‘Social Justice’ is a fascinating concept. It is generally taken to mean the fair and just relation between the individual and the society. It aims to assign the rights and duties among individuals and institutions in society in such a way as to ensure people to receive the benefits of living in a system of co-operation. In light of the history of the 18th to the 20th centuries, with its popular revolutions against entrenched feudal hierarchy, it might be fair to say that Social Justice is essential for a peaceful society. This is something that becomes a huge challenge in the context of a country the size of India, with historical injustices in the form of feudalism and the caste system.
As an important pillar of society, the Government has a pivotal role in ensuring social justice for the people it represents. It can do so through its twin functions of law and administration.
Some of the ways in which a Government can use the law to achieve Social Justice are:
1. Progressive tax policies: The tax system, in order to be fair, must take more from the rich than it does from the poor. The slab-based tax code for income tax does follow this principle, however the increasing share of tax revenue from indirect taxes like Sales tax and Excise duty have the opposite effect, since they raise the prices of goods and services for rich and poor alike.
2. Labour laws: A capitalistic society naturally advantages owners of capital as an incentive to growth. However, in order to maintain a level of social justice, it is necessary for labour laws to provide for the rights of the labour class, from fair pay to the right to a healthy work environment.
3. Anti-discrimination: Societies are often segregating, and India is no different, if not worse. Certain attitudes and mindsets, from patriarchy to casteism to communalism are entrenched in many people, and the passing of laws to penalize such behaviour can be seen as a part of the implementation of a social justice framework. A commitment from the Governments to LGBT rights would be another step in the right direction.
On the administration side as well, the Government as a provider and controllers of public goods and in charge of welfare, should focus on certain measure:
1. Public services: A government may be said to have a responsibility to ensure its citizens have access to quality education and healthcare. Over-reliance on private services for these two are dangerous, tending to entrench the elite while putting basic rights out of the reach of the poor.
2. Supporting families: A social safety net, in the form of adequate unemployment and disability benefits.
3. Youth policy: A targeted policy for ensuring that the youth of the country become its greatest resources rather than its worst liability are essential. Providing quality education and generating employment are helpful in promoting this objective.
4. Women’s safety and empowerment: Specific measures for ensuring the safety of women would go a long way towards addressing their historically precarious position. Encouragement through policy push and incentivising for adding women to the workforce would go a long way towards ensuring such equality.
5. Supporting historically disadvantage sections of society: Members of marginalized groups of society need to be brought to the mainstream of society and provided opportunities for upliftment. India’s affirmative-action program, while it may not be perfect, was designed to achieve this objective.
In the end, ‘Social Justice’ is a vaunted objective that cannot come from Governmental intervention alone. As a movement it needs to be a part of general discourse and accepted as necessary by us, the citizens of the country. India’s laws do, by and large, support the social justice movement (with the glaring exception of LGBT rights), however the change in the hearts and minds of Indians will take some time in coming. Until then, the struggle is real.
