CHAPTER 7 CONCLUSION AND SUGGESTIONS

Transcription

1 CHAPTER 7 CONCLUSION AND SUGGESTIONS

2 CHAPTER VII Conclusion and Suggestions: The founding fathers of the constitution, while drafting the constitution of India, which was adopted on 26 November 1949 and become operational from 26 January 1950 laid down or incorporates the principles of Social Justice in the preamble, the fundamental rights and Directives principles of State policy, the trinity of the constitution, the manifesto for Social Justice as basic feature of the constitution part IX A, X, XVI scheduled V, VI etc. The preamble of the constitution of India assures to every citizen in the very first class, social, economic and political justice, liberty of thought expression, belief and faith, equality of opportunity and equal status assuring the dignity of Individual to all citizen for fraternity, integration and unity of the Nation. These assured rights have been charted out in part III fundamental rights and Directives principles of State policy part IV to bring fundamental changes in socio-economic system in sovereign, socialist, secular democratic, republic of India. The object of providing Social Economic and political Justice, liberty, equality of status, opportunity etc. to all her citizens. Due to the 301

3 failure of successive governments the socio-economic goals enshrined in the preamble have not been achieved even after 62 years of home rule. 508 The relevant provisions of Social Justice in part III fundamental rights of the citizen. The bill of rights incorporated in part III of our constitution is named fundamental rights. Article 14 to 18 which relates to equality causes comprehending protective discrimination in Article 15(4) and 16(4) article 17 by which untouchability is abolished. Article 19 which conference the six fundamental freedoms. Freedom of speech and expression, assembly, association movement, residence and profession. Article 21, right to life and personal liberty, right to live with human dignity. Article 23, 24 which relates to right against exploitation and prohibition of forced lab our and employment of children in Hazardous factories. Article 25 to 28 incorporating the right to freedom of Religion and Article 29 to 30 which protect the rights and interests of minorities. Part IV of the constitution is related Directive principle of State policy. Article 38 to 48 incorporates the principles for Socio-economic transformation of the society. Part X deals with the administration of scheduled areas and tribal areas and the special legislative machinery in relation to that K.S Narayana. redefining goals of positive discrimination Deccan Herald APR. 26, P Justice M.N. Rao "Law and Social Justice Some aspects; 28 Sep J Published by the Director Andhra University Press & Publication Vishakhapatnam

4 Part IX-A reservation for women in Panchayati Raj System. Part XVI comprising Article 330 to 342 deals with special provisions relating scheduled caste scheduled tribes and other backward classes. Article 330, 332 and 334 deal with the reservation of Seat in Lok Sabha and legislative Assembles. The claims of the members of scheduled castes and tribes for appointment to services and posts under the state are dealt by article 335. Appoint of a special officer to oversee the welfare of scheduled castes and tribes and submission of periodical reports to the president of India in Regard to the implementation of the constitution safeguards in favour of those communities is obligated by Article 338. Appointment of a commission by the president to report on the administration of the scheduled areas and welfare of scheduled Tribes is envisaged by Article 339. Appointment of a commission by the president to investigate the condition of backward classes is contemplated by Article 340. Issue of notifications by the president specifying scheduled casts and tribes is dealt by Article 341, Thus briefly we say that Social Justice Means there shall no social, economic and political inequalities. There shall be unjust enrichment; citizen shall not suffer discrimination on grounds of religion, race, caste, class and the like. There shall be positive or protective discrimination in favour of the oppressed depressed and the under privileged. There shall 510 Foot Note No.500 p

5 not be wage discrimination between sexes who are employed on the same job, so that the directive principles of state policy shall not mock at the aggrieved as teasing illusions. To solution to social injustice lies within us only we should be aware of the expression, the poor, and the backwards. Social Justice which are being used to undermine standards, to flout norms and to put institutions to work. We should subject every claim whether it is made in the name of the poor, the backwards, whosoever to rational examination. We must bear in mind that if the majority disregards smaller sections in the community, it drives them rebellion. We would try to refashion the policies of state on Truly Secular and liberal principles. The individual and not the group should be the unit of state policy. 511 Concept of Social Justice: Is best understood as forming one part of the broader concept of Justice in general. To comprehend it properly, we should began by looking at Justice as a wholes and then attempt to mark off that division of Justice which we call Social Justice all social primary goods liberty and opportunity, income and wealth, and the bases of selfrespect are to be distributed equally unless an unequal distribution of any or all of these goods is to the advantage of the least favored. 512 Thus the concept of Social Justice is a natural progression from the theories of Leissez fair to Marxism and Humanism. The individual 511 Allen C.K. "Aspect of Justice" 1955, p Gupta Anshuman "Concept of Social Justice and Poor 2006" Legal Services. Indian. Com 304

