Law To Eliminate Poverty - Essay Example

Law To Eliminate Poverty Table of Contents Law To Eliminate Poverty 2 Introduction 2 Poverty Law 3 Poverty Elimination Act of Canada 3 Hong Kong and Poverty 5 US Law and Poverty 6 Class Based Society 6 Microcredit Regulatory Authority Act 2006-Bangladesh 7 Eradication of Corrupt Practices 8 Enforcement of Law and Order 10 Ignorance of Poor People 10 Conclusion 14 References 16 Law To Eliminate Poverty Introduction The state of being extremely poor is poverty. It means that its sufferers have little or no material means of living such as food, shelter, clothes, healthcare, education and others (Barr, 2004). Law is an effective instrument to control the issue of poverty but it also requires other factors to participate towards annihilation of poverty such as government of a country and people resided in any country. The measures adopted by the governmental and the social welfare organizational level to improve the quality of life of the poor people and the down trodden in fact amounts to serve towards poverty reduction. In the Christianity where nun volunteers herself to poverty to satisfy her religious belief, cannot be considered as circumstantial poverty (Kerbo, 2006). At this time and age, continued economic development is constrained by lack of economic liberty. Economic liberalization should have the property rights to the poor and the needy. Financial services are accessible to them by way of technology such as mobile banking (Kenworthy, 1999). Inefficient and corrupt institutions are the major contributors to discourage investment and to frustrate the economy of a country. Foreign aid, NGOs, public and private sectors can be instrumental in uplifting health, education and poverty reduction (Kerbo, 2006). To improve the living standard of masses that are living below the poverty line, it is necessary to curb this menace. Green Revolution is the best example of it. Some of the donation givers bind donation receivers to buy their expensive products from their countries, which sometimes frustrate the efforts to meet the poverty reduction target (Barr, 2004). Poverty Law The poverty law definition is "the legal statutes, regulations and cases concerning day-to-day life of economically suppressed class" (Lehman, 1992). The mentioned law somehow or the other deals with the legal issues and social justice i.e. public benefits law, health care law, housing law, education law, elder law, family law, juvenile law, employment law, welfare law, and Social Security law. In the broader term, it includes consumer law, immigration law, insurance law, domestic violence, childcare, electoral reforms, political science, economics, sociology, social policy, social work, and financial literacy of low-income people (Lehman, 1992). Poverty Elimination Act of Canada Poverty alleviation bill C-545, passed by the House of Commons of Canada, directs the federal government to develop poverty elimination strategy by creating independent poverty commissioner to effectively monitor the progress of the strategy evolved to eradicate poverty. The mentioned incumbent shall provide guidance to the National Council of Poverty and Social Inclusion to address the poverty related issues (Pasma, 2010). The poverty elimination strategy should be based on three major segments: income, housing and social justice. The bill stressed upon the need of gender analysis, certain urban and rural responses, and a vital human rights framework. The poverty elimination strategy is the most effective tool in eliminating poverty from Canada (Pasma, 2010). There is a dire need to address this issue immediately since demonstration is on the rise against poverty and income insecurity due to the current recession. Further, this number has been soaring if one takes into account the last year analysis according to which around 900,000 people are badly suffered at the hands of recession (Pasma, 2010). It is interesting to note that the Canadian government has not taken any specific measure to eliminate poverty. The debate is still going on the different forums what to do and what not to do to alleviate the poverty. The only available criteria to measure poverty are the low-income strata. The Low Income Cut offs are the based on the proportion of households that spend at least 20 percentage points more of their income than the average household on food, clothing and shelter, and it vary from family to family and the size of community. The data in question is mostly used by the stakeholders to determine the gravity of poverty (Martin, 2010). The Poverty Reduction Act, 2009 incumbent upon one of the Canadian state Ontario to maintain poverty reduction strategy. Another poverty reduction measure can be found in Ontario’s leading jurisdiction in reducing poverty. The poverty reduction strategy is to be guided by the vision where every person has the equal opportunity to put in concerted efforts, contribute and participate in prosperous and healthy activities. The poverty reduction strategy or measures should be in line with the bill which includes: (a) a specific poverty reduction target; b) appropriate measures to improve economic and social wellbeing of persons and families living in poverty and (c) measure the success of the strategy that has the linkage to the determinants of poverty including but not limited to income, education, health, housing and standard of living. The Government of Ontario is required to establish a specific poverty reduction target at least every five years (Munro, 2011). It is the bounden duty of Ontarian government to assess the poverty reduction every five year. The ministry is required to inform the public about the proposed assessment to have the views of public, carry out consultations with key stakeholders, government, members of the private, public and non-profit sectors, individuals, those are living in poverty, and representatives of all walks of life but not limited to