File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Impact Of Welfare Pension Schemes In India

India is considered to be a welfare state and moreover the largest democracy in the world.. Social Welfare has been at the centre of our policy making from the time of independence itself. From the First Five Year Plan itself Programmes and schemes have been launched related to social welfare issues as like agriculture and rural development, employment and labour welfare, healthcare, education, etc. Indeed in the initial 20-25 years in spite of scarcity of economic means the government was focussed on the welfare policies and inclusive development.

The Indian society emphasized on cohesiveness of the family unit which usually consisted of four or five generations living together without any consideration for the income of any individual member. In fact older people disabled, widows were accorded great respect and reverence by all member of family unit.

The arrangement for maintenance of dependence is existent from ancient times in almost all of the eastern civilization including Indian civilisaion. The concept of sharing and caring was not only practiced in the individual families, but it extended to other families of the village as well so much, so, there existed a constant peer pressure on the family of the village as well. As a matter of fact the financial constraints were an issue in the matter of caring old aged, disabled, widowed people.. The need for an exclusive law to take care of the elderly people was never felt in India.

It has been noted that even before the issue of elder protection received international attention, the architects of Modern India, were concerned about the well being of the elders, poor people, disabled and widows. The provision under Chapter III of the Constitution of India guarantees Fundamental rights to all citizens including the elderly and the provision under Chapter IV that details the Directive Principles of State Policy guiding the State to govern in the spirit of the Constitution hold testimony to this fact.

The concern for the poor, elders, disables is reflected in the Article 41[1] of the Constitution of India, which enjoins the state to secure the wellbeing of elders, poor, disabled etc. Every citizen of India is equal in the eyes of law and has a right to a standard of living adequate for the health and wellbeing of himself and his family, including food, clothing, housing and medical care and necessary social security and the right in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in the circumstances beyond his control.

Even as the State is mandated to provide assistance to the elderly by the Constitution of India, the international instruments to which India is signatory provided the stimulus for the government to create conditions to secure the safety and security of old aged, poor, disabled, widowed persons. A lot of welfare pension schemes like old aged pension, widow pension, disablement pensions are announced and pursued by the Government of India.

Article 41 of the Indian Constitution directs the State to provide public assistance to its citizens in case of 'unemployment, old age, sickness and disablement and in other cases of undeserved want within the limit of its economic capacity and development. Through state-level initiatives, many State Governments have expanded coverage beyond BPL households by relaxing eligibility criteria and increased monthly pension amounts using state finances.

Many State Governments have either stopped using the BPL methodology for identifying eligible beneficiaries or launched state-level pension schemes to increase coverage of social pensions beyond those living below the poverty line.. In India over the use of BPL status for identifying beneficiaries for social programs. This is especially true for social pensions where many poor elderly, widows and persons with disability are excluded from the scheme as their names are not on the BPL list. Many states have expanded coverage of pension.

Benefits issued by the state government and central government operate as a help for elderly people, widows, disabled people and their families who has no sufficient income to support their daily necessities. When he/she loses the ability to work due to illness, disability, old age, death or involuntary unemployment; the state and the central government provide small income to the poor people below poverty level.

The benefits granted by the government are classified into groups like old age pension, widow pension, disability pension etc. The monthly pension scheme for economically deprived beneficiaries, under which they were paid a pension has now been extended to cover the divorced, separated, abandoned, deserted and destitute women. In addition to widows there are large number of women in distress who are in desperate need of financial assistance.

As per the scheme, the monthly pension would get directly remitted in the bank accounts of these beneficiaries through the electronic clearance system every quarter. On reaching the age of 60, the pensioners in this case would be automatically be transferred to the Old Age Pension by including non-BPL individuals based on their annual income or using a simple exclusion criteria to exclude individuals with government jobs or those owning more than a certain amount of land. The study is also aimed at to adopt a adequate method for disbursement of the pension amount by appropriate agencies. .

Historical Analysis Of Welfare Pension Scheme

The welfare state is a concept of government in which the state plays a key role in the protection and promotion of the social and economic well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions for a good life. The general term may cover a variety of forms of economic and social organization.

The welfare state involves a transfer of funds from the state, to the services provided (i.e., healthcare, education, etc.), as well as directly to individuals (benefits). It is funded through redistributionist taxation and is often referred to as a type of "mixed economy". Such taxation usually includes a larger income tax for people with higher incomes, called a progressive tax. This helps to reduce the income gap between the rich and poor.

