Sarvagya New 4
Sarvagya New 4
Sarvagya New 4
Table of contents:
1.Declaration
2.Acknowledgements.
3.Objectives.
4.Research Methodology.
5.Introduction.
7.What is Poverty
8.Before Independence
9.After Independence
17.Conclusion.
18.References.
Declaration
I,Sarvagya Kaushik, hereby declare that, the project work entitled, “Law,povery
and Development” submitted to City Academy Law College, Lucknow is record
of an original work done by me under the guidance of Amarnath madhesia sir,
Professor, City Academy law College,Lucknow.
ACKNOWLEDGEMENT
Objectives:
The objective of the project is:
1. To understand the existence of poverty in India.
2. To understand the root causes behind its existence.
3. To understand the legal measures and steps taken by the Indian
Government to eradicate poverty.
Methodology:
This projects work is based on the descriptive approach as it requires a deep
study of the topic followed by thorough description. It is based on secondary
sources, i.e.. Books and electronic sources (internet).
Introduction
The problem of poverty has been a big issue that its existence lies way back to
the time of independence of India. The colonial rule of the British had drained
all the wealth of the country leaving it dependent for its needs to the other
countries. Government has been trying out from a long time to curb out the
problem of poverty with the help of various plans, strategies and policies. But
the roots of poverty in Indian society have got strengthened with time, whose
results can be judged from the failure of all these policies. In this project work,
I will be trying to understand these deepened roots of poverty, along with its
causes and legal as well as non-legal measures to remove the problem of
poverty from India.
Chapter-1
Poverty: Earlier phase & Concept
1. What is Poverty?
Poverty is about not having enough money to meet basic needs including food,
clothing and shelter. However, poverty is more, much more than just not
having enough money.
The World Bank Organization describes poverty in this way:
"Poverty is hunger. Poverty is lack of shelter. Poverty is being sick and not
being able to see a doctor. Poverty is not having access to school and not
knowing how to read. Poverty is not having a job, is fear for the future, living
one day at a time.
Poverty has many faces, changing from place to place and across time, and has
been described in many ways. Most often, poverty is a situation people want
to escape.
When people are excluded within a society, when they are not well educated
and when they have a higher incidence of illness, there are negative
consequences for society. We all pay the price for poverty. The increased cost
on the health system, the justice system and other systems that provide
supports to those living in poverty has an impact on our economy.
While much progress has been made in measuring and analyzing poverty, the
World Bank Organization is doing more work to identify indicators for the
other dimensions of poverty. This work includes identifying social indicators to
track education, health, access to services, vulnerability, and social exclusion.
There is no one cause of poverty, and the results of it are different in every
case. Poverty varies considerably depending on the situation. Feeling poor in
Canada is different from living in poverty in Russia or Zimbabwe. The
differences between rich and poor within the borders of a country can also be
great. Despite the many definitions, one thing is certain; poverty is a complex
societal issue. No matter how poverty is defined, it can be agreed that it is an
issue that requires everyone's attention.
2. Before Independence
According to the Global Hunger Index Report 2012 by the International Food
Research Institute, India ranks 65 in Global Hunger Index. Though there is no
shortage of food production in India, our nation still has the highest
percentage of underweight children under five. India is working hard to
become a superpower in 2020, but what about these poor in India as our
nation still lags behind in improving GHI .India at present has a greater share of
the poor around the world. Thirty years ago, India was home to one-fifth of
world's poor but now it is a home to one-third of poor people. This means we
now have more poor in India as compared to thirty years ago. But the problem
still remains the same; as a hindrance to the overall development of the
country.
1.T. Roy, London School of Economics, Globalization, Factor Prices and Poverty in Colonial India,
Australian Economic History Review, Vol. 47, No. 1. pp. 73-94 (March 2007)
3. After Independence
1970s 1980s
Dandekar and Rath in 1971 used a daily intake of 2,250 calories per person to
define the poverty line for India. Using NSSO data regarding household
expenditures for 1960-61, they determined that in order to achieve this food
intake and other daily necessities, a rural dweller required an annual income of
170.80 per year ( 14.20 per month, adjusted to 1971 Rupee). An urban dweller
required 271.70 per year (22.60 per month). They concluded from this study
that 40 percent of rural residents and 50 percent of urban residents were
below the poverty line in 1960- 61.
Poverty alleviation has been a driver for India's Planning Commission's Task
Force on Projections of Minimum Needs and Effective Consumption Demand
of the Perspective Planning Division. This division, in 1979, took into account
differences in calorie requirements for different age groups, activity levels, and
sex. They determined that the average rural dweller needed around 2400
calories, and those in urban areas required about 2100 calories per person per
day. To satisfy the food requirement, the Task Force estimated that a
consumer spending in 1973 74 of Rs.49.09 per person per month in rural areas
and Rs.56.64 in urban areas was appropriate measure to estimate its poverty
line.
