Tuesday, December 6, 2011

What is constitution



The constitution is a set of elementary principles or established precedents to govern a state.  It is a written or unwritten document constitute of rules and principles. It puts down the basic framework of a political system to govern. Constitution of a country lays down the basic structure of the political system under which its people are to be governed (Kashyap, 2011; 1). We can define it as a set of fundamental law of a country which ordains the fundamentals of its polity and on the altar of which all other laws and executive act of the state are to be tested. It is a living organism of functioning institutions (Kashyap, 2011; 2). The constitution establishes the main organs of the state-the legislature, executive and judiciary. It defines their power and responsibilities and regulates their relationships. The constitution of a country represents the ‑­vision and values of its founding fathers and is based on the social, political and economic ethos and faith and aspirations of the people. I
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Saturday, October 29, 2011

Civil Society Organizations in formulating Public Policy in India: Case of anti corruption agency Lokpal


Introduction:
In India, where the state occupies central figure in delivering social welfare to its citizen, public policy celebrates a significant role. Public policy has assumed considerable importance in response to the increasing complexity of the society. “Public policy is formulated and implemented through a plethora of formal and informal institutions, mechanism and processes.”[1] Formulation of public policy is a difficult process which involves the interaction of a complex set of forces. It begins with the ideas citizens or civil society organizations have about the actions they want the government to take.[2] This involves power, influence and conflict in which both compete to impose decisions on dissenters. It is, therefore, important to look at how exactly power is exercised by Civil Society Organizations in the policy making process. To look at this we will take the case of Civil Society Organization ‘India against Corruption” in bringing a Lokpal as an anti corruption agency in India
Public Policy:
Public policy means a decision as to what shall be done and how, when and where. It is whatever governments choose to do or not to do. Thomas Dye says public policy is “Anything a government chooses to do or not to do”.[3] It is a government attempt to address any public issue. The government develops public policy in term of laws, regulations, decisions and actions. “Public policies of a democratic country are important devices and mechanisms for moving a social and economic system from the past to the future.”[4] There are three parts to public policy-making: problems, players, and the policy. “The problem is the issue that needs to be addressed. The player is the individual or group that is influential in forming a plan to address the problem in question. Policy is the finalized course of action decided upon by the government. In most cases, policies are widely open to interpretation by non-governmental players, including those in the private sector.”[5] So public policies are government initiatives and it may be influenced by Civil Society Organizations, individual citizens, electoral and policy agenda, media, political parties etc. Here, role of Civil Society Organizations in Public policy formulation is looked at.  So, to understand we would like from the concept of Civil Society Organizations.

Civil Society Organizations:
Civil society associations are organizations with formal structure whose members share some common interest. They pressurize the government to fulfill their interest. It is an important channel of communication. Alexis de Tocqueville, in 18th century linked it with democracy. To him these are important constituents of the political system which limit the absolutist state.[6] To demonstrate their discomforts with modern society and government, the term civil society was articulated by western intellectuals. Hegel explains it as the third sphere, after state and market. Rajni Kothari opines that civil society is an alternative to the bureaucratic and unresponsive state machinery. As we have seen that Civil Society Organizations are third sphere of life and comes after family and market, it can act as an influent organization in policy formulation.

