What is Social Security?

The concept of social security is not new. It has been there for centuries in the form of welfare provided by Kings and emperors to the needy population. For example, the "Free Grain to Poor" in Roman Empire is perhaps the oldest recorded form of social security.
In modern era with the rise of Nation States, the theory of 'Social Contract' forms the basis of state sponsored Social Security measures. As per the 'Social Contract' the individuals who join together to form a society or nation state have the right to be protected and provided for their welfare by the state. This forms the basis of 'Poor Laws' of 1601 in Britain and then the 'Worker's Compensation' and 'Sickness' allowance programmes by Otto Von Bismarck in Germany as the first modern examples of Social Security.

Different definitions of Social Security

Social Security refers to the mechanism that provides sustenance to those who cannot work and earn their living due to temporary or chronic reasons. Our ranking on Human Development Index (131 out of 188) shows that India is in 'medium human development category'.
This is primarily due to poor living conditions of millions of vulnerable sections of our society like women, children, elderly, unemployed, disabled, farmers, tribal groups etc. Hence, India needs Social Security measures to raise the living standards of these people to bring them out of the cycle of vulnerability.
Earlier the social security in India was provided by the traditional joint family system. But now this traditionally informal security system of family in India has been impacted due to industrial revolution, modernization and urbanization and job opportunities in cities, individualistic attitude of children, etc.

According to International Labour Organisation,” Social security is the protection that a society provides to individuals and households to ensure access to health care and to guarantee income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner”. It is a right which is generally guaranteed by some act or legislation to people for their economic and social security in the time of sickness, disability or old age.

William Beveridge has defined social security as “a means of securing an income to take the place of earnings when they are interrupted by unemployment, sickness or accident to provide for the retirement through old age, to provide against loss of support by death of another person or to meet exceptional expenditure connected with birth, death, or marriage. The purpose of social security is to provide an income up to a minimum and also medical treatment to bring the interruption of earnings to an end as soon as possible.”

According to Friedlander Social security is a security which is to be provided to the society in individual in order to deal with various event and occurrence in life.

Definition by Giri (V.V.) V.V. Giri defines Social security as “Social security, as currently understood, is one of the dynamic concepts of the modern age which is influencing social as well as economic policy. It is the security that the state furnishes against the risks which an individual of small means cannot, today, stand up to by himself or even on private combination with his fellow countrymen.

Sinfield describes Social security situational i.e., as a state of complete protection against the loss of resources.

Origin-

The English word "security" originates from the Latin word "se-curus." "Se" means "liberation" and "curus" means "uneasiness." That is, "security" originally meant liberation from uneasiness, or a peaceful situation without any risks or threats. The English word "security" has a wide range of meaning including "to feel safe," and "to be protected" and is used to describe a situation without any risks or worries. 

The English expression of "social security" is also relatively new. It began to be utilized in the 20th century.

First country to adopt Social Security code

120 years ago, Germany became the first nation in the world to adopt an old-age social insurance programme, designed by Otto von Bismarck.

Germany was the first country to introduce Social security scheme. Each member of a particular trade (blacksmiths, painters, weavers etc) was required to contribute at regular intervals; Money from this fund was used for food, lodging, hospital and funeral expenses of aged and disabled members.

The expression appeared for the first time in a law in the Social Security Act of the United States that was enacted in 1935.

The concept of Social Security was formalised by the adoption of 'UN's Universal Declaration on Human Rights'. Article 22 of this declaration can be regarded as the core premise for social security. It reads as - "Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality."
Further Article 23 of the declaration says that - "Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection."
International Labour Organisation (ILO) adopted 'Social Security Convention, 1952' to establish a worldwide agreed minimum standard on Social Security.

Social Security contingencies as per this convention are-
• Old Age Pension
• Survivor's/Dependants Benefit
• Occupational Injuries
• Disability Benefits
• Unemployment Benefits
• Family Benefit for maintenance of family
• Medical care
• Maternity benefit
• Social assistance for others in need

The concept of Social Security founds a conspicuous mention in the Millennium Development Goals as well as Sustainable Development Goals.

Types of Social Security

• Preventive Social Security - These are the schemes that are aimed at risk prevention i.e. reducing vulnerabilities that could lead to socio-economic marginalisation. It covers schemes like health care, vaccination, education, livelihood opportunities etc.
• Promotional Social Security - it covers schemes that provide assistance to socio-economically marginalised people. For example- reservations in education and jobs, rehabilitation, financial and other assistance etc.

In simplest of words, Social Security is the mechanism that ensures 'Freedom from Wants' for the needy i.e. the mechanism that provides sustenance to those who cannot work and earn their living due to temporary or chronic reasons.

