Great transformations, historically speaking, are ushered either through revolution, social outrage or legislation. In India, legislation is the only agent that can serve as a catalyst.
The framers of the Constitution were acutely conscious of this and wrote a document which became the harbinger of transformation and hope. This unique piece of legislative philosophy promised its citizens all that had been denied to them for centuries — Article 38 envisaged "a new order" guaranteeing social justice.
An evaluation of more than 50 pieces of legislation belies the "Statements of Objects and
Reasons" that preface them. Poor implementation has blocked a more equitable distribution of wealth, and equal access to education and health. The promised "social order" is still elusive.
Gandhiji fought against untouchability; but it is still practised in places, notwithstanding the legislation enacted to abolish it. Sarvodaya and Antodaya aimed at ending hunger; it is still there. Legislation for the elimination of gender discrimination was enacted; it still persists. The Immoral Traffic (Prevention) Act was enacted to prevent trafficking among women and girls, but trafficking in women has increased. A hateful custom of "Devadasis" that kills the soul and dignity of voiceless young girls has been kept alive by some temple priests. A form of bonded labour under the guise of social practice, "Burtan", currently under the consideration of the National Human Rights Commission (NHRC), has revealed the apathy of both the state and society.
The NHRC has come across another ugly reality — the phenomenon of the "living dead". Musclemen, aided by officials, deprive the poor and elderly of their meagre land holdings by showing them dead and getting their own names entered in records as legal heirs. The practice thrived and expanded to almost all districts of a particular state until the high court and the NHRC intervened and helped restore the land holdings to their rightful owners.
The case of the most backward KBK districts of Orissa (Kalahandi, Bolangir and Koraput) was heard by the NHRC for nine long years. The lack of commitment from the state to eradicate poverty is at the root of the misery of the people. Besides, failed programmes of poverty alleviation, including failure to resolve land issues, have worsened the conditions the tribal people live in. The commission's intervention has been a small ray of hope.
Numerous incidents of suicides by farmers are indicators of their failure to eke out anything from the crops they have been sowing. Harvesting nothing but despair from their fields, they shorten their own life spans to escape their abject poverty. It is hard to imagine a more poignant commentary on this than the feature film Peepli Live. The many brick kilns dotting the countryside are places where migrant labourers are used like bonded workers. Nothing moves the authorities to invoke the provisions of either the Bonded Labour System (Abolition) Act or the Minimum Wages Act. The NHRC's inquiries have revealed appalling levels of ignorance of the laws meant to safeguard poor migrant workers moulding bricks.
A large number of cases of silicosis in two states have got caught in passing-the-buck. One state is trying to absolve itself on the plea that the workers do not belong to it and the other says that they had migrated from the adjoining state which should bear liability. This is despite the Workmen's Compensation Act that entitles the victims to compensation.
At this very moment, we are in the process of witnessing one of the worst examples of the denial of social justice: workers engaged in construction at the Commonwealth Games sites are the victims of exploitation, corruption, and utter apathy to labour laws in the "world-class" city of Delhi that has strived hard to put up a "world-class" show. Unfortunately, we have missed an opportunity to showcase how justly we treat our own workmen — instead we have a complete bypassing of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
What ails the systems is corruption and incompetence impeding social justice and the protection of human rights. Corruption has become the national diabetes, corroding the body-politic from within and weakening its limbs to perform. Its vertical rise and horizontal expansion have severely reduced the capacity of institutions to usher in the "social order" envisioned in Article 38 of the Constitution and to root out practices that have acquired erroneous legitimacy through long and unquestioned use. It is a sin to trivialise them. It is criminal to let their perpetrators enjoy impunity. The answer lies in implementation of social legislation, with a human face.
The Indian masses — steeped in religion and tradition — maintain an abiding faith in the judge and God, but when they do not get justice they feel let down by both.
