Transcript UNIT 4 SWP.

SOCIAL WORK PROFESSION
UNIT-4
NATIONAL POLICY ON VOLUNTARY SECTOR, 2005
..now 2007
1.Preamble
This Policy is a commitment to encourage, enable and
empower an independent, creative and effective voluntary
sector, with diversity in form and function, so that it can
contribute to the social, cultural and economic
advancement of the people of India.
The voluntary sector has contributed significantly to finding
innovative solutions to poverty, deprivation, discrimination
and exclusion, through means such as awareness raising,
social mobilization, service delivery, training, research, and
advocacy. The voluntary sector has been serving as an
effective non-political link between the people and the
Government. This policy recognizes the important role that
the voluntary sector has to play in various areas and affirms
the growing need for collaboration with the voluntary sector
by the Government, as well as by the private sector, at the
local, provincial and national levels.
2. Scope of the Policy
In the Policy, voluntary organizations (VOs) mean
to include organizations engaged in public service,
based on ethical, cultural, social, economic,political,
religious, spiritual, philanthropic or scientific &
technological considerations. VOs include formal as
well as informal groups, such as:community-based
organizations (CBOs); non-governmental
development organizations (NGDOs); charitable
organizations; support organizations; networks or
federations of such organisations; as well as
professional membership associations.
To be covered under the Policy,
VOs should broadly have the
following
Characteristics:
a) They are private, i.e., separate from
Government
b) They do not return profits generated to
their owners or directors
c) They are self-governing, i.e., not
controlled by Government
d) They are registered organizations or
informal groups, with defined aims and
objectives.
3. Objectives of the Policy
The specific objectives of the policy are listed below:
 To create an enabling environment for VOs that
stimulates their enterprise and effectiveness, and
safeguards their autonomy;
To enable VOs to legitimately mobilize necessary
financial resources from India and abroad;
To identify systems by which the Government may
work together with VOs,on the basis of the principles
of mutual trust and respect, and with shared
responsibility; and,
To encourage VOs to adopt transparent and
accountable systems of governance and management.
INDIAN CONSTITUTION AND ITS
IMPLICATION FOR SOCIAL WELFARE
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Indian Constitution is the lengthiest
written constitution in the world. This
constitution has been in operation for over
years. This shows the strength of the
Indian democracy and the faith of the
people in the constitution. The knowledge
of the Constitution of India is important as
it lays the foundation for citizenship
training.
THE PREAMBLE
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The Preamble is an introduction to the
constitution. It sets out the goals, the
values and the ideals for which our
country stands. The objectives specified in
the Preamble contains the basic structure
of our constitution, which can not be
amended in exercise of the power under
article 368 of the constitution.
The preamble is a part of the constitution which
reads 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;
EQUALITY of 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 November 1949, do
hereby adopt,enact and give to our selves this
constitution”.
FUNDAMENTAL RIGHTS
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Fundamental rights are the political and civil rights
meant for all the citizens. Kept in Part III of the
constitution, Fundamental Rights are borrowed
mainly from the UDHR (Universal Declaration of
Human Rights, 1948) and Bill of Rights enshrined
in the American constitution. The fundamental
rights are provided to protect the dignity of the
individual and to create conditions in which every
human being can develop his or her personality to
the fullest extent possible. The constitutional
remedies make the fundamental rights active, alive
and functional
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CLASSIFICATION OF
FUNDAMENTAL RIGHTS:
Broadly fundamental rights can be classified,
based on nature, in six groups.
a) Right to Equality (Arts. 14-18)
b) Right to Freedom (Arts. 19-22)
c) Right against Exploitations (Arts. 23-24)
d) Right to Freedom of Religion (Arts. 25-28)
e) Cultural and Educational Rights (Arts. 29-30)
f) Right to Constitutional Remedies (Arts. 32-35)
Right to Equality (Arts 14-18)
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Article 14 - The State shall not deny any person
‘equality before law’ and ‘equal protection of
laws’ within the territory of India.
Article 15 - directs that the State shall not
discriminate against a citizen on grounds of
religion, race, caste, sex or place of birth or any
of them. It prohibits discrimination but permits
state to make special provisions.
