August 3, 2021

Application of Concept of Social Justice in India

Social justice based on the concepts of human rights and equality. Social justice is the equal access to wealth, opportunities and privileges within a society. Social justice in the academy, closely associated with the political philosopher John Rawls. John Rawls, social justice requires examining the “basic structure of society’’, and significantly articulating principles to construct a social framework that is fear and just. Specifically, social justice is concerned with how society’s practices and institutions create and distributes, society’s benefit and burden in terms of “right and disabilities, privileges and disadvantages, wealth (which is a right to control the disposition of certain resources ) and poverty”.

Gender justice is not a recent phenomena, crime against women have been committed since antiquity. Any traditional custom that places women in subordinate position within society or in the family has the potential to violent. Pt. Nehru said that –“if you educate a men you educated an individual, however, if you educate a women you educate a whole family .” Social justice can occur in relation to practically any aspect of society where inequality can arise as a result of unjust prejudices or policies. Social justice issues can be delineated into two categories , although they are often co-depemdent: Inter social Treatment and Unequal Government Regulations. Gender based discrimination represents the ugly face of the society. This problem is not only one country based also facing the many country varying degree or very old.

What is social justice and how does it relate to liberation theory? How do sin, love, grace and human freedom affect social justice ? And how does all of this play a role in the kingdom of God? Social justice is a concept of a society in which every human being is treated justly, without discrimination based on financial status, race, gender , ethnicity, etc. Grace is a gift from God that we don’t deserve, which helps us choose the good, therefore it promotes social justice on the other hand , sin ,which can be regarded as a lack of love and care for “other” distance us from social justice .Therefore , love and grace are essential aspect of social justice and without them there could be no life. For example , most laws promote and “eye-for-and-eye” type of legal system. This encourage people to retaliate or “get even’’ with others , which is seen so often in America’s lawsuit-happy citizen stop this is obviously in contradiction to the ends of social justice , which promote law and brotherhood.

Social justice is not an “us versus them’’ mentality; rather it is a were in it together.” Mentality rather the powerful and powerless work together obviously those who are in need are the poor and oppressed : women , African –Americans, Jews , Latin Americans etc. However due to the fact that these people are these oppressive situations , they gain inside into the injustice that surround them specifically , and society in general although they are made poor by those empower and the structures, institution , and organizations by run by those empower , they still process “strength to racist, capacity to understand their rights , [and the ability] to organize themselves and transformer a subhuman situation (boff,1)”. The poor and oppressed or held above the rich and powerful, in other words are given preferential .

Women experience oppression in varying configuration and in varying degrees of intensity. Cultural patterns of oppression are not only inter related, but are bound together influenced by the intersectional system of society. Examples of this include race, gender, class, ability and , ethnicity. Women are denied opportunities to learn, to earn ad to lead. They face violence, abuse, and unequal treatment at home, at work and in their wider communities.

Social justice is a concept of human rights and equality, fair and just relation between the individual and society. In today scenario social justice for women is indispensible as absolute poverty, unemployment, the increasing fragility to the environment continued violence against women and the widespread exclusion of half of humanity from institutions of power and governance under score the need to continue the search for development, peace and security. Millions of girls and women around the world face injustice like being denied an education, treated unequally, made victims of gender based violence.

These injustice / prevent girls and women from reaching their full potential. Violence against women is pandemic and can be found all around the world according to UN, one in third girls and women experience some form of physical or sexual violence in their lifetime. Such violence includes rape, acid attack, sexual harassment, emotional harassment hurt, domestic violence and many more. Women’s rights are human rights that subsume right to live free from violence, slavery, and discrimination; to be educated; to on property; to vote; to earn; a fair and equal wage and Reproductive rights.

Women’s sexual and reproductive health rights are at risk when they are subjected to female genital mutilation (FGM) and early marriage. Law and justice are of supreme important in any society , because, whatever the level of economic development, if there is no justice, fairness and rule of law, there will be dissatisfaction, oppression an anarchy stop in India. The constitution guarantees projection of life, property and personal liberty to the people and provides safeguards against to deprivation there of buy any individual, body or state. The adoption of the constitution of 26 January 1950 did not disturb the existing structure of courts for dispensation of justice. The uniformity of judicial structure was preserved by placing Criminal law and procedure, succession, will, contracts, registration of document, etc.