Constitutional Mandates Of Welfare Pension Schemes

The Preamble[2] of the Constitution of India declares India as a "socialist" country, and this term itself gives a substantial proof of the existence of social welfare responsibilities of the government. India is considered to be a welfare state and moreover the largest democracy in the world Social Welfare has been at the centre of our policy making from the time of independence itself.

Under the Indian Constitution the scheme for the social welfare is reflected in different provisions of the constitution. The words 'Socialist 'Secular" and 'Integrity were initially not there in the Preamble. These were added by the 42nd Amendment (1976) of the Constitution.

The Preamble proclaims that India is a sovereign state. Such a proclamation denotes the end of rule over India. It testifies to the fact that India is no longer a dependency or colony or possession of British Crown. As a sovereign independent state, India is free both internally and externally to take her own decisions and implement these for her people and territories.

In 1976, the Preamble was amended to include the word 'Socialism'. It is now regarded as a prime feature of the State. It reflects the fact that India is committed to secure social, economic and political justice for all its people. India stands for ending all forms of exploitation as well as for securing equitable distribution of income, resources and wealth. This has to be secured by peaceful, constitutional and democratic means. The term India is a Socialist state really means, India is a democratic socialist state.

The Preamble lists four cardinal objectives which are to be secured by the state for all its citizens

Justice:

India seeks to secure social, economic and political justice for its people.

Social Justice:

Social Justice means the absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, colour, religion, sex or place of birth. India stands for eliminating all forms of exploitations from the society.

Economic Justice:

Economic Justice means no discrimination between man and man on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equality, end of monopolistic control over means of production and distribution, decentralisation of economic resources, and securing of adequate opportunities to all for earning their livelihoods.

Political Justice:

Political Justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.

Fundamental Right

The right to life is undoubtedly the most fundamental of all rights. All other rights add quality to the life in question and depend on the pre-existence of life itself for their operation. As human rights can only attach to living beings, one might expect the right to life itself to be in some sense primary, since none of the other rights would have any value or utility without it.
Under Article 21[3] of the constitution of India the object personal liberty except according to procedure established by law is to prevent encroachment on and loss of life. Deprivation of personal liberty or to intrude on another person's life is an act of private individual amounts. Such violations would not fall under Article 21 for the set parameters. This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws.

Directive Principle Of State Policy

The Directive Principles of State Policy are guidelines to the central and state governments of India. They are guidelines to the governments while framing laws and policies. They are enumerated in part IV of the constitution of India. i.e. directive principles of state policy. They are the instructions in the governance of the country. The directive principles lay down certain economic & social policies to be pursued by the various governments in India. It is the duty of the central and state governments to apply these principles in making laws to establish a just society in the country.

It is by enacting "directive principles of state policy" in part IV of the constitution that we endeavored to create a welfare state. In the initial stages of the constitution making there was a strong current of opinion to make the directive principles as much justifiable as the fundamental rights. But it dawned on the constituent assembly that it would not be practicable to make the positive rights justifiable[4].

Thus ultimately the non- justifiable directive principles were enacted in part IV of the constitution. The state shall, in particular, direct its policy towards securing the welfare of the state[5]. The main aim of these principles is to create social and economic conditions under which all the citizens can lead a good life. The constituent assembly finding it difficult to place certain economic and social rights in the list of fundamental rights placed them in the category of directive principles[6].

Promotion Of Social And Economic Well-Being Of The People

The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life, Under Article 38[7]. of the Constitution of India states about the secure and social order for the promotion of welfare of the people The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Right To Adequate Means Of Lively Hood

The Directive Principles of State Policy are mostly concerning to social justice and Social Security like adequate means of livelihood, fair distribution of wealth, equal pay for equal work etc. The Preamble of the Indian Constitution is the sole-repository of Social Security measures and provides for establishment of Socialist State. According to the Supreme Court of India, the principle aim of socialism is to eliminate inequality of income, status and standard of the life and to provide a decent standard of life to the working people.

Further, it is designed to secure social, economic and political justice to all its citizens. These objectives can be achieved through various Directive Principle of State Policy enumerated in Part-III of the Constitution. Article 38 is a mandate to the state to secure a social order for the promotion of welfare of the people, Article 39 provides for equal rights to adequate means of livelihood to all citizens and distribution of wealth and material resources to sub serve common good and prevention of concentration of wealth and means of production etc.

