Distributive Justice Application in India

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Chapter ± 1

Introduction

³The rules of distributive justice cannot be rules

³The rules of distributive justice cannot be rules for the conduct towards equals, but must be for the conduct towards equals, but must be rules for therules for the conduct of superiors

conduct of superiors towards their subordinates.´towards their subordinates.´ -- FF.A.Hayek .A.Hayek

Distributive justice is concerned with what is right with respect to t

Distributive justice is concerned with what is right with respect to t he allhe allocatocation of goodsion of goods in a society. Allocation of goo

in a society. Allocation of goods takes into thought the total amount ds takes into thought the total amount of goods to beof goods to be handed out, the process on how they in the civilization are going to dispense, and the handed out, the process on how they in the civilization are going to dispense, and the pattern of division. Civilizations have a narrow

pattern of division. Civilizations have a narrow amount of resources and capital. Theamount of resources and capital. The main problem which arises from these is how t

main problem which arises from these is how t he goods are to be ahe goods are to be allllocated oocated or how theyr how they are to be distributed. The simple answer to

are to be distributed. The simple answer to this question is that the people get this question is that the people get a fair share.a fair share. It is often contrasted with the Procedura

It is often contrasted with the Procedural Justice, which is concerned with the processesl Justice, which is concerned with the processes such as in the administration of law.

such as in the administration of law.

Distributive Justice is concerned in giving all the members of the soc

Distributive Justice is concerned in giving all the members of the soc iety a fair share iniety a fair share in the resources available. The main criteria o

the resources available. The main criteria of distribution of the resources are Equity,f distribution of the resources are Equity, Equality and the Need. Equity means that ones rewards are to be given equal to ones Equality and the Need. Equity means that ones rewards are to be given equal to ones contribution to a society. Equality means that

contribution to a society. Equality means that every member of the society gets tevery member of the society gets the samehe same amount of resources regardless of the

amount of resources regardless of the input given. Distribution on the basis of needinput given. Distribution on the basis of need means that those people who need less will be given less and those who are in need of means that those people who need less will be given less and those who are in need of more resources will be given more. D

more resources will be given more. Distributive justiistributive justice is a ce is a very crucial element to thevery crucial element to the stabili

stability of a society and for the ty of a society and for the well-being of iwell-being of its members in that socits members in that society. When theety. When the issues of Distributive Justice are being inadequately addressed and also

issues of Distributive Justice are being inadequately addressed and also if the item whichif the item which is to be distributed are being highly

is to be distributed are being highly valued, then it results in frequent covalued, then it results in frequent co nflinflicts.cts.

Why should people have

Why should people have more than enough resources within their hands whmore than enough resources within their hands wh ile someile some others are struggling to meet theirs? This question has

others are struggling to meet theirs? This question has motivated a very large number of motivated a very large number of political activists. Its quite evident that this question had come to o

political activists. Its quite evident that this question had come to o nes own mind but justnes own mind but just dismissed the question by giving an answer

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help it´. Perhaps, there aren¶t eno

help it´. Perhaps, there aren¶t enough resources to go around and ugh resources to go around and if only things wereif only things were different, then everyone could have that many resources that they wanted.

different, then everyone could have that many resources that they wanted.

Karl Marx beli

Karl Marx believed that the revolution would free up man¶s eved that the revolution would free up man¶s true potential and true potential and then,then, scarcity would never be a pro

scarcity would never be a pro blem to man. Nowadays, resources are in plentblem to man. Nowadays, resources are in plent y and isy and is distributed to ones own need and everyone¶s need is met.

distributed to ones own need and everyone¶s need is met.

Living together in societies benefits for the members o

Living together in societies benefits for the members o f the society but also createsf the society but also creates burdens. Benefits include increased production that so

burdens. Benefits include increased production that so cial cooperation makes possible,cial cooperation makes possible, greater security, companionship and also

greater security, companionship and also access to the legal and poaccess to the legal and political inslitical institutions.titutions. Coming to Burdens, they include

Coming to Burdens, they include limilimiting outing our actions so that we don¶t impinge unr actions so that we don¶t impinge unjustlyjustly on fellow citizens and obligations to t

on fellow citizens and obligations to the society.he society.

The questions about Distributive Justice are questions how we

The questions about Distributive Justice are questions how we should distribute theshould distribute the benefits and burdens of social co-operation acro

benefits and burdens of social co-operation acro ss the society. Theorist John Rawlsss the society. Theorist John Rawls believed that currently the poor

believed that currently the poor have more than their fair share of the have more than their fair share of the burdens while theburdens while the rich have the Lions share of benefits. Theorist Robert Nozick, who was the student of rich have the Lions share of benefits. Theorist Robert Nozick, who was the student of John Rawls, claimed that there is nothing u

John Rawls, claimed that there is nothing unjust in the case of Poverty whilenjust in the case of Poverty while redistributi

redistribution to on to combat that poverty would place illegitimate burdens ocombat that poverty would place illegitimate burdens o n the wealthy.n the wealthy.

3 political theorists had a major role in the stu

3 political theorists had a major role in the study of distributive justice. They are:dy of distributive justice. They are:

1) Aristotle 1) Aristotle 2) John Rawls 2) John Rawls 3) Robert Nozick 3) Robert Nozick

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1.1Aristotle

According to Aristotle, Justice was divided into 2 part According to Aristotle, Justice was divided into 2 part s.s.

1)

1) Complete JusticeComplete Justice

Complete Justice is identifiable with the Moral Values and is responsible for Complete Justice is identifiable with the Moral Values and is responsible for regulating public and soc

regulating public and social relations. It was laid on Law abidingness and thial relations. It was laid on Law abidingness and th is form of is form of Justice exists only in an Ideal state.

Justice exists only in an Ideal state.

