The best brains of the world in the field of sociology, law and jurisprudence have tried to define social justice in their own way. The result is that the term has come to assume varied interpretations. To Plato, justice in society was to be attained by ‘a division of labour according to natural aptitudes’. He held that three qualities are found in individuals in society viz., wisdom, courage and temperance; and every individual in society should perform his duties according to his innate quality. Thus Platonic justice consists in ‘the will to concentrate on one’s own sphere of duty, and not to meddle with the sphere of others; and its habitation, therefore, is in the heart of every citizen who does his duty in his appointed place’. If the ‘producers’ of the community attempt to intervene in the affairs of the ‘ruling classes’ (whom Plato calls the Auxiliaries and Guardians of public service), then nothing but confusion can result which will be an example of injustice in society (Republic). But how was an individual to find his station or position in society? The individual was left guessing and usually the accident of his birth decided his place in society. This problem of determinism makes Plato’s definition of Justice rather undependable in practice and hence unsatisfactory.

The ancient Hindus also tried to solve the problem of social justice by-dividing the society into four varnas: Brahmana, Kshatriya, Vaishya and Sudras based on division of duties and occupations, and like Plato, Manu said, in general, ‘it is better to discharge one’s own dharma incompletely or imperfectly (Vigunah) than to perform completely that of another (na parakyanh Sivanushthitah)’. Later on varna came to be determined by birth and heredity, and the result was the caste system. The Platonic concept of justice and Hindu caste system might have created social justice in society where population was thin and life was simple. It is unsuited to the present day problems. The concept of justice is dynamic, as society itself is dynamic. What our forefathers considered just, we might consider unjust. For offences for which people were hanged in the past, we impose a lenient fine today. Aristotle justified slavery; Americans fought a war to do away with it. Social justice is relative, its standards are highly variable with time and place but ‘life without some principle of Justice has never been lived and is not livable’.

In modern times, man as the measure of all things has come to occupy the most important position in any concept of social justice in modern democracies. In democracy, the individual is treated as an end in himself, and any concept of social justice must be based on this basic principle. Social Justice means that every individual is given full opportunities to develop his capacities and this opportunity is given to maximum number of persons in society. The creation of social justice means the creation of an environment in which every individual has got unreserved and unhindered opportunity for physical and intellectual development. In removing disabilities arising from caste, sex, race, colour, creed, religion or nationality, and providing opportunities in a positive way with a view to developing individual faculties lies the essence of social justice.

Social Justice in India

To begin with, let us turn to the Preamble of the Indian constitution which stands for ‘Justice, social, economic and political’. The constitution framers wanted social justice in a comprehensive sense. Let us analyse the implications of economic, political and social justice in the context of India.

Economic Aspects

In the constitution the basic objectives of justice were set forth as “The Directive Principles of State Policy’ which stated that ‘The state shall strive 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.’
Further that:–

‘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 of livelihood
(b) That the ownership and control of the material resources of the community are so distributed as best to 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.’

Thus the concept of social justice on the economic side demands a guarantee of:

• Work to every able bodied citizen.

• Satisfaction of basic needs of every individual and

• Provision of equal opportunity to every citizen to develop his potential.

The disparities in income should not be such as to create an unbridgeable gulf between the rich and the poor leading to conflicts and unrest. To achieve economic Justice, the government in India has adopted a socialist pattern of society as its goal, and it is practicing planned development of the economy of the country. The basic premise in India’s Five Year Plans is that, through democracy and widespread public participation, development along socialist lines will secure rapid economic growth and expansion of employment, reduction of disparities in income and wealth, prevention of concentration of economic power, and creation of the values and attitudes of a free and equal society. However, in spite of years of planning, even the minimum economic requirements of social justice have not been achieved in India. Millions of able bodied citizens are unemployed, millions are living in miserable conditions, suffering hunger and semi-starvation; the gulf between the rich and the poor is widening. Prices are rising higher and higher, and a large percentage of the population finds it difficult to make ends meet.

Political Aspect

In the field of politics, justice means: equality before law, enjoyment of civil liberties and equality of opportunity. One may emphasize here the following in particular:
(1) The state should not distinguish between citizen and citizen on the basis of sex, creed, colour, caste, or religion.
(2) The state should not give any preferential treatment on the basis of religion.
(3) Rule of law with independent and impartial judiciary as a protector of fundamental rights should be guaranteed.
(4) Basic freedoms like freedom of speech, expression, criticism, freedom to hold meetings and organize parties, freedom of the press etc.; should be guaranteed.