Poverty remained stubbornly high in India through the 1970s and 1980s. It
created slogans such as Garibi Hatao (literally, abolish poverty) for political
campaigns, during elections in early 1970s through the 1980s. Rural poverty
rate exceeded 50%, using India's official poverty line for 1970s.
1990s
2000s
Saxena Committee report, using data over 1972 to 2000, separated calorific
intake apart from nominal income in its economic analysis of poverty in India,
and then stated that 50% of Indians lived below the poverty line. The Planning
Commission of India, in contrast, determined that the poverty rate was 39%.
The National Council of Applied Economic Research estimated that 48% of the
Indian households earn more than ₹90,000 (US$1,476.00) annually (or more
than USS 3 PPP per person). According to NCAER, in 2009, of the 222 million
households in India, the absolutely poor households (annual incomes below
₹45000 (US$740) accounted for only 15.6% of them or about 35 million (about
200 million Indians). Another 80 million households are in income levels of
45000 (US$740) to 90000 (US$1,500) per year. These numbers are similar to
Word Bank estimates of the "below-the-poverty-line" households that may
total about 100 million (or about 456 million individuals).
2010s
The World Bank has reviewed its poverty definition and calculation
methodologies several times over the last 25 years. In early 1990s, The World
Bank anchored absolute poverty line as $1 per day. This was revised in 1993,
and the absolute poverty line was set at $1.08 a day for all countries on a
purchasing power parity (PPP)basis, after adjusting for inflation to the 1993
U.S. dollar. In 2005, after extensive studies of cost of living across the world,
The World Bank raised the measure for global poverty line to reflect the
observed higher cost of living. Thereafter, the World Bank determined poverty
rates from those living on less than US$1.25 per day on 2005 PPP basis, a
measure that has been widely used in media and scholarly circles.
In May 2014, after revisiting its poverty definition, methodology and economic
changes around the world, the World Bank proposed another major revision to
PPP calculation methodology, international poverty line and indexing it to 2011
U.S. dollar. The new method proposes setting poverty line at $1.78 per day on
2011 PPP basis. According to this revised World Bank methodology, India had
179.6 million people below the new poverty line, China had 137.6 million, and
the world had 872.3 million people below the new poverty line on an
equivalent basis as of 2013. India, in other words, while having 17.5% of total
world's population, had 20.6% share of world's poor.
Graphical Representation
Chapter-2
Due to the structure of economy prevailing in India, there exists a huge gap in
Incomes among the rich and the poor. Not only that, government policies is
directed in a way that focuses upon kind of people, rich and the poor; as a
result of which the so called gap between the rich and the poor remains the
same always.
There are numerous reasons behind the existence of such deep roots of
poverty in India2:
1. Limited reforms:
1991 is the year that India embraced globalization and started, like many
countries, its market liberalization coupled with privatization and deregulation
while ensuring macroeconomic stability. Where China has been one of the few
countries that have successfully managed their transition to the global market,
the picture is more mixed with India, with lots of ups and downs.
The Indian society is so diverse that the rapid and unequal growth has brought
overwhelming inequalities which in a democratic country are rather
dangerous. Truth be told: it's dangerous anywhere. But people have more
opportunities to voice their concerns in a democracy, Lad reaching a consensus
on a long-term goal can prove an impossible mission. Tensions between social
groups make it impossible to negotiate, make concessions and solve problems.
That's why in most cases reforms in rural areas have been mostly half-
measures and limited short-term solutions that have hardly made a dent in
poverty reduction in India. On the other hand, reforms at the macro level
encouraging the development of new sectors and exchanges with the world
have been successful and benefited mostly urban populations and the
corporate sector. Many surveys confirm that the population is convinced that
the reforms have benefited mostly the rich while the rest still lack access to
basic services.
High population growth rate is one of major reasons of poverty in India. This
further leads to high level of illiteracy, poor health care facilities and lack of
access to financial resources. Also, high population growth affects the per
capita income and makes per capita income even lower. It is expected that
population in India will reach 1.5 billion by 2026 and then India will be the
largest nation in the world. But India's economy is not growing at the same
pace. This means shortage of jobs. For this much population, near about 20
million new jobs would be required. Number of poor will keep on increasing if
such a big number of jobs won't be created.
Apart from all these, unskilled workers are paid very low in spite of hard work
they put daily. The problem lies with the unorganized sector as owners do not
bother the way their workers live and the amount they earn. Their area of
concern is just cost-cutting and more profit. Because of the number of workers
looking for a job is higher than the jobs available, unskilled workers have no
other option but to work for less money. The government should really find a
way to impose minimum wage standards for these workers. At the same time,
the government should ensure that this is implemented well.