2)

2) Particular JusticeParticular Justice

Particular Justice is mainly concerned with the distribution of offices and Particular Justice is mainly concerned with the distribution of offices and observance of proportionate equa

observance of proportionate equa lility. It also coty. It also concerns with the equal distribution of ncerns with the equal distribution of wealth and honour.

wealth and honour.

This Particular Justice is divided into 2 This Particular Justice is divided into 2 PartsParts

1.

1. Distributive JusticeDistributive Justice

According to him, Distributive Justice is laid in proper allocation of o

According to him, Distributive Justice is laid in proper allocation of o fficesffices according to ones o

according to ones own social contribution. It was primarily concerned with thewn social contribution. It was primarily concerned with the political privileges.

political privileges.

Each type has got

Each type has got its own corresponding Distributive Justice. The rights are measuredits own corresponding Distributive Justice. The rights are measured in terms of the duties performed.

in terms of the duties performed.

2.

2. Corrective JusticeCorrective Justice

Mainly, the commercial matters are being dealt. It is mainly negat

Mainly, the commercial matters are being dealt. It is mainly negat ive in character andive in character and it aims at restoring back what o

it aims at restoring back what o ne had lost due to the socne had lost due to the social injustice.ial injustice.

It prevents one from the encroachment

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1.2 John Rawls

1

According to John Rawls, Justice is divided into

According to John Rawls, Justice is divided into 3 parts:3 parts:

1)

1) Justice asJustice as FFairnessairness

Here no arbitrary distinctions are made between p

Here no arbitrary distinctions are made between p ersons by important political,ersons by important political, social, and econo

social, and economic institutimic institutions. Together, tons. Together, they make up the basic structures of thehey make up the basic structures of the society.

society.

2)

2) Principles of JusticePrinciples of Justice

According to him, a well ordered

According to him, a well ordered society is one which these social institutions aresociety is one which these social institutions are generally regulated by the principles of Justice and where anyone accepts those generally regulated by the principles of Justice and where anyone accepts those principles

principles

3) The Veil of Ignorance 3) The Veil of Ignorance

Every person is living in a veil of ignorance and our knowledge is limited. So, we Every person is living in a veil of ignorance and our knowledge is limited. So, we watch only our self interest. A person

watch only our self interest. A person has to plan and mostly implements thohas to plan and mostly implements those plansse plans which are of his self interest. A person

which are of his self interest. A person doesn¶t know his social status, talent anddoesn¶t know his social status, talent and knowledge.

knowledge.

1.3Robert Nozick

Nozicks argument begins with the individual r Nozicks argument begins with the individual r ights.ights.

1)

1) It¶s a theory about hoIt¶s a theory about how a society ought to be and w a society ought to be and also how to regulate thealso how to regulate the distribution of goods.

distribution of goods. 2)

2) No citizen cant be sacrificed for another because all the citizens have separate No citizen cant be sacrificed for another because all the citizens have separate lives.

lives.22

1

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University Press, Edinburg, 1996 University Press, Edinburg, 1996

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3)

3) This theory is historical and didn¶t emerge This theory is historical and didn¶t emerge from any formula.from any formula. 4)

4) It¶s the task of the justice to It¶s the task of the justice to protect the individual rightsprotect the individual rights 5)

5) Any type of interference in the rAny type of interference in the r ights of the individual is unjust.ights of the individual is unjust. 6)

6) Whatever arises from just situation by just steps is always just.Whatever arises from just situation by just steps is always just. 7)

7) The state should promise the security to tThe state should promise the security to the individuals and private institutionshe individuals and private institutions should take care of other services like education, health etc.

should take care of other services like education, health etc.

Both Rawls and Nozick were Am

Both Rawls and Nozick were American political theorist. erican political theorist. The main criThe main criticism wasticism was that they only supported t

that they only supported the rich.he rich.

They said that t

They said that the government is imposing taxes to the people who he government is imposing taxes to the people who work hard. Rawlswork hard. Rawls tell about the distribution of justice. But

tell about the distribution of justice. But Nozick tells about the rights based onNozick tells about the rights based on justice. justice.33 2 2 Id. Id. 3 3 Santosh Bakaya,

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Chapter - 2

History of Distributive Justice

³God could have made all men rich, but He wanted there to be poor people in this world, ³God could have made all men rich, but He wanted there to be poor people in this world,

that the rich might be

that the rich might be able to redeem their sins.´able to redeem their sins.´ -St. Eligius -St. Eligius

The theory of distributive justice, how a

The theory of distributive justice, how a society should allocate its scarce resourcessociety should allocate its scarce resources amongst individuals with competing needs and c

amongst individuals with competing needs and c laims, goes back at laims, goes back at least two millennia.least two millennia. Aristotle and Plato wrote on the question, and t

Aristotle and Plato wrote on the question, and t he Talmud recommends solutions to thehe Talmud recommends solutions to the distribution of an estate the deceased¶s creditors.

distribution of an estate the deceased¶s creditors.

Aristotle did write about something he called ³distributive justice,´ Plato d

Aristotle did write about something he called ³distributive justice,´ Plato d id write onid write on how property should be allocated in an ideal society, and the Talmud, like other ancient how property should be allocated in an ideal society, and the Talmud, like other ancient legal texts, contains discussions of competing claims to property.

legal texts, contains discussions of competing claims to property.

