Social Justice and Equality

Social Justice and Equality:

• Social justice is the term used to describe a fair and just interaction between individuals and society. Social justice is essentially the fair distribution of resources, opportunities, and benefits within a society. It aims to address the issue of socioeconomic disparity by using the rule of law.
• The concept of "equality" refers to both the lack of special privileges for any group in society and the accessibility of appropriate chances for everyone, regardless of background.
• Equality and social justice are two crucial goals of our constitution. A new civilization based on these two ideals can be established using the parameters provided by the Constitution.

How to establish social justice and equality in society:

1. Eliminate the negative social conditions
2. Justice and Eliminating socio-economic status discrimination, including in terms of superiority or inferiority language, gender, caste, religion, birthplace, race, residence, etc.
3. Equal opportunity for development
4. Efforts are to be made at all levels of society
5. The government's active initiatives and regulation
6. Bring all sections of society into the mainstream
7. Process of accommodating different sections of society
8. Reducing social conflicts

Efforts made in India toward Equality and social justice:

1. Policy of Reservation of seats:

• According to Indian law, reservation is a form of affirmative action in which a certain number of seats are set aside for members of underrepresented groups in the public sector, union and state civil services, union and state government departments, and all public and private educational institutions, with the exception of religious and linguistic minority institutions.
• Constitutional Provisions Governing Reservation in India:
  

  Part XVI	Reservation of SC and ST in Central and State legislatures
  Article 15(4) & 16(4)	Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST
  Articles 330 & 332	Provide for particular representation in the Parliament and State Legislative Assemblies, respectively, by reserving seats for SCs and STs.
  Article 243D	Every Panchayat is required to reserve seats for SCs and STs.
  Article 233T	Every municipality is required to reserve seats for SCs and STs.
  Article 335	STs and STs must be taken into account in conjunction with the administration's efficacy

• A new clause (4A) was added to Article 16 of the Constitution (77 Amendment) Act of 1995, allowing the government to offer reservations for promotions.
• Later, the Constitution (85 Amendment) Act, 2001 changed Article (4A) to provide SC and ST candidates promoted under reservation consequential seniority.
• The Constitutional 81 Amendment Act of 2000 added Article 16 (4B), allowing the state to replace any SC/ST-reserved posts that remain unfilled from one year in the following year, effectively eliminating the cap of 50% reservation on the total number of vacancies for that year.

2. The Scheduled Castes and Tribes (Prevention of Atrocities) Act:

• For promoting social justice and equality, this Act is crucial. These laws prohibit any discrimination against members of Scheduled  Castes and Scheduled Tribes, and any atrocity perpetrated against them is punishable.
• Constitutional Provisions Governing Reservation in India:
  

  Part XVI	Reservation of SC and ST in Central and State legislatures
  Article 15(4) & 16(4)	Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST
  Article 17	Abolishes Untouchability
  Article 46	Promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
  Articles 330 & 332	Provide for particular representation in the Parliament and State Legislative Assemblies, respectively, by reserving seats for SCs and STs.
  Article 338	Establishes the National Commission for the Scheduled Castes
  Article 340	President has the power to appoint a commission to investigate the conditions of backward classes, and the difficulties they face, and make recommendations on steps to be taken to improve their condition. This was the article under which the Mandal Commission was formed.
  Article 243D	Every Panchayat is required to reserve seats for SCs and STs.
  Article 233T	Every municipality is required to reserve seats for SCs and STs.
  Article 335	STs and STs must be taken into account in conjunction with the administration's efficacy

3. Provisions for minorities:

• The only communities considered to be minorities are those that have received central government notification pursuant to section 2(c) of the National Commission for Minorities Act of 1992.
  
• Five religious communities - Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis) - were identified as minority communities in 1993 when the first Statutory National Commission was established.
  
• Jains received notice that they were a minority community in 2014.
• We shouldn't confine the term "minorities" to those who are religiously distinct. In a broader socio-political context, minorities are also linguistic minorities,  transgender people, etc.
• According to the Supreme Court's ruling in the landmark case of TMA Pai Foundation v. State of Karnataka, a minority, whether linguistic or religious, can only be identified by reference to the state's demographics and not by looking at the nation's overall population.
• Functions for provision of minority:

1. Under the Prime Minister’s New 15-Point Programme for the Welfare of Minorities, there will be definite goals that are to be achieved in a specific time frame. On high priority is enhancing opportunities for education. 
2. The Ministry of Minority Affairs, which was established in 2006, is the apex body in the Union government to carries out various welfare, regulatory and developmental programs for the minority communities.
3. A National Commission for Minorities (NCM) has also been set up under the National Commission for Minorities Act, 1992.
4. The 18th of December is designated as Minorities Rights Day each year. The purpose of the day is to promote better understanding among India's religious minorities and to defend the rights of underprivileged populations.

