scholarly journals Riservation Policy: Sources for Achieving the Social Justice in India

2019 ◽  
Vol 6 (4) ◽  
pp. p424
Author(s):  
Shiw Balak Prasad

In a democratic form of Government all citizens of the country are equal before the law of land. There is no scope of differences in any stage of life between them. Although natural discrimination may be possible, but politically and legally all should be equal. Discrimination on one or more of these factors became normal feathers particular in the third world countries of Africa and Asia. Really this social discrimination reflects in political rights and economic opportunities of the people so that the question of social justice became very important.In India, there has been so many social, economic and educational discrimination among the people from the very beginning. Weaker sections of the people have been deprived their rights. They are living like animal even today. So, Framers of the constitution of India include the provisions of reservation in the constitution of some posts of Government services to Scheduled Caste, Scheduled Tribes and Other Backward Classes for their upliftment. Actually, these reservation policies were implemented for scheduled castes and scheduled tribes only at the time of implementation of the constitution. After very long time, the then prime minister Late V.P. Singh had implemented 27 percent reservation to other backward classes for gaining of Social Justice. But due to conspiracy and the upper castes the conditions of reamy layer were imposed by the supreme court of India. Thus this paper will disclose all secrets in this countex.

Author(s):  
Gary Dorrien

The generation of black social gospel leaders who began their careers in the 1920s assumed the social justice politics and liberal theology of the social gospel from the beginning of their careers. Mordecai Johnson became the leading example by espousing racial justice militancy, Christian socialism, Gandhian revolutionary internationalism, and anti-anti-Communism as the long-time (and long embattled) president of Howard University


2000 ◽  
Vol 24 (2) ◽  
pp. 443-450
Author(s):  
J. Morgan Kousser

The often kind and always interesting comments of Larry Griffin, David James, and Bradley Palmquist touch different aspects of Colorblind Injustice. Let me respond to them, in effect, in chronological order, according to which periods of history illuminate the comments the most. Palmquist points out that institutions like the Supreme Court may suddenly reverse their decisions, as the Court did in the !“switch in time that saved nine” after FDR had proposed to pack the body in 1937, or as it over-turned Plessy v. Ferguson (1896) in Brown v. Board of Education (1954). But as the Brown example suggests, it often takes a long time to overturn precedents, and that is the case with minority voting rights, as well. It was 25 years after Richard Nixon’s “southern strategy,” 24 years after Earl Warren ceased to be Chief Justice, and 23 years after Nixon proposed to water down the Voting Rights Act before the overwhelmingly Republican Supreme Court dared to seriously undermine African American and Latino political rights. Even then, they hesitated to attack the Voting Rights Act itself directly. Major institutions are tough in two senses: their policies often have large impacts, and the institutions, including those as tiny as the nine-member Supreme Court, are difficult to change.


Author(s):  
Leehu Zysberg

Abstract The summer of 2011 has seen the first mass-scale social protest in Israel in its 70 years of existence. This social wave that shook the country, showed unique characteristics a-typical of most social and political uprisings, that go largely unexplained by social theories of social change and crowd psychology. In this article I am analyzing published reports of the social protest of 2011, and draw the analogy with the concept of ‘Agoral Gathering’ that may account for these events and support discussion of their aftermath.


2017 ◽  
pp. 109-126
Author(s):  
Siti Merida Hutagalung

AbstractLaw problems are not finished yet until Indonesia entering its reformation era. AlthoughIndonesia actually is the Constitutional State, constitution has failed to provide protectionto the people. Supremacy of Law which is mandated by the Constitution 1945 is failed to beconducted, while law apparatus like public prosecutors, judges, polices and lawyers areinvolved playing the law. And then term as Law Mafia becomes familiar for public. Thegovernment has initiated various efforts to solve the law problems by making the NationalLaw Commission, Corruption Eradication Commission, Judicial Commission, Special TaskForce for Law Mafia, etc but it seems that it’s need a long time to improve the lawenforcement in Indonesia. But, law enforcement is still far from the ideals of rechts idée,and the aim of the State Law (Homeland/NKRI) as contained in the preamble of theConstitution paragraph four: developing the intellectual life of the Indonesian nation;creating more prosperous life or public welfare, and the fourth principle of Pancasila that isrealizing social justice for all the people of Indonesia.Keywords: Rule of law, Law enforcement, Constitution 1945, Law institution