People do not generally realize that the meaning of ³distributive justice´ has changed or People do not generally realize that the meaning of ³distributive justice´ has changed or that for most of human history practically no o

that for most of human history practically no o ne had written or talked, even as ne had written or talked, even as an ideal,an ideal, the view that everyone shou

the view that everyone shou ld have their basic needs satisfied.ld have their basic needs satisfied.44

A time was there when decent

A time was there when decent but religiously befuddled leaders such as Amos, Isaiah,but religiously befuddled leaders such as Amos, Isaiah, and Jesus taught the equa

and Jesus taught the equalility oty of all people and the rf all people and the r ight of all people, consequently, to lifeight of all people, consequently, to life without suffering. Their teachings were distorted and suppressed by opp

without suffering. Their teachings were distorted and suppressed by opp ressive powers inressive powers in a variety of class struggles, but they were

a variety of class struggles, but they were at least held up as an at least held up as an ideal until the eighteenthideal until the eighteenth century. Then came

century. Then came modern economics, with its notions wrapped with superstition howmodern economics, with its notions wrapped with superstition how economies work. It also brought abo

economies work. It also brought about the valorization of selfishness that drove out theut the valorization of selfishness that drove out the old respect for the poor. T

old respect for the poor. The bourgeoisie now did not pretend to he bourgeoisie now did not pretend to have morals that hadhave morals that had hidden the class struggle in feudal t

hidden the class struggle in feudal times. The workers came to understand their trueimes. The workers came to understand their true situation but as a disadvantage

situation but as a disadvantage in that the suffering of workers increased enormously.in that the suffering of workers increased enormously.

F

Finally, scientific socialism appeared which provided a inally, scientific socialism appeared which provided a synthesis between the propheticsynthesis between the prophetic and the modern attitudes, uniting the

and the modern attitudes, uniting the norms of pre-modern religious teachings with anorms of pre-modern religious teachings with a

4 4_S._S.

F

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science stripped of the confusions and

science stripped of the confusions and fatalism that had made it impossible to translatefatalism that had made it impossible to translate concern for the poor

concern for the poor into practice.into practice.

Distributive justice, in modern sense, calls on the society to

Distributive justice, in modern sense, calls on the society to guarantee that property isguarantee that property is distributed throughout the society so that everyone

distributed throughout the society so that everyone is supplied with a certain level of is supplied with a certain level of material means.

material means. But the debate still goes on the amount of means to be guaranteed and onBut the debate still goes on the amount of means to be guaranteed and on the degree to

the degree to which state intervention is necessary for those means to be dwhich state intervention is necessary for those means to be d istributed.istributed. These are related issues. If the

These are related issues. If the level of goods everyone ought to have level of goods everyone ought to have is low enough, itis low enough, it may be that the market can guarantee an adequate distribution; if everyone ought to have may be that the market can guarantee an adequate distribution; if everyone ought to have an ample means of welfare prot

an ample means of welfare protection, the state may need to redistribute goods to ection, the state may need to redistribute goods to correctcorrect market imperfections; if what everyone ought to have is an equal share of all goods, market imperfections; if what everyone ought to have is an equal share of all goods, private property and the market will probably have to be replaced altogether by a state private property and the market will probably have to be replaced altogether by a state

system for distributing goods. Distributive justice is thus understood to be necessary for system for distributing goods. Distributive justice is thus understood to be necessary for any justification of property rights, and such that

any justification of property rights, and such that it may even entail a reit may even entail a rejection of privatejection of private property

property..55

There is neither universal agreement to

There is neither universal agreement to what distributive jwhat distributive justice means nor tustice means nor t here is ahere is a proper timeline laid to which one ca

proper timeline laid to which one can refer so as to say when tn refer so as to say when the premises of modernhe premises of modern justice came. Modern distributive justice came one by one into wide acceptance. justice came. Modern distributive justice came one by one into wide acceptance.

Tiberius Gracchus had a view that

Tiberius Gracchus had a view that poor soldiers deserved a greater share of and suggestedpoor soldiers deserved a greater share of and suggested that state should redistribute land accordingly. Thomas Mor

that state should redistribute land accordingly. Thomas Mor e suggested that hard work of e suggested that hard work of poor in general entitled them to

poor in general entitled them to greater wealth. To make use again ogreater wealth. To make use again o f Wittgensteinianf Wittgensteinian idea, one might say t

idea, one might say that modern distributive justice is constituted by a fiber of threadshat modern distributive justice is constituted by a fiber of threads interwoven with one other, that

interwoven with one other, that some of these threads, but nothing strongly resemblingsome of these threads, but nothing strongly resembling the entire fiber, have appeared

the entire fiber, have appeared here and there in the here and there in the past, and the ancient past, and the ancient distributivedistributive justice, even if it shared some threads with the

justice, even if it shared some threads with the modern notion, as a whole constituted amodern notion, as a whole constituted a clearly different fiber.

clearly different fiber.

5 5_Id._Id.

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2.1Indian Context

To go over

To go over again on the glaring inequalities of different types but again on the glaring inequalities of different types but most importantly thatmost importantly that based on caste and sex that prevailed in Indian society until the pre-independence days, based on caste and sex that prevailed in Indian society until the pre-independence days,

despite continuous efforts of state, reforms and missionaries to eradicate them. despite continuous efforts of state, reforms and missionaries to eradicate them.

Chousalkar (1986) very systematically described the evolution of Indian context of Chousalkar (1986) very systematically described the evolution of Indian context of justice in spiritual and philosophical context of Dhar

justice in spiritual and philosophical context of Dhar ma. Based on his studies of Vedasma. Based on his studies of Vedas and Mahabharata,

and Mahabharata, and compared the concept of and compared the concept of justice in traditional Indian views withjustice in traditional Indian views with that described in Plato¶s Republic. He

that described in Plato¶s Republic. He highlihighlited the ted the social and political implications of thesocial and political implications of the concept of justice, analyzing how

concept of justice, analyzing how philosophical ideas such as trigonas, namely, satvas,philosophical ideas such as trigonas, namely, satvas, rajas and tamas, societal characteristics such as the caste

rajas and tamas, societal characteristics such as the caste hierarchy, and historical factorshierarchy, and historical factors have shaped the Indian co

have shaped the Indian concept of justice not only tncept of justice not only theoretically but also at the appliedheoretically but also at the applied levels in political and legal spheres. The

levels in political and legal spheres. The latter have direct implication for social justice inlatter have direct implication for social justice in traditional as well as contemporary Indian society.

