Social Discrimination- Social justice is the view that everyone deserves equal economic, political, and social rights and opportunities. Social justice as a concern arose in the early 19th century during the Industrial Revolution and subsequent civil revolution throughout Europe’s egalitarian societies to remedy the social exploitation of human labor. Early social justice advocates focused primarily on capital, property, and the distribution of wealth. By the mid-20th century, social justice had expanded from being primarily concerned with economics to include other spheres of social life, including the environment, race, gender, and other causes and manifestations of inequality.
The measure of social justice has expanded from wealth measured and enacted only by the nation-state to include a universal human dimension.
The main principles of social justice
- Access to resources
- Equity
- Diversity
- Human rights
- Participation
Access to Resources
Access to resources refers to the fair and equitable distribution of essential resources such as education, healthcare, employment opportunities, housing, and basic necessities like food and water. It ensures that every individual, regardless of their socio-economic background, has the ability to improve their quality of life and achieve their full potential.
In a socially just society, access to resources is a critical component to bridge the gap between privileged and marginalized communities. Policies aimed at improving access to resources often focus on removing barriers such as poverty, discrimination, and lack of infrastructure, which disproportionately affect disadvantaged groups.
For example, affirmative action in education and employment, public welfare schemes, and government subsidies are initiatives designed to improve access to resources for underprivileged populations. Ensuring equal access helps to reduce inequalities and promote social harmony, creating a more balanced and inclusive society.
Equity
Equity refers to how individuals are given tools specific to their needs and economic status to move toward similar outcomes. In contrast with equality, where everyone is offered the same tools to move toward the same outcome, social justice integrated with addressing equity issues might include advising policies that provide support to overcome systemic barriers.
Participation
Participation refers to how everyone in society is given a voice and the opportunity to verbalize their opinions and concerns. They have a role in any decision-making that affects their livelihoods and standard of living. Social injustice occurs when a group of individuals makes decisions for a larger group while some people are unable to voice their opinions.
Diversity
Appreciating the value of cultural differences is especially important. It is important to recognize that some groups face more barriers in society. Discrimination in employment based on factors such as race, gender, ethnicity, sex, age, and other characteristics is a constant issue in society.
Human Rights
Human rights are basic rights and freedoms that belong to every person anywhere in the world from birth until death. They are applied regardless of nationality, faith, or race. Human rights and social justice are certainly interrelated, and it is impossible for one to exist without the other.
Theory of Social Justice
The maximum good for the greatest number of individuals is regarded as the basis of justice. For them, utility ought to be the measure of good, right, morality, progress, and justice.
Marxism
The Marxist view of social justice believes that the idea of justice has developed through ages. It changes from one era to another based on economic relations.
International Convention on the Elimination of All Forms of Racial Discrimination
On December 21, 1965, the United Nations General Assembly adopted Resolution 2106, which established the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It is among one of the oldest tools in the UN human rights arsenal to target oppression and discrimination.
The convention essentially resolves:
- To adopt all measures necessary for speedily eliminating racial discrimination in all its forms and manifestations.
- To combat racist doctrines and practices to promote understanding between races and to order an international community free from all racial segregation and racial discrimination.
2015 marks 50 years since the adoption of the convention.
It was forged during a time of great civil unrest in parts of the world. The drafting took place while the Civil Rights Act was passed just before its adaptation. Apartheid was at its height in South Africa, with movements to do away with colonialism for independence.
Yet, despite these milestones, racism continues to plague societies. To combat it, CERD continues to examine the situation in each country that has ratified the convention through its committee. The 177 states that have ratified the convention must regularly report to and appear before the committee in Geneva. The committee, in turn, issues concrete recommendations on how various forms of racism existing in each country can be effectively eliminated.
The states parties to this convention, considering the United Nations Charter, recognize the dignity and equality inherent in all human beings. Member states have pledged themselves to take joint and separate action, in cooperation with the organization, to achieve one of the purposes of the United Nations, which is to promote and encourage universal respect for and observation of human rights and fundamental freedoms for all, without distinction as to race, sex, language, or religion.
Considering the Universal Declaration of Human Rights, it proclaims that all human beings are born free and equal in dignity and rights. Everyone is entitled to all rights and freedoms set out therein without distinction of any kind, particularly regarding race, color, or national origin.
Legal provisions under ICERD
Article 1
- In this convention, the term “racial discrimination” shall mean any distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin, which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise on an equal footing of human rights and fundamental freedoms in the political, economic, social, cultural, or any other field of public life.
- This convention shall not apply to distinctions, exclusions, restrictions, or preferences made by a state party to this convention between citizens and non-citizens.
- Nothing in this convention may be interpreted as affecting the legal provisions of the states parties concerning nationality, citizenship, or naturalization, provided that such provisions do not discriminate against any particular nationality.
Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary to ensure their equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination. However, such measures must not lead to the maintenance of separate rights for different racial groups and must not continue after the objective for which they were taken has been achieved.
Article 2
- States parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races. To this end:
- Each state party undertakes not to engage in any act or practice of racial discrimination against persons, groups of persons, or institutions and to ensure that all public authorities and institutions act in conformity with this obligation.