Known interchangeably by different names like - 'Social Protection, 'Social Welfare' etc. it covers measures or action programmes aimed towards the welfare of vulnerable sections of population like
• Children
• Elderly
• People with Disabilities
• Women
• Unemployed
• Socially Marginalised
• Farmers
• Tribal Groups
• Sex Workers
• Persons living with HIV
It is a pre-requisite for just and equitable society which acts as shock absorber and step towards protecting people against vulnerabilities, bridging societal inequalities, ending poverty and hunger and strengthening human dignity, social cohesion and democracy.
Social Security covers diverse aspects within its ambit like - Pension schemes, unemployment allowance, Nutrition and Health related schemes, education and skill development schemes, providing essential utilities at subsidised rates etc.
In short, any measure or programme that can promote the welfare and improve the quality of life of the population can be referred to as social security measure.

Society has responsibility to poor, old, disabled, sick and dependants for their welfare and security. In the past, in large or joint families more so in rural areas those in need or disadvantaged were looked after by their relatives and friends. Following industrialization, migration and urbanization the nuclear families are on the rise and with the disintegration of joint family system, the naturally inbuilt social support system is also waning.

• Social Security has been defined as “the security, which the society provides through appropriate organization against certain risks to which its members are perennially exposed”. The risks are broadly classified into two categories:
• Physical Risks: Sickness, invalidity, old age, maternity, accidents and death.
• Economic Risks: Unemployment, financial losses, etc.

India can be regarded as an early starter in the field of Social Security and as early as in 1923, the Workmen's Compensation Act was enacted in India.

As India is a founding member of both ILO as well as UN, the principles of Social Security highlighted by these institutions find their mention in the Indian constitution. The Article 41 of Indian Constitution expressively talks about Social Security. It says - '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 in other cases of undeserved want.'
This Directive Principle of State Policy though not legally enforceable, forms the moral and legal basis for several of the Social Security measures and schemes India has initiated for its vulnerable population.

Today, in India, in general the following categories of security are available to the citizens:

• Civil Services: Pension, Gratuity, Provident fund, family pension and comprehensive medical care (CGHS Scheme).
• Armed Forces: Pension and Insurance
• Industrial Workers: Benefits like maternity, sickness, medical disability, dependent and funeral expenses (ESIS).
• Public: Life Insurance, Accident Insurance, Medical Insurance (Mediclaim), Fire Insurance, Crop Insurance, Theft Insurance, and Public Provident Fund.

Approaches: Social Assistance, Insurance and Defense

The three main areas/approaches to social security are:

• Social Assistance (non-contributory)
• Social Insurance (contributory)
• Social Defence (protection)

Social Assistance

The beneficiaries do not contribute to it and the benefits are provided as a matter of right and without any “means test”.  Whereas in charity or poor relief (different from Social assistance), there is some stigma about them and are generally granted after a “means test”. The examples of social assistance are old age pension, widow pension, assistance to leprosy patients, family planning assistance, etc.

Social Insurance

The beneficiaries also contribute to it in addition to State and others. Example Life Insurance, Accident Insurance, Medical Insurance (Mediclaim), ESI Scheme for workers, Crop Insurance, Theft Insurance, Fire Insurance, etc.

Social Defense

It is mainly protection of society from anti-social, criminal conducts. Example Eradication of beggary, gambling control, prostitution control, welfare of prisoners, anti-dowry measures, suicide counselling, etc. In conclusion, social security considers three essential elements viz., security of employment, security of income and security of right to work. This forms the basis for social welfare in industrialized and urbanized economies.

International Protocols

International Labour Organization in 1919

• the foundation of International Labour Organisation in 1919 immediately after the end of First World War in 1919 as an autonomous agency of the League of Nations by the Treaty of Versailles  with a vision to establish long lasting universal peace by way of ensuring dignity to the lives of working people of the world.
• The ILO, guided by the principle of social justice, is dedicated to improving and protecting the working conditions and living standards of labour by promoting standards for national legislation.
• It supervises the practice of ratified conventions by the member nations and engages itself in the tripartite dialogue process involving member governments, employers, workers organizations, and an ILO representative.
• The other important functions include technical assistance to member countries to adopt and implement ILO standards which cover rights at work, child labour, disabled workers, discrimination, equality of treatment and advancing opportunities for men and women, freedom of association, human rights, maternity protection, pensions, the elimination of forced labour, occupational safety, social security, protection of international migrants, and so on.
• As a first specialised agency of United Nations with 187 members at present, ILO is constantly working to safeguard the rights of workers of the world.
• Declarations:
  Declaration of Philadelphia (1944):
  To pursue the extension of social security measures to provide a basic income to all in need of such protection and comprehensive medical care
  Thus, with the adoption of the Declaration of Philadelphia, ILO constituents widened the mandate of the Organization from the social security protection of workers and their families to the extension of social security measures to all those in need.

