"Social justice aims to ensure equal opportunities for every citizen in terms of social, economic and political activities and prevent inequality" -- Hinesh Rathod

What is Social Justice?

Social justice denotes the equal principle for all citizen without any social distinction based on caste, colour, race, religion, sex and so on. Social justice means a fair and just relationship between individual and citizen. In simple terms, social justice refers to justice in terms of the distribution of wealth, opportunities, and privileges within the society. It aims to meet the challenge of socio-economic inequality by law.

Assuring the protection of equal access to liberties, rights, and opportunities.

Taking care of the least advantaged members of society.

It seeks to achieve economic justice without any violent conflict.

It is equated with rule of law.

Importance of Social Justice in India

Social Justice takes within its sweep the objective of removing all inequalities and providing equal opportunities to all citizens in social affairs as well as economic activities.

Equality:
Equality refers to equal opportunities for all citizen.

Peace and Order:
If the majority disregards smaller sections in the community, it drives them to rebellion.

Dignity:
To ensure life to be meaningful and livable with human dignity.

Mitigate Sufferings:
The dynamic device to mitigate the sufferings of the poor, weak Dalits, tribals' and deprived sections of the society.

Human Resources:
Human resource by provision of health and education facilities.

Freedom to form political, economic or religious institutions
Challenges of caste system, untouchability and other discrimination in the society.

Improved status of women:
I'll practices of dowry, female foeticide would decline at large level. It can also address the issues declining sex ratio and limited education opportunities for girls.

Legal Justice:
The system of administration of justice must provide a cheap, expeditious and effective instrument for realization of justice by all sections of the people irrespective of their social or economic position or their financial resources Social justice is a dynamic tool to improve the conditions of the marginalized sections of the society.

History and Evolution of Social Justice:

Industrial Revolution and subsequent democratic movements in Europe, social justice as a term evolution in the early 19th century, aimed at establishing more egalitarian communities and remedying capitalist exploitation of human labour.

Early social justice activists focused mainly only on money, land, and wealth distribution due to the clear of stratifications between rich and poor during that period.

By the mid of 20th century, social justice had grown to include the environment, race, gender, and other causes and manifestations of injustice from being solely concerned with economics to include other areas of social life also.

Article Which Gives Certain Rights To Citizens Of This Country Are As Follows:

Article 15:
As Article 15(1) forbids discrimination on grounds of religion, race, caste, sex or place of birth, the social problem posed by the presence of a very large number of people. The State should have the power to make special arrangements for women and girls, and to promote any backward social and educational groups of people, or for the SC / STs.

Article 16:
In the same way as Article 16(4), the concept of equal opportunity imposed by Article 16(1) requires the State to provide for the resolution of appointments or posts in favour of any disadvantaged class of people.

Article 17:
Untouchability" is abolished and its practice in any form is forbidden.

Article 19:
Article 19 the fundamental rights of the country's people. Article 19(1)'s seven sub-clauses guarantee seven separate kinds of independence for people and accept them as their constitutional rights.

Article 23 & 24:
Article 23 and 24 provide for fundamental rights against exploitation. Article 24 forbids an employer from hiring a child under the age of 14 in any factory or mine, or in any other hazardous jobs.

Article 38:
State to secure a social order for the promotion of welfare of the people.

Article 39(a):
Certain principles of policy to be followed by the State: The State shall direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means to livelihood.

Article 41:
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.

These are some articles, which guarantees and deal with for social justice for the citizen of this country. In addition, it is the code of laws dealing with the question of attaining in this country the standard of socio-economic justice mandated by the Indian constitution.

The case Law related to Social Jusice:

The Supreme Court has firmly ruled in Balbir Kaur v Steel Authority of India 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.

In D. S. Nakara v. Union of India, the Supreme Court has held that the principal aim of a socialist state is to eliminate inequality in income, status and standards of life. The basic framework of socialism is to provide a proper standard of life to the people, especially, security from cradle to grave. Amongst there, it envisaged economic equality and equitable distribution of income.

The Apex Court in Ashok Kumar Gupta v State of U.P ,It held that the term of Social Justice is a Fundamental Rights.

In Ajaib Singh v Sirhind Cooperative Marketing-cum-Processing Service Society Ltd., Court observed that in dealing with industrial dispute the Courts should keep in mind the Doctrine of Social Justice.

Supreme Court in Municipal Corporation of Delhi v Female Workers, it held that the provision entitling maternity leave under the Maternity Benefit Act, 1961, even to women engaged on casual basis or on muster roll basis on daily wages and not only to those in regular employment are in consonance with the doctrine of social justice and any contention against it is contrary.

In Consumer Education & Research Centre vs Union Of India & Others, it was held by the supreme court of India that the jurisprudence of personhood or philosophy of the right to life under Article 21, enlarges its sweep to encompass human personality in its full blossom with invigorated health which is a wealth to the workman to can his livelihood to sustain the dignity of person and to live a life with dignity and equality.

Addressing the nation from Red Fort on the 76th Independence Day, Dated 15th Day of August 2022

Prime Minister Narendra Modi said the two big challenges before country are nepotism, dynasty, and corruption, asserting that we have to fight against these together.

Conclusion:
To become a strong democracy, it is necessary to instill public confidence in the social justice system. Democracy is a government of the people, to the people, for the people and by the people, Therefore equality for all citizen are necessary to become healthy, progressive and democratic country. In nutshell, social justice help in becoming a progressive and healthy democracy.

Reference/Bibliography:

• https://www.legalserviceindia.com/legal/article-4607-social-justice-what-is-social-justice.html
• https://blog.ipleaders.in/what-is-social-justice/
• https://www.readcube.com/articles/10.2139/ssrn.2589869
• https://madhavuniversity.edu.in/social-justice.html
• https://timesofindia.indiatimes.com/readersblog/lawpedia/indian-social-justice-a-myth-49133/
• https://upscwithnikhil.com/article/social/social-justice

Award Winning Article Is Written By: Mr.Hinesh Navratan Rathod

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