6 Justice between two parties given by the counts is a narrow concept. Our preamble talks about justice in society. Social justice is a broader concept. This broader concept has been analyses in two basic elements of liberty and equality. Thus first a person is to have an equal right to the most extensive basic liberty compactly with a similar liberty for others. Second Judicial and economic inequalities are to be arranged so that. They are both reasonably accepted to everyone advantage attached to position and offices open to all. 513 Social Justice means social equality in the society. To bring social equality requires great changes in our social environment and our social institutions. If the sentiment of social equality is carefully and wisely cultivated, it is sure to make & a considerable addition to the realization of social justice. 514 We lack the environment of Social Justice. We have poverty and unemployment, failure to provide drinking water and primary education, disparity of incomes and concentration of wealth among few hands. For this failure judicial system along cannot be held liable. For this failure our political, culture, corporation, planning, economy or our habits or all these factors combined together, are responsible. Our attitudes and habits continue to be feudal, caste and status oriented and exploitative in nature. This vice of social inequality assumes a particularly responsible form in relation to the backward classes and communities which are treated as 513 Rawls A Theory of Justice p John Rawls "Theory of Justice" p

7 untouchable and so the problem of Social Justice is an urgent and important in India as is the problem of economic Justice. Social Justice includes both economic Justice and Social Justice. The concept of social justice thus takes within its sweep the objective of removing all inequalities and affording equal opportunities to all citizens in Social Affairs and as well as economic activities. 515 Constitutional Approach of Social Justice: The foundation of our constitution is social justice. It is mentioned in the preamble itself. Justice Social economic and political. So our constitution is a social document headed by preamble which epitomizes the principles on which the government is intended to function and these principles are later expanded into fundamental rights in part III and Directive principles of state policy in part IV, D.P.S.P. are the obligations and duties of the Government. 516 And there is no conflict between fundamental rights and directive principles of state policy as both are armed at ushering an equalitarian society for the welfare of the nation as whole. The legal philosophy enshrined in the preamble, fundamental rights, fundamental duties and directive principles of state policy. Provisions relating to powers and functions of the Judiciary and Amendment of the constitution amply demonstrate the entire focus is on the welfare of the Indian masses and making law responsive to the social needs. 515 Lord Scarman English Law The new Dimension, Gajenderagadkar p. B, Law, Liberty, and Social Justice

8 The social problem presented by the existence of a very large number of citizens who are treated as untouchables has received the special attention of the constitution. As article 14 ensures equality before law and equal protection of laws. Article 15 assures that there would be no discrimination against any citizen on the ground of religion, race, caste, geed sex, and place of birth. There would be no restriction or condition with regard to access to shops, public restaurants hotels, and public s entertainment or to use of wells tanks, bathing Ghats and places of public resort maintained by the state. There is also no discrimination in appointment and employment on services. With the promulgation of Indian constitution untouchability has been abolished and its practice in any form is forbidden. Further citizens of have other rights like freedom of speech and expression, formation of association, right to acquire hold or dispose of property etc. Traffic in human beings beggary and all forms of forced labour are prohibited. All laws in force just before the commencement of the constitution is declared void to the extent of their being inconsistent with the provisions of part III of the constitution. Dr. Directive principles of state policy are the direction for the state to make such legislation where social, economic and political justice prevails. It has been therefore, rightly mentioned that does of temple of Justice are open with a golden key. It must also be remembered that the mandate of Article 38 which reads as under: The state shall strive to 307

