LEGAL ENVIRONMENT OF BUSINESS

Law & Social Justice

TEAM NR.NARAYANA MURTHY

VENKATARAMANAN V (PGPMFX17VEN)
RANJANI M (PGPMFX17RAN)
MOHAN
BERNY SAHAYA

Summary
Social justice denotes the equal treatment of all citizens without any
social distinction. It holds the aims of equal opportunity to every citizen
in the matter of social & economical activities and to prevent
inequalities. Its a revolutionary concept which provides meaning and
significance to life and makes the rule of law dynamic. The social
problem presented by the existence of a very large number of citizens
who are treated as untouchables has received the special attention of
the Constitution. The idea of welfare state is that the claims of social
justice must be treated as cardinal and paramount. This vice of social
inequality assumes a particularly reprehensible form in relation to the
backward classes and communities which are treated as untouchable .
The term social justice implies a political and cultural balance of the
diverse interests in society. Social justice is an integral part of the
society.
 Part 1: Venkataramanan V

Social Justice & Indian Context

The constitution of India was adopted on November 26, 1949. Some
provision of the constitution came into force on same day but the
remaining provisions came into force on January 26, 1950. This day is
referred to the constitution as the date of its commencement, and
celebrated as the Republic Day. The Indian Constitution is unique in its
contents and spirit. Though borrowed from almost every constitution of
the world, the constitution of India has several salient features that
distinguish it from the constitutions of other countries.

Dr. B.R. Ambedkar, the Chief Architect of Constitution of India, is the

man of millennium for social justice, in the sense that he became the
deliverer of the Dalits, the erstwhile untouchables, Other Backward
Classes (OBCs), and women, constituting 95% of Hindu population.
That big segment of population had been forced to live at a sub-human
level from time immemorial, under caste system, sanctioned by Hindu
scriptures. He was the man of millennium for social justice, since he
was the first man in history to successfully lead a tirade of securing
social justice to the vast sections of Indian humanity, with the help of a
law, which practically repealed the concerned portions of Hindu
scriptures.

Social justice denotes the equal treatment of all citizens without any
social distinction based on caste, colour, race, religion, sex and so on.
It means absence of privileges being extended to any particular section
of the society, and improvement in the conditions of backward classes
(SCs, STs, and OBCs) and women. Social Justice is the foundation stone
of Indian Constitution. Indian Constitution makers were well known to
the use and minimality of various principles of justice. They wanted to
search such form of justice which could fulfill the expectations of whole
revolution. Pt. Jawahar Lal Nehru put an idea before the Constituent
Assembly

First work of this assembly is to make India independent by a new

constitution through which starving people will get complete meal and

PAGE 1
clothes, and each Indian will get best option that he can progress
himself.

Social justice found useful for everyone in its kind and flexible form.
Although social justice is not defined anywhere in the constitution but
it is an ideal element of feeling which is a goal of constitution. Feeling
of social justice is a form of relative concept which is changeable by
the time, circumstances, culture and ambitions of the people. Social
inequalities of India expect solution equally. Under Indian Constitution
the use of social justice is accepted in wider sense which includes both
social and economic justice. According to Chief Justice Gajendragadkar.

In this sense social justice holds the aims of equal opportunity to

every citizen in the matter of social & economical activities and to
prevent inequalities.

The Constitution of India and Social Justice

The Constitution of India has solemnly promised to all its citizens
justices-social, economic and political; liberty of thought expression,
belief, faith and worship; equality of status and of opportunity; and to
promote among the all fraternity assuring the dignity of the individual
and the unity of the nation. 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.

Article 19 enshrines the fundamental rights of the citizens of this

country. The seven sub-clauses of Article 19(1) guarantee the citizens
seven different kinds of freedom and recognize them as their
fundamental rights. Article 19 considered as a whole furnishes a very
satisfactory and rational basis for adjusting the claims of individual
rights of freedom and the claims of public good.

Articles 23 and 24 provide for fundamental rights against exploitation.

Article 24, in particular, prohibits an employer from employing a child
below the age of 14 years in any factory or mine or in any other
hazardous employment. Article 31 makes a specific provision in regard
to the fundamental right to property and deals with the vexed problem
of compulsory acquisition of property.

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Article 38 requires that the state should make an effort 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 national life. Article 39 clause (a) says that
the State shall secure that the operation of the legal system promotes
justice, on a basis of equal opportunity, and shall, in particular provide
free legal aid, by suitable legislation or schemes, or in any other way,
to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.

