ABSTRACT: India faces varied social issues like child labour, caste, creed, bribes, health care, rape, poverty, gender-based violence, and unemployment. Poverty is the most vital issue. Poverty is the failure to get enough money for the basic requirements of their survival, such as food, shelter, clothing, healthcare, and education. Poverty includes emotional, cultural, and political aspects besides socio-economic elements. India is the second largest populated country and the vital factor is poverty. It mostly impacts rural areas poverty is the consequence of three things: economic dependence, economic insufficiency, and economic inequality. The horrible reality of our society remains while more people are talking about social issues but not cooperating to solve them. There are many issues in a society where every person is affected.
INTRODUCTION: A social issue is an issue that adversely affects the individual’s personal or professional lives and the well-being of communities and nature, and causes are challenged by the individuals. They are complicated and lack one official source that has been accepted by many experts. Addiction to alcohol and drugs are the main examples of social issues and these are personal problems of the individuals in this country. Addiction becomes a social issue when the person’s conditions of addiction increase to involve a vast population within society. Social issues a vital issues in India that need an immediate solution to overcome these problems in society.
RESEARCH AND METHODOLOGY: I have used a few resources to write my research paper. I analyzed the topic by using the resources collected the data made points according to the topic and wrote it. I chose to first read what are social issues and what the types of social issues and their impact on society with the help of these resources I have read. The paper is about the social issues and impact in society a country faces. Poverty is a vital issue in India and the government is taking measures to overcome this issue. India is not able to resolve this issue because of overpopulation in a country like India. In this paper, I have written the law facing issues in the implementation of the rules and regulations due to overpopulation. This paper helps us to know that social issues in India are a great challenge in modern society, How India is facing the challenges with the present society and how they are trying to overcome these challenges in the modern society which is a great challenge.
SOCIAL ISSUES:
- POVERTY: As India is an overpopulated country poverty is a vital problem where they are unable to fulfil the basic necessities in life like food, shelter, and clothes. It is a social issue that significantly hinders the progress of our nation due to the unequal distribution of income and resources, overpopulation, unemployment, less agricultural productivity, etc. To tackle this problem Subsidies and bank credit became accessible to rural employment opportunities in 1978 under the Mahatma Gandhi National Rural Employment Guarantee Act (MNGERGA) and Integrated Rural Development (IDRP). Over a period of 10 years, poverty rates have fallen, according to the UN’s Global Multidimensional Poverty Index.
- CASTE: In India caste is a social issue. India has a caste system in one way it has existed for at least 3000 years. It is the social hierarchy that descends through families and holds the authority to figure out one’s capacity and social issues. although being a true fact the hierarchy of castes originated from Hindus. The caste system is a problem in India because it creates problems in the reservation of seats in education and employment. Dr. B.R. Ambedkar fought for the Dalits and their equal rights in the country. To eradicate untouchability Ambedkar made reforms and linked the Vedic information regarding women, saying every man and woman should be on equal footing regardless of religion and caste. He also said that political and constitutional reforms can be successful in eradicating untouchability. He wanted to bring changes in the family system and caste should not be cared everyone should be treated equally. Still, the Dalits continue to be vulnerable to discrimination in employment, and education and while receiving public services. They often suffer violence, including rape and murder a consequence of their bravery in speaking up to defend their rights. India’s democracy and social justice suffer from obstacles including caste discrimination, the government, and civil society communities’ greatest efforts.
- GENDER-BASED VIOLENCE: A system of unequal power between men and women is the foundation of violent acts of abuse that take place against a person’s will and are often referred to as gender-based violence. It has varied issues like sexual assaults, female genital mutilation, rape, child trafficking, women trafficking and abuse. An organization among Shia Muslims, Female Genital Mutilation (FGM) or female circumcision. Ms. Sunita Tiwari, the petitioner, who is a lawyer argues that since the practice is biased against women, encourages inequality. It is an extreme violation of children’s rights since all victims are minors. The petitioner argues that the right to have dignity of life is provided under Article 21 of the Indian constitution of 1950. The Union of India is compelled by Article 39 to protect its citizens. The state has not enacted laws regulating FGM and has failed to fulfill its duty to protect women. One of the primary groups considered to be the most vulnerable to human trafficking is women. They are abducted and sold for the purpose of sexual or commercial exploitation in every country on the earth.
Human rights and governmental categories believe that women’s trafficking is a serious breach of violation of human rights which demands attention because of the deep aspect of human trafficking. A serious crime and a grave violation of human rights signifies what human trafficking is. Thousands of men, women, and children have been taken for ransom by traffickers every year. Article 3 paragraph ( a) of the protocol to prevent, suppress, and punish trafficking persons. There are 2 laws for trafficking and prostitution:
- The Suppression of Immoral Traffic in Women and Girls Act of 1956(SITA),
- The Immoral Traffic (Prevention) Act of 1986 (ITPA)
According to a recent report suggests that women from different regions of India are easily trafficked to other countries and bought and sold. They are treated terribly and are exploited, abused, and forced to do sex work. They are infected with diseases like HIV, and AIDS. Trafficking is a global issue and it involves a severe violation of human rights, economic empowerment, and social justice. there is an increase in the number of women and girls in India who are sold as commodities as the female ratio is low and more than male hence they are forced to marry.
The Ministry of Women and Child Development (MWCD) has introduced several initiatives in a bid to eradicate the trafficking of women and children the aim of the 1998 National Plan of Action to Combat Trafficking and commercial sexual exploitation of women and children was to mainstream and integrate trafficking victims. It also runs shelter-like stay homes for women and girls in difficult times. The UN protocol includes numerous provisions aimed at eradicating slavery and human trafficking implementing policies, regulations and other actions to eradicate the trafficking of people and protect victims from being turned into potential victims is an exception among all state parties.
Even children are trafficked in India deeply and the girls are forced into the sex trade as the parents are misled or deceived through terrible socio-economic conditions that eventually lead parents to send their young children into slavery. Most human traffickers make use of the illiteracy of the uneducated and poor who live in the nation’s slums and other backward places. Parents of young children are deceived into major towns by traffickers who promise them a daily wage and abuse them as commodities. Child trafficking is caused by a lack of education, demand for child labour, and gender discrimination.
- DRUG ABUSE: Drug abuse has become an international concern that impacts all parts of the globe. Drug abuse has grown into a serious problem that has adverse effects on the country’s welfare and socio-economic well-being. It has an important effect on public health across multiple aspects of society. In India drug addiction is an epidemic among the younger generations is a worrying form. The stress and pressure of modern life have raised drug abuse problems. Alcohol and drug addiction affects not only the individual the addict but also their loved ones and the bigger society. The scope of the problem of drug use among youngsters remains to rise higher than that of older according to the United Nations Office on Drugs and Crime (UNDOC) 2018 report on drug use among the general population. Nevertheless, there have been recorded exceptions while Consuming traditional illicit drugs like opium. As per the findings, a good deal of research on early adolescence that it is a risky time for the initial stages of drug abuse can witness a peak in substance use. The National Action Plan for Demand Reduction (NAPDDR) was established by the Ministry with the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and the NDPS Policy 2012. Through the collaborative efforts of the Central and State Governments and Non- non-governmental organizations, NAPDDR aims to zero in on preventive education, awareness generation, identification, counseling, treatment, and rehabilitation of drug-dependent persons as training and capacity building of the service providers. The responsibility of implementing NAPDDR’s ideas has been assigned to the National Institute of Social Defence (NISD) a separate organization under the guidance of MSJ&E. Conducting raising consciousness and education initiatives and also offering orientation and capacity-building training to various target groups is one of NISD’s main responsibilities under NAPDDR.
- UNEMPLOYMENT: Primary education and vocational training are dismissed in our insufficient system of education. The vast majority of teenagers who get access to educational institutions are middle class and are the people who earnings the most through education. Anywhere in the entire globe unemployment takes place when somebody who is willing to work is struggling to find employment that pays adequate to their basic needs. Unemployment occurs due to a lack of literacy rate and lack of education working in various fields, overpopulation is the main reason for unemployment as every person cannot have employment which also leads to poverty.