immigrants, women, single mothers and destitute. Keeping in mind the feedback from mentioned people, the government should evolve another effective strategy for a period of five years to tackle the issue of poverty and introduce effective measures to do away with the poverty (Munro, 2011). Hong Kong and Poverty Hong Kong has a reputation of a well off country but this fact cannot be denied that poverty is also a problem of Hong Kong like other countries. Multiple attempts are made to control poverty in Hong Kong. However, a lot needs to be done in order to handle the issue completely. According to a report, an estimation of nearly 1.22 million people is there that have low income and they cannot afford fulfilling their basic needs (Kerbo, 2006). The class difference that is existent in Hong Kong is also large as rich and poor can be differentiated with wide differences in terms of income. The rate of poverty has increased with every passing year. Law is not that much supportive for the elderly people as women who are dependent on their husbands do not get the benefits of retirement protection under the law. Employment and security with employment is a major problem in Hong Kong as a large population is unemployed or is gaining low income. Minimum wage policy under law to control the issue of poverty is currently a major concern for Hong Kong (Hong Kong Industrialist, 2010). US Law and Poverty In the western world, the array of prevailing legal rules relating to property, contract, family and Torts law provides legal framework in developing and maintaining economic imbalances. The US inheritance law protects the interest of only wealthy and privileged Americans in terms of right of property. This law is biased in its essence for the poor, helpless, needy, women and color people (Kerbo, 2006). Class Based Society Generally, the vast majority of women and color people do not have the resources, the assets. It is directly or indirectly under the control of whites. It indicates that the white people become richer and the women and the color people become poorer day by day. For those who possess assets, have the opportunity to make more and more by deploying their assets in a profitable venture to live a comfortable life. Amassing of wealth in few hands, no doubt are the main reason to deprive poverty-stricken people from their rights. This needs to be addressed (Williams, Kjonstad & Robson, 2003). The salaried class has to rely on their shoestring budget to meet both ends requirement. They are compelled to put their hard-earned money on buying food, health, shelter and the education of their children. Since the money, they have not enough to compete with the affluent class who spent a lot of amount on the education of their children so they may be able to get a lucrative job in an esteemed organization (Williams, Kjonstad & Robson, 2003). Whereas the medium wage earners have to live within their means. They can only afford education in schools and colleges though not compatible with the educational institutions where the children of elite class get education to ensure their future bright. The said class makes inroads in the top hierarchy of the country. Therefore, the mentioned educational systems are responsible for the creation of class-based society. It divides the society into two categories a) have and b) haves not. In other words, one who rules and the others are to be ruled (Williams, Kjonstad & Robson, 2003). Microcredit Regulatory Authority Act 2006-Bangladesh In the initial period of independence, Bangladesh was entrapped in the chronic poverty due to uncontrollable population, continuous natural disasters and low-income profile of its people which lasted till 1980. The challenges ahead of new government were very cumbersome and needs immediate attention to redress the situation. In that period of economic turmoil, the role of NGOs in reducing the poverty was plausible (Khandker & Zaman, 2011). Economist witnessing sustainable growth since 1990 that helps reduces the poverty. If we look at the status of 91-92, it reveals that around 60% population was below the poverty line and nearly 50% was below the extreme poverty line. The figures published in the year 2005 show remarkable reduction in poverty from 60% to 40% below the poverty line and from 50% to 25% below the extreme poverty line. This has achieved mainly because of structural changes, trade liberalization and market reforms (Khandker & Zaman, 2011). With the introduction of microcredit regulatory authority act 2006, many Micro finance banks came on the surface to address the issues of poverty and extreme poverty in Bangladesh. The mentioned banks work on the philosophy of “rising income ultimately decreases the poverty” (Khandker & Zaman, 2011). In this respect, we may quote here the Grameen Bank, which plays a vital role by establishing its branch in every nook and corner of Bangladesh especially in remote villages to serve the poor people. This is a unique example of banking with the poor and the poorest. The mentioned bank becomes instrumental in the change of life of those living below poverty line / extreme poverty line (Khandker & Zaman, 2011). Eradication of Corrupt Practices The guardian of constitution and law is the judiciary. If judiciary were involved in corrupt practices, the problems would be manifolds for the government and the people at large. Hence, the decisions of the judiciary should be crystal clear and unbiased. It should not bear external pressures in deciding the matters before it. Justice should be well in time to the litigants and it should not be delayed. Delay in justice and cumbersome procedure will shake the confidence of people in judiciary. We all must have heard about “Justice delayed justice denied”. The best law has no value if it is not enforced in letter and in spirit. The best judges and magistrates are burdened on the national exchequer if they do not meet the expectation of taxpayers. Further, thorough