Chapter-3
Introduction
The inability to meet basic needs such as food, clothing, or shelter is referred
to as poverty. Being poor in Canada is not the same as being poor in Russia or
Zimbabwe. Poverty varies widely based on one’s situation, and there is no
single cause for it. Disparities between rich and poor within a country may be a
warning indicator of a worsening situation.
Poverty robs people of many necessities that others take for granted. This is
one of the causes why the poor engage in such illegal activities: they want to
have access to opportunities and materials that they have been denied for a
long time. As a result, people resort to illicit means to meet their demands,
which contributes to crimes such as burglary, theft, robbery, assault, rape, &
attempted rape, among others.
The justice system regards them as criminals rather than poor people because
they committed the crime and met all of the conditions for being a criminal.
Poverty has little impact on crime, yet crime can keep people poor owing to
factors such as a criminal record and education. We cannot erase crime unless
we develop a social and political system in which everyone has a good
existence, which includes proper employment, proper income, healthcare,
education, and nutritional food for children.
The poor are more prone than other economically secure persons to be victims
of crime. They become crime victims as a result of the greed of others; they are
used as a means. For example, when a drug peddler wants to provide the
substance, he or she may need someone who is willing to face legal
consequences if caught, therefore he may offer a specific amount of money to
an unfortunate person, and the poor will agree to commit the crime.
The judiciary has kept a close eye on this constitutional obligation, ensuring
that any conflict between the legislature and the government is minimised.
Building on Article 21, the judiciary has adopted a broad view that
encompasses practically all aspects of poverty, whether direct or indirect.
Constitutional Espousal
The function of the law in poverty alleviation is a key topic. The Indian
Constitution is the highest commander of law in India, and the writers of the
Constitution were anxious that each and every citizen has the opportunity to
be developed and uplifted, thus provisions for this were incorporated. Despite
the fact that the term “poor” is not included in the Indian Constitution,
the Preamble, Fundamental Rights, and Directive Principles of State Policy all
support the welfare state model.
The right to life is a human right, and no state can deprive its inhabitants of
this right unless a legal procedure is followed. This does not merely suggest
that life cannot be destroyed or taken away, as in the imposition and execution
of a death sentence. Since no one can exist without a means of subsistence,
the right to work is equally important.
Every party to litigation has legal access to the court to present their cases, but
the proceedings need the payment of court fees as well as the assistance of an
experienced lawyer. Article 39 of the Convention on the Rights of the Child
states that the legal system should provide free legal aid to those in need.
Article 15 and 16
Authority of Insurance articles (COI) grant the state the authority to create
special arrangements for backward castes and social groupings. They include
steps to offer preference to socially, educationally and economically
Present Scenario
Chapter-4
Overall, the opening of Indian markets to the world did over the years
contribute to reducing poverty in India by raising the income of a large number
of people, and opening access to education to many. Liberalizing the system of
exports, imports and trade, along with the development of higher education in
larger cities has been the major factor leading to the rise of the middle class
and reduction of urban poverty in India. However, considering the scale of the
country, it means that trade reforms and education should penetrate all layers
of society if poverty is to be tackled substantially
As over 2/3rd of the population lives in rural areas, public investment should
focus on developing agriculture and basic infrastructures, but "for real" this
time. While drought has become the plight of so many places on earth, a lot of
Indian regions have plenty of water and plenty of people to exploit the land,
rather than being excluded. On top of that, the manufacturing sector is starting
to boom so now is the best time to improve agricultural productivity and
employ the jobless or underemployed migrating to the cities. The private
sector will be more than happy to invest and trade with new regions, but not
as long as they're unprofitable or inaccessible.
And that is the role of the state: to provide at least the most basic
infrastructure and roads to connect villages. Finding these funds won't even be
that hard if the government considers the ineffective subsidies given
elsewhere for fertilizers and such plans to introduce or reinforce social safety
nets have yet to be implemented
Conclusion
Poverty in India is a big problem that has been around for a long time, and it
causes many problems. To solve it, we need to use different ways and ideas.
India has made progress, but we need to keep working hard, have good
leadership, and make fair rules to help many people escape poverty and make
society fairer. It’s not just the right thing to do; it’s also essential for India’s
future growth and peace.
The conclusion regarding law, poverty & Development in India is multifaceted.
While legal frameworks exist to address poverty and promote development,
effective implementation and enforcement remain key challenges.
Additionally, socio economic disparities persists, hindering inclusive growth .To
address these issues comprehensively, concerted efforts are needed to
strengthen governance, enhance access to justice, promote equitable
economic opportunities, and priorities social welfare measure. Ultimately, a
holistic approach is necessary to mitigate poverty and foster sustainable
development in India.