Right Of Both Sexes To Equal Pay For Equal Work Article

Article 39[8] deals with certain principles of policies to be followed by the state. It has been laid down that "equal pay should be given to men and women doing equal work"[9]. The principle of "equal pay for equal work" is not expressly declared by constitution of India to be a fundamental right, but it is a constitutional goal.

The directive principle under Article 39(d) of the constitution proclaim "equal pay for equal work" for both men and women means equal pay for equal work for every one and as between the sexes9. Article 14[10] enjoins the state not to deny to any person equality before the law or the equal protection of laws and Article 16 declares that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state[11].

The working class of India has conducted innumerable struggles demanding "Equal wage for equal work" to casual, contract and daily-rated workers working in various establishments and the struggle is still continuing. Even though the Constitution of India ensures "equality in all respect", the Central and State Governments never bothered to extend this principle to the casual and contract workers employed in their own departments and public sector undertakings owned by them.

After the advent of neo-liberal economic policies, the situation worsened further and the exploitation continued unabated. Ban on recruitment, non-filling up of vacancies, outsourcing, contractorisation and casual appointment became the order of the day. About 40 to 50% of the regular posts in Central and State government departments and public sector undertakings are manned by employing casual and contract workers.

Right To Maternity Relief

Article 42 of Constitution of India provide some provision for just and humane conditions of work and maternity relief. The State shall make provision for securing just and humane conditions of work and for maternity relief. The Constitution of India states that the State should make provision for securing just and humane conditions of work and for maternity relief. It requires the State should raise the level of nutrition and the standard of living of its people and movement of public health as among its primary duties.

The fundamental purpose for providing maternity benefits is to preserve the self-respect for motherliness, protect the health of women, complete safety of the child etc The objective of maternity benefits is to protect the dignity of "Motherhood" by providing the complete & health care to the women & her child when she is not able to perform her duty due to her health condition. There is need for maternity benefits so that a woman is to be able to give quality time to her child without having to worry about whether she will lose her job and her source of income.

Right To Just And Humane Conditions Of Work

Article 41[12] of the Constitution provides that "the State shall within the limits of its economic capacity and development, make effective provision for securing the right to work, to educa�tion and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want Article 38 states that the state shall strive to pro�mote the welfare of the people and article 43 states it shall endeavor to secure a living wage and a decent standard of life to all workers.

"It is no doubt true that Article 38 and Article 43 of the Constitution insist that the State should endeavor to find sufficient work for the people so that they may put their capacity to work into economic use and earn a fairly good living. But these articles do not mean that everybody should be provided with a job in the civil service of the State and if a person is provided with one he should not be asked to leave it even for a just cause.

If it were not so, there would be justification for a small per�centage of the population being in Government service and in receipt of regular income and a large majority of them remaining outside with no guaranteed means of living. It would certainly be an ideal state of affairs if work could be found for all the able-bodied men and women and everybody is guaranteed the right to participate in the production of national wealth and to enjoy the fruits thereof But we are today far away from that goal. The question whether a person who ceases to be a government servant according to law should be rehabilitated by being given an alternative employment is, as the law stands today, a matter of policy on which the court has no voice[13].

Living Wages

Article 43[14] of the Constitution insist sufficient work for the people so that they may put their capacity to work into economic use and earn a fairly good living. In public policy, a living wage is the minimum income necessary for a worker to meet their basic needs. This is not necessarily the same as subsistence, which refers to a biological minimum, though the two terms are commonly confused. These needs include shelter (housing) and other incidentals such as clothing and nutrition.

However, in many cases education, saving for retirement, and less commonly legal fees and insurance, or taking care of a sick or elderly family member are not included. It also does not allow for debt repayment of any kind. In addition to this definition, living wage activists further define a living wage as the wage equivalent to the poverty line for a family of four. This is two adults working full-time with one child age nine and another of age four. The living wage differs from the minimum wage in that the latter is set by law and can fail to meet the requirements to have a basic quality of life and leaves the family to rely on government programs for additional income.

A living wage is defined as the wage that can meet the basic needs to maintain a safe, decent standard of living within the community. The particular amount that must be earned per hour to meet these needs varies depending on location. It would certainly be an ideal state of affairs if work could be found for all the able-bodied men and women and everybody is guaranteed the right to participate in the production of national wealth and to enjoy the fruits thereof[15]. But we are today far away from that goal. The question whether a person who ceases to be a government servant according to law should be rehabilitated by being given an alternative employment is, as the law stands today, a matter of policy on which the court has no voice[16].