Article 16- creates the right to equality of
opportunity in public employment which
explains that no citizen shall be discriminated
against or be ineligible for any employment
or office under the State on grounds only of
religion, race, caste, sex, place of birth,
descent or residence.
Article 17 Abolition of Untouchability :
Our Constitution abolishes untouchability
and forbids its practice in any form.
Rights to Freedom (Arts. 19-23)
Article-19
All citizens shall have the right to freedom of speech and expression,
peaceful assembly without arms, unionization or forming association,
free movement and freedom to settle anywhere within country.
Article 22 guarantees four rights to the person who is arrested under an
ordinary law.
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The right to be informed as soon as, may be the ground of arrest.
ii. The right to consult and to be represented by a lawyer of one’s own
choice.
iii. The right to be produced before a magistrate within 24 hours.
iv. The freedom from detention beyond the set period except by the order
of the magistrate.
RIGHTS AGAINST EXPLOITATION
ARTICLES 23 -24
Article 23 - prohibits trafficking in human beings,
beggar, slavery, and other similar forms of forced
labour.
Art.23-Clause (2) permits the State to impose
compulsory services for public purposes. Trafficking in
human being means selling and buying men, women
and children like marketable commodities. The traffic
in human beings include slavery, immoral traffic in
women and children for immoral purposes like sex
work and other forms of forced labour.
Article 24 - The Constitution clearly prohibits
employment of Children below 14 years of age in
factories and hazardous employment The government
has enacted several laws to prohibit children from
working.
Right to Freedom of Religion
(Arts. 25-28)
Article - 25.
The term ‘religion’ is not defined in the Constitution whereas it also
guarantees secularism as one of the ideals of the Constitution. It
guarantees a) freedom of conscience, b) freedom to profess, practice and
propagate any religion. Reasonable restrictions to this freedom are
religious liberties subject to public order, morality and health.
Further subject to public order, morality and health every religious
denomination or any section should have the following rights to establish
and maintain institutions for religious and charitable purposes:
a) to manage its own affairs in the matters of religion.
b) to own and acquire movable and immovable properties.
c) to administer such properties in accordance with law.
Article. 27 -In order to ensure the secular character, provides ‘no one shall
be compelled to pay any tax for the promotion or maintenance of any
particular religion or religious denomination’.
Cultural and Educational Rights
(Articles. 29-30)
Article - 29. State has been entrusted responsibility of protection of
interests of minorities, It also confers minorities right to establish and
administer educational institutions and provides following four distinctive
rights :
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a) Right of any section of citizens to conserve its own language,
script or culture
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b) Right of all religion and linguistic minorities to establish and
administer educational institutions of their choice
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c) Right of an education institution not to be discriminated in
matters of State aid on grounds that it is managed by a religious or
linguistic minority [Art. 30 (2)].
d) Right of the citizen not to be denied admission in to any State
maintained or State aided institutions on grounds of religion, caste,
race or language [Art. 29 (2)].
Right to Constitutional Remedies
(Articles. 32-35)
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Article 32 guarantees to a person the right to
move the Supreme Court directly for the
enforcement of their fundamental rights. The
Supreme Court can issue various kinds of writs for
the enforcement of these rights. The right to
Constitutional remedies shall not be suspended
except as otherwise provided in the constitution
that is during emergency under Article 352. Article
32 has been called the cornerstone of the entire
edifice set up by the constitution. Dr. Ambedkar
called it “the very heart and soul of the
Constitution”.
ONE CAN SEEK REDRESSAL THROUGH FOLLOWING
PETITIONS.
The Writ of Habeas Corpus: It means “To have a body”. It is a powerful
safeguard against arbitrary acts not only on private individuals but also of the
executive. This writ can be filed by any one including the arrested person, his
relatives, friends etc. This petition will force the arresting authorities to produce
the person bodily in the court.
The Writ of Mandamus: Literally means ‘we command’ This writ commands
the person to whom it is addressed to perform public or quasi public legal duty
which he has refused to perform and the performance of which cannot be
enforced by any other legal remedy.
