Equality and Justice PDF

3. Equality and Justice In this chapter, we will study the Therefore, equality is a rational concept. concepts of Equality and Justice. We will History of Equality : In political study the meaning of equality in the philosophy, the idea of equality h...

3. Equality and Justice In this chapter, we will study the Therefore, equality is a rational concept. concepts of Equality and Justice. We will History of Equality : In political study the meaning of equality in the philosophy, the idea of equality has been context of equality before law, political studied since Greek times. The idea of equality and principle of equality of equality developed in the context of the opportunity. We will also study the types struggle against torture, absolute of equality. Similarly, we will try to monarchy, and unequal social conditions. understand concepts of legal justice, Aristotle, Hobbes, Rousseau, Karl Marx natural justice and social justice. and Tocqueville have contributed to the Equality development of the idea of equality. Equality is an important value in Aristotle had propounded the idea of human society. Equality does not mean equality in the ancient Greek city state uniformity. When we say all are equal system. His idea of equality was confined what we mean, is that all have to be to the citizens of the city state. His idea treated equally. Aristotle’s approach to of equality developed with reference to equality, had a narrow scope. In modern the ruler and the ruled. He considered times, the meaning of equality has them naturally unequal on the basis of broadened. Empathy, tolerance, self- their inequalities in intellectual and respect are aspects that are included in administrative abilities. In Athens, the the understanding of equality. Hence, term citizens excluded foreigners, slaves equality has a moral and collective and women. Aristotle tried to reduce dimension. In addition, today, equality is inequality through the idea of a also looked at as a political goal. constitution. He sought to remove the There are various types of inequalities concept of special status and advocated in the world. There exist natural and equality before law. In his book ‘The manmade inequalities. Natural inequalities Politics’ he explained the co-relation include differences in colour, height, between equality and justice. talent, physical strength, genetics, etc. Thomas Hobbes propounded the idea Manmade inequalities are created on the of natural equality in his book ‘Leviathan’. basis of caste, money, religion, etc. It is Hobbes argued that despite having accepted that individuals have different physical and intellectual inequality, all abilities, capabilities and attitudes. individuals must be treated as equals. It However, individuals should be given is important that every individual has equal opportunities to develop their skills certain rights as a human being. The and talents. There should be equality in government cannot take away these rights. social, political and economic system of This was his idea of natural equality. the society. The concepts of Liberty and Rousseau has analysed natural and Justice are judged on the basis of Equality. manmade inequalities. The idea of 18 pleasure grew in society. This led to man fulfilment of basic needs of the dominating others. It is the feeling of society. greed that gave rise to the concept of (ii) Human dignity is not possible when property and the concept of division of a society has social and material labour. It is the concept of private property inequalities. Hence, equality is and division of labour that led to the necessary to uphold the dignity of the exploitation of the people, leading to the individual. creation of artificial inequality by the rich (iii) Equality is necessary for mutual class. Rousseau further argued, that respect amongst members of a inequality is also created due to differences society. The equal opportunity for in physical strength and abilities of development of individuals is possible individuals. He suggested that equality only, when there is respect for each can be brought in through natural law. other. Karl Marx rejected the liberal idea of (iv) Social equality brings in fraternity. equality and propounded the socialist idea Liberty and equality are possible of equality. According to him, equality only when there is fraternity. can be achieved through the creation of Facets of Equality : The facets of a classless society. Marx gave importance equality are: to emancipation of workers from exploitation and equal distribution of (i) Equality before law and equal means of production. According to him, protection of law: Law treats all equality achieved through this would be citizens equally and it is equally different from the liberal ideas of equality. applicable to everyone. Rich and poor, strong and weak may not Tocqueville put forward the idea of necessarily have the ability to equality on the basis of the study of the implement this principle. In the American war of independence. The