Article 41 recognizes every citizens right to work, to education and to

public assistance in cases of unemployment, old age, sickness &
disablement and in other cases of undeserved want. Article 42 stresses
the importance of securing just and humane conditions of work and for
maternity relief. Article 43 holds before the working population the
ideal of the living wage and Article 46 emphasizes the importance of
the promotion of educational and economic interests of schedule
castes, schedule tribes and other weaker sections.

The social problem presented by the existence of a very large number

of citizens who are treated as untouchables has received the special
attention of the Constitution as Article 15 (1) prohibits discrimination
on the grounds of religion, race, caste, sex, or place of birth. The state
would be entitled to make special provisions for women and children,
and for advancement of any social and educationally backward classes
of citizens, or for the SC/STs. A similar exception is provided to the
principle of equality of opportunity prescribed by Article 16 (1) in as
much as Article 16(4) allows the state to make provision for the
resolution of appointments or posts in favor of any backward class of
citizens which, in the opinion of the state, is not adequately
represented in the services under the state. Article 17 proclaims that
untouchability has been abolished & forbids its practice in any form &
it provides that the enforcement of untouchability shall be an offence
punishable in accordance with law. This is the code of provisions
dealing with the problem of achieving the ideal of socio- economic
justice in this country which has been prescribed by the Constitution of
India.

The social justice scenario is to be investigated in the context of two

streams of entitlements: (a) sustainable livelihood, which means
access to adequate means of living, such as shelter, clothing, food,
access to developmental means, employment; education, health, and

PAGE 3
resources; (b) social and political participation (enabling or
empowering means), which is built on the guarantee of fundamental
rights, and promotion and empowerment of the right to participation in
the government, and access to all available means of justice, and on
the basis of which justice as a political program becomes a viable
reality. We require therefore a study based on select illustrations of
various issues relating to government policies on topics such as: (a)
the right to food and water; (b) housing, which includes resettlement
and rehabilitation; (c) access to education, (d) access to provisions of
health and healthcare, (e) right to work, and (f) access to information
and the right to communication. In short, one of the important ways in
which the inquiry will proceed will be through taking stock of various
forms that have occasioned the articulation of ideas of social justice.
Governmental justice consists of various welfare schemes, law, legal
literacy, administrative forms of arbitration such as tribunals, boards,
courts, public interest litigation, new legal education, plus the
constitutional idea of protection of weaker sections of the society and
introduction of positive discrimination.

Challenges
After 40 years of independence, 8 Five Year Plans, hundreds of laws
leading to a veritable forest of rules offering a variety of special
facilities to the underprivileged ranging from scheduled castes and
tribes to women, in matters of education, employment, housing, etc.
social justice is far from a reality. 53% of over 965 million people are
under the poverty line i.e. unable to spend even a dollar a day on bare
necessities. A mere16% of households enjoy the luxury of electricity,
drinking water and toilet facilities. This percentage is 3.9% if only rural
households are taken into consideration. 71% of our women are
illiterate. Barring a few states like Kerala and Tamil Nadu, rural health
care is a sham and almost non-existent. Then there is the problem of
the millions of the educated unemployed. Though in any society some
form of inequality is unavoidable, the persistence of large-scale
economic disparities and the undignified living conditions of millions of
Indians is a reality that cannot be overlooked. The satisfaction of a set
of basic needs must have the highest priority, for, without food,
shelter, clothing, health care and primary education a person does not
become a human being. The widespread caste prejudices and the
continuing discrimination against the lower castes are a threat to social

PAGE 4
stability and peace. The social and educational backwardness of a vast
section of the population inhibits its participation in the process of
social and economic development, not to mention human
development. Hence, the reduction of discriminatory social practices is
an important part of the movement for social justice. Women suffer
from historical, social and economic disadvantages. Even among the
other categories of deprived communities, they are the most deprived
group. A liberal society must attend to demands of gender justice
seriously.

The conception of social justice also encompasses firm commitment to

the protection of human rights and civil liberties. Disabilities and
problems of other groups like the physically disabled, child labor, tribal
and those affected by environmental pollution also form the agenda of
social justice. And these are Indias most critical problems. These are
at the root of much of the political unrest, social and ethnic conflicts,
and the growth of collective violence and the weakness of democratic
structures in our country.

