Let Justice Roll

Cedric Prakash Cedric Prakash
21 Feb 2022

On 20 February, the global community will once again be observing the ‘World Day of Social Justice.’ The day is intended to mark the coming together of people from all walks of life to support the idea of justice, victims' rights and most importantly ensuring no crime that jeopardises peace takes place. The day is also a reminder of the significance of social justice for the underprivileged and oppressed. Above all, the day comes as a grim reminder to the world leaders that justice cannot be relegated to something theoretical and lip-service but needs to be experienced tangibly and substantially for all sections of society particularly those who are victims of injustice and are condemned to a dehumanising existence!

The idea of and struggle for justice is as old as humankind. There is nothing new about it. However, it was only on 26 November 2007, the United Nations General Assembly declared that, starting from the sixty-third session of the General Assembly (2009), 20 February will be observed annually as the World Day of Social Justice. The observance reflects on guaranteeing fair outcomes for all through employment, social protection, social dialogue, and fundamental principles and rights at work. The declaration was first announced on June 8, 2008, as a step from the UN towards a commitment for continuous social justice and fair globalization based on the UN Secretary-General’s report on  ‘Our Common Agenda’ which included poverty eradication, the promotion of full employment and decent work, universal social protection, gender equality and social justice for all. 

The General Assembly recognized that social development and social justice are indispensable for the achievement and maintenance of peace and security within and among nations and that, in turn, social development and social justice cannot be attained in the absence of peace and security, or in the absence of respect for all human rights and fundamental freedoms. The former UN Secretary-General Ban Ki-moon says, “the gap between the poorest and the wealthiest around the world is wide and growing. This situation is not only between countries but within them, including many of the most prosperous. The World Day of Social Justice is observed to highlight the power of global solidarity to advance opportunity for all.” 

In recent years, the idea of social injustice has been classified into five different components: the dignity of the human being, primacy of the common good, reciprocal rights and responsibilities, the dignity of workers and rights for workers, and last but not least, fundamental options for the poor and the vulnerable. These five concepts and many more are what is at the heart of the United Nations and its push for human dignity and equality for all.

The ideal of social justice is embodied in letter and in spirit in the Constitution of India. The visionary architect of the Constitution and the head of the Constituent Assembly Dr. B. R. Ambedkar was clear that justice for all had to be in the DNA of the new nation from the very inception. That is why the Preamble of the Constitution clearly aims “to secure to all its citizens… Justice: social, economic and political.”  

The idea of justice is clearly equated with equity and fairness. Social justice, therefore, would mean that all sections of society, irrespective of caste, creed, sex, place of birth, religion, ethnicity or language, would be treated equally and no one would be discriminated against on any of these or other grounds whatsoever. Then, economic justice would mean that all the natural resources of the country would be equally available to all the citizens and no one would suffer from any undeserved want. Finally, political justice entitles all the citizens equal political rights including the right to vote, right to contest elections and right to hold public office. Whist there is a distinction in each of these dimensions of justice, they are so closely inter-related that they are in practice inseparable from each other.

The Constitution of India unequivocally guarantees protection from social injustice and all forms of exploitation (Arts. 23 and 46).  The entire Part III of the Constitution on ‘Fundamental Rights’ dwells extensively on a society which is based on social justice. It guarantees equality before law (Art. 14), and enjoins upon the State not to discriminate against any citizen on grounds of religion, race, caste, sex or place of birth (Art. 15 (1)). 

Untouchability is abolished and its practice in any form is forbidden (Art. 17). The Constitution mandates that no citizen shall, on grounds only of caste or race, be subjected to any disability and restriction (Art. 15 (2)). It empowers the State to make provisions for reservation in educational institutions (Art. 15 (4) and 15(5)), and in appointments for posts in favour of SCs (Art. 16 (4), 16(4A), 16(4B) and Art. 335). Then we have the protection of rights regarding freedom of speech and expression (Art. 19) and of course, the right to Freedom of Religion including freedom of conscience, practice and propagation of religion (Art. 25)

For Ambedkar, social justice was clearly the only effective means to create an ideal or a just society. To him a just society is a casteless society, which does not discriminate or divide, based on the principles of social justice and a combination of three components: liberty, equality and fraternity. Ambedkar’s ideal society is based upon two fundamental principles. He says, “the first is that the individual is an end in himself and that the aim and object of society is the growth of the individual and development of his personality. Society is not above the individual and if the individual has to subordinate himself to society, it is because such subordination is for his betterment and only to the extent necessary. The second essential is that the terms of associated life between members of society must be regarded by consideration founded on liberty, equality and fraternity.” Ambedkar was emphatic in stating that injustices which abound in India had their roots in caste system.

The United Nations was born in October1945; less than two years later, in August 1947, India became a free nation. In December 1948, most of the world leaders were signatories to the path-breaking Universal Declaration of Human Rights and in January 1950, India became a Republic based on a far-sighted and people-centred Constitution. All these were defining moments not only for the history of the world and of India but the beginning of a new Chapter based on justice, liberty, equality, dignity and fraternity of all people. A new dawn was ushered in pregnant with hope, for a peaceful, harmonious and better tomorrow.

