Introduction
Along with liberty, equality and fraternity, justice is the cornerstone of the Indian constitution. Only in a society permeated by justice, one can expect the enjoyment of liberty, equality and fraternity. Thus, justice presupposes the booming democracy. No justice can thrive in a set-up which is guided by dictatorship.
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| The Supreme Court inaugurated : Lady of Justice without blindfold with scale in her right hand and constitution of India in the left hand |
Definition-
1.According to Plato, Justice is to establish harmony where rulers, warriors and producers (farmers and artisans) perform its designated function without interfering with others.
2.According to Kautilya, Justice meant protecting citizens, maintaining order by enforcing proportionate punishment and ensuring King’s responsibility to uphold Dharma for the welfare of the state and society.
3. According to Aristotle, Justice has two components - distributive justice, whereby fair distribution of resources is carried out and corrective justice where wrongs are rectified. He stressed upon equality and fairness.
4.According to John Rawls, Justice is achieved when society ensures fairness specially for the most vulnerable.
5. According to Thomas Hobbes, Justice is achieved when a social contract is made for the preservation of peace and order with the sovereign for enforcing justice.
6. According to Karl Marx, Justice can be achieved when a classless society is established through class struggle, where inequality is eradicated.
7. According to John Stuart Mill, Justice is essential to the principle of utility where the aim is the greatest happiness of the greatest number.
8.According to Amartya Sen, Justice means improvement of people's actual life by enhancing people’s freedom and capabilities.
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Provision of justice in Indian Constitution
1.Preamble - The Preamble consists of three types of justice - social, economic and political.
Social justice means 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 sections of the society. It also means improvement in the conditions of scheduled castes, scheduled tribes, and other backward classes.
Economic Justice means non-discrimination between people on the basis of economic factors. It means elimination of glaring inequality in wealth, income and property.
Political justice means all citizens should have equal political rights, equal access to all political offices and equal voice in the Government.
2.Fundamental Rights -
Article 14 ensures the right to equality before law and equal protection from law.
Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.
Article 16 guarantees equality of opportunity in public employment, ensuring that every citizen has the equal chance.
Article 17 abolishes all kinds of untouchability.
Article 18 abolishes all kinds of titles, except those titles given on the merit.
Article 19 provides freedom such as the right to free speech and expression, assembly, association, movement, residence and profession.
Article 20 provides no ex post facto law. It means no person shall be convicted of any offence except for violation for law in force at the time of the commission of the act. No double jeopardy which means no person should be persecuted and punished for the same offence for more than once. No self-incrimination which means no person accused of any offence shall be compelled to be a witness against himself.
Article 21 guarantees the right to life and personal liberty. The Supreme Court has enlarged the scope of this article to include right to live with human dignity, right to decent environment, right to livelihood, right to shelter, right to health, right to free education up to 14 years of age , right to free legal aid, right against handcuffing, right to speedy trial, right against inhuman treatment, right against bonded labour, right against custodial harassment, right to emergency medical aid, right to fair trial, right to family pension, right to marry a person of one’s choice, right to privacy etc.
Article 22 provides protection against arrest and detention, right to be informed on the grounds of arrest and access to legal representation.
Article 23 prohibits trafficking in human beings and forced labour.
Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work of railway.
3.Directive Principles of State Policy
Article 38 promotes the welfare of the people by securing social economic and political justice and to minimise inequality income status, facilities and opportunities.
Article 39 secures -
(a) the right to adequate means of livelihood for all the citizens
(b) Equitable distribution of material resources of the community for the common good.
(c) Prevention of concentration of wealth and means of production
(d) Equal pay for equal work for men and women
(e) Preservation of health and strength of workers and children against the forceable abuse.
(f) Opportunity for healthy development of children and protection of childhood and youth against exploitation and against moral and material abandonment.
Article 39 (A) promotes equal justice and provides free legal aid to the poor.
Article 41 secures the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement.
Article 42 makes provision for just and humane conditions of work and maternity relief.