idea courts, rich and poor should be of equality developed in the process of judged on an equal criterion. Judiciary the abolition of the feudal system and the should not discriminate between establishment of democracy. According to black and white or rich and poor. Tocqueville, equality is necessary for Therefore, it is necessary to accept ending dependency and slavery of people. the principle of equality before law He argued that people give more and equal protection of law. importance to equality rather than Liberty (ii) Equality of Opportunity: Everyone in democracy. However, this does not should get equal opportunity for the mean that equality is achieved through development of their personality and the denial of freedom. enhance their qualities. Deprived Importance of Equality : Equality sections of population can compete aims to reduce inequalities. We need with privileged sections only when equality for: there is provision for education and (i) Equality is necessary to create just social wellbeing. Hence, equality of conditions. The acceptance of the opportunity is considered as a base principle of equal distribution of of equality. resources is necessary for the 19  (ii) Civil Equality: Civil Rights are Do you know ? equally available to all people. There will be equality before law. People The concept of equality is a will not be discriminated on the basis central idea of political philosophy. of race, colour, caste, religion, gender, There are three indicators of this etc. It also means equal punishment concept- for the same crime and equal Welfare equality: Fulfilment of protection of law. Law should not needs of an individual is more give privileges to any specific section important than what is readily of society. Special laws made for the available for him protection of the weaker sections of Equality of resources: It means the society like women, children, equitable distribution of resources physically challanged, backward classes, etc. do not violate the concept Equality of capabilities: The usage of civil equality. of resources by people is more important than the availability of (iii) Political Equality: Every citizen has those resources. an equal right to participate in the affairs of the State. This type of equality is possible only in a Do this. democracy. However, it is necessary Read and discuss about Amartya to make deliberate efforts to inculcate Sen’s Capabilities Approach to Equality. this concept in the society. Political inequality may lead to unrest in Types of Equality : There are five society. Political equality is based on types of Equality. Laws of Representation and Universal Adult Franchise. (i) Natural Equality: Natural equality considers all human beings equal. (iv) Economic Equality: Economic Natural equality does not mean equality is the foundation of political nature has created all men equal in equality. Economic inequality results their abilities and qualities. But, it into division of society. Economic means that, individual should not be equality means providing equal discriminated on the basis of their opportunity to all for one’s natural abilities and each one should development; absence of economic get an opportunity for development exploitation; prevention of of their individual personality. concentration of wealth and availability of essential goods and Plato and Aristotle did not believe in services to everyone. According to natural equality. However, Western Harold Laski, equality should be at Christian thinkers believed that all least regarding essential commodities human beings are children of the of life. Ernest Barker believes that same God. In modern times, Hobbes, the State should give equal right of Locke and Rousseau talked about property to all; but this does not natural equality in the State of mean that wealth should be distributed Nature. 20  equally. He maintains, that everyone major obstacle to social equality. There has a right to accumulate property is a need to make a simultaneous effort according to their ability. to achieve social and economic equality. Similarly, equality is necessary to achieve Discuss individual liberty. Search for the provisions of The In Indian society, there is a hierarchy Bonded Labour System (Abolition) of castes. Similarly, there also exists Act, 1976 and organise a debate in gender inequality in India. The patriarchal the class. system in India creates social, economic, political inequality amongst males and females. Along with this there is also an (v) Social Equality: Social equality unequal distribution of resources amongst means there would be no distinction the genders. Therefore, Mahatma Phule, between people on the basis on caste, Tarabai Shinde, Justice Ranade and Dr. religion, race, occupation, gender, Babasaheb Ambedkar argued in favour of etc. It is expected that every section just and equitable distribution of resources. of the society contributes to the wellbeing of the society. We have to accept the dignity of labour in Some aspects of equality on society. However, we