Social justice is the view that everyone deserves equal economic political and social rights and opportunities. Social justice as concerned arose in the early 19th century during the industrial revolution and subsequent civil revolution throughout Europe’s egalitarian societies and remedy social exploitation of human labour. Early social justice advocates focused primarily on capital property and the distribution of wealth. By mid 20th century, social justice had expanded from being primarily concerned with economics. it includes another sphere of social life including the environment race gender and other cause and manifesto of inequality
The measure of social justice has has expanded from wealthmeasured and enacted only by the nation state by include a universal human dimension.
The main principle of social justice
- Access to resource
- Human right
Equity refers to how individuals are given tools specific to their needs and oeconomic status in order to movetowards similar outcomes
In contrast with equality where everyone is offered the same tools to move towards same outcome.
Social justice integerated with adderesing equity issues might include advicing policies that provide support to overcome systematic barieers
F Participation refers to how everyone in society is given a voice and opportunity to verbalize there openion and corncerns
They have a role in any decision making the affects there livehoods and standard of living
Social injustice occurs when a group of indivisual make decision for a large group while some people are unable to voice there opinions
Appereciating the value of cultural difference is specially important
It is important to recognizing that some group face more barriers in society
Discrimination in employment on the basis of factor such as race gender ethinicity sex age and other characterstics and constant issue in society
Human rights are basic right and freedom that belong to every person anywhere in the world from birth until death they are applied regardless of nationality faith or race
Human right and social justice are cerntainly irrelated and it is impossible for one exist without the other
Theory of social justice
The maximum good of greatest number of indivisuals is regarded as basis of justice
.for them utility ought to be the measured of good right morality progress and justice
THE MARXIST VIEW Of social justice belive that the idea of justice has devlope through ages it changes from one change to another change on the basis of economic relations
2 international convention on the elimination of all forms of racial discrimination 50 year ago
On 21dec 1965 the united nation general assembly adopted resolution 2106 ,which established the international convention on the elimination of all form of racial discrimination [ICERD] .it is among one of the oldest in the un of human rights office arsenal to target opperession and discrimination
The convention essential resolves to ;to adopt all measure necessary for speedily eliminating racial discrimination in all its form and manifesto and to prevrent from combat racist doctorine and practices in order to promote understanding the between racesto and order an international community free from all racial segeration and racial discrimination
2015 marks 50 year since the adoption of the convention . it was forged during time of great civil unrest in parts of the world . the drafting took place during civil right act was passed just prior to its adaptation . apartheid was at its height in south africa were doing away with colonialism for independence
Yet; despite these milestone , racism continue to plague societies . to combat it CERD CONTINOUS EXAMINE the situation in each country that has ratified the convention throuht its committee. In fact the 177, states that havr rectified the convention must regularly report to and appear before committee in Geneva the committee in turn issues concreate recomondation on how various forms of racism that exist in each country can be affectively eliminated.
The states parties to this convention ,considering that the charter of the united nation dignity and equality inherent in the all human beings and the member states have pledged themselves to take joint separate action ,in co-operation with the organization for the achievements of one of the purposes of the united nation which is to promote and encourage universal respects for observation of human right and fundamental freedom for all , without distinction as race , sex . language religion
Considering that the universal declaration of human rights to proclaim that all human being are born free and equal in dignity and rights and that everyone is entitilted to all dignity and the right and freedom set out therein without distinction of any kind in particular as race , colour, or national origin .