- Each state party shall take effective measures to review governmental, national, and local policies to amend or nullify any laws or regulations that create or perpetuate racial discrimination wherever it exists.
Article 3
States condemn all racial segregation and apartheid and undertake to prevent, prohibit, and eradicate all practices of this nature in territories under their jurisdiction.
Refugee Law
Respect for the rule of law and human rights forms the essence of the protection of refugees, returnees, and stateless persons. The Office of the United Nations High Commissioner for Refugees (UNHCR) has a mandate to provide international protection to refugees, including promoting accession to international refugee instruments and other relevant human rights instruments.
Statelessness is a source of human insecurity, forced displacement, and serious conflict, which may pose a threat to national and regional stability. Legislation on nationality and administrative practices that align with internationally recognized human rights standards is essential for the rule of law and addressing the root causes of conflict. UNHCR provides technical advice and support to governments for accession to the 1954 Convention on the Reduction of Statelessness.
National Law
Article 17 of the Indian Constitution abolished the practice of untouchability and made it a punishable offense. However, what this term specifically means was not defined in the Constitution. Article 35(a)(2) gave the power to make penal law for offenses mentioned under Article 17. Consequently, the Untouchability Offenses Act of 1955 (later renamed the Protection of Civil Rights Act) was enacted. It provided penalties for preventing a person from entering a place of worship or accessing public resources like water from a tank or well.
Linking Caste to Merit
The tacit linkage of caste with merit has deepened the misery of oppressed communities. This myth was perpetuated by privileged castes to discredit affirmative action measures such as reservations in educational institutions. The Mandal Commission, set up in 1979 by the Morarji Desai government, aimed to identify socially and educationally backward classes of India. It questioned the concept of reservation as a remedy for caste discrimination in India.
The commission recommended 27% reservation in jobs in central government institutions as well as public sector undertakings (PSUs). Its report was ignored for over a decade. The implementation of its recommendations began only in 1990 under the V.P. Singh government, causing widespread protests across the country. Nearly 200 students from upper castes attempted suicide through self-immolation, and 68 succumbed to their injuries.
Dalit Lives Matter
There are parallels between the resurgence of the Dalit-Bahujan movement in India and the Black Lives Matter movement, which emerged in 2013 after the acquittal of George Zimmerman in the fatal shooting of Trayvon Martin, a Black teenager, in Florida.
Judicial Judgments on Discrimination Based on the Caste System
D.S. Nakra and Others vs. Union of India (17 December 1982)
This case focused on pensioners who were excluded from receiving benefits due to their retirement date.
Facts:
Petitioners 1 and 2 retired in 1972 from central services and armed forces, respectively. Petitioner 3, a registered society advocating for pensioners, challenged the validity of two government memoranda. These memos restricted pension benefits to those who retired after a specified date.
Issues:
- Is the date of retirement a relevant consideration for eligibility and computation of pension?
- Does differential treatment of pensioners based on retirement date constitute discrimination under Article 14?
Judgment:
The court ruled that creating a subclass of pensioners based solely on the retirement date violated Article 14 of the Constitution. It held that the classification was arbitrary and irrelevant. The benefits of the pension scheme were made uniformly applicable to all pensioners, regardless of their retirement date.
Practical Ground-Level Realities
While the Constitution provides safeguards against social discrimination, in practice, these protections often remain unfulfilled. For instance, two months ago, a student from an SC category was murdered by a teacher in the name of caste. Such incidents reflect the failure to enforce the rule of law effectively.
Incidents of caste-based violence continue to plague Indian society. For example, in Bihar during the 1990s, social violence resulted in numerous deaths and forced migrations of marginalized communities. Although courts like the Patna High Court delivered justice in some cases, many perpetrators escaped due to lack of evidence.
The SC/ST Act (1989) was introduced under the V.P. Singh government to address caste-based discrimination. While this act mandates immediate action against offenders, its 2019 amendment requires approval from an SP-level officer for arrests, balancing concerns about misuse of the law.
Crime Related to Social Discrimination
In states like Chhattisgarh, Jharkhand, Telangana, Andhra Pradesh, Maharashtra, and Odisha, the ST population faces significant harassment, often becoming targets of Maoist influence. They are forcefully or emotionally coerced into joining extremist groups. In encounters and attacks, many lose their lives, and human rights violations remain rampant.
In northern states like Uttar Pradesh, Bihar, Haryana, Punjab, and Madhya Pradesh, lower-caste families often face sexual harassment and forced labor. Women from marginalized communities are particularly vulnerable, and men are sometimes compelled into bonded labor, violating Articles 23 and 24 of the Constitution.
Conclusion
India’s Constitution guarantees justice through the rule of law and fundamental rights, such as equality (Articles 14–18). However, practical implementation falls short in many areas. Marginalized communities often lack awareness of legal protections and cannot afford legal recourse, perpetuating social discrimination.
While Parliament has enacted strict laws, enforcement and awareness remain key challenges. Over the past 50 years, social discrimination has decreased significantly. Political leaders must avoid using marginalized communities as vote banks and instead focus on genuine social reform. Social discrimination, whether based on caste or religion, poses a grave threat to India’s democratic framework. Collective efforts are needed to ensure equality and uphold the spirit of the Constitution.