Chapter – 1

Introduction
“The rules of distributive justice cannot be rules for the conduct towards equals, but must be rules for the
conduct of superiors towards their subordinates.”
- F.A.Hayek

Distributive justice is concerned with what is right with respect to the allocation of
goods in a society. Allocation of goods takes into thought the total amount of goods to
be handed out, the process on how they in the civilization are going to dispense, and the
pattern of division. Civilizations have a narrow amount of resources and capital. The
main problem which arises from these is how the goods are to be allocated or how they
are to be distributed. The simple answer to this question is that the people get a fair
share. It is often contrasted with the Procedural Justice, which is concerned with the
processes such as in the administration of law.

Distributive Justice is concerned in giving all the members of the society a fair share in
the resources available. The main criteria of distribution of the resources are Equity,
Equality and the Need. Equity means that ones rewards are to be given equal to ones
contribution to a society. Equality means that every member of the society gets the same
amount of resources regardless of the input given. Distribution on the basis of need
means that those people who need less will be given less and those who are in need of
more resources will be given more. Distributive justice is a very crucial element to the
stability of a society and for the well-being of its members in that society. When the
issues of Distributive Justice are being inadequately addressed and also if the item
which is to be distributed are being highly valued, then it results in frequent conflicts.

Why should people have more than enough resources within their hands while some
others are struggling to meet theirs? This question has motivated a very large number of
political activists. Its quite evident that this question had come to ones own mind but just
dismissed the question by giving an answer like”. Its just the way they are, and you cant

Distributive Justice: Application in India Page 1

help it”. Perhaps, there aren’t enough resources to go around and if only things were
different, then everyone could have that many resources that they wanted.

Karl Marx believed that the revolution would free up man’s true potential and then,
scarcity would never be a problem to man. Nowadays, resources are in plenty and is
distributed to ones own need and everyone’s need is met.

Living together in societies benefits for the members of the society but also creates
burdens. Benefits include increased production that social cooperation makes possible,
greater security, companionship and also access to the legal and political institutions.
Coming to Burdens, they include limiting our actions so that we don’t impinge unjustly
on fellow citizens and obligations to the society.

The questions about Distributive Justice are questions how we should distribute the
benefits and burdens of social co-operation across the society. Theorist John Rawls
believed that currently the poor have more than their fair share of the burdens while the
rich have the Lions share of benefits. Theorist Robert Nozick, who was the student of
John Rawls, claimed that there is nothing unjust in the case of Poverty while
redistribution to combat that poverty would place illegitimate burdens on the wealthy.

3 political theorists had a major role in the study of distributive justice. They are:

1) Aristotle

2) John Rawls

3) Robert Nozick

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1.1Aristotle

According to Aristotle, Justice was divided into 2 parts.

1) Complete Justice

Complete Justice is identifiable with the Moral Values and is responsible for
regulating public and social relations. It was laid on Law abidingness and this form
of Justice exists only in an Ideal state.

2) Particular Justice

Particular Justice is mainly concerned with the distribution of offices and

observance of proportionate equality. It also concerns with the equal distribution of
wealth and honour.

This Particular Justice is divided into 2 Parts

1. Distributive Justice

According to him, Distributive Justice is laid in proper allocation of offices

according to ones own social contribution. It was primarily concerned with the
political privileges.

Each type has got its own corresponding Distributive Justice. The rights are
measured in terms of the duties performed.

2. Corrective Justice

Mainly, the commercial matters are being dealt. It is mainly negative in character
and it aims at restoring back what one had lost due to the social injustice.

It prevents one from the encroachment of rights.

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 1.2 John Rawls1

According to John Rawls, Justice is divided into 3 parts:

1) Justice as Fairness

Here no arbitrary distinctions are made between persons by important political,

social, and economic institutions. Together, they make up the basic structures of the
society.

2) Principles of Justice

According to him, a well ordered society is one which these social institutions are
generally regulated by the principles of Justice and where anyone accepts those
principles

3) The Veil of Ignorance

Every person is living in a veil of ignorance and our knowledge is limited. So, we
watch only our self interest. A person has to plan and mostly implements those plans
which are of his self interest. A person doesn’t know his social status, talent and
knowledge.