The caste institution in our society is very effective which is not the
phenomenon in western countries. In such circumstances, can we reap
the fruits of the system which we adopted? The main objectives of
social justice are compulsory and equal education, casteless society
and employment to each. Economic exploitation is also a big factor and
all these do not allow the true realization of democracy. When India is
passing through social and caste discrimination, economic crisis,
unemployment, communalism and lack of basic needs, a party of
substance and difference is needed which acknowledges and
addresses the problems of social and economic deprivation.

Meaning of Justice doesnt need to be further defined and it is

committed to give justice to all those who have been or being denied.

SOCIAL POLICY
Politics is reflection of the society. If casteism, regionalism and
communalism are part of society, they will go in to politics also. Those
who are born and die in discriminatory environment, how is it possible
for them to have different mindset? During elections, this mindset
takes precedence over development, science, honesty, integrity etc.
Though political parties aim to capture political power but they are
equally responsible to fight out social discrimination while making it
important agenda. Till ideal situation is attained, it will not be possible

PAGE 5
to capture political power through agenda like development, education,
health etc. Recently French Government banned students from wearing
religious symbols in schools and similarly we also have to take hard
decisions to do away with vestigial institutions like caste. Due to
increasing consciousness among dalits and backwards, they are also
striving to have participation in political power and it is leading to a
situation where elections are being fought more between the castes
than parties. Earlier, dominant castes used to fight elections mainly
and now backwards have also started contesting and a day will come
erstwhile dominant castes will be out of power owing to their smaller
number. For all of us it is essential to remove rotten values and social
system.

ECONOMIC POLICY
The distribution of income among individuals or households at the local
or national level, based on classifications such as socio-economic
status, profession, gender, location, and income percentiles, is the
most widely used measure of the degree of equality or inequality
existing in a society. For most contemporary societies, income
distribution remains the most legitimate indicator of the overall levels
of equality and inequality. Gap between rich and poor is wider in our
country. Besides historical reason, there are many reasons which are
producing poverty. Governments are morally bound to provide
education, health, employment and other basic needs. Due to
globalization and privatization, it is now being debated that the
Governments are not supposed to do business and provide
employment but are for maintenance of law and order and foreign
policy etc.

DALITS
Dalits have been exploited for millennia. No society or country can
make the requisite progress while depriving such large number of
people of dignity and respect. A country is an extended version of a
family, if a family member is half fed or sick, peace and happiness will
not come to it and similarly deprivation of dalits has cost and is costing
India dear. Dr. Ambedkar was for nationalization of land but Dalits have
forgotten this economic agenda. Dalits have made a little progress in
government jobs and politics due to reservation but in other fields like
industry, market, profession, media, hi-tech, art & culture, stock
exchange, they are yet to begin. Dr. Ambedkars plank to establish

PAGE 6
casteless society through Buddhism was implemented in 2001 when
lacks of dalits embraced buddhism.

TRIBALS
Tribal have escaped from caste discrimination but are the worst victims
of economic poverty. They have been traditionally fed on the roots and
shoots and other available natural resources but this also has declined.
With increasing pace of industrialization and urbanization there is no
alternative left except to integrate them into the main stream of the
nation. Though they had been provided reservation but most backward
tribal have been hardly benefited.

MINORITIES
Being in minority should not be a curse in democracy, yet in a country
like ours, majority pocket the main benefits. Christians have introduced
and cultivated science, engineering and modern education but are
becoming subject to persecution on day to day basis in the name of
conversion. Jains, Sikhs and Buddhists have not been given status of
being separate religious groups, this shows the plight of minorities.
Muslims and Dalit Christians are worst sufferers and hence priority
should be given to ensure health, education and jobs to them. Muslims
are very small in Government jobs and police and they should be
ensured participation according to their population in such areas.
During communal riots, they do not face the wrath of majority only but
also of police and paramilitary forces; therefore it is must to ensure
reservation in police and paramilitary forces.

BACKWARD CASTES
Backward castes population is more than any other group but they are
a most divided lot. The recommendations of Mandal Commission were
implemented because of Dalit struggle but divided and unaware
backwards could not even use the benefits. Thus the saga of most
backwards castes is really deplorable. A fresh look is needed to ensure
the benefits to them of reservation and other safeguards.