Civil Society Organizations in Public Policy formulation in India:
Civil Society Organizations (CSOs) are very important channel for formulation of public policy. Though they are directly not responsible for formulation of any policy but they can pressurize the government and central and state level to formulate any policy for the interest of the society. Civil society is seen as an important agent for policy making and promoting good governance like transparency, effectiveness, openness, responsiveness and accountability. Civil society can perform many a functions like first, policy analysis and advocacy; second, regulation and monitoring of state performance and the action and behavior of public officials; third, building social capital and enabling citizens to identify and articulate their values, beliefs, civic norms and democratic practices; fourth, mobilizing particular constituencies, particularly the vulnerable and marginalized sections of masses, to participate more fully in politics and public affairs; and fifth, development work to improve the wellbeing of their own and other communities.[7]
Civil Society Organizations are actively involved in policy formulation process. Civil Society Organizations’ programs are directly affected by the policies that the government produces. It feels that in order for the government to formulate policies their involvement is necessary since they work for development and can make important inputs to the policy making process. Civil Society Organizations understand the policies fully as well as ensure that policies are appropriate to the needs of the people, feasible and implementable on the ground. They can use grassroots experiences and innovations as the basis for improved policies and strengthening local capacities and structures for ongoing public participation. It can provide information that is vital for the development of policies that are appropriate to the community the policy is meant to serve. Civil Society Organizations, as watchdogs, can also apply pressure on the government to ensure that appropriate policies are enacted and implemented. In the implementation of policies, it can monitor the application of the laws and also, where compatible with community interests, design programs that complement rather than undermine or contradict government policies.
Civil Society Organizations use many strategies to influence in policy formulation. A clear picture of strategies used by CSOs to influence policy formulation is provided by Covey.[8] She stated five strategies of CSOs to influence national policy formulation. “These strategies are education, persuasion, collaboration, litigation and confrontation. The education strategy is one where the CSOs attempt to give the government a lot of information, analysis and policy alternatives. CSOs also educate the government by creating and testing innovative development approaches that could be adopted by the state. Education is done through workshops, conferences, physical visits and initiation of pilot projects. Education strategies may also target other groups besides the government such as the public at large, the media, and CSOs or community members. In using persuasion as a strategy, a CSO acts like a pressure group to press for policy changes and show public support. The idea here is to convince the government that the CSO supported policy or policy change needs to be recognized and enacted into legislation. Persuasion is done through various means, which cover meetings, workshops, conferences, invitations to the site, lobbying, demonstrations and even strikes. The main aim is to pressurize the government into changing its policy direction. The collaboration strategy is one where a CSO works hand-in-hand harmoniously with the government. Relations are usually good and amicable between the government and the CSO that is collaborating with it. Collaboration calls for mutual trust between the government and the CSO it is dealing with. It also calls for transparency within the collaborating bodies. That is, both sides need to show all their intentions, interests, needs, goals, agendas, etc. to each other. This is the basis of building trust and relationships. In the litigation strategy, the CSOs use the courts to press for policy change. When a CSO believes that the law is being broken or misapplied it can take the government or other offending parties to court for the issue to be legally dealt with.”[9]
Another strategy for public policy formulation is confrontation. “The protests usually involve radical tactics such as violent demonstrations, destroying property, etc. In most cases, relationships between the government and the CSOs become sour and there is a lot of animosity between the two parties.”[10]
RK Sapru, in his book Public Policy: Art and Craft of Policy Analysis, has discussed the role of CSOs in public policy formulation. Based on this book by Sapru we can track the process of policy making. It is difficult to predict the circumstances under which CSOs influences the policy making process. The generally plays the following role in policy process-
  1. Enhancing the effect of public opinion: CSOs attempt to influence the policy making authorities. They enhance public opinion. These organizations serve as link between individual citizens and policy makers. For individual it is the means of communication and power. The CSOs also offer political support and intensity of view of large numbers of citizens with some common interest to the policy makers. Hence, CSOs enhance the public opinion towards policy formulation.
  2. Providing advisory services: CSOs also provide advice to the policy makers. The Civil Society Organizations, with expertise in the subject-matter of their concern, shape the smaller questions into larger issues worthy of legislative consideration and provide technical data for and against a specific issue to the policy makers. The government responses to these and as a result they succeed in influencing policy formulation.
  3. Access to policy making process: The CSOs as powerful organizations can influence the executive and its departments at the formulation stage before a Bill is drafted. The CSOs can demand to draft policies which represent interest of the society and individual. The CSOs can bargain with the government and can transform their demand to public policy. “With access to information, civil society fosters democracy by limiting the state, providing space for protest groups, generating demands, monitoring excess, confronting power holders, and sustaining a balance of power between state and society.”[11]
  4. Mobilizing resources for policy issues: Civil Society plays a crucial role in building policy issues. The strength of organization is an important factor in the policy –making process. Civil Society Organizations protect the interest of its members and mobilize it toward policy formulation. The CSOs, due to its structural features, can mobilize the resources and help in policy making.
Hence, Civil Society Organizations have many benefits and positive attribution in policy formulation. These organizations, using different strategies at different point of time influences policy making process. They representing individual will mobilize, pressurize, and influence the authority to do or no to do in a way. In India Civil Society Organizations have been playing these roles for long. For example we can refer the Right to Information Bill and role of Mazdoor Kisan Shakti Sangathan (MKSS) of Rajasthan. Apart from this, CSOs through social movement also influence in policy making in India. Narbada Bachao Andolan, Chipko Movement and Movement for the recognition of tribal in Forest Bill etc. are some such well known movements in India.[12] This has also repeated in the case of formulation of an anti-corruption policy/institution called Lokpal, where ‘India Against Corruption’ (IAC) a Civil Society Organization under the leadership of Anna Hazare is pressurizing the government for a strong Lokpal. A thorough discussion about the role of IAC in formulating Lokpal will ease our understanding of role of CSOs in public policy making.
Case of Lokpal:
Before looking at the role of IAC in Lokpal, it is important for us to know about the Lokpal. The Lokpal is a proposed independent anti-corruption law in India, developed in the model of Ombudsman of Sweden. The Lokpal as an institution will suppose to work as a national institution to look at, control and enquire corruption in India. The Lokpal bill was first introduced by shanty Bhushan in 1968 and passed the 4th Rajya Sabha in 1969 but the Lok Sabha was dissolved before the bill got through that. The Subsequent versions of Lokpal were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, and in 2008, but not passed.
In 2011, civil activist Kisan Baburao Hazare, popularly known as Anna Hazare started a satyagraha movement by commencing an indefinite fast to demand the passing of it. The movement attracted attention in the media, and hundreds of thousands of supporters. The government come up with a Draft Lokpal Bill, which the civil society organization associated with it reject and demanded their version of Jana Lokpal Bill to pass in the parliament.
As we have seen that Lokpal Bill was introduced long back in the parliament but repeatedly not passed, the civil activist Hazare, supported by Kiran Bedi, Arvind Kejriwal etc. under the platform of a Civil Society Organization started a movement for a strong Lokpal called Jana Lokpal. That CSO is known as India Against Corruption. This movement is an expression of collective anger of people of India against corruption. Let us see how this Civil Society has played role in policy formulation and we will look at this from the perspective of strategies they used and process they involved.
Strategies:
In general CSOs use five strategies in public policy formulation which are education, persuasion, collaboration, litigation and confrontation. But in case of Lokpal the IAC has adopted three of these as their core strategies. These are education, persuasion, and collaboration. Using education as their strategy, IAC has attempted to give the government a lot of information, analysis for a strong Lokpal. IAC, through workshops, conferences, physical visits and initiation of pilot projects, has pressurized in policy formulation. The society has also targeted other groups besides the government such as the public at large, the media, and CSOs or community members at different parts of the nation. The society has promoted education for both individuals and government towards a strong anti corruption policy i.e. Jana Lokpal.
                Persuasion is another strategy used by IAC to attain their goal. In using persuasion as a strategy, a CSO acts like a pressure group to press for policy changes and show public support. The IAC has also been constantly pressuring the government, through satyagraha for a Jana Lokpal. They are trying to convince the government that the IAC’s Jana Lokpal needs to be recognized and enacted into legislation. They are doing Persuasion through various means, which cover meetings, workshops, invitations to the site, lobbying, demonstrations and even strikes.
            We already came to know that collaboration strategy is one where a CSO works hand-in-hand harmoniously with the government. IAC is also many a time trying to go hand in hand with government for a Jana Lokpal. The Civil Society Organization, though many a time is has differences of ideology with government, but tried to mobilize the government and also reduce their demands to go hand in hand with government. But mutual mistrust among them is a negative factor which has been disturbing in using this strategy.
            These above three are the major strategies that IAC is applying in bring a strong ombudsman in India. Apart from these three, it also has been using strategy of institutionalization where the organization has tried to take support from government institution. Apart from that they are also now trying to promote anti-incumbency indirectly, so that a new government passes the Jana Lokpal Bill.
Process:
Civil Society Organizations, as we have already seen, apply four processes for policy formulation. These four processes are also used by Anna Hazare’s civil society. Let’s see how India Against Corruption has been influencing government towards Lokpal using these processes.
a.       Enhancing the effect of public opinion: India Against Corruption has attempted to influence the policy makers by generating public opinion. It is seen that the active members of IAC have visited different places of India to generate public opinion for a Jana Lokpal. They served as a link between the citizens and the government.
b.      Provide advisory services: IAC is also acting as an advisory society to the policy makers. The society has repeatedly advising and negotiating with the government for a strong anti corruption agency. They are also providing technical data for Jana Lokpal to the policy makers.
c.       Access to policy making process: the IAC has tried to access policy making by drafting a strong Lokpal Bill. They are demanding to pass that Lokpal Bill which is prepared by the Civil Society Organization arguing that it represents people interest. The CSO is bargaining with the government for that.
d.      Mobilizing resources for policy issues: The role of IAC is not limited to the above three. It has also been mobilizing the people for Jana Lokpal. The society, with the help of media and internet has succeeded to mobilize the people in support of a strong Lokpal.

