of bread winner, illness,
compensatory justice as well as distributive justice which ensure that community resources are
maternity, old age, industrial accidents or occupational disease, involuntary state of
more equitably and justly shared among all classes of citizens. The concept of social justice
unemployment etc., The inequalities were created through the use of force, power property,
has brought revolutionary change in industrial society by charging the old contractual
education, domination and exploitation. In India inequalities existed earlier also, which was
obligations. It is no more a narrow or one sided or pedantic concept. It is founded on the basic
incorrectly attributed to religion and was regarded as religious sanction. Even now after passing
ideal of socio-economic equality and its aim is to assist the removal of socio- economic
of so many years since independence the inequalities continue to exist or clearly visible in
disparities and inequalities. In J.K. Cotton Spinning and Waving Co. Ltd. V. Labour Appellate
many walks of life in spite of efforts made by the elders, leaders and Constitutional debaters,
Economic inequalities are widely compared to social and political inequalities.
32
1992 Supp. (3) SCC 217.
33
Article 39 (f) states that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against exploitation and against
moral and material abandonment.
34
AIR 1982 SC 1473.
35
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relief. Article 43 deals with living wage for workers and Article 43-A intend to secure workers Tribunal,36 the Supreme Court of India pointed out that in industrial matters doctrinaire and
participation in management of industries. Besides these, entries, 21, 22, 23, 24 and 26 of abstract notions of social justice are avoided and realistic and pragmatic notions are applied so
Concurrent list (List III) authorize the State Governments to take necessary steps for as to find a solution between the employer and the employees which is just and fair.
regulations and control of Commercial and Industrial monopolies, Trade Unions, Industrial and
Conclusion:
labour disputes, Social Security and Social Insurance, employment and unemployment, welfare
of labour etc., respectively with an intention to ensure protection of interest of all the citizens Though there is a remarkable progress in the economy, science and technology, infrastructure
of India. development but the gap between the rich and poor is widening day by day. The socially

Although these provisions are not enforceable in the Courts of law, the Supreme Court of India
Their excluded status is the product of multiple and intersecting inequalities. Though various
has declared that they are nevertheless fundamental in the governance of the country and it is
initiatives have been taken by the government to achieve the target even though some of the
the duty of the State to apply them in making laws.
targets are far from to achieve and still comprehensive programmes and policies are required
The Directive Principles of State Policy and Fundamental Rights of the Indian Constitution to achieve these targets. The constitution should be interpreted in such a manner to make it a
provide basis for many Social Security benefits. Basing on these principles and rights, few living document in order to fulfill the aspirations of the people. The judiciary has played a great
Social Security laws are passed for the benefit of poor, weaker and unorganized sections of role in updating the constitution through its positive interpretation. It is the collective effort of
society. The Preamble of the all the organs of government which lead the social justice to all the citizens. The need of hour
Constitution itself gives important aspects relating to human life such as Justice, Liberty and is to ensure the proper and balanced implementation of policies so as to make social justice an
Equality. Fundamental Rights was also included in the Constitution which guaranteed Right to effective vehicle of social progress.
Equality (Article 14) and Right against Exploitation (Article 23 and 24). A separate chapter on
Directive principles of State Policy also incorporated in the Constitution which is a unique
feature of Indian Constitution. It has embodies the fundamental principles based on social
justice concerning labour.

Under the Indian Constitution, Right to life includes all the rights that are essential to main
human life in a civilized society, such as food, clothes, house, medicine and education. The

skill with suitable minimum wages that enable him to maintain his life in a civilized society.
It is appropriate to mention here the observation of Prof. [Link] Rao in his lecture on
Goals and Values of our Constitution, that our Courts are helpless if a hungry man goes to a
Court, the Court cannot provide food and save the life because our Constitution does not
provide only provision for such help, the judge out of sympathy will have to lead the hungry
man spending from his own pocket.

36
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SOCIAL SECURITY AND THE CONSTITUTION OF INDIA partly on account of the ignorance, illiteracy and lack of unionisation of workers on the one
hand and the resource constraints of the State on the other, some of the programmes have
Written by Purnima Bhardwaj*, Dr. Manu Singh** & Kunvar Dushyant Singh*** provided a good setting through which the hopes and expectation of the workers in the
unorganised sector have been considerably aroused.
* Research Scholar, Amity School of Law Lucknow campus
In the initial years of development planning, it was believed that with the process of
** Assistant professor, Amity School of Law, Lucknow
development, more and more workers would join the organized sector and eventually get
*** Research Scholar Amity School of Law Lucknow campus covered by formal Social Security arrangements. However, experience has belied this hope.
The opening up of the economy, under the regime of economic reforms, has only exacerbated
the problem. There is now almost a stagnation of employment in the organized sector with the
INTRODUCTION resultant increase in the inflow of workers into the informal economy.

India, being a Welfare State, has taken upon itself the responsibilities of extending various The well designed Social Security system for the workers in the unorganised sector will help
benefits of Social Security and Social Assistance to its citizens. The Social Security legislations in improving productivity, contribute to the harmonious labour relations and thus to socio and
in India derive their strength and spirit from the Directive Principles of the State Policy as economic development. It will encourage and propagate the social peace by reducing the
contained in the Constitution of India. frequency of industrial conflicts, increase the willingness to work, make it easier to meet
The Constitution of India recognizes Social Security as integral part of Fundamental Rights. It delivery commitments and lead to improved quality product, a better investment climate and
requires that the State should strive to promote the welfare of the people by securing and thereby enhancing the competitiveness of the economy.
protecting, as effectively as it may, a social order in which justice social, economic and political
shall inform all the institutions of national life. The Constitution of India requires that the State
should within the limits of its economic capacity make effective provision for securing the right
CONSTITUTIONAL BASIS FOR SOCIAL SECURITY IN INDIA
to work, to education and to public assistance in case of unemployment, old age, sickness and
The Preamble of the Indian Constitution is the sole-repository of Social Security measures and
disablement.
provides for establishment of Socialist State. According to the Supreme Court of India, the
Further, the Constitution of India states that the State should make provision for securing just
principle aim of socialism is to eliminate inequality of income, status and standard of the life
and humane conditions of work and for maternity relief. It requires the State should raise the
and to provide a decent standard of life to the working people. Further, it is designed to secure
level of nutrition and the standard of living of its people and improvement of public health as
social, economic and political justice to all its citizens. These objectives can be achieved
among its primary duties.
through various Directive Principle of State Policy enumerated in Part-III of the Constitution.
The obligations cast on the State in the above to constitute Social Security.
Article 38 is a mandate to the state to secure a social order for the promotion of welfare of the
In India, out of an estimated work force of 91 percent all should be having the benefit of formal people, Article 39 provides for equal rights to adequate means of livelihood to all citizens and
Social Security protection including the workers who are in the unorganised sector. Several distribution of wealth and material resources to sub serve common good and prevention of
and successive attempts have been made in the past to address the multifarious problems faced concentration of wealth and means of production etc., Article 41 provides for right to work,
by the workers in the unorganised sector through legislative as well as programme oriented education and public assistance in certain cases such as unemployment, old age, sickness and
measures. Even though these measures have not succeeded in achieving the desired object disablement. Article 42 stands for providing just and human conditions of work and maternity

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