Considering that all human being are equal before the law and entitled to equal protection of law against any discrimination and against incitement to discrimination
Considering that the united nations declaration on the elimination of all form of racial discrimination of 20 nov 1963 [general assembly resolution of 1904 (xv111) solemonly affirms the necessity of speedily eliminating racial discrimination throught the world in all forms and manifestations and of securing understanding of and respect for the dignity of the human being
Legal provision article 1
1 in this convention the term’, racial discrimination wh‘’ shall mean any distinction exclusion ,restriction or preference based on race, colour descent or national or ethinic origin which has has purpose or the effect of nullifying or impairing the recognition enjoyment or exercise on an equal footing of human right and fundamental freedom in the political economic social cultural or any other section field of public life
2 this convention shall not apply to distinction,exclusions , restriction or preferences made by a state party to this convention between citizens and non citizens
3nothing in this convention may be interpreted as affecting in any way the legal provisions of the states parties concerning nationality citizenship or neutralization provided that such provisions do not discriminate against anyn particular nationality
Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethinic groups or indivisual requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment on exercise of human rights and fundamental freedom shall not be deemed racial discrimination provide , however that such measures do not as consequence , lead to the maintenance of separate rights for different racial groups and they shall not be continued after the objective for which theywere taken have been achieved
1 state parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of elimimnating racial discrimination in all its form and promoting understanding among all races , and, to the end , each state party undertakes to engage in no act or practice of racial discrimination against person , group of prsons or institution and to ensure that all public authorities and public , institution national and local shall act in conformity with this obligation
B . Each state party take effective measures to review governmental , national and local policies and to end amend , rescind or nullify any laws regulations which have the effect of creating or perpetuation racial discrimination wherever it exist
Article 3 states condemn all racial segeration and apartheid and undertake to prevent prohibit and eradicate all practices of this naturein terrortries under judriction .
Respect for the rule of law and human right forms the essence of the protection of refugees returnees and stateless persons . the office of the united nation high commissioner for refugees has mandate to provide international protection to refugees including promong the accession to international refugees instrumental and other relevant human right instruments .
Statelessness is a source of human insecurity forced displacement and serious conflict which may pose a threat to national and regional stability legislation on nationality and administrative practices that are in accordance with internationally recognized human rights standards are essential elements of the rule of law and key in addressing root causes of conflict. Unchr provides technical advices and support to governments for the accession to the 1954 convention on the reduction of statelessness
Article 17 of the Indian constitution abolished the practice of untouchability and made its practice of untouchablity and made its practice of untouchablity and made its practice and punishable offence. But what does this particular term exactly mean remained uncertain as its was not defined in the constitution article 35 of the constitution article 35 (a)(2) gave the power to make panel law for the offense mentioned under article 17. Consequenty the untouchablity offense act of 1955 renamed to the protection of civil liberty act ) was enacted which provided penalities for preventing a person from entering a place of worship or from taking water from a tank or well
Linking caste to merit
What we drove the wedge deepest and exacerbated the misery of oppressed communities was tacit linkage of caste with merit a myth perpetuated by previlages caste to discredit the affirmative action measure such as reservation in educational institutions. The mandal commission was set up in 1979 by maraji dessai government to identify the socially or educationally backward class es of india question the concept of reservation to redress caste discrimination in india 27 percent reservation in jobs in the central governmental as well as public sector undertaking (psu). The report’s recommendation were ignored for over a decade and its implementation was considerd only in 1990 by the vp singh government causing spreading protest across the country where nearly 200 students upper caste attempted sucide by self immolation . 68 of them succumbed of their injuries
Dalit live matter
There are parallels in the resurgence of dalit Bahujan movement in India and black live matters movement that was born in 2013 after acquittalof GEORGE ZIMMERIAN in the fatal shooting of trayvoun martin , a black teenager in in flourida.
Judicial judgement discrimination based on the caste system
D.S. Nakra and others vs union of India on 17 December 1982
This case is about the pensioners who were excluded from benefits of pension because of their retirement date.
Facts petitioner 1 and petitioner 2 both had retired in the year 1972 from ceteral service and armed forces service , and petitioner no.3 a registered society advocating the cause of of pensioners all over the country , challenged the validity of the above two memoranda because the benefit of the new statue was available to the only one who retired after the mention above date
The counsel for the petitioner advocated that the pensioners are entitled to receive the pension benefit under the statute and the date of the retirement is irrelevant cause for the exclusion of the benefit and retirement and there cannot be a mini-classification within this class. This different treatment based on only specified date of retirement is violative of article 14 of the constitution as the choice of specified date is wholly arbitrary and the classification based on the accidental circumstance of retirement before or after to the specified date is invalid and that the scheme of liberalisation in computation of pension must be uniformly enforced with regard to all pensioners.