The Writ of Prohibition: It simply means to forbid or to stop. The Supreme
Court or High Court issues directions to an inferior court or institution of
governance, forbidding the latter to continue proceeding in a case in excess of
its jurisdiction or to encroach on jurisdiction with which it is not legally vested.
The Writ of Certiorari: It means ‘to be more fully informed of’. It is issued to a
lower court after a case has been decided by it denouncing or abolishing that
order. The objective is to secure that order. Jurisdiction of an inferior court does
not encroach the jurisdiction which it does not possess.
The Writ of Quo warranto : The writ of Quo warrranto means ‘by what
warrant or by what order’. It is a proceeding by which the court inquires into the
legality of the claim, which a party asserts to a public office and to remove from
his or her employment if the claim is not found.
DIRECTIVE PRINCIPLES OF STATE POLICY
Socialist Principles
i)
Equal distribution of wealth and material
resources among all classes of people so
as to prevent its concentration in a few
hands. (Art. 38 and 39)
ii) Provision of adequate means of livelihood
to all the citizens. (Art. 43)
iii) Equal pay for equal similar work for both
men and women. (Art. 39)
iv) Right to work, education and public
assistance (Art. 41)
FUNDAMENTAL DUTIES
The fundamental duties are incorporated by the 42nd Amendment to the
Constitution in 1976 as Article 51-A in Part IV-A. India is the only
country having in the constitution rights and duties side by side. Rights
and duties are correlated.
The following ten are the charter of duties for the citizens of India:
a) to abide by the Constitution and respect its ideals and institutions, the National flag
and the National Anthem;
b) to cherish and follow the noble ideals which inspired our national
struggle for freedom.
c) to uphold and protect the sovereignty, unity and integrity of India;
d) to defend the country and render national service when called upon to
do so;
e) to promote harmony and spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women;
Charter of duties for the citizens of India:
………
f) to value and preserve the rich heritage of our composite
culture;
g) to protect and improve the natural environment including
forest, lakes, rivers and wild life, and to have compassion
for living creatures;
h) to develop the scientific temper, humanism and the spirit of
inquiry and reform;
i) to safeguard public property and to abjure violence;
j) to strive towards excellence in all spheres of individual and
collective activity so that nation constantly rises to higher
levels of endeavour and achievement.
VOLUNTARY ORGANISATIONS/VOLUNTARY AGENCIES IN
PROMOTING SOCIAL WELFARE
VOLUNTARY ORGANISATION
A voluntary organisation, properly speaking, is an
organisation which whether its workers are paid or unpaid is
initiated and governed by its own members without external
control. The independence of voluntary action does not
however mean a lack of co-operation between it and public
action. But the term voluntary action means that the agency
undertaking it has a will and a life of its own.
DEFINITION
AS defined by the National Council of Social Service, a
voluntary social service is interpreted generally as the
organisation and activities of a self-governing body of people
who have joined together voluntarily to study or act for
betterment of the community.
Objectives of Voluntary Organisations
The following are the main objectives for which various organisations
are working:
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Protection and development of children
Welfare of women in the rural areas.
Services for youth.
Community welfare.
Promotion of educational facilities.
Promotion of public conscience on social problems.
Promotion of moral standards and family. welfare.
Prevention of disease, health care, etc.
Protection and welfare of the handicapped.
Eradication of social handicaps for certain groups.
Spiritual upliftment
Prorogation of international brotherhood.
Promotion of natural interests through voluntary effort.
Training of workers for fieldwork.
Protection of nature, animals, etc.
VOLUNTARY ORGANISATIONS IN INDIA
At present in India quite a large number of non-governmental
organisations (NGOs) are working for various causes. They help
groups and individuals with diverse political and other interests,
contribute to the strengthening of a feeling of national solidarity and
promote the participative character of democracy. They have a role
to play not only in areas which are accepted as state responsibilities,
they can also venture into new fields, work in new areas, unveil social
evils and give attention to any unattended or unmet needs. Many of
the NGOs act as a stabilizing force by welding together people into
groups that are not politically motivated and are not concerned
about the fortunes of any political party or in capturing political
power, but are above party politics and are interested in other areas
of nation-building and thus contribute to national integration and a
focus on non-political issues.
