CONCEPT OF SOCIAL JUSTICE

LAW AND POVERTY

KRISHAV GROVER
B.A.LLB (Hons.)[S/F]
24
CONTENTS
Acknowledgement 3

Introduction 4

Definition 5

History of the concept of social justice 6- 7

Concept of social justice 8- 9

The conditions of the poor in India 10

Challenges in social justice 11-15

The Constitution of India and social justice 16-17

Indian judiciary's interpretation of social justice 18-19

Conclusion 20-21

Bibliography 22

2
ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher Mr.
RASHEED C.A. who gave me the golden opportunity to do this wonderful project
on the topic CONCEPT OF SOCIAL JUSTICE, which also helped me in doing a lot of
Research and I came to know about so many new things I am really thankful to
him.
Secondly I would also like to thank my seniors and friends who helped me a lot in
finalizing this project within the limited time frame.

Krishav Grover

B.A.LL.B.(Hons.)[S/F]

Roll no. 24

3
INTRODUCTION
Social justice is a broad concept not limited to any specific religious or political movement. It is
widely associated with the political left, and in the U.S. its advocates are mainly of the
Democratic party, particularly in the party's self-identified progressive and socialist wings.
Progressives and socialists who do not associate with the Democratic party also commonly
employ the term.

Self-identified advocates of social justice are often at odds with each other over specific policies
and priorities, but share a same liberal vision of an ideal society where no one race, class,
religion, sexual orientation, gender identity or language group is oppressed or enjoys special
privileges. Every major religion contains at least one social justice movement.

In the U.S., for example, progressives often push for reform of the criminal justice system,
which they feel has been unduly harsh on people of color (particularly blacks and Latinos). They
also criticize the healthcare system, which they feel neglects women, the poor, immigrants and
people of color. They push for reform of the immigration system, arguing that it keeps millions
of families from realizing their full potential. They push for equal pay for equal work, which they
believe women and people of color have been denied.

4
DEFINITION
Social justice is a political and philosophical concept which holds that all people should have equal
access to wealth, health, wellbeing, justice and opportunity.

The dominant concept of justice has always been at the core of the ideologies held by a a society thus
creating an encompassing agreement between its members. As it evolved throughout history, this
concept of social justice, as well as the mechanisms of administering justice in a society, provided the
basis for society’s legitimization. Social justice is rooted in the cultural history of a society, exerting a
normative influence on the beliefs of the large majority of the people about how goods should be
distributed. The nature of these beliefs about what is just is based upon the deeper cultural values that
have developed in a society’s cultural history.

The term social justice reminds us of a concept of equal opportunities in society. We think of social
justice as a measure of fairness, equality, and impartiality in social life. We also remember different
practices where social justice is sometimes denied to certain categories of people as sexism and racism.
Eventually, we will think about various movements for greater social justice and realize that there are
different approaches to the concept of justice. Then we become aware of the fact that the concept of
justice has played a very important role as a mechanism of social control and evolved along with the
dominant ideology of the time, accordingly framing how the majority of the population think about the
nature of and their places in society.

The ideological foundation of our current understanding of social justice originates from cultural
perspectives molded by the latest developments of the industrial era like the rise of industrial
production of goods and services, mass consumption, and the heritage of the socialist revolutions and
civil rights movements. The rise of capitalism fueled the problems of wealth distribution, and the
socialist ideologies have created a myth that gave rise to the redistributive ethic.

5
HISTORY OF THE CONCEPT OF
SOCIAL JUSTICE
While the concept of social justice can be traced through the theology of Augustine of Hippo and the
philosophy of Thomas Paine, the term "social justice" became used explicitly from the 1840s. A Jesuit
priest named Luigi Taparelli is typically credited with coining the term, and it spread during the
revolutions of 1848 with the work of Antonio Rosmini-Serbati. However, recent research has proved
that the use of the expression "social justice" is older (even before the 19th century). In the late
industrial revolution, progressive American legal scholars began to use the term more, particularly Louis
Brandeis and Roscoe Pound. 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 established only if it is based upon social justice." In the later 20th century, social
justice was made central to the philosophy of the social contract, primarily by John Rawls in A Theory of
Justice (1971). In 1993, the Vienna Declaration and Programme of Action treats social justice as a
purpose of human rights education.

