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Law and Social Development in India

Conference Paper · November 1999

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 Law and Social Development in India

Debi S. Saini Ph.D.

Professor––HRM Area

Institute for Integrated Learning in Management

Lodhi Institutional Area, Lodhi Road

New Delhi-110 003, INDIA

e-mail: [email protected]

IILM Website: www:iilm@edu

Paper presented at an International Dialogue on "Law and Social Development"

organized by Legislature's Commission on Social Development (Mexico) at Mexico

City from November 24-26, 1999.

1
 Law and Social Development in India

Debi S. Saini*

1. INTRODUCTION

Among the academics, development has been a concern mainly of economists; but other social sciences
including law too have shown keen concerns on various facets of development. Legal academics have,
traditionally, followed mainly doctrinal approach in their study of legal research and development.
Lately, however, one can notice the emergence of “law and society scholarship” in a fairly big way at
the global level––though law and society studies have yet to develop in much of South Asia including
India. The "black letter law" tradition interprets law as an autonomous reality. This tradition derives its
strength from the notion of "rule of law," where the existing arrangement is considered to be fair. This
tradition is more concerned with development of doctrines in a more practical way in providing service
to the day-to-day needs of those who are at the helm of affairs i.e. the administrators, judges, and also
legal practitioners.

In a plural country like India, which has enacted a large number of laws for bringing about social
change, doctrinal traditions in the study of law are not of much help. Social scientists are more
concerned with the role of law in alleviating sufferings of people and how better results can be
produced by a more efficacious use of law. They also concern themselves with the question whether
law is used as an instrument of subjugation, legitimacy of status quo, or emancipation. Often, vested
interest groups in society ask for passage of certain laws to gain legitimacy, but in effect only to see
that they merely remain on paper so as to serve their vested interests. Baxi (1982, 1988, 1995), for
example, charges the Indian state to be a saboteurs of labour laws and identifies an agenda of
production of politics for administration of labour justice (1995). Opportunistic alliances often enter
into strange collusion (of various interest groups) towards subverting projected arrangements. Scholars

*
Professor––HRM Area, Institute for Integrated Learning in Management, Lodhi Institutional Area, Lodhi Road, New
Delhi-110 003

2
on law and society, therefore, often ask: How does the law actually work? Who uses the law and who
does not? Who ultimately benefits from a law and at what cost? What forces contribute to
neutralization of legal intentions? How far does state demonstrate adherence to its projected goals in
operationalizing a law? What is the hidden agenda of law? To answer such questions, laws have to be
studied in context and often through empirical investigation.

This paper attempts to develop an overview of the role of law in social development in India. It first
identifies the role of law in development in general contemporary context and then notes a broad profile
of Indian society and the Indian legal system. The analysis of the latter aspect reveals certain
contradictions related with the projected and professed mode of development. Part four of the paper
assesses the provisions of the Indian Constitution related to social development of India and the
composite message which these provisions project. The key part of the paper is contained in section
four, which discusses the broad areas of social development through law that have received the attention
of the Indian state in the past 50 years or so. The topics included for discussion in this part include:
development of primary education as a social value; removal of untouchability; affirmative action for
Schedule Castes, Scheduled Tribes and Other Backward Classes; the issue of begar and bonded labour;
child labour abolition; labour organization; participatory local governance; and empowering women.
The discussion on these areas assesses the laws used for tackling these issues and how far they have
succeeded in putting the issues in the right perspective. Part six examines the bureaucratic and
participatory modes of development. Social action litigation (SAL) (see Baxi, 1988 who prefers the
term SAL to PIL) or public interest litigation (PIL) is a new technique which the higher judiciary in
India has adopted in its attempt to expeditiously deliver substantive justice in the past two decades or
so. Part seven analyses how this method could contribute to social development through law.

We are now in the era of globalization and WTO (World Trade Organization), the two terms which
have altered the welfare agenda of states in a big way. The penultimate part examines how global
developments in the economic sphere have affected the issues in governance as a larger social value. It
is argued that a new paradigm is emerging in the sphere of village, local and national governance.
Overall, the paper emphasizes emergence of a techno-political paradigm in public administration. This
is going to be the hallmark of social development as we enter the new millenium. The concluding part
summarizes the key points of analysis in the paper.

3
II. LAW AND SOCIAL DEVELOPMENT

One of the major involvements of the state in today's times is directing social and economic
development. This is perhaps one of the most natural expectations of citizens from those who rule over
their lives. The United Nations General Assembly acknowledges that "the right to development is an
inalienable human right." Three sets of rights have been envisaged by it: "the first generation rights"
(i.e. the individual, civil and political rights); the "second generation rights" (i.e. economic, social and
cultural rights); and the "third generation of solidarity rights" (i.e. collective rights). The UN General
Assembly Declaration on the Right to Development, adopted on 4th December, 1986 views the human
person as the centre of all development processes and development policy and also the main participant
and beneficiary of development. The Preamble to the Declaration charges the states to exercise their
primary responsibility for the creation of conditions favourable to the realization of the right to
development.

In the Declaration on Right to Development of the UN development has been defined as follows:

A comprehensive economic, social, cultural and political process, which aims at the constant
improvement of the well-being of the entire population and of all individuals on the basis of
their active, free and meaningful participation in development and in the fair distribution of
benefits resulting therefrom (emphasis added).

A perusal of this definition would reveal that it is narrow to view development only in the economic
sense or in the sense of the Gross Domestic Product (GDP). Rather economic development should be
viewed as a means to an overall conception of human development. Therefore, development has to be
looked into in the holistic context. The collective aspects of development involve participation by
people as individual, groups, and collectives in general as a way of life. How far this is provided for in
a social system is a matter that differs from country to country. The basic starting point, however, is
that social development would involve individual and collective opportunity to people "to participate in
the national development decision-making process" and "implementing and monitoring of such plans"
(Verma , 1998: 219).

In order to facilitate this notion of social development, it is important that the Government plays an
important role in creating consciousness and interest in people to effectively participate in the
4
governance process. Societies often demonstrate restlessness and signs of protest if this most natural
need of people participation is not attended to. Development would not just involve substantive
development but procedural as well. The means are as important as the ends. Thus a developmental
process which involves democratic and participatory means with a clear delineation of responsibility
and accountability will perhaps be the most desirable form of developmental model. In order to
promote such a model the state has to develop a set of conscious value choices depending or what kind
of life its people want to lead.

This would involve effecting social change by legal means or otherwise. Modernizing states have
traditionally used bureaucratic models of change, which led law and society scholars to study the "gap"
between expected and actual change. But these models made "government and bureaucracy as central
to the whole process of change" (Dhavan, 1989: lxiv). When bureaucratic indifference and delays
subvert the people's agenda of social and economic entitlements, individuals and groups rely on the
higher judicial set up to seek its activation. Thus, lately courts have been viewed as important
institutions in affecting change through techniques such as public interest litigation (PIL) or proactive
decision-making by them otherwise.

From this point of view, legal scholars can be divided into "strong instrumentalists" and "weak
instrumentalists." The former advocates more powers for people and less intervention from courts,
greater attack on legal culture and greater use of political mechanism to achieve their declared aims.
The activist jurisprudence of Justice P.N. Bhagwati and others can be said to fall in this category.
Those who take a weaker instrumentalist view of law and development seek lesser power of
government, more court intervention and greater emphasis on liberal theory of rights. They believe that
the weak should learn to identify and exploit the opportunities made available by the institutions and
processes constituted by modern law. Galanter (1989) can be said to belong to this view. Both these
variants are top-down approaches to development. These approaches focus on distributive justice for
the disadvantages. The state is supposed to create a set of institutions to redefine the notions of
redistribution of gains and entitlements. But the key question is whether state institutions can be relied
upon in effecting development. What if people want to involve themselves in the process. That would
essentially mean diluting the statist philosophy. A participatory model of development is a bottom-up
model and it believes in developing the countervailing power as opposed to state power. Though state
will continue to manufacture state law, but a participatory model expects that the law should be
facilitating and not regulating.
5
What model of social development and change a country adopts depends upon several considerations.
Modernization discourse is known to be on the low ebb in today's post-modern world. Therefore, each
country is looking for its own solution, even as globalization agenda is leading to a convergence thesis
in several spheres i.e. solutions are also likely to be similar for similar problems occurring in different
countries. Surely, however, one can learn immensely from appreciation of cross-cultural arrangements
so as to devise suitable adjustment on the basis of others' experience.

III. ELEMENTS OF INDIAN SOCIETY AND LAW

India is a large country divided into 26 states and 6 union territories. Linguistically speaking, it has a
variety of languages, dialects, and cultures. In a way, it can be said to be a cluster of nations. The
cultural diversity is the hallmark of Indian society. More than 85 percent population consists of Hindus.
Other major religions practiced are Islam, Christianity and Sikhism. Interestingly, in the plural Indian
society there are strong feelings of regionalism and casteism. The former is not necessarily harmful,
but the latter has always been a major cause of concern.

Hindu Indian society is divided into four broad varnas: brahmins, kshatriyas, vaishyas, and shudras.
Especially the first two are known to be the upper castes, the third as intermediate caste, and the shudras
as lower castes. Shudras are further divided into close to 4000 castes. Out of these are dalits which are
also known as Scheduled Castes (A classification by the Indian Constitution for proactive state action).
Most of the Scheduled Castes (SCs) have traditionally been the victims of the practice of untouchability
by the upper castes as also the remaining castes in the shudra varna. This kind of dichotomization led
to utterly inhuman treatment which SCs have been undergoing. In fact, a good number of social
development problems in India relate to the caste categorization of the Indian society. They are the
issues related to abolition of untouchabilty, bonded labour, positive discrimination in favour of SCs/STs
and other backward classes, political reservations for deprived caste groups, issues in primary
education, hegemonic local governance by upper castes, etc..

