Isher Singh Jasrotia
India is the second largest democracy in the world, emerging as the developing nation, have made protracted and tremendous progress in the Nuclear capabilities, latest technological development in the department of telecommunication, science and technology, IT Industry, defence preparedness vis-a-vis. India is known the world over, having made friendly, good and bilateral relations recently with the neighboring and powerful nations of the world like America, China, Britain etc
The overall development is in the interest and welfare of the egalitarian society as well as the political influence and economic dependence across the world. The philosophy of our Constitution is that despite the different religions, castes, culture, tradition, regional disparities, a tremendous progress has been made. Its economy is developing at a very rapid rate despite many constraints and hindrances. It is a matter of concern & pride that India is on the path of developing country / Super Power in the International forum. Militancy has also been contained to some extent.
It is ironical and distressing that despite tremendous development taking place in every field, there is human right violation of modern society due to various reasons whereas the philosophy of our constitution is to built up a “Welfare State” – A state in which there is social justice, liberty, equality, fraternity as envisaged in our constitution. Importance and essence of these features is that these are the foundation stones of our modern civilization and egalitarian society and contemplation of these features in the vision of our modern society are of paramount importance for consistent development in every sector. But the fact is that even educated citizens have different idiologies and ignorant about the basic structure and features of our constitution.
In the present day context, it is most controversial issue and challenging factor before the society, needed to be discussed across the table since there has been human right violation at various levels as under: –
(i) Plight of Women: – There has been continuous process for bringing the civilizations and its convertibility into egalitarian society. But in reality, since the days our society came into existence, the women have not been treated equally due to numerous constraints and compulsions. They had been victim to various atrocities, physical and mental torture, economic and sexual assaults harassment, Child marriage, Dowry death, Infanticide and other multifarious crimes and victimization of women commensurate with other innumerable impediments, which have been the root causes for impairment of our society. These inhuman acts have endangered and damaged the civil society to a larger extent in the prevailing circumstances. The above atrocities against the women can also be gaused from the fact that different parties, have different ideology as have been seen in the Parliament during the election time and also during the election in Dehli all the parties have promised to give incenstivs
(ii) Prohibition of Traffic in Human being and forced labour
Under Article 23 and 24 traffic in human being and beggar and other similar forum forced labour are prohibited and contravention of the provisions shall be an offence punishable. It includes “traffic in human being” i.e. engagement of children and women as forced labour by land lords, rich and influential persons. No child below the age of 14 shall be employed to work in any factory or engaged in the hazardous employment. Such type of exploitation is a serious challenge to human freedom and civilization. Even Supreme Court directed that children should not be employed in hazardous embellishments.
(iii) Protection of life and personal liberty The Supreme Court has more than once observed “that,” those who feel called upon to deprive other person of their personal liberty, must strictly observe the forms and rule of law”. It is mentioned in the constitution that life and personal liberty are subjected to “the procedure established by law”. The Supreme Court was of the view in 1978 decision in Maneka’s case that there was no guarantee in our constitution against arbitrary legislation encroaching upon personal liberty. Guaranteeing of certain rights to each individual would be meaningless unless all inequalities are banished from the social structure and each individual is assured of equality of status and opportunity in the democratic form of society. The above constraints are due to flexibility of the constitution whereupon consensus is not arrived at by the political parties while making law in the parliament.
It is not one sided task, be it the Government, educational institutions, bureaucrats or the parentage rather it is the multifarious endeavor of the society as a whole, all forming part of our society, in the perspective of innovation of our civilization and democratic system and social norms as also given in the Directive Principles of state policy.
The society should be liberal, valuable, genius, magnanimous, spiritual, cooperative, creating spirit of brotherhood and above all a disciplined society, which could meet the challenges of anti-social elements, anti-terrorism, eradication of corruptions, heinous crimes and poverty which have damaged the society to a greater extent. Our society requires to establish “A Socialistic Pattern of Society” aim being to establish “Welfare State” as envisaged in the Constitution. The constitution further seeks to achieve the dignity of the individual by guaranteeing equal fundamental rights as well as fundamental duties as mentioned in the Directive Principle of state policy.
Social Justice – as a fundamental might in the comprehensive form can be meted out if we endeavor to eradicate the numerous constraints and compulsions, problematic issues, take pledge and are determined to remove social imbalances by law harmonizing the interest of different groups/sections – a way to built up a “Welfare State”
Let us hope for egalitarian society in the time to come.