2021 ◽  
Vol 9 (5) ◽  
pp. 947-951
Author(s):  
L. Thirupathi ◽  

This article attempts to evaluate the Grassroots democracy and the problems which are associated with the ineffective functioning of Panchayati Raj Institutions. It argues that how constitutional provision has created a scope for accomplishing development with social justice, which is the mandate of the new Panchayat Raj system. The new system brings all those who are interested to have a voice in decision making through their participation in Panchayat Raj Institutions. How it becomes the Panchayati Raj system is the basis for the Social Justice and Empowerment of the weaker section on which the development initiative has to be built upon for achieving overall, human welfare of the society. My research paper also analyses the working status and various issues and challenges of PRIs for 26 years after the 73rd constitutional amendment establishment of panchayats and municipalities as elected local governments devolved a range of powers and responsibilities and made them accountable to the people for their implementation, very little and actual progress has been made in this direction. Local governments remain hamstrung and ineffective mere agents to do the bidding of higher-level governments. Democracy has not been enhanced despite about 32 lakh peoples representatives being elected to them every five years, with great expectation and fanfare. My study would explore the grey areas such as lack of adequate funds, domination of bureaucracy, untimely elections, lack of autonomy, the interference of area MPS and MLAs in the functioning of panchayats also adversely affected their performance.


2018 ◽  
Vol 1 (2) ◽  
pp. 159-175
Author(s):  
Endah Lestari Dwirokhmeiti ◽  
Woro Winandi ◽  
Shinta Ayu Purnamawati

The existence of Baduy community in Lebak Regency is classified into 3 (three) groups, namely: a. Inner Baduy (Urang Kanekes); b. Outer Baduy (Urang Panamping); c. Baduy Dangka. In general, it can be described that the first group called the Baduy Dalam (Urang Kanekes) community is a society that obeys the entire rules or rules set by Pu'un (Kepala Adat). Baduy Dalam community lives in 3 (three) villages of Cibeo, Cikartawana, and Cikeusik. Related to the custom law in Baduy Dalam, for its adherents there is the enforcement of customary law, that is with the enforcement of customary criminal law for the offenders are subject to strict sanctions.One is the customary criminal society Baduy Dalam which provides social crime penalties for the community Banduy In violation of customary law. Philosophically Social work penalty is in harmony with the fifth principle of Pancasila, which is social justice for all the people of Indonesia, in which the value of hard work is included. In carrying out the social work crime, the convicted person is required to work hard in serving the crime. Social work crime is the "indigenous culture" of the Indonesian nation, because in Indonesian customary law is not known criminal deprivation of independence, namely imprisonment and imprisonment. The conformity of values adopted by the Indonesian nation with the values of social work crime is a driving force in the successful implementation of social work crime.


2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Woro Winandi ◽  
Endah Lestari Dwirokhmeiti ◽  
Shinta Ayu Purnamawati

The existence of Baduy community in Lebak Regency is classified into 3 (three) groups, namely: a. Inner Baduy (Urang Kanekes); b. Outer Baduy (Urang Panamping); c. Baduy Dangka. In general, it can be described that the first group called the Baduy Dalam (Urang Kanekes) community is a society that obeys the entire rules or rules set by Pu'un (Kepala Adat). Baduy Dalam community lives in 3 (three) villages of Cibeo, Cikartawana, and Cikeusik. Related to the custom law in Baduy Dalam, for its adherents there is the enforcement of customary law, that is with the enforcement of customary criminal law for the offenders are subject to strict sanctions.One is the customary criminal society Baduy Dalam which provides social crime penalties for the community Banduy In violation of customary law. Philosophically Social work penalty is in harmony with the fifth principle of Pancasila, which is social justice for all the people of Indonesia, in which the value of hard work is included. In carrying out the social work crime, the convicted person is required to work hard in serving the crime. Social work crime is the "indigenous culture" of the Indonesian nation, because in Indonesian customary law is not known criminal deprivation of independence, namely imprisonment and imprisonment. The conformity of values adopted by the Indonesian nation with the values of social work crime is a driving force in the successful implementation of social work crime.