After the Renaissance and Reformation, the modern concept of social justice, as developing human
potential, began to emerge through the work of a series of authors. Baruch Spinoza in On the
Improvement of the Understanding (1677) contended that the one true aim of life should be to acquire
"a human character much more stable than [one's] own", and to achieve this "pitch of perfection... The
chief good is that he should arrive, together with other individuals if possible, at the possession of the
aforesaid character."[24] During the enlightenment and responding to the French and American
Revolutions, Thomas Paine similarly wrote in The Rights of Man (1792) society should give "genius a fair
and universal chance" and so "the construction of government ought to be such as to bring forward... all
that extent of capacity which never fails to appear in revolutions."

Social justice has been traditionally credited to be coined by Jesuit priest Luigi Taparelli in the 1840s, but
the expression is older

Although there is no certainty about the first use of the term "social justice", early sources can be found
in Europe in the 18th century. Some references to the use of the expression are in articles of journals

6
aligned with the spirit of the Enlightenment, in which social justice is described as an obligation of the
monarch; also the term is present in books written by Catholic Italian theologians, notably members of
the Society of Jesus. Thus, according to this sources and the context, social justice was another term for
"the justice of society", the justice that rules the relations among individuals in society, without any
mention to socio-economic equity or human dignity.

The usage of the term started to become more frequent by Catholic thinkers from the 1840s, including
the Jesuit Luigi Taparelli in Civiltà Cattolica, based on the work of St. Thomas Aquinas. He argued that
rival capitalist and socialist theories, based on subjective Cartesian thinking, undermined the unity of
society present in Thomistic metaphysics as neither were sufficiently concerned with moral philosophy.
Writing in 1861, the influential British philosopher and economist, John Stuart Mill stated in
Utilitarianism his view that "Society should treat all equally well who have deserved equally well of it,
that is, who have deserved equally well absolutely. This is the highest abstract standard of social and
distributive justice; towards which all institutions, and the efforts of all virtuous citizens, should be made
in the utmost degree to converge."

In the later 19th and early 20th century, social justice became an important theme in American political
and legal philosophy, particularly in the work of John Dewey, Roscoe Pound and Louis Brandeis. One of
the prime concerns was the Lochner era decisions of the US Supreme Court to strike down legislation
passed by state governments and the Federal government for social and economic improvement, such
as the eight-hour day or the right to join a trade union. After the First World War, the founding
document of the International Labour Organization took up the same terminology in its preamble,
stating that "peace can be established only if it is based on social justice". From this point, the discussion
of social justice entered into mainstream legal and academic discourse.

7
CONCEPT OF SOCIAL JUSTICE
After the Renaissance and Reformation, the modern concept of social justice, as developing
human potential, began to emerge through the work of a series of authors. Baruch Spinoza in
On the Improvement of the Understanding (1677) contended that the one true aim of life
should be to acquire "a human character much more stable than [one's] own", and to achieve
this "pitch of perfection... The chief good is that he should arrive, together with other
individuals if possible, at the possession of the aforesaid character." During the enlightenment
and responding to the French and American Revolutions, Thomas Paine similarly wrote in The
Rights of Man (1792) society should give "genius a fair and universal chance" and so "the
construction of government ought to be such as to bring forward... all that extent of capacity
which never fails to appear in revolutions."

Social justice has been traditionally credited to be coined by Jesuit priest Luigi Taparelli in the
1840s, but the expression is older

Although there is no certainty about the first use of the term "social justice", but early sources
points out to the Europe in the 18th century. Some references to the use of the expression are
in articles of journals aligned with the spirit of the Enlightenment, in which social justice is
described as an obligation of the monarch; also the term is present in books written by Catholic
Italian theologians, notably members of the Society of Jesus.

The usage of the term started to become more frequent by Catholic thinkers from the 1840s,
including the Jesuit Luigi Taparelli in Civiltà Cattolica, based on the work of St. Thomas Aquinas.
He argued that rival capitalist and socialist theories, based on subjective Cartesian thinking,
undermined the unity of society present in Thomistic metaphysics as neither were sufficiently
concerned with moral philosophy. Writing in 1861, the influential British philosopher and
economist, John Stuart Mill stated in Utilitarianism his view that "Society should treat all

8
equally well who have deserved equally well of it, that is, who have deserved equally well
absolutely. This is the highest abstract standard of social and distributive justice; towards which
all institutions, and the efforts of all virtuous citizens, should be made in the utmost degree to
converge."