Freedom is the corner stone of any concept of justice. Closed societies, which deny freedom to individuals, also deny social justice. The concept of social justice prevails in real democracies or open societies because they treat man as an end and provide him freedom to develop his personality. No doubt we have all the ingredients of social justice in its political aspect, but many find the wide powers of the executive, e.g. Emergency Proclamation a threat to freedom. Further, the Preventive Detention Act is the greatest danger to individual liberty in India.

Social Aspects

Every individual in society should feel that he/she is an important and useful member, that he/she has full opportunities to develop his/her faculties, that there are no disabilities attached by birth, and that he/she is not subjected to discrimination on the basis of sex, colour, creed, caste or religion. Unfortunately in India there are sections of society which are denied social justice either on the basis of sex, or birth or religion. Scheduled Castes and Scheduled Tribes have been suffering great social injustices and disabilities by birth. They are condemned to a position of inferiority and subordination to the higher castes. Our social heritage is partly responsible for this unfortunate phenomenon, but it is also our fault that we have not changed with the changing times. Caste system continues to be oppressively hierarchical in many parts of the country, despite constitutional safeguards and laws against it.

Another important section of society which has suffered a great deal of social injustice in India is women. This again is both due to our social traditions and due to our resistance to change. It is heartening to note, however, that the conscience of India has already awakened to this aspect of social injustice and it is on the way out gradually.
Another hindrance in the way of achieving social justice in India is the wrong interpretation of fate and Karma. People think that their position in society is pre-determined by their past actions. If they are poor or treated badly by society , they blame it on their past sins and bad actions rather than fighting injustice and making efforts to improve their lot. This attitude needs to be changed in order to create a proper climate and atmosphere for achieving social justice.

To sum up, if we want to ensure social justice in the country in its totality, that is on the economic, political as well as social fronts, the government and the society at large would need to work together. Economic planning, industrialization, urbanization, just distribution of economic benefits and rewards, state legislation on social matters etc. will only partially solve the problem of social justice. These remedies by themselves cannot guarantee ‘the highest possible development of persons’ which is-the goal of social justice. Change in social values, social attitudes and social institutions is fundamental for achieving social justice. If people continue to remain under the influence of old traditions and beliefs, no amount of equitable distribution of resources will be successful in creating a right atmosphere for social justice. The basic thing is education. Change should begin within. Education should create a spirit of enquiry in the minds of the people. It should create a power of questioning the validity of social traditions and social institutions. Education should encourage inquisitiveness expressing itself in such questions ‘why should this social value be observed?’ In this way a climate will be created in which we can achieve social justice. We need education that does not blindly pass on traditional beliefs, but one that views it critically and selects from it, rejecting that which is obviously retrograde. A scientific system of education which creates healthy skepticism in the minds of the people, and which gives pride of place to ‘reason’ and rational thinking is the only road to salvation.

Education is an index of harmonious development. It becomes more important to persons with disabilities for their development and for enjoying life as independently as possible. There may be differences in individual ability but each individual contributes to society. Education as a tool empowers the individual to contribute positively in the process of development of society and nation. Therefore, it is a social responsibility to ensure full development of all types of individuals in order to ensure efficient use of their abilities. Disabled children are often excluded from education as a result of society’s lack of knowledge about impairments in general, and the negative attitudes and stigma attached to them. Social prejudices assume that children with learning, speech, physical, cognitive, or sensory impairments are unable to participate in education. The purpose of education is to enable a child to learn, develop their innate capabilities fully and participate meaningfully in the progress of society. Education plays a critical role in promoting children’s development and in preparing them for adult life as active participants in the local community and society, more so for a child who is differently abled.
Persons with disabilities have a right to lead lives of dignity and self-respect. They can enjoy their rights only if they get adequate opportunity to pursue their education in a wholesome way that leads to the realization of their self worth and ability, and their acceptance and respect by society. For this goal to be realized, it is essential that their education is not imparted in an atmosphere of exclusion – rather, a wholesome, inclusive education is the only means for achieving such an end.

Inclusive education is where children with special needs are educated along with other children. This is based on the philosophy that all children can learn at some level according to their own individual pattern of development. It encourages children to accept, appreciate and respect differences in ability. An inclusive education system is committed to meet the needs of all children. It seeks to fit the education system to the child’s needs. Schools must change in order to accommodate student diversity, so that there is no need to segregate some because they might have different needs or abilities. Inclusive education is an approach that seeks to meet the learning and schooling needs of everyone. The inclusion of children with special needs in mainstream society is a matter of social justice and an essential investment in the future of society. It is an integral element of the expression and realization of universal human rights. Following are the some International and National initiatives to promote inclusive education, without which goal of universalization of elementary education or education for all cannot be achieved.