Existing Welfare Pension Schemes In India An Analysis

The implementation of social pensions varies considerably across states. Through state-level initiatives, many State Governments have expanded coverage beyond BPL households by relaxing eligibility criteria and increased monthly pension amounts using state finances. An initiative to ensure universal pension to all workers in India � has been demanding that the Government of India establish a "non-contributory and universal old age pension system with a minimum amount of monthly.

In India over the use of BPL status for identifying beneficiaries for social programs. This is especially true for social pensions where many poor elderly, widows and persons with disability are excluded from the national pensions as their names are not on the BPL list. Many states have expanded coverage of pension schemes by including non-BPL individuals based on their annual income or using a simple exclusion criteria to exclude individuals with government jobs or those owning more than a certain amount of land.

Relevance Of Welfare Schemes In India

Social Welfare Schemes is for the welfare, rehabilitation and development of the Persons with disabilities, other disadvantaged who require special attention of the State because of the disabilities and inefficiency they suffer. To ensure social justice to the disabled the Central Government enacted a comprehensive legislation for the persons with disabilities.

This aims to empower the persons with disabilities with a right to demand for an enabling environment wherein they can enjoy protection of rights, equal opportunities and full participation in various developmental activities of the country. To bring about a qualitative improvement in the services to older persons, the scheme of pension promises to meet needs of the aged including reinforcement and strengthening of the family and awareness generation on issues related to the aged.

The scheme involved financial security; health care and nutrition, shelter, housing; protection for life and property. very few non government organisations work in rural areas for welfare and development of the aged and disabled people. To ensure the social welfare there is a need to mobilize human and financial resources for the community in a big way. Social Welfare programmes continue to be weak and lack perspectives.

These need to be re-oriented keeping in view the emerging social problems and changing socio-cultural milieu of the region. In some States, social welfare programmes continue to be administered by more than one department. The administrative machinery in several States is still continuing with a `welfare-oriented' approach which is not equipped even to formulate proper schemes. Adequate attention is not given to induction of trained professionals / social workers and establishment of linkages with workers and institutions. no meaningful assessment is ever possible of the impact of various policies and programmes.

To deal with the increasing and the most challenging problems relating to women, children and other social defence groups, the States should make special efforts to induct trained professional manpower not only to formulate meaningful and need-based programmes but ensure effective implementation of those programmes.

State-level social welfare administration needs to be reoriented with an inter-disciplinary of personnel, taking into consideration the programme specifics and objectives. Towards the fulfillment of the welfare programme the Government has been implementing many policies and programmes for the well-being of the disabled and the social welfare groups.

Implementation Of Welfare Pension Schemes

Welfare Pension Schemes are implemented in the States and Union Territoriess in accordance with the general conditions applicable to all components of the Welfare Pension Schemes as well as specific condition applicable to each component. The Welfare Pension Schemes are mainly implemented by the Social Welfare Departments in the States.

But Welfare Pension Schemes are implemented by Rural Development Department in the States of Andhra Pradesh, Assam, Goa, Meghalaya and West Bengal; by the Department of Women & Child Development in Orissa and Puducherry; by the Revenue Department in Karnataka and Tamil Nadu and by the Department of Labour Employment & Training in Jharkhand. The Welfare Pension Schemes extends to both the rural as well as urban areas.

Identification Of Beneficiaries In Rural And Urban Areas

As per the revised eligibility criteria new beneficiaries will be identified from BPL[17] list prepared by the States and Union Territories as per guidelines issued by the Ministry of Rural Development for the BPL Census 2002.

Identification of eligible beneficiaries in urban areas will be carried out as per the BPL list required to be prepared in connection with poverty alleviation programme of the ministry of Urban Housing and Poverty Alleviation. The position of exiting beneficiaries who are not in the BPL list will continue to get the pension as at present without any interruption notwithstanding the fact that their names are not borne on the BPL list, provided they were eligible as per the old criteria.

Exsisting Welfare Pension Schemes In India

Government of India take various initiatives and measures facilitating the promotion of welfare of the older and disabled people for their physical, mental and economic relief. The Government promote various pension scheme for the needy people.

