“Political tyranny is nothing compared to the social tyranny and a reformer who defies society is a more courageous man than a politician who defies Government”. – Dr B.R. Ambedkar

MEANING:

The term ‘Social Justice’ is in itself very comprehensive. The expression is a combination of two words Social and Justice. Eminent Western philosophers of all times have defined Justice differently. Plato restricted his understanding of the term by quoting ‘each one doing his own’ in his book ‘The Republic’ meaning, establishing a rational order, with each part performing its appropriate role and not interfering with the proper functioning of other parts. Aristotle intervened the connotation as what is lawful and fair involving equitable distributions and the correction of what is inequitable. On the other hand, the Oxford English Dictionary defines the expression ‘Social’ as something relating to society and its organization. It can be inferred from the above that Social Justice is a fair distribution of wealth, opportunities and privileges to all the members of society treating them equal in respect of allocation of resources available. 

LIBERTY, EQUALITY, FRATERNITY: 

Observing his 129th birth anniversary on 14th April 2020, Dr. Bhimrao Ramji Ambedkar, popularly known as Babasaheb Ambedkar, renowned Indian jurist, economist, writer, politician and social reformer who dedicated his life to eradicating social inequality in India will always be remembered for his contribution in stabilising not only Indian economy but also working towards the development of Indian society. 

Ancient Hindu society was based on Varnasystem i.e. division of the society into 4 Varnas or castes consisting of The Brahmanas (Priests, teachers and intellectuals), The Kshatriyas (Warriors, Police and Administrators), The Vaishyas (Farmers, Merchants and Entrepreneurs) and The Shudras (Artisans and Workers). The Hindu legal system refused to recognise the basic fundamental right that all humans are born equal. Babasaheb was born on 14th April 1891 in Mhow, Madhya Pradesh. He hailed from the Hindu Mahar caste which was viewed as ‘untouchable’ by the upper class. Ambedkar was brought up in a society where lower caste was considered to be untouchables and downtrodden. He, an untouchable Mahar boy suffered countless calamities as a student, he was forced to sit in a corner aside, not allowed to play games and cricket in order to not mingle with high caste children. Being a victim of unjust and inhuman treatment of the Hindu Varna system, Ambedkar attained higher education and trained himself politically to fight for the rights of the depressed classes and against all sorts of inequalities practised in the society much like African-American reformers such as Martin Luther King Jr. and Fredrick Douglas in the United States. Babasaheb and Mahatma Gandhi were two of the most prominent personalities who protested against the untouchability in India. For Babasaheb, Justice is simply another name for liberty, equality and fraternity and for us, B.R. Ambedkar means a fighter for social justice as well as for human rights. 

“We must stand on our own feet and fight as best as we can for our rights. So carry on your agitation and organise your forces. Power and prestige will come to you through struggle”. – Dr. B.R. Ambedkar

TWO YEARS, ELEVEN MONTHS AND EIGHTEEN DAYS:

On 29th August 1947, the Drafting Committee was formed under the chairmanship of Babasaheb Ambedkar, the Architect of the Indian Constitution who moulded the rights, liberties and duties of the people, for the people and by the people of India to form a structure of the Constitution along with other members of the Committee. The draft of the Constitution was adopted by the Constituent Assembly on 26th November 1949 which is observed as National Law Day in the nation every year. In his last speech to the Constituent Assembly of India, Babasaheb said,

“Bhakti in religion may be a road to the salvation of the soul. But in politics, Bhakti or hero-worship is a sure road to degradation and to eventual dictatorship”.

Keeping in mind the dire need of the country to Justice, Equality, Liberty and Fraternity, Babasaheb encrypted the importance of Social Justice in the Constitution which is reflected in it. The Preamble of the Indian Constitution thus reads as follows:

“…….to secure to all its citizens:

JUSTICE, social, economic and political;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation….”

Babasaheb’s efforts to eradicate social evils were remarkable and that is why he is called the “messiah” of the Dalits and downtrodden in India.

The Magna Carta of the Indian Constitution I.e. the Fundamental Rights are incorporated in Part III of the Constitution to the citizens against the State. The main focus of Babasaheb was on prohibiting discrimination on the grounds of religion, race, caste, sex or place of birth which was embodied in Articles 15, 17, 23 and 24 of the Constitution. He even outlawed untouchability, which always haunted him since childhood, by inserting Article 17 in the Constitution, speaking of ‘Abolition of Untouchability’. The Civil Rights Protection Act, 1965 and the Prevention of Atrocities (Scheduled castes Scheduled tribes) Act, 1989 were further enacted by the Parliament for the protection of Dalit rights on the basis of Article 17 of the Indian Constitution. 

India being a welfare state has enshrined Directive Principles of State Policy in Part IV of the Constitution which provides guidelines to be followed by the State to exterminate social and economic injustice from the society by applying these principles in formulating laws of the country through the violation of these principles is not enforceable in the court of law. 

As per Babasaheb, Directive Principles are nothing but just an Instrument of Instructions. In his own words, “the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.” 

Article 38 of the Constitution concerns the welfare of the people by securing and protecting social order in which justice, social, economic and political, shall inform all the institutions of the national life. It states that the state shall strive to minimize the inequalities of income, status, facilities and opportunities in the society. Accordingly, other Articles of the Directive Principles of State Policy talk about equal justice, free legal aid, equal pay for equal work for both men and women, promotion of educational and economic interests of Scheduled Castes, Schedules Tribes and other weaker sections. 

THE BUDDHA AND HIS DHAMMA:

On 6th December 1956, India lost its gem who contributed 65 years of his life to bring glory to his country. The sad demise of Babasaheb took place right after he completed his last work ‘The Buddha and His Dhamma’, a treatise on Buddha’s life and Buddhism. Babasaheb in his entire life tried to achieve the cherished goal of nationhood. The visionary policymaker left his nation after showing delightful and colourful paths of freedom, liberty, equality and fraternity to the mankind race by indulging humanity amongst all classes of people and guiding his fellow citizens towards a brighter future of the country. India’s first law minister and the Father of the Indian Constitution was bestowed with the highest civilian award of the Republic of India ‘Bharat Ratna’ in the year 1990. 

UNITED NATIONS ON SOCIAL JUSTICE:

Social Justice is not confined as a national theory but is an international notion. As per the United Nations (UN), Social Justice is an underlying principle for peaceful and prosperous coexistence within and among nations. For the United Nations, the pursuit of Social Justice is to promote the development and human dignity. The adoption of Social Justice for a Fair Globalization by the International Labour Organisation (ILO) is one of the recent examples of the UN System’s commitment to social justice. The Declaration focuses on guaranteeing fair outcomes for all, through employment, social protection, social dialogue, and fundamental principles and rights at work. UN in its publication ‘Social Justice in an Open World’ states that in the modern context, those concerned with Social Justice see the general increase in income inequality as unjust, deplorable and alarming. It is argued that poverty reduction and overall improvements in the standard of living are attainable goals that would bring the world closer to Social Justice. On 26th November 2007, the General Assembly declared that 20th February will be celebrated annually as the World Day of Social Justice. It is a matter of pride that on 13th April 2016, UN, for the first time observed Babasaheb’s birth anniversary with a focus on combating inequalities to achieve Sustainable Development Goals. A note circulated by the Indian mission quoted “Fittingly, although it’s a matter of coincidence, one can see the trace of Babasaheb’s radiant vision in the Sustainable Development Goals adopted by the U.N. General Assembly to eliminate poverty, hunger and socio-economic inequality by 2030”. 

EDUCATE, AGITATE, ORGANISE

Author – Ankita Bhargava