International Conventions regarding education of children with special needs

• The right to education has been recognized in several international instruments. The concept of human rights for disabled persons began to become more accepted internationally in the 1970s. Article 26 of the Universal Declaration of the Human Rights (1948) states that ‘education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedom. It shall promote understanding, tolerance and friendship among all nations, social or religious groups and shall further the activities of the United Nations for the maintenance of peace. The following are some declarations in this regard:
• The Declaration of the Rights of Mentally Retarded Persons, (1971)
• The Declaration of the Rights of the Disabled Persons (1975)
• Warnock Committee Report (1978)
• IYDP- National Draft Plan for Education of Handicapped (1981)
• World programme of Action Concerning Disabled Persons(1982)
• Decade for Disabled Persons (1983-1992)
• The Asian & Pacific Decade of the Disabled (1993-2002)
• UN Convention on The Rights Of The Child (1989)
• The Jomtien World Declaration on Education for All (1990)
• UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993)
• The Vienna Declaration (1993)
• Salamanca Statement and Frame work For Action (1994)
• Biwako Millennium Framework for Action (2002)
• World Education Forum (Dakar, 2000)
• Beijing Declaration of the Rights of People with Disabilities (2000)
• International Convention on the Rights of Persons with Disabilities(2006)
Together, these documents recognize that inclusive education is a human right of every child.

National Instruments to ensure education of children with special needs

Following Articles of the Indian Constitution, reflect the commitment to provide education to all, including children with special needs.

Article 15 The state shall not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth or any of them.
Article 21A provides for free and compulsory education to children in the 6-14 age groups as a Fundamental Right in the Constitution of India. Consequent to this insertion the existing Art 45 in the Directive Principles was replaced and made applicable to children in the 0-6 age group.
Article 29(2) Provides that no citizen shall be denied admission into any Educational Institution maintained by the state.
Article 41 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 wants.
Article 45- Directs the state to provide free and compulsory education for all the children until they attain age of 14 years.
Article 46- shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes.

Our constitutional commitments have been reflected through various commissions of education appointed at different points of time.

1. Indian Education Commission (1964-66)
2. National Policy for Children (1974)
3. National Policy on Education (NPE) (1986)
4. Behr-ul-Islam Committee (1987)
5. Ramamurthy Committee (1991)
6. Program of Action (POA) (1992)
7. Following are the legislations in this regard
8. Rehabilitation Council of India Act (RCI -1992)
9. Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act (1995)
10. National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities (1999)
11. National Curriculum Framework (NCF-2005)
12. Action Plan for Inclusive Education of Children and Youth with Disabilities ( 2005)
13. National policies on Disabilities (2006)

Schemes Run by Government of India:

1. Integrated Education of Disabled Children (IEDC-1974)
2. Project Integrated Education for the Disabled (PIED- 1987)
3. District Primary Education Programme (DPEP-1994)
4. National Handicapped Finance and Development Corporation (NHFDC-1997) Scheme of Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP) Scheme
5. Sarva Shiksha Abhiyan (Education For all Campaign)(2000-2001)
National Institutes for Disabled Persons in India: Government of India- has set up the following national institutes to provide comprehensive services to children with special needs
1. National Institute for the Visually Handicapped (NIVH), Dehradun.
2. National Institute for Orthopedically Handicapped (NIOH), Calcutta.
3. National Institute for Rehabilitation Training and Research (NIRTAR), Olatur, Cuttack.
4. Pandit deen Dayal Upadhyay National Institute for the Physically Handicapped (IPH) New Delhi.
5. Ali Yavar Jung National Institute for the Hearing Handicapped (AYJNIHH), Mumbai.
6. National Institute for the Mentally Handicapped (NIMH), Secunderabad.
7. National Institute for the Empowerment of Persons with Multiple Disabilities.
Though several international and national initiatives have already been taken but we are still very far from achieving the goal of “education for all” . The attainment of this goal cannot be considered complete till we are able to provide an inclusive education to the disabled.

