Understanding of Social

Justice
 Rawl’s theory of justice:
 First: each person is to have an equal right to

the most extensive basic liberty compatible

with similar liberty for others.
 Second: social and economic inequalities are

to be arranged so that they are both

(a)reasonably expected to be to everyone's
advantage, and (b) attached to positions and
offices open to all.
 Thus, there must be
◦ Equality in assignment of basic rights and duties.

◦ Social and economic inequality can be justified only

if it results in compensating benefits for everyone,
especially for the least advantaged member of the
society.
 Thus in the quest of justice, the occurrence of
natural endowment is nullified leading
towards economic and political advantage.
 Very importantly, the position must be
acceptable to most of the persons.
 The basic liberties of citizens are:
 political liberty (the right to vote and to be eligible for

public office) together with

 freedom of speech and assembly;
 liberty of conscience and freedom of thought;
 freedom of the person along with
 the right to hold (personal) property; and
 freedom from arbitrary arrest and seizure as defined by

the concept of the rule of law.

These liberties are all required to be equal by the first
principle, since citizens of a just society must have the
same basic rights.
 The second principle applies to the distribution of
income and wealth and to the design of
organizations that make use of differences in
authority and responsibility, or chains of command.
 While the distribution of wealth and income need
not be equal, it must be to everyone's advantage,
and at the same time, positions of authority and
offices of command must be accessible to all.
 One applies the second principle by holding
positions open, and then arranges social and
economic inequalities so that everyone benefits.
 Hierarchy must be there between these two
principles. Firstly, the first principle should be
applicable n then the second.
 Unless and until the basic liberties are

achieved, social and economic equality

cannot be achieved.
 Case-Law 1: CERC v Union of India (1995) 3
SCC 42
 The preamble and Article 38 of the
Constitution of India the supreme law,
envisions social justice as its arch to ensure
life to be meaningful and liveable with human
dignity.

 Other provisions are Articles 39, 41-43A, 46,

47.
 Article 38(1) lays down the foundation for human
rights and enjoins the State to 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(e) charges that the policy of the State
shall be to secure "the health and strength of the
workers".
 Article 42 mandates that the States shall make
provision, statutory or executive "to secure just and
humane conditions of work".
 Article 43 directs that the State shall "endeavour to secure
to all workers, by suitable legislation or economic
organisation or any other way to ensure decent standard
of life and full enjoyment of leisure and social and cultural
opportunities to the workers".
 Art.46directs the State to protect the poor from social
injustice and all forms of exploitation.
 Article 47 obligates State to raise the level of nutrition and
standard of living and to improve public health.
 As human resources are valuable national assets for
peace, industrial or material production, national wealth,
progress, social stability, decent standard of life of worker
is an input.
 Occupational health hazards and diseases to the workmen
employed in asbestos industries were the issue in the
writ petition by way of public interest litigation at the behest of
the petitioner, an accredited Organisation. At the inception of
filing the writ petition in the year 1986, though it highlighted
the lacuna in diverse provisions of law applicable to the
asbestos industry, due to orders of-this Court passed from
time to time, though wide gaps have been bridged by
subordinate legislation, yet lot more need to be done.
 So the petitioner seeks to fill in the yearning gaps and remedial
measures for the protection of the health of the workers
engaged in mines and asbestos industries with adequate
mechanism for and diagnosis and control of the silent killer
disease " asbestosis", with amended prayers as under-
Directions of the Court:
 Direction to all industries to keep health records of the workers
up to 40 yrs.
 Direct al factories to adopt the Membrane Filter Test
 Direct all industries to compulsorily insure the employees in
their industries entitling the workmen to get adequate
compensation for occupational hazard, disease or death.
 The Union and the State Governments were directed to review
the standards of permissible exposure limit value of fibre/cc in
tune with the international standards reducing the permissible
content as prayed in the writ petition referred to at the
beginning. The review shall be continued after every 10 years
and also as an when the I.L.O. gives directions in this behalf
consistent with its recommendations or any Conventions;
 The Union and all the State Governments were directed to
consider inclusion of such of those small scale factory or
factories or industries to protect health hazards of the worker
engaged in the manufacture of asbestos or its ancillary produce;
 (6) The appropriate Inspector of Factories in particular of the

State of Gujarat, was directed to send all the workers, examined

by the concerned ESI hospital, for re-examination by the National
Institute of Occupational Health to detect whether all or any of
them are suffering from asbestosis. In case of the positive Ending
that all or any of them were suffering from the occupational
health hazards, each such worker should be entitled to
compensation in a sum of rupees one lakh payable by the
concerned factory or industry or establishment within a period of
three months from the date of certification by the National
Institute of Occupational Health.
 Justice, according to law, comprehends social urge
and commitment.

 The Constitution commands justice, liberty, equality

and fraternity as supreme values to usher in the
egalitarian social, economic and political
democracy. Social justice, equality and dignity of
person are corner stones of social democracy. The
concept '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

sufferings of the poor, weak, Dalits, Tribals and deprived
sections of the society and to elevate them to the level of
equality to live a life with dignity of person. Social justice
is not a simple or single idea of a society but is an
essential part of complex of social change to relieve the
poor etc. from handicaps, penury to ward off distress,
and to make their life liveable, for greater good of the
society at large.
 Thus, the aim of social justice is to attain substantial
degree of social, economic and political equality,
which is the legitimate expectations. Social security,
just and humane conditions of work and leisure to
workman are part of his meaningful right to life and to
achieve self-expression of his personality and to enjoy
the life with dignity.

 The State should provide facilities and opportunities

to them to reach at least minimum standard of health,
economic security and civilised living while sharing
according to the capacity, social and cultural heritage.
 Case-Law 2: ESIC v Fancis De Costa 1993 Supp
(4) SCC 100
 The employee claimed before the court that he
suffered injury while on the way to his duty, it
was an `employment injury‘ and therefore he
was entitled to compensation under the ESI Act,
1948.
 The Employees’ State Insurance Act, 1949 seeks
to cover sickness, maternity, employment
injury, occupational disease, etc. The Act is a
social security legislation.
 It is settled law that to prevent injustice or to
promote justice and to effectuate the object
and purpose of the welfare legislation, broad
interpretation should be given, even if it
requires a departure from literal construction.
 The Court held that it must seek light from

Arts. 38 and 39 and the economic and social

justice envisaged in the Preamble of the
Constitution which would enliven meaningful
right to life of the worker under Art. 21.
 This case was though refereed to larger
bench which decided against the employee
and held that while coming to office he was
not injured in the course of employment and
therefore he would not get compensation
under the ESI Act.