Sadly, as one looks at the reality today, particularly in India, the vision of the founding fathers of a nation which has its moorings on social justice, stand shattered. Hopes and dreams continue to remain elusive. Promises are empty rhetoric before the elections to manipulate the gullible and thus garner votes. It is also true that over the years there has been visible but selective material progress in the country, which some term as ‘economic development.’ This has naturally upped the GDP, but the grim reality is that wealth is concentrated in the hands of a few and social justice has become the prerogative of a privileged section of society.

About a month ago, OXFAM released its much awaited and well-researched report 'Inequality Kills'. It was made public just before the January-scheduled (but now postponed to 22-26 May) annual World Economic Forum to held in Davos, Switzerland. The Report, in its global economic survey, lays bare the dismal economic conditions in India. It says that India had been witnessing declining economic growth even before the pandemic, however, the most vulnerable sections of Indian society have had to bear the brunt of its adverse effects. 

Many governments spent vast amounts of money to revive their economies; loan and interest waivers, spending on social security to compensate citizens for jobs and other losses and to improve health outcomes and so on.  India, on the other hand, spent far too little and the Budget 2022 saw virtually no change in allocations for health, food security, pensions, employment, insurance and so on and saw decreased spending for some sectors, such as MNREGA.

It went on to state that more than 46 million Indians are estimated to have fallen into extreme poverty in 2020. This is, according to the United Nations estimates, nearly half of the global new poor. In the same year, the share of the bottom 50% of the population in national wealth was a mere 6 per cent. The tragedy is compounded with the fact that the number of Indian billionaires grew from 102 to 142, while 84 per cent of households in the country suffered a decline in their income in 2021, which was also a year marked by tremendous loss of life and livelihoods. 

In India, during the pandemic (since March 2020, through to November 30, 2021) the wealth of billionaires increased from Rs 23.14 trillion to Rs 53.16 trillion. The report clearly indicates that the collective wealth of India's 100 richest people hit a record high of Rs 57.3 trillion in 2021. The stark wealth inequality in India is a result of an economic system rigged in favour of the super-rich over the poor and marginalised.

The report also highlights the growing unemployment in India. As of December 2021, it is estimated that there are 53 million unemployed persons (7.9% unemployment rate). A sizeable section of these are women; women collectively lost Rs 59.11 lakh crore in earnings in 2020, with 1.3 crores fewer women in work now than in 2019. Apart from that, amongst the total employed population, 43.7 crore workers are in the unorganised sector, who are legally not covered by social security benefits.

World Day of Social Justice 2022, has this reality as a backdrop with the theme ‘Achieving Social Justice through Formal Employment’. The focus will be on the formalization of employment as a prerequisite for reducing poverty and inequality. The COVID-19 pandemic has put a spotlight on the vulnerability of workers (particularly, migrant workers as we have all witnessed in India) in the informal economy. Informal workers (casual labourers), as they often lack any form of social protection or employment related benefits, are twice as likely to be poor compared to formal workers. Most people enter the informal economy not by choice, but due to lack of opportunities in the formal economy. Promoting the transition to formality is a necessary condition to reduce poverty and inequalities, advance decent work, increase productivity and sustainability of enterprises and expand government’s scope of action, notably in times of crisis. 

There is the wider canvas of how injustices are institutionalised at every level: human rights defenders, social activists, media personnel who take a stand for truth and justice are hounded and harassed, jailed and even killed. Draconian laws and policies are passed and used to subjugate vulnerable sections of society, be it the anti-farmer laws (though technically withdrawn now) or the anti-worker labour codes. The Unlawful Activities Prevention Act (UAPA) and sedition laws are selectively used to quell dissent and protest. The Adivasis and the Dalits are denied their legitimate rights. The minorities are consistently targeted through physical attacks or aggressive acts of divisiveness and discrimination: be it the anti-conversion ‘love jihad’ laws or the current ‘hijab row’. 

The National Education Policy is clearly meant to exclude the poor and the marginalised. The environment is systematically destroyed to help the crony capitalists’ friends of the ruling regime to profiteer and thus amass huge amounts of wealth.  For social justice to be mainstreamed in India, all these injustices and much more, need to be addressed and eradicated immediately, with a people-oriented political will.

A little over fifty years ago, the 1971 Synod of Bishops on ‘Justice in the World’ ushered in a watershed moment for the Church. The Synodal document stated that, “In the face of the present-day situation of the world, marked as it is by the grave sin of injustice, we recognise both our responsibility and our inability to overcome it by our own strength. Such a situation urges us to listen with a humble and open heart to the word of God, as He shows us new paths toward action in the cause of justice in the world.” 

Sadly, both for the Church and for the world, this important document was consigned to the dust and dirt of a forgotten history. As we observe another World Day of Social Justice 2022, let us have the prophetic courage to listen to the cries of the poor and to all victims of injustice. Let it not be yet another cosmetic event of empty platitudes and meaningless tokenism. As we respond to the cries of the victims, let us pray in the words of the Prophet Amos, “let justice roll on like a river, righteousness like a never-failing stream.” 

(The writer is a human rights, reconciliation & peace activist/writer. Contact: cedricprakash@gmail.com )

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