9 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 the national life. Article 39(a) speaks of men and women equally to have the right to adequate means of livelihood. Article 39(d) speaks of equal pay for equal work for both men and women Article 39 (e) speaks of health and strength of workers, men, women and the measure to prevent exploitation of children, article 39 (f) directs that children be given opportunity and facilities to develop in a healthy manner and in conditions of freedom and dignity. Article 40 direct to village to establish Gram Panchayat. Article 41 mentions about the right to work, to education and to employment assistance within the limits of state's economic capacity and development. Article 42 speaks of ensuring just and human condition of work and maternity relief at present women worker can get 180 days maternity leave. Article 43 speaks provision for living wages to all workers leisure and social and culture activity, article. 45, directs free and compulsory education for all children from 6 to 14 years, envisage a total transformation of the society. By Article 46 the state is enjoined to promote the educational and economic interests of scheduled castes, scheduled tribes and other weaker sections and thus eradicate social disabilities and promote the welfare of the weak and vulnerable sections of the society. To raise the standard of living of the people, improve public health and prohibit consumption of 308

10 intoxication drinks and drugs are the obligations imposed on the state by Article 47. While Article 48-A speaks of duty to protect environment and to safeguard forest and wild life. 517 Many of these directions and rights have been given, legislative shape by our parliament or state legislative. As a result we have various enactments covering minimum wages working conditions in factories, mines etc. employees insurance to take care of the health of employees and their families for gratuity, bonus, hours of work and leisure, for land reform measures, employment schemes such MNREGA, measures to advance the interests of S.Cs/STS and other weaker sections financial assistance to such sections, measures for protection of women and children and soon in the matter of implementation we are very much wanting. The courts too have not been silent spectators. This may be open to criticism as judicial lawmaking, no doubt but the fact is that it has been made and the parliament has not tried to undo them as it has done in some other instances. Today therefore it would not be correct to say that directive principles are not enforceable by the courts. In Calcutta Electrical Construction Company Ltd. v. J.C. Bose. SC 518 Supreme Court held that right to social justice is fundamental. 517 Golaknath v.state of Punjab AIR 1967 S.C AIR 1992, SC

11 Consumer Educations Research Center v.union of India 519 Supreme Court held that the concept of 'Social Justice' which the constitution of India engrafted consists of diverse principles essential for the orderly growth and development of personality of every citizen. "Social Justice" is thus an integral part of Justice" in generic sense Justice is the genus, of which Social Justice is one of its species. Social Justice is a dynamic device to mitigate the suffering of the poor, weak, dalits, tribal and deprived section of the society and to elevate them to the level of equality to live a life with dignity of persons. Social Justice is not a simple and single Idea of a society but is an essential part of complex of social change to relieve the poor etc. For handicaps, penury towards off distress, and to make their life liable, for greater good of the society at large. In Air India Statutory Corporation and other v. United Labour Union and other 520 Supreme Court held that Social Justice and equality are complementary to each other so that both should maintain their utility; rule of law therefore, is a potent instrument of Social Justice to bring about equality in results. It was accordingly held that rights to Social Justice and right to health are fundamental rights. 519 AIR 1995 S.C AIR 1997, SCC

12 From this brief critical analysis of these authorities touching upon the issue of Social Justice, it would become clear that it is the duty of the Courts to bring within the ambit of the decision making process the Directive principles of specified in part IV of the constitution. Articles within this part mostly deal with economic, cultural and social rights and broadly fit the requirement of Social Justice. Judges would be failing in their constitutional duty. If they ignore the concept of "Social Justice" while adjudicating on issues in which such a question is raised. 521 Thus we can say that Supreme Court has played a pivotal role to make India a welfare state and to make the dream of Social Justice a reality the Judicial Activism has proved to be a boon for the common. The Supreme Court has acted as Instrument of Social Justice and has given adequate Support to the causes of weaker sections of the society the Social Justice is a balancing wheel between freedom political and economic justice making the survival of democracy possible. The Judiciary virtually enforced Directive principles through the doors of fundamental rights by the power. Dynamic instrument of Interpretative power Justice Anirudhha Bose 'Social Justice and the Constitution role of Judiciary as a Interpreter of views dispenser of Justice Nayay Deep 2010 APR p Dr. Mayuri pandey "Social Justice" A Dream or reality? AIR Journal 2009 p

