The relation between law and social work giving suitable examples

Q.3. Answer any two of the following questions in about 300 words each :

b) Explain the relation between law and social work giving suitable examples

Social work and law have an important relationship.

(1) In many countries especially in the West social work has been given statutory powers to intervene in selected areas of social life, for example the family to protect children or prevent domestic violence.

(2) Due to scandals in the social services regulation through law has increased in these areas. (3) The limitations in law and the legal system has made it difficult for common people to get justice. Social workers have understood this chronic malady afflicting the legal system. Therefore law has an ever increasing importance in social work education as well as professional service.(Cull and Roche,2001; 12). Another important development that has made law important for social work is the emergence of human rights based practice. (Johns, Roberts, 2005; 20)

The need for knowledge of law is of paramount importance to the Indian social worker. Indian social legislations are often attempts to bridge the gulf between consensual values and their apparent incongruence with prevailing patterns of behaviour. It creates a legal framework for the new situations and provides opportunities for change in the desired direction. (Gangarade and Batra in Encyclopedia of Social Work in India, 1987; 72).

Social workers need the knowledge of law when they perform their roles as counselors. Secondly, social worker as mentioned earlier performs a number of quasi-judicial functions in the correctional field, childcare, adoption and mental health field. Thirdly, in developing countries like in India the social worker need the knowledge of law to protect the poor from the misuse of law by the powerful. PIL is a tool to ensure rights to those whose rights are violated. Hence the social work has to get a basic understanding and knowledge of the following:

1) Constitution with special emphasis on rights and directive principle

2) Legal Aid

3) Legislations related to marriage, divorce, maintenance, adoption and succession

4) Special legislations to protect disadvantaged sections like Dowry Prohibition Act, People with disabilities Act, Prevention of atrocities of SC&ST, Juvenile Justice Act

5) Public Interest Litigation

6) Basic procedures related to arrest, bail, First Information Report, charge sheet etc.

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