CONTENTS

ABOUT THE ISSUE

HUMAN RIGHTS: A NECESSITY
ENVIRONMENT FOR HUMAN RIGHTS IN THE
COUNTRY
HUMAN RIGHTS AND VULNERABLE GROUPS
EVALUATING THE STATUS OF WOMEN
RIGHTS IN INDIA
JUVENILE JUSTICE SYSTEM IN INDIA
EDUCATIONAL RIGHTS OF CHILDREN
HUMAN RIGHTS AND THE ROLE OF
JUDICIARY
SOCIAL JUSTICE IN THE INDIAN CONTEXT
JUDICIARY AND SOCIAL JUSTICE
PROTECTING HUMAN RIGHTS IN INDIA

ABOUT THE ISSUE

It took us the horror of two world wars to realize

and accept that peace and freedom in the true
sense can be achieved only if we respect the
inherent dignity of every individual and are
committed to establishing social, political and
economic orders that are fair and just for all. The
Universal Declaration of Human Rights may not
be legally binding on nations, but as part of the
customary international law, it does affect the
national conscience and subject moral pressure
on countries to work towards securing rights and
justice for their people.
For a country like India whose commitment to
this objective is amply visible in its Constitutional
provisions, the actual attainment of the end is
certainly not easy. To start with, probably no
other country in the world has to reckon with as
many potentially divisive, diverse forces as ours.
There are differences of region, religion, sex,

caste and language. There are differences in

economic status and educational attainment.
Then there are people with physical and age
related disabilities, those rendered homeless
due to internal conflicts, natural disasters,
industrialization and such other reasons, whose
rights need to be protected. Economic
development and rapid urbanization have
contributed their own sets of vulnerable
population groups the migrants, the slum
dwellers, the industrial labourers, and those
affected by deterioration of environment. So
when India talks of securing human rights and
social justice for all, she is not talking about a
small, manageable, largely homogenous
population. She is actually talking about
securing the rights of more than a billion people,
immensely heterogeneous in their diversity and
often having interests that appear to be in direct
conflict with those of another group.
While the government is taking rapid strides in
the area of ensuring inclusive growth, caste and
region based differences still exist in the
common psyche.
Environment for Human Rights in The
Country

Human rights have been recognized as

standards of achievements and norms of
behaviors of all members of society, in particular
the Government and its agencies. Human Rights
form the foundation of society, and without its
observance, society would disintegrate. Society
can be maintained only by protecting and
promoting dignity of human beings.
The basic Charter of Human Rights is found in
Magna Carta, American War of Independence
and French Revolution. These positive rights
required positive action involving the use of
resources and in 1948, Universal Declaration of
Human Rights was adopted by the United
Nations which included both civil and political
rights as well as economic, social and cultural
rights.
Human rights needed to be considered in totality
as human dignity is by its nature indivisible. It
was not enough merely to protect individual
rights like civil, political, economic etc, without
looking at the whole picture, as people were
doing. We needed protection that was
sustainable. Adequate steps needed be taken to
build up mechanisms to safeguard these human

rights in entirety.
Social justice, as the American philosopher John
Rawls pointed out, is predicated on the idea that
a society can be regarded as egalitarian only
when it is based on principles of equality and
solidarity, where human rights are valued and
the dignity of every individual upheld. A just
society is one which provides a degree of
protection to its weaker, differently-abled and
less gifted members. It is not one where the law
of the jungle prevails, where might is right. In a
civilized society, reasonable constraints are
placed on the ambitions and acquisitiveness of
its more aggressive members and special
safeguards provided to its weaker and more
vulnerable sections. These considerations are
basic to any scheme of social justice and their
neglect will brutalize society.
In a limited sense, the right to social justice may
be said to be the right of the weak, aged,
destitute, poor, women, children and other
underprivileged persons, to the protection of the
State against the ruthless competition of life. It is
a bundle of rights, in another sense it is a
preserver of other rights. It is the balancing
wheel between haves and have-nots.

HUMAN RIGHTS: A NECESSITY

Our Constitution makers were fully alive to the
need for providing safeguards to the weaker
sections of society as is evident from the
Preamble to the Constitution and Part IV of the
Constitution, that is, the Directive Principles of
State Policy. Social justice has become a
pressing issue across the world, especially in
the larger context of globalization, which is
altering traditional roles and relationships
between states and their citizens and throwing
up multiple challenges to the realization of socioeconomic justice, whether in the form of the
devastating financial crisis, the rising cost of
essential food commodities, or the growing
influence of transnational bodies such as the
WTO, IMF, World Bank and Multinational
Corporations.
Nations with an overwhelming majority, defining
development as a composite right where all
human rights civil, political, economic, social,
cultural as well as other rights such as the rights
of children and women, are realized. Thus
human rights were given new a dimension and
content. Development was described as