EXAMPLES:
Non -Government ORGs Examples:World Vision,MCCSS,Action AID
There are also government-organised NGOs such as Mahila Mandal,
Youth Clubs,Co-operative Societies, National Service Scheme, n e h r
u Y uva Kendras and government sponsored organisations in the form
of Trusts setup in the name of diseased leaders, for example, the
Kasturba Gandhi Trust, Gandhi Smarak Nidhi,Nehru and Kamla Nehru
Trust, Indira Gandhi Trust, and the recent Rajiv Gandhi Foundation.
Role of Voluntary Organisations in Social Welfare
In fact, the social and economic development programme, enunciated in
the fourteen point constructive programme of Gandhiji, was used as a
spring-board to accelerate the process of political struggle for
independence and a way to activate the underprivileged and downtrodden masses to develop themselves economically and socially, on a
"self-help through mutual help" basis. A network of voluntary agencies
was created to promote different constructive programmes like village
industries, Khadi, Nai Talim, Leprosy Work, Harijan Seva, etc. with the
help of thousands of selfless and dedicated workers. This was the basis of
social welfare programmes by the voluntary organisaticms in the postindependence period.
The main objective of planned development is to mobilise the known as
well as the hidden, material and human resources in such a way as to
improve the socioeconomic living conditions of the people to the
maximum at a given time. In general,voluntary organisations have a
role.to play in the economic and industrial development of the country
and also to motivate people to eliminate the evil influences'of the
industrialisation.
Though the voluntary organisation do not have much of a role to play in
transport and communication, they did play ai important role in the
construction and maintenance or fielded and village roads.
IMPACT OF VOLUNTARY SERVICES IN SOCIAL
WELFARE
Voluntary organisations play an important role in social welfare
through the development of education, health, housing and
providing welfare services for the weak, underprivileged and
handicapped sections of the population and through efforts
aimed at the social development of people, in terms of a change
in their physical, intellectual, emotional, social and moral
composition. Social development increases peoples capacity to
provide and contribute in greater degrees for the own well being
as well as for the good of society. It is here that voluntary
organisations have played and will have to still play an even
more effective role in pushing the programmes of social
development forward. While voluntary organisation have
traditionally worked in the field of social welfare certain state
welfare organisations have also supplemented voluntary efforts,
particularly in the field of beggary, prostitution, juvenile
delinquency, etc. However, in all the fields,voluntary
organisations emphasize the welfare aspect, particularly
because state policy focuses primarily on giving financial and
legislative assistance to the state welfare organisations.
ROLE OF GOVERNMENT AND VOLUNTARY ORGANISATIONS
IN PROMOTING SOCIAL WELFARE
The government has accepted it as a major means of social
welfare and is providing financial assistance without directly being
involved in the functioning of voluntary organisation. The Government
of India has recognized that voluntary organisations are not able to
carry out the welfare programmes to a great extent and moreover the
government bureaucracy being rule bound and essentially
conservatives, it may not be advisable to entrust development work to
the bureaucracy. So a shift has come about in government thinking
regarding inductment of NGOs in development since the Sixth Plan
period.
While the voluntary agencies have been involved in the government's
welfare programmes for a long time, the idea that the scope of this cooperation should be widened has been gaining ground for a few
decades. In October 1982, Prime Minister Indira Gandhi wrote to all the
Chief Ministers that consultative groups of voluntary agencies must be
established at the state level. The document of the Seventh Plan (198590) made this resolve clearer when it is said that during this plan,
serious efforts will be made to involve voluntary agencies in various
development programmes of rural development. Significant for the
voluntary social services, is the constitution of the central social welfare
board. Finally, of the greatest potential significance is the constitution
of a Division of Social Security in the Central Government.
