SOCIAL JUSTICE THROUGH LEGISLATION: A REVIEW OF LAWS AND POLICIES FOR MARGINALIZED GROUPS BY - RIDDHI KOTHALIKAR
SOCIAL JUSTICE THROUGH LEGISLATION: A REVIEW OF LAWS
AND POLICIES FOR MARGINALIZED GROUPS
AUTHORED BY
- RIDDHI KOTHALIKAR,
D.E.S’s Shri
Navalmal Firodia Law College, Pune
Abstract
“Injustice anywhere is a threat to justice everywhere”.[1] No
state can be called developed unless the last person in that nation gets justice whether
it be a justice by law or a social justice.
This paper focuses on the various angles of law, policies, and
initiatives by the government to uplift
marginalized groups through various means, including policies and the
implementation of such policies fairly and reasonably.
This paper discusses the life, problems, and status of marginalized
groups in modern society, including
the Constitution of India and the Universal Declaration of Human Rights (UDHR),
and the intentions, objectives, and
goals of government policies
for marginalized groups.
Through this paper, we shall also discuss how vulnerable the marginalized
groups are and how much actual and real benefit they are getting through the law and government initiatives.
This paper also discussed
the facts and figures
regarding the matter around
the world and focused on some court orders and Public Interest
Litigation
Introduction
Social justice is a fundamental human right, yet marginalized groups continue to face systematic inequalities. These marginalized groups are instead
of having several laws and government protection for them they still get dominated by the other
communities which are higher in status. Not only in India but also all over the world these marginalized communities exist and face various
types of serious
issues as per the country or a part of the world they are living in. The most prominent issue they face anywhere is denial of their rights. Though it's their fundamental right still they deprived of its access.
If we talk about entire marginalized groups or groups of people there is
no proper thing that can be counted
as a factor of discrimination. As of now, some factors are considered the most prominent
reasons for discrimination on that ground
marginalized groups. But, in the future, these groups can be more in numbers and
there is a probability that a new group will emerge if we do not take any action
towards their life improvement and
overall development.
Marginalized groups are groups of people who are discriminated against by
people of higher status in society on
various grounds such as race, caste, sex, color, ethnicity, religion,
disabilities, and socio-economic status.
This is not a new thing at all it's just that the angle of looking
towards these communities has been
changed positively over time. The origin of the word “Discrimination” is
terraced back to 17th Century England
but this is just about the word; the actual practice of discrimination is far more back in time. Over time the laws all
over the world started protecting and focusing along with the development of these groups. Not only the countries
have laws for these marginalized groups
but at the global level also they and their rights are protected the most
important one that cannot be ignored is the Universal
Declaration of Human Rights (UDHR) which is a foundational document that protects human
rights and provides a universal standard for human rights.
Existing Laws and Policies
for Marginalized Groups
Many other laws have protected the interest of these groups but the main
right of all the rights that is Right
to Life has been given by the Constitution of India and this right covers all
the other rights. The main this is
that these rights especially Art 20 (Protection in Respect of Conviction of Offences) and Art 21 (Protection of Life
and Personal Liberty) of the Indian Constitution are not suspended during an emergency because they are inalienable
rights which are necessary for humanity.
Other than the Constitution of India several other Acts protect the
rights of marginalized groups and
their welfare. These Acts include The Protection of Civil Rights Act 1955 which
aims to protect Dalits and punish the
practice of untouchability. Art 17 of the Constitution of India has also abolished
untouchability.
Significant change and development of two marginalized groups transgender persons
and LGBT+ community. The crucial change
in transgenders’ lives we can see is that they are now serving the nation and society by
being in various governmental services like Police, healthcare, and other public
or private offices.
The Transgender Persons (Protection of Rights) Act 20219 and Rules 2020
protect transgender rights at various
levels including public and private places. There is also a National Portal for Transgender Persons which provides them
skill training, composite medical health, and access to shelter homes.
Marginalized Groups
and the World
Marginalized people are not always the people discriminated against
on various bases but marginalized people can also be all the
people of a nation irrespective of race, caste, sex, religion ethnicity, or any other. On this matter,
many of the Countries like Russia and North Korea are considered as the
strictest countries over the world.
Freedom House’s Worst of the Worst 2011: The World’s Most Repressive
Societies report has listed down the
countries that have received the lowest rankings on political rights and civil liberties. These countries include Syria,
Somalia, Turkmenistan, Libya, Cuba, and Saudi Arabia here people suffer the most severe abuses of
human rights on the planet.[2]
In all targeted groups women are at the top. As per the Peace and
Security Index, Afghanistan ranks in
the last place worldwide.[3]
Other low-ranking countries include some of the African Countries. Not only women but disabled people along with children are also the most discriminated one. In 2019, a
Eurobarometer survey revealed that 52% of people with disabilities feel
discriminated against.[4]
Marginalized groups are also hit hardest by inequality and stigma at
various places including public and
private. This inequality makes these communities deprived of their life,
rights, and development.