1.3Robert Nozick

Nozicks argument begins with the individual rights.

1) It’s a theory about how a society ought to be and also how to regulate the
distribution of goods.
2) No citizen cant be sacrificed for another because all the citizens have separate
lives.2
1
Peri Roberts _Peter, An Introduction to Political Thought,Atlantic Publishers and Distributers, Edinburg
University Press, Edinburg, 1996
2
Id.

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 3) This theory is historical and didn’t emerge from any formula.
4) It’s the task of the justice to protect the individual rights
5) Any type of interference in the rights of the individual is unjust.
6) Whatever arises from just situation by just steps is always just.
7) The state should promise the security to the individuals and private institutions
should take care of other services like education, health etc.

Both Rawls and Nozick were American political theorist. The main criticism was
that they only supported the rich.

They said that the government is imposing taxes to the people who work hard.
Rawls tell about the distribution of justice. But Nozick tells about the rights based on
justice.3

3
Santosh Bakaya, The Political Thoery of Robert Nozick,Kapaz Publications, New Delhi , p.109

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 Chapter - 2
History of Distributive Justice
“God could have made all men rich, but He wanted there to be poor people in this world,
that the rich might be able to redeem their sins.”
-St. Eligius

The theory of distributive justice, how a society should allocate its scarce resources
amongst individuals with competing needs and claims, goes back at least two millennia.
Aristotle and Plato wrote on the question, and the Talmud recommends solutions to the
distribution of an estate the deceased’s creditors.
Aristotle did write about something he called “distributive justice,” Plato did write on
how property should be allocated in an ideal society, and the Talmud, like other ancient
legal texts, contains discussions of competing claims to property.

People do not generally realize that the meaning of “distributive justice” has changed or
that for most of human history practically no one had written or talked, even as an ideal,
the view that everyone should have their basic needs satisfied.4

A time was there when decent but religiously befuddled leaders such as Amos, Isaiah,
and Jesus taught the equality of all people and the right of all people, consequently, to
life without suffering. Their teachings were distorted and suppressed by oppressive
powers in a variety of class struggles, but they were at least held up as an ideal until the
eighteenth century. Then came modern economics, with its notions wrapped with
superstition how economies work. It also brought about the valorization of selfishness
that drove out the old respect for the poor. The bourgeoisie now did not pretend to have
morals that had hidden the class struggle in feudal times. The workers came to
understand their true situation but as a disadvantage in that the suffering of workers
increased enormously. Finally, scientific socialism appeared which provided a synthesis
between the prophetic and the modern attitudes, uniting the norms of pre-modern

4
S. Fleischacker, A Short History of Distributive Justice, Harvard University Press, Cambridge, 2005

Distributive Justice: Application in India Page 6

religious teachings with a science stripped of the confusions and fatalism that had made
it impossible to translate concern for the poor into practice.

Distributive justice, in modern sense, calls on the society to guarantee that property is
distributed throughout the society so that everyone is supplied with a certain level of
material means. But the debate still goes on the amount of means to be guaranteed and
on the degree to which state intervention is necessary for those means to be distributed.
These are related issues. If the level of goods everyone ought to have is low enough, it
may be that the market can guarantee an adequate distribution; if everyone ought to have
an ample means of welfare protection, the state may need to redistribute goods to correct
market imperfections; if what everyone ought to have is an equal share of all goods,
private property and the market will probably have to be replaced altogether by a state
system for distributing goods. Distributive justice is thus understood to be necessary for
any justification of property rights, and such that it may even entail a rejection of private
property.5

There is neither universal agreement to what distributive justice means nor there is a
proper timeline laid to which one can refer so as to say when the premises of modern
justice came. Modern distributive justice came one by one into wide acceptance.

Tiberius Gracchus had a view that poor soldiers deserved a greater share of and
suggested that state should redistribute land accordingly. Thomas More suggested that
hard work of poor in general entitled them to greater wealth. To make use again of
Wittgensteinian idea, one might say that modern distributive justice is constituted by a
fiber of threads interwoven with one other, that some of these threads, but nothing
strongly resembling the entire fiber, have appeared here and there in the past, and the
ancient distributive justice, even if it shared some threads with the modern notion, as a
whole constituted a clearly different fiber.