WOMEN
Women are the worst sufferers in this social economic setup. Even able
women are not in a position to get the returns they deserve. Since
childhood, they are taught that they belong to their in-laws house and
their salvation lies in surrendering to their husbands. This generates

PAGE 7
that mindset, consciously or subconsciously, that women are meant for
enjoyment and progeny. This must be attacked otherwise even women
will not come forward to ask for their rights. Dowry, rape and torture
are the byproduct of this mentality. In present times, Muslim women
are the worst sufferers due to increasing fundamental tendency. Where
progress has become possible, participation of women in various fields
was and is higher. Not only for the sake of humanity but also for overall
growth of the nation, women will have to be integrated into social,
educational and political system. Through various cultural fora like
cinema etc. women are projected as beautiful objects and epitomes of
purity but not certainly meant to compete with men. This complex
problem is not going to be tackled merely by governmental efforts;
therefore political parties also share the great social responsibilities.

FARMERS
Farmers and peasants do not get the return of what they toil far. The
prices of their produce like wheat, paddy, vegetables etc. have not
increased to the extent of commodities like soap, cosmetics, steel and
other articles manufactured in industries. In places like Mumbai and
Delhi, small shops can have turnover of millions and billions but farmer
owning hundred acres of land cannot afford to lead the life a small
businessman and government servant can do. World Bank and
developed countries are exerting continuous pressure on our
Governments that they should reduce the subsidies on fertilizers,
pesticides and seeds etc. whereas they pamper their farmers like
anything, i.e., a farmer is given Rs. 400 per day to maintain a cow in
England. Switch on the television or open pages of newspapers, you
will find news about stock exchange but what about farmers and crops.
Equity and shares do not have more than 10% value of countrys
assets. Good rain has helped farmers to grow more crops. When there
is drought, Sensex at stock exchange falls. Justice has not come to the
farmers and to secure it, agricultural products must get their due price
and subsidies, if required, be increased. Computerization, mobile
revolution, hi-tech have benefited a few living in urban cities and this
cannot be yardstick to measure the progress of farmers and laborers.
We should modernize rural India as well so that the children of rural
areas also avail the same opportunities. Till this is done, we will not
concede the so called achievements in computerization and hi-tech
etc.

PAGE 8
LABORERS
Whatever production was done by thousands of laborers in the past,
now it is being done by few laborers so that the profits of businessman
go up. We should not oppose hi-tech and mechanization but is in favor
of those industries and services who absorb more people. These days
businessmen are employing laborers on contract basis and this has
unleashed more exploitation. Recently, Supreme Court pronounced a
judgment which curtails the freedom of agitation and struggle of
employees and laborers. The higher judiciary is favoring disinvestment
and privatization which is precipitating further exploitation of workers.
We feel that exploitation by industrialists and businessman should be
curbed.

LANDLESS PEOPLE
About 65% population living in rural India is landless and Dalits ratio is
even higher. In developed countries like Japan and Europe about 40 %
rural population does not depend on agriculture but derive their
subsistence from agro based industries, cottage industries and soil
conservation activities etc. We have ample opportunities to go for
mass scale agro based industries which will not only provide
employment but also stop migration to urban areas.

Solution
The solution to social injustice is within us only. We should be aware of
the expressions - the poor, the backwards, social justice which are
being used to undermine standards, to flout norms and to put
institutions to work. Despite the well intentioned commitment of
ensuring social justice through equalization or protective discrimination
policy, the governmental efforts have caused some tension in the
society. In the name of social justice even such activities are performed
which have nothing to do with social justice. The need of hour is to
ensure the proper and balanced implementation of policies so as to
make social justice an effective vehicle of social progress. While
Liberalism puts freedom first it is conscious of the fact that such
freedom is hollow unless it is accompanied by a sense of security and
equality. A liberal social policy should aim at providing the most
disadvantaged with access to opportunities and, at the same time
create a social net that strengthens their ability to cope with crises.
Successive governments have attempted to meet the basic needs of

PAGE 9
people by spending large sums of money on various subsidies, a
variety of employment generation and poverty alleviation schemes.
While these schemes have created a huge distributive bureaucracy
only a small percentage of the sums sanctioned actually reach the
intended recipient groups. They have bred corruption on a massive
scale. A phenomenal amount of resources are wasted, destabilizing
public finances, harming economic development and burdening future
generations. Alongside of measures to liberalize the economy which
would create new employment opportunities, there is need to
encourage entrepreneurship and self-employment particularly in the
light of fast developing technology. This would spur an upward
movement of people and each entrepreneur can provide work for one
or more persons. Jobs and self-employment opportunities have to be
encouraged in sectors like agriculture, plantations, and in a variety of
infrastructural activities, etc. Employing techniques that involve a
judicial mix of machines and manual labor, the countrys enormous
economic potential can be exploited to the benefit of the less fortunate
sections of the population. Without administrative and political
decentralization the goals of social justice may not be accomplished.
Letting people decide what their development needs are will not only
generate social and political awareness among them but also instill a
sense of self-respect and build strong leadership at the local and
community levels.