Looking at the above process that are engaged by Anna Hazare’s Civil Society, we can say that IAC has been using every possible strategies and process to pressurize government for a anti corruption agency which can at-least control corruption both at apex and grass route level.
Problems of Civil Society in policy making:
Civil Society Organizations in a nation like India plays a great role in policy formulation. But it has some problems also. In India Civil Society Organizations are not well organized and not purely apolitical. These create problem in policy making. That is why probably Schmitter noted few negative potentialities of civil society.[13]
            In case of Hazare’s civil society also we find some problems. These problems are like-
  1. The recent development in IAC has taken a political shape, where Hazare has started a campaign against Congress. The change may result in a problem. It may lead to loose of public support to the society or may lead to any political outcome.
  2. Many a time different sources have pointed out that the society has fragmented to some extent due to lack of universality of ideology. If this is reality than in long run the movement under their initiative may failed to bring any appreciable Lokpal.
  3. Another problem of this Civil Society Organization is the absence of proper structure of the IAC in peripheries of India. As there are no proper structural arrangements in villages, therefore it may fail to unit people every time it needed, which may weaken their pressure in bringing Jana Lokpal.
These are the main problems that are visible in India Against Corruption’s initiatives for a Jana Lokpal to limit corruption in India. Due to these problems, in long run, the society may face several problems towards attaining their goal.
Conclusion:
From the above discussion it can be conclude that Civil Society Organizations are one of the important channel through which influence is brought to bear on policy makers. They can communicate effectively on policy issues. They, using different strategies and process can pressurize the government to formulate a public policy, which fulfills their interest. This also applies in the case of role of Civil Society Organization India Against Corruption to bring a strong anti corruption mechanism- Jana Lokpal.




Footnotes:

[1] Mathur, Kuldeep, (2009) From Government to Governance: A Brief Survey of the Indian Experience, NBT, New Delhi, pp73
[2] Sapru, RK, (2010), Public Policy: Art and Craft of Policy Analysis, PHI, New Delhi, pp155
[3] Sharma, M.P, Sadana, B.L, (2007), Public Administration in Theory and Practice, Kitab Mahal, Allahabad, pp 564
[4] Sapru, RK, (2010), Public Policy: Art and Craft of Policy Analysis, PHI, New Delhi, pp41
[5] http://www.wisegeek.com/what-is-public-policy.htm
[6] Tocqueville, Alexis de, (1969), Democracy in America, Harper & Row, New York Vol. II, Part II, pp521
[7] Ghaus-Pasha, Aisha, (2004), Role of civil society organizations in governance, 6th Global Forum on Reinventing Government towards Participatory and Transparent Governance 24 – 27 May 2005, Seoul, Republic of Korea, pp3
[8] Ghaus-Pasha, Aisha, (2004), Role of civil society organizations in governance, 6th Global Forum on Reinventing Government towards Participatory and Transparent Governance 24 – 27 May 2005, Seoul, Republic of Korea, pp19-20
[9] Ghaus-Pasha, Aisha, (2004), Role of civil society organizations in governance, 6th Global Forum on Reinventing Government towards Participatory and Transparent Governance 24 – 27 May 2005, Seoul, Republic of Korea, pp19-20
[10] Ghaus-Pasha, Aisha, (2004), Role of civil society organizations in governance, 6th Global Forum on Reinventing Government towards Participatory and Transparent Governance 24 – 27 May 2005, Seoul, Republic of Korea, pp20
[11] Sapru, RK, (2010), Public Policy: Art and Craft of Policy Analysis, PHI, New Delhi, pp170
[12] Mathur, Kuldeep, (2009) From Government to Governance: A Brief Survey of the Indian Experience, NBT, New Delhi, pp117
[13] Sapru, RK, (2010), Public Policy: Art and Craft of Policy Analysis, PHI, New Delhi, pp171
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Monday, September 26, 2011

Social Security and India


Introduction:
“The role of political association in shaping and promoting human well-being has been a central focus of the attentions of many political thinkers from the enlightenment period and before.”i This list of thinkers includes Aristotle, Rousseau, Mill, Alexis de Tocqueville, and Gandhi etc. The debate on state has been occupying the central figure since the days of Aristotle. After the two World Wars, the theoretical debate on ideologies and the cold war between the two hostile blocs USA and USSR had brought the question of importance and responsibility of a state. “The debate is over the issue of ‘responsibility of state’ where two poles stand opposite to one another either by elevating its role in social welfare and human security or diminishing its role to a negligible or minimal state. To be more precise, the liberal school, mainly promoted by western capitalist bloc, argues for a minimal, limited state with the responsibility of policing people. Squabbling from the other pole, the socialist school supports a state with welfare activities which not only ensures traditional security but also non-traditional human security to its fellows.”ii The debate of social security or human security has relation with responsibilities of state, ideology, economy, and many more.