JUDICIARY AND SOCIAL JUSTICE

Justice is concerned mainly with allocation of benefits, goods and services as well as burden among the members of society, particularly in scarce situation. Therefore, the term social justice, implies a reordering of social life in such a manner that the material and moral benefits of social effort are not cornered by a tiny privileged class but accrue to the masses to ensure the uplift of the lower, weaker and underprivileged sections. This involves a logical synthesis of liberty, equality and fraternity.
Our constitution elaborately deals with such process under Part IV i.e. Directive Principles of State Policy (DPSP). The DPSP strengthen and promote the concept of social justice by seeking to lay down some socio-economic goals which the various governments in India have to strive to achieve. But Article 37 makes DPSP non-enforceable by court of law. However, our judiciary has left no stone unturned to enforce DPSP and invented new ways, wherever needed, to enforce it. Wherever the Executive failed in enforcing DPSP, the Judiciary stepped in. The advent of Public Interest Litigation (PIL) jurisdiction under Article 32 coupled with liberal interpretation of various Articles like Art. 14,19,21,32 and 226 etc. has ushered in a new era in modern India, where Judiciary is not only seen as guardian of the Constitution but also as guardian of poor and marginalized sections of society.

In Consumer Education & Research Centre v. Union of India AIR 1995, Honorable Supreme Court elaborated on the theme of social justice envisioned in the Preamble to the Constitution and Part IV. The Court held that social justice is the arch of the Constitution which ensures life to be meaningful and liveable with human dignity. Social justice is a dynamic device to mitigate the suffering of poor, weak, dalits, and tribals and the deprived sections of the society and to elevate them to the level of equality to live a life of dignity. The aim of social justice is to attain substantial degree of social, economic and political equality.
The impact of the liberal approach on Fundamental Rights has been remarkable for social justice over a period of time. This is demonstrated in many ways. One, the Supreme Court has given an extended meaning to Art.142 (power to do complete justice) giving an extension to its own powers to give relief. Two, Supreme Court has been expanding the horizons of Art.12 (meaning of ‘state’) primarily to inject respect for human rights and social conscience in India’s corporate structure. Third, the idea that “Fundamental Rights are but a means to achieve the goals indicated in the Directive Principles” and must be construed in the light of the same has been advocated by the Supreme Court time and again. The biggest beneficiary of this approach has been Art. 21. By reading Art. 21 with the DPSP, the Supreme Court has derived therefrom a bundle of rights. To name a few of these:

• The right to live with human dignity. (Bandhua Mukti Morcha v. Union of India AIR 1984)
• Right to free legal aid. (M.H Hoskot v. State of Maharashtra AIR 1978)
1. Right to life includes the right to enjoy pollution free water and air and environment (Subhash Kumar v. State of Bihar AIR1991)
2. Right to health and social justice has been held to fundamental right of workers. This right has been derived from Art. 21 read with Art 39(e), 41, 43 and 48A. (Consumer Education v. Union of India AIR1995).
3. Right to Shelter included in Right to life. (Chameli singh v. State of UP AIR 1996).
4. Right to Education. Derived from Art. 21 read with Art. 41 & 45 (Unnikrishnan v. State of A.P AIR 1993)
5. Right to life includes “right to livelihood”. The Supreme Court has taken recourse to Art. 39(a) to interpret Art. 21 to include this right. (Olga Tellis v. Bombay Municipal Corporation)
6. Right to access roads for hilly areas. (State of Himachal Pradesh v. Umed Ram AIR 1986)
These are a few examples of various rights intricately connected with the mandate of social justice, which our Judiciary has evolved and invoked. In brief, read with various Directive Principles, Art. 21 has emerged as a multi-dimensional Fundamental Right. Art. 14 and Art. 39(d), read together, have led to the emergence of the principle of equal pay for equal work.
Further, the DPSP are now regarded as a dependable index of ‘public purpose’ by our judiciary. If a law is enacted to implement the socio-economic policy envisaged in the DPSP, then it must be regarded as one for public purpose. Thus, the Wealth Tax Act was held to be valid by Supreme Court to prevent concentration of wealth in a few hands. Likewise, acquisition of agricultural land above the ceiling and its distribution among the landless has been held to be valid. Similarly, Supreme Court recognized the difference between the formal and substantive equality and upheld, in various cases, affirmative actions taken by governments for Backward Classes.

In recent decisions of Supreme Court, one can find extensive reference to Human rights. “Today, human rights jurisprudence in India has Constitutional status”, says Krishna Iyer, J., in Sunil Batra (no. 2) v. Delhi Administration, AIR 980 SC 1579. In Prem Shankar v. Delhi Administration AIR 1982 SC149, Krishna Iyer, J., said that in interpreting constitutional and statutory provisions the Court should not forget the core principle found in Universal Declaration of Human Rights, 1948. This is a welcome trend. This approach will go a long way in inculcating a sense of accountability in public authorities discharging public duties towards the people and particularly towards the weaker sections of society. In this way, our Judiciary has played a key role in enforcing social justice and made our legal system more accessible and responsive to the diverse needs of various sections of society.

Courtesy: Ministry of Information and Broadcasting publication division