Another issue requires attention. The model of development that we followed has resulted in
emergence of distrinct economic groups. It is estimated that about 150 to 200 million out of 950
million people in all are a powerful middle class: the poor, the wretched, dalits belong to the latter.
The young generation belonging to the former coming out of English-medium schools lacks
bilingualism. The young generation belonging to the other class is either illiterate or has studied in
6
government schools, thus continuing to remain monolingual. The elite group (former) does not
understand the needs and problems of the latter; unemployment, low-paid jobs continue to haunt the
latter group in its search for a cross-over to the former. This has affected the social fabric of Indian
society. The problem of social development has to deal with this issue squarely.

The Indian Constitution which came into operation from 26 January 1950 commands law for production
of politics and a programme of action for empowering the poorer and disempowered sections including
unorganized labour, women, children, scheduled castes, and OBCs. It promises to build a just and
egalitarian social order so as to create a sense of belonging in the poor, the wretched, dalits.
Enlightened society based on the cherished goals of the Constitution, which includes administering
social, political and economic justice. This requires asking where power lies (Kjonstad and Wilson,
1997). When the institutions created by the Constitution fail to work as per the projected intentions, it
leads to privatization of certain portions of the state whereby dominant power groups subvert the social
values implied in the societal fabric. It is these power groups which often buy the autonomy of various
state institutions for their personal ends and create situations of crisis of governance. The relevant
question to ask is whether this reflects a problem of the system or individual and group attitudes, and
how far law can be used to turnaround the situation. In fact, this is an egg-and-chicken situation where
one affects the other. In a plural society dominated by some, it is necessary that people in general are
involved in state processes so as to tackle the problem of alienation. Among others, this requires an
efficient working of the legal system.

The Indian legal system has multiple sources: legislative, judicial, quasi-judicial, customary, secular,
religious. It has behind it centuries of juristic thought, which is reflected in the rules of family law.
Some rules have come from middle ages. The great task of nation-building undertaken in the post-
independence India has had tremendous impact both on the structuring and functioning of the Indian
legal system. Most of the laws in the area which affect the primary aspects of people lives have been
enacted by the centre, thus providing a uniformity in legal rules throughout. The regional variations in
others have come about due to legislative action of the respective states.

Some of the salient features of the Indian legal system include: guaranteeing certain fundamental
freedoms and directives to the state by the Constitution as per Chapter IV, which permeates the entire
Indian law; centre and states sharing the legislative power as per the Seventh Schedule of the
Constitution; existence of comprehensive codes on several aspects of law; adversarial rather than
7
inquisitorial legal procedures; and rule of law. Also, Indian law recognizes precedent as an important
source of law unlike the civil law system which does not recognize the binding nature of case law.

Law Commission of India plays an important role in lawmaking. It is a non-statutory advisory body,
which was created in 1955 to recommend to the Central Government need for reform in various laws,
especially those which directly affect the general public. A large number of reports have been
submitted by it to the government for necessary action. Many of these reports are cited in court
judgements by the higher judiciary even though they have no legislative force. The reports also
influence academic opinion.

In the following section I will discuss the legal framework of social development in India through an
analysis of the constitutional provisions and the policy implementation of the Government of India in
relation to various measures that it has taken in this regard.

IV. INDIAN CONSTITUTION AND NOTIONS OF SOCIAL DEVELOPMENT

The Constitution of India, envisages an egalitarian conception of development. It establishes India as a

secular (later socialist as well) federal republic with parliamentary form of government. It is based on
the British model, providing for a strong centre. It contemplates very strong central and State
legislatures. It also establishes the broad structure of the Indian judiciary led at the apex level by the
Supreme Court of India as a court of final appeal in all cases. Each state has a high court under whose
supervision and control the subordinate judiciary in the state functions.

The key values and model of socio-economic development are laid down in Chapters III and IV of the
Constitution, which are titled the Fundamental Rights, and the Directive Principles of State Policy
respectively. All government regulations and laws in every part of India must conform to the
Fundamental Rights, which are enforceable in a court of law. Some of the important rights contained in
Part III include: right to equality (Art. 14); prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth (Art. 15); equality of opportunity in matters of public employment (Art. 16);
abolition of untouchability (Art. 17); protection of certain rights relating to association, assembly, trade,
profession, etc. (Art. 19); prohibition of traffic in human beings and forced labour (Art. 23); prohibition
8
of employment of children in factories, etc. (Art. 24); freedom of religion (Art 25); protection of interest
of minorities (Art 29); remedies for enforcement of rights conferred by Part III (Art. 32).

Part IV of the Constitution is titled, the Directive Principles of State Policy. These principles
contain directions to the state to operationalize a scheme of social justice and upliftment of the
downtrodden guided by the basic postulates of proactive state action. The Directive principles are
considered to be the "soul of the Constitution (Dhavan 1989: xxii). Some of the more important
provisions of this part from the viewpoint of social development are: duty of state to secure a social
order for the promotion of welfare of the people (Art. 38); state to follow certain principles of policy
(Art. 39); equal justice and free legal aid (Art. 39-A); organization of village panchayats (Art. 40); right
to work, to education and to public assistance in certain cases (Art. 41); provision of just and humane
conditions of work and maternity relief (Art. 42); living wage, etc. for workers (Art. 43); participation
of workers in compulsory education of children below 14 years of age (Art. 45); promotion of
educational and economic interests of Scheduled Castes (SC) and Scheduled Tribes (ST) and other
weaker sections (Art. 46). The Directive Principles serve as a guide to the legislatures, but are non-
justiciable. This chapter imbibes certain key values which are to be rooted in "the reconstruction of
Indian society and government along the lines of a modern welfare state" (Galanter, 1989:29).

In fact, it is not wrong to say that chapters III and IV of the Constitution define the key value
premises of economic and social development of India. This is done through a centrifugal immersion of
social values into the diverse Indian society, which traditionally has been medieval, feudal, caste-ridden
and status-ridden. Taking cue from chapters III and especially IV, both Parliament (the central
legislature) and state assemblies (state legislature) have enacted a flood of legislation aimed at
economic and social development in their respective jurisdictions. This in effect has extended
governmental regulation to variegated spheres of life, which was earlier not subjected to any regulation
or control. Much of the social legislation discussed in the subsequent parts has been enacted on the
basis of principles enunciated or duties entrusted to the state by these two chapters of the Constitution.
This model envisages effective use of law by the weak and unrepresented. It lays down the socio-
economic transformational potential of law.

Especially chapter IV of the Constitution envisages law to re-design social arrangements so as to

bring certain socio-economic practices as per the well-accepted human rights or basic postulations of a
modern welfare state. Even the Indian judiciary has drawn tremendous strength from this chapter in its
9
crusade against executive lawlessness and inertia by liberally interpreting the provisions of this chapter.
These principles set forth the humanitarian socialist precepts that were and are the aims of the Indian
social revolution (Austin, 1976:51), where social and economic justice is made available to all.

The chapter on fundamental rights does not confer any positive duty on the state to create any socio-
economic conditions for enjoying the fundamental rights. These rights have no meaning for a person
who is powerless, poor, untouchable, weak, sick, ignorant and illiterate. The Constitution makers were
aware that the state would have to undertake massive transformational programmes to cater to the above
needs of the poor and the deprived and also that it could be done quite gradually, given the poor
resources with the state. Therefore, they made these directives non-enforceable but they are
nevertheless presumed to be fundamental in the governance of India. The huge agenda of social
development as laid down in the Constitution involved bold decisions on the part of the Indian state in a
society, which valued purity and pollution dichotomy through the practice of untouchability and whose
indigenous traditions had been considerably influenced by the liberal values of the West through the
rule by Britishers.

V. KEY AREA OF SOCIAL DEVELOPMENT IN INDIA: FRAMEWORK AND

WORKING

When one talks of social development in the Indian context, one is reminded of prevalence of evils,
among others, such as slavery, bonded labour, untouchability, deprivation of childhood to working
children, illiteracy, women subordination. All these problems arise because of the presence of acutely
hegemonic groups in our society where people exploit others due to their superior power of money,
muscle power, rank or position, etc. The prevalence of these reflect the widerspread absence of equality
in society. Social development would mean empowering the downtrodden to levels whereby they can
stand up by their own bootstraps raising.

The right to development as crystallised as a separate right through UN General Assembly

Declaration on the Right to Development, which was adopted on December 4, 1986 recognizes that the
human person is the central subject of the development process and the development policy should
make the human being the main participant and beneficiary of development. It is not possible to realize
these unless a framework creating a level-playing floor is developed whereby favourable conditions are
created for the realization of the right to development.
10
Emphasizing the need for developing social framework for realizing human dignity Seton Pollock
observes:
"The task is to meet and master those frustrations that diminish man in his humanity and
obstruct the realization of his freedom and fulfillment within the human society. Those
frustrations stem from ignorance, poverty, pain, disease and conflicts of interest both within the
person (the field of psychological medicine) and between persons (the territory of the law).
These manifold and interacting frustrations cannot be met by any one discipline but only by
coordinate attack upon the problem through enlightened political and administrative initiatives
and by educational, medical, psychological and legal remedies" (quoted in Krishna Iyer,
1995:149).

In the sections to follow, I will discuss some major areas of social developments which require to be
focused upon.