Meaning of Social Security:
Security implies freedom from threats, and hence social security implies absence from social threats. Social security indicates the security of individual and groups in the sphere of economy, livelihood, food, health, environment, and politics etc. This forms of security, also known as non-traditional or human security has covered many areas, bypassing the traditional norms. The concept of social security has a close relation with human development. Social security is one step forward of human development towards translating development into security for the masses. The notion of human security is an effort towards pinpointing the essential and core objectives to be achieved through the process of human development and to practise the same in day-to-day life.iii In 1994, the United Nations Development Program in its Human Development Report argued that human security is insuring freedom from want and freedom from fear for all people.
“The concept of human security emerged as part of the holistic paradigm of human development at UNDP by former Pakistani Finance Minister Mahbub ul Haq with strong support from economist Amartya Sen.”iv The report argued that the concept of security has for long been interpreted narrowly and been related more to nation-state than to the people. The report widened the concept of security adding seven core elements that—when addressed together—reflect the basic needs of human security: economic security, food security, health security, environmental security, personal security, community security and political security.v Social security is also called as social welfare.vi Within the framework of UDHR, Social Security means “an insurance system for human beings, without any discrimination and in all situations of their lives, aimed at protecting the members of society against any contingencies during their life time (health, housing, retirement, maternity, employment injuries, invalidity, family challenges, unemployment, vocational training, recreation and health).”vii So the definition of social security constitutes both a system and an instrument of the State to guarantee the fulfilment of human needs and ensuring the distribution of wealth through Solidarity, Universality, Unity and Subsidiary.

Social Security: A Global Perspective:
The concept of social security has evolved out of mankind’s quest for protection from social insecurity. It is a quest for protection from the hazards arising out of vagaries of nature and from the living conditions in modern societies. “With the advent of industrial revolution in Europe a new class of "workers" emerged. Broken away from their families and villages, they were totally dependent on wages for subsistence. In due course, a comprehensive social security system was developed, covering all eventualities from conception and birth till death like pre-natal and maternity benefits, paid leave, medical care, pensions, unemployment benefits, family allowances and old age pensions, etc.”viii So, the European industrial revolution has promoted social security, under which foundation, the notion has arrived today’s position. French revolution, where realizations of social security were made, with the declaration of rights of man, which later went to serve as a preamble of the French Constitution had also contributed to the development of the concept.
BOX 1: Human security-as people see it
How individuals regard security depends very much on their immediate circumstances. Here are some views of security gathered from around the world, through a special sample survey by UNDP field offices.
Primary school pupil in Kuwait
"I feel secure because 1 am living with my family and 1 have friends. However, 1did not feel secure during the Iraqi invasion. If a country is at war, how arepeople supposed to feel secure?"
Woman in Nigeria
"My security is only in the name of the Lord who has made heaven and earth. 1 feel secure because 1 am at liberty to worship whom 1 like, how 1 like, and also because 1 can pray for all the people and for peace all over the country."
Fourth-grade schoolgirl in Ghana
"I shall feel secure when 1 know that I can walk the streets at night without being raped."
Shoe-mender in ThatJand
''When we have enough for the children to eat, we are happy and we feel secure."
Man in Namibia
"Robberies make me feel insecure. 1 sometimes feel as though even my life will be stolen."
Woman in Iran
"I believe that a girl cannot feel secure until she is married and has someone to depend on."
Publte administrator in Cameroon
"Security for me means that my job and position are safe and I can continue to provide for the needs of my family and also have something for investment and friends."
Woman in Kyrgyzstan
"Human security indicates faith in tomorrow, not as much having to do with food and clothing, as with stability of the political and economic situation."
Secondary school pupil in Mongol£a
"Before, education in this country was totally free, but from this year every student has to pay. Now 1 do not feel very secure about finishing my studies."
WOman in Paraguay
"I feel secure because I feel fulfilled and have confidence in myself. I also feel secure because God is great and watches over me."
Man in Ecuador
"What makes you feel insecure above all is violence and delinquency-as well as insecurity with respect to the police. Basic services are also an important part of security

Thereafter, the treaty of Versailles, under which International Labor Organisation was established, referred the need for the workers providing them the right to social security. Later on, in a declaration adopted by ILO in 1944, along with other Nations of the World, social security measures covered.ix After this declaration, in Article 22 of UDRR, declared in 1948, the question of social security was floored. The UDHR states that “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation, and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.”x Article 25 and 26 of the UDHR also covers the ideas of social security.xi
Since its inception, ILO has been adopting resolutions, recommendations and conventions on different perspectives of social security. However, it was in 1952, a comprehensive convention (No.102) concerning Minimum Standards of Social Security was adopted. This Convention includes provisions for Medical Care, Sickness Benefit, Unemployment Benefit, Old Age Benefit, Invalidity Benefit, Employment Injury Benefit, family Benefit, Maternity Benefit and Survivor's Benefit. Thereafter, the concept of social security has been further widened, encompassing the provisions for housing, safe drinking water, sanitation, health, educational and cultural facilities and also a Minimum wage, which can guarantee workers a decent life and formulated a number of Conventions and Resolutions amplifying and extending the scope of various Social Security measures and the concept.xii In1994, in UNDP Human Development Report, the importance of Social Security was narrated and a broader concept of social security was drawn.