In the concurrent list. The Indian law and justice is based on the firm foundation of several scores like the constitution status, case law and customary law. Besides, there are rules, regulations and by-laws. The judicial decisions supreme court like supreme court and high courts are also important sources of law .Local customs and conventions which are not against the principles of morality are dully taken into account by courts will administrating justice. The judicial system in India is headed by the Supreme Courts then there are High courts for each state or group of states. They are followed by hierarchy subordinate codes. The Panchayat courts also function in some state under various names such as Nyay Panchayat ,Gram Kachehari and Panchayat adalat to still civil and criminal disputes of petty and local nature. Different state laws govern the jurisdiction of these courts. Each state is divided into judicial district headed by a district and session judge who is the principal civil authority of original jurisdiction. He can try all offences including those punishable with death or life imprisonment.

Below him , there are courts of jurisdiction known in different state as munsififs, sub- judge and civil judge .The criminal judiciary is compressed of chief judicial magistrate and judicial magistrate of first and second class. The Supreme Court of India consist of 26 Judges including the chief justice of India. The judge hold office until they attend the age of 65 years. The judicial administration of each state or a group of states headed by a respective High Court.

Social justice is a political and philosophical theory which asserts that there are dimensions to the concept of justice beyond those embodied in the principles of civil or criminal law, economic supply and demand, or traditional moral frameworks. Social justice tends to focus more on just relations between groups within society as opposed to the justice of individual conduct or justice for individuals.

Historically and in theory, the idea of social justice is that all people should have equal access to wealth, health, well-being justice, privileges, and opportunity regardless of their legal, political, economic or other circumstances. In modern practice, social justice resolves around favoring or punishing different groups of the population, regardless any given individuals choices or actions, based on value judgement regarding historical events, current conditions, and group relations. In economic terms, this also retribution of wealth, income and economic opportunities from groups whom social justice advocates consider to be oppressors to those whom they considered to be oppressed. Social justice is often associated with identity politics, socialism and revolutionary communism.

Social justice forms the basis for socialistic economic systems and is also taught in some religious traditions. In general, social justice originated as a board concept supporting equal rights through various types of initiatives for citizens. Social justice is closely related to conflict theory and redressing perceived wrongs of past or ongoing conflict between groups of people and parts of society. This often focuses either on favoring interests of certain groups within a population whom its proponents consider to be oppressed or on undermining the interests of and directly attacking groups which they consider to be some sense oppressors.

Effort to promote social justice usually target various demographics, either further their interests in order counteract to perceived oppression or to punish them for perceived past offenses. Broadly demographic characteristics often the target of social justice attention include: race, ethnicity and nationality ;gender and sexual orientation, age, religious affiliation; and disability. Different type of social justice initiatives may exist to promote equality or redistribute power and status between groups in the areas of wealth, health, well-being, justice, privileges, and economic status. In economic term social justice most of often amounts to effort to redistribute wealth, income and economic opportunities from privileged groups toward underprivileged ones.

Proponents of social justice can seek to achieve their goals through a wide range of peaceful or non-peaceful means, including various government programs, social campaigns, public activism revolution, or even terrorism. At the government level, social justice initiatives can be pursued through various different types of programs. These can include direct redistribution of wealth and income; protected legal status in legal status in employment, government subsidies, and other areas for underprivileged groups; or legalized discrimination against privileged groups up to and including expropriation, collective punishment and purges.

Social and communist systems are more heavily focused on countrywide social justice programs. However, social justice also has its place in capitalistic societies such as the U.S., where government funding is allocated to support many social justice efforts. In these types of societies, social justice concern commonly pursued through activism aimed at changing public policy or directly influencing people’s behavior through public rallies and demonstrations, public relations campaigns, targeted investments, and charitable donation and relief efforts. It can also take the form of boycotts, blacklists and censorship of privileged groups and individuals or even direct threats, violence, and destruction of property and infrastructure directed toward them.

Politically within the U.S. social justice advocates are usually found in Democratic party, particularly in the party’s self-identified progressive and socialists who do not associate with Democratic party(independents, Greens and others )also commonly employ the term.

Examples of social justice can be found throughout all the types of societies , government policies and movements.

In socialist economies, social justice forms a foundational principle of economic policy. Socialist governments commonly carry out vast programs of force redistribution of land, capital and other assets, such as the Great Leap Forward and the Holodomor, in the name of social justice.

In capitalistic societies, governments regularly intervene in the economy in support of social justice. Social justice advocates often push for policy reform in areas such as healthcare, immigration, or the criminal justice system remedy potential basis towards certain demographic groups .

Historically in the U.S ,the civil rights movement beginning in the 1950s and led by Martin Luther king is one of the most well –know examples of social justice. Martin Luther king and his followers advocated for racial equality and to advance the interested of African Americans. The efforts resulted in radical change to the U.S economy and society in subsequent decades, including the introduction of the civil Rights Act, which outlaws businesses from discrimination against legally protected group.