PAGE 10
 Part 2: Ranjani Manoharan

Concept of Social Justice

Social justice is a revolutionary concept which provides meaning and
significance to life and makes the rule of law dynamic. When Indian
society seeks to meet the challenge of socio-economic inequality by its
legislation and with the assistance of the rule of law, it seeks to
achieve economic justice without any violent conflict. The ideal of a
welfare state postulates unceasing pursuit of the doctrine of social
justice. That is the significance and importance of the concept of social
justice in the Indian context of today.

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
population.

The idea of welfare state is that the claims of social justice must be
treated as cardinal and paramount. Social justice is not a blind concept
or a preposterous dogma. It seeks to do justice to all the citizen of the
state. Democracy, therefore, must not show excess of valor by
imposing unnecessary legislative regulations and prohibitions, in the
same way as they must not show timidity in attacking the problem of
inequality by refusing the past the necessary and reasonable
regulatory measures at all. Constant endeavor has to be made to
sustain individual freedom and liberty and subject them to reasonable
regulation and control as to achieve socio-economic justice. Social
justice must be achieved by adopting necessary and reasonable
measures. That, shortly stated, is the concept of social justice and its
implications. Citizens zealous of their individual freedom and liberty
must co-operate with democracy which seeks to regulate freedom and
liberty in the interest of social good, but they must be able to resist the
imposition of any restraints on individual liberty and freedom which are
not rationally and reasonably required in the interests of public good,
in a democratic way. It is in the light of these difficult times that the
rule of law comes into operation and the judges have to play their role
without fear or favor, uninfluenced by any considerations of dogma or
isms. The term social justice is a blanket term so as to include both
social justice and economic justice.

PAGE 11
The Problems of the Poor in India

This vice of social inequality assumes a particularly reprehensible form

in relation to the backward classes and communities which are treated
as untouchable; and so the problem of social justice is as urgent and
important in India as is the problem of economic justice. Equality of
opportunity to all the citizens to develop their individual personalities
and to participate in the pleasures and happiness of life is the goal of
economic justice. The concept of social justice thus takes within its
sweep the objectives of removing all inequalities and affording equal
opportunities to all citizens in social affairs as well as economic
activities. The problem of poverty and unequal distribution of wealth
may be confined to the bigger cities and towns in India but the
problem accentuated by the vice of social inequality existing in a gross
form prevails in all of our villages. For instance, the harijans constitute
a large class of landless laborers who are treated as untouchables by
the rest of the community, who have no house to live in, generally no
clothes to wear, who do not get food to eat & sometimes even decent
drinking water is beyond their reach. The poor also have no access to
legal assistance. Poor people are vulnerable to injustice. Poverty
fosters frustration, ill feeling and a brooding sense of injustice.
Democracy realizes that this problem which concerns a large number
of citizens cannot be successfully met unless law is used wisely to
restore balance to the economic structure and to remove the causes of
economic inequality.

Article 23 of the Constitution specifically prohibits traffic in human

beings, "beggar" and other similar forms of forced labour, and any
contravention of this provision, it is stated, shall be an offence
punishable in accordance with law. But how many people guilty of such
defiance have beer, caught and punished? Economic exploitation of
labour continues with a vengeanceby capitalists, unscrupulous
employers, landlords and others, including senior government officials
sand yet no one bothers. There is mere talk and promise, but no
concrete action to redress injustices.

PAGE 12
Indian Judiciary's Interpretation of Social Justice
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."

So we can see that the Supreme Court has always stepped in to

protect the interest of the Indian citizens, whether it has been has the

PAGE 13
case of consumer protection or claiming insurance or be it
representation of suppressed classes. It has used the medium of social
justice as an umbrella term to deliver justice.