1. Primary-Education: A Sine Qua Non of all Development

Any exercise in empowerment of weaker sections is bound to be ineffective unless the prospective
beneficiaries are literate and can appreciate the framework of empowerment to which they are being
subjected. World over, state and local governments have a primary duty to provide for basic education
to children. Imparting training and developing skills without imparting education becomes a tougher
task. Education provides the basic foundation for good citizenship, and is a primary vehicle for
imparting cultural values in children, and making them adjust to the fast-changing environment around
them. Noted economist of Indian origin, Professor Amartya Sen rightly argues that social rate of return
from investment in education especially basic and primary education compares favourably with
investment in physical assets and that increase in physical capital-formation by itself cannot ensure
rapid economic growth.

Article 26 of the Universal Declaration of Human Rights has recognized education as a basic
human right. It also envisages primary education to be free and compulsory. Article 45 of the Indian
Constitution which contains such a promise to the people reads:

11
"The State shall endeavour to provide, within a period of ten years from the commencement of this
Constitution, for free and compulsory education for all children until they complete the age of fourteen
years."

Article 46 of the Indian Constitution obliges the state to promote with special care the educational
and economic interests of the weaker sections of the people and in particular those belonging to the
Scheduled Castes and Scheduled Tribes (SC/ST). The Supreme Court of India has held in the case of
Mohini Jain v. State of Karnataka (AIR 1992 SC 1858) that "Right to life is the compendium
expression for all those rights which the court must enforce because they are basic to the dignified
enjoyment of life…. The right to education flows directly from the right to life." Later in Unni Krishnan
v. State of A.P. [(1993) 1 SCC 645] the majority judges held the right to education as a fundamental
right.

The National Education Policy (1986) projected that the promise of Article 45 would be redeemed
by the year 2000. It also promised that six percent of the Gross Domestic Product (GDP) would be
earmarked for the education sector by the year 2000 A.D. In the budget of the Central Government for
1998-99, the allocation of education has gone up from Rs. 4,716 crores to 7,047 crores. The Minister
for Human Resource Development (HRD) moved a bill in the Rajya Sabha (upper house of Parliament)
for making the right to education a fundamental right in October 1997, which is still pending.
According to a 1991 survey the national literacy rate for the population aged seven years and above has
increased from 43.56 percent in 1981 to 52.21 percent in 1991. The estimated rate in 1998 was 64
percent. Presently, we have 4,000 million illiterates, which is more than 50 percent of world illiterate
population. Growth rate in literacy in 1980s was 1 percent, which rose to about 2 percent in 1990s. A
very serious problem in compulsory primary education is high rate of drop outs. Drop out rates
between class I and IV is over 36 percent, and between class VI and VIII is 56 percent; but unofficial
figures are higher. Highly literate states in India as per 1991 census are Kerala (89.81 percent) and
Mizoram (82.27 percent). Later Kerala claimed to have attained 100 percent literacy. This is also
believed to be the most socially developed state in India.

Keeping in view the high drop-out rates, the focus in elementary education has shifted from
enrolment per se to retention and achievement. The programme lays down competencies to be mastered
by all children in the country at a particular grade and aims at upgrading the quality of education. A
national programme of nutritional support to primary education commonly called the Midday Meal
12
Scheme was launched by the government on 15 August 1995. This scheme is aimed at improving
enrolment, attendance and retention as also upgrading the nutritional status of students in primary
classes. Under the scheme students studying in classes I to V in all primary schools run by government
and local bodies are provided cooked/processed food. It envisages central assistance for reimbursing
the cost of food grains. Provision has also been made for special assistance for education of women
education, SC/ST candidates, minorities, and adults.

An assessment of the working of the various state and central schemes for enhancing the
effectiveness of the programme of primary education would reveal a disappointing scenario. The
present exercise mainly rests on bureaucratic planning and involvement. In order to be effective, there
needs to be a massive programme of social audit with the help of activists and NGOs. Community
participation also needs to be encouraged to check bureaucratic indifference and inertia. This will also
check acute bureaucratic discrimination to schools especially those which are remote from the power
centres. Also, there is known to be corruption in matters related to selection of teachers. The rest of the
country needs to learn from the experience of Kerala. Some of the other challenges in this regard are:
making primary education more interesting, improving the quality of teachers and the infrastructure,
and providing curriculum based on needs of the area.

2. Untouchability

India is a caste-ridden society. The varna system divides hindus into four broad classifications:
brahmins, kshtriyas, vaishyas, and shudras. More than 4000 Hindu castes exists which can be classified
into one or the other of these varnas. The last category i.e. shudras consists of those who work
manually, usually for the higher castes. Out of the shudras some castes have been treated for centuries
as untouchables. These include mainly the scavengers, sweepers, skin-flayers, apart from several other
categories of untouchables. In the Constitution of India the untouchables have been referred to as the
scheduled castes (SC). They are the most unfortunate social categories in the Hindu caste hierarchy.
They are scattered throughout India. They have been exploited economically and oppressed socially by
other castes including the higher category of shudras. In an enlightened, society practicing of
untouchability towards any castes or groups of people is highly condemnable. Various social reformers
have expressed concerns about abolishing such practices. Despite these, untouchability still survives,
more so in rural India, but its incidence in urban areas is also fairly high at certain subtle levels.

13
 Scheduled castes mostly live in rural India. They are usually landless and bonded labourers with the
landed aristocracy or other category of farmers; or they work in factories or small skill industries. The
incidence of illiteracy in them is appalling. In some cases the rate of illiteracy is as high as 95 percent
of the scheduled caste population. The population of scheduled castes in India is around 15 percent of
the total. As per the 1991 census it was 16.8 percent. While the Constitution was being debated in the
Constituent Assembly, Dr. B.R. Ambedkar, an untouchable himself and a renowned jurist who was
also a member of the Constituent Assembly, showed tremendous concern for evolving positive legal
and social instrumentalities towards abolishing untouchability. He made notable contribution in
espousing social consciousness against this deep-rooted social evil.

Article 17 of the Constitution declares that untouchability in any and every form has been abolished,
and cannot be practiced in any part of the country. Its practice is punishable by law. The Constitution
makers were aware that to uplift the untouchable it would be necessary to provide for a kind of a
positive discrimination in their favour which I will discuss in the next section. Such discriminatory
reservations have been made in favour of the scheduled castes and others. Article 341 (1) of the
Constitution authorizes the President of India to specify, after consultation with various castes, races or
tribes or groups belong to the scheduled castes, as to which castes can be included in this category. A
list was issued in the year 1950 which has been amended several times. As per the Constitution only a
Hindu can be put in the scheduled castes. Social criteria is used in such a selection. The factors
considered for this purpose are: exclusion from entry into hindu temples; exclusion from the services of
clean brahmins; exclusion from the services of the same barber/tailor as is used by higher caste;
inability to give water to higher caste; limited access to public facilities such as wells, schools and
roads.

The caste system in India has implied a consistent denial of equality before law. However, the
practice of untouchability is the worst category of unequal treatment to humans that one can think of.
The caste system survived despite: introduction of rule of law, urbanization, industrialization, spread of
mass education, and constitutional commitment to egalitarian social order, and despite challenges
thrown to it by newer sects of Hinduism like Buddism, Jainism, and Sikhism. And this is despite the
crusades of reformers like Mahatma Gandhi, B.R. Ambedkar, Jawaharlal Nehru, and reformation
movements such as Brahmo Samaj, Arya Samaj, and Ram Krishna Mission. It is also intriguing to
note that democracy mass mobilization and adult franchise have given new base of life to the
institution of caste.
14
 Taking cue from the central spirit of Article 17 of the Constitution the independent India enacted
Untouchability Offences Act (UOA) in 1955. This piece of legislation outlaws untouchability directly
or indirectly, even as it has not attempted to define untouchability. It also makes its practice punishable.
The working of this Act was reviewed in 1972 and various limitations were discovered. The Act
renamed the UOA as Protection of Civil Rights Act (CRA) in the year 1976.
The key Provisions of CRA are as follows: It forbids enforcement of disability on the ground of
untouchability against any person with regard to access to any river, well, bathing ghat, etc. Earlier the
Act was concerned at prohibitions imposed on untouchables in relation to public places. Now, it also
includes privately owned places of worship allowed by owner for public worship. Many new
behaviours have been included: discrimination in jobs and employment, disability in participation in
cultural, or in hostels, residences. It forbids direct or indirect preaching of untouchability or its
justification on historical, philosophical or religious grounds. Also is prohibited compelling any person
to do scavenging, flaying of animals, etc.

Offences under CRA are cognizable and non-compoundable. It provides for summary trial in cases
of offences where punishment does not exceed 3 months. Both fines and punishments are provided for.
If a public servants shows wilful negligence in investigation of a case, he is deemed to have abetted it
and is liable to be punished accordingly. The law also provides for adequate facilities to persons
subjected to untouchability.

The state is obliged to take special measures in case of civil rights accruing from untouchability.
They include: provision for legal aid; appointment of officer for exercising supervision over
prosecution, setting up of special courts and special committees to assist state governments in
formulating and implementing various measures. The Act obliges the Central Government to
coordinate measures taken by state governments in administering the law. At the centre, the
Government has recently created a Ministry of Empowerment and Justice to deal with issues such as
reservations, untouchability and others.

About a decade back the government realized that the atrocities on the scheduled castes were rising
phenomenally. This was more so due to a greater degree of assertion of their rights by the
untouchables which has resulted from the awareness created by empowerment. Therefore, to deal with
this situation a new law was enacted so as to provide for more stringent punishment for such practices.
15
It was titled The Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act 1989. The Act
confers civil rights on SC/ST and seeks to prevent atrocities on them. CRA does not define
untouchability, but the SC/ST Act defines atrocities. It is amazing that SC/ST are still subjected to
various offences, indignities, humiliations by the upper castes and other castes from shudras. This
includes brutal incidents of deprivation of life and property. More atrocities are perpetrated on them
when SC/ST resist untouchability; try to preserve their self respect or honour of their women; or
become irritants for the dominant and the mighty. The Hallmark of this law is its concepualization of
the term atrocity through its definition and introduction of stingent measures for committing atrocities.