traditional as well as contemporary Indian society.66 Both Gandhi and Nehru stoo

Both Gandhi and Nehru stoo d for economic justice. During the struggle for freedom, bothd for economic justice. During the struggle for freedom, both of them were pained to see the economic disparity in the country. Gandhi¶s words:

of them were pained to see the economic disparity in the country. Gandhi¶s words:

The possession of

The possession of inordinate wealth by individuals should binordinate wealth by individuals should be held as a crime against Indiane held as a crime against Indian humanitry«

humanitry«77

The villagers then were not o

The villagers then were not only exploited by foreign government but nly exploited by foreign government but also by cunningalso by cunning city dwellers. He said:

city dwellers. He said:

The contrast between rich and poor today is a

The contrast between rich and poor today is a painful sight. The poor villagers are exploited by thepainful sight. The poor villagers are exploited by the foreign government and also by their own countrymen. They produce the food and go hungary. foreign government and also by their own countrymen. They produce the food and go hungary. They produce milk and their children go without it. it is disgraceful«

They produce milk and their children go without it. it is disgraceful«88

According to him, this condition should not have been lasted even for one day in free According to him, this condition should not have been lasted even for one day in free India.

India. FFor them, the improvement oor them, the improvement of poor and disadvantaged cf poor and disadvantaged class was the only criterionlass was the only criterion of any program envisaged by t

of any program envisaged by t he social welfare organization or the government.he social welfare organization or the government.

6 6

Janak Pandey,

Janak Pandey, P P syc sychhologyology inin I I ndiandia ReRevisit visit eed d -De-Devveelopmlopmeentsnts inin t t he Dhe Discipliniscipline:e: Appli Applieed d S S ocial ocial and and O

Organizational rganizational P P syc sychhology,ology, Sage publications, New Delhi, 2004.Sage publications, New Delhi, 2004.

7 7

O.P. Misra,

O.P. Misra, E E conomicconomic t t hhoug oug hht t of of GGand and hhii and and NehNehruru:: A A C C omparativomparativee Analysis Analysis, M.D. Publications Pvt., M.D. Publications Pvt. Ltd., Delhi, 1995.

Ltd., Delhi, 1995.

8 8_Ibid._Ibid.

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Also, in the Preamble of constitution,

Also, in the Preamble of constitution, it was declared that, ³We, The Peoit was declared that, ³We, The People of India,ple of India, having solemnly resolved to

having solemnly resolved to constitute India into a Sovereign Socialist Secular constitute India into a Sovereign Socialist Secular Democratic Republic and to

Democratic Republic and to secure all isecure all its cts citizens: Justiceitizens: Justice, So, Social, Economic andcial, Economic and Political; Liberty of thought,

Political; Liberty of thought, ExpressiExpression, on, Belief,Belief,FFaith and Worship; Equality of statusaith and Worship; Equality of status and of opportunity; and to promote among them all

and of opportunity; and to promote among them allFFraternity assuring the dignity of raternity assuring the dignity of individual and the unity and

individual and the unity and integrity of the nation. In addition, the Directive Principle of integrity of the nation. In addition, the Directive Principle of State Policy, Articles 38, 39, 40, 41, 42, 46, 164, 275, 330, 332, 334, 335, 339 and others State Policy, Articles 38, 39, 40, 41, 42, 46, 164, 275, 330, 332, 334, 335, 339 and others laid down rules and prov

laid down rules and provisiisions ons for both equality and social justice with more emphasis onfor both equality and social justice with more emphasis on special care, protection and rights to weaker class. As a consequence, a number of

special care, protection and rights to weaker class. As a consequence, a number of reformative laws were also enacted in consonance

reformative laws were also enacted in consonance to the Preamble and otto the Preamble and ot her provisiher provisionsons of constitution in the post-independence era. Bot

of constitution in the post-independence era. Bot h constitutional provisions, reformativeh constitutional provisions, reformative and other legislations, owe their origin to Indian social po

and other legislations, owe their origin to Indian social po licy of growth with sociallicy of growth with social justice but more p

justice but more particularly distributive social justice. The institutional redistributionarticularly distributive social justice. The institutional redistribution model is based on the

model is based on the moral concept or social justice and thus recognizes the rmoral concept or social justice and thus recognizes the r ights of theights of the individuals to obtain the b

individuals to obtain the basic social and welfare service iasic social and welfare service irrespective of whether rrespective of whether he ishe is able to pay for t

able to pay for them or not. Thus one of the hem or not. Thus one of the most important aspects of those servicesmost important aspects of those services under this are universally provided irrespective of income, education and caste status of under this are universally provided irrespective of income, education and caste status of the recipients. Under this model, services are a

the recipients. Under this model, services are a lso provided on a selective basis,lso provided on a selective basis, particularly to the groups which need spec

particularly to the groups which need special care. Since these services are providedial care. Since these services are provided without any social or eco

without any social or economic criteria defining eligibilinomic criteria defining eligibility, they do ty, they do not carry any stigmanot carry any stigma against the beneficiaries. Also, as these services are available to

against the beneficiaries. Also, as these services are available to weaker andweaker and disadvantaged section of the po

disadvantaged section of the population as well, they tend to pulation as well, they tend to work as a counter-measurework as a counter-measure against the disruptive forces of change and t

against the disruptive forces of change and t hus tend to contribute towards hus tend to contribute towards stabilistability andty and equilibrium In the soc

equilibrium In the social systems.ial systems.99

It thus becomes very explicit that various co

It thus becomes very explicit that various constitutional provisinstitutional provisions and ons and rules have beenrules have been framed and reformative legislations have been e

framed and reformative legislations have been e nacted for eradicating at least reducnacted for eradicating at least reducinging deep- rooted operation and d

deep- rooted operation and discriminative practices based o birth and sexton which tiscriminative practices based o birth and sexton which t hehe

9

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women and harijans for centuries and had

women and harijans for centuries and had rendered them deprived, porendered them deprived, powerless andwerless and dependant category of individuals.