comprehensive economic, social and political

process where all rights can be realized, and not
merely as increase of GDP or rise in volume of
employment or export promotion. Development
necessarily entails economic growth, but this
growth has to be equitable, participatory,
accountable and transparent. The right to
development is something which cannot be
realized immediately. Right to food, health,
education, employment, standards of living need
to be realized progressively in phased manner,
summing up to the right to development, and
ultimately to human development. Human
development means expansion of freedom and
ensuring peoples ability to lead lives of their
choice, with the removal of obstacle such as
hunger, malnutrition, ill- health, illiteracy and
economic insecurities.
The pursuit of social justice has become
imperative in this day and age. However, while
governments find it increasingly difficult to deny
citizens their basic rights, there are deep- seated
and well-entrenched socio- economic structures
that continue to pose a colossal challenge to the
realization of a just and equitable social order.
Broadly speaking, social justice stems from the
idea that all human beings are entitled to the

fulfillment of certain basic needs and rights,

regardless of their social differences such as
economic disparity, class, gender, race, ethnicity,
religion, age, sexual orientation, disability or
health.
While historically, all religions have preached the
equality of individuals and fair treatment, it was
the Universal Declaration of Human Rights
(UDHR), which perhaps for the first time,
formally acknowledged the importance of legally
guaranteeing and protecting human rights of
people across national divides. The UDHR
together with the International Covenant on
Social and Economic Rights and the
International Covenant on Civil and Political
Rights, contain progressive provisions that aim
at promoting social justice globally.
Efforts are thus essential to continue to be
actively engaged in the protection and promotion
of the rights of the weaker sections of the
Society through various programmes such as
social and educational empowerment, labour
welfare, supplementary and continuing
education, rehabilitation for the physically and
mentally challenged, sustainable livelihood, and
womens empowerment, among a host of

others.
While human rights institutions like the NHRC
have a significant role in the promotion and
protection of human rights in all spheres
including social, economic, political and cultural,
these can at best work as catalysts in assisting
in efforts towards protecting and promoting
human rights of the most vulnerable groups. The
contributions of civil society actors and the state
are just as crucial in this noble endeavor . In this
regard, I believe the approach should be, think
globally and act locally. It is only when we
combine our efforts and energies in a symbiotic
and enabling partnership that we will become, to
quote Mahatma Gandhi, be the change we wish
to see. Let us draw inspiration from the lives of
great men like Mahatma Gandhi in building a
new India, a great India based on social justice.
HUMAN RIGHTS AND VULNERABLE GROUPS
Evaluating the Status of Women Rights in
India
Promoting empowerment requires that
organisations review their structures and
procedure to increase accountability and
responsiveness to women whose empowerment

they aim to support we are in the midst of a

great revolution in the history of women.
The evidence is everywhere; the voice of
women is increasingly heard in Parliament,
courts and in the streets. While women in the
West had to fight for over a century to get some
of their basic rights, like the right to vote, the
Constitution of India gave women equal rights
with men from the beginning. Unfortunately,
women in this country are mostly unaware of
their rights because of illiteracy and the
oppressive traditions.
The words of Dr Ambedkar, father of the Indian
Constitution on empowerment of women stands
relevant in todays context. He had described
that the best religion in the world is the one
which teaches liberty, equality and fraternity
these are undoubtedly true in todays context n
all sectors particularly in respect of women in
India.
The Constitution of India guarantees equality of
sexes and in fact grants special favours to
women. These can be found in three articles of
the Constitution. Article 14 says that the
government shall not deny to any person

equality before law or the equal protection of the

laws. Article 15 declares that government shall
not discriminate against any citizen on the
ground of sex. Article 15 (3) makes a special
provision enabling the State to make affirmative
discriminations in favour of women. Moreover,
the government can pass special laws in favour
of women. Article 16 guarantees that no citizen
shall be discriminated against in matters of
public employment on the grounds of sex. Article
42 directs the State to make provision for
ensuring just and humane conditions of work
and maternity relief.
There is no doubt that all, the Constitution
imposes a fundamental duty on every citizen
through Articles 15 (A) (e) to renounce the
practices derogatory to the dignity of women.
All these are fundamental rights. Therefore, a
woman can go to the court if one is subjected to
any discrimination. When we talk about
constitutional rights of women in India, we
mainly refer to those areas where there is a
tradition or tendency for discrimination against
women, and special laws have been formulated
to fight those tendencies. The most important
issues are those pertaining to marriage,

children, abortion, crimes against women, and

inheritance.
Women have now not only found their place in
work places but are also party to governance. In
recent years there have been explicit moves to
increase womens political participation Women
have been given representation in the
Panchayati Raj system as a sign of political
empowerment. There are many elected women
representatives at the village council level. At the
central and state levels too women are
progressively making a difference. Today we
have women Chief Ministers in five large states
of India. The Womens Reservation Bill is slated
to further strengthen political participation.
Women empowerment is essentially a down to
top process rather than a top-down strategy i.e
the strategy for women empowerment should
start from the gross root level. Genuine women
empowerment also requires women to have a
voice and role in decision making. Recent
experience suggests that gender planners
working towards empowerment must develop
ways of enabling women themselves to decide
what their gender interests are and how to bring
about change. Promoting empowerment

