Social Security Laws: A Distinct Feature of Indian Democracy – Comparative Analysis with Existing Provisions in Various Countries

The right to social security is a fundamental human right enshrined in international law. The Universal Declaration of Human Rights (UDHR), particularly Articles 22 and 25, recognizes social security as essential for a society to function peacefully and smoothly. This right is further elaborated on in the International Covenant on Economic, Social, and Cultural Rights, specifically Articles 9, 10(2), and 10(3). These articles emphasize that social security is not just a benefit, but a right that everyone should enjoy. In recognition of this right, most countries have established social security systems that provide a safety net for their citizens. These systems come in many forms, but they typically offer various benefits, including unemployment benefits, disability benefits, healthcare, etc. This paper will delve into the details of how different countries, including the UK, USA, and others, have implemented social security systems. By analyzing the existing international conventions and legislations, the paper will explore how social security plays a crucial role in upholding human rights and fostering a stable and secure society. A welfare state is a state that provides basic economic security for its citizens by protecting them from market risks associated with old age, unemployment, accidents, and sickness. Modernization and globalization have resulted in radical socio-economic changes and given rise to new conflicts and tensions consequent upon the erosion of an age-old family and fraternal security. There are three purposes of social security: compensation, restoration, and prevention. Article 41 of the Constitution states that “the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness and disablement, and other cases of undeserved want.” While India does have social security schemes, they cover a much smaller portion of the population compared to other developed nations like the USA and the UK. If we compare the statistics, it becomes clear that India faces challenges not just in designing social security policies but also in implementing them effectively.