Social Justice: History, Factory and Ideology
Team SoOLEGAL 24 Feb 2022

Social Justice: History, Factory and Ideology

Social Justice is an equal access to everyone within a Society. 

The notions of social justice are broad and imprecise; issues arise when they are translated into real action. Social justice is a concept that has significance and is influenced by tradition. Political theorists, psychologists, and social workers have all debated what it means to be in the "proper connection" with and between individuals, cultures, governments, and nations.

According to scholar Patrick McCormick, "there is no agreement on whether democracy, equality, unity, or the common good is the basic basis on which to build the superstructure of justice."

Many social justice students perceive its importance in terms of conflicts between individual liberty and the broader social good, stating that social justice is promoted to the extent that we can support the larger good without infringing on particular individual rights. Many people believe that social justice is a principle of equity in the allocation of human rights and responsibilities, economic opportunities, and social situations.

Others define it in terms of three components: legal justice, who is concerned with what people owe society; commutative justice, which is concerned with what people owe each other; and distributive justice, which is concerned with what society owes the individual. From a distributive standpoint, as most social workers refer to it, social justice entails not only approaches to social choices regarding the distribution of goods and resources, but also consideration of the structuring of societal institutions to ensure human rights and dignity, as well as opportunities for free and meaningful social participation.

In Justice as Fairness
In A Restatement, Rawls modifies two essential concepts of social fairness from his earlier work:

1.     Each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties, which scheme is compatible with the same scheme of liberties for all.

2.     Social and economic inequalities must meet two conditions: first, they must be attached to offices and positions open to all under conditions of fair equality of opportunity, and second, they must benefit the least-advantaged members of society the most (the difference principle).

Throughout the Industrial Revolution and later democratic movements in Europe, the word "social justice" originated in the early nineteenth century, with the goal of constructing more equal societies and redressing capitalist exploitation of human labor. Due to the apparent stratifications between rich and poor during this era, early social justice campaigners concentrated primarily on money, land, and wealth distribution.

By the mid-twentieth century, social justice had expanded from being mainly concerned with economics to encompass the environment, racism, gender, and other causes and expressions of injustice. Simultaneously, the social justice metric shifted from being computed and executed solely by the nation-state (or government) to include a universal human component. Governments, for example, still analyze income disparities among persons who share a common citizenship. However, depending on the civilization, social justice might also be regarded. According to the UN, "slaves, exploited laborers, and disadvantaged women are all harmed human beings whose status is less important than their circumstances."

Factors That Challenge Social Justice:
The idea of social justice also necessitates a firm commitment to the protection of human rights and civil freedoms. Disabilities and concerns of other populations, such as physically disabled individuals, child labor, indigenous peoples, and those affected by environmental degradation, drive the social justice agenda as well. So those are the most pressing concerns confronting India. They are at the basis of much of our country's political insecurity, social and ethnic conflicts, as well as the emergence of organized violence and the deterioration of our democratic systems.

Social justice problems, while co-dependent, may be divided into two categories: inter-group care and unfair government control.

·       Inter – Social Treatment
It necessitates categorizing a group(s) of other individuals based on own views and preconceptions. Such biases are particularly frequent in social categories like:

1.     Race-Racial inequality is one of the world's most prevalent social justice challenges. Most states have a history of some form of racial discrimination and prejudice. It has an impact on a racial group's capacity to find job, obtain healthcare, and receive an equitable education.

2.     Religion

3.     Age

4.     Gender/sex- As things stand, worldwide gender equality will take 100 years to become a reality. Obstacles such as the gender wage gap, deteriorating reproductive rights, and uneven educational opportunities keep women at bay. Gender equality, according to social justice activists, is one of the most critical social justice concerns of our day, affecting other issues such as racial equality.

5.     Sexual orientation- People in the LGBTQ+ community endure high rates of violence and discrimination across the world. It has an impact on their capacity to find work, housing, healthcare, and protection, among other things. It is more troublesome in certain nations than others, but even in the most democratic countries, social justice for the LGBTQ+ group is not well-established.

6.     Physical or Mental Abilities.

7.     Educations.

8.     Even in this day and age, society still discriminates against people based on inter-social issues. People are separated based on their religion, and they are called names and even assaulted as a result of their religious affiliation. Some faiths are regarded unequally in society and have a lower social position. However, the major source of prejudice in our culture has been gender/sex. Females, in particular, face discrimination in practically all occupations just because they are female. Women are perceived as being weaker and less efficient than males. Also, they are thought to be emotionally and cognitively weaker than males, which is not always the case. There are several areas where women outperform males. However, according to society, women are meant for housekeeping and not tough labour since they have a distinct bodily structure, strength, and capacity. There are several situations in today's society when women have faced discrimination just because they are female. There are several examples of prejudice against women in athletics in an essay by Nisha Biswas, Hey Women, Tell Me, Are You A Woman? YE SHIEWEN, HELEN STEPHENS, DORA RATJEN, SANTHI, PINKY PRAMANIK, and others.

·       Un – equal Government Regulations
It comprises rules and regulations that purposefully or unintentionally create conditions that impede, limit, or deny a group(s) access to the same opportunities and services as the rest of society. Such regulations may purposefully (explicitly) or inadvertently (inadvertently) create the circumstances for socioeconomic inequality (implicitly). The following are some of the sectors in which diverse government policies frequently result in social inequality and justice:

1.     Educational Laws

2.     Health Care Laws

3.     Environmental Laws

4.     Voting Laws

5.     Policing Laws

6.     Labor Laws

It includes rules and regulations that purposefully or unintentionally create circumstances that restrict, limit, or deny people access to the same opportunities and services as the rest of society. Such regulations can, either intentionally or unintentionally, set the stage for socioeconomic inequity. Many diverse governmental policies, such as educational legislation, health care legislation, environmental legislation, voting laws, labor law, and political legislation, frequently contribute to socioeconomic disparity.