requires that organisations review their

structures and procedures to increase
accountability and responsiveness to women
whose empowerment they aim to support.
Some of the main hurdles for the actual
empowerment of women in India are ignorance
and illiteracy. Among the real life problems that
the grassroots women face are lack of
experience, stereo typed cultural attitudes, lack
of confidence, lack of economic empowerment
and illiteracy, burden of domestic chores and
ignorance of procedures and the law, weak
linkages between the government and other
machineries , weak delivery mechanisms,
changing policy environment, lack of knowledge
as to how to avail institutional support to address
their issues.
Though the governments, both at the centre and
in the states have taken various steps to
address the issue of empowerment of women,
practical experience suggests that the actual
progress made is very minimal. Unless
awareness generation in this regard is taken up
on a war footing by women groups and NGOs,
no governmental effort would become a
success. Hence the need of the hour is to create

a campaign at all levels among the rural masses

to spread the message of women power and to
utilize the opportunities created by the
government at various levels. This alone would
help ensure that women are able to enjoy their
rights fruitfully.

Juvenile Justice System in India

The concept of juvenile justice in India owes
much to the developments that have taken place
in western countries, especially in the perception
of children and human rights jurisprudence in
Europe and America. The Apprentices Act, 1850
was the first legislation that laid the foundation of
juvenile justice system in the country. The
concept consequently gained momentum with
the enactment of the Indian Penal Code (1860),
the child offender should be treated differently
from an adult offender. It also held that
imprisonment of child offenders should be
prohibited and recommended for provision of
reformatory schools and constitution of
childrens courts with procedures informal and
elastic as possible. The Committee also drew
attention to the desirability of making provisions

and special enactment for children who had not

committed crime so far, but could do so in the
near future on account of living in criminal or
inhuman surroundings or those without proper
guardians or homes.
Development of Juvenile Justice System in India
Independence ushered in a new era for children
in the country. The Constitution of India took
care of survival, development and protection
needs of children by making relevant provisions
in Fundamental Rights and Directive
Principles of State Policy.
The 1960 Children Act, provided for the care,
protection, maintenance, welfare, training,
education and rehabilitation of neglected and
delinquent children. For the first time in India,
the Children Act prohibited the imprisonment of
children under any circumstance. It provided for
separate adjudicatory bodies a children court
and a child welfare board to deal with
delinquent and neglected children. The Act also
introduced a system of three-tier institutions,
namely, an observation home for receiving
children during the pendency of their

proceedings, a childrens home for

accommodating neglected children, and a
special school for delinquent children. It,
however, introduced a sex discriminatory
definition of child. Child in case of a boy was one
who was below 16 years and in case of a girl
below 18 years of age. All states subsequently
enacted similar, but not exactly the same
Children Acts. The definition of the term child
differed from state to state. As a result,
delinquent and neglected children were
subjected to differential treatment emanatin from
the diverse conceptions of child and childhood.
It further guaranteed a wide range of
dispositional alternatives with preference for
family or community-based placement, and a
vigorous involvement of voluntary agencies at
various stages of the juvenile justice process.
The basic ideology for adopting this differential
approach was to save children from devastating
ill-effects of criminalization, penalization and
stigmatization. But the implementation of the JJA
had many loopholes in terms of age
determination, separate trials, court
proceedings, notification of charges to parents
or guardians, filing of reports by probation
officers, reasons for and length of confinement,

rehabilitation and after care of juveniles. The

juveniles were often not provided with a copy of
the rules governing their detention and the
written description of their rights. Many juveniles
housed in institutions run by the government did
not know the purpose of their stay and the future
of their institutionalization. The chasm between
reality and the application of the law was felt all
the more with the adoption of the 1989
Convention on the Rights of the Child (CRC)
and its ratification by the Government of India in
1992. Both provide detailed directions about the
processes to be followed by the juvenile justice
system in dealing with persons below the age of
18. The 1993 World Conference on Human
Rights in Vienna and the successive adoption of
Vienna Declaration and Programme of Action
which urged States to ratify and implement
promptly the CRC too made a definitive impact
on all those concerned with the plight of these
children in India including the government
Juvenile Justice (Care and Protection of
Children) (Amendment) Act 2006
JJA 2000 was further amended in 2006 to make
it clear that juvenility would be reckoned from
the date of commission of offence who have not

completed eighteenth year of age thus clarifying

ambiguities raised in Arnit Das vs State of
Bihar [(2000] 5 SCC 488]. The amendment also
made it clear that under no circumstances, a
juvenile in conflict with law is to be kept in a
police lock-up or lodged in a jail.
National Human Rights Commission and
Measures for Juvenile Justice System
The National Human Rights Commission
(NHRC) is an embodiment of Indias concern for
the promotion and protection of human rights.
Ever since the NHRC came into existence, it has
been concerned about the plight of juveniles
who come in conflict with law and children who
are in need of care and protection. While the
Law Division of the NHRC has been dealing with
complaints; the Policy Research, Projects and
Programmes Division of the NHRC has been
monitoring the implementation of the related Act
at the national level as well as studying and
recommending effective application of those
international instruments that intend to improve
the overall functioning of the juvenile justice
system in the country. Some instances of NHRC
intervention in this regard are given below.