Table 1: Important social security development in the world
S. N
Year
Developments of Social security
Patronised by
1
1789
French Revolution: Liberty, Equality, Fraternity
France
2
1944
Versailles treaty and creation of ILO
Germany and Allied powers of World War I
3
1948
Article 22 of UDRR, declared on 1948
UNO

4

1952
Provisions were made for Medical Care, Sickness Benefit, Unemployment Benefit, Old Age Benefit, Employment Injury Benefit, Maternity Benefit etc.
ILO Convention No.102
Social Security (Minimum Standards) Convention, 1952
5
1994
UNDP Human Development report, on Human Security
UNO

Apart from these initiatives, many countries have adopted several policies supporting social security. Different regions of the globe have been reacted in different ways, responding to its social security measures. John Turner, in his work “Social security development and reform around the world” highlighted the developments and reforms on social security adopted by various regions in different point of time. It is seen that the six regions viz Africa; Asia and the Pacific; the Middle East; Latin America and the Caribbean; Central and Eastern Europe and Central Asia; and the high income countries of the Organisation for Economic Co-operation and Development (OECD), have different history of social security. It is noticed that while there are some distinctive characteristics of the social security systems in particular regions of the world, within each region there are also considerable differences. Social security systems are being reformed to adjust and meet the needs of changing economic circumstances and aging populations in all the regions.

Table 2: Expenditure on Social Security Benefits as % of GDP in 19931
COUNTRIES
Poverty * (% of Total Population) (1995)
Expenditure on Social Security Benefits as % of Gross Domestic Product (GDP) (1993)
INDIA
35
0.3
BANGLADESH
46
0.02
PAKISTAN
29
0.2
SRILANKA
22
2.5
John Turner, in his work, found some conclusions about reforms and adoption of social security. To him “Some general conclusions can be drawn about social security reforms. First, the dominant form of social security around the world continues to be the traditional defined benefit social security program. Second, there is a trend in some regions of the world towards incorporating a defined contribution program as part of social security. This has occurred most strongly in Latin America and in Central and Eastern Europe, but has also occurred in the OECD region. Third, in Africa, the Middle East, and most of Asia, there has not been a trend towards defined contribution plans, and in some cases there has been the reverse trend, from provident funds towards defined contribution social security programs. Fourth, over time there has been a trend towards more countries having some form of social security program. There still are a few countries, however, without a national social security program. Fifth, in much of the world, the most pressing social security issue is not the debate between defined benefit and defined contribution programs but the need to cover a substantial portion of the workforce. The majority of the workers around the world still do not participate in a social security old-age benefits program. Sixth, in countries with social security programs, a number of countries have made changes within the structure of those programs to deal with population aging. A number of countries have increased the age of early or normal retirement or have encouraged the postponement of retirement. A number of countries have changed the way that benefits are calculated so as to reduce the generosity of benefits.”xiii

Chart 1: Public Expenditure on health as percentage of total health expenditure, 1997-19982


Hence, in a global perspective, social security debate has emerged long before and with the flow of time, it has reached the present stage. The experiences are different in different regions, which have enhance the notion in shaping itself as one of the most debated concept of the century, we are living.

Social Security in India:
India, due to its geographical area and diversity bears a complex character of Social Security. The history of political economy in both colonial and post-colonial periods has designed the country in a way that it has produced such a kind of social security model. “We cannot simply borrow a social security policy design that has been successful in some other developed or developing country. We need to critically evaluate the experiences of both developed and developing countries in order to gain insights into the nuances and interplay of different factors within the overall design of their social security schemes.”xiv But it can be generalised from the complex nature that, India’s social security model is a formal system of social security which is sponsored by the state. It is both need based and right based security, which is viewed as an integral part of the development process.
The Indian Constitution in the Preamble, Fundamental Rights, and in many parts, directly or indirectly, has made provisions for social security. It is listed in the Concurrent List of Indian Constitution, signifying the responsibility of both the Centre and States in this sphere. In the Constitution, Item number (23) of ‘Concurrent list’3 and in point number (h) of ‘Additional powers of the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council’4 mention that “Social security and social insurance; employment and unemployment”, wherefrom constitutional arrangement for providing social security can find out. Apart from these, the Constitution of India under the “Directive principles of State Policy (DPSP)” in article 41 provides that “the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness & disablement, and in other cases of undeserved want.”5 There are two more Articles in DPSP mentioning about social security in Indian constitution. “Article 42 and 43 provide for endeavouring to secure for workers a living wage, humane conditions of work, maternity relief, a decent standard of life and full enjoyment of leisure and social and cultural opportunities.”xv
Concentrating on the reforms and developments of social security in India, we can broadly categories it in two large phases, the pre-liberalisation period and the post- liberalisation period. The pre- liberalisation period was the period of 1947 to 1990, when the state occupied a central figure in providing security to the people. The post- liberalisation period started in 1991, with the adoption of Liberalisation, Privatisation and Globalisation policies by the state, which has curtailed the role of state in ensuring welfare and social security to the fellows.

Social security in Pre-Liberalisation phase:
The post independent period, the Nehruvian model of economy, has experienced a mix character of social security, which continues till the adoption of new economic policies in 1991. This phase witnessed the investment in social security schemes by the state. In this period, several steps towards social security, especially social security in the context of organised sectors. However, these measures were limited only to organized sectors, leaving the majority of the work force to earn wages through unorganized labor markets. The social security measures in India in that phase were partially addressed, as the Government of India has incorporated or continued various Acts likexvi:
  1. Employment State Insurance Scheme, 1948;
  2. For measures for Old Age, Invalidity and Death: Coal Mines Provident Fund Bonus Scheme, 1948;
  3. Safety Health and Welfare of Dock Workers (The Dock Workers Regulation of Employment Act, 1948);
  4. For measures for Old Age, Invalidity and Death: Employees Provident Fund Act, 1952;
  5. The Lay-off and Retrenchment Compensation (Industrial Dispute Act, 1947 with amendment in 1953);
  6. Maternity Benefit Act, 1961;
  7. The Old Age Pension Scheme (The Family Pension Scheme, 1964).
  8. For measures for Old Age, Invalidity and Death: The Assam Tea Plantation Provident Fund Act, 1965;
  9. For measures for Old Age, Invalidity and Death: The Seamen's Provident Fund Act, 1966.
  10. The Survivorship Pension Scheme, 1971;
  11. For measures for Old Age, Invalidity and Death: Employees Family Pension Scheme, 1971;
  12. Social Security Measures under consideration:
  13. Gratuity Trust Funds
  14. Unemployment Insurance
  15. Integrated Social Security Scheme
These Acts and schemes from time to time have been discussed and amended as per as needed. Apart from these, a social security division, under the Ministry of Labour and Employment, has also been set up, which mainly focuses on framing policies for social security for the workers of organized sector. Besides these, many more schemes encompassing the larger context of social security was adopted in this phase.

