Saturday 16 May 2020

SOCIAL JUSTICE-Nandini Srivastava


Social justice like any other form of justice is essential for the development of the country. Social justice can be compared to rain that is if social justice is achieved then beautiful aroma of economic and political justice will naturally follow. The word “social” means every individual living in the society and “justice” refers to protecting the rights of the individual and punishing the wrong doers[1]. Thus, social justice can be elucidated as ending all kind of social inequalities and providing equal opportunities to everyone irrespective of their caste, religion, sex, colour etc.[2]
In ancient times, the concept of Dandaniti and Dharma was practiced. People used to link justice with the duties mentioned in the dharma and were expected to perform the duties mentioned in the dharma devotional. Any individual failing to comply or perform the said duty was punished. Hindu dharma conceptualised the system of Varna where people according to their birth were categorised into the groups of Brahmans, Kshatriyas, Vaishyas and Shudras. There was another group of people as well called Untouchables. They were the one who were either out casted or whose caste cannot be determined. Brahmins were the priest and teachers who read and interpreted dharma. Kshatriya looked after day to day governance system whereas Vaishyas were the skilled merchants, farmers, sellers. At the bottom were the Shudras and the untouchables who used to do menial work like sweeping, manual scavenging etc.This social hierarchy created a bifurcation of haves and haves not. On one side Brahminswere regarded as god by the entire population and on the other sideuntouchables were treated as animals whose existence will only pollute the earth. Untouchables were not allowed to enter temples or schools. They had different living space along with different well for taking water for any purpose. They had no proper sanitation system and the area where they lived was often unclean and unhygienic. Fa -Xian, a Chinese in his book wrote about the social system of India emphasising on the intensity of discrimination and hardship that untouchables faced and mentioned that untouchables are considered so contaminated that when they leave their houses in evening or night, they have to continuously clap their hands to warn people of upper caste about the existence so that the upper caste people can avoid their view and save themselves from contamination.
This water tight social categorisation created gap between the various castes of Hindu religion. Among the unprivileged group was also DR. Bhimrao Ramji Ambedkar, the Chairman of our Constituent Assembly. He was very much influenced by Jean Jacque Rousseau ideology of “Man is born free but everywhere he is chains” and considered social inequalities nothing but a chain which hampers the growth of a person.He always intended social equality and human rights as he was also victim of cruelty by Hindu fundamentalist in his childhood and thus devotionally worked his time on the earth for the advancement of deprived classes. B.R Ambedkar in his Mook Nayak magazine wrote about caste inequalities and how he feels that caste system in Hinduism is like a tower with no entrance and exit as the people born in upper caste gets all the privilieges even if they do not deserve it and the people born in lower caste even after being deserving does not by any means get the chance to reach to the position of the upper caste. He did not also actually believed in religious scriptures because on  the scriptures on the one side it says that all living and non- living forms are creation of the same god but on the other side says to treat some group of people in such a degrading way or like animals.
Dr. B.R Ambedkar gave many inspiring speeches, did social movements, published various magazines which focused specially on the topic of caste and drafted the constitution in such a way which help people of lower caste to get certain rights and privileges which helps them get included in the mainstream of the population but despite of many efforts by B.R. Ambedkar and leaders like Mohandas Karamchand Gandhi, India is still struggling with the issue of discrimination on the basis of caste. As B.R. Ambedkar in one of his speech told that no British Government can solve the problem of inequality that we suffer. It is “we”, Indians who can solve this problem by establishing a government which is not afraid to amend the social as well as the cultural codes and Sawarj Constitution can henceforth provide us the political power to bring relief to the people[3]. There are various legal frameworks adopted to counter this problem. Article 14 of the Indian Constitution mentions that state shall provide equality before law and equal protection of law to its citizen. Article 15(1) prohibits discrimination on the basis of religion, race, caste, sex, place of birth or any of them and 15(2) states that no person on the above mentioned grounds will be subjected to any liability, restriction or condition with regards to access to shops, restaurants, hotels and places of public entertainment or use of wells, tanks, roads, bathing ghats and places owned wholly or partly by the state fund for the use of public. This Article also specifies that nothing shall prevent the state from make any special provision for the advancement of any socially and educationally backward classes of the citizen or for the schedule caste and the schedule tribe.Article 16 prescribes that no person on the basis of caste, religion, sex, descent, place of birth, residence or any one of them be subjected to any form of discrimination in matter of employment of employment or office under the state and the Parliament can make special provisions for the advancement of social and educationally backward people or for the schedule caste and the schedule tribe. An independent provision is also embedded in the Indian Constitution for the abolishment of the practice of untouchability that is Article 17. Article 25(2) provides for the opening of temples for the Harijans. Many schemes have also been introduced by the Government to create social and economic conditions for this category of people in order to compensate them of what they had been deprived earlier and to bring them in the same position like others. Schemes like;
·  Free coaching for SC and OBC students which help them to appear in competitive examination and get appropriate job in private or public sector.
·  Babu Jagjivan Ram Chhatrawas Yojna aimed to create hostel facilities for students belonging to schedule caste especially girls as it one of the means to achieve quality education. [4]
Their no doubt that government and non- governmental organizations are working hard to eliminate discrimination and create a social structure based on equality. Independent Act like Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 has also been enacted and implemented to curtail this discrimination but still practices like this exist in our country and many criminals acts are also based on this. One of cases of this that were widely reported in India and overseas was of 2 teenage Dalit girls who were gang raped and murdered in the Badua district of Uttar Pradesh in the year 2014.  Cases like these are very common against people of lower caste. As per the analysis of the report of National Crime Records Bureau (NCRB), 2016 crime against Dalit has increased by 25% from 16.3% from 2006. This increase in crime is handicapping the growth of the country and is highlighting to every foreign state the inability of India to provide what is the essence of the constitution and is explicitly mentioned in the preamble that is “Justice” and “Socialism”.

CONCLUSION
Caste system is one of the hindrances in the establishment of an egalitarian society. It is not possible to fully abolish caste system but more efforts should be done to bring each and every caste in same position or in the position where they are no longer in situation from where there is no scope of growth or development. As B.R. Ambedkar once mentioned that society is like a boat where each sailor (caste) should protect and not destroy another sailor because if he intends to create problems for the other sailor it will lead to the destruction of the whole society. [5]








[1]Oxford Law Dictionary
[2]Quoted by: C.J P.B Gajendragadkar
[3]Ambedkar BAWS, Vol.2(1982),pp503-06
[4]Ministry of Social Justice and Empowerment
[5]Mook Nayak, Issue 1


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