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Chapter - 3

Application of Distributive Justice in

Application of Distributive Justice in Ind

India

ia

Until pre-independence days there was glaring inequality of different types but especially Until pre-independence days there was glaring inequality of different types but especially on caste and sex prevailed in Indian society despite of constant effort made by the state, on caste and sex prevailed in Indian society despite of constant effort made by the state, reformers and missioners to control and eradicate them. Therefore the Indian people and reformers and missioners to control and eradicate them. Therefore the Indian people and the constitution makers made the preamble which mentions about Sovereign, Socialist, the constitution makers made the preamble which mentions about Sovereign, Socialist, Secular and Democratic republic and of securing social, economic and political justice. Secular and Democratic republic and of securing social, economic and political justice. Our preamble also mentions about liberty of thought, expression, belief, faith and Our preamble also mentions about liberty of thought, expression, belief, faith and worship. It also assures Equality of status and opportunity and to promote among them all worship. It also assures Equality of status and opportunity and to promote among them all

F

Fraternity assuring dignity of the individual and the unity and integrity of the nation. Theraternity assuring dignity of the individual and the unity and integrity of the nation. The directive princi

directive principle of State Policyple of State Policy, Articles , Articles 38, 39, 40, 41, 42, 335and 339 38, 39, 40, 41, 42, 335and 339 lays downlays down rules and provision for both equality and social justice with more emphasis on special rules and provision for both equality and social justice with more emphasis on special care, protection and rights to the weaker class.

care, protection and rights to the weaker class.1010 As a consequence a number of As a consequence a number of reformative laws were also enacted in consonance to the preamble and other provision of reformative laws were also enacted in consonance to the preamble and other provision of the constitution in the post-independence era. Both constitutional provisions, reformative the constitution in the post-independence era. Both constitutional provisions, reformative and other legislations, owe their origin to the Indian social policy of growth with social and other legislations, owe their origin to the Indian social policy of growth with social justice but more p

justice but more particularly distributive social justice.articularly distributive social justice.

Women and Harijans along with tribal and other backward classes constitute the weaker Women and Harijans along with tribal and other backward classes constitute the weaker classes in Indian society. Both women and Harijans remained the subjugated, exploited classes in Indian society. Both women and Harijans remained the subjugated, exploited and deprived section and virtually lived like semi-human species for centuries together. and deprived section and virtually lived like semi-human species for centuries together.1111 They did not have any social, political, economic and cultural rights and privileges, They did not have any social, political, economic and cultural rights and privileges, which is only available only to the dominant classes which consist of the men and the which is only available only to the dominant classes which consist of the men and the

10 10

K. B. Gobind

K. B. Gobind , , ReRe formativ formativee lawlaw and and social social jjusticusticee inin I I ndianndian soci socieetyty,,Regency publication: Delhi , 1995.Regency publication: Delhi , 1995.

11 11

C. N. Shankar Rau,

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superior caste people. Thus various constitutional provision and rules has been laid down superior caste people. Thus various constitutional provision and rules has been laid down for eradicating this discrimination which is very deep rooted

for eradicating this discrimination which is very deep rooted in our Indian society.in our Indian society.

3.1WEAKER CLASS

It is difficult, but it is not rare, to come across a precise definition of the term weaker It is difficult, but it is not rare, to come across a precise definition of the term weaker class. In common parlance, class refers to a group of people having the same social status class. In common parlance, class refers to a group of people having the same social status while weaker denotes any person or object which is comparatively less strong and while weaker denotes any person or object which is comparatively less strong and wanting in strength. Obviously in person or group who is weaker than the other on wanting in strength. Obviously in person or group who is weaker than the other on account of any factor is a member of a weaker class or section. However, difficulty arises account of any factor is a member of a weaker class or section. However, difficulty arises in regard to the criteria of measuring the weakness of any person or group as they are in regard to the criteria of measuring the weakness of any person or group as they are diverse, such as physical or biological, psychological, political, economic and social diverse, such as physical or biological, psychological, political, economic and social position. If we take all these into account we may forward the definition of weaker class position. If we take all these into account we may forward the definition of weaker class as ³a group of person who are weaker than others in terms of the aforesaid criterion.´ But as ³a group of person who are weaker than others in terms of the aforesaid criterion.´ But when we take into consideration the term weaker class in sociological perspective our when we take into consideration the term weaker class in sociological perspective our attention is directed toward weakness, backwardness, deprivation, exploitation and attention is directed toward weakness, backwardness, deprivation, exploitation and oppression of any group of people in the matters related to societal living. In every oppression of any group of people in the matters related to societal living. In every society it is found that a group of individuals has more benefits, privileges, rights and society it is found that a group of individuals has more benefits, privileges, rights and opportunities in comparison to others in matters of food, education, employment, social opportunities in comparison to others in matters of food, education, employment, social status, etc. This later group of people, therefore, composes the weaker section which status, etc. This later group of people, therefore, composes the weaker section which leads the life of various disabilities and represents the weaker class. Obviously we can leads the life of various disabilities and represents the weaker class. Obviously we can define the weaker class as ³a group of people who are incapable of fulfilling their needs, define the weaker class as ³a group of people who are incapable of fulfilling their needs, do not have equal chance of participation in different spheres of society, are powerless do not have equal chance of participation in different spheres of society, are powerless with lower status and bear exploitation and disabilities imposed by community or with lower status and bear exploitation and disabilities imposed by community or society.

