Balancing Social Equality: Exploring Justice, Governance, and Environmental Accountability

21 Nov 2023

Introduction: An Overview

Social justice is a concept rooted in fairness and equity, aiming to ensure that all individuals in a society have equal access to opportunities, resources, and rights. 

Striving for a Just Society: The Path to Social Equality

  • Pursuing social justice entails confronting deep inequities in money and power
  • Ensures Equality: A just society does not seek full equality but rather ensures the fundamental conditions for living healthy, secure lives with equal chances. 
  • Conditions for Social Equality: Determining these conditions entails estimating basic necessities such as nutrition, education, and housing. 
  • Democratic Welfare Challenges: While democratic governments have a responsibility to provide basic necessities, doing so can be difficult in nations like India with sizable populations of the underprivileged.
  • Equality Strategies: There is debate on the best way to provide equality for disadvantaged citizens. 
    • Some argue for free market competition to benefit the poor without affecting the wealthy, whilst others feel that governments should provide a basic minimum for the poor, possibly through resource redistribution.
John Rawls’ Theory of Social Equality and  Justice

  • According to John Rawls’ theory of justice, we can attain fairness and justice in society by imagining ourselves behind a “veil of ignorance,” unaware of our future position or advantages. 
  • Individuals in this scenario would make judgments based on rational self-interest while simultaneously considering the worst-case scenario. 
  • This method ensures both reasonable opportunities for disadvantaged groups and societal advantages. 
  • According to Rawls, rational thought, not only morality, motivates us to divide societal advantages and obligations properly
  • This idea provides a persuasive approach to issues of fairness and justice.

Market Vs. State: Navigating the Economic Dichotomy

Aspect Free Markets State Intervention
Principles
  • Emphasizes individual freedom, property ownership, fair competition, and voluntary agreements.
  • Recognizes the need for certain regulations to ensure fairness and a minimum standard of living.
Distribution of Benefits
  • Believes unregulated markets can naturally distribute benefits and responsibilities justly.
  • Advocates for state intervention to ensure equitable distribution, especially for the disadvantaged.
Modern Perspective
  • Some support partial regulation, with private agencies providing services while the state empowers citizens.
  • Suggests that the state should establish a legal framework to maintain competition and fairness.
Access to Services
  • Offers consumers more choices but may not guarantee affordable access to essential goods and services.
  • Aims to provide basic services to all citizens, bridging gaps in access and affordability.
Quality of Services
  • Private businesses often provide higher-quality services, but costs may exclude the economically disadvantaged.
  • Concerned with providing quality services that are accessible and affordable for everyone.
Social Equality
  • Tends to favour the wealthy and powerful, potentially widening social inequalities.
  • Aims to ensure equal access to services and opportunities, reducing disparities.

Legal Safeguards: Ensuring Social Equality in Markets

  • Legal Regulations: In a market context, legal regulations play a vital role in safeguarding various aspects of societal well-being and social justice. 
  • Worker Rights: The problem of workers’ pay is a major source of worry. Corporations and commercial organizations frequently put profits over worker rights and fair compensation. However, the law steps in and declares such actions illegal. 
    • Example: The concept of minimum wage ensures that workers are appropriately compensated and are safeguarded from underpayment. Regular modifications to minimum wages provide long-term economic justice.
  • Law Enforcement: Enacting laws alone is insufficient; their enforcement is crucial, especially when vulnerable individuals require protection from more influential entities. 
  • Constitutional Backing: In India, the Constitution’s fundamental rights form the basis for these laws. 
    • Example: The Right Against Exploitation prevents people from being paid very little or working in harsh conditions. 
    • The Constitution also says that “no child shall be employed to work in any factory or mine or engaged in any other hazardous employment” until they are 14 years old.

Bhopal Gas Tragedy: The World’s Worst Industrial Disaster

  • Tragedy: The Bhopal Gas Tragedy happened in Bhopal, India, 38 years ago. 
  • Company: A company named Union Carbide had a pesticide factory there. 
  • Methyl-Isocyanate: On December 2, 1984, a dangerous gas called methyl-isocyanate leaked from the factory.
  • Mass Killing: It hurt over 8,000 people and killed them in three days. 
  • Affected People: Most of those exposed to the poison gas came from poor, working-class families, of which nearly 50,000 people are today too sick to work.
  • Denial of Responsibility: Union Carbide didn’t take full responsibility even though they were at fault. 
  • Settlement: The government took them to court and asked for $3 billion but settled for much less $470 million in 1989. 
    • People didn’t like this, but the court agreed.
  • Harmful Chemicals Left: After the tragedy, Union Carbide stopped working but left behind harmful chemicals.
  • Sleepage: These chemicals got into the ground and water, making things dirty. 
  • Dow Chemical, who owns the place now, hasn’t cleaned up the mess. 
  • Accountability: This disaster reminds us that companies must be careful, or people and the environment suffer.

Legal Landscape: The Nexus of law and environment

  • Environmental Regulation: India had little environmental protection regulations up to 1984, which allowed industries to pollute without restraint. 
  • Ensure Liability: Following the Bhopal gas tragedy, the Indian government passed new environmental rules in response to demands from environmentalists. 
    • Because the environment is a shared resource, these rules made polluters liable for environmental harm. 
  • Supreme Court Ruling: In Subhash Kumar vs. the State of Bihar (1991), the Supreme Court ruled that the Right to Life is a Fundamental Right under Article 21 of the Constitution, and it encompasses the right to clean water and air for full enjoyment of life. 

Conclusion:

  • Disagreements over distribution and justice are both inevitable and productive in a democratic society. 
    • These disparities compel us to investigate many points of view and logically advocate for our own. Politics involves resolving such disagreements through reasoned dialogue. 
    • Various social and economic inequities persist in our country, necessitating ongoing attempts to address them.

 

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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