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Social Justice

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  • Social Justice, the signature tune of our Constitution, has figured prominently in two recent lectures. Justice Srikrishna delivering the Rosalind Wilson Memorial Lecture regretted that even after 61 years of Independence and several government policies, social justice is still a dream. He stated that despite government figures and claims basic amenities like access to safe drinking water and proper sanitation facilities are not only poor in quality but are also inaccessible. Dr Amartya Sen in his inaugural Prof Hiren Mukherjee Memorial Lecture stressed that demands of social justice are imperative in the field of health, malnutrition of children and improvement of educational facilities. He bemoaned chronic absenteeism of teachers in secondary schools. Prof Sen poignantly observed that the petrol crisis or loss of sovereignty over signing a deal with another country should not let a government neglect the “gigantic older problems of persistent deprivation of human lives, tolerated without much political protest. Justice demands that we make a strong effort to identify the overwhelming priorities that have to be confronted with total urgency”. He concluded by saying “we have to ask what should keep us awake at night”. What would keep me awake at night and also during the day is the nagging question: Will social justice ever become a living reality for our people?

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    Dress Controversies

    Horrendous controversies are generated by different forms of attire. In Turkey wearing of hijab is outlawed. This has led to furious legal and political controversies. On the other hand, in Islamic countries hijab is mandatory and breach of this requirement entails adverse consequences. Regulations in some countries for removal of turbans by persons engaged in certain occupations is perceived by the Sikhs as an infringement of their religious freedom and are fiercely resisted.

    In our country people are free to don any attire of their choice within the bounds of decency. The Darul Ifta in Deoband has recently issued a strange fatwa banning wearing of a tie on the ground that it is an emblem of Christians, and adopting the emblem of any religion is against the tenets of Islam. Since when has tie become an ‘emblem of Christians’? Numerous non-Christians, including some Muslims, wear a tie without associating any religion with it. A girl’s school in Kolkata does not permit teachers to wear salwar-kameez and insists they change to saris before taking classes. Tradition is invoked for this bizarre decision. Teacher Kasturi Sen has resolved to take on the school authorities. Her petition to the managing committee is pending decision. One hopes rationality will prevail.

    A piquant situation arose in the Bombay High Court in the forties in a trial action before Justice Blagden. The plaintiff, a fully veiled Muslim lady stepped into the witness box. Demeanor of a person is extremely important when the fate of a case depends upon acceptance or rejection of oral testimony. Justice Blagden ingeniously resolved the knotty problem by requesting the lady plaintiff to slightly lower the veil so that he could observe her eyes and demeanor whilst she was testifying. Lawyers representing her agreed to the judge’s suggestion. It is rumoured that Justice Blagden was so struck by the beauty and sharpness of the plaintiff’s eyes that he unhesitatingly accepted her testimony and decided in her favour. Should justice be really blind?

    Olympic Gold

    Abhinav Bindra has truly made India proud by bagging the gold medal for shooting in the 2008 Olympics. Several state governments like Maharashtra, Chhattisgarh and Bihar that have played no role in Bindra’s success have announced rewards for him. Glowing tributes have been justly paid to Abhinav. His response was exemplary. “When I won the medal my only thought was why couldn’t we have done this before? I am just happy to have brought joy to everybody — it was my day”. His mother’s touching reaction was that Abhinav should now have no difficulty in getting a bride. None at all. Indeed there will be a long queue for the hero and there should be no problem for Bindra to hit the Bull’s eye.

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