society.1212 Within the purview of this definition are included a number of socialWithin the purview of this definition are included a number of social groupings, who are economically, politically and socially weaker than the privileged or groupings, who are economically, politically and socially weaker than the privileged or

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dominant class of people but are excluded those who are physically weak. In accordance dominant class of people but are excluded those who are physically weak. In accordance to the criteria of this definition weaker class can be considered equivalent to the term to the criteria of this definition weaker class can be considered equivalent to the term depressed or oppressed class, which does not include the comparative blessed human depressed or oppressed class, which does not include the comparative blessed human beings hordes of whom are still definitely standing o

beings hordes of whom are still definitely standing o utside the pale of civilization in Indiautside the pale of civilization in India and are partaking with beast

and are partaking with beast and birds in the romance oand birds in the romance of natural life.f natural life.

In most of the meanings attached to the weaker class are included three groups of people, In most of the meanings attached to the weaker class are included three groups of people, namely, the backward class, the scheduled caste and the tribes where women have been namely, the backward class, the scheduled caste and the tribes where women have been left. But in reality women too

left. But in reality women too compose a distinct part of the weaker ccompose a distinct part of the weaker c lass in India becauselass in India because their condition very much resembles the former three categories of people. If we take into their condition very much resembles the former three categories of people. If we take into consideration the social system in India we cannot deny the women along with Sudras, consideration the social system in India we cannot deny the women along with Sudras, Antyaj and Janjati f

Antyaj and Janjati for centuries remained deprived of or centuries remained deprived of their their chance of , sharing equally inchance of , sharing equally in their opportunity

their opportunity and fruits of the and fruits of the society by society by the deep rooted social regulatithe deep rooted social regulation, customs,on, customs, oppression and discriminatory practices in social relation.

oppression and discriminatory practices in social relation.1313 Such deprivation andSuch deprivation and oppression have rendered them relatively powerless and weak. In words, birth or caste oppression have rendered them relatively powerless and weak. In words, birth or caste and sex have strongly determined the general condition which includes rights, and sex have strongly determined the general condition which includes rights, opportunities and privileges of the Indian people as the consequence of which the women opportunities and privileges of the Indian people as the consequence of which the women and the Harijans along with other backward class and scheduled caste and scheduled and the Harijans along with other backward class and scheduled caste and scheduled tribes come to be reckoned as weaker class in post independence era. The constitution tribes come to be reckoned as weaker class in post independence era. The constitution of of India has included women within the cat

India has included women within the category of weaker sectionegory of weaker section..

3.2HARIJAN

The term µ Harijan¶ which now has received wide acceptance and is used throughout the The term µ Harijan¶ which now has received wide acceptance and is used throughout the country for the scheduled caste has been known by legion of terms at different times or country for the scheduled caste has been known by legion of terms at different times or by different terms at same time by different people.

by different terms at same time by different people.1414 In the Puranas they are calledIn the Puranas they are called Asprusyas, Avarnas, Chandals, Svapachas, Antyajas, Jambhawans, Varishals, Antyawasi, Asprusyas, Avarnas, Chandals, Svapachas, Antyajas, Jambhawans, Varishals, Antyawasi,

13 13 _Id._Id.

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Tsachi Keren-Paz, Torts,

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Antya, Bhangi, Panchama, Achchut, etc. and till past or even today they are designated as Antya, Bhangi, Panchama, Achchut, etc. and till past or even today they are designated as untouchables, outcaste, atisudras, oppressed Hindu and Scheduled Castes, etc. However untouchables, outcaste, atisudras, oppressed Hindu and Scheduled Castes, etc. However the term untouchable or Asprusya has remained in use since remote paste. The Webster the term untouchable or Asprusya has remained in use since remote paste. The Webster dictionary describes the untouchables as a member of large hereditary group in India dictionary describes the untouchables as a member of large hereditary group in India having in traditional Hindu belief the quality of defiling by contact the person, food or having in traditional Hindu belief the quality of defiling by contact the person, food or drink of a member of higher caste and formally being strictly segregated and restricted to drink of a member of higher caste and formally being strictly segregated and restricted to menial work.

menial work.

This term Scheduled Caste was first used by the British Government from 1935 onwards This term Scheduled Caste was first used by the British Government from 1935 onwards and has been standardized in the Indian constitution and since then it has been used as a and has been standardized in the Indian constitution and since then it has been used as a synonyms of untouchable castes. To repeat, the term Harijan, however, was used for the synonyms of untouchable castes. To repeat, the term Harijan, however, was used for the Scheduled Caste or untouchables and was popularized by Mahatma Gandhi.

Scheduled Caste or untouchables and was popularized by Mahatma Gandhi. FFor manyor many years Gandhiji himself used, ³untouchables´ Panchama, Antyaja and Bhamgi. But in years Gandhiji himself used, ³untouchables´ Panchama, Antyaja and Bhamgi. But in early 1930¶s Gandhi began to use the term Harijans instead of untouchables. He called early 1930¶s Gandhi began to use the term Harijans instead of untouchables. He called them Harijans, the man of God or the children of God. In justification of adopting the them Harijans, the man of God or the children of God. In justification of adopting the term, Gandhiji explained that other expression were abusive in contexts and were not term, Gandhiji explained that other expression were abusive in contexts and were not liked by his untouchable correspondents. But Ambedkar and number of others resented liked by his untouchable correspondents. But Ambedkar and number of others resented the term Harijans.

