SOCIAL JUSTICE
Social justice is a
justice that follows the principle that all individuals and groups are entitled
to fair and impartial treatment. Social justice attempts to prevent human
rights abuses it is based on notion of all equality and equal opportunity in
society. It focuses on the full and equal participation of all citizens in
economic, social and political aspect of the nation. Social justice can also
referred to advantages and disadvantages distribution in the society
The concept of social
Justice
Social Justice is a
living concept and gives substance to the rule of law and meaning and
significance to the ideal of a welfare State. The Indian constitution is an
illustration of the forces at work in socio-economic Jurisprudence. It sets out
the Directive principles of State Policy fundamental to the governance of the
country and spells out a social order in
which Justice, Social, economic and political, shall inform all the
Institutions of National life. Social Justice takes within its sweep the
objective of removing all
inequalities and affording equal opportunities to all citizens in social
affairs as well as economic activities. The term "Justice without doubt
means Justice to the deprived and weaker sections of society bringing an
egalitarian order under which opportunities are afforded to the weaker
Social Justice under the
Constitution of India
Vast social revolution is taking place in the judicial process, the law is fast changing and the problems of the poor are coming to the
forefront. The Court has to innovate new methods and device new strategies for providing
access to justice to large masses of the people,
Who are denied their basic human rights and to whom freedom and liberty has no meaning.
Articles 38 of the Constitution of India are the supreme law envisages social
justice as its arch to ensure life to be
meaningful and livable with human
dignity. The concept of social justice
which the Constitution of India engrafted, concept of diverse principles
essential for orderly growth and development of personality of every citizen. Social justice' is thus an
integral part of justice in a generic sense. Justice is
genus, of which social justice is one of its species.
Link between social legislation
and social justice
When unequal
distribution of wealth exists in a society or when social justice is denied to
certain sections of the
people, laws are enacted to bring about equilibrium. These laws
may be designated under
“social legislation”. Social legislation tries to remove
inequalities and to
benefit the whole community rather than a few individuals. It adjusts
supplements and
sometime replaces the existing legal system. In other words, in
addition to
ameliorating the social conditions of people, it bridges the gulf that exists
between the existing
law at the requirements of the society at a given time.Social
legislation, in this sense has a special significance. It is
different from ordinary types of legislation in as much as
it reflects, the legislative policy of establishing social justice
on humanistic and egalitarian principles. Social legislation,
therefore, aims at establishing social equality in society. The need of society
is adjusted and those who are responsible for creating imbalances or
inequalities in society are prevented from doing so. It is however, necessary
that all social legislation must be accompanied by “social preparedness” - by
effective propaganda to educate the people about its objects and to convince
them of the ultimate utility of a particular legislative measure aimed at
promoting the common good and fostering the common welfare. It is only then
that the law can give direction, form and continuity to social change.
The constitutional
provisions aim at bringing about social justice.
Ø The
glaring inequality of different types more particularly based on sex and caste
prevailed in Indian society until the pre-independence days, despite continuous
efforts by the state, reformers and missionaries to control and eradicate them.
Ø The
Constitution gives the right to all persons to profess freely, practice and
propagate religion subject to public order
Ø the
practice of untouchability has been outlawed by Article 17 of the Constitution
and by the Untouchability Offences Act, 1955 enacted in pursuance of Article 17
Ø Article
39A Equal justice and free legal aid-
The concept of legal aid is rightly stated to be the spirit of equality And its
movement is dedicated and devoted to the philosophy of equal justice to the
indigent. Equal justice is a fair treatment within the purview of judicial
process. Equal justice is, therefore, corrective of inequalities which cause social
imbalance, without which justice in society cannot be propounded in reality.
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. have been
enacted to provide social justice.
The
Civil Rights Act, 1955
The
immoral Traffic (Prevention) Act, 1956
The
Probation of Offenders Act, 1958
The
Equal Remuneration Act, 1976
The
Family Courts Act, 1984
The
Child Labour (Prohibition& Regulation) Act, 1986
The
Legal Services Authorities Act, 1987
The
Environment (Protection) Act, 1986
Juvenile
Justice (Care and Protection of Children) Act, 200
The
SC&ST (Prevention of Atrocities) Act, 1989
The
Child Marriage Restraint (Amendment) Act, 1978
The
National Commission for Women Act, 1990
The
Public Liability Insurance Rights Act, 1991
The
Protection of Human Rights Act, 1993
Pre-Natal
Diagnostic Techniques Act, 1994
The
(Extension to Scheduled Areas) Act, 1996
These socio-economic
measures are meant to protect the dignity of human personality and to ensure
prosperity of people as also the State
Provisions under Directive
principles of state policy bring social justice
Ø Article
39(d) speaks of equal pay for equal
work for both men and women
Ø Article
39(e) speaks of health and strength of workers, men and women and the measures
to prevent exploitation of children.
Ø Article
39(f) directs that children be given opportunity and facilities to develop in a
healthy manner and in conditions of freedom
and dignity)
Role of social policies and schemes to provide social
justice.
The
government has made a number of schemes and social policies.
Ø National
old age pension (NOAP)
Ø Mid-day
meals schemes (MDMS)
Ø Annapurna
yojana4 National family benefits schemes. (NFBS)
Ø Sampurna gramin rozgar yojana
Ø Mahatma
Gandhi National rural employment guarantee act 2005 (MNREGA)
Ø Indira Gandhi awas yojana (IAY)
Ø Swarn
jayanti gram swarozgar yojana (SGSY)
Ø Serve shikshaabhiyan
Ø Right
of children to free and compulsory education (2009)
Ø National
rural health mission 2005
Ø Kanshi rams awas yojana
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