1. Introduction
The differences and conflicts between privileged and oppressed class is very common phenomenon when the instrument named "state" was used to be "Laissez faire"[1]. Social justice refers to a political and philosophical theory that focuses on the concept of fairness in relations between individuals in society and equal access to wealth, opportunities, and social privileges. It first emerged in the 19th century, as there were wide disparities in wealth and social standing perpetuated through the social structure of the era. Society existing in our country is diverse and plural [2]. Theory of state has been changed. State i.e. welfare state; the state not only provides security from external aggression but it also endeavours to minimize or remove the disparities or differences between different groups. Social Context Adjudication which means equality jurisprudence as evolved by the Parliament and the Supreme Court in myriad situations presented before Courts where unequal parties are pitted in adversarial proceedings and where Courts are called upon to dispense equal justice. According to Friedlander social welfare consists of the organised services and institutions, designed to aid individuals and groups to attain satisfying standards of life and health, and personal and social relationships which permit them to develop their full capacities and to promote their well-being in harmony with the needs of their families and the community (Friedlander, 1967) [5]. Every country has their own way of social justice.
2. Advantages of social context adjudication
- It helps the poor in an unequal fight.
- It promotes social cohesion and national unity in that it gives all citizens a stake in society and guarantees at least some basic social support.
- It ensures prosperity by countering the effects of social deprivation and helping those who cannot help themselves.
- It serves as a redistributive mechanism that promotes greater equality and strengthens a sense of social responsibility (Heywood, 2005).
3. Cases
There are number of social justice legislations giving special protection and benefits to vulnerable groups in the society.
- Badshah vs. Urmila Badshah Godse
The Supreme Court rightly opined that Section 125 of the CrPC must be given a purposive interpretation as the courts deal with the deprived parts of society when they deal with the application of a destitute wife, hapless children, or parents under this clause.
The aim is to achieve the constitutional vision of social justice, enshrined in the Preamble of the Indian Constitution [3].
- Shayara Bano vs Union of India (Tripal Talaq)
The Triple Talaq judgment is widely appreciated throughout the jurisdictions as a protection shield against the social evil such as this practice promoted. The majority bench on the face of it criticized the government for not making relevant laws to prohibit such a regressive practice. This act allowed the husband to end the marital tie on his whims and fancies, thereby making the life of the women hell.
- Decriminalization of 377
Unnatural offences; Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section [7].
- Protecting the rights of migrant labourers during the pandemic COVID-19:
The Hon'ble SC has directed the Centre and States to withdraw any complaint or prosecution lodged against migrant labourer who were trying to leave for their native place. Moreover, the Hon'ble Court has held that states are responsible to provide them food and shelter and they can't be charged for their travel [4].
- Legality of live-in-relationship
In the case of Lata Singh v. State of U.P. (2006), the Supreme Court ruled that, although live-in relationships are considered unethical, they are not illegal under the legislation. The same kind of observation was made in the judgement of Badri Prasad v. Deputy Director Consolidation (1978)as well as in the case of SPS Balasubramanian v. Suruttayan (1993), that if a man and a woman have resided together for a long duration of tim9mthe legislation will assume them to be legally married unless the reverse is proven. A strong assumption favours marriage, but it is arbitrable, and the person contradicting it bears the burden of proof. Furthermore, children born from such a relationship would be eligible to inherit from the parents properties [6].
4. Conclusion
Undoubtedly, the Hon'ble SC through social context adjudication, in the plethora of cases has ensured equality, dignity and justice for everyone. Hence, it is an important factor to preserve the rule of law, which comes within the ambit of the basic structure of the Constitution of India. Though, the Hon'ble SC in a plethora of cases has safeguarded the rights of vulnerable sections through this mechanism. Still, there are many contemporary issues prevalent in society which requires such adjudication to ensure justice, such as:
- Criminalization of marital rape
- Permitting same-sex marriage
- Enactment of gender-neutral laws in India
- Adoption for genderqueer person
This mechanism plays a key role in the adversarial litigation where a Judge has no role in the investigation and decides the case on the basis of arguments of the parties. In such a system, the positive inclination of the Judge towards the weaker party, whose rights are in question, guard, justice for such party.
5. Citation
[1]. https://ir.nbu.ac.in/bitstream/123456789/3235/1/September-2011_11.pdf
[3]. https://lawplanet.in/badshah-vs-urmila-badshah-godse/
[4]. https://labour.mp.gov.in/LabourCommissioner/StaticPages/ConstitutionalProvisionsRelatingToLabour.pdf