Human Development
Human development means the expansion of freedom and rights of
the people so that they may have the capacity to lead the kind of life
they value. The persistence of social disabilities such as the caste
system, untouchability, religion and discrimination against women, the
development and socio-economic changes is to have a right based
approach to development. Human development is based upon the
principles of equality and justice for all. The constitution reflects an
uncompromising respect for human dignity, an unquestioning
comment to equality and an overriding concern for the poorest and
weakest in the society.

The concept of basic human needs involves drawing a list of

foundational needs of both, physiological and social. It arrives at a list
of the minimum social needs- right to food, housing, health, education
and livelihood provide foundation upon which human development can
occur and human freedom can flourish. These basic social rights should
be conceptualized in terms of an entitlement both to be equal as
humans and to be equal as members of the society. Naom Chomsky
once said, In this terminal phase of human existence, democracy and
equality are more than just ideals to be valued, they may be essential
to survive.

The term social justice implies a political and cultural balance of the
diverse interests in society. Pluralism or democracy is the only means
by which is indeed a dynamic process because human societies have
higher goals to attain.

Social justice is an integral part of the society. Social injustice cannot

be tolerated for a long period and can damage society through revolts.
Therefore the deprived class should be made capable live with dignity.
Social justice is a principle that lays down the foundation of a society
based on equality, liberty and fraternity. The basic aim and objective of
society is the growth of individual and development of his personality.
The concept of social justice is a revolutionary concept which provides
meaning and significance to life and makes the rule of law dynamic.

PAGE 14
When Indian society seeks to meet the challenge of socio-economic
inequality by its legislation and with the assistance of the rule of law, it
seeks to achieve economic justice without any violent conflict. The
ideal of a welfare state postulates unceasing pursuit of the doctrine of
social justice. That is the significance and importance of the concept of
social justice in the Indian context of today.

Social justice is not a blind concept. It seeks to do justice to all the

citizen of the state. A democratic system has to ensure that the social
development is in tune with democratic values and norms reflecting
equality of social status and opportunities for development, social
security and social welfare. The caste system acts against the roots of
democracy in India. The democratic facilities like fundamental rights
relating to equality, freedom of speech, expression & association,
participation in the electoral process, and legislative forums are
misused for maintaining caste identity. It is true that India has been an
unequal society from times immemorial. There are enormous
inequalities in our society which are posing serious challenges to Indian
democracy.

Democracy, therefore, must not show excess of valor by imposing

unnecessary legislative regulations and prohibitions, in the same way
as they must not show timidity in attacking the problem of inequality
by refusing the past the necessary and reasonable regulatory
measures at all. Constant endeavor has to be made to sustain
individual freedom and liberty and subject them to reasonable
regulation and control as to achieve socio-economic justice. Social
justice must be achieved by adopting necessary and reasonable
measures. That, shortly stated, is the concept of social justice and its
implications.

The basic aim of social justice is to remove the imbalances in the

social, political and economic life of the people to create a just society.
It means dispensing justice to those to whom it has been
systematically denied in the past because of an established social
structure.

Babasaheb Dr. Ambedkar did not propound any specific definition or

theory of Social Justice. He has mentioned multiple principles for the
establishment of an open and social order in general and Indian society

PAGE 15
in particular. Therefore with the help of these elements we can carve
out a theory of social justice. We can extract five basic principles, from
his writings and speeches, through which justice can be dispensed in
the society. These are:

1. Establishing a society where individual becomes the means of all

social purposes
2. Establishment of society based on equality, liberty and fraternity
3. Establishing democracy- political, economic and social. 4.
Establishing democracy through constitutional measures
4. Establishing democracy by breaking monopoly of upper strata on
political power

Going by these principles, Ambedkar was of the opinion that Social

Justice can be dispensed in a free social order in which an individual is
end in itself. Associated life between members of society must be
regarded by consideration founded on liberty, equality and fraternity.

Conclusion
Corruption itself is a form of exploitation, because people holding key
positions extort money in the shape of bribes, gifts and services, even
for rendering simple services which are their duty. This process makes
total nonsense of "equality of opportunity" guaranteed under the
Constitution. Only those who have money can give bribes and grease
the palms of greedy people.

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.

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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.

It might be asked why the principle of equal justice has failed to have
its effect. The answer to this is simple. To enunciate the principle of
justice is one thing. To make it effective is another thing. Whether the
principle of equal justice is effective or not must necessarily depend
upon the nature and character of the civil services who must be left to
administer the principle. The solution to social injustice lies within us
only.

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