Preamble to the ILO Constitution (1919):
To improve conditions of labor, inter alia, through the  prevention of unemployment, the protection of the worker against sickness, disease, and injury arising out of his employment, the protection of children, young persons and women, provision for old-age and injury.

Social Security (Minimum Standards) Convention, 1952 (No. 102)  -

This Convention sets out minimum standard for the level of social security benefits and the conditions under which they are granted. It covers the nine principal branches of social security, namely medical care, sickness, unemployment, old age, employment injury, family, maternity, invalidity and survivors' benefits.

United Nations Organisation in 1945

• The next important development was the establishment of United Nations Organisation in 1945 immediately after the end of Second World War as a platform for dialogue for the promotion of peace and international security, social and economic progress, human rights, and so on.
• One  important development was the adoption Universal Declaration of Human Rights by the General Assembly on 10th December 1948 and the further developments thereon.
• The UDHR through its 30 articles clearly articulated the rights that every human being must enjoy including the right to social security.
• The Declaration in its preamble stated, “to the end that every individual and every organ or society, keeping this declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of member states themselves and among the peoples of territories under their jurisdiction.”
• The declarations enshrined in all the 30 articles were later transformed into legally binding obligations by the adoption of two International Covenants viz. the International Covenant on Civil and Political Rights with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights in 1966 by the UN General Assembly and came into force in 1976 with many countries ratifying them. These two major developments viz. the declaration and the adoption of the legally binding international covenants together constitute what is known as the International Bill of Human Rights.

Article 22

International Bill of Rights:
Universal Declaration of Human Right:
The Universal Declaration of Human Rights recognizes the right to social security in article 22,
Which states that: "Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 25

• The Universal Declaration of Human Rights in its Article 25 speaks about social security to everyone as a member of society. In particular Article 25 (1) states, “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age, or other lack of livelihood in circumstances beyond his control”.
• The International Covenant on Economic, Social and Cultural Rights necessitates its member countries to take steps in fullest potential to progressively realise the economic, social and cultural rights recognized in the Covenant. The Article 9 of Part III of the Covenant delineates the right to social security including social insurance. Some of the comments on the right to social security act (Article 9 of the Covenant) by the United Nations Committee on Economic, Social, Cultural rights in 2008 are worth recalling here. According to the Committee
• (1) The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance. The right to social security is of central importance in guaranteeing human dignity for all persons when they are faced with circumstances that deprive them of their capacity to fully realize their Covenant rights;
• (2) The right to social security encompasses the right to access and maintain benefits, whether in cash or in kind, without discrimination in order to secure protection, inter alia, from

(a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member;

(b) unaffordable access to health care;

(c) insufficient familysupport, particularly for children and adult dependents;

• (3) Social security, through its redistributive character, plays an important role in poverty reduction and alleviation, preventing social exclusion and promoting social inclusion; and
• (4) In accordance with Article 2 (1), States parties to the Covenant must take effective measures, and periodically revise them when necessary, within their maximum available resources, to fully realize the right of all persons without any discrimination to social security, including social insurance. The wording of Article 9 of the Covenant indicates that the measures that are to be used to provide social security benefits cannot be defined narrowly and, in any event, must guarantee all peoples a minimum enjoyment of this human right. These measures can include both contributory and non-contributory schemes.

State parties obligation:
State parties to the ICESCR have the obligation to respect, protect and fulfil the right to social security. In the General Comment no 19 (2007) On the Right to Social Security the UN Committee on Economic, Social and Cultural Rights clarified that the right to social security as enshrined in the ICESCR encompasses:
"the right to access and maintain benefits, whether in cash or in kind, from

(a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member;

(b) unaffordable access to health care; (c) insufficient family support, particularly children and adult dependents"

International covenant on civil and political rights:
According to the UN Human Rights Committee article 26 of the International Covenant on Civil and Political Rights on discrimination applies to the right to social security. In a General Comment from 2000 the Committee highlighted the right to social security as an area where women are frequently subject of discrimination.

ILO conventions and recommendations relevant to social security extension policies include:
The Social Security (Minimum Standards) Convention, 1952 (No. 102)
The Equality of Treatment (Social Security Convention, 1962 (No. 118)
The Employment Injury Benefits Convention, 1964 (Schedule I amended in1980) (No.121)
Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128)
The Medical Care and Sickness Benefits Convention, 1969 (No.130)
The Maintenance of Social Security Rights Convention, 1982 (No. 157)
The Employment Promotion and Protection against Unemployment Convention, 1988(No.168)
The Job Creation in Small and Medium- Sized Enterprises Recommendation, 1998(No. 189)
Maternity Protection Convention (Revised)2000 (No. 183)