These groups are vulnerable and the dominance of other groups makes them
weak, and easy to hurt physically and
emotionally. And these groups are more vulnerable to child labor and child marriage. The dominant nature of society
alone is not responsible in the case of child labor and child marriage. Among all these poverty hits the hardest
child’s future.
Other prominent factors to be considered here are insufficient budget,
lack of education, and poverty. In
all these matters children are the ones who are considered the most vulnerable
ones. Children are the future of the
nation. No nation can stand without the youth and the ability they possess.
The Kids Rights Index 2020[5]
ranks Iceland first as a country where children’s rights are best guaranteed. Where, on the other hand,
Chand, Afghanistan, and Sierra Leone are at the bottom of the 2020 Index. As for girls 91 of 182
countries surveyed showed that girls are discriminated against and have no equal
rights.
Considering all the facts and figures the question arises that despite
several laws, protection, and schemes
for these groups still there is a probability of an increase in these numbers.
Having all the laws and policies for
them the number of vulnerable groups is still higher. There can be the following
reasons for the matter concerned: a) insufficient budget and funding
for their upliftment b) continuity in discrimination
and harassment by other groups c) that they are so marginalized that their upliftment may take several years d)
lack of awareness, complicated process
and poverty and high cost of litigation e) reaching to the authorities and
getting access to the justice
is like a challenge for them.
Access to justice doesn’t come in the first place; lack of awareness, no
education and not much included in the
main steam of society are the background factories in this
scenario.
Public Interest Litigation (PIL) in India has become the game changer in
these types of matters. PIL is really
a heroic step towards the transformation of vulnerable, marginalized groups.
PIL, to date, has made many
significant changes in the lives of these groups. M.C. Mehta v. State of Tamil Nadu[6] was a landmark
PIL in which the court ordered the state to prohibit children
from working at hazardous places, establish education and recreation
facilities for them, and a system of fines for employers.
Many nations are now promoting and taking care of the rights of
marginalized groups and investing in their proper development and upliftment.
United Nations has several departments for marginalized groups that
address their issues and provide them guidance and protection increasing opportunities for participation and representation and
more. These departments are UN DESA[7],
UNDP[8]
Resource Guide Toolkit on Marginalized Minorities in Development Programming,
and many more.
Conclusion
After all the laws, legislation, framework, reaching out to marginalized people, and implementation of laws and uses of
resources for marginalized groups matter.
Continuity in schemes and development programs for these groups will
surely help reduce their issues and will make them stand out in the
mainstream of society.
All this is achievable and with some effort and focus on these groups’
rights and issues will solve all their
problems and they will become part of
the mainstream of society.
By persisting in our efforts, marginalized groups can overcome obstacles
and integrate into society.
Continuous schemes and development programs will reduce their issues, ensuring
equal participation. With focused
attention on their rights and issues, we can solve their problems, empowering them to stand tall as valued members of society.
[1] Martin Luther King, Jr., Injustice
Anywhere Is a Threat to Justice Everywhere, Goodreads,
https://www.goodreads.com/quotes/631479-injustice-anywhere-is-a-threat-to-justice-everywhere-we-are,
accessed, 21/10/2024
[2] 17 Countries Top List of World’s Worst
Human Rights Abusers, VOA News (May 27, 2011, 8:00 PM),
https://www.voanews.com/a/article-17-countries-top-list-of-worlds-worst-human-rights-abusers-
122958138/160303.html,
accessed, 21/10/2024
[3] The Best and Worst Countries for Women Worldwide, Statista (Apr. 24, 2020),
https://www.statista.com/chart/11754/the-best-and-worst-countries-for-women-worldwide/,
accessed, 21/10/2024
[4] Disability in the EU: Facts and Figures, European Council (Apr. 2021),
https://www.consilium.europa.eu/en/infographics/disability-eu-facts-
figures/#:~:text=1%20in%202%20feel%20discriminated,with%20disabilities%20feel%20discriminated%20against,
accessed, 21/10/2024
[5] Children’s Rights Globally Under
Pressure Due to Corona Crisis, KidsRights (May 2020),
https://www.kidsrights.org/news/childrens-rights-globally-under-pressure-due-to-corona-
crisis/#:~:text=Iceland%20in%20first%20place%2C%20compliments,the%20CRC%20is%20notable%20neverthele
ss,
accessed, 21/10/2024
[6] M.C. Mehta, Drishti IAS, https://www.drishtijudiciary.com/important-personalities/m-c-mehta,
accessed, 21/10/2024
[7] United Nations Department of
Economic and Social Affairs, UN DESA, https://www.un.org/en/desa, accessed, 21/10/2024
[8] United Nations Development Programme,
UNDP, https://www.undp.org/,
accessed, 21/10/2024