The problem of coordinating the activities' of government and non-governmental
agencies is in some ways more difficult than the problem of coordinating the
activities of central and state governments. The need as well as the difficulty of
co-coordinating government and NGOs are much greater. Particularly within the
field of Social Welfare, as different from the areas of health and education,
The Planning Commission attempts to establish a liaison between these
two efforts in three ways:
By associating NGOs in the process of planning.
By entrusting some government sponsored programmes to NGOs
for implementation.
By promoting the growth of NGOs through a programme of grants-inaid.
There are two ways by which the government could help the existing agencies to
function effectively and grow in response to changing situations. One is by
offering direct help in terms of finances and equipment. Another way is in the
manner in which the existing agencies may continually be associated with
statutory action. Yet another important way in which the government can help the
voluntary agencies in through legislation. Voluntary agencies, if they are worth
the name, must be born of voluntary endeavor. However, it is possible for the
government to create conditions under which people may be encouraged to
organize new voluntary agencies.
IDEOLOGIES OF VOLUNTARY ORGANIZATIONS
As the limitations of state-sponsored, project-based, topdown development became apparent, the 1980s and the
1990s saw increasing attention focused on private,
professional development organizations called nongovernment organizations (NGOs) NGO is a United
Nations term coined mainly to indicate the difference
between the organizations of the states, which are its
direct members, and the organizations that do not
belong to the state. Privatisation and globalization
catapulted the NGOs onto centre stage, often according
them a major role in dealing with the new social,
economic, political and environmental concerns
(Voluntary Action Network India,). The founding
members of the NGOs that came up in the 1980s and
the 1990s were still the middle calls or lower middle
class professionals and quasi-professionals.
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The Seventh Five Year Plan (1985-90) granted formal recognition to
NGOs. The 1980 and the 1990s also saw growth in the size and the
number of NGOs, and diversification of its roles into three types:
1. NGOs that concentrate on development while acting as
intermediaries between donor agencies (indcluding the government
and foreign) and the poor.
2. NGOs that concentrate on empowerment, which take initiatives to
form community-based organisations (CBOs), help the poor obtain
their rights from the state, organize them around issues that
adversely affect them, and lobby for them at various levels of the
state, form networks around popular issues and campaigns around
issues such as energy, environment, housing or women’s rights.
3. NGOs as development consultants which provide training to smaller
NGOs and CBOs, consulting services to governments and foreign
agencies and conduct documentation and research.
VOLUNTARY ACTION
Meaning of Voluntary Action
The term voluntary action refers to the initiatives undertaken
by people independently towards the achievement of
common goals and objectives. Lord Beveridge describes
voluntary action as that action which is not directed or
controlled by the state. He calls it a private enterprise for
social progress. Thus, a voluntary organisation or agency is
one, which is not initiated and governed by any external
control but by its own members.
Definition of Voluntary Action
According to Lord Beveridge: " The term voluntary action as
used here, means private action, that is to say, action not
under the directions of any authority wielding the power of
the state."
Nature of Voluntary Action
As regards a voluntary worker, Lord Beveridge
points out that a voluntary worker is someone
who gave unpaid service to a good cause, and the
group, which was formed to run this good cause,
came to be known as a voluntary organisation. He
firther adds that in recent years there has been a
significant shift of meaning in these concepts.
Nowadays, many of the most active voluntary
organisations are staffed entirely by highly trained
and fairly well paid professional workers. The
distinctively voluntary character of such bodies is
the product not of the kind of workers they
employ but of the manner of their origin and
method of government.
SOCIAL WORK AND VOLUNTARY ACTION
Social work has also ensured the protection of human rights
through various social legislations. This enhances the happiness
of the entire community by protecting from injustice and by
punishing those who do not conform to the social interest.
Besides ' social legislations tackle social problems like
untouchability, child marriage. The dowry system, sati, the
devadasi system and various other social problems, thus
helping to build a wholesome community.
The emerging new notion of social service as a force and
instrument in the promotion of planned social change and
development enlarges the scope or professional social work
activity, which traditionally, has been associated with such
fields of practice as child and family welfare, medical and
psychiatric social work, school social work, correctional and
group services.
Social work has also taken up new responsibilities by tying up
with other disciplines to fight poverty and the problems of
modern society.