Social justice deals with the victims of exploitation, abuse and oppression. While dealing with myriad facets of human life and society, it simultaneously fixates its attention on the safeguarding of the rights of the oppressed, depressed and the marginalised. Since injustice has been an issue which is not only deep rooted within the very threads of our societal structure but has also haunted our society since time immemorial, the Constitution of India has made sure to protect the citizens of India from facing a life of discrimination and injustice.
The Constitution of India was drafted under the chairmanship of Dr. BR Ambedkar. It contains a number of provisions that requires the the state to secure justice to all its citizens along with liberty, equality and fraternity. The Preamble is a reflection of how the constitution of India upholds the concept of social justice. It provides social, economic and political to all the citizens of India. Part III of the constitution dealing with fundamental rights contains provisions which protect the rights of the minorities and the marginalized.
Article 14 guarantees the right not to be denied equality, before the law or equal protection of laws. Article 15 prohibits discrimination by State on the grounds of religion, race, caste, etc., with regard to access to public places. Article 16 guarantees equality of opportunity in matters of public employment. It prohibits discrimination in context of public employment on any grounds. But the State can make reservations of appointment of posts in favour of any backward class of citizens not adequately represented in the service under the State. Article 17 abolishes untouchability. Article 19(6) authorizes the State to impose reasonable restrictions on the fundamental rights guaranteed by clauses (d) (e) and (f) of Article 19 for the protection of interests of any Scheduled Tribes. Articles 330 to 342 makes special provisions for safe-guarding interests of Scheduled Castes and Scheduled Tribes. Article 39 makes it necessary for the State to make available to all the citizens adequate means of livelihood and to distribute ownership. The state is also required to free legal aid in order to ensure that opportunities for securing justice are not denied to any individual by any reason including economic or any other. Another important part of the Social justice is the part IV of the Constitution – Directive principles of state policy. The directive principles of state policy, express in categorical terms the ideas of social justice. Article 38 of the Constitution requires the state inter-alia to minimize the inequalities in income and endeavour to culminate in equalities in status, facilities and opportunities, not amongst individual, but also amongst group of people residing in different areas or engaged in different vacations.
RELEVANT CASE LAWS
In Oriental Insurance Co. Ltd. v/s Hansrajbai V. Kodala (2001) the Apex Court held that “The object is to expeditiously extend social justice to the needy victims of accidents curtailing delay – If still the question of determining compensation of fault liability is kept alive, it would result in additional litigation and complications in case claimants fail to establish liability of defendants – Wherever the Legislature wanted to provide additional compensation, it has done so specifically.”
The Supreme Court has firmly ruled in Balbir Kaur v/s Steel Authority of India (2000) that “the concept of social justice is the yardstick to the justice administration system or the legal justice and it would be an obligation for the law Courts to apply the law depending upon the situation in a manner whichever is beneficial for the society” as the respondent Steel Authority of India was directed to provide compassionate employment to the appellant.
In Superintending Engineer, Public Health, U.T. Chandigarh v/s Kuldeep Singh (1997) the Supreme Court held that “It is the duty of the authorities to take special care of reservations in appointments as a part of their constitutional duties to accord economic and social justice to the reserved categories of communities. If ST candidate is not available, the vacancy has to be given to SC candidate and the reserved roster point has to be filled in accordingly”. In Ashok Kumar Gupta v/s State of U.P. (1997) it was held by the Apex court that “To give proper representation to SC/ST Dalits in services is a social justice which is a fundamental right to the disadvantaged. It cannot be said that reservation in promotions is bad in law or unconstitutional.”
In Consumer Education and Research Centre v/s Union of India (1995) it was held that “Social justice is a device to ensure life to be meaningful and livable with human dignity. State has to provide facilities to reach minimum standard of health, economic security and civilized living to the workmen. Social justice is a means to ensure life to be meaningful and livable.”
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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