The law also makes provision for punishing to a public servant (non-SC/ST) who wilfully neglects
his duties under the Act. The minimum punishment is 6 months imprisonment which can go upto one
year. In fact, one of the key reasons for perpetuation of untouchability is its suletle approval by the very
officials belonging to the higher castes who have been assigned the task of enforcing this law. The Act
provides for removal by special court of any person likely to commit offence under the Act from a
scheduled or tribal area under Art. 244 of Constitution to an area beyond its limits. The court can
however modify its order. This law also envisages creation of a special court to be appointed by state
government for each district to try offences. The Administrative machinery (District Magistrate, Sub
Divisional Magistrate, Executive Magistrate, etc.) can take preventive action when as offence under the
act is likely to be committed. The Probation of Offenders Act does not apply to an accused under the
Act. This shows legislature importance attributed to this law. The new law defines atrocities in section
3 which are given in table 1.

Working of the Untouchability Prevention Law (CRA & SC/ST Act):

A review of the working of these two laws reveals that they have being responsible for arousing a good
amount of consciousness about their rights in the untouchables. This is reflected in the election results
of Parliament and state assemblies. The emergence of the Bahujan Samaj party, a party mainly of SCs
but also of backward castes, as a fairly powerful force in nearly all states is an important point to be
noted in this regard. This party has increased its strength to more than ten members of Parliament in
the recent elections. From their point of view, it reflects a salutary effect of law and policy for the
upliftment of the Scheduled Castes.

16
 However, it is discouraging to note that these laws have not substantially eradicated the inhuman
and barbaric practices such as untouchability. It is amazing to know that even after 45 years of working
of CRA, few states have set up special courts. No efforts have been made to appoint officers to
supervise the prosecutions under CRA. Lack of activist legal service organization is also noticeable.
Periodic surveys and studies are not conducted. Despite the presence of law, various violations
continue: access to wells, temples is still not realized. There are cases where separate water facilities
are provided by the state government to untouchables. Also, there is a problem of discrimination inter-
se among the untouchables. In the short-run, however, law can act as a deterrent. But courts' have a
tendency to impose only minor punishments, which dilutes the efficacy of this law. In actuality, the
liberation of SC/STs can come about by linking it with freedom from economic bondage to the top
peasantry. There is a need for creating more work opportunities for the untouchables. This will require
revolutionary efforts towards changing the whole set of exploitative societal practices. Law can play
only a limited role in this regard. It should be admitted that we really have the most stringent possible
laws on these subject. The ultimate goal has to be changing the attitude of society in general, and
especially of those who are prejudiced against the untouchables.

3. Removing Social Stigma through Reservations for SC/ST Candidates

The evil practices related to untouchability also extend in a strange way to the economic plight of the
untouchables. Due to their low literacy and discrimination against them by high-cast officers
employers, they do not have much access to the job market. Also, if they get education, they find it
very difficult to compete with the candidates from the higher castes especially for more-sought-after
jobs in government and public sector undertakings. Similar is the situation about admission to
educational institutions. The higher castes which have only about 10 percent the countries population
occupy most jobs in these sectors.

The Constitution makers were aware of such susceptibility in the position of members belonging to
scheduled castes (SCs) and Scheduled Tribes (STs). Article 15 of the Constitution prohibits
discrimination on grounds of religion, race, caste, sex or place of birth. However, Artcile 15 (3)
exempts women and children from this provision, and Article 15 (4) provides that special provisions
can be made for SC/STs and OBCs in relation to job reservations. Article 16 envisages equality of
opportunity in public employment. Article 46 talks about promotion of educational and economic
17
interests of weaker sections especially SC/STs and protecting them against social injustice and all
forms of exploitation. Article 29 (2) provides that no citizen is to be denied admission in educational
institutions maintained or aided by the state on grounds only of religion, race, caste, language. But
reservations can be made for all persons belonging to SCs (15 percent) in government jobs and
promotions. No means test has been provided for this purpose. Reservation for admission to
educational institutions are also provided in institutions run both by the Central as well as the state
governments. Article 366 (25) of the Constitution provides the meaning of the term Scheduled Tribe
(ST). It means such tribes…as are deemed under Article 342 to be ST for the purpose of Constitution."
Art. 342 confers powers on President to list STs in various states. These tribes have traditionally based
their lives on extremely primitive methods of living and earning of livelihood. Most of them are related
to the forest life. This category of population also needs special protection through reservations in
government jobs. They have been provided 7.5 percent seat reservations in government jobs and
educational institutions. Usually, the official thinking puts the interest of SCs and STs together. The
government has been providing special assistance to candidates belonging to SC/STs by allowing them
preferential treatment for admission to educational institutions, including in IITs, IIMs, RECs, central
universities. Remedial/special coaching is also provided for SC/ST candidates. There is also provision
for junior research fellows (JRF), and teacher fellowships by the UGC exclusively for them.
Instructions to states/district are also provided to give priority in opening schools, adult education
centres, implementation of operation black board, etc. in areas where SC/STs are concentrated. Special
care is taken in the matter of preparation of textbooks in tribal languages through The National Council
of Educational Research and Training (NCERT). Free textbooks, uniforms, transportation are given to
economically backward members of SC/STs. Union territories Primary Education Programme (DPEP)
aims at opening more primary and upper primary schools in SC/ST habitations.

4. Positive Discrimination Favouring Other Backward Classes

As discussed earlier, the varna system of Hindu India gives lowest status to the shudras who mostly do
manual work including that of artisans, carpenters, washermen, flowerpickers, etc. Barring SC/STs, the
remaining castes among the shudras are not treated as untouchables but have suffered from serious
problems of social and economic deprivation. It is estimated that there are about 4000 sub-castes in the
shudras community which are educationally and socially backward. They have never enjoyed a
respectable status among the other three varnas. The population of these castes is about 52 percent of
the total Indian population. Article 15(4) of the Constitution provides that the state shall make
18
Table 1: Atrocities under SC/ST Act Sec. 3
(All these apply to member of SC/ST)

 Forces a member to eat/drink an inedible substance

 Forcibly making member naked and parade him or with painted face, derogatory to human
dignity

 Wrongfully occupies/cultivates land of member or get land allotted to him transferred

 Wrongfully dispossesses a member from his land or premises or water

 Compels or entices a member to do begar or bonded labour

 Intimidates a member to vote for a particular candidate

 institutes false, malicious or vexatious suit/ proceeding against a member

 Intentionally insults or intimidates a member in any place within public view

 Assaults or uses force to any woman member or to dishonour her

 Dominates the will of a woman member and uses that position to exploit her sexually to
which she would not have otherwise agreed
 Corrupts or fouls water used by members
 Forces or causes a member to leave his house or village
Punishment: 6 months to 5 years
Punishment: also for false evidence against SC/ST member or committing mischief to damage
any property of member: 6 months to 7 years

19
.
provision for advancement of any socially and educationally backward classes or SC/STs. Article
16(4) provides that State can make reservations of appointments or posts in favour of "any backward
class" of citizens which in the opinion of the state is not adequately represented. Article 46 provides
that the State shall promote with special care, the educational and economic interests of weaker sections
and especially SC/STs.

Even though the Constitution provided for special treatment to these castes for the purpose of giving
them job reservations, the subject of identifying as to who should be included in the category of other
backward classes (OBC) always remained controversial. One after the other, commissions have been
appointed to resolve this matter but not much solution came out. The Janata Party Government
appointed the Mandal Commission which submitted its report in 1980 and suggested ways and means to
put into operation this spirit of Article 15 (4) of the Constitution. It found that OBCs can be Hindus and
non-Hindus both. Such castes/occupations were found to be numbering about 3743. The commission
conducted a survey covering 405 out of 407 districts of India. It evolved 11 indicators and divided
them into three groups to determine the criteria of backwardness. These three groups are social,
educational, and economic. The commission gave larger weight to social indicators, and minimum to
economic indicators. On the basis of its study, the Mandal Commission (MC) recommended 27 percent
reservations for OBCs in government jobs. It treated caste as class on the belief that there is a class
linkage between a person's caste ranking his or her social, educational, and economic status.

Following the judgment of the Supreme Court in the famous case of Indra Sawhney v. Union of India
(1992 Supp 3 SCC 217), the government provided 27 percent reservations in government jobs for
OBCs. The findings of the Indira Sawhney judgement are given in Table 2.

It is believed that reservation for OBCs is a revolutionary step in uplifting the status of these
communities in the caste-ridden India. The former Prime Minister V.P. Singh who took the courageous
step of implementing the Mandal Commission has become a hero amongst these classes. In the post-
Mandal India, OBCs are showing a remarkable comeback in the social mainstream. After this historic
step, OBCs have united themselves considerably. They have become subjects of observation and
study by nearly all political parties including the two major parties, the Indian National Congress and
the Bhartiya Janata Party, which have been dominated by mainly the high castes. In the post-Mandal
India major political parties are competing to project one or the other OBC candidate for the Chief
20
Ministership in various states. This is one case where a legal action has led to a conspicuous
redefinition of social relations.