While the counsel for the respondent advocated that the classification based on the date of retirement is valid for the purpose of granting pensionary benefits because the specified date is an integral part of the scheme of liberalisation and the Government would never have enforced the scheme devoid of the date. And Doctrine of Severability cannot be imposed here for differentiate the specified date from the scheme because it would impact the class of pensioners covered by the scheme, it will increase the class and when the legislature has expressly defined the class then it would be outside the judicial function if it increase the class. And in almost every case there are some category and class already set up according to the scope of provisions for maintaining the law. This scheme has financial implications so the court cannot make it retroactive. And if more persons are included in the scheme then the share will automatically decrease. And in the last the third petitioner has no locus standi in the case.
- Is the date of retirement a relevant consideration for eligibility and computation of pension?
- Would differential treatment to pensioners related to the date of retirement contained the element of discrimination liable to be declared unconstitutional as being violative of Article 14?
- Article 14 of the Constitution:
It talks about the equality; that the state shall not deny equality and give equal protection of law to everyone and prohibit the discrimination on the grounds of religion, race, caste, sex or place of birth.
- Article 32 of the Constitution:
This give the power to enforce Fundamental Rights to the citizens; that they can move to Supreme Court if their Fundamental right is violated. Ans the Supreme Court can issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
- Article 38(1) of the Constitution:
State to secure a social order for the promotion of welfare of the peopleby securing and protecting social order in which justice, social, economic and political, shall inform all the institutions of the national life.
- Article 39 of the Constitution:
“Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing
(a)that the citizens, men and women equally, have the right to an adequate means to livelihood;
(b)that the ownership and control of the material resources of the community are so distributed as best to sub serve the common good;
(c)that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d)that there is equal pay for equal work for both men and women;
(e)that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f)that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.”
- Article 41 of the Constitution:
“Right to work, to education and to public assistance in certain cases The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Practical in ground level
Practical on ground level reality is very different from our constitutional ,maker . however constitution maker thought to remove a social discrimination but in reality till now it is not fulfilled or achieved
Right now in two moths back there was a student from sc category and teacher murdered him on the name cast just think . we have rule of law but teacher has not followed rule of law . in INDIA every day thousand of accident took place in the name of cast system or religion.
There were many cases in 1990s in BIHAR where many accident took place one the name of caste system. There was accident in my district where rat eaters have went to rich farmer home social violence cause many of them rat eaters have loss there life many of of them setteled to different places . although justice by hounarable high court patna was being delivered some of main most accusers left due lack of evidence but many of rateaters are still not comeback to there home . it was one of the biggest crime in Bihar where total failuare of being humanity . after this 1989 under vp singh government act had been brought called as scst act. In this act if anyone discriminate to them or misbehave with them then it is applied under 48 hour . accused have to arrest however 2019 it was being amended in this . with consent of sp officer acussed must be arrested. However sometime this act may be misuse only .Every coin has two faces its depend upon how we are using .
we have right to equality but it is not possible . so thay why we concept of equity in the constitution however the reservation was being only in this concept.
Human being we have moral social value we should disturb .
Crime related to social discrimination
In today if we take an example of state like chhatisgrah Jharkhand telngna Andhra Pradesh Mahrastra orrisa in this state population of st is larger compare to other state . where st community being mentally physical emotionally harashed . in this community people are not much educated they are easily influenced by the maoist to join either forcefully or emotionally . however they all are facing many challenge . sometime maoist kidnapped there family to join in naxal . sometime even people loss there life in encounter attack . human right is always being violated in these states . we are saying about right equality or equity .
In states like up bihar Haryana Punjab madhyapradesh in this most of the time it was found people of lower class family . his sister mothers were involve in sexual harshment by forcefull beacause of there poverty . sometime upper class people did not allow to live in that area . or they muredered. They forced to do beggar system which violates there fundamental right to peope article 23 and 24. They forced to in there field without paynment. Still in some parts ofindia is still being practiced .
We have constitution where we get justice by using rule of law and fundamental right . right to equality from article 14 to 18 . where discrimination canoot be done . but still some time it is being practicsed. Although I found while my doing research practical level people donot know about law ; they get victim by upper class they can not afford much money to the lawyer so that’s why somewhere it is lacking . although parliament have make law strictly so that people canot repeat again . although from past 50 social discrimination is being decreased. Political leaders are requested to not use as there vote bank to them . however it need to more on social discriminator . today in india from last 8 years people are fighting in the name of religion people are fighting . then in case somewhere social discrimination start . it is not good for democratic fom of government.
Written By- Indramani Kumar
Lovely Professional University