Social security in Post-Liberalisation phase:
After looking the developments since 1947, it can be seen that along with several welfarestic programs of social security, India has also reformed many Acts in favour of providing social security. This trend continues till 1980s. But the economic reform in1991 has changed the picture of social security in India. The adoption of liberalisation, privatisation and globalisation has downsized the role of state which has resulted in decline of social security investments. So it is seen that in formal social security arrangements, which covers healthcare, accidents and old age benefits, covers only 8% of the workforce and another 6 % of workforce is believed to be covered under sort of social security mechanism.xvii In his keynote address, titled 'Expanding social security in the neo-liberal world: India's tryst with rights-based approach,' Professor Ravi Shankar Srivastava of JNU's Centre for the Study of Regional Development delivered at Guelph University, discussed the lack of social security in India, more so for the poor. He said, "India's social security expenditure is a relatively small part of GDP and total public expenditure - approximately 3.6 to 4.8 percent in the former case and 12 to 16 percent in the latter - depending on the items one chooses to include in the rubric of social security,"xviii In the last decade of twentieth century, India had able to gallop in case of economy where Gross Domestic Production (GDP) raised up to 10%. But this model of development failed to include the common masses. This has led people to question the development model and neo-liberal policies of the Indian state. On the backdrop of such criticism and dissatisfaction among the Indian mass, social security and social welfare policies such as National Rural Employment Guarantee Act (NREGA), Natioanl Rural Health Mission (NRHM) etc. were adopted by the government.xix
In the earlier phase till 1990s, the Indian discourse on expansion of social opportunity was not rights-based. But this phase has experienced some rights based approach to social security. In this phase, many rights based initiatives were taken towards social security. Right to Education, right to health care under NRHM, right to employment under NREGA are few instances for right based social security programs in India
Broadly, in this phase the following are the priority areas of investment in social security. D Rajasekhar, in his presentation titled ‘Social Security in India: Status, Issues and Ways Forward”, presented at International Conference on Social Security System in Developing and Newly Industrialising Countries: Utopia or Strategy for Keeping Peace and Fighting Poverty, Germany in September, 2007 highlighted categories of social security programs in India. To him Promotional social security, Protective social security, Social Assistance, Health and Social Insurances are major categories of social security investment.

Initiatives:
In post reform era, especially in twenty first century governments have made some reforms. These reforms include economic security, food security, health security, environmental security, personal security, community security and political security which UNDP Human Development Report, 1994 has identified as core areas for social security. These reforms have resulted in programs like-National Rural Health Mission, Pradhan Mantri Swasthya Suraksha Yojana, Rashtriya Swasthya Bima Yojana for the unorganized sector poor, Universalizing rural sanitation, Affordable essential drugs etc. for health security. Expansion of education outlay, program on school education for all under Sarva Shiksha Abhiyan, access to higher education etc. are designed for providing educational security.
Apart from these, Inclusive agenda for minorities like Prime Minister’s new 15-Point programs for the Welfare of Minorities, Institutional strengthening for minorities, empowerment of women, caring for senior citizens are taken in this phase. MGNREGA, welfare of workers in the unorganized sector, Aam Admi Bima Yojana, Rashtriya Swasthya Bima Yojana, Indira Gandhi National Old Age Pension Scheme, Rajiv Gandhi Shilpi Swasthya Bima Yojana, are also some steps towards social security. Bharat Nirman, agricultural development, national food security mission are some steps for economic security. Unorganised Sector Social Security, Protection of environment and climate change, water conservation, Disaster Management Act of 2005, rehabilitation and reconstruction activities also reflect the social security indicators mentioned in UNDP report.
Besides these, the Employees’ Pension Scheme, 1995 is also a contribution to social security. This scheme provides freedom from want after retirement to the service persons. All these policies and programs have tried to provide some sort of social security in India in this century.

Table 3: Few major social security initiatives
Sl.No
Policies/Acts
Year
1
Employees’ Pension Scheme, 1995
1995
2
Sarva Shiksha Abhiyan
2001
3
NRHM
2005
4
NREGA/MGNREGA
2005
5
Unorganised Sector Social Security Bill,
2007
6
The Right of Children to Free and Compulsory Education Act
2009
Sources: UPA Government Report to the people, 2004-08, 2009-2010.

Some more ideas on the social security scenario in India may be generated by going through budgets of government of India. The expenditures in social security measures in the government budgets since 1990-91 indicate the nature of social security arrangements. Study of few budgets of this phase tells the following stories.