5. Free me From Bondage: The Bonded Labour Abolition Law

In a poor country like India where poverty and unemployment are acute, labourers are likely to offer
themselves for wage employment at very low wages. There have been several cases where these

21
Table 2: OBCs as per the Judgement of Indra Sawhney v. Union of India
[1992 Supp (3) SCC 217]

 A caste can and often is a social class in India––Among non-Hindus there are several
occupational groups, sects and denominations which are socially backward

 A criteria has to be applied for determining the backwardness in case of castes and
occupational groups

 Creamy layer can be, and must be excluded

 OBCs are not on same pedestal as SC/ST

 Adequacy of representation of a particular class in the services under the state is a

matter of subjective satisfaction of the appropriate government

 A backward class of citizens cannot be identified only and exclusively with reference
to economic criteria

 It is permissible for the Government to identify a backward class of citizens on the

basis of occupation-cum-income criteria, without reference to caste

 Citizens can be classified into backward and more backward categories

 The reservation of 10 percent of the posts in favour of other economically backward

sections not covered under the existing schemes of reservations, is not valid

22
The Constitution of India through Article 23 abolished the bonded labour system throughout the length
and bredth of the country. But the problem still prevailed. Therefore, the Bonded Labour System
(Abolition) Act was enacted in 1976. The Act also aims to prevent economic and physical exploitation
of weaker sections of society. The Act is an extension of Article 23 of the Constitution.

A bonded labourer is defined as one who incurs, or has, or is presumed to have incurred, a bonded debt.
The Act prohibits any advance to a worker (under the Act) and prohibits to compel any person to render
bonded labour. It declares any custom of bonded labour in a family void, abolishes liability to pay
bonded debt, and frees any attachment of the bonded labourer. The District Magistrate (DM) has been
obliged to promote welfare of freed bonded labourers and protect their economic interests. The
purpose of the vigilance committees are as follows:

1. Advise the District Magistrate in matters of implementation

2. To provide economic and social rehabilitation to freed labourers

3. To coordinate functions of rural banks and cooperatives in providing credit to bonded labour

4. To keep an eye on the number of offences acted upon in area

5. Survey if there is any offence of which cognizance should be taken

6. Defend a suit against a bonded labourer/family for recovery of bonded debt

A unique feature of this law is a break from a purely bureaucratic administration of this Act. Rather it
involves the people concerned in this regard through the institution of vigilance committees for various
Districts & Sub-Divisions. The Vigilance Committee consists of the District Magistrate or his
nominee as the chairman, 3 persons belonging to SC/STs and residing in the district to be nominated by
the DM; 2 social workers, who are resident in the district and nominated by the DM; upto 3 persons to
represent agency connected with rural development to be nominated by the state government; and 1
person nominated for credit institutions by the DM. Somewhat similar structure is also provided for
the Vigilance Committee for a sub division.

23
The law makes offences under the Act as cognizable and bailable. The penalty for compelling bonded
labourer to provide the bonded labour is 3 years' imprisonment and a fine of Rs. 2000. For advancing a
bonded debt, the imprisonment prescribed is of 3 years and a fine of Rs. 2000. The offence is
cognizable and bailable.

The Central Government claims that nearly all bonded labourers have been freed and rehabilitated.
Several cases have come before the Supreme Court where the resort to the bonded labour system has
been alleged. In most cases, the Supreme Court directed the government to ensure compliance of the
law and also release funds for the rehabilitation of bonded labourers. However, rehabilitation has
always been found to be a very complex issue and the assistance from government in this regard as
always inadequate. Nevertheless. the Supreme Court has read in the Act a scheme of rehabilitation. A
survey of bonded labour was held for 12 states: Andhra Pradesh, Bihar, Gujarat, Haryana, Karnataka,
M.P., Maharashtra, Orissa, Rajasthan, Tamil Nadu, U.P., which was completed on December 31, 1996.
The survey identified 28000 bonded labourers and all were rehabilitated. We may look into Table 4
which shows the number of bonded labourers identified, released and rehabilitated as on 31 March,
1989. It shows a high incidence of bonded labour in these 12 states. Interestingly, it also shows a very
high rate of rehabilitation. This gives a very encouraging picture of the working of this law. If one
looks at some of the recent annual reports of the Ministry of Labour, Government of India, one will find
very little number of cases of discovery of bonded labourers which goes to show that the incidence of
bonded labour in India has considerably diluted.

6. Return My Childhood: Towards Tackling Child Labour Problem

No enlightened society can allow its children to be subjected to work at a tender age. Childhood is
believed to be one of the most beautiful and happiest periods of life. One feels always nostalgic to
remember one's childhood. This is so even with the poor people. Childhood protection is the key
aspect of social development. In a land of poverty such as India were about 36 percent people live
below poverty line, the incidence of child labour is likely to be high. It is so in case of Mexcio as well.
As per 1981 census the number of child labourers was 13 million, which came down to 11 million as
per the 1991 census. It is estimated that about 80 percent child labourers in India are from SC/STs and
mostly live below the poverty line. This problem is one of the key social problems for a country like
India which has made tremendous progress since independence on nearly all fronts including social
developments.
24
Table 4: States showing Number of Bonded Labourers Identified, Released, and
Rehabilitated as on 31 March, 1989
_______________________________________________________________________________
State No. of Bonded Labourers
Identified Rehabilitated
_______________________________________________________________________________

A.P. 33,954 24,262

Bihar 12,388 11,270

Gujarat 64 64

Haryana 477 21

Karnataka 62,689 50,768

Kerala 823 823

M.P. 10,895 7,554

Maharashtra 1,331 951

Orissa 48,750 44,751

Rajesthan 7,127 7,037

Tamil Nadu 37,965 36,536

U.P. 26,155 26,054

_________ __________
Total 2,42,618 2,10,091
======== =========

Source: Annual Report, Ministry of Labour (1989-90) Vol. I., Government of India.

25
The framers of the Constitution conferred a fundamental right on children to the effect that they will not
to be required to work in factories or hazardous occupations. Article 24 was included in the
Constitution to this effect. The Supreme Court has taken the provisions of these articles extremely
seriously, and has provided that this Article is enforceable not just against government and collectives
but even against individuals.1 Article 45 of the Constitution should be read along with Article 24. The
former makes primary education compulsory and free for all children till they complete the age of 14
years. It was thought that India would be able to achieve 100 percent target in primary education for
children in a period of about 10 years. But even after 50 years of independence we have attained a
literacy rate of close to only about 60 percent. Of course, ambitious schemes of compulsory primary
education are being followed by the state, but still we have miles to go in this regard. Article 39
provides certain principles of policy to be followed by the states. This includes that health and strength
of workers including children is not abused and children are given facilities for developing in healthy
manner with freedom and dignity. A child labour programme should aim to convert working children
into productive and participative members of the society, and providing education is the key weapon to
realize the goal.

Even as the best friends of children were waiting for compulsory primary education to become a reality,
the Government of India in 1986 enacted the Child Labour (Prohibition and Regulation) Act, which in a
way considerably harmed the child labour abolition agenda. Rather, it accepted the legitimacy of child
labour by providing for its regulation in most cases and its abolition in only some. The Act regulates
the employment of children who are below 14 years where they are permitted to work under this law.
Interestingly, serious penalties have been envisaged for violation.

Some of the salient features of this Act are as follows: Child is defined as a person who is below 14
years of age. The Act does not ban child labour in family (i.e. parents, children, brother, sister). Thus
child labour is present in matches units manufacturing carpets, glass, bidi fire works, among others. A
list of hazardous occupations is appended to the Act, which includes industries involved in buildings
and constructions, toxic metals, among others. The Act provides for a Technical Advisory Committee
to define hazardous occupations and processes for addition of occupations and processes to the schedule
(Chairman + 10 members to be nominated by the Central Government). It can constitute one or more
sub-committees. It provides stringent punishment for violation i.e. Rs. 10,000 to 20,000 fine or 3 years
imprisonment. The main provisions of the CLPRA regarding regulation of conditions of work of

26
Table 5. Regulation of Conditions of Work of Children

1. Applies to an establishment in which occupations in Part A and processes

in Part B are not carried on (sec. 6)

2. Hours and period of work

––Be not more than the prescribed number

––At least an hour of rest after 3 hours' of work

––Spreadover not to exceed 6 hours including the rest interval

––No child to work between 7 p.m. and 8 p.m.

––No child to work overtime

––No child to work in more than one establishment

3. A weekly holiday––permanently-exhibited notice about it

4. At least 30 days' notice by the occupier before employing a child

5. If there is a dispute as to the age of a person, the inspector to send the case
to the prescribed medical authority

6. Occupier to maintain a register––particulars to be noted are: name, date of

birth, work hours, nature of work

7. Appropriate Government to make health and safety rules for children

27
Table 6. The Schedule of the CLPRA 1986

(See Sec. 3)
Part A

Any occupation connected with:

1. Transportation of passengers, goods, etc. by railway

2. Cinder picking, clearing ash pit in railway premises

3. Construction of railway station

4. A port authority within port limits

5. Selling of crackers and fireworks in shops with temporary license

Part B
Processes

1. Bidi making

2. Carpet weaving

3. Cement manufacture including bagging

4. Cloth printing, dyeing, weaving

5. Manufacture of matches, explosives, fire-works

6. Mica cutting

7. Soap manufacturing

8. Tanning

9. Wool cleaning

10. Building and construction industry

28
children can be noted in Table 5, and the Schedule as per section 3 of the Act can be noted in Table 6.
This schedule lists occupations and processes in which employment of child labour has been prohibited.