still find which Indian thinkers focused- discrimination on the basis of caste, religion, race, gender, etc. in India. Similarly, we find racial discrimination in South Africa and Mahatma Jyotirao United States. Phule (1827-1890) Mahatma Phule and Dr. Babasaheb Ambedkar stressed on the concept of an Indian social social equality in India. They tried to activist and a thinker. awaken sense of identity and worked for Focused on elimination of gender and the upliftment of backward and weaker caste discrimination. sections of the society so as to give them a life of dignity. It is the responsibility of the State to Justice Mahadev ensure equal social status and equal rights Govind Ranade to all. This is ensured by the State (1842-1901) through legislation. For example, in India, Scholar and Social laws were made regarding abolition of Reformer. Founding untouchability. member of the Indian National Congress and a social reformer. Equality in the context of India Worked in the area of child marriage, In a diverse society like India, it is widow remarriage and women’s necessary to make efforts to achieve rights. social equality. The caste system is a 21  Tarabai Shinde Discuss (1850-1910) What will you do to help children a feminist activist. from economically backward families Focused on for their education? emancipation from rigid caste system. Justice Mahatma Gandhi Justice is an important concept in the (1869-1948) social and political life of a human being. leader of the Indian Justice is an ancient concept. Socrates independence movement. considered justice as a political virtue. Focused on social, For him, a good society is a just society. economic and political Plato has put forward the concept of dimensions and stressed on gender Justice in his work ‘The Republic’. He equality considered Justice as one of the characteristics of a human being. Aristotle Dr. Babasaheb argued that a society can achieve justice Ambedkar if it is able to create equality, balance (1891-1956) and proportion in a society. These an Indian jurist, definitions of Justice are of the Greek era. economist and social In modern times, the concept of Justice reformer. Focused on has emerged in different ways. They include natural justice, legal justice, social social, economic, political and cultural justice and gender justice. discrimination and elimination of caste According to John Rawls, ‘Justice’ system. should be the first feature of any social institution. The concept of justice emerges Dr. Ram Manohar from the actions and the needs of human Lohia (1910-1967) beings because there is a limitation of a socialist political available resources. The distribution of leader. Focused on resources, in terms of who gets what and elimination of when, is a key aspect of justice. dominance of English language, caste and men. Types of Justice : (i) Natural Justice: The concept of Dr. Amartya Sen natural justice is linked to the very (1933 - -) existence of a human being. A human an economist and being is part of nature therefore he philosopher. can intrinsically understand concept Focused on of right and wrong, justice and development of injustice. Justice based on the concept capabilities of of natural justice is universally individuals. accepted by all. Ancient Greek and Roman philosophers advocated the 22  concept of natural justice. Since man procedures. It means that cases naturally understands what is right should follow proper legal procedure, and what is wrong, there is no need correctly interpret the law and treat to create manmade laws. This is the everyone as equal before law. Justice meaning of natural justice. is related not just to an individual (ii) Legal Justice: Legal Justice is the but to the society. Robert Nozick application of the abstract concept of advocated the concept of Procedural justice through the implementation of Justice while Karl Marx, law. John Austin considered law as Dr. Babasaheb Ambedkar and John a means to establish justice as well Rawls argued as a means to suppress injustice. in favour of Justice is a precondition to law as Social Justice. without it, law will only be a means Karl Marx to suppress people. considers the State as an instrument of Do you know ? exploitation of Karl Marx (1818-1883) A German Philosopher Legal Justice includes the workers. This following: instrument is in the hands of the (i) Judiciary should be independent capitalist class. Since the laws are and impartial. made by the State, it is natural that they protect the interest of the (ii) The judicial proceedings should capitalists. Marx maintained that the be conducted in a tension free transformation of the capitalist system atmosphere. into a socialist system will ensure an (iii) There should be specific rules equitable distribution of resources. for judicial proceedings. The socialist system gives a priority (iv) The accused should be informed to the right of equality of the ‘have- about the charges against him. nots’ rather than the right of property of the ‘haves’. Thus, according to (v) The