13 Chapter vise issues and Judicial Approach in brief critical analysis Introduction has mention about the concept of Social Justice and its objects development, main provisions of Social Justice in Indian Constitution and the issues of Social Justice and lawman s of implementation of Laws Judicial approach in brief analysis. Thus Social and Economic Justice is a living concept of Social Justice and gives substance to the rule of law. Social Justice takes within its sweep the objective of removing all inequalities and affording equal opportunities to all citizens in Social affairs as well as economic activities. Justice to the deprived and weaker section of the society bringing an equalitarian order under which opportunities are afforded to the weaker section of the society. 523 The idea of Social Justice is to establish a welfare state. A democratic republic fulfils the needs of society by turning its legislative process to regulate socio-economic matters. A welfare state shall Endeavour to secure by suitable legislation economic organization or in any other way to all workers, wage, condition of work, ensuring a decent standard of life and full enjoyment of leisure social economic and cultural opportunities. Although the welfare aspect of the state is not confined to a class of the poor or rich of owners or workers but spreads to the society as a whole especially to those who deprived of the conditions 523 Punjab National Bank, v. Gulam Dastagir AIR 1978 SC

14 of good living whether by their own deficiencies or by operation of defective laws; or prevalence s, of social dogmas. It is therefore incumbent upon the state to promote with special core the education and economic interests of weaker sections of the people, of those who are socially and economically backward of those who are physically or mentally handicapped. It is also the duty of the state to take care of children and women to protect them from Social in Justice and all forms of exploitation. 524 Inspite of these provisions of Social Justice in Indian Constitution, there are many problems by which we cannot get Social Justice. Such as poverty, ignorance, talk of legal knowledge and exploitation of vast masses. The person of civil liberties has filed a petition no. 192/01 in Supreme Court of India. The Supreme Court expressed its concern as under - Why are people notable to get work even though central and state government has a number of employment generation schemes? Why are old people women, children, young girls, pregnant and lactating women not availing of their rights? Why are women, children, and weaker section of the society weak and malnutrition when the governments food grain is rotting, being stolen or dumped into the sea? 524 R.G. Chaturvadi "Natural and Social Justice" Second edition 1975 p Law Book Company Allahabad. 313

15 Why do people have to go to bed hungry every height even though the government has a responsibility to ensure that everyone has a right to eat? Supreme Court of Indian held that world 'life' in Article 21 includes also the right to livelihood the apex court extended Social Justice to hawkers who earned their bread loaf from hawking on pavements 525. In Karnataka Case, the Supreme Court held that the right to water as a fundamental rights and prohibition to draw water violates the fundamental right to equality and equal dignity. Thus it is the duty of the state to construct houses to them at its cost to make the right to live in permanent settlement a meaningful right to Social Justice. 526 The provisions of Social Justice in U.S.A. constitution are given in the preamble and Bill of Rights. The Constitution of U.S.A. Guarantees fundamentals of person, property liberty these rights of citizens are enforceable by recourse to the Judiciary. These right cants be modified or suspended except by a constitutional amendment. There are many fundamental rights of in U.S.A. constitution Such as, - women Rights, freedom of speech, of worship, social and economical equality, right to disabled to ending poverty, right to marriage is a fundamental right. These provisions bill of right has been adopted by the Indian framers of 525 In Olga Tellis v. Bombay Municipal Corporation AIR 1985 SCC Ahmadabad Municipal Corporation v. Nawab Khan AIR 1997, SCC

16 the constitution in part III of the constitution as a fundamental rights of citizens though PIL has firmly established itself in the U.S.A. legal system and become popular means of redressal of public grievances, its misuse by social activists and organizations for the vindication of their personal interests or fish motives. It is being used with great care and caution. 527 Social Justice through the Directive principles of Social Policy, in 'Ireland' mention in Article 45. These provisions are however intended to solely for the guidance of the legislative and cont be enforced 'by a court of law. Such as directive principles of state policy in Indian Constitution have been adopted from the Ireland Directive Principles of Social policy. Child protection laws, which are currently undergoing a change, have been criticized on the one hand for not imposing on health boards sufficiently clear obligations in this era. Social Justice and equality are complementary to each other. So that both should maintain their vitality. Social Justice, equality and dignity of person are corner stone of Social Democracy. There can be no Justice without equality. Article 14 Guarantees the fundamental right to equality before law and equal protection of laws. The 2 nd postulate of Doctrine of Rule of Law. But dicey concept of rule law has been criticized mainly on the ground of his nation of equality before law which 527 Dr. Kailas Rao "Public Interest Litigation, legal aid, legal service Lok Adalats, Para legal services third edition Central Law agency,