Problems & Issues in Child Labour Abolition

It should be noted that the employment of children is hazardous per se because it takes away from the
child his/her childhood. Therefore, to think of making child labour as acceptable and worthy of
regulation in some employments is not tenable. This shift of official thinking took place in India in
1980s when we made a choice of giving support to working children rather than banning it altogether.
Child labour issues are deeply intertwined with general poverty alleviation and a better organization of
primacy education. In many locations, child labour is still rampant mainly because of the presence of
a social milieu which is hostile to the cause of the child interests. The bureaucratic inertia and
indifference has exacerbated the problem. From the widespread incidence of child labour in India one
can note that the implementation of the law is not very effective despite provision of severe penalties.
We need much more concerted and systamatic efforts towards tackling this issue. So long as
compulsory primary education does not become a reality it is difficult to effectively realize this dream.

7. Labour Organization: An Important Social Value

One can hardly over-emphasize the importance of countervailing power in society as a social value for
balancing competing interests and needs of social development. Labour rights are also a measure of
poverty alleviation. This is a peculiar problems of developing countries. In India, a large part of the
population [320 million i.e. 36% of total] lives below poverty line, gets starvation wages, and is
subjected to unfair labour practices (ULPs) committed by the employers. Only 8.3% workers are in the
organized sector. It is also believed that only 2 to 3 percent workers enjoy the benefit of collective
bargaining, that too mostly in the public sector.

Article 23 of Universal Declaration of Human Rights adopted by UN admits "the right to … join trade
unions, for the protection of his interests." The World Summit for Social development in Copenhagen
in 1995 adopted a programme of action on "basic workers' rights" which includes freedom of
association and collective bargaining. The Constitution of India provides for freedom to form
associations and unions in Article 19 (1) C.

29
The Trade Unions Act 1926 (TUA) provides for formation of unions in industries. It is provided that
any seven or more persons who are employed in industry can register a union. Unions have been
conferred corporate status, and when registered they enjoy some immunities from certain criminal
actions committed in relation to organizing labour struggle. They also have certain obligations under
the Act. But there is no provision in it for recognition of unions. A good number of unfair labour
practices are committed by the employers in matters of giving recognition. The TUA should be
understood as an adjunct of the industrial disputes Act 1947 (IDA). The latter law provides a
machinery for prevention and settlement of industrial disputes.

The 1998 ILO Declaration talks of four basic rights of workers: freedom of association and right to
collective bargaining; elimination of all forms of forced/compulsory labour; effective abolition of child
labour; elimination of all discrimination in employment.

Working of the TUA/IDA

The key goal of trade unionism is securing a just and fair sharing of gains of industry through
organization and developing countervailing power. But IDA contains loopholes, which results into
negation of the rights conferred by both these laws. It has been found (Saini, 1995) that the following
powers have been misused eventually to the disadvantage of the weaker side: discretion to conciliation
officers (COs) (Sec.12 (3); discretion to appropriate government in matters of "reference" and "strike-
prohibition;" adjudication of interest and rights disputes; exercise of residuary power by police, and
bureaucracy which are often misused.

We may note the problems which have been discovered in the working of these two laws. There is a
tremendous amount of lawyering that goes on in labour courts which has led to the conversion of union
leaders into brief-case union leaders (Saini, 1994); that industrial relations have been legalized
completely. Which also proves harmful to the weaker side (Saini, 1991). Industrial disputes resolution
processes have shown a high incidence of delay, formalism and inaccessibility (Saini, 1997).
Consequently the projected goals of the tribunal adjudication with the help of unions have been realized
only to a very limited extent. The system has not checked the commission of unfair labour practices by
the employers on a grand scale and dismissal of union leaders for indulging in trade union activities.
Interestingly, instead of resolving disputes an important role of tribunals is legitimizing union-smashing
(Saini, 1995). The IDA has helped the powerful actor in industrial relations to impose its wishes on the
30
poor workers through legal mechanisms. It is absolutely pertinent therefore that if the social value of
union organization is to be realized, contradictions in the existing legal framework should be removed.

8. New Experiments in Village and Local Governance: The Changing Paradigm

Governance of peoples' lives is an important area in social development. It involves questions of

confering dignity and participation to citizens in a country. Democracy has always been cherished as
the highest value in this regard. However, the presence of vested interest groups in society has always
made these arrangements less effective. India has recently effected revolutionary changes in its laws
relating to village and local governance. In the year 1992, the Constitutional Amendment(73rd and 74th)
Acts were enacted to this effect. I will examine these two laws and their impact on local governance in
two parts i.e. i) Village Governance; and ii) Municipal Governance.

i) Village Governance

The Constitutional amendment (73rd) Act represents a historical period in this regard. This amendment
envisages a model of governance which has the following features:

1. Formation of Gram Sabhas (Village councils)

2. Uniform 3-tier system at village, block and district levels

3. Direct elections––all seats at all levels

4. Indirect election of the chairpersons at intermediate and Apex levels––mode of election of chairman
for the lowest level left to the state

5. Voting rights to MPs, MLAs in these elections

6. 21 years as minimum age for membership as well as chairperson of the Panchayat

7. Reservation on rotational basis for SCs and STs in proportion to their population for membership as
well as chairperson of the Panchayats
31
8. Reservation of not less than 1/3 seats for women: These seats may be allotted to different
constituencies in a Panchayat. It is expected that 8 lakh women including those belonging to SC/ST
will become panches and sarpanchs

9. Five-year term for Gram Sabhas

10. If a Panchayat is suppressed or dissolved, fresh elections are provided for in 6 months

11. Devolution of powers and responsibilities by the state in the preparation and implementation of the
economic and social development plans, and implementation of schemes for economic development
and social justice including those in matters listed in the Eleventh Schedule

12. Financial arrangement through tax, grants-in-aid, levy, fees, etc.

13. Setting up Finance Commissions: once in five years to revise financial position of these institutions
and to make suitable suggestions

We may note the contents of the 11th schedule in Table 7.

The Gram Sabha, which is the pivot of village panchayat has been entrusted with multi-dimensional
responsibilities in the changed atmosphere. These are: assisting in the implementation of development
schemes in its area; identification of beneficiaries for the implementation of development schemes;
mobilizing voluntary labour & contribution in cash and kind for community welfare programmes;
promoting adult education and family welfare; promoting unity and harmony among all sections; other
welfare functions.

State Finance Commission is being created at the level of each state to discuss measures for providing
the desired finances to panchayat raj institutions. In this regard the finance commissions have to focus
on the following items:
i) Identify state taxes, duties, fees levied by the state government that may be divided between
government and local bodies
ii) Allocation of this amount between the government and the local bodies
32
 iii) The allocation of the share of the local bodies

iv) Identify the taxes, fees, etc. levied by the state which may be assigned to these bodies

v) The grants-in-aid to be paid from the state funds to the local bodies

vi) In all the above cases deciding the principles governing distribution and release of grants

vii) Measures needed to improve the financial position of the bodies

Giving recommendation on any other matter referred to by the government

33
Table 7: The Eleventh Schedule (Article 243-G)

Addition of the Eleventh Schedule: After the Tenth Schedule to the constitution, the following schedule
shall be added (i.e. Eleventh Schedule)

1. Agriculture including agriculture extension

2. Land improvement, improvement of land reforms, land consolidation, soil conservation

3. Minor irrigation, water management watershed development

4. Animal husbandry, dairying, poultry

5. Fisheries 6. Social forestry, farm forestry

7. Minor forest produce 8. Small-scale industries

9. Khadi & village industries 10. Rural housing

11. Drinking water 12. Fuel and fodder

13. Road, culverts, bridges, water ways

14. Rural-electrification, including electricity distribution

15. Non-conventional energy sources

16. Poverty alleviation programmes

17. Education, including primary and secondary schools

18. Technical training, vocational education

19. Adult and non-formal education

20. Libraries 21. Cultural activities

22. Markets and fairs

23. Health & sanitation, including hospitals, PHCs

24. Family welfare 25. Women and child development

26. Social welfare, including welfare of handicapped

27. Welfare of weaker sections, including SC/STs

28. Public distribution system

29. Maintenance of community assets
34
Important Agents of Social Development of Rural India: Key Impediments

A review of the working of the village governance systems would reveal that there are three key agents
for social development of rural areas in the Indian context. These are peoples participation; role of
voluntary organizations (NGOs); and the role of bureaucracy. It is difficult to fully realize the
cherished goal of social development through local governance without providing for an ideal
combination of these three agents of social development. In a large country like India which has been
ruled by the colonial rulers, these issues are highly complex and critical. The problems involved in
their use are variegated. We may note them as under:

1. Peoples' Participation

The 73rd amendment of the Constitution does provide for direct participation of people in village
governance structures. But there are many bottlenecks when we think of implementing it. They
include: hostile socio-cultural ethos, economic dependency, political domination, bureaucratic attitude
towards poor, etc. There are small caucuses (village elites) who take decisions regarding community
projects such as drinking water, school construction, etc. and do not encourage real participation by
others. Non-participation by poor due to their wretched economic conditions is also a usual problem.
Poor are not made a part of evaluating rural development, which takes away their potential contribution.

2. Voluntary Organizations (NGOs)

They can motivate people and mobilize them to participate in rural development. Also, they can make
government delivery system more effective. They can mobilize local resources better, besides helping
in definition and expression of the local needs. Creation of awareness can also be an important
contribution of theirs. However, NGOs have not gone into the villages very extensively. Therefore,
full potential in this regard has yet to be realized. The forces hostile to participatory governance at the
grassroot level, which get affected by the work of NGOs, would wish to see their marginalization.