5
Id.

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2.1Indian Context
To go over again on the glaring inequalities of different types but most importantly that
based on caste and sex that prevailed in Indian society until the pre-independence days,
despite continuous efforts of state, reforms and missionaries to eradicate them.

Chousalkar (1986) very systematically described the evolution of Indian context of

justice in spiritual and philosophical context of Dharma. Based on his studies of Vedas
and Mahabharata, and compared the concept of justice in traditional Indian views with
that described in Plato’s Republic. He highlited the social and political implications of
the concept of justice, analyzing how philosophical ideas such as trigonas, namely,
satvas, rajas and tamas, societal characteristics such as the caste hierarchy, and historical
factors have shaped the Indian concept of justice not only theoretically but also at the
applied levels in political and legal spheres. The latter have direct implication for social
justice in traditional as well as contemporary Indian society.6
Both Gandhi and Nehru stood for economic justice. During the struggle for freedom,
both of them were pained to see the economic disparity in the country. Gandhi’s words:
The possession of inordinate wealth by individuals should be held as a crime against Indian

humanitry…7

The villagers then were not only exploited by foreign government but also by cunning
city dwellers. He said:
The contrast between rich and poor today is a painful sight. The poor villagers are exploited by
the foreign government and also by their own countrymen. They produce the food and go

hungary. They produce milk and their children go without it. it is disgraceful… 8

According to him, this condition should not have been lasted even for one day in free
India. For them, the improvement of poor and disadvantaged class was the only criterion
of any program envisaged by the social welfare organization or the government.
6
Janak Pandey, Psychology in India Revisited-Developments in the Discipline: Applied Social and
Organizational Psychology, Sage publications, New Delhi, 2004.
7
O.P. Misra, Economic thought of Gandhi and Nehru: A Comparative Analysis, M.D. Publications Pvt.
Ltd., Delhi, 1995.
8
Ibid.

Distributive Justice: Application in India Page 8

Also, in the Preamble of constitution, it was declared that, “We, The People of India,
having solemnly resolved to constitute India into a Sovereign Socialist Secular
Democratic Republic and to secure all its citizens: Justice, Social, Economic and
Political; Liberty of thought, Expression, Belief, Faith and Worship; Equality of status
and of opportunity; and to promote among them all Fraternity assuring the dignity of
individual and the unity and integrity of the nation. In addition, the Directive Principle
of State Policy, Articles 38, 39, 40, 41, 42, 46, 164, 275, 330, 332, 334, 335, 339 and
others laid down rules and provisions for both equality and social justice with more
emphasis on special care, protection and rights to weaker class. As a consequence, a
number of reformative laws were also enacted in consonance to the Preamble and other
provisions of constitution in the post-independence era. Both constitutional provisions,
reformative and other legislations, owe their origin to Indian social policy of growth
with social justice but more particularly distributive social justice. The institutional
redistribution model is based on the moral concept or social justice and thus recognizes
the rights of the individuals to obtain the basic social and welfare service irrespective of
whether he is able to pay for them or not. Thus one of the most important aspects of
those services under this are universally provided irrespective of income, education and
caste status of the recipients. Under this model, services are also provided on a selective
basis, particularly to the groups which need special care. Since these services are
provided without any social or economic criteria defining eligibility, they do not carry
any stigma against the beneficiaries. Also, as these services are available to weaker and
disadvantaged section of the population as well, they tend to work as a counter-measure
against the disruptive forces of change and thus tend to contribute towards stability and
equilibrium In the social systems.9

It thus becomes very explicit that various constitutional provisions and rules have been
framed and reformative legislations have been enacted for eradicating at least reducing
deep- rooted operation and discriminative practices based o birth and sexton which the

9
K.B. Gobind, Reformative law and social justice in Indian society: a sociological study with special
reference to weaker classes of Bhagalpur District, Daya Books, Delhi, 1995.

Distributive Justice: Application in India Page 9

women and harijans for centuries and had rendered them deprived, powerless and
dependant category of individuals.