investigations of cases proved futile if judges and magistrates are only interested in minting money through corrupt practices for their own welfare and well-being (Williams, Kjonstad & Robson, 2003). The government should put in place stringent laws, preventive measures and corruption control committees to deal with the corruption and corrupt practices. Further, corruption and corrupt people should be disclosed in print and electronic media to deter other people from doing or following the corrupt practices. Exemplary punishment should also be given to such people. Further, society should also condemn corrupt practices and corrupt people to eliminate corruption at all levels. Strong independent bodies can help ensure that the acceptable standards of behavior are respected in both the private and public sector. Political leadership should ensure transparency in all dealings of the government. They also ensure transparency in their own financial dealings. They should declare their own assets and the assets of their family members before contesting election. It is the duty of election commission to check the veracity of the declared assets of the designate contestants and their family to find out his / her suitability for contesting election (Williams, Kjonstad & Robson, 2003). In the larger interest of public, government should educate people about what are the disadvantages of corruption for them and for their country. Government should promote and encourage healthy practices in the society by encouraging honest people. The public need to learn (a) not to let anybody buy their vote; (b) not to pay bribes themselves; (c) to report incidents of corruption to the authorities; and (d) to teach children the right moral values of the society and last but not least e) integrity (Williams, Kjonstad & Robson, 2003). Enforcement of Law and Order The first and foremost duty of federal and provincial governments is to maintain law and order in the country without which poverty not be reduced and eliminated. How can a country survive and become prosperous without the ideal situation of law and order. The reason is obvious, no new investment comes in from abroad. Even the native investors found it difficult to invest in new and existing projects. By way of imposition of government writ, we may reap the benefit of generating more employments for its youths that would be of great help in alleviating poverty in the country. The basic need of a country is to introduce and strengthen the good governance by deploying God-fearing people in the parliament, in the judiciary and in the executive who have the capability to deliver. Ignorance of Poor People The poor people have either no knowledge or little knowledge of the law. A famous poet Oliver Smith observed as "Laws grind the poor and the rich men rule the law" (Kenworthy, 1999). Civic education is eminent to aware them about their rights that enshrined in the constitution. Their deprivation mainly attributes to their rights, which provide equal opportunity to do whatever they like to do within the legal ambit. They may knock at the door of judiciary in case of injustice done to them. Most poor people have little or no contact with the formal legal system, they rely on the bureaucracy to find solutions for them, or resort to informal norms, practices and institutions, which often turn out to be more harsh and costly (Kenworthy, 1999). The majority of poor constitutes more than fifty percent work force, works on agricultural land and livestock are un-recognized in terms of production, prices, markets and other tricks of trade. In urban areas, self employed such as hawkers and stallholders are informal and un-organized, hence, play at the hands of administration. In most of the cases, private management do not allow or discourage formation of union to its employees as bargaining agent to negotiate with the management for their legitimate rights. According to survey, half of the poor in the informal economy are self-employed, others are employed by informal enterprises or households, and a quarter informally employed by formal enterprises. Average earnings and working conditions are at lowest ebb and risks are high in the informal economy, particularly operators, casual daily wagers and industrial workers. Employment is generally a larger source of employment for women rather than for men (Bradley, et al., 2003). Poverty as a public policy failure is man-made can be eliminated. In the developed world, majority have the rights and obligations as workers, businesspersons, women and asset holders. In developing countries, the majority is working and living outside the purview of social justice system. In many countries, the legal system attributes to the oppression of poor in general and women in specific (Smeeding, 2005). The productive potential of poor people and their livelihoods lies with the systemic reforms that is to say empower the poor, affirming the equality of all poor women and men in relation to the law and in the interest of a society as a whole. Legal empowerment should be a process and a means to fight against poverty. Give more opportunities to poor people to work that enable them to get out of poverty (Smeeding, 2005). The country’s government, the Parliament or the House of Commons as the case may be is a key to Legal Empowerment and Systematic Reforms. Change has always its dimensional effects and takes time to make its roots provided there are resources, political will, bold decision and support of civil society to carry out suggested reforms to reduce or to curb poverty from the country. It must be clearly understood that only policy reforms cannot produce lasting impact or widely shared prosperity when the institutional conditions are poor. Sound and sustainable policies certainly produce the desired results provided meeting the above parameters. The economists cannot deny the role of government in relation to its own citizens especially the poor (Kerbo, 2006). Legal empowerment is a process through which people are provided rights within the appropriate legal framework, which can claim and find useful in improving their income and livelihoods, and recognized both legally and legitimately. The delegated legal powers requires that information is available and that appropriate institutions are there to ensure that commercial and employment agreements executed are respected, property titles and businesses are registered, and access to social protection and justice is at arm’s distance. Due to which people will be engaged as public and private sector agents and participate in fully functioning market institutions (Bradley, et al., 2003). It is to be borne in minds that fair rule of law cannot be imposed from outside. To ensure that it is recognized on account of majority decision of the citizens as valid thus creating a recognizable framework accessible and open to all. The reforms must have the identity, voice, access to justice over and above poverty rights, labor rights and business rights. Reforms are always designed to promote access to justice and the rule of law in order to make audit of the current laws and repeal those that are harsh and curtail the rights, interests, and means of livelihood of poor people (Bradley, et al., 2003). Formal judicial system, land administration system and concerned public institutions should be easily accessible to poor people to ease out their miseries. Courts to be made voice of the poor and support alternative as dispute resolution mechanism. Free Legal Aid Service providers should be in the knowledge of poor people enabling them to get full benefits of it. Poor people deserve decent work and social protection. The law should ensure decency of work and social protection by strengthening access to employment opportunities in the growing and lucrative market economy. Labor rights are in fact the expansion of social protection for poor workers in the event of economic shocks. Structural changes that guarantees access to medical care, health insurance, and pensioners benefits (UNDP, 2010). Conclusion Here we cite an old age saying: "If a poor man insists on giving advice to a rich man, he would be termed as mad". Reforms on legal empowerment relating to poor should be implemented in its true spirit. It is important to identify changes that are fruitful to the oppressed class. Campaign should be launched to educate poor and illiterate masses on the good intentions of legal reforms when it comes to address the rights of properties. Minority segment may be suspicious of launching of this campaign bearing in mind that this move has a hidden agenda of the respective government. It is agreed that legislation alone cannot give enough incentives to the people to empower them legally. Realistic approach requires committed leadership at all levels. The reforms under discussions need bold and harsh decision since it may result in some losers and some winners. Making reforms in favor of the powerless and the helpless is often considered much harder and difficult. The political leaders at local, regional, national and international level should realize the importance of poverty, which is increasing day by day not only in the developing world but in the developed world as well (Smeeding, 2005). In our considered opinion, only law cannot play an effective role in eliminating poverty until and unless the other powerful organs of the country i.e. Parliament and Executives along with people of the country play their due role to overcome the above-identified problems. References Bradley, D., Huber, E., Moller, S., Nielson, F. & Stephens, J. D. (2003). Determinants of relative poverty in advanced capitalist democracies. American Sociological Review, 68(3), 22-51. Barr, N. (2004). The economics of the welfare state. New York: Oxford University Press. Hong Kong Industrialist. (2010). Implications of Minimum Wage. Retrieved on October 23, 2011 from http://www.industryhk.org/english/fp/fp_hki/files/HKIFeb10_Focus_e.pdf Kenworthy, L. (1999). Do social-welfare policies reduce poverty? A cross-national assessment. Social Forces, 77(3), 1119-1139. Kerbo, Harold. 2006. World Poverty in the 21st Century. New York: McGraw-Hill. Khandker, Shahid & Zaman, Hassan. (2011). The Impact of Microfinance. Grameen Bank. Retrieved on October 23, 2011 from http://www.grameen-info.org/index.php?option=com_content&task=view&id=949&Itemid=199 Krugman, Paul, and Wells, Robin. (2009). Macroeconomics. New York: Worth Publishers. Lehman, Jeffrey S. (1992). Interuniversity Poverty Law Consortium. Washington: Washington University of Law. Martin. (2010). House of Commons of Canada: Bill C-545, An Act to Eliminate Poverty in Canada. Parliament of Canada. Retrieved on October 24, 2011 from http://www.parl.gc.ca/content/hoc/Bills/403/Private/C-545/C-545_1/C-545_1.PDF Munro, Julia. (2011). Bill 152: An Act to enact a Bill of Rights for small business. Legislative Assembly of Ontario. Retrieved on October 24, 2011 from http://www.ontla.on.ca/bills/bills-files/39_Parliament/Session2/b152.pdf Pasma, Chandra. (2010). Poverty Elimination Act tabled in the House of Commons. Retrieved on October 23, 2011 from http://www.cpj.ca/en/blog/chandra/poverty-elimination-act-tabled-house-commons Smeeding, T. (2005). Public policy, economic inequality, and poverty: The United States in comparative perspective. Social Science Quarterly, 86, 955-983. United Nations Development Programme (UNDP). (2010). Human Development Report 2010: The Real Wealth of Nations: Pathways to Human Development. New York: Palgrave Macmillan. Also available at http://www.beta.undp.org/content/dam/undp/library/corporate/HDR/HDR_2010_EN_Complete_reprint-1.pdf Williams, Lucy, Kjonstad, Asbjorn & Robson, Peter. (2003). Law and Poverty: The Legal System and Poverty Reduction. London: Zed Books, CROP International studies in Poverty Research. Also available at http://www.crop.org/viewfile.aspx?id=96 Read More