The labor market, labor policy, and organized labor are usually some of the biggest areas of concern in the private sector. Within the labor market, equal pay and opportunities for all demography are usually two top points for progressive advocacy. The establishment and spread of labor unions is often justified and formed in terms of social justice in order to further the interests of workers against exploitative employers.

The term “social justice” implies several sound and eminently desirable concepts enunciated for the good of society in general, and of course it covers fair play for every section, especially the weaker groups in the populations. This seems unexceptionable and no one, however prejudiced or narrow minded, would object to the promotion of this ideals. And yet the actions of countless people in this country, day after day, believe their words.

The reckless flouting of the concept of social justice , and the denial of equal opportunities in life which this postulates, all reflect a tendency that is anti-national and marks totally unfair and unjustified behavior.

The constitution of India , in its preamble speaks of justice-Social, Economic and political. The principles of equality before law contained in Article 14 impose an obligation on the state to provided even-handed justice to all alike.

Article 39 A interested by constitution (42nd Amendment ) Act, 1976 provides for legal aid and assistance to poor and indigent litigants.

The purpose of these constituted mandate is to protect the neglected and down-trodden poor and indigent against the once laugh of the more powerful and elite section of society and provided them an opportunity of getting justice through legal aid cells.

In other word, no one should be deprived of his right to move a court of law because of poverty or any other social disability.

Historical background: The origin of the concept of legal aid can be tracked back to the historic Magnacarta of 1215. Thereafter with the subsequent socio-economic development, may welfare schemes where introduce.

Free legal aid to poor and down trodden to provide them access to justice was also one of the social services originated schemes which received attention of legal luminaries. The resolution was passed by the human rights conference held in Tehran in 1968 under the auspicious of the united nation which emphasized the need for free legal aid and assistance to poor and indigent for protection their human rights and safeguarding their fundamental freedom.

The legislation for free legal aid and assistance to poor and indigent persons also excited in United Kingdom as early as 1948.

In India the beginning of the legal aid movement and be tracked back to the appointment of justice Bhagwati committee by the government of Bombay in 1949 to examine the feasibility of providing free legal aid to indigent and socially disabled persons. The committee made important recommendations and pointed out that the provisions relating to pauper suit contained in order 33, Rule one wear inadequate to meet their requirements of the poor litigants as they only provided exemption from the court fees and not the other legal expenses in a suit.

The government of India in 1952 directed all the state governments to provide aid and assistance to all these under rails whose offences where punishable with imprisonment exceeding five years. In view of the apathy shown by the state government, the center issued similar directives against in 1958. The law commissions in its 14 report emphasized the need for setting up legal aid agenesis all over the country to redress the economies and equalizes provide assistance indigent litigants. On the basis of this report an elaborate Legal Aid schemes was drafted in 1960 and was sent to the states for their consideration .The states however, expressed their inability to adopt the scheme for financial reasons the matter was raise in the conference of the law minister if the state in 1962 but to do no avail the scheme therefore remained in cold the next eight years.

The National Legal Conference held on March 1950 drew attention towards the pressing need for implementation of a comprehensive scheme of legal aid in India. Mr. Justice V.R. Krishna Iyer, the chairman of the legal aid committee prepared a blue print of the scheme putting forth the philosophy underlying this social welfare measures to ensure effective and cheaper justice to the Indian masses. The beneficiaries of the legal aid scheme are weaker sections of the society. For instance, members of the Schedule Castes and Scheduled Tribes, backward classes. Rural agriculture and Industrial Labour and workers, women, Harijans, Juveline, under trials and geographically deprived depressed classes.

The legal Services Authorities act,1987, is intended to avoid laws delays and enable people’s participation in judicial administration through Lok Adalats which in a sense is an expansion of public interest legation in rural areas. It has helped speedy disposal of family disputes , divorce cases, motor accident claims , insurance cases in shortest possible time.

The role of legal fraternity, particularly those of lawyers, in implementation of the legal aid hardly needs to be emphasized. It would be worthwhile the quote of the observation made by the noted American Jurists H.L.A. Hart in this regard who said, “useful function of lawyers is not only to conduct litigation , but to avoid it, wherever possible , by achieving settlement or withholding suit.”

Beside legal practitioners, the academic lawyers and law-teachers can also play a significant role in ameliorating the sufferings of neglected sections of the community by their active participation in Legal Aid Schemes. Legal literacy programmes and Lok Adalats. Which have now been accepted as indispensable appendages of the Indian justice system.


Author: Roshini


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