• Constitutional Provisions for Minorities in India:
  

  Article 14	People’s right to ‘equality before the law’ and ‘equal protection of the laws’
  Article 15	Prohibition of discrimination against citizens on grounds of religion, race, caste, sex, or place of birth
  Article 16	Equality of opportunity in matters of public employment
  Article 25	Freedom of conscience and free profession, practice, and propagation of religion.
  Article 26	Freedom to manage religious affairs.
  Article 28	Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
  Article 29	Protection of interests of minorities
  Article 30	Right of minorities to establish and administer educational institutions
  Article 350-B	The 7th Constitutional (Amendment) Act 1956 inserted this article which provides for a Special Officer for Linguistic Minorities appointed by the President of India.

• Legal Provisions Related to Minorities:
  

  1. National Commission for Minorities Act of 1992, section 2(c): The Minorities Commission (MC) was renamed the National Commission for Minorities in 1992 after the National Commission for Minorities Act of 1992, which made it a statutory organization. NCM consists of a Chairperson, a Vice-Chairperson, and five members, and all of them shall be from amongst the minority communities.

  2. National Commission for Minority Education Institution (NCMEI) Act, 2004: Commission Established: 2004 NCMEI Act passed: January 2005 This Commission is a quasi-judicial body and has been endowed with the powers of a Civil Court.   It is to be headed by a Chairman who has been a Judge of the High Court and three members are to be nominated by Central Government.   The Commission can look into any complaints relating to the violation and deprivation of the rights of minorities to establish and administer educational institutions of their choice.

4. Laws relating to women and provisions for representation:

• In the post-independence era, designed to empower women. Taking the issues faced by women, A number of guidelines have been adopted at removing at the national and international levels women's illiteracy and the need for opportunities open to their development.
• Dowry Prohibition Act, Sexual Assault Act, and Domestic Violence Prohibition Act emphasized the importance of preserving women's dignity and self-worth.
• This act broadened the purview of Indian democracy to make it inclusive in the truest sense while rejecting conventional forms of dominance and authoritarianism.
• Constitutional Provisions for Women:
  

  Preamble	Women have equal rights as men to enable them to take part effectively in the administration of the country.
  Article 14	Equality before the law for women
  Article 15 (1)	Prohibition of discrimination against citizens on grounds of religion, race, caste, sex, or place of birth
  Article 15 (3)	The State to make any special provision in favour of women and children
  Article 16	Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
  Article 39 A	The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood, Promoting justice, on a basis of equal opportunity, and providing free legal aid
  Article 39D	Equal pay for equal work for both men and women
  Article 42	Provision for just and humane conditions of work and maternity relief.
  Article 46	The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation
  Article 47	The State to raise the level of nutrition and the standard of living of its people
  Article 51A	Enjoins upon every citizen to renounce practices derogatory to the dignity of women.
  Article 243 D (3) & T(3)	Reservation of not less than one-third of the total number of seats in Panchayats and Municipalities for women to be allotted by rotation to different Constituencies.
  Article 243 D (4) & T(4)	Reservation of not less than one-third of the total number of officers of chairperson in the Panchayat and Municipalities at each level to be reserved for women.

  
  The 73rd constitutional amendment acts passed in 1992 by parliament ensure one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas. This proportion has increased to 50% in a few states, among them Maharashtra. 
  
  
• Important Legal Provisions for Women of India:
  Women may be victims of any crime, including murder, robbery, and cheating, but crimes that are expressly targeted against women are known as "Crimes against Women." These can be broadly categorized into the following groups.
  

  Sec. 376 IPC	Rape
  Sec. 363 - 373	Kidnapping and Abduction for different purposes
  Sec. 302/304-B IPC	Homicide for Dowry, Dowry Deaths, or attempts
  Sec. 498-A IPC	Torture, both mental and physical
  Sec. 354 IPC	Molestation
  Sec. 509 IPC	Sexual Harassment
  Up to 21 years of age	Importation of girls
  SLL	The Crimes identified under the Special Laws

•  Important acts to safeguard women:
  

  Dowry Prohibition Act	1961
  The Prohibition of Child Marriage Act	2006
  The Factories (Amendment) Act	1986
  Indecent Representation of Women (Prohibition) Act	1986
  Commission of Sati (Prevention) Act	1987
  The Protection of Women from Domestic Violence Act	2005