3. Bureaucracy

Bureaucracy can play facilitating, promotional, regulatory, custodian and welfare roles. But it has a
structure of steel frame and an urban bias. It involves a top-down approach to management and has
made administrators authoritarian and rent-seeking. In such a situation social development becomes
35
submissive to statist institutions. In the administration structure, the district magistrate is the centre of
all power. In the new dispensation, the DM sees PRIs as a centre for countervailing power and thus
demonstrates some kind of hostility towards them. It has also been noticed that often bureaucrats, rural
elite, and politicians combine in an alliance for their own pecuniary benefits. This results in impeding
social development. It was once remarked by the former Prime Minister Rajiv Gandhi that 80 percent
of the funds for rural development are absorbed by the bureaucracy itself. In the new governance
structure MPs and MLAs have been given the right to vote in PRIs. It is apprehended that their protégé
will replace power of the District Magistrate. This to therefore, is likely to prove counter productive so
far as promoting social development is concerned.

Promises of 73rd Amendment: The New Village Governance Paradigm

The 73rd amendment transfer power for determining priorities in planning at the grassroots level; this
promise of politicians has became a reality now. It also confers constitutional status to Panchayat
bodies and endowes them with measure of continuity, certainty and strength. Earlier Gram Sabha
remained in cold storage for several years in a large number of cases. Pradhans used to have coterie,
around them and used to hold meetings at home, thus diluting the sanctity of this institutions.

The new law aims to enhance the capabilities of rural people to involve themselves in the planning
process about their priorities. One can also witness decentralization of developmental activities, with
active people participation. However it is found that there is a general reluctance on PR bodies to
impose taxes as they face people everyday. Poor tax collection due to lack of machinery for collection
of taxes is also a serious problem, which PRIs have to develop. It is also noticeable that the poor
assessment of properties affect the resource base of PRIs. In any case one can notice poor economic
base of people in rural areas. Thus they still look to this state for enhancing their financial resources.

The amendment empowers the State legislatures to authorize PRIs to impose taxes. But states by and
large political will to do so. The States reject recommendations of Finance Commission for various
reasons.

These realities are likely to somewhat the promises and projections of the new dispensation and the
champions of people empowerment will have to tackle these issues on a priority basis.

36
ii. Municipal Governance

In the area of municipal governance, the new law has come from the 74th constitutional amendment,
which took place along with the 73rd amendment. Its features are as under:

There is a provision for constituting in every state: a) a nagar panchayat in a transition area, b) a
municipal Council for smaller urban area, c) and a municipal corporation for larger urban area.
However, there are some exceptions. It is provided that seats in a municipality (meaning all three) shall
be filled by persons chosen by direct election. There shall be constituted Wards Committee consisting
of one or more wards in case municipality of 3 lakh and more. Seats in every municipality shall be
reserved for SC/ST in proportion to their population, which may be allotted by rotation to different
constituencies. Not less than one third seats to be reserved for women (including SC/ST women).

Seats for the posts of even officers or chairpersons of the municipalities shall be reserved for
SC/ST/women as specified by state legislature. Reservation seats are to expire when the period
specified in Article 334 expires (i.e. fifty years).

Legislature of a state may by law endow: a) the municipalities with powers and authority as may be
necessary to enable them to function as institutions of self governance with respect to: i) preparation of
plans for self governance, and ii) implementation of schemes; b) committees with necessary powers
about matters in the twelth schedule, which can be seen in Table 8.

9. Empowering Women: The Mother of all Social Development

Empowering women in the Indian context is a very complex issue. It involves changing the
preconditioned mindsets of males and the society in general. There are several problems to be tackled
in this regard. Human dignity for women need economic self-sufficiency; they need capacity to
generate independent income. Their disempowerment is a result of complex interaction of economic,
social and political power structures. Education of women is also a first pre-requisite in uplifting their
status.

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Table 8. The Twelth Schedule (Article 243-W)
Addition of the Twelfth Schedule: After the Eleventh Schedule to the
Constitution, Constt., the following schedule shall be added:

1. Urban Planning including town planning

2. Regulation of land use and construction of building

3. Planning for economic and social development

4. Roads and bridges

5. Water supply for domestic, industrial and commercial purposes

6. Public health, sanitation conservancy and solid waste mgt.

7. Fire services

8. Urban forestry, protection of environment, ecology

9. Safeguarding the interest of weaker sections of society

10. Slum improvement and upgradation

11. Urban poverty alleviation

12. Provision of urban amenities, parks, gardens, playgrounds

13. Promotion of cultural, educational aspects

14. Burial and cremation grounds

15. Cattle ponds, prevention of cruelty to animals

16.Vital statistics, including registration of births/deaths

17.Public amenities including street lighting, bus stops, etc.

Regulation of slaughter houses/tanneries

38
Women organizations have demanded reservation of 1/3 seats for women in Indian Parliament. But the
political parties have not been able to resolve several issues connected to this. We need to follow
policies of affecting fundamental change in attitudes of the state and the society towards women.
Major areas of focus are: improving wage conditions for women; equality of wages between men and
women; protection of women from problems resulting from their biological situation; access to credit
and training for self-employed.

Feminist women in India is mostly an urban phenomena. Women in rural areas is a subject of grave
exploitation. The voluntary organizations need to undertake massive programmes of reforms in this
regard. The problem of dowry exists both in the urban and rural areas. The dowry prohibition law has
made some impact on the abolition of this practice but we still have a long distance to cover. Also,
there is problem of sati (voluntary self-immolation by young women on widowhood), which remains
mostly only in some parts of Rajasthan. The strictness of the administration in administering the anti-
sati law seems to have made impact in tackling the problem.

Legal Protection to Women's Rights in India

Women's rights in India are widespread over a fairly good area. For example, there is prohibition of
discrimination against them as per the spirit of Articles 14, 15, 16, 39 of the Constitution. Article 15 (3)
envisages affirmative action for women and children. The Equal Remuneration Act 1976 talks about:
equal wages for the same work or work of similar nature for men and women workers; and prohibits
discrimination against women in matters of recruitment.

The Maternity Benefits Act 1961 and the Employees State Insurance Act 1948 provide for payment of
maternity benefit. Also, this benefit is payable in case of miscarriage, sickness arising out of pregnancy
and abortion. But in actuality very small number of women get this benefit. Unfair Labour Practices
are committed by employers against their employment.

The Factories Act 1948 provides for restriction of hours of work (women can not be asked to work
between 7 p.m.-6 a.m.), concessions regarding lifting of weights, and special safety protection for
women.

39
Political reservations for women in panchayats, local bodies has been provided for in the recent laws on
local and municipal governance. A debate is presently going on for reservation of seats in
Parliament/State assemblies.

The Dowry Prohibition Act 1961 provides stringent punishment for the practicing of dowry. Also the
law prohibiting sati makes the commission of this evil practice difficult. The government has appointed
the National Commission on Women for deliberating on issues of women's empowerment. There is
provision for special Womens' Cell in police departments which is also a significant step in providing
special protection to women.

PRIs and Rural Women

The new law provides reservation of not less than 1/3 seats for women in panchayats. These may be
allotted to different constituencies in a Panchayat. It is expected that about 8 lakh women including
those belonging to SC/STs will benefit from such reservations.

Various steps needed to be taken to effectively operationalize these protections for rural women. There
is a need to raise general & political awareness of women. They need to have awarness about their
own needs, health needs, and legal rights. The state need to do training programmes for them. There is
need to organize rural women for breaking barriers to inequality. Funds should be allocated for this
purpose. NGOs and women's organizations can act as facilitators for this purpose in this regard.

Perhaps the key issue in women's empowerment is the need to promote female literacy. We have to
also sensitize those in power about issues in women's development and rights. Thus attitudinal
reorientation of administrative machinery at village, block and district levels about this issue can be of
help. Since most rural women are poor, they cannot go for training in village governance, leaving their
work behind. Thus one can think of giving allowance at minimum wage rate to women when they go
for training for Panchayat work. At least this can be done for women below poverty line.

VI. BUREAUCRACY AND PARTICIPATION IN SOCIAL DEVELOPMENT

When India got independence, the Central Government led by Jawaharlal Nehru, undertook a massive
programme of development. He was brought up in the liberal traditions of the West, which had a
40
tremendous influence in his selection of the model of development. His modernism led to a Planning
Commission approach to economic development whereby investment in industrial development was
highly subjected to government regulations, leading to a largely protected economic regime.
Bureaucracy enjoyed tremendous powers in the process. In the social development sphere as well a
good number of laws were enacted that have been noted in the foregoing paragraphs. In 1964 "there
were still 160 ICS (Indian Civil Service) officers in senior posts in Delhi and elsewhere committed to
the old style of administration… [and] the IAS (Indian Administrative Service) was growing fast and by
then [had] 2,100 officers" (Parekh, 1995:41). The model of development continued to be top-down.

A bureaucratic model of development in any location always has problems. Overdependence on

bureaucracy leads to so many problems. Bureaucracy is known to suffer from the following:

"Over-devotion of officials to precedent; remoteness from the rest of the community;

inaccessibility; arrogance in dealing with the general public, ineffective organization, waste of
manpower, procrastination, an excessive sense of self-importance, indifference to the feelings of
inconvenience of citizens, an obsession with the binding authority of departmental decision,
inflexibility, abuse of power, and a reluctance to admit error (Encyclopaedia Britannica 1987:
342).

Most social development laws that were enacted by the government gave important place to
bureaucratic power in several ways: ensuring enforcement of the protection, issuing certificates and
documents, exercising discretion of various types under the laws, use of police force in containing
organized protests, granting permission, etc. In effect, our development model emphasized the need to
embed the state in the cultural life of people. But bureaucracy, apparently suffering from the above
malaise, could not use people's energies for the development process. It was in fact not even trained
properly to deliver the goods as per the Indian realities. It symbolized the perpetuation of colonial
thinking.