accused should have the Marx, implementing socialist agenda freedom to plead his case. is considered to be justice and that the Judiciary should be committed to (iii) Social Justice: Social Justice means socialism. the equitable distribution of goods and services on the principle of equality. It is necessary to ensure Do you know ? that the weaker sections get adequate Haves: Refers to that section of share in this distribution. Hence, the population who own the means social justice is also known as of production. distributive justice. Have nots: Refers to that section Procedural Justice and Social Justice of population who are predominantly are two approaches to Justice. the labour. Procedural Justice involves legal 23  John Rawls was an advocate of loans, health services, etc. for weaker Social Justice, who advocated the concept sections of the society. of Distributive (c) Eradication of unjust social and Justice. Rawls theory economic practices which exploit backward of social justice classes. focuses on the just It would be worthwhile to note what desires of individuals Dr. Babasaheb Ambedkar said in his in society. In his reply to the debate on the adoption of the John Rawls (1921-2002) book, A Theory of An American Philosopher Justice, Rawls argues Indian Constitution. He said: ‘If we wish to maintain democracy not merely in form, that the concepts of freedom and equality but also in fact, what must we do? The are not mutually exclusive. He concludes first thing in my judgement we must do that for justice to be truly just, everyone is to hold fast to constitutional methods must be accorded with the same rights of achieving our social and economic under the law. objectives’. He further said: ‘We must Rawls has put forth two principles of make our political democracy a social social justice: a) Fundamental rights and democracy as well. Political democracy duties must be uniformly applicable. A cannot last unless there lies at the base system can be just only when, those at of it, social democracy. What does social the bottom of the system are able to democracy mean? It means a way of life benefit from it. b) There must be equality which recognises liberty, equality and of opportunity for all the public offices fraternity as principles of life’. that are available. This is Rawls concept In short, Justice and Equality are the of fairness. basic values of the State. Indian concept of Justice Discuss There exist different kinds of inequalities in India, such as those created Explain which of the following through the caste system, patriarchal incidents violate the principle of system, etc. Dr. Babasaheb Ambedkar equality and justice ? argued that justice would be achieved (i) Reserved seats for women in Buses when the structure and values associated and Trains. with these systems will change. Similarly, (ii) Reserved seats for physically he related the concept of justice to the challenged persons in Buses and concept of distribution of resources. The Trains. Constitution of India ensures justice (iii) Payment of Income Tax. through both, procedural justice and social (iv) Concessions in Fair Price Shops. justice. This is achieved through educational and economic development of economically backward classes. This is Discuss implemented through the following policies: Discuss the problems of children who have run away from their homes. (a) Policy of reservation. (b) Granting of scholarships, grants, 24  Do this. Visit the website of the Ministry of Social Justice and Empowerment and study the various policies for the weaker sections of the society. Exercise 1. (A) Choose the correct alternative and 2. Complete the concept map/maps. complete the following statements. 1. The base of political equality is. Types of Equality (democracy, dictatorship, military rule, monarchy) 2. John Rawls was an advocate of social equality justice. (distributive, political, economic, 3. State whether the following statements gender based) are true or false with reasons. 1. Democracy denies equality. (B) State the appropriate concept for 2. Equality is a political goal. the given statement. 3. Social democracy is a foundation of 1. Principle of equality which states political democracy. that each one should get an opportunity for development of their 4. Explain co-relation between the individual personality - following. 2. Type of equality which says that 1. Equality and Justice every citizen has an equal right to 2. Legal Justice and Social Justice participate in affairs of the State - 5. Express your opinion of the following. 3. Absence of economic exploitation - Casteism is a barrier to social equality. (C) Complete the following sentence 6. Answer the following. using appropriate reason. In India, laws were made regarding Explain Indian concept of justice. abolition of untouchability. Because Activity : (a) untouchability is a political concept Suggest ways by which women can travel (b) untouchability is legal concept safely to work. (c) social inequality is controlled by State legislation 25