In the later 19th and early 20th century, social justice became an important theme in American
political and legal philosophy, particularly in the work of John Dewey, Roscoe Pound and Louis
Brandeis. One of the prime concerns was the Lochner era decisions of the US Supreme Court to
strike down legislation passed by state governments and the Federal government for social and
economic improvement, such as the eight-hour day or the right to join a trade union. After the
First World War, the founding document of the International Labor Organization took up the
same terminology in its preamble, stating that "peace can be established only if it is based on
social justice". From this point, the discussion of social justice entered into mainstream legal
and academic discourse.

9
THE CONDITIONS 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
labourers 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.

Hence the most exploited are the people belonging to the minorities or to lower caste as is
considered by the society at large. They are unable to receive the appropriate resources which
results in lack of their proper education, awareness and development, which further make
them to lead an underdeveloped life, and hence the cycle of exploitation does not come to an
end.

10
CHALLENGES IN SOCIAL JUSTICE
After many years of independence, many 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 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 labour, tribals and those affected by environmental pollution also form the agenda of
social justice. And these are India’s most critical problems. These are at the root of much of the

11
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’ doesn’t 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. 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. 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.

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

12
the most legitimate indicator of the overall levels of equality and inequality. Gap between rich
and poor is wider in our country. 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 suppose 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. 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.

Tribals: Tribals are the worst victims of economic poverty. They have been traditionally fed on
natural resources but this also has declined with an increasing pace of industrialization and
urbanization as 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 gets the main benefits. 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.

13
Backward Castes: Backward castes population is more than any other group but they are a most
divided lot. 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 economicsetup. Even able women are not
in a position to get the returns they deserve. This generates 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 by product of this mentality. In present times, Muslim women are the worst sufferers
due to increasing fundamental tendency. For overall growth of the nation, women will have to
be integrated into social, educational and political system.

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 turn over of millions and billions but farmer owning hundred
acres of land can not afford to lead the life a small businessman and government servant can
do. We should modernize rural India as well so that the children of rural areas also avail the
same opportunities.

Labourers: Whatever production was done by thousands of labourers in the past, now it is
being done by few labourers so that the profits of businessman go up. We should not oppose
hi-tech and mechanization but is in favour of those industries and services who absorb more
people. These days businessmen are employing labourers on contract basis and this has
unleashed more exploitation. Recently, Supreme Court pronounced a judgment which curtails

14
the freedom of agitation and struggle of employees and labourers. The higher judiciary is
favouring 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.

15
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.

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,

16
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 citizen's right to work, to education & 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 & for
maternity relief.

Article 43 holds before the working population the ideal of the living wage.

Article 45 provisions for early childhood care and education to children below 6 years of age.

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
favour 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 and 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.

17
INDIAN JUDICIARY'S
INTERPRETATION OF SOCIAL
JUSTICE
In Oriental Insurance Co. Ltd. v/s Hansrajbai V. Kodala1 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 India2 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 the case of Randhir Singh v. Union of India3, Supreme court held that the principle of equal
pay for equal work is a constitutional goal and therefore, capable of enforcement through
constitutional remedies under Article 32 of the Constitution.

In the case of M.C. Mehta v. State of Tamil Nadu4, it was held that children below the age of 14
should not be allowed in hazardous work.

1
(2001) 5 SCC 175.
2
(2000) 6 SCC.
3
AIR 1982 SC 879.
4
(1996) 6 SCC 756.

18
In State of Haryana v. Rajpal Sharma5, it was held that the teachers of privately managed
schools are entitled to same salary and allowances as is paid to teachers in Government
schools.

In Madhu Kishwar v. State of Bihar6, it was held that after the death of the last male
descendants in an agricultural family, the dependent female family members have the
constitutional remedy to hold the land so that they may not remain destitute.

In Nirmal Singh v. State of Punjab7, it was held that fair trial and fair investigation are an
important part of constitution.

In Superintending Engineer, Public Health, U.T. Chandigarh v/s Kuldeep Singh8 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.9 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 India10 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."

5
AIR 1997 SC 449.
6
AIR 1996 5 SCC 125.
7
1995(3) RCR(Crl.) 750 (SC) : AIR 1996 Supreme Court 372.
8
1997 AIR 2133.
9
1995 (70) FLR 89.
10
(1995) 3 SCC 42.

19
CONCLUSION
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.

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 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 programme” 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.

20
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.

21
BIBLIOGRAPHY
WEBSITES

 www.google.com
 en.wikipedia.org
 www.legalservicesindia.com

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