General Budget 2000-2001: In this budget following steps were taken6:
  • New initiatives for universalization of elementary education includes a new scheme “Sarva Shiksha Abhiyan” to enable enrolment of all children by 2003.
  • National Literacy Mission to be revamped to achieve 75 per cent literacy by 2005.
  • A new scheme “Pradhan Mantri Gramodaya Yojana” to be launched for implementation of time-bound programs for rural people. Rs. 5000 crore provided for the scheme.
  • 25 lakhs dwelling units to be provided in rural areas.
  • Indira Awas Yojana to provide 12 lakhs houses (. Rs. 1,501 crore) for the people of BPL.
  • A new Group Insurance Scheme “Janashree Bima Yojana” to be introduced
  • Allocation for Reproductive and Child Health Program to be increased to Rs.1,051 crore
  • Funds for developing Indian System of Medicine and Homeopathy doubled to Rs.100 crore.
  • Allocation of food grains to below poverty line families under PDS doubled.
  • No allocation of sugar under PSD for Income Tax assesses.
  • Fertilizer subsidies to be rationalised.
  • General budget 1997-98: Highlights:
General Budget 2004-2005: Highlights7:
  • To fights against poverty and unemployment additional provision of Rs 10,000 crore for Gross Budgetary Support
  • Investment in Education and Health sector
  • Importance in agriculture and rural Economy like investment in Rural infrastructure, irrigation, water harvesting.
  • Rural Household schemes like Indira Awas Yojana (2247 crore)
  • Reforms in pension, Public Distribution System, Gender Budgeting were key features of social security
General Budget 2009-2010: importance given to8:
  • Allocation under NREGS increased by 144 per cent to Rs.39,100 crore in 2009-10 over 2008-09.
  • National Food Security Act to be brought in to ensure entitlement of 25 kilo of rice or wheat per month at Rs.3 per kilo to every family living BPL in rural or urban areas.
  • Allocation for Bharat Nirman increased by 45 per cent in 2009-10 over 2008-09.
  • Allocations under Pradhan Mantri Gram Sadak Yojana (PMGSY) increased by 59 per cent over 2008-09 to Rs.12, 000 crore in 2009-10.
  • Under Rajiv Gandhi Grameen Vidyutikaran Yojana (RGGVY), allocation increased by 27 per cent to Rs.7,000 crore.
  • Allocation under Indira Awaas Yojana (IAY) increased by 63 per cent to Rs.8,800 crore in 2009-10.
  • New scheme Pradhan Mantri Adarsh Gram Yojana (PMAGY) with an allocation of Rs.100 crore launched on pilot basis for integrated development of 1000 villages having population of scheduled castes above 50 per cent.
  • Swarna Jayanti Gram Swarozgar Yojana restructured as National Rural Livelihood Mission.
  • Allocation under National Rural Health Mission increased by Rs.2,057 crore over 2009-10 of Rs.12,070 crore
  • In furtherance to National Action Plan on Climate Change, eight national missions representing a multi-pronged long-term and integrated approach to be launched.
General Budget 2011-2012 and some social security investments9:
  • Allocation for social sector in 2011-12 (` 1,60,887 crore) increased by 17 per cent over current year. It amounts to 36.4 per cent of total plan allocation
  • Allocation under Rashtriya Krishi Vikas Yojana increased from 6,755 crore to 7,860 crore
  • National Food Security Bill to be introduced in the Parliament during the course of this year
  • Allocation for Bharat Nirman program proposed to be increased by ` 10,000 crore from the current year to ` 58,000 crore in 2011-12.
  • Allocation for education increased by 24 per cent over current year.
  • 21,000 crore allocated to SSA, which is 40 per cent higher than Budget for 2010-11.
  • Plan allocations for health stepped-up by 20 per cent.
  • Investments in environment protection

Thus from the above discussion, we can say that India has given importance to social security throughout its planning and so in budgets. There has been a continuous effort made by government to bring social security in India. But these investments are not constant and a diminishing curve can draw in India’s social security investments in last few years. The following table portraits the actual picture of India’s social security picture and its graph.


Table 4: Investment in social security programs since 2005-0610
 Sector
2005-06
2006-07
2007-08
2008-09
2009-10
1. Agriculture
7,690.15 = 1.5%
9,675.14 = 1.72%
10,845.3 = 1.59%
14,632.04 = 1.95%
12,255.83 = 1.19%
2.Manufacture
5,012.52 = 1%
6,359.32 = 1.12%
7,376.65 = 1.08%
9,353 = 1.25%
15057.31 = 1.46%
3. Defence
83,000 = 16.14%
89,000 = 15.78%
96,000 = 14.06%
1,05,600 = 14.06%
1,41,703 = 13.78%
4. Service
40,806 = 7.93%
4,564.39 = 8.03%
78,298.21 = 10.43%
1,26,166.82 = 16.8%
1,15,045.4 = 11.19%
5.Interest payment & debt servicing
1,33,944.86 = 26.04
1,39,822.6 = 24.79%
1,58,994.93 = 23.36%
1,90,807.47 = 25.41%
2,25,510.86 = 21.94%
6.Infrastructure
18,471 = 3.59%
28,505.61 = 5.05%
48,223.78 = 7.09%
38,375 = 5.11%
39,771 = 3.87%
7. Social
65,584 = 12.75
1,16,127.47 = 20.59%
1,06,970 = 15.72%
1,22,358.5 = 16.3%
1,91,830.77 =18.66%
8. Railways
7,996 = 1.56%
7,878.29 = 1.4%
32,597 = 4.79%
10,081.59 = 1.34%
15,800 = 1.54%
9. Subsidies
47,424.46 = 9.22%
46,213.52 = 8.19%
54,557.89 = 8.02%
71,430.6 = 9.51%
1,11,275.88 = 10.82%
10. Others
1,04,257.53 = 20.27%
75,180.02 = 13.33%
94,320.14 = 13.86%
62,098.07 = 8.27%
1,59,849.08 = 15.55%
Plan total
1,72,500
1,72,728
2,05,100
2,43,385.5
3,39,398
Non-plan total
3,70,847
3,91,263
4,75,420.51
5,07,498.03
6,88,634
Grand total
5,14,344
5,63,991.13
6,80,520.51
7,50,883.53
10,28,032
Bharat Nirman
12,160 = 2.36%
18,696 = 3.31%
2,460 = 3.62%
31,280 = 4.17%
45,356 = 4.41%
Figures shown in the table are in crore in Indian rupee and percentages

