Events & Issues

New Delhi, 8 December 2009

Idea of Justice

FIGHT FOR A HUMANE WORLD

By Dhurjati Mukherjee

Spotlight is once again on the question of justice, thanks to a recent book on the crucial subject by renowned economist and Nobel laureate, Prof. Amartya Sen. In recent times, the fight for justice and human rights has become all the more pronounced because various ethnic groups, including tribals and the dalits, have been agitating to get the basic necessities for a humane existence. As is well known, justice is to be understood as an attempt to remove various forms of injustice such as hunger, denial of basic health services, primary education, exploitation, gender inequality and non-responsive administration and ensure a dignified existence to the people.  

In the book entitled Idea of Justice, Prof. Sen pointed out that the political philosophy of justice needs to draw on welfare economics, on theory of social choice theory and measurement which is quite obvious. But human rights have too become intrinsically linked with the idea of justice as he himself observed that “justice and human rights are both, in some ways, parasitic”. The Nobel laureate has rightly stated that justice is not what has been legislated but what would be acceptable in an open public discussion. However, even in a democratic country like India it has its limitations because the development process regrettably is not inclusive and pro-people.

The acceptance of the majority is a theoretical proposition. As most of the people are uneducated in the country, they end up supporting decisions which go against them as they simply cannot comprehend the implications. Moreover, force, money power and other such things are used to get people on their side. Worse, in the panchayats there is only scattered protest against rampant corruption and debates are not so ‘open’.

Though the law is synchronous with justice, its implementation leaves much to be desired. If the implications go against the interests of the class that is to implement the decision, they would dither and try not to carry out the orders. Even if it is accomplished, the same will be done in such a manner that there would be little benefit with number of loopholes. Moreover, it is well-known that the poor and the deprived sections of the society have rarely received justice from Court orders though they may be favourable to them because the system is anti-people.

Undoubtedly, human rights are being violated the world-over and India is no exception. Let us take the question of rebelling against the State or professing a philosophy which is against it that has aroused much controversy in recent years. There are allegations that political parties are not allowed to carry on their activities in a free and unfettered manner while treatment of political prisoners leaves much to be desired.

It cannot be denied that the sending of troops in Jangajmahal in West Bengal without meeting at least some of the demands of the tribals, who languish in utter poverty and squalor, cannot be called just behaviour of the State government as it is well-known that the districts of West Midnapore, Bankura and Purulia are backward and there is need for evolving a strategy of development for livelihood security of the people. Similarly, there are areas in Jharkhand, Orissa and Chattisgarh where the tribals are in utter distress and need just treatment and the right to livelihood from the respective State governments. 

Prof. Sen mentioned that President Obama has put a lot of emphasis on basic capabilities and human rights, including healthcare and the right to a fair trial. This should be a pointer to the Indians as also many other governments where such trial is denied.

On the question of the widening disparities in income, it is unexpected that such discrepancy will not exist. But the State should not in any way subsidize facilities for one section at the cost of another. Mention may be made here of making available (or forcibly grabbing) agricultural land, mostly at below market prices, to help the business class set up industries or industrial townships without caring for proper and sustainable rehabilitation. There have also been large-scale evictions in the metros for beautifying cities again without proper and adequate rehabilitation. All this is no doubt unjust and goes against the interest of the impoverished sections of society who are struggling day and night for mere survival.

However, it may be difficult to comprehend a just society but there is great difficulty in implementation of welfare schemes and these reaching the intended sections. But what we may expect, and what Prof. Sen has emphasized, is that governance has to be just and should follow the accepted principles of justice. This is always echoed in seminars and conferences by the leaders of our society but the political will is lacking. Starting from weeding out corruption at the grass-root level, it is necessary to evolve strict measures to evaluate performance and take strong measures against those who perpetuate injustice and nepotism in the development process.  

At such a juncture when vast sections of the masses have been left impoverished, deprived and discriminated, when people are fighting for land, rights of self-determination and the empowerment of women etc, the call for justice and human rights becomes very much relevant. People fighting against displacement or for their livelihood cannot be branded ultra Left or anti-social and arrested without any justice being done.

Not just Naxalites or the Maoists but Muslims, dalits and tribals and all those fighting for the right to self-determination like the Kashmiris, Nagas, Assamese, the Bodos and the Kamtapuris, should not become targets by the respective State governments. It also needs to be stressed here that it has been found that Maoists are active in backward areas, where development has not reached the people. In the face of the people’s resistance, which is natural and just, the State should not act as an oppressor. Instead it should try to redress the problems of the poor in a democratic manner through discussions and dialogue.

Justice has to prevail in society through genuine participation of the people in the developmental process. Prof Sen’s book has, no doubt, triggered a debate -- of justice reaching the people and due cognizance taken of their basic human rights. If this is not done, violent resistance cannot be stopped because it cannot and should not be expected that the people would suffer without any protest.

Eminent sociologists and intellectuals have pointed out that impoverishment and exploitation of the backward sections continues unabated, there is bound to be resistance – sometimes violent – and this can only be averted through development measures,  discussions and dialogue with the people. Whether and how soon the planners would follow these principles enunciated by the Nobel laureate and others remains to be seen. ---INFA

(Copyright, India News and Feature Alliance)