Article 43 secures a living wage, a decent standard of life, social and cultural opportunities for all workers.
Article 43 A secures the participation of workers in the management of industries.
Article 47 raises the level of nutrition and standard of living of people and improves public health.
Article 46 promotes the educational and economic interest of SC,ST and other weaker sections of the society and to protect them from social injustice and exploitation.
Article 45 provides early childhood care and education for all children until they complete the age of six years.
Article 48 organises agriculture and animal husbandry on modern and scientific lines.
4.Judicial review - The constitution of India authorises the higher judiciary like Supreme Court and High Courts to declare any law passed by Parliament or state legislatures null and void if that law contravenes the provisions of constitution. Thus, the Supreme Court of India struck down a number of laws passed by the Parliament. Recently, the Supreme Court upheld the classification of scheduled castes and scheduled tribes for reservation to provide reservation benefits to marginalised groups within these castes and tribes.
5. Public Interest Litigation - It allows individuals or groups to approach the judiciary to seek legal remedies for public issues, providing an effective means for the poor or marginalised to access justice. Thus, the provision of locus standi was removed so that public issues may be raised in the Supreme Court and High Courts.
6.Legal Aid and Free Justice - The Legal Services Authority Act,1987, formalises the provision of free legal aid to unprivileged sections, reinforcing the constitutional directives under article 39 A.
Achievements of Justice in India since Independence
1. India successfully conducted 18 elections since independence and thus strengthened democratic set-up by giving reservation to scheduled castes and scheduled tribes in Parliament. By the 73rd and 74th amendments, democratic decentralisation was carried out at the district and down to the village level. 33% reservation to women was provided in these local bodies. Some states like Bihar reserved 50% reservation for women. Similarly, reservation to SCs and STs was provided in these local bodies commensurate with their population.
2. India achieved self-sufficiency in food production by the introduction of the Green Revolution. It has become the fastest growing economy in the world. It has made efforts for economic inclusion by launching welfare schemes like MGNREGA ,Pradhan Mantri Jan Dhan Yojana, and Pradhan Mantri Mudra Yojana. Almost all states have passed land reforms whereby intermediaries like zamindars, jagirdars were abolished. By tenancy reforms, security of tenure and fair rent were ensured. Surplus lands of more than 60 lakh hectares were distributed among landless and marginalised farmers. The maternity benefits Act 1961, and Equal Remuneration Act, 1976 have been made to protect the interest of women workers. The Nationalisation of 21 banks and abolition of privy purses were made to promote common good.
3.Social justice has been achieved by making untouchability a crime. The SC, ST Atrocities Prevention Act, 1989 further strengthened the position of these communities. Legal reforms with regard to marriage inheritance and workplace harassment have been carried out.
Challenges
1.In spite of the great progress made by India since independence, political corruption, criminalisation of politics, muscle power in the election are on the rise. There is a lesser representation of women in Parliament. Even Pakistan has better women's presentations in Parliament than in India. Similarly, political participation of marginalised groups and women is very much limited in the higher level of governance.
2. In spite of being the fifth largest economy of the world in nominal GDP, India has become the most unequal society in the world. Only 1% people from the top have captured 22% of the national income and 40% of the wealth of India. The informal sector which produces 92% of the employment suffers from low wages, insecurity of jobs and unhygienic conditions of the workplace. India ranks 108th out of 193 countries in 2022 in the gender inequality index. The labour force participation for women is at 28.3 % which is very low when compared with China, Japan and South Korea.
3. The caste based discrimination is still prevalent in rural areas. Work force participation for women is still low due to gender bias. The minority communities suffer from inadequate representation and frequent communal flare up.
Conclusion
1.To sum up, justice in India can be achieved and would be provided to millions of people by adopting inclusive growth, ensuring the economic growth benefits to all sections of the society. This would be ensured by reducing inequality, eradicating poverty, creating employment opportunities, improving social cohesion, reducing gender gap and by achieving sustainable development goals.