the term Harijans.1515 But when challenged by congress to suggest a better name Ambedkar But when challenged by congress to suggest a better name Ambedkar failed to do so. Therefore,

failed to do so. Therefore, since the forties, the term Harijans has been constantly used since the forties, the term Harijans has been constantly used for for the Scheduled Caste people in India. According to article 341 (i) of the constitution of the Scheduled Caste people in India. According to article 341 (i) of the constitution of India the following sub caste come within the purview Scheduled Caste (Harijans) in India the following sub caste come within the purview Scheduled Caste (Harijans) in Bihar. They are Bantar, Bauri Bhogta, Bhuiya, Bhumij (excluding North Chotanagpur Bihar. They are Bantar, Bauri Bhogta, Bhuiya, Bhumij (excluding North Chotanagpur and South Chotanagpur Division and Santhal Parganas District), Chamar, Mocha, and South Chotanagpur Division and Santhal Parganas District), Chamar, Mocha, Chaupal, Dhabgar, Dhobi, Dom, Dhangad, Dusadh and Dhari.

Chaupal, Dhabgar, Dhobi, Dom, Dhangad, Dusadh and Dhari.

Equality before law, removal of Untouchability Act, Minimum Agricultural Wage Act, Equality before law, removal of Untouchability Act, Minimum Agricultural Wage Act, Bonded Labour Act, and other Reformative Legislation have been enacted in post Bonded Labour Act, and other Reformative Legislation have been enacted in post independence era and are operating in the country in order to make Harijans capable of independence era and are operating in the country in order to make Harijans capable of

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participating equal to others in different realms of the society and get relieved of participating equal to others in different realms of the society and get relieved of

traditional taboos and

traditional taboos and restrictirestriction.on.1616

3.3WOMEN

Women represent and form the part of the weaker class in contemporary India even Women represent and form the part of the weaker class in contemporary India even though their condition is better than their counterparts of their past. It is owing to the fact though their condition is better than their counterparts of their past. It is owing to the fact that the women are yet to secure equality of status with men and secondly, they still that the women are yet to secure equality of status with men and secondly, they still suffer from various disabilities. Venkatarayappa rightly observed ³women are a suffer from various disabilities. Venkatarayappa rightly observed ³women are a representative of weaker sex.

representative of weaker sex.1717 We find down the ages the so called weaker sex hasWe find down the ages the so called weaker sex has suffered and survived a load of inequality for which it is impossible to find a parallel in suffered and survived a load of inequality for which it is impossible to find a parallel in any part of the creation. Virtually, it has been on account of degraded status, exploitation, any part of the creation. Virtually, it has been on account of degraded status, exploitation, deprivation and denial of social justice that the women were considered weaker, deprivation and denial of social justice that the women were considered weaker, oppressed and exploited class by the social reformers of the 19

oppressed and exploited class by the social reformers of the 19thth and even in the presentand even in the present century. Thus keeping in view the social, economic, political and cultural status of century. Thus keeping in view the social, economic, political and cultural status of women they have been reckoned and accorded the status of weaker section in the women they have been reckoned and accorded the status of weaker section in the constitution of India

constitution of India

The reasons for which women are included in the category of weaker section, however, The reasons for which women are included in the category of weaker section, however, lead a discussion in historical perspective. But

lead a discussion in historical perspective. But since the space here is limited we present since the space here is limited we present aa brief account in this context.

brief account in this context.

All historical facts and evidences reveal that there have been distinct stages of rise and All historical facts and evidences reveal that there have been distinct stages of rise and fall in status of women. Women in Vedic time enjoyed a very high status.

fall in status of women. Women in Vedic time enjoyed a very high status.1818 She had asShe had as much rights to enjoy as

much rights to enjoy as men have. But in sutra men have. But in sutra period position of women were not as period position of women were not as highhigh as it was in the Vedic time. Decline in the status of women, however, started form the as it was in the Vedic time. Decline in the status of women, however, started form the Smritis period and after about 300 B.C. Constant degradation occurred in the position of Smritis period and after about 300 B.C. Constant degradation occurred in the position of

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K_{. B. Gobind, Reformative Law and Social Justice in Indian Society, Regency Publication: India, 1995.}_{. B. Gobind, Reformative Law and Social Justice in Indian Society, Regency Publication: India, 1995.}

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women in various injunctions, taboos, customs and restrictions appeared in regard to women in various injunctions, taboos, customs and restrictions appeared in regard to women¶s familial and societal living. Customs of Sati, child marriage, polygamy, female women¶s familial and societal living. Customs of Sati, child marriage, polygamy, female infanticide, dowry, ban or widow remarriage, purdha, denial of access to education and infanticide, dowry, ban or widow remarriage, purdha, denial of access to education and employment outside home, deprivation from right of inheritance and participation in employment outside home, deprivation from right of inheritance and participation in religious activities and number of others cropped up after the aforesaid and by the religious activities and number of others cropped up after the aforesaid and by the eighteenth century the women¶s position in Indian Society reached to its bottom. eighteenth century the women¶s position in Indian Society reached to its bottom. Virtually, women were considered as a plaything and slave of man.

Virtually, women were considered as a plaything and slave of man. Therefore,Therefore, satisfaction of sexual thirst of man, producing and bearing of children and discharging satisfaction of sexual thirst of man, producing and bearing of children and discharging domestic chores by leaving o

domestic chores by leaving outside the home became the doutside the home became the do main of women¶s role.main of women¶s role.

As said by Irene Kahn, Secret

As said by Irene Kahn, Secretary General of Amnesty International:ary General of Amnesty International:

Disparaging a woman's sexuality and destroying her physical integrity have become a means by Disparaging a woman's sexuality and destroying her physical integrity have become a means by which to terrorize, demean and 'defeat' entire communities, as well as to punish, intimidate and which to terrorize, demean and 'defeat' entire communities, as well as to punish, intimidate and humiliate women. Women¶s lives and their bodies have been the unacknowledged casualties of humiliate women. Women¶s lives and their bodies have been the unacknowledged casualties of war for too long.

war for too long.

