Policing Theory of Labor Welfare and India

There are various theories of Labour welfare and we can clearly see the effect of these theories on our India Legislation.

1-      The Policing Theory

2-      Religious Theory

3-      The Philanthropy Theory

4-      The Trusteeship or Paternalistic Theory

5-      Function Theory

6-      The placating Theory

7-      The Public Relation Theory
 

The policing theory is based on assumption that Human Being is so much selfish and always tries for own benefits whether on the cost of others welfare. Any of the employers will not work for the welfare of employees until he is forced to do so. Somehow in today’s scenario this is much true in unorganized sector and in to some extent in organized sector.

ILO and Indian Legislation always assumed that there are two kinds of people 1- self-centered 2. Religious (Religious as in Religious theory of Labour Welfare). Keeping the fact in to consideration ILO made two kind of guide lines 1- Conventions 2. Recommendations (Conventions are forced, Recommendation are advises). Indian legislation made Law to each Observation and that resulted in Large and complicated Law practices.

This is pity of our country, we are so selfish that we cant afford even a small measure of Labour welfare without compulsion. Everybody want to gain as much as possible with in minimum input.  Here I give credit to whom abolished Right to Property from “Fundamental Rights” in 44^th amendment otherwise the condition would have been bad to worst). The requirement of policing theory is because of insurmountable gap of life standard and earning among census of India, whomsoever get chance want to make money as much as possible.   

Form my personal experience there are 90% of employer are doing Intra Mural Labour Welfare due to legislation, they don’t have any kind of feeling related to Religious theory of labour welfare or Philanthropy theory of labour welfare. Even when it comes about extra mural benefit, we can count such employer on fingers among Millions of Companies.

When we talk about the theories based on Philanthropy we must not forget that Most of the companies of unorganized sector don’t follow guide lines laid down in legislation through various Acts. Any how companies are using law as a tool of their own benefit as it is too complex to be understood by poor workmen.  The complexity and loop holes in our legislation related to Labour welfare create a situation to reevaluate the applicability and relevance of certain laws.

GOI should ensure effective compliance of each and every Law. While formulating any law present situations & future Impacts should be taken in to consideration. There should be a proper brain storming session between Trade Unions and Industrialist under the guidance of GOI. A proper time should be given to reevaluate applicability and relevance of Law. Though it is only possible in a situation, where leader from both side are away from self-containment (Broadly saying a self- released person, on the top level of Maslow Hierarchy needs.

“Let the Law not be the tool for Self-containment.”