Social Justice: A Legal And Moral Principle
Social justice is something which refers to the justice in the society for individual. It is a concept that emphasizes fairness and equality in the distribution of wealth, privileges, opportunities in society. It ensures that every individual regardless of their background, have equal access to the basic necessities of life such as food, shelter, education, health care, legal protection. It aims to eliminate discrimination and prejudice based on factors like race, creed, gender, religion, sex and economic status.
Introduction
The social justice can be an ideal topic for teaching the students. Many philosophers have discussed social justice including-
- Martin Luther King Jr.-Injustices anywhere is a threat to justice everywhere.
- John Rawls- justice is the first virtue of social institutions, as truth is of systems of thought.
Targets developing the world economy for a peaceful atmosphere.
John Rawl in this regard proposed three principles of justice-
- Everyone have equal access to the maximum amount of rights available to all.
- Social and economic inequalities be arranged so that they benefit the least well-off
- Offices and positions be equally access to all
There are numbers of arguments being made by various factions about what social justice is? But here none of the argument seems to be true as a whole, but there’s bits of truth in each…
Background
The concept of social justice first arose in the 19th century during industrial revolution. The United Nation in the 24th session of UN General Assembly passed the resolution to observe 20th February as the world day. It was approved on 26th November 2001 and started in 2009, which focuses on guaranteeing fair outcomes- for all through employment, social protection, social dialogue. The UN began using the term social justice in the late 1960’s, sometimes interchangeably with Equality and Equity.
The 1st documented use of the phrase social justice is attributed to Luigi Taparelli, an Italian Jesuit priest who used it in the early 1800s to argue for the rights of the poor and marginalized.
Taparelli established the natural law principle corresponded with the principle of brotherly love. Social justice reflects the duty one has to one’s other self in the interdependent abstract unity of the human, after the revolution of 1848, the term was popularized generically through the writings of Antonio Rosmini Serbati.
From the early 20th century, it was also embedded in international law and institutions. The preamble to establish the international labour organization recalled that ‘universal and lasting peace can be establish only if it is based upon social justice’.
The Role Of Law In Promoting Social Justice
The Indian constitutional law has many provisions to ensure social justice including-
- Preamble-the preamble of Indian constitution itself talks about the Justice: Social, Economic, Political, which signifies the concept of social justice in practical life.
Case law: Keshavanand Bharti Sripadachari V. State of Kerala- it was the case due to which preamble of Indian constitution was amended in 1976. It was the case defining the social justice as a part of the basic structure of the constitution, to promote equality and prevent discrimination
Fundamental Rights
Article 14- the state shall not deny to any person equality before law or equal protection of the law. Basically this provision encompasses two provisions in which the first one is Equality before law and second one is equal protection of law in order make the society just and fair.
Case law: Chiranjit Lal Chowdhuri v. Union of India (1950)- It concluded that the classification was based on reasonable grounds—addressing mismanagement affecting public welfare, thereby aligning with the principle of reasonable classification.
Article 15 – Prohibition of Discrimination
Article 15- prohibition of discrimination on grounds of religion, race, caste, class, sex or place of birth. It mentions that prohibition of discrimination which exist in society, creates a barrier for making just society.
Case Law: State of Madras v. Champakam Doraijan (1951)
Case law- State of Madras V. Champkam Doraijan (1951)- this case led to the 1st constitutional amendment in 1951. The government amended Article 15 by introducing Article15(4) which allowed the state to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes and Scheduled Tribes.
Article 16 – Equality of Opportunity in Public Employment
Article 16- Equality of opportunity in matters of public employment is granted to all citizens which ensures that all citizens have the equal chance for jobs under the state regardless of their religion, race, caste, class, sex. It also provides the provision for the reservation of backward class in order to bring the social justice.
Case Law: Indira Sawhney v. Union of India (1992)
Case law- Indira Sawhney v. Union of India (1992)- The court clarified Article 16(4) (reservations for backward classes) is an instance of classification, not an exception to Article 16(1).
Article 17 – Abolition of Untouchability
Article 17- Abolition of untouchability – untouchability is abolished and it’s practice in any form is forbidden. Any act of persons which arises untouchability, is punishable accordance with law.
Case Law: State of Karnataka v. Appa Balu Ingale (1993)
Case law- state of Karnataka v. Appa balu ingale (1993) – this case affirmed the judiciary’s role in ensuring social justice and dignity for marginalized communities and Called for rigorous application of laws against caste-based discrimination, not tolerating subtle forms.
Articles 26, 27, and 28 – Freedom of Religion
Article- 26,27,28- these three articles directly relates with the right of freedom of religion in which it grants the freedom of manage religious affair, prohibiting taxes for promoting specific religion and ensuring freedom from
Article 38 – Welfare of the People
- Article- 38- It talks about the state’s role in promoting the welfare of the people
- Strive to promote the welfare of the people.
- Aims to Secure and protect a social order in which justice prevails
- Minimize inequalities.
Directive Principles of State Policy
Article 39 – Social and Economic Justice
Directive Principle of State Policy – Article-39- A part of the directive principle of state policy lays down certain principles of policy to be followed by state. These principle are aimed at ensuring social & economic justice.
Article 39(A) – Equal Justice and Free Legal Aid
Article-39(A)- Equal justice and free legal aid – The state shall secure that the operation of legal system promotes Justice, on a basis of Equal opportunity and provide free legal aid.
So, these were the provisions which helps in making just society for justice.
Issues Related to Social Justice
The issues are the main obstacles which prevent peoples from having equal access to resources, opportunities and privileges and these issues can lead to social justice.
- Inequality on the basis of economic condition- Inequality between the poor and rich. The gap between them is becoming the cause of inequality.
- Racial discrimination based on Race including disparities in employment, housing, education and criminal justice.
- Gender inequality – unequal treatment of women and gender non-conforming individuals in society including pay gaps and lack of representation in leadership roles.
- LGBTQ+ discrimination in which they have no job opportunities being fired, not hired or not promoted because of sexual orientation, violence & mental harassment and these all can affect their mental and physical health.
- Poverty – Poverty is a fundamental social justice issue because it stems from systemic inequalities, denying people basic rights like education, healthcare, and housing, and preventing equal opportunity, thus violating human dignity and creating cycles of disadvantage, requiring policy changes, not just charity, for true fairness.
Solution of Social Justice Issues
The achieving of social justice requires not just equal opportunities but also equitable access to resources based on individuals needs. Providing access of services to all citizens without any discriminations such as healthcare, Education, fair wages, equal access to legal remedies.
Those laws must be enacted and enforced which promote the equality and promote the human rights and ensure equal opportunities. Those policies should be made which promote inclusion and diversity to eliminate discriminatory practices that create a more just society.
Educate everyone about the social justice issues & start yourself to familiarize with social justice issues then you will know what is being done about them.
Proper implementation of the laws and the provisions which is beneficial to the society and promotes social justice (the constitutional provisions as mentioned above).
Conclusion
The international day for social justice offers an opportunity to focus on some of the root causes of an unjust world. The current major social justice issue is the inequality between the rich and the poor, major change need to take place at the government level and within civil society to reduce the growing inequality. The power of compassion along with a yearning for social justice will create a better world.