Undoubtedly, Nehru's model of economic and social development helped in keeping the country united
and created a sense of unity in diversity. It also contained the incidence of communalism in India to
quite an extent. He won the hearts of minorities, especially Muslims and the Scheduled Castes and
Scheduled Tribes. His contribution towards strengthening liberal democracy was also substantial, and
also in sustaining if not strengthening federalism. The strong public sector that he set up, influenced by
41
the soviet and not American model, exacerbated the presence of state in the life of people in a big way.
He took care of all groups in society and tried to provide to them dignity through law, with the hope that
the bureaucracy would work as expected. When bureaucracy could not deliver the goods it become
politicized and corrupt (Parekh, 1995). This model of economic and social developmental benefited
only an elite middle class. Masses remained far away from the development process. Local bodies at
village, block and district level were controlled by bureaucratic power. This scenario has adversely
affected the change potential of our social legislation. Interestingly, several scholars have labelled this
as a problem of state inaction and have advocated the use of the power of the judiciary in correcting the
things through PIL. But, it is important to ask whether PIL can be a substitute to a participatory model
of development. I will discuss PIL in the following section.

VII. CRISIS OF GOVERNANCE: REALIZING DEVELOPMENT THROUGH

PUBLIC INTEREST LITIGATION

Public Interest Litigation (PIL) can be seen as an important means of Social development.
Contemporary Indian discourse on law and social change has given an important place to PIL.
Judiciary has shown commitment to correct administrative injustice through this device. This method
originated in the USA and has travelled fast in India.

PIL is concerned not with individual rights but with interests of class/groups. By using the technique of
judicial decision-making the higher judiciary has granted relief to: women, children, undertrials,
prisoners, bonded labourers, workers, environmentalists. It goes to the credit of the Supreme Court that
it has broadened locus standi which was diluted for the first time by Justice P.N. Bhagwati in the case
of S.P. Gupta v. Union of India. He argued that locus standi arose in an era when private law
dominated the legal system and public law had yet to be born. The crux of PIL is as follows:

If a legal wrong is caused to a person/s by way of violation of legal/constitutional right… and

such person cannot come to court due to: poverty, helplessness, disability; or socially or
economically disadvantaged position he can maintain an application for appropriate direction,
order or writ in High Court under Articles 226 or in case of fundamental rights in SC… Court
has to innovate new methods for devising strategies for access to justice.

42
In order to activate PIL, it is necessary that the individual must act bona fide. PIL is also important for
enforcing rights as per the directive principles of state policy which requires proactive involvement of
state and public institutions to fight governmental lawlessness.

While handling a PIL case courts often appoint commissions/committees to investigate into the
existence of facts in issue and to gather data. If courts can prevent misuse of this system by self-seeking
opportunists. PIL can help in promoting responsible administration.

VIII. CHANGING CONTOURS OF SOCIAL DEVELOPMENT

Traditionally, law reform often becomes a technocratic and non-participative affair, impulse for which
comes from the governing elite. This is based on the assumption that what is good for the elite is good
for the masses. In order to be effective, however, law reform should not merely be a piece-meal
exercise in social engineering. It must involve fundamental re-examination of the legal system and its
crisis. It should be based in social reality so as to promote peoples' law, informal law, living law,
private government, etc. As far as possible, implementation mechanism of a social legislation should
include constitution of Vigilance Committees consisting of representatives of affected groups. These
committees exercise a surveillance on the bureaucratic power.

Such laws should also provide for education of those whose attitudes are to be changed or who are
conferred the new rights. India has recently appointed national commissions in many areas of social
operations. The purpose of these national commissions is to: investigate and monitor matters related to
safeguards provided, participate in planning socio-economic development of beneficiaries, and report to
government about the assessment of the laws and measures to be taken. In India such commissions
have been appointed in case of women, minorities, backward classes, Human Rights, and SC/STs.
These commissions are quasi-judicial bodies and are performing a very useful role. Social law must
aim to create enlightened public opinion and generate pressure groups for countering hostile
implementation structures. This essentially involves encouraging people to participate in their
administration.

43
It is interesting to note that there is a greater realization about the need for participation rather than
people accepting the unilateral bureaucratic decision-making. This is, in fact, attributable to what is
happening in the economy world over thanks to the globalization policies of most nations.

The world is also in a massive process of de-politicization. Declining dependence on dominant

individuals is noticeable. There is a diminishing role for the state in the globalizing world.
Globalization is based on the debris of a discredited bureaucracy. Attempts are being made to entrust
state apparatus to scientific managers and technocrats. Thus there is a decline in liberal politics. In the
Indian context, the chief architect of this thinking is Rajiv Gandhi, who brought to the centre a
managerial model of polity (1993-88). Political leaders must, I believe, play their roles as catalysts of
the historic process. Now, there is a need to make democracy an instrument of the oppressed and the
victims of history.

We are witnessing in 1990s a fear and nervousness among the elite in the face of the awakened people,
emergence of mass politics, and the realization of the failure of top-down model. A democratic polity is
one in which government and people together create an open and civil society. We are in a time when
party system is losing credibility, new institutional spaces are opening up, and there is emergence of
non-party political processes in almost all parts of the country. Also, there is a change in official
thinking in recent years regarding voluntary action. The government is itself involving voluntary
organizations in official programmes. Government's own fragility and incompetence are becoming
more open to non-governmental citizen groups.

In the above context, we may note some of the emergent techno-political realities in India. For example,
We had Sam Pitroda's hi-tech revolution which helped opening up of the economy in the 1980s.
Debureaucratization of local governance has brought in volunteers through 73rd & 74th amendment.
Emergence of a Chief Minister (Mr. Chandrababu Naidu) in the role of a CEO is a good augury.
Another Chief Minister, S.M. Krishna (Karnataka) is following him. Politicians are engaged in
competition to excel quite the way private sector companies are building their competition strategies.
Earlier ruinous competitive populism does not work any more as most part of the country remained
underdeveloped. Organizational thinking is making a widespread use of the term empowerment. This
concept is being extended to local governance. These developments are harbinger of a message that in
the coming times politics is likely to change. Earlier politicians in India became accustomed to
perpetuating ignorance in the masses so that people remain a ballot box folder. We are in a post-
44
Marxian world of discursive power and decentered subjectivities in which no group is authorized to
construct for others a vision of a socially just world.

IX. CONCLUSION

The foregoing discussion reveals that the Indian state has undertaken massive programme of reforming
some of the age-old practices of social hierarchy and a caste-ridden society. These concerted attacks
are reflected in a number of laws enacted in the post-independence India. These laws should be
understood as a part of the overall magnificent presence of the state in peoples' lives as per the
approach of the Planning Commission followed by the Congress Party which has ruled India for much
of the period of 52 years after independence.

The fact that India is labelled as an over-legislated society shows, that peoples' feelings for legislative
action were quite strong. But various factors contributed for causing a big gap in the projections and
achievements. One of these is bureaucratic inertia and indifference, besides the presence of alliances
between vested interest groups to marginalize the change agenda.

The recent amendments in the Constitution (73rd and 74th) have promised transfer of power from
bureaucrats to people in matters of local governance. This transfer should still be viewed in a gestation
phase because its results have yet to surface. The amendment gives representation to women and
SC/STs in the new structures and also confers autonomy on the local bodies. This paradigm is an
alternative to both the weak and soft instrumentalism that I talked about in the introductory part of this
paper. Sociologists and political scientists are watching very curiously as to how the arrangement
works towards building a democratic participatory, accountable, and socially developed India. At the
same time, it is important to remember that participative development in the real sense of the term
would warrant tackling the other social problems that have been discussed above.

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The Author’s Brief Biography

Debi S. Saini, Ph.D., is Professor––HRM Area at the Institute for Integrated Learning in Management
(IILM), New Delhi. Earlier, he has undertaken teaching and research assignments at Gandhi Labour
Institute, Ahmedabad as Professor of Labour Law; and, as a Reader at University of Delhi, Delhi, India.
He has edited or authored four books which include: Labour Law, Work and Development (Westwill);
and Labour Judiciary, Adjudication and Industrial Justice (Oxford & IBH). He has published 25
research articles in various journals and edited volumes in India and abroad. He is the Founder-Editor of
Management & Change, the journal of IILM. Professor Saini is on the Editorial Board of Industrial
Relations Journal, Blackwell, Oxford, U.K. Among others, he is a consultant to International Labour
Organization. His present academic involvements, among others, include: writing a volume on “Social
Security Law in India” to form part of the International Encyclopaedia of Laws being published by
Kluwer Law International, Hague, the Netherlands; and editing a book, Human Resource Management:
Challenges in the New Era. He has recently edited a book on Settlement of Labour Disputes in South
Asia, which is being published by ILO.

Professor Saini’s inter-disciplinary interests are reflected in his participation in activities of several
learned bodies in social science disciplines. He is a life member of: Indian Law Institute, New Delhi;
Indian Sociological Society; Indian Society for Labour Economics; HRD (Human Resource
Development) Network; and a member of Indian Industrial Relations Association. He was a member of
the Law & Society Association, USA (1981–1998). He is a member of the Research Committee on
Sociology of Law (RC-12) and Research Committee on Participation and Self Management (RC-10) of
International Sociological Association.

48
 Professor Saini obtained his M.Com. degree from the Delhi School of Economics, University of Delhi,
and LL.M., and Ph.D. degrees from Faculty of Law, University of Delhi. He has worked with the
eminent Sociologist of Law Dr. Upendra Baxi, presently Professor of Law, University of Warwick,
Warwick, U.K.

49

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