2020 ◽  
Vol 7 (6) ◽  
pp. 1077-1081
Author(s):  
Parul Yadav ◽  
Komal Vig

Purpose: The research paper has been written in order to analyze the impact of reading down the notorious section of Indian Penal Code, 1860 which being Section 377 which penalized every sexual act other than a heterosexual union even if consensual in the judgment given by the Supreme Court of India in Navjot Singh v. Union of India on the society of India. This paper aims to see its impact on the morality of the Indian community on the known definitions and working of the morality in the social and the legal system. Methodology: In this work classical method of research has been followed which being doctrinal research also, a comparative analysis between the legal text of Section 377 of Indian Penal Code, 1860 and the judgments announced by the Supreme court of India has been undertaken with the proportional qualitative analysis done with moral set up of Indian Society. Main Findings: The analysis conducted on law and social structure of Indian Society by the researchers point out to the fact that after reading down of Section 377, the social set-up of India is resenting the recognition granted to third sex and gender because it disturbs its moral thread which has knitted the social structure known as of now and introduces a third angle in known concepts of sex and sexuality which till now have been relying on parallel tracks of male and female sex/gender. Application: This research piece will aid students in understanding the concept of morality and will demonstrate its effect on the working of the Criminal system of a country. Moreover, it will also give support in understanding the role of biological sex and sexual preferences in shaping law as known today. Novelty/Originality: This research is novel in its attempt of wherein morality has been traced in the criminal legal system of the country which is most prominent in issues related to the sex of the human body and its sexuality.


Author(s):  
Sergey N. Smolnikov ◽  

The article considers the place of social justice in modern law. Various aspects are noted: its relationship with the social state, legal state, civilizational particularities, historical features. The question of the significance of choice between the legality and legitimacy of power as a factor in the establishment of social justice is considered. The article raises the issue of the subject-object essence of social justice. It provides a comparison of two approaches to social justice in modern Russia — liberal and conservative, and notes the contradictory nature of both. Attention is drawn to the role of elites, the intelligentsia and the people in the embodiment of the liberal project. The author reveals the historical and civilizational prerequisites for the conservative project domination, its being in demand on the part of both the authorities and significant segments of the population, and its correspondence to the historical moment. The similarity of the conservative response to the challenges facing the society in the United States, Japan, Britain and Russia is substantiated. A sociological comparison of positions on the issues of law as social justice in the West and in Russia is given. There is an increasing divergence in understanding social justice both in the countries of the West (destruction of the social contract, welfare state) and between the West and the rest of the world. The theme of justice is increasingly playing a role in causing mutual claims rather than in stabilizing and maintaining international and civil peace. The paper considers attempts to create domestic models of a just society. Social justice is regarded as a projective concept and presupposes the existence of models of the expected and ideal future of society. The world trend towards change in the ideas of the subject of law and of the paradigm shift from liberalism to transhumanism is noted. It is argued that it is impossible to identify law with social justice.


2021 ◽  
Vol 25 ◽  
pp. 583-589
Author(s):  
Sanjeev Kumar Bragta

Baba Sahib Bhim Rao Ambedkar views on social justice are the very basis of the Indian Constitution. The social justice means providing equal social opportunities to everyone to develop their personalities, associated with equality and social rights. In every state it becomes important to secure a social order based on justice and creating an equal opportunity available to everyone. Mostly, the people are being treated with discrimination in size, color, caste, religion, race in the society because of they are mostly uneducated and from marginalized sections of the society that creates a social disorder and inequality among them. Hence, the need of the social justice is an inevitable and is the only weapon to prosper the people towards their active participation in the development and mainstream of the society. However, it becomes important to establish an egalitarian social, economic and political order in diverse society like India. It’s in this backdrop the article tries to explore the concept of social justice and Ambedkar view on it. How far Ambedkar’s reflection is visible in Indian Constitution and its relevance in the present times.


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