Conclusion
Undoubtedly, juveniles in conflict with law and
children in need of care and protection are
defenseless and they need special protection.
The state guarantees special treatment to them
through statutory law. However, in practice, they
often get victimized by legal and procedural
entanglements. They are more prone to human
rights violations at the hands of state agencies,
their own family and community in the form of
arbitrary detention, cruel punishments, torture
and abuse. In recent years, the problems of
children in need of care and protection and
those in conflict with law has been receiving
considerable attention both of the government,
NHRC, social activists as well as the civil society
at large. But, the problems encountered by them
are of gigantic nature and all that is being done
is not sufficient. If the problems faced by them
are not taken into account, we as a society
would be failing in our duties. It is therefore of
paramount importance that as a society we must
devote full attention to ensure that they are
properly cared for so that they have their rightful
place in the society. For this to happen, there is
need to spread awareness on the problems

faced by them as well as build-up the capacities

of all those dealing with them.

Human Rights and the Role of Judiciary

THE principle of universality of human rights is
the cornerstone of international human rights
law. This concrete expression to universality.
Some fundamental human rights enjoy universal
protection by customary international law across
all boundaries and civilizations.
The Indian judiciary has established several
norms, laws and guidelines by delivering several
verdicts in the context of human rights and
social justice principle, as first emphasized in the
Universal Declaration on Human Rights in 1948,
has been reiterated in numerous international
human rights conventions, declarations, and
resolutions. The 1993 Vienna World Conference
on Human Rights, for example, noted that it is
the duty of States to promote and protect all
human rights and fundamental freedoms,
regardless of their political, economic and
cultural systems.

Human rights are rights inherent to all human

beings, whatever their nationality, place of
residence, sex, ethnic origin, colour, religion,
language, or any other status. We are all equally
entitled to our human rights without
discrimination. These rights are all interrelated,
interdependent and indivisible.
Non-discrimination is a cross- cutting principle in
international human rights law. The principle is
present in all the major human rights treaties
and provides the central theme of some
international human rights conventions such as
the International Convention on the Elimination
of All Forms of Racial Discrimination and the
Convention on the Elimination of All Forms of
Discrimination against Women.
The principle applies to everyone in relation to
all human rights and freedoms and it prohibits
discrimination on the basis of a list of nonexhaustive categories such as sex, race, colour
and so on. The principle of non-discrimination is
complemented by the principle of equality, as
stated in Article 1 of the Universal Declaration of
Human Rights: All human beings are born free
and equal in dignity and rights.

Human rights & Indian Constitution:

The Universal Declaration of Human Rights in
1948 by United Nation had a great impact on the
constitution of the newly independent India. A
separate chapter on fundamental rights has
been included in the Constitution which is similar
to the Declaration of Human Rights.
Independent India has no history of movement
for Human Rights as the provision has been
already made in the Constitution in the form of
fundamental rights. The doctrine of human rights
contains equality, justice, liberty and fraternity,
which are also the basis of fundamental rights.
Article 21 of our Constitution provides all this
with the protection of Article 32 by which an
individual can draw attention of Judiciary
towards any injustice done on the basis of sex,
race, caste and religion. Our constitution has
provided a mechanism for implementation of
such rights and laws.
The Indian Judiciary has played a significant role
in this context and extended the scope and limit
of human rights with the help of Directive

Principles. While widening the definition of

Article 21, [Right to live] judiciary has included
subjects like health, education, medical aid, food
etc, which are basic requirements of human
being. We know the importance of human rights
and our Constitution and judiciary are committed
towards justice for common people. We are also
committed towards the declaration of Human
Rights for all made by United Nations.
Judicial Response towards Human rights :
Every legal system is based on three basic
principles i.e. justice, equity and rule of law.
Every person possesses certain rights that may
be fundamental or natural, given to him by law.
To protect these rights and to make amends for
wrong , we have established the judicial system.
The Indian judiciary has established several
norms, laws and guidelines by delivering several
verdicts in the context of human rights and
social justice.
The right to live in peace is a basic and essential
right in the context of human rights and
freedoms. Article 21 of the Constitution of India,
provides that, No person shall be deprived of his
life or personal liberty except according to

procedure established by law.

Life in Article 21 of the Constitution has much
wider meaning which includes right to live with
human dignity, right to livelihood, right to health,
right to pollution free air, etc. Right to life is
fundamental to our very existence without which
we cannot live as human beings and includes all
those aspects of life which go to make a mans
life meaningful, complete and worth living. It is
the only article in the Constitution which has
received the widest possible interpretation.
Supreme Court, through its various decisions
has elaborated the concept of Article 21.
In the Delhi Pollution Case, the Supreme Court
held in 1989 that Article 21 of the Constitution
guaranteeing the right to life must be interpreted
to include the right to live in a healthy
environment with minimum disturbance of
ecological balance, and without avoidable
hazard to [the people] and to their cattle, house
and agricultural land, and undue affection of air,
water, and environment. The subsequent ruling
In Francis Coralie Mullin v Administrator, Union
Territory of Delhi, the Honourable Supreme
Court stated that, the right to life includes the
right to live with human dignity and all that goes
along with it, namely, the bare necessaries of life