Many steps have been taken towards preventing Sexual Violence against Women in War Many steps have been taken towards preventing Sexual Violence against Women in War but none have yet to be fully successful. Sexual violence against women has become as but none have yet to be fully successful. Sexual violence against women has become as

common tool of war as a rifle or a knife.

common tool of war as a rifle or a knife. 1919Girls as young as 5 have been raped, mentallyGirls as young as 5 have been raped, mentally and physically abused, and sexually tortured for the sick pleasure of the perpetrators and and physically abused, and sexually tortured for the sick pleasure of the perpetrators and as a means of demonstrating the do

as a means of demonstrating the do minating power of their attackers.minating power of their attackers.

In fact owing to various evil customs and practices, Indian women suffered greatly and In fact owing to various evil customs and practices, Indian women suffered greatly and their condition become so degraded and pitiable that the reformers took up the cause of their condition become so degraded and pitiable that the reformers took up the cause of their emancipation and delivery of social justice to them. But for this there arouse the their emancipation and delivery of social justice to them. But for this there arouse the need of laws and

need of laws and legislation. The first law in this regard was tlegislation. The first law in this regard was the Abolition of Sati Act andhe Abolition of Sati Act and

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after that a few others were enacted during the pre-independence day. But even then their after that a few others were enacted during the pre-independence day. But even then their improvement or emancipation remained unfulfilled.

improvement or emancipation remained unfulfilled. 2020Therefore, concern for women¶sTherefore, concern for women¶s social justice was natural under India¶s independence and as a consequence women in the social justice was natural under India¶s independence and as a consequence women in the constitution was included within the category of weaker section and various rules and constitution was included within the category of weaker section and various rules and provisions were inserted for providing equality of status, opportunity between men and provisions were inserted for providing equality of status, opportunity between men and

women as well as certain special co

women as well as certain special concessions to women along with other ncessions to women along with other weaker sections.weaker sections. In addition a number of reformative laws and legislations have been enacted especially In addition a number of reformative laws and legislations have been enacted especially for Indian women including Hindu women with a view to extricate them from traditional for Indian women including Hindu women with a view to extricate them from traditional constraints and deliver social justice. They include Hindu Marriage Act, Dowry constraints and deliver social justice. They include Hindu Marriage Act, Dowry Prohibition Act, Women¶s Right to Property Act, Women¶s Succession Act, Child Prohibition Act, Women¶s Right to Property Act, Women¶s Succession Act, Child Marriage Restraint Act, Inter Caste and Inter Community Marriage Act, etc. These Act Marriage Restraint Act, Inter Caste and Inter Community Marriage Act, etc. These Act virtually were needed to equip women with legal rights so that they could secure their virtually were needed to equip women with legal rights so that they could secure their appropriate place in home and society as well as for the progress and development Indian appropriate place in home and society as well as for the progress and development Indian society in general. Therefore it cannot be denied that a new era has ushered in the life og society in general. Therefore it cannot be denied that a new era has ushered in the life og millions of Indians Women in which the era as free and independent as are the men to millions of Indians Women in which the era as free and independent as are the men to participate in different realms o

participate in different realms of society.f society.

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CONCLUSION

Justice is action in accordance with the requirements of some law. Whether these Justice is action in accordance with the requirements of some law. Whether these rules be grounded in human consensus or societal norms, they are supposed to ensure rules be grounded in human consensus or societal norms, they are supposed to ensure that all members of society receive fair treatment. Issues of justice arise in several that all members of society receive fair treatment. Issues of justice arise in several different spheres and play a major role in causing, perpetuating, and addressing different spheres and play a major role in causing, perpetuating, and addressing conflict. Just institutions tend to inculcate a sense of stability, well-being, and conflict. Just institutions tend to inculcate a sense of stability, well-being, and satisfaction among society members, while perceived injustices can lead to satisfaction among society members, while perceived injustices can lead to dissatisfaction, rebellion, or revolution.

dissatisfaction, rebellion, or revolution.

Distribution of Justice does not only revolve around the economic aspects only but Distribution of Justice does not only revolve around the economic aspects only but also the gender, caste and class do matter a lot. It is linked to the concepts of Human also the gender, caste and class do matter a lot. It is linked to the concepts of Human dignity, Human Rights and the common good. More specifically it refers to what dignity, Human Rights and the common good. More specifically it refers to what civilization owes its individual members in a pro

civilization owes its individual members in a proportion toportion to

Distributive Justice is linked to the concepts o

Distributive Justice is linked to the concepts of Human rights, human dignity, and thef Human rights, human dignity, and the common good. Distributive J

common good. Distributive Justice ustice refers to what cirefers to what civilization owes its ivilization owes its individualndividual members in a proportion:

members in a proportion:

y

y Resources that is available to tResources that is available to the civilization. This includes financial and markethe civilization. This includes financial and market

considerations. considerations.

y

y Everyone on the cEveryone on the civilization will receive equitable access to basic health careivilization will receive equitable access to basic health care

needs for living. needs for living.

The principle of distributive justice means that c

The principle of distributive justice means that c iviliivilizations has a dzations has a duty to individuals inuty to individuals in need and that all individuals have duties to help others in need. Many governments are need and that all individuals have duties to help others in need. Many governments are known for dealing with issues of Distributive justice, especially countries with ethnic known for dealing with issues of Distributive justice, especially countries with ethnic tensions and geographically distinctive minorities. Post-apartheid South Africa is an tensions and geographically distinctive minorities. Post-apartheid South Africa is an example of a country that

example of a country that deals with issues of re-allocating resources with respect to thedeals with issues of re-allocating resources with respect to the Distributive justice framework

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