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 Chapter - 3

Application of Distributive Justice in India

Until pre-independence days there was glaring inequality of different types but
especially on caste and sex prevailed in Indian society despite of constant effort made by
the state, reformers and missioners to control and eradicate them. Therefore the Indian
people and the constitution makers made the preamble which mentions about Sovereign,
Socialist, Secular and Democratic republic and of securing social, economic and
political justice. Our preamble also mentions about liberty of thought, expression, belief,
faith and worship. It also assures Equality of status and opportunity and to promote
among them all Fraternity assuring dignity of the individual and the unity and integrity
of the nation. The directive principle of State Policy, Articles 38, 39, 40, 41, 42, 335and
339 lays down rules and provision for both equality and social justice with more
emphasis on special care, protection and rights to the weaker class. 10 As a consequence a
number of reformative laws were also enacted in consonance to the preamble and other
provision of the constitution in the post-independence era. Both constitutional
provisions, reformative and other legislations, owe their origin to the Indian social
policy of growth with social justice but more particularly distributive social justice.
Women and Harijans along with tribal and other backward classes constitute the weaker
classes in Indian society. Both women and Harijans remained the subjugated, exploited
and deprived section and virtually lived like semi-human species for centuries
together.11 They did not have any social, political, economic and cultural rights and
privileges, which is only available only to the dominant classes which consist of the men

10
K. B. Gobind, Reformative law and social justice in Indian society, Regency publication: Delhi , 1995.

11
C. N. Shankar Rau, Sociology of Indian Society, S.Chand publishers, Delhi, 2004

Distributive Justice: Application in India Page 11

and the superior caste people. Thus various constitutional provision and rules has been
laid down for eradicating this discrimination which is very deep rooted in our Indian
society.

3.1WEAKER CLASS

It is difficult, but it is not rare, to come across a precise definition of the term weaker
class. In common parlance, class refers to a group of people having the same social
status while weaker denotes any person or object which is comparatively less strong and
wanting in strength. Obviously in person or group who is weaker than the other on
account of any factor is a member of a weaker class or section. However, difficulty
arises in regard to the criteria of measuring the weakness of any person or group as they
are diverse, such as physical or biological, psychological, political, economic and social
position. If we take all these into account we may forward the definition of weaker class
as “a group of person who are weaker than others in terms of the aforesaid criterion.”
But when we take into consideration the term weaker class in sociological perspective
our attention is directed toward weakness, backwardness, deprivation, exploitation and
oppression of any group of people in the matters related to societal living. In every
society it is found that a group of individuals has more benefits, privileges, rights and
opportunities in comparison to others in matters of food, education, employment, social
status, etc. This later group of people, therefore, composes the weaker section which
leads the life of various disabilities and represents the weaker class. Obviously we can
define the weaker class as “a group of people who are incapable of fulfilling their needs,
do not have equal chance of participation in different spheres of society, are powerless
with lower status and bear exploitation and disabilities imposed by community or
society.12 Within the purview of this definition are included a number of social

12
K. B. Gobind, Reformative law and social justice in Indian society, Regency publication: Delhi , 1995.

Distributive Justice: Application in India Page 12

groupings, who are economically, politically and socially weaker than the privileged or
dominant class of people but are excluded those who are physically weak. In accordance
to the criteria of this definition weaker class can be considered equivalent to the term
depressed or oppressed class, which does not include the comparative blessed human
beings hordes of whom are still definitely standing outside the pale of civilization in
India and are partaking with beast and birds in the romance of natural life.
In most of the meanings attached to the weaker class are included three groups of
people, namely, the backward class, the scheduled caste and the tribes where women
have been left. But in reality women too compose a distinct part of the weaker class in
India because their condition very much resembles the former three categories of
people. If we take into consideration the social system in India we cannot deny the
women along with Sudras, Antyaj and Janjati for centuries remained deprived of their
chance of , sharing equally in their opportunity and fruits of the society by the deep
rooted social regulation, customs, oppression and discriminatory practices in social
relation.13 Such deprivation and oppression have rendered them relatively powerless and
weak. In words, birth or caste and sex have strongly determined the general condition
which includes rights, opportunities and privileges of the Indian people as the
consequence of which the women and the Harijans along with other backward class and
scheduled caste and scheduled tribes come to be reckoned as weaker class in post
independence era. The constitution of India has included women within the category of
weaker section.