- HEALTH CARE: It is fair to state that the most populous democratic country on the globe can not afford to provide sufficient medical care for everyone for its citizens. In India infrastructure, IT, and agriculture get greater attention than healthcare. The most of the problems in rural India are brought about by a lack of resources which has become a concern at present. The Indian government has initiated a varied no of projects to improve the nation’s health care system. The National Health Mission improves the availability of medical supplies and equipment Despite these challenges, the Indian Healthcare system has advanced greatly in recent years. The Indian Health care system encounters are being tackled by these government initiatives, programs, and restrictions that further improve everybody’s access to excellent health services.
- CHILD LABOUR: it is a harsh reality and the extent that comes with its exploitative aspects may be reduced to some extent. The Harsh reality of child labour develops from the fact that provided the present stage of development in the country, many parents are compelled to send their children to work in order to supplement their income and the cash that they make from child labour. Yet engagement is essential to households to stay alive poverty argument. It is believed that the early years are the most beautiful period of an individual life. The children are compelled to go to work due to financial crises and to meet the financial needs of the family.
SOCIAL CONCERNS IN INDIA THROUGH A LEGAL LENS:
Law practices and their linguistic performances provide the tentative majority of political and social elites along with its contestation have been linked to an increasing and prevalent culture of legality and the increasing function played by the courts. The aim of the PIL was to fight claims of corruption and offer Indians, especially the poorest, greater access to justice as part of the democratization of the legal system in India. contrary to the consensus that it is a separate discipline, law is a social institution that is deeply rooted in social life. That could be because to some extent debates regarding autonomy and the complicated nature of the law. the constitution of India helps to abolish the social issues in the country by inserting laws for them. Despite the provisions of the law, there are still social issues in the country like caste discrimination in the form of violence, discrimination in the job environment, and education. Rape, honor killings, domestic violence, etc are still in society despite the regulations provided by the law. religious intolerance and communal violence are major problems. where the minority groups are discriminated against and misused by the majority groups. At present the law is taking action and amending the laws to protect society and the people of the country from injustice. In many different kinds of social and political environments from family and social relationships studies deal with these types of issues by using the lens of law as a perspective on society offering access to sometimes secret situations that might be difficult for another person to document and as a filter through which social issues have to be shaped beforehand being legal issues. India has a sophisticated legal framework that includes an extensive array and social issues. However, issues of poor implementation, social rules lack of understanding, and corruption often make these laws less efficient. To effectively tackle these social difficulties it will be essential to encourage social shifts, increase public awareness, and strengthen law enforcement. Judicial archives have been used for years by historical investigators to access the cultural grammar of the society to a specific time as well as to studies on the history of law or quantitative approaches to crime and violence. The concepts of religion and modern Indian law highlight the enduring and ultimately indigenous essence of religious law in modern law. as a socio-cultural process that allows dispute resolution methods and includes both government power and resistance from it. This point of view can be done to look into the investigation of the legal issues and how the public communicates with the courts and how they are influenced by the decision of the court. Law and society in India may be useful to influence the seven studies of the issues, one may just identify a few wide orientations. The social issue also includes the degradation of the environment and how the law deals with the degradation of the environment and sometimes the regulation of the environment is not implemented. The regulations in the country are sometimes not implemented which created chaos in the country by protests and social campaigns. Due to the increase of the urbanization, the law is not able to be implemented the laws and give the opportunities to all the people which leads to injustice to the person. There are legal constraints in the country due to the increase of the social issues in the present world. The law is trying to tackle them with implementation the of laws. Despite terrible delays poor infrastructure and widespread of corruption the judiciary often functions as a hope to many people. The modification relationship between caste and culture and stare law through the lens of colonial court treated caste punishment. Problems of caste ban have come before the courts regardless of the initial adoption of the concept of caste autonomy from civil courts in matters of its own regulations especially when it became the part of the conflict between reformist and more conservative members of a caste. Highlights the role of the courts in promoting and managing environmental law through writ petitions and PILs. Social problems often end up in an excessive number of court cases that add to the backlog of judges and lead to delays in the court system. This affects the judiciary’s authority and slows the timely delivery of justice. Social conflict and instability can be a result of weak legal measures and biased law enforcement that in turn can encourage religious and communal violence. Due to socio-economic restrictions and lack of legal understanding vulnerable individuals at times face problems in seeking legal solutions, which often results in unresolved grievances. By limiting dissent and limiting freedom of expression, laws concerning to sedition, defamation, and public order are misused destroying democratic values and restricting social and political discussion. The public’s trust in democratic institutions and the legal system is harmed by authorities’ frequent misuse of power and lack of accountability.
INFERENCE: In my opinion, Vulnerable individuals tend to be misused and harmed as a result of poor implementation of the law against forced labor and human trafficking. The implementation of laws and policies such as labor laws, and land reforms in an unfair way increases economic inequality and hinders efforts at reducing poverty. The rule of law is weakened by unequal implementation of the law. Due to social biases and corruption, violence against gender and caste-based discrimination often go unpunished destroying belief in the legal system. Watchfulness may be utilized by the people in areas having poor or biased law enforcement that could further damage the system of law and increase violence. Legal views on social problems in India have vital and broad consequences that affect the country’s social and economic growth. A varied approach is implemented to address these problems which include stronger law enforcement changes in legislation, public awareness efforts, and social change programs. A more just and equitable society could only be created through the active participation of all stakeholders in solving these vital social issues through the effective implementation of the law.
CASES:
State of Kerala v. N.M. Thomas (1976) where the Supreme Court ruled that it was illegal under Article 17 to refuse anyone employment due to their social status, caste or family amounted to untouchability.
State of Madras v. Champakam Dorairajan(1951) : In this landmark case the validity of the Madras Government Order of 1972 which assigned seats in government positions and education for people of particular castes was challenged. The Supreme Court decided that the exceptions violated either Article 17’s ban on untouchability or Article 14 on assurance of equality.
Bachpan Bachao Andolan v. Union of India: In this landmark, the Supreme Court divided the trafficking complaint with the United Nations Convention against Transnational Organisation crime’s optional protocol and recognized it as an organized crime (UNTOC). In addition, it had been decided that no child should be refused the fundamental rights provided in the Indian constitution, compelled across child trafficking, or subjected to any type of emotional or physical abuse.
S.R. Bommai Vs. Union of India: In this case illustrated the significance in which state policies played in generating jobs, yet mainly dealt with the demise of state governments and the use of Article 356. The landmark decision of the court noted the need for states to work towards developing employment and ensuring economic stability to avoid abuse of constitutional safeguards.
Parmanand Katara v. Union of India (1989): it is a landmark decision of the Supreme Court that dealt with emergency medical care for individuals particularly people harmed in vehicle crashes. A major decision in Indian law that supports the basic rights to life and stresses the importance of getting urgent medical care. It has proved essential for developing emergency healthcare services regulations in India.
MC MEHTA V. STATE OF TAMIL NADU: It is a landmark case concerning child labour in India. The Supreme Court established extensive regulations with the goal of eliminating child labour, particularly among companies that present a danger to safety. The Supreme Court ruled that the government to conduct a survey in to identify and eliminate children who work in hazardous corporations. The saved children should have the opportunity for schooling.
CITATIONS:
Anuli, n.d. Human trafficking laws in India.
Harbishetta, V., 2014. Violence against women in India: Comprehensive care for survivors. august .
Iyer, D. R., 2015 . WOMEN TRAFFICKING IN INDIA- A CRITICAL ANALYSIS. october , p. 11 .
Kulik, R. M., 2024 . social issue. 27 march , p. 1 .
Kumar, A., 2023 . The Transformation of The Indian Healthcare System. 16 may , p. 1 .
kumari, S., n.d. Article 17: Abolition Of Untouchability In India.
Sinha, S., 2015 . AMBEDKAR’S ROLE IN THE ERADICATION OF UNTOUCHABILITY AND EMANCIPATION OF WOMEN. 2 june , p. 5.
Tarabout, D. B. a. G., 2018 . Introduction. Through the Lens of the Law: Court Cases and Social Issues in India. p. 1 .
Tiwari, A., 2023 . Human trafficking: Or a modern-day slavery. 25 august , p. 1 .
Visaria, P., 1970 . Unemployment in India in Perspective. july .
Visaria, P., 1970 . Unemployment in India in Perspective. july .
Wani, Z. A., 2020 . Social Issue’s in Modern Society a Great Challange in India.
SUBMITTED BY: BINDU SARASWATI
OP JINDAL GLOBAL UNIVERSITY