Social Legislation

Definition, Need and Importance,

Objectives and Social Legislation
as an Instrument of Social Change
By: Dr Muhammad Jaffar
Associate Professor, Dept. of Social Work, IUB
Definition of Law and Legislation
• Law is a set of rules that are created and are enforceable by social or
governmental institutions to regulate behavior.
• Law is rule(s), usually made by a government, that states how people
may and may not behave in a society.
• Legislation refers to the preparation and enactment of laws by a
legislative body through its lawmaking process.
Why a Society Needs Law?
• Why a society requires control is because there is always a necessity to keep a
balance between society and the people living in it so that they can coexist
interdependently which in turn will help in bringing social change.
• A society is a heterogeneous place where people of all class, caste, creed,
colour, gender, background resides.
• It is essential that no difference should be created among these people
irrespective of their identities bringing homogeneity which can only be
carried out by the subject of law. Social change is something that every
society and its people look forward to because a change for good is always
welcoming.
• Law plays an indispensable role in bringing in a social change. A lawless
society is absent of harmony and peace between the people and the society.
• The constitution of Pakistan reflects the aspirations of masses to become a
welfare state where everyone enjoys the right to live a dignified life and right
to the pursuit of happiness are fundamental.
Definition of Social Legislation
• Social legislation means laws designed to improve and protect the economic and
social position of those groups in society which because of age, sex, race, physical
or mental defect or lack of economic power cannot achieve health and decent
living standards for themselves.
• Social Legislation is laws that seek to promote the common good, generally by
protecting and assisting the weaker members of society, are considered to be
social legislation. Such legislation includes laws assisting the unemployed, the
infirm, the disabled, and the elderly.
• Social legislation is that branch of law which is an aggregate of the laws relating
to the various socio- economic condition of the people.
• Social legislation is any act passed by the legislature or a decree issued by the
government for the removal of certain social evils or for the improvement of
social conditions or with the aim of bringing about social reform
 Objectives of Social Legislation
• Social legislation derives its inspiration from our constitution and has
the following specific objectives.
1. Removal of discrimination on the grounds of sex, religion, caste,
class etc., and promotion of equality to all.
2. Safeguard the rights of the weaker section such as women, children,
elderly, widows, destitute etc.
3. Eradication of traditional malpractices and social evils such as
dowry, child marriage, female infanticide etc.
 Importance/Relevance of Social
Legislation for Social Workers
Social welfare is not possible as long as a legal provision for the solution
of social problems is not available. Thus social legislation provides a
compulsory basis for social welfare and plays an important role in the
organization of social services. The main objective of social legislation is
to enhance the well being of the entire community by protecting it
from injustice and by punishing those who do not conform to the
society’s interest. Besides there are various social problems which are
obstacles to social progress, for instance child marriage, dowry system,
child labour, bonded labour, etc.
In other words, social legislation helps the social workers in performing their
duties because social legislation:
1. Brings social change
2. Regulates human behaviour
3. Solves social problems
4. Achieve the goal of welfare of the people
5. Provides direction for work
6. Helps in action against offenders
7. Establishes social welfare services
8. Amend and review social policies
In brief, knowledge of social legislation facilitates our job of welfare process
and welfare activities are based on these legislations.
Social Legislation as Instrument of Social
Change
• There are two schools of thought regarding either social change can bring social change or not.
• Social scientists of one school believe that law in itself cannot lead to change, it can only follow
change. Thus, it cannot be an instrument of the basic transformation of values and attitudes.
• However, other school of thought is of the opinion that social legislation is an important enabling
mechanism of bringing social change. Nonetheless, tt would not be incorrect to say that law alone,
can not be truly effective unless, it is supplemented and supported by public opinion and
administrative reforms.
• Despite its limitations social legislation can be a powerful and effective tool in the hands of the
professional social workers to fulfil their commitment to the weaker and the marginalized sections
of the society.
• Legislation also has been instrumental in bringing about structural transformation. i-e Devolution
Plan 2000, 10th Constitutional Amendment, 18th Constitutional Amendment. Quota system for
vulnerable groups.
• social legislation has helped in promoting opportunities for the exercise of freedom, dignity and
justice to the less fortunate
Social Legislation as an Instrument…..
• Social legislation aims to address social problems through legislative means, and initiates process of social
reform and social change based on sound social rules.
• Social legislation is an instrument of the basic transformation of values and attitude of individuals and groups
in a society
• Social legislation can be used by professional social workers as a tool for social advocacy, empowerment to
ensure basic human rights, dignity and social justice at large
• Social legislation works as tool for social reform, social welfare, development and change.
Social Legislation in Pakistan
• The Protection of Parents Ordinance, 2021
• The Transgender Persons (Protection of Rights), Act 2018
• THE PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE
ACT 2010
• THE JUVENILE JUSTICE SYSTEM ORDINANCE, 2000
• THE MUSLIM FAMILY LAWS ORDINANCE 1961
• The Voluntary Social Welfare Agencies (Registration And Control) Ordinance, 1961
• The Pakistan Rights of Person with Disability Act, 2017
• The Punjab Restriction on Employment of Children Act 2016.
• The Provincial Employees’ Social Security Ordinance 1965