3.2HARIJAN
The term ‘ Harijan’ which now has received wide acceptance and is used throughout the
country for the scheduled caste has been known by legion of terms at different times or
by different terms at same time by different people. 14 In the Puranas they are called

13
Id.

14
Tsachi Keren-Paz, Torts, Egalitarianism and distributive justice, oxford book publishers: Lucknow,
2007

Distributive Justice: Application in India Page 13

Asprusyas, Avarnas, Chandals, Svapachas, Antyajas, Jambhawans, Varishals,
Antyawasi, Antya, Bhangi, Panchama, Achchut, etc. and till past or even today they are
designated as untouchables, outcaste, atisudras, oppressed Hindu and Scheduled Castes,
etc. However the term untouchable or Asprusya has remained in use since remote paste.
The Webster dictionary describes the untouchables as a member of large hereditary
group in India having in traditional Hindu belief the quality of defiling by contact the
person, food or drink of a member of higher caste and formally being strictly segregated
and restricted to menial work.
This term Scheduled Caste was first used by the British Government from 1935 onwards
and has been standardized in the Indian constitution and since then it has been used as a
synonyms of untouchable castes. To repeat, the term Harijan, however, was used for the
Scheduled Caste or untouchables and was popularized by Mahatma Gandhi. For many
years Gandhiji himself used, “untouchables” Panchama, Antyaja and Bhamgi. But in
early 1930’s Gandhi began to use the term Harijans instead of untouchables. He called
them Harijans, the man of God or the children of God. In justification of adopting the
term, Gandhiji explained that other expression were abusive in contexts and were not
liked by his untouchable correspondents. But Ambedkar and number of others resented
the term Harijans.15 But when challenged by congress to suggest a better name
Ambedkar failed to do so. Therefore, since the forties, the term Harijans has been
constantly used for the Scheduled Caste people in India. According to article 341 (i) of
the constitution of India the following sub caste come within the purview Scheduled
Caste (Harijans) in Bihar. They are Bantar, Bauri Bhogta, Bhuiya, Bhumij (excluding
North Chotanagpur and South Chotanagpur Division and Santhal Parganas District),
Chamar, Mocha, Chaupal, Dhabgar, Dhobi, Dom, Dhangad, Dusadh and Dhari.
Equality before law, removal of Untouchability Act, Minimum Agricultural Wage Act,
Bonded Labour Act, and other Reformative Legislation have been enacted in post
independence era and are operating in the country in order to make Harijans capable of

15
C N Shankar Rau, Sociology of Indian Society, S.Chand publishers, Delhi 2004

Distributive Justice: Application in India Page 14

participating equal to others in different realms of the society and get relieved of
traditional taboos and restriction.16

3.3WOMEN

Women represent and form the part of the weaker class in contemporary India even
though their condition is better than their counterparts of their past. It is owing to the
fact that the women are yet to secure equality of status with men and secondly, they still
suffer from various disabilities. Venkatarayappa rightly observed “women are a
representative of weaker sex.17 We find down the ages the so called weaker sex has
suffered and survived a load of inequality for which it is impossible to find a parallel in
any part of the creation. Virtually, it has been on account of degraded status,
exploitation, deprivation and denial of social justice that the women were considered
weaker, oppressed and exploited class by the social reformers of the 19 th and even in the
present century. Thus keeping in view the social, economic, political and cultural status
of women they have been reckoned and accorded the status of weaker section in the
constitution of India
The reasons for which women are included in the category of weaker section, however,
lead a discussion in historical perspective. But since the space here is limited we present
a brief account in this context.
All historical facts and evidences reveal that there have been distinct stages of rise and
fall in status of women. Women in Vedic time enjoyed a very high status.18 She had as
much rights to enjoy as men have. But in sutra period position of women were not as
high as it was in the Vedic time. Decline in the status of women, however, started form