The existing schemes are as follows:
  1. Welfare scheme for Elderly
  2. Welfare scheme for Women
  3. Welfare scheme for Agricultural workers
  4. Welfare scheme for Physically and mentally challenged person.
  5. Welfare scheme for Unemployed person's Pension Scheme.

National Old Age Pension Scheme
The National Social Assistance Programme is introduced by the Government of India on 15 August 1995 with a view to support minimum needs of the poor having little or no regular income from their own source or through financial support from their family members. The Madrid International Plan, to which India is a signatory, calls for changes in attitudes, policies and practices at all levels in all sectors, so that the 'enormous potential' of ageing in the twenty-first century may be fulfilled.

One of the components of National Social Assistance Programme[18] is National Old Age Pension scheme. The old age pension scheme started in India on 1995 onwards. The Old Age Pension Scheme provides a pension for the elderly who live below the poverty line. The beneficiary should be above 60 years of age (upper age limit 65 before April 2011), he should be a permanent residence of State not less than three years. The family income of the beneficiary must be less than Rs.20000.00 in rural and Rs. 22,.375 in urban areas. The criteria for availing the benefit is strictly followed by all the states of India[19].

In India the old age pension of elderly is implemented by the name of Indira Gandhi National Old Age Pension Scheme. Different states in India implemented the same plan and also contribute their own share in the scheme to get better facilities to the old age people. The state contribution varies from state to states.
Indira Gandhi National Old Age Pension Scheme (IGNOAPS)

The Indira Gandhi National Old Age Pension Scheme (IGNOAPS) is old age non-contributory pensions scheme which covers those Indians who are above 60 years of age and also who live below poverty line. This pension scheme is National Social Assistance Programme's part that the Ministry of Rural Development launched in August, 1995.

The pension amount is mainly used by the beneficiaries for the medicine, food and cloths. Majority of the beneficiaries are stayed with their son or daughter, so one portion of the amount also used for the educational purpose of the grant children. Majority of the beneficiaries are more than 70 years of age and they need urgent medical support. Hence major portion of the amount is used for medicine. One of the major advantages of the scheme is that the beneficiaries can purchase the medicine without depending on others.

Welfare Pension Scheme For Women
The beneficiaries should be either a widow or a separated person, or married woman, but the whereabouts of her husband is not known for the last seven years. There is no age limit to apply for widow pension. The family income of the applicant is similar to the case of the applicant of Old Age Pension[20]. The Government implemented the widow pension scheme in the Name of Indira Gandhi National Widow Pension Schmes.
Indira Gandhi National Widow Pension Scheme (IGNWPS)

The Indira Gandhi National Widow Pension Scheme is started by Central Government (Ministry of Rural Development) for providing financial help to widow women who belongs to very economically weaker section or who has (BPL). The scheme is introduced under National Social Assistance Programme in 1995. All eligible women are provided with assistance in order to make life easier and independent and a kind of support is been provided through this scheme. For getting benefits of this centrally sponsored scheme applicant women need to qualify some eligibility criteria[21].

Indira Gandhi National Widow Pension Scheme is implemented by Ministry of Rural Development, Government of India. The person given to the widow of diseased. The applicant should be a household below the poverty line as per criteria prescribed by the Government of India. The pension is to be credited into a post office or public sector bank account of the beneficiary. The pension will be discontinued if there is the case of remarriage or once the widow above the poverty line. The states also implemented the scheme and they also contribute their own share to increase the amount to get more benefit for the widow[22].

Welfare Pension To Unmarried Women Above The Age 50 Years
This scheme was introduced for those unmarried woman above the age of 50 years and
having no other income. This scheme has been begun in the year 2001. The eligibility criteria[23] must be followed by the beneficiaries strictly.
Welfare Scheme For Agricultural Workers

The beneficiaries are agricultural workers who are above the age of 60 years. The applicant must be a member of the Agricultural Workers Welfare Fund. The income of the family should be less than Rs. 20,000.00 in rural aread and Rs. 22,375 in urban areas. The applicant should be a resident of Kerala for last 10 years of submission of the application. The condition for the availability of the scheme is strictly followed by the applicant for the availability of the pension.

Welfare Pension Schme For Physically/Mentally Challenged Persons.
This scheme has been begun from the year 1982. The beneficiaries are those who have proven disability of 40 percent and above. The income of the applicant should not be more than Rs. 250 per month. The Government implemented the pension scheme as Indira Gandhi National Disability Pension Scheme.