such as adequate nutrition, clothing and shelter

over the head and facilities for reading, writing
and expressing oneself in diverse forms, freely
moving about and mixing and commingling with
fellow human beings. Thus , the Supreme Court
has interpreted Article 21 in a widest possible
manner and included within its ambit the right to
live with human dignity.
Protection of Human Rights and PIL :
The Indian judiciary played a very active role by
entertaining Public Interest Litigation which
provides an opportunity to the judiciary to
examine the socio- economic and environmental
conditions of the oppressed, poor and the
downtrodden people through PIL. Under the
Article 32 of the Constitution the Supreme Court
has directed the government to implement the
fundamental right to life and liberty and execute
protection measures in the public interest.
The Public Interest Litigation has become a
safeguard to Human Rights. The principle and
practice of PIL has been followed by High Courts
and the Supreme Court in a number of cases.
The some of the famous cases where the court

has issued direction under PIL and protected the

human rights of individuals are Bihar
[Bhagalpur] under trail criminal case, the case of
Bombay pavement dwellers , Bandhua Mukti
Morcha Vs. Union of India. etc. Chief Justice
P.N. Bhagwati observed, where a legal wrong or
legal injury is caused by a person to a
determinate class of persons, who by reasons of
poverty, helplessness or disability, or socially
and economically disadvantaged position, is
unable to approach the court for relief, any
member of the public can maintain an
application for appropriate direction [S.P. Gupta
Vs.Union of India,SC 1982]
The first reported case of PIL in 1979 focused on
the inhuman conditions of prisons and under trial
prisoners. In Hussainara Khatoon v. State of
Bihar, [AIR 1979 SC 1360] the PIL was filed by
an advocate on the basis of the news item
published in the Indian Express, highlighting the
plight of thousands of under trial prisoners
languishing in various jails in Bihar. These
proceedings led to the release of more than 40,
000 under trial prisoners. Right to speedy justice
emerged as a basic fundamental right which had
been denied to these prisoners. The same set

pattern was adopted in subsequent cases. The

court also read right to free legal aid as a
fundamental right of every accused.
Independence of the judiciary in India stems
from the separation of powers between the
executive, the legislature and the judiciary,
making it possible to constitute a system of
checks and balances aimed at preventing abuse
of power. This separation and consequent
independence is the key to the judiciarys
effective functioning and upholding of the rule of
law and human rights. Without the rule of law,
there can be no realization of human rights. The
role of the judiciary in any society must be to
protect human rights by way of due process and
effective remedies. This role cannot be fulfilled
unless the judicial mechanism is functioning
independently, with its decisions based solely on
the basis of legal principles and impartial
reasoning.

Social Justice in the Indian Context

If people continue to remain under the influence

of old traditions and beliefs, no amount of

equitable distribution of resources will be
successful in creating a right atmosphere for
social justice the world in the field of sociology,
law and jurisprudence have tried to define social
justice in their own way. The result is that the
term has come to assume varied interpretations.
In modern times, man as the measure of all
things has come to occupy the most important
position in any concept of social justice in
modern democracies. In democracy, the
individual is treated as an end in himself, and
any concept of social justice must be based on
this basic principle. Social Justice means that
every individual is given full opportunities to
develop his capacities and this opportunity is
given to maximum number of persons in society.
The creation of social justice means the creation
of an environment in which every individual has
got unreserved and unhindered op portunity for
physical and intellectual development. In
removing disabilities arising from caste, sex,
race, colour, creed, religion or nation ality, and
providing opportunities in a positive way with a
view to developing individual faculties lies the
essence of social justice.

Social Justice in India

To begin with, let us turn to the Preamble of the
Indian constitution which stands for
Justice, social, economic and political. The
constitution framers wanted social justice in a
comprehensive sense. Let us analyse the
implications of economic, political and social
justice in the context of India.
Economic Aspects
In the constitution the basic objectives of justice
were set forth as The Directive Principles of
State Policy which stated that The state shall
strive to promote the welfare of the people by
securing and protecting, as effectively as it may,
a social order in which justice, social, economic
and political, shall inform all the institutions of
national life.
Further that The State shall, in particular, direct its policy
towards securing (a) That the citizens, men and

women equally, have the right to an adequate

means of livelihood (b) That the ownership and
control of the material resources of the com
munity are so distributed as best to serve the
common good; (c) That the operation of the
economic system does not result in the
concentration of wealth and means of production
to the common detriment.
Thus the concept of social justice on the
economic side demands a guarantee of: (i) work
to every able bodied citizen; (ii) satisfaction of
basic needs of every individual and (iii) provision
of equal opportunity to every citizen to develop
his potential. The disparities in income should
not be such as to create an unbridgeable gulf
between the rich and the poor leading to
conflicts and unrest. To achieve economic
Justice, the government in India has adopted a
socialist pattern of society as its goal, and it is
practicing planned development of the economy
of the country. The basic premise in Indias Five
Year Plans is that, through democracy and
widespread public participation, development
along socialist lines will secure rapid economic
growth and expansion of employment, reduction
of disparities in income and wealth, prevention
of concentration of economic power, and

creation of the values and attitudes of a free and

equal society. However, in spite of years of
planning, even the minimum economic
requirements of social justice have not been
achieved in India. Millions of able bodied citizens
are unemployed, millions are living in miserable
conditions, suffering hunger and semi-starvation;
the gulf between the rich and the poor is
widening. Prices are rising higher and higher,
and a large percentage of the population finds it
difficult to make ends meet.
Political Aspect
In the field of politics, justice means: equality
before law, enjoyment of civil liberties and
equality of opportunity. One may emphasize
here the following in particular:
(1) The state should not distinguish between
citizen and citizen on the basis of sex, creed,
colour, caste, or religion.
(2) The state should not give any
preferentialtreatment on the basis of religion.
(3) Rule of law with independent and impartial
judiciary as a protector of fundamental rights
should be guaranteed.