Challenges:
The initiatives for social security, both in constitutional level and non-constitutional level in India, have tried to bring social security in India. But these efforts have not succeeded in ensuring social security as it has faced several challenges. Circumstances like control of global financial aid and control over social security investments through SAP, the un-sustaining nature of investment, adoption of market economy, capitalist mode of production, plurality of needs etc. have challenged the social security programs in India. Diminishing nature of budget in social security, gross scale corruption, inadequacy of rectifying agency also has put forward challenges in maximising social security to people.
Another challenge in providing social security is the organized work sector. In organized work sector, the problems are of aged and the aging population. The increasing nature of aged population, mainly dependent on other aged group of the population is a challenge to social security. Madhava P Rao in a report stated that, “While the increasing labor force in the country and the decrease in the organized labor in proportion to the growth is a major challenge to the social security systems in the country, the growth of the aged population which is either dependant on the young or unemployed or working for food during the evening yeas of their life is another challenge to the social security systems in the country.”xx
Economic reforms and advocation of private intervention in social security has also posed threat in bringing social security in India. The result of economic reform has just not downsize the state, nor even disinvestment, but simply deregulates certain areas which stand as challenge to social security.xxi Again, the ratio between traditional and non-traditional security investment, where the former occupies a superior position than its necessity also emerged as a challenge to social security. Investment in traditional defense security leads to disinvestment in non-traditional social security. The table 4 indicates this very clearly.
To briefly sum-up, these are the experiences of challenges that India is witnessing in social security. This is more so in the post reform era, where threats are more viable due to minimal state strategy. The challenges in this period, due to less attention by the state, have affected the poor people of the nation as they lost their state shelter. But the positive changes of coalition government have brought some rays of hope in this new century. 'The Congress led UPA government, as a part of its Common Minimum Program, has introduced several programs and policies which have elevated the role of state.”xxii And it has also increased the state attention in social welfare and social security.

Conclusion:
From the above discussion it can be sum up that the concept Social Security has originated long before. The French revolution, Treaty of Versailles, UDHR, ILO declarations, UNDP Human Development Reports, etc have contributed in the emergence of the concept of social security. In India, the Constitution of India especially in the Preamble, Fundamental Rights, Directive Principles of State Policies and in concurrent list made provisions for social security. In implementation of these provisions, Indian experiences can be categories in two phases, the first in pre reform era, when state as a welfare state contributed to social security. In the second phase, the liberalization of economy has downsized the role of state in social welfare and social security. But in the twenty first century, the state and governments with Common Minimum Program resumed the social security investments. Despite of all these initiatives, there are still some challenges posing threat to social security, and they need timely intervention so as to maximize social security outcomes of the state.
Regarding social security, Amartya Sen has said, "If you have social security properly entrenched, social security in terms of education and health, that way you will have more efficient and productive workforce. In other words, good social development can eventually be very positive for economic growth."xxiii Thus, there is a strong need for social security in India, but with a holistic and progressive approach along with proper implementation.
References:
1 http://www.icsw.org/global-conferences/social-securities.htm
2WHO Geneva, world Health Report, 2001
3 Government of India; Ministry of Law and Justice published, The Constitution of India (as modified up to the 1st December, 2007) pp-327
4 Government of India; Ministry of Law and Justice published, The Constitution of India (as modified up to the 1st December, 2007) pp-294
5 Government of India; Ministry of Law and Justice published, The Constitution of India (as modified up to the 1st December, 2007) pp-22
6General budget, 2000-2001
7General budget, 2004-2005
8General budget, 2009-2010
9 General Budget 2011-2012
iCurrie, Bob,(2001): 'Political Authority, Public Deliberation, and the politics of Poverty Reduction', in Jayal, N. G. & Pai, S (ed) Democratic Governance in India, challenges of poverty, development, and identity, Sage, New Delhi, pp-66
iihttp://samaj-thesociety.blogspot.com/2011/06/mnrega-and-social-inclusion-of-women-in.html
iiiDutta, A.R,(2009); Introduction: Changing Paradigms of security discourse in North-East India, in Dutta (ed) Human Security in North-East India: Issues and policies, Anwesha, Guwahati, pp-20
ivJolly, R. & Ray, DB, (2006): The Human security Framework and National Human Development Reports: A Review of Experiences and Current Debates, UNDP, pp-4
vJolly, R. & Ray, DB, (2006): The Human security Framework and National Human Development Reports: A Review of Experiences and Current Debates, UNDP, pp-4
viSrivastava, Ajay & Mitra P.P (2009): Social security system in India, Classical Publishing Company, New Delhi, pp-11
viiSrivastava, Ajay & Mitra P.P (2009): Social security system in India, Classical Publishing Company, New Delhi, pp-11
viiihttp://www.icsw.org/global-conferences/social-securities.htm date27/08/2011 at 20.23
ixSrivastava, Ajay & Mitra P.P (2009): Social security system in India, Classical Publishing Company, New Delhi, pp-14
xLevin, Leah (2008): Human Rights; Questions and Answers, NBT, New Delhi, pp-119
xiYasin, Adil-ul & Upadhyay, Archana (2006): Human Rights, Akansha, New Delhi, Pp-131
xiihttp://www.icsw.org/global-conferences/social-securities.htm date27/08/2011 at 20.23
xiiiTurner, J (2001): Social security development and reform around the world, Public Policy Institute, Washington, DC, pp-33-34
xivPant, KC (2003): India’s development Scenario: Next Decade and Beyond, Academic foundation, New Delhi, pp-215
xvKashyao, S. C (2001): Our Constitution: An Introduction to India’s Constitution and Constitutional Law” NBT, New Delhi, pp-158
xvihttp://www.icsw.org/global-conferences/social-securities.htm date27/08/2011 at 20.23
xviihttp://www.rediff.com/money/2006/nov/29india.htm
xviiihttp://www.rediff.com/money/2006/nov/29india.htm
xixhttp://samaj-thesociety.blogspot.com/2011/06/mnrega-and-social-inclusion-of-women-in.html
xxRao, MP (2005): Social security administration in India-study of provident funds and pension scheme, Munich Personal RePEc Archive, online
xxiJayal, NG, (2001): Reinventing the state: the emergence of alternative models of Governance in India in the1990's in Jayal, N. G. & Pai, S (ed) Democratic Governance in India, challenges of poverty, development, and identity, Sage, New Delhi, pp-66
xxiihttp://samaj-thesociety.blogspot.com/2011/06/mnrega-and-social-inclusion-of-women-in.html
 
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