Indira Gandhi National Disability Pension Scheme (IGNDPS)
Indira Gandhi National Disability Pension Scheme (IGNDPS) is a component of National Social Assistance Programme (NSAP). Under IGNDPS, pension is provided to persons with severe or multiple disabilities in the age group of 18-79 years and belonging to a household living below poverty line (BPL) as per criteria prescribed by Government of India. The main condition for getting the pension scheme is strictly followed by the applicant[24]. All State Government implemented the scheme by providing their own contribution to increase the amount for getting more benefit to the beneficiaries.

Welfare Pension Scheme For Umemployed Person
The scheme was introduced in1982 in Kerala State and being implemented through Gram Panchayats. The beneficiaries of the scheme must be in the age group of 21-35 having a monthly family income of Rs. 100. The beneficiaries should pass SSLC (except SC/ST and Physically Challenged) and must be registered as unemployed in the employment exchange for the last three year. The Government names the Pension Scheme as National Family Benefit Scheme. All State in India implemented the providing by providing their own contribution to the unemployed person.

National Family Benefit Scheme (NFBS)
In case of the death of the primary breadwinner of a household living below poverty line conditions, a lump sum grant of Rs. 20,000 (from fiscal 2012-13) is provided to the household. The primary breadwinner as specified in the scheme, whether male or female, had to be a member of the household whose earning contributed substantially to the total household income. The death of such a primary breadwinner occurring whilst he or she is in the age group of 18 to 64 years i.e., more than 18 years of age and less than 65 years of age, makes the family eligible to receive grants under this.

Annapurna Scheme
The Annapurna Scheme had been announced by the Finance Minister in his Budget Speech for the year 1999-2000 to provide food security to those indigent senior citizens who are not covered under the targeted Public Distribution System (PDS) and who have no income of their own. Through the new "Annapurna" scheme, it is intended to provide 10 kgs. of food grains per month free of cost to all such person who are though eligible for old age pension under INOAPS[25], are presently not receiving it.

The number of persons benefiting from the Scheme are not to exceed for the present 20% of the old age pensioners within a State. The Gram Panchayat would be required to identify, prepare and display a list of such persons after giving wide publicity to the Scheme. The Central assistance under the Annapurna Scheme is, thus, provided to the beneficiaries on fulfilling the criteria.[26]

Role Of Local Self Government In Distribution Of Welfare Pension Scheme

Local self governance in India takes place in two very distinct forms. Urban localities, we have Nagar Palika but derive their powers from the individual state governments, while the powers of rural localities have been formalized under the panchayati raj system, under the 73rd amendment to the Constitution. For the history of traditional local government in India and South Asia.

Implementation of pension schemes, which were handled by Revenue Department of State Government has been transferred to Local Self Government Institution as a part of decentralization through the Indian Constitutional Amendment Act 1993[27]. In 1997, the government took the bold initiative of transferring power, finance and expertise to Local Self Government institutions to initiate developmental works at the grass roots level. Local initiatives and local participation were fully encouraged by the Government of 1996-2001 through decentralisation. With the decentralisation of powers to, Local self-government Institutions, Local administration department has an important role to play in the formulation of policy and implementation of developmental works.

The decentralisation experiment of State has given a prominent position for the local government institutions with regard to the development of local economy. Besides LSGIs[28] are also the providers of a good number of services to the public. The department aims at enabling the LSGIs to become active players in local economic development and to strengthen their service delivery system. This has to result in transforming the LSGIs into people friendly institutions with a high degree of transparency and efficiency. In Kerala the welfare scheme is distributed as Sevana pension by the Government.

Identification of Beneficiaries
The Gram Panchayat/Municipalities are expected to play an active role in the identification of the beneficiaries under the these welfare pension schemes. Income as criteria for beneficiary selection is acceptable and favored by most beneficiaries . Majority of beneficiaries belong to general category followed by beneficiaries from Scheduled castes. However Combined with other back ward classes, scheduled caste make 55.6 percent of total beneficiaries.

Majority of pensioners have agriculture as a mean to support them still a sizable number of pensioners depend exclusively on pension for their livelihood Almost 28 percent of pensioners live alone, 52% live with family members, it can be implied here that those pensioners who are living alone may have pension as main source of income because they don't have capacity to manage agriculture or have no land at all, a broad generalization but cross examination supports it.

Monitoring
The States have the flexibility to implement the schemes through any State Govt. Department. They have to however, designate a Nodal Secretary at the State level to report the progress of implementation by coordinating with different departments concerned with the implementation of the schemes. The progress of implementation of the schemes is to be reported through quarterly reports in a given monitoring format by the 15th of month of the following quarter. Non reporting of the physical and financial progress reports is construed as lack of progress and therefore, may result in the non-release of additional central assistance for the last quarter of the financial year.

Disbursement
Apart from the disbursal of benefits through the accounts of the beneficiaries in Banks or in Post Office Savings Banks or through Postal Money Order the assistance under the Old Age ension Scheme, may also be disbursed in public meetings such as Gram Sabha meetings in rural areas and by neighbourhood committees in urban areas. Recently it has been decided by the Govt. of India to credit pension where feasible, into a post office or public sector bank account of the beneficiary. The eligible pension amount fixed by the State from time to time shall be send to the beneficiary.

Conclusion
The promotion and protection of human rights and fundamental freedoms, including the right to development, is essential for the creation of an inclusive society for all ages in which poor people, disabled people, widows can participate equally without discrimination. The development leads to enhancing health and wellbeing into all people ensuring enabling and supportive environments. The extend to which the lives of poor people are secure is strongly influenced by progress in these directions. They also serve as useful pointers to guide policy formulation and implementation to guarantee quality of life for the poor while reinforcing the quality of wellbeing throught the life course[29].

Mainstreaming ageing into global agenda is essential. It is also vital to recognize the ability of poor/disabled and widow person to contribute to society not only in their own betterment but also in that of society as a whole. There have been effort in this direction but more concerted action in theform of international instruments guaranting rights and protection to the elderly is long overdue. The poor, disabled and widow are entitled to same human rights as all, therefore a specific treaty would go a long way in ensuring that the elderly, poor, disabled and widows enjoy all rights they are entitled to without any discrimination hassle.

In the national response to the demographic trend of ageing population and the consequence impact it is likely cause in all sectors of the society, it is noted that the strong right approach of the Constitution of India does offer a solid frame work of legal protection for the aged, poor, disabled and widows. It is observed that in India there exist many hurdles to access to justice and also for the violation of the rights under the constitution the elderly, poor, disabled and widow have to approach the Authority for getting the beneficial fund in time.

The method by which the implementation of the beneficial is not sufficient. The mode of disbursement are not adequate because the elderly, poor, disabled and the widow person have to collect the amount from the bank which is far from reach. So there arose a need of special provision that would specifically deal with the needs of the beneficieries. The welfare of the people is the first attempt and it would aims to address the needs of the beneficiaries.

The supreme law of the land The constitution of India in its provision of Part III and Part IV caters to the matter of protection of elderly section of the population. The vigil and judiciary in India has expanded the scope of the fundamental rights especially Article 21 of the Constitution to include all the rights which are basic the decent existence of all the citizen of India. Therefore there is a clear directive I the Constitution to the executive to extend its full support and cooperation to ensure governance in the country. And also o make sure that elderly, poor, disabled people should taken care of.