Ideological, Social and Legal Perspective That Safeguard Social Justice
The issue of social justice is linked to the issue of social equality, and the constitution architects were deeply influenced by the feelings of social equality and social justice at the time of independence. For the same reason, phrases such as Socialist, Secular, Democratic, and Republic were included into the Preamble.

The term justice is defined in the Preamble as legal, social, economic, and political. The term justice is protected under many sections of the Indian Constitution's Fundamental Rights and Directive Principles. Social justice means that all individuals are treated equally and without regard for their social status. This assures that the lack of privilege is restricted to a narrow sector of society and that the situation of the low classes (SCs, STs, and OBCs) and women are improved. In accordance with this, economic justice refers to economic considerations such as non-discrimination amongst males.

It entails eliminating visible wealth, income disparities, and property inequities. What is known as "distributive justice" is a combination of social and economic fairness. The Preamble ensures equality of status and opportunity for all Indians.

In Indian society, social unfairness is a major issue. The examination of social stratification in a society based on caste or class is largely concerned with the concept of inequality. On a separate level, Louis Dumont, a French sociologist, explained 'inequality' in the caste system.

Bharat Ratna Babasaheb Dr. B.R. Ambedkar, the Chief Architect of the Indian Constitution, is the man of the millennium for social justice in the sense that he became the deliverer or Messiah of the Dalits, the erstwhile untouchables, Other Backward Classes (OBCs), and women, who account for 95 percent of the Hindu population.

Since time immemorial, that large portion of the population has been forced to live at a subhuman level, thanks to the caste system sanctioned by Hindu scriptures. He was known as the millennium man for social justice because he was the first individual in history to successfully lead a crusade of gaining social justice for broad parts of Indian people by the use of a legislation that effectively annulled the relevant portions of Hindu scriptures.

The Indian Constitution has solemnly promised all its people social, economic, and political fairness; freedom of expression of speech, belief, religion, and worship; equality of position and opportunity; and promotion of the dignity of the individual and communal solidarity among all the fraternity. The Constitution has attempted to reconcile the seemingly incompatible ideas of socioeconomic fairness and individual freedom and constitutional rights by including certain particular sections.

Following Article Grants Rights to People of this Country:

1.      Article 15 – Article 15(1) prohibits discrimination on the basis of religion, race, caste, sex, or place of birth, the Constitution has given special attention to the societal challenge caused by the existence of a high number of persons who are regarded as untouchable. The State should have the authority to establish specific provisions for women and girls, as well as to encourage any backward social and educational groups of people, such as the SC / STs.

2.     Article 16 – In the same way that Article 16(4) requires the State to provide for the resolution of appointments or posts in favour of any disadvantaged class of people who, in the opinion of the State, are not sufficiently represented in the services rendered by the State, Article 16(1) requires the State to provide for the resolution of appointments or posts in favour of any disadvantaged class of people who, in the opinion of the State, are not sufficiently represented in the services rendered by the State.

3.     Article 17 – Article 17 declares that untouchability has been abolished and forbids its continuation in any form, and specifies that maintaining untouchability is a crime punished by law.

4.     Article 19 – The basic rights of the citizens of the country are enshrined in Article 19. The seven sub – clauses of Article 19(1) provide seven distinct types of independence for persons and acknowledge them as constitutional rights.

5.     Article 23 & 24 – Articles 23 and 24 protect fundamental rights from exploitation. Article 24 prohibits employers from employing children under the age of 14 in factories, mines, or other hazardous activities.

6.     Article 38 – The purpose of the state is to maintain a social order that promotes the wellbeing of the people.

7.     Article 39(a) – Certain policy principles must be implemented by the State: The State shall direct its policy toward ensuring that all citizens, men and women alike, have the right to an adequate means of subsistence.

8.     Article 41 – In certain circumstances, the right to employment, education, and public aid within the limitations of its economic ability and growth, the State should make adequate provisions for safeguarding the right to labor, to education, and to public assistance in circumstances of unemployment, old age, disease, and disablement, as well as in other cases of unjustified want.

The notion of justice is the concept of fairness. Social justice is the manifestation of fairness in society. This involves equity in healthcare, work, and housing, among other things. Discrimination and social justice are incompatible concepts.

In Indian society, social unfairness is a major issue. The examination of social stratification in a society based on caste or class is largely concerned with the concept of inequality. On a separate level, Louis Dumont, a French sociologist, explained 'inequality' in the caste system.

The only way to address social inequity is for each of us to do so. People should be aware of the phrases used by the disadvantaged, marginalized, and social justice in order to lower expectations, defy conventions, and put institutions to work. Despite the government's well-intended commitment to establishing social fairness through equalization or anti-discrimination regulations, government measures have caused some conflict in society. Even practices with little to do with social justice are carried out in the name of social justice.

The necessity of the hour is to guarantee that policies are implemented properly and in a balanced manner in order to make social justice an effective vehicle of social progress. While liberalism prioritizes freedom, it recognizes that such freedom is meaningless unless it is supported by a sense of security and equality. A liberal social policy should try to provide chances to the most disadvantaged while also creating a social net that increases their ability to cope with disasters.

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