(4) Basic freedoms like freedom of speech,

expression, criticism, freedom to hold meetings
and organize parties, freedom of the press etc.;
should be guaranteed.
Freedom is the corner stone of any concept of
justice. Closed societies, which deny freedom to
individuals, also deny social justice. The concept
of social justice prevails in real democracies or
open societies because they treat man as an
end and provide him freedom to develop his
personality. No doubt we have all the ingredients
of social justice in its political aspect, but many
find the wide powers of the executive, e.g.
Emergency Proclamation a threat to freedom.
Further, the Preventive Detention Act is the
greatest danger to individual liberty in India.
Social Aspects
Every individual in society should feel that
he/she is an important and useful member, that
he/she has full opportunities to develop his/her
faculties, that there are no disabilities attached
by birth, and that he/she is not subjected to
discrimi nation on the basis of sex, colour, creed,

caste or religion. Unfortunately in India there are

sections of society which are denied social
justice either on the basis of sex, or birth or
religion. Scheduled Castes and Scheduled
Tribes have been suffering great social injustices
and disabilities by birth. They are condemned to
a position of inferiority and subordination to the
higher castes. Our social heritage is partly
respon sible for this unfortunate phenomenon,
but it is also our fault that we have not changed
with the changing times. Caste system
continues to be oppressively hierarchical in
many parts of the country, despite constitutional
safeguards and laws against it.
Another important section of society which has
suffered a great deal of social injustice in India is
women. This again is both due to our social
traditions and due to our resistance to change. It
is heartening to note, however, that the
conscience of India has already awakened to
this aspect of social injustice and it is on the way
out gradually.
Another hindrance in the way of achieving social
justice in India is the wrong interpretation of fate
and Karma. People think that their position in
society is pre- determined by their past actions.
If they are poor or treated badly by society, they

blame it on their past sins and bad actions rather

than fighting injustice and making efforts to
improve their lot. This attitude needs to be
changed in order to create a proper climate and
atmosphere for achieving social justice.
Educational Rights of Children
EDUCATION is an index of harmonious
development. It becomes more important to
persons speech, physical, cognitive, or sensory
impairments are unable to participate in
education. The purpose of education is to
enable a child to learn, develop their innate
Schools must change in order to accommodate
student diversity, so that there is no need to
segregate some because they might have
different needs or abilities with disabilities for
their development and for enjoying life as
independently as possible. There may be
differences in individual ability but each
individual contributes to society. Education as a
tool empowers the individual to contribute
positively in the process of development of
society and nation. Therefore, it is a social
responsibility to ensure full development of all

types of individuals in order to ensure efficient

use of their abilities. Disabled children are often
excluded from education as a result of societys
lack of knowledge about impairments in general,
and the negative attitudes and stigma attached
to them. Social prejudices assume that children
with learning capabilities fully and participate
meaningfully in the progress of society.
Education plays a critical role in promoting
childrens development and in preparing them
for adult life as active participants in the local
community and society, more so for a child who
is differently abled.
Persons with disabilities have a right to lead
lives of dignity and self-respect. They can enjoy
their rights only if they get adequate opportunity
to pursue their education in a wholesome way
that leads to the realization of their self worth
and ability, and their acceptance and respect by
society. For this goal to be realized, it is
essential that their education is not imparted in
an atmosphere of exclusion rather, a
wholesome, inclusive education is the only
means for achieving such an end.
The concept of human rights for disabled
persons began to become more accepted

internationally in the 1970s. Article 26 of the

universal Declaration of the Human Rights
(1948) states that ,education shall be directed to
the full development of the human personality
and to the strengthening of respect for human
rights and fundamental freedom. It shall promote
understanding, tolerance and friendship among
all nations, social or religious groups and shall
further the activities of the United Nations for the
maintenance of peace.
Together, these documents recognize that
education is a human right of every child.
Following Articles of the Indian Constitution,
reflect the commitment to provide education to
all, including children with special needs.
Article 15: The state shall not discriminate
against any citizen on grounds of religion, race,
caste, sex, place of birth or any of them.
Article 21A: provides for free and compulsory
education to children in the 6-14 age groups as
a Fundamental Right in the Constitution of India.
Consequent to this insertion the existing Art 45
in the Directive Principles was replaced and
made applicable to children in the 0-6 age

group.
Article 29(2): Provides that no citizen shall be
denied admission into any Educational
Institution maintained by the state.
Article 41: the state shall, within the limits of its
economic capacity and development, make
effective provision for securing the right to work,
to education and to public assistance in cases of
unemployment, old age, sickness and
disablement, and in other cases of undeserved
wants.
Article 45: Directs the state to provide free and
compulsory education for all the children until
they attain age of 14 years.
Article 46: - shall 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.
Though several international and national
initiatives have already been taken but we are
still very far from achieving the goal of education
for all. The attainment of this goal cannot be

considered complete till we are able to provide

an inclusive education to the disabled.
Judiciary and Social Justice
Our judiciary has played a key role in enforcing
social justice and made our legal system more
accessible and responsive to the diverse needs
of various sections of society mainly with
allocation of benefits, goods and services as
well as burden among the members of society,
particularly in scarce situation. Therefore, the
term social justice, implies a reordering of social
life in such a manner that the material and moral
benefits of social effort are not cornered by a
tiny privileged class but accrue to the masses to
ensure the uplift of the lower, weaker and
underprivileged sections. This involves a logical
synthesis of liberty, equality and fraternity.
Our constitution elaborately deals with such
process under Part IV i.e. Directive Principles of
State Policy (DPSP). The DPSP strengthen and
promote the concept of social justice by seeking
to lay down some socio-economic goals which
the various governments in India have to strive

to achieve. But Article 37 makes DPSP nonenforceable by court of law. However, our
judiciary has left no stone unturned to enforce
DPSP and invented new ways, wherever
needed, to enforce it. Wherever the Executive
failed in enforcing DPSP, the Judiciary stepped
in. The advent of Public Interest Litigation (PIL)
jurisdiction under Article 32 coupled with liberal
interpretation of various Articles like Art.
14,19,21,32 and 226 etc. has ushered in a new
era in modern India, where Judiciary is not only
seen as guardian of the Constitution but also as
guardian of poor and marginalized sections of
society.
In Consumer Education & Research Centre v.
Union of India AIR 1995 , Honorable Supreme
Court elaborated on the theme of social justice
envisioned in the Preamble to the Constitution
and Part IV.
JUSTICE IS concerned with human dignity.
Social justice is a dynamic device to mitigate the
suffering of poor, weak, dalits, and tribals and
the deprived sections of the society and to
elevate them to the level of equality to live a life
of dignity. The aim of social justice is to attain
substantial degree of social, economic and

political equality.
By reading Art. 21 with the DPSP, the Supreme
Court has derived therefrom a bundle of rights.
To name a few of these: The right to live with
human dignity. (Bandhua Mukti Morcha v. Union
of India AIR 1984) Right to free legal aid. Right
to health and social justice has been held to
fundamental right of workers. This right has
been derived from Art. 21 read with Art 39(e),
41, 43 and 48A.
These are a few examples of various rights
intricately connected with the mandate of social
justice, which our Judiciary has evolved and
invoked. In brief, read with various Directive
Principles, Art. 21 has emerged as a multidimensional Fundamental Right. Art. 14 and Art.
39(d), read together, have led to the emergence
of the principle of equal pay for equal work.
In recent decisions of Supreme Court, one can
find extensive reference to Human rights. Today,
human rights jurisprudence in India has
Constitutional status , said Krishna Iyer, J., in
Sunil Batra (no. 2) v. Delhi Administration, AIR
980 SC 1579 . , that in interpreting constitutional

and statutory provisions the Court should not

forget the core principle found in Universal
Declaration of Human Rights, 1948. This is a
welcome trend. This approach will go a long way
in inculcating a sense of accountability in public
authorities discharging public duties towards the
people and particularly towards the weaker
sections of society. In this way, our Judiciary has
played a key role in enforcing social justice and
made our legal system more accessible and
responsive to the diverse needs of various
sections of society.
PROTECTING HUMAN RIGHTS IN INDIA
What was the first global expression of Human
Rights ?
The first global expression of human rights came
in 1948, just after the second world war, in the
form of the universal Declaration of Human
Rights adopted by the UN General Assembly.
The declaration recognizes that human beings
are inherently entitled to certain rights; justice
and peace in the world can be established only if

the human dignity of all people is respected, and

disregard for the same outrages the conscience
of mankind. The declaration recognizes freedom
of speech, belief, freedom from fear and from
want as the highest aspiration of people. The
International Bill of Human Rights which consists
of the Universal Declaration of Human Rights,
the International Covenant on Economic, Social
and Cultural Rights , and the International
Covenant on Civil and Political Rights and its
two Protocols, took on the force of international
law in 1976. Subsequently, the Vienna
Declaration and Plan of action were adopted in
1993. This declaration established the
interdependence of democracy, economic
development, and human rights; brought in the
concept of rights being indivisible,
interdependent, and inter-related and led to the
creation of the post of United Nations High
Commissioner for Human Rights . India is also a
signatory to the Vienna declaration.

What is the main framework for protecting

human rights in India ?

The main framework for protecting human rights

in India is provided by the Protection of Human
Rights Act, 1993. This has been enacted
pursuant to the directive under Article 51 of the
Constitution and also the commitments taken at
the Vienna conference. It defines human right as
the right relating to liberty, equality and dignity of
the individual guaranteed by the Indian
constitution as embodied in the fundamental
rights and the International covenants
(International Covenant on Civil and Political
Rights and the International Covenant on
Economic, Social and Cultural Rights .The Act
provides for the constitution of a National
Human Rights Commission, State Human
Rights Commission in States and Human Rights
Courts for better protection of human rights and
for matters connected therewith.

What functions does the Act assign to the

National Human Rights Commission ?
According to the Act the Commission is required
to inquire, into violation of human rights, or
abetment or negligence in the prevention of

such violation, by a public servant; intervene in

any proceeding involving any allegation of
violation of human rights pending before a court
with the approval of such court; visit, any jail or
any other institution under the control of the
State Government, where persons are detained
or lodged for purposes of treatment, reformation
or protection to study the living condition of the
inmates and make recommendations thereon ;
review the safeguards under the Constitution or
any law for the time being in force for the
protection of human rights and recommend
measures for their effective implementation;
review the factors, including acts of terrorism
that inhibit the enjoyment of human rights and
recommend appropriate remedial measures;
study treaties and other international
instruments on human rights and make
recommendations for their effective
implementation; undertake and promote
research in the field of human rights; spread
human rights literacy among various sections of
society and promote awareness of the
safeguards available for the protection of these
rights through publications, the media, seminars
and other available means; encourage the
efforts of non - Governmental organizations and
institutions working in the field of human rights;

such other functions as it may consider

necessary for the promotion of human rights.
What is the objective for setting up Human
Rights Courts ?
The human rights courts are set up for the
purpose of providing speedy trial of offences
arising out of violation of human rights. As per
the Act the State Government may, with the
concurrence of the Chief Justice of the High
Court, specify for each district a Court of
Session to be a Human Rights Court to try the
said offences. For every Human Rights Court,
the State Government is required to specify a
Public Prosecutor or appoint an advocate who
has been in practice for not less than seven
years, as a Special Public Prosecutor for the
purpose of conducting cases in that Court.
How does the National Human Rights
Commission function ?
The NHRC takes up cases either on its own
initiative or on the basis of complaints received.

It has all the powers of a civil court trying a suit

under the Code of Civil Procedure, 1908,
particularly with regard to summoning and
enforcing the attendance of witnesses and
examining them on oath; discovery and
production of any document; receiving evidence
on affidavits; requisitioning any public record or
its copy from any court or office; issuing
commissions for the examination of witnesses or
documents; any other matter which may be
prescribed. The Commission has its own
investigating staff headed by a Director General
of Police for investigation into complaints of
human rights violations. Under the Act, it is open
to the Commission to utilise the services of any
officer or investigation agency of the Central
Government or any State Government. The
Commission has also associated non Governmental organizations in many cases.
What steps can the NHRC take once it
establishes of violation of human rights ?
The NHRC can recommend to the concerned
government to initiate action against the guilty, it
can recommend grant of immediate relief to the

victim or his family and it can also approach the

Supreme Court or High Courts for orders that
they may deem necessary. The concerned
government is required to indicate the action
taken on the Commission_s
recommendations within one month in general
cases and three months in cases concerning the
armed forces.

How can complaints be made to the

Commission ?
Self contained complaints can be made in Hindi,
English or any other language in the Eighth
Schedule of the Constitution . Additional
documents or affidavits can be asked for. The
commission also has the discretion for accepting
complaints telegraphically or through the FAx,
email or the mobile telephone number of the
Commission. However, complaints are not
accepted if the event referred to is more than a
year old, or the matter is sub- judice, vague,
anonymous, pseudonymous, frivolous or
pertaining to service matters.

CONCLUSION
To sum up, if we want to ensure social justice in
the country in its totality, that is on the economic,
political as well as social fronts, the government
and the society at large would need to work
together. Economic planning, industrialization,
urbanization, just distribution of economic
benefits and rewards, state legislation on social
matters etc. will only partially solve the problem
of social justice. These remedies by themselves
cannot guarantee the highest possible
development of persons which is-the goal of

social justice. Change in social values, social

attitudes and social institutions is fundamental
for achieving social justice. If people continue to
remain under the influence of old traditions and
beliefs, no amount of equitable distribution of
resources will be successful in creating a right
atmosphere for social justice. The basic thing is
education. Change should begin within.
Education should create a spirit of enquiry in the
minds of the people. It should create a power of
questioning the validity of social traditions and
social institutions. Education should encourage
inquisitiveness expressing itself in such
questions why should this social value be
observed? In this way a climate will be created
in which we can achieve social justice. We need
education that does not blindly pass on
traditional beliefs, but one that views it critically
and selects from it, rejecting that which is
obviously retrograde. A scientific system of
education which creates healthy skepticism in
the minds of the people, and which gives pride
of place to reasons and rational thinking is the
only road to salvation.
In the end, it is the need of the hour to take
human rights in a positive sense and not allow
its politicization. It has often been seen that
human rights movement start with great

principles like morality, ethics, respect of human

beings etc, but soon become the instruments of
power game. To prevent this, we must educate
the masses about -their rights and duties and
help them fight for the same.