Bibliography:
  1. Andrew Herscovith And David Staton, Australian Institute Of Family Studiesp.(2008).
  2. Bakshi, P.M. The Constitution Of India(5th Edn 2013)
  3. Basu, Durga Das, The Constitution Of India (6th Edn 2015)
  4. David Stoes, Deconstructing Welfare The Reagan Legacy And The Welfare State,( 1993)
  5. S. Ramnujajan , K.L Rawai, Unorganizedworkers Welfare Imperative & Initiatives (2010)
  6. R.C. Majumdar, The History And Culture Of The Indian People (1977)
  7. Satyabrata Ghosh, Some Theoretical Implecation Of A Welfare State In India, (1999)
End-Notes:
  1. Articles 41 read as "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 case of unemployment, old age, sickness and disablement, and in other cases of underserved want."
  2. The preamble read as WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: JUSTICE,social, economic and political;LIBERTY of thought, expression, belief, faith and worship; Equalityof status and of opportunity;and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation, In Our Constituent Assembly this twenty-sixth day of 1950.
  3. Article 21 read as"No person shall be deprived of his life or personal liberty except according to a procedure established by law"
  4. Paras Diwan, "Directive Principles and Fundamental Rights towards the Constitutionally proclaimed goal of justice" .pp.24,1980.
    1. That the citizens, men and women equally, have the right to an adequate means to livelihood;
    2. That the ownership and control of the material resources of the community are so distributed as best to sub serve the common good;
    3. That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
    4. That there is equal pay for equal work for both men and women;
    5. That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited by their age or strength;
    6. Those children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and childhood and youth are protected against exploitation and against moral abandonment.
    1. Right to adequate means of livelihood (article 39(a)),
    2. Right of both sexes to equal pay for equal work article 39(d))
    3. Right to public assistance in case of unemployment, old age or sickness (article 42), Right to maternity relief (article 42).
  5. Article 38 read as State to secure a social order for the promotion of welfare of the people .- (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
  6. In article 39 certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing:
    1. that the citizens, men and women equally, have the right to an adequate means to livelihood
    2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
    3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
    4. that there is equal pay for equal work for both men and women;
    5. that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
    6. that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
  7. Article 14 read as Equality before law and equal protection of laws. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
  8. Article 14 read as Equality before law and equal protection of laws. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  9. R.K. Mahajan: "Doctrine Of Equal Pay For Equal Work: Judicial Activism", VOL. I, JAN-APRIL, SC.J, 1991, P(65)
  10. Article 41 reads as Right to work, to education and to public assistance in certain cases' 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 and disablement, and in other cases of undeserved want
  11. *
  12. Article 43 read as that "The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers,agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural area.
  13. P.B. Gajendragadhker, The Constitution of India: Its Philosophy and Basic Postulates p.180,1969).
  14. Paras Diwan, "Directive Principles and Fundamental Rights towards the Constitutionally proclaimed goal of justice" .-24,1980.
  15. Below Poverty Level
  16. The National Social Assistance Programme(NSAP)is a Centrally Sponsored Scheme of the Government of India that provides financial assistance to the elderly, widows and persons with disabilities in the form of social pensions, which came into effect from 15th August,1995, represents a significant step towards the fulfillment of the Directive Principles in Article 41 of the Constitution. The programme introduced a National Policy for Social Assistance for the poor and aims at ensuring minimum national standard for social assistance in addition to the benefits that states are currently providing or might provide in future. NSAP at present, comprises of Indira Gandhi National Old Age Pension Scheme (IGNOAPS), Indira Gandhi National Widow Pension Scheme (IGNWPS), Indira Gandhi National Disability Pension Scheme (IGNDPS), National Family Benefit Scheme (NFBS).
  17. The age of the applicant (male/female) should be 60 or above (revised from 65 in 2009).,The applicant may reside in either rural or urban areas, but must be living under the poverty line. The criteria for the poverty line are defined by the Central Government and revised from time to time, The ceiling on the total number of old-age pensions for purposes of claiming central assistance will be specified for the states and Union Territories from time to time, The benefit under National Old Age Pension Scheme should be disbursed in not less than two installments in a year and, if possible, the benefit may be disbursed in more installments as per direction of state government.
  18. Sevena pension social security system, information Kerala Mission,LSGD, Govt. of Kerala
  19. For getting eligible to this scheme age of the widow women should be between 40 to 59 years, Widow women must belong to below poverty line (BPL) or very less income,She must be permanent residence of India, Only widow women can take benefits of this scheme
  20. In Kerala ( Sevana Pension), Tamil Nadu (destitute women pension scheme) and Karnataka (Mahila Abhivridhi Yojana)also contribute their share to increase the amount of pension.
  21. Age should be above 50 years,. Applicant should be an unmarried person, No person shall be eligible for the pension, if the person applied for any other pensions, No one of their to look after/her,No person shall be eligible if he/she resorts to habitual begging, Applicant is not eligible if the person is admitted to a poor home,. Having a family annual income of or less than Rs.22, 375/- in urban area and less than Rs. 20,000/- in rural area, Applied at the localbody where the person is residing.
  22. The persons who aged above 18 years and have more than 80% or above handicapness, The income of the family of the beneficiary should be upto the score of 16 in the BPL and in urban areas one who possesses the BPL, the applicant above age of 21 does not have son, and also holder of disable identity card issued by the State Government.
  23. Indira Gandhi National Old age Pension Scheme.
  24. Local Self Government


    Award Winning Article Is Written By: Mrs.Sulaja R.S
    Awarded certificate of Excellence
    Authentication No: MR207687823980-17-0322

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly