Author :. A true essence of social justice cannot be established without removing the inequalities in income and making endeavour to eliminate inequalities in status though the rule of law. Social justice is a core constitutional objective. Some of the important measures and interventions can be classified as educational, social, economic, political, employable and affirmative action i. The compelling social situation led to the creation of special provisions in the Constitution for the advancement of socially and economically backward classes of citizens.
The positive discrimination was thought of as a policy mechanism to realize the social goals set before the nation and as means by which the backward citizens could reach the mainstream to achieve social justice. The Constitution has attempted to attune the apparently conflicting claims of socio-economic justice and of individual liberty and fundamental rights by putting some relevant provisions. Accordingly, there is a need to identify specific groups among SC, ST and OBCs for whom specific welfare measures could be designed and ensured.
It is also observed that common and indigent man could not pay court-fees for seeking justice in court of law.
The existing provision for exemption from court-fee for paupers apply only to extremely poor people and is of no use to the ordinary poor litigants who may be able to pay some money but not the entire cost. It has been, therefore, rightly mentioned that doors of temple of justice are open with a golden key.
It must also be remembered that the mandate of Article 38 of our Constitution, which reads as under: "The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice - social, economic and political, shall inform all the institutions of the national life.
In India all State securing economic justice through Article 39 specifically which contains broader perspective of social justice. Article 39 a speaks of men and women equally to have the right to adequate means of livelihood.
Article 39 b Distribution of ownership and control of the material resources of the community to the common good. Article 39 c to ensure the economic should not result in concentration of wealth and means of production to the common detriment. Article 39 f directs those children be given opportunity and facilities to develop in a healthy manner and in conditions of freedom and dignity. Social justice through the welfare legislation: The welfare legislations enacted during the post-independence era.
The establishment of Human Rights Commission, Women's Commission, Family Courts, Industrial tribunals, Administrative Tribunals, Ombudsman, Panchayati Raj, and Lok Adalats etc are only a few illustrations to suggest that the sole objective is to make justice available to a common man and ameliorate the sufferings of masses including women, children and other neglected and weaker sections of the society. The laws relating to consumers protection, dowry prohibition, abolition of bonded labour, control of environmental pollution etc.
As of January , there were about 1, laws. However, since there are Central laws as well as State laws, it is difficult to ascertain their exact numbers as on a given date and the best way to find the Central Laws in India is from the official websites. At present, nearly 19, judges, including 18, in trial courts, are dealing with a pendency of 3 crore cases, resulting in a civil case lasting for nearly 15 years.
The accumulation of such pending cases points out that our judicial system is collapsing day by day losing faith of the people. It is necessary that the two other organs of state, i. A hostile attitude on the part of the governors and the bureaucrat, can thwart all the attempts of the judiciary in this direction to a very large extent.
Nakara v. Union of India27 A has observed that the principal aim of socialism is to eliminate inequality of income and status and standard of life and to provide a decent standard of life to the working people. The expression 'social and economic justice' involves the concept of 'distributive justice', which can note the removal of economic inequalities and rectifying the in justice resulting from dealings or transactions between the unequal in society.
Social Justice, therefore, comprehends more than lessening of inequalities by differential fixation, giving debt relief or regulation of contractual relations. The State shall protect them from social injustice and all forms of exploitation.
Rangachari's case30, Thomas case31, declared that reservation in Promotions is a part of equality in Article 16 1 which was reiterated in Indira Sahwny's case32 that Article 16 4 is facet of Article 16 1 itself. Social justice to Scheduled Casts and Schedule Tribes for socioeconomic equality in results on par with other social group citizens has constitutionally been guaranteed to them. The protection of the minorities in Articles 29 and 30 is a facet of right to social justice and prohibition on grounds of religion outlawed by guaranteeing freedom of religion, right to practice of their choice and right to manage subject to social welfare of their institutions.
In Ajaib Singh34, Court observed that in dealing with industrial dispute the Courts should keep in mind the Doctrine of Social Justice. Supreme Court in Municipal Corporation of Delhi35, the provision entitling maternity leave under the maternity Benefit Act, , even to women engaged on casual basis or on muster roll basis on daily ages and not only to those in regular employment are in consonance with the doctrine of social justice and any contention against it is contrary.
In India, courts have performed a great role to make the social justice successful. In the field of distributive justice, legislature and judiciary both are playing great role but courts are playing more powerful role to deliver compensatory or corrective justice but these principles are known as mutually relatives not mutually opposites.
Ideals and goals are to deliver social justice. When we neither punish nor reproach evil doers, we are not simply protecting their trivial old age, we are thereby ripping the foundation of Justice from beneath new generations.
Yet, enunciating the principle of social justice is one thing, but making it effective is quite another. In order to achieve social justice, we, the Indian people, need to address the myriad of problems that people face in this country, because of caste, gender, religion, culture, tradition and other It is clear from the above discussion that still gross social inequity in all levels is existed in the society.
In conclusion it will be important to stress, that India has not the shortage of laws for securing justice, it has only the shortage of commitment for implementation of the laws. It should also be remembered that it is not only the responsibility of political elite to work for achieving justice to all the section of the society, in fact it is duty of every Indian to assist his country man so that justice can be secured to every section of the society.
Chaturvedi, R. Jogdand P. G, Bansode Prashant, Meshram N. Couto, K. Rakesh K Singh, Ibid [14]. Download Download PDF. Translate PDF. Before the commencement of Ambedkar era, there were the untouchable Hindus in India, who due to Hindu social system, had, remained socially graded, economically impoverished, politically suppressed, religiously ostracized and indefinitely excluded from educational and cultural opportunities.
They were condemned to the lot of serfs and deprived of all human rights. There existed no such area of social existence and governance where caste as political, social, economic, educational and cultural factor was not present.
One of the key themes of the writings of Dr. Ambedkar was the attainment of Social Justice and establishment of a just and casteless society.
This is the very reason why C. Social Justice, Democracy and Socialism It has been a sad historic fact of Indian society that lower castes have been exploited and dominated upon by the upper castes. Until the British period there had never really been many revolts or movements on behalf of the lower castes and untouchables to seek social justice. But during the freedom movement there were many leaders and movements throughout India who raised their voices against untouchability and the most prominent voice was of B.
Ambedkar who hailed from the untouchable Mahar caste. Ambedkar's aim was to get justice for the 'last, the lost and the least'. He emerged as a sort of revolutionary leader of India's Hindu untouchable and other castes. He fought for their equality, improved living conditions, education and to get adequate representation for them in elected bodies and in government services. He not only provided a ruthless criticism of the existing social order but also came up with an alternative vision and alternative model of social order based on justice, liberty, equality, fraternity and annihilation of caste.
Ambedkar had taken a vow to expose and finally do away with the abominable conditions and inhuman injustice under which the class had been groaning.
The rest have to suffer through the bureaucratic ways, especially red tape, which in itself involves injustices to the countless people whose petitions or applications are kept pending for months, sometimes years. And yet, does anyone in this country suffer for causing harassment and frustration to these people through red tape? Wherever we may go, and whichever sphere we might study, we shall come across numerous cases where justice has been continuously denied to innocent citizens.
Are all those who cause such denial not morally and legal guilty, and are they not punishable under the law? And yet, even the idea of hauling up highly placed offenders does not occur to the powers that be.
The hapless citizen, of course, suffers in silence. The number of people in India who are suffering in silence must be legion. Almost the entire nation is suffering in silence. There is no discipline, and there are hardly any morals. The absences of these vital traits of character signify the absence of social and economic justice. The argument that the police do not have their heart in the job, because of the relatively low salaries they are paid and the fact that their own senior officials do not assert themselves is hardly convincing.
There is no sign of justice or fair play in any sphere of activity. It is injustice and corruption on all over. Justice is becoming scarcer with every passing year. The coming years hold little promise of restoring social injustice in the country. Short essay on the meaning of Sweet are the Uses of Adversity. How to prevent whooping cough?
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