17 according to him negative existence of administrative law. Thus Dicey failed to distinguish arbitrary power from the discreasonary power. Though arbitrary power is in consistent with the concept of rule of law. Discretionary power is not if it is properly exercised. The modern welfare state cannot work properly without exercising discreasonary power. Equality of status and opportunity in the preamble of the constitution to get & social justice under the constitution of India. But the concept of equality does not means absolute equality among human being which is physically not possible to achieve. Thus the equality means to all and not merely to advanced and educated sections of the society. It follows therefore, that in order to provide equality of opportunity to all citizens of our country, every class of citizens must have a sense of equal participation in building up an equalitarian society. Where there is peace and plenty, where there is complete economic freedom and there is no poverty, no discrimination and oppression where there is equal opportunity to education, to work to earn their livelihood so that the goal of Social Justice is achieved. 528 Article 16 (1) (2) prohibit discrimination on ground of sex in offices. Article 39 (a) provides to have right to adequate means of livelihood for equal pay for equal work Article 51-A-E provides that It would be the duty of every citizen to renounces derogatory to the dignity 528 P.K. Nigam Kamlesh "Supreme Court on Reservation" 1995 p

18 of women. Inspite of these provisions A vast majority of woman are ignorant of the protective laws or even of their existence. The law therefore remained an ineffective Instrument of Social change for equality for women therefore is to make them aware of their rights and the legal aid to be resorted to in case of violation of the same. Thus we make our political democracy a social democracy as will political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life which recognizes liberty equality and Fraternity as the principles of life. These principles of liberty, equality and fraternity are not to be treated as a separate items in a Trinity they form a Union Trinity. In the sense that to divorce one from the other is to defeat the every purpose of democracy liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can be equality and liberty be divorce from Fraternity But in politics we will have equality and in Social and economic life will have inequality. In politics we will be recognizing the principle of one man one vote and one vote one value. If but in our Social and economic life we shall, by reason of our social and economic structure continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall continue to deny the equality in our Social and economic life? If we continue to deny it for 317

19 long we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible movement. 529 The main aim of Indian Constitution is to bring social economic and political Justice through the fundamental rights and directive principles of State policy and other provisions articles 330 to 342. Social Justice means the abolition of all sorts of inequalities. This may result from the inequalities of wealth opportunity, status, race, caste religion title and the life. To achieve this ideal of Social Justice the 73 rd constitution Amendment has provided the reservation for women in Panchayati Raj Institution. It was considered as the effective institution to remove the inequality, invisibility and powerlessness among the Indian women. But women representative elected to grass root level institution have been facing numerous problems. Within their families as well as their social political, and administration. Setting to add to the trouble which hampers the true spirit of democracy. Because complicated and corrupt election procedure have also ruled aid the entry of not deserving women into the political system illiterate women cannot work or take decisions independently. Thus the scope or area of social justice is reformation in the status of women, children prisoners poor SCs, Sts and other back ward class and minorities. 529 Seervai H.M. "Constitutional Law of India". Fourth edition 2004, Vol. 03 p

20 At present women are more educated, still they are facing many problems, gender inequalities and discrimination. There is need to bring, women, children, poor people backward classes and minorities in the mainstream for the development of the nation. According to one estimate there are about thirty specific forms of violence being committed against women from the pre natal stage to their death such forms include, foeticide, delebarate check on the supply of sufficient food, medical neglect deprivation of education, opportunities, child marriages, sexual abuse of girl child forced marriage rapes, prostitution sexual harassment wife battering, bride burning, neglect of the old women etc. One can see these forms of violence in his or her own surroundings. 530 It would be seen that Judicial Activism which is the search for the spirit of Law, has been profitably used by powerless minorities, such as bounded labour, prisons, inmates, under trial prisoners, sex workers and such other powerless minority groups as are crusading for protection of human rights of women and children or seeking redressal against governmental lawlessness or relief against development policies which benefit the haves at cost of have notes. 531 The Judiciary has thus, been rendering Judgments. Which are in tune and temper with time and jealously protecting and developing the dimensions of the fundamental Human rights of the citizens so as to make 530 A.S. Anand "Judicial Review Judicial Activism Need for Caution" J.ILI 2000 Vol. 42. p A.S. Anand "Judicial Review Judicial Activism Need for Caution" J.ILI 2000, Vol. 42, p

21 them meaningful and realistic? New Contents are being provided to criminal justice also resulting in prison reforms and inhuman treatment of the prisoners and the under trials. The doctrine of equality has been employed to provide equal pay for equal work. Exploitation of children women and labour is receiving the concern it deserves. The Gram Nayayalayas Bill 2008 came in force as the Gram Nyayalayas Act It is very clearly stated in the object of this act. This act provide for the establishment of Gram Nayayalayas at gram roots level for the purposes of providing access to Justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizens by reason of social economic or other disabilities. Gram village Act 2008 is a landmark Step in this direction which will prove to be a big milestone in importing cheap and speedy justice to people living in villages and remote areas. The act is an effective attempt to bring the directive of article 39-A. To provide free legal aid to the poor. Justice to the poor at their doorstep in the coveted dream of the common man and it is here that setting up of gram Nyayalaya which will Travel from place to place would certainly bring to the people of rural areas speedy affordable, Substantial, convincing and effective justice Sanjeev Sirohi "The Gram Nyayalayas Act 2008-Justice at Grass Root: P.L.T. June 2009, p

22 Sixty years after Independence reservation has not done much to elevate these helpless people to any higher position in Society. Despite tremendous developments and in science and Technology, and in violation of a Supreme Court order, the centre and State Governments have failed to bring an end to the practice of manual scavenging and to rehabilitate those engaged in it s in decent jobs elsewhere Though reservation has substantially benefit large sections, it must be remembered that with the sections of people remaining outside this safety net, ensuring Social Justice to all continue to be a distant dream. 533 Thus we can say that the constitution of India is a dynamic document and a living organism, represents the aim and aspirations of the people on which our dominant institutions of governance such as constitutional democracy is based. Social Justice is one of the main objectives of the Indian Constitution. Laws can not be interpreted without reference to Social Justice. To the achievement of which our Country pledged on gaining independence. In the words of Justice Krishna Ayer, "Social Justice or distributive Justice is a quest for Justice. It is a challenge of equality, liberty and Justice" understanding of Social Justice accordingly demands having interaction with Social purpose, which 533 Social Justice In frontline January 15,

23 further requires interpretation of the internal principles of human freedom to meet the challenges of changing times. 534 II SUGGESTIONS: After a critical appraisals of social justice under the constitution of India. We have seen the position of social justice from the Pre independence of India to the present day we are now in a position to make suggestion as to how this process can be made more effective and meaningful for the upliftment of status of women, Children prisoners, poor people minorities and backward class, scheduled caste, Scheduled tribes etc. Particularly in India. Following suggestions may be made out for social justice:.the progress of the society is dependent upon the proper application of law to its needs and since the society today relises more than ever before its rights and its obligations. The judiciary has to mould and shape the law deal with such rights and obligations. The more existence of a particular piece of beneficial legislation cannot solve the problems of the society at large unless the Judges interpret and apply to law to ensure its benefit to the right quarters. Child labour is rooted in the socio-economic conditions of the people and cannot totally disperse unless there is a marked change for betterment in those conditions. Changes must be made mainly 534 Justice Krishna Ayer "Social Justice Sunset or Dawn Eastern Book Company,

24 to eradicate poverty which is the crux of the whole misery. We shall have take up measures that are not only preventive but also native. On, encourage women police stations family courts, mahila courts, Legal aid center, Maya panchayat will be strengthened and expanded to eliminate violance and atrocities against women. Widespread dissemination of information an all aspects of legal rights, Human rights and otherentitlements of women through specially designed legl litracy programmes and right information according to national policy for women A serious attempt should be made for uniform civil code. A legal restriction should be imposing on the power of making will to deprive female heirs. Among the Hindus, Christians and Parsees, Muslim wife should be given a right to divorce her husband on his second marriage and Muslim law should be amended on the line of Muslim families law ordinance 1961; of Pakistan. A uniform civil code may be made and all the laws pertaining to marriage and divorce should be amended and introduced amongst all Indian. Family courts should be set up immediately and the functioning of these courts should be not as formality but it should be in real spirit for creating awareness of legal rights and legal literacy. 323

25 The Women and children should be given proper education pertaining to their rights. Proper Implementation of all laws pertaining to children as well as women, prisons, poor people, backward class, should be ensured and legal and advice should be provided without any economic base or disqualification. Significant steps should be taken to implement all the laws which amended to facilities detection prevention and punishment of crimes against women end exploitation of children. Article 21 should be altercated to the case of children employment in dangerous employments because there is a anomaly in a Article 24, and 23 which need to be amended. Labour laws pertaining to children, women labours should be set up for the follow of action, otherwise all the provisions will remain on the papers and there can be no proper social justice to this section of the society which is suffering on account of sex and age. Women prisoners are often molested by the policemen, while they are in the police custody. To meet this situation any case of sexual harassment with a woman prisoners in the police lockup or in the jail should be treated as a case of rape against the official concerned with punishments. 324

26 Legal cell for women, children, labours should be set-up in all cities these cells must be take up all cases of violence against women children, labours prisoners when the police fail to register the case. The cell may be authorized to file complaint in the magistrates courts in such circumstances, and the magistrate should be bound to direct the police to investigate the case. Compulsorily women judges should be appointed in the family court and large number of women judges must be appointed to the judiciary. Registration of marriage should be made compulsory to check large scale violation of child marriage, polygamy. Reservation for SC, ST and OBC which has provided under Article 15(4) and 16(4) on the base of socially and educationally backwardness should be abolished. Reservation only should be on the base of economically. Because present reservation is the discrimination of ability. Like union public service commission and minority commission constitutional status should be granted to the national commission for women, and children; backward class commission and scheduled caste and scheduled tribe commission should be properly inquired the problem of SC, ST and OBC Class. 325

27 Thus we can say that without adopting social justice, no democratic country should succeed. So to save the democracy adoption of social justice is essential. The existing enforcement machinery for enforcing provisions of the child labour act is very limited. Childhood is the most formative period in one's life a time of learning and formation of habits. the issue of child labour, therefore, requires attention of not only legislature, executive and judiciary, but also the NGOS social reformists research and academic institutions and all of those who care for growth and development of the Nation. Until this problem is tackled at all fronts the child which is considered as the supreme National asset" cannot be protected from this abuse. In NREGA-MNEEGA there is no systematic record of delays in wage payments. If labours remain unpaid for weeks at a particular worksite there is no trace of it in the MIS monitoring and information system. This is one reason why long delays in wage payments persist in many states, causing immense hardship to NREGA workers and even including some of them to quite this is the man gaping holes in the statistical system need urgent attention if the NREGA is to achieve its ambitions transparency norms. 326

28 No social legislation, no administrative measures for SC can even reach, the shadow of successful implementation without cooperation and coordination among the concerned authorities police landlords and organization not only these authorities should be effective but also should be cohesion and linkages. If any link is weak then obviously the result will be poor. In the era of liberalization and globalization it is necessary to forgive all conservative thoughts against the scheduled caste and schedule Tribes from every part of the country. Effective implementation of legislation would be promoted by involving civil society and community. Following specific measures will be taken to implement the legislation effectively. Strict of enforcement of all relevant legal provisions and speedy redressal of grievance will be ensured with a special focus on violence and gender related atrocities. Measures to prevent and punish sexual harassment at work place, protection of women workers in the organized / unorganized sector and strict enforcement of relevant laws such as equal remuneration act and minimum wages act will be under taken. 327

29 Crimes against women, their incidence, prevention investigation detection and prosecution will be regularly reviewed at all crime review fora. The word of social justice (should) also include legal Justice, which means that the system of administrations of justice must provide a cheap, expeditions and effective instrument for realization of justice by all sections of people irrespective of their social, economic position or their financial resources. We should change in our thought. Reservations are like first aid, not a permanent are to the massive problem of backwardness to continue the reservations indefinitely neglecting implementation of the directive principles of state policy is the sunset way to keep the backward classes permanently backward. There is no justification for not providing free and compulsory education for all children until complete the age of 14 years within the stipulated period of 10 years from the commencement of constitution mandated by Article 45 both the centre and the state Governments should therefore come up with positive measures to ensure, that every child is provided free and compulsory education UP to the secondary stage and where ever necessary provide financial assistance to the family concerned to facilitate the child's 328

30 education and provide additional proper s to help children from backward classes to acquire requisite ability to complete with one and all on equal terms. Speedy trial. Fair judgment should be given by the judiciary. To provide with assistance- in all aspects. Principle of natural justice should be followed. There should be no corruption in our society. To provide social justice to all religion, reservation should be providing only economically. Child marriage should be restraint. 329