16
K. B. Gobind, Reformative Law and Social Justice in Indian Society, Regency Publication: India, 1995.

17
K. B. Gobind, Reformative law and social justice in Indian society, Regency publication: Delhi, 1995.

18
C N Shankar Rau, Sociology of Indian Society, S.Chand publishers, Delhi, 2004.

Distributive Justice: Application in India Page 15

the Smritis period and after about 300 B.C. Constant degradation occurred in the
position of women in various injunctions, taboos, customs and restrictions appeared in
regard to women’s familial and societal living. Customs of Sati, child marriage,
polygamy, female infanticide, dowry, ban or widow remarriage, purdha, denial of access
to education and employment outside home, deprivation from right of inheritance and
participation in religious activities and number of others cropped up after the aforesaid
and by the eighteenth century the women’s position in Indian Society reached to its
bottom. Virtually, women were considered as a plaything and slave of man. Therefore,
satisfaction of sexual thirst of man, producing and bearing of children and discharging
domestic chores by leaving outside the home became the domain of women’s role.

As said by Irene Kahn, Secretary General of Amnesty International:

Disparaging a woman's sexuality and destroying her physical integrity have become a means by
which to terrorize, demean and 'defeat' entire communities, as well as to punish, intimidate and
humiliate women. Women’s lives and their bodies have been the unacknowledged casualties of
war for too long.

Many steps have been taken towards preventing Sexual Violence against Women in
War but none have yet to be fully successful. Sexual violence against women has
become as common tool of war as a rifle or a knife. 19Girls as young as 5 have been
raped, mentally and physically abused, and sexually tortured for the sick pleasure of the
perpetrators and as a means of demonstrating the dominating power of their attackers.
In fact owing to various evil customs and practices, Indian women suffered greatly and
their condition become so degraded and pitiable that the reformers took up the cause of
their emancipation and delivery of social justice to them. But for this there arouse the

19
Marilyn French, the War Against Women, Macmillan Company: New York, 1993.

Distributive Justice: Application in India Page 16

need of laws and legislation. The first law in this regard was the Abolition of Sati Act
and after that a few others were enacted during the pre-independence day. But even then
20
their improvement or emancipation remained unfulfilled. Therefore, concern for
women’s social justice was natural under India’s independence and as a consequence
women in the constitution was included within the category of weaker section and
various rules and provisions were inserted for providing equality of status, opportunity
between men and women as well as certain special concessions to women along with
other weaker sections. In addition a number of reformative laws and legislations have
been enacted especially for Indian women including Hindu women with a view to
extricate them from traditional constraints and deliver social justice. They include Hindu
Marriage Act, Dowry Prohibition Act, Women’s Right to Property Act, Women’s
Succession Act, Child Marriage Restraint Act, Inter Caste and Inter Community
Marriage Act, etc. These Act virtually were needed to equip women with legal rights so
that they could secure their appropriate place in home and society as well as for the
progress and development Indian society in general. Therefore it cannot be denied that a
new era has ushered in the life og millions of Indians Women in which the era as free
and independent as are the men to participate in different realms of society.

20
Raymond F. Gregory, Women and Workplace Discrimination: Overcoming Barriers to Gender Equality,
New York Publication, New York, 2003.

Distributive Justice: Application in India Page 17

 CONCLUSION
Justice is action in accordance with the requirements of some law. Whether these
rules be grounded in human consensus or societal norms, they are supposed to
ensure that all members of society receive fair treatment. Issues of justice arise in
several different spheres and play a major role in causing, perpetuating, and
addressing conflict. Just institutions tend to inculcate a sense of stability, well-being,
and satisfaction among society members, while perceived injustices can lead to
dissatisfaction, rebellion, or revolution.

Distribution of Justice does not only revolve around the economic aspects only but
also the gender, caste and class do matter a lot. It is linked to the concepts of Human
dignity, Human Rights and the common good. More specifically it refers to what
civilization owes its individual members in a proportion to

Distributive Justice is linked to the concepts of Human rights, human dignity, and the
common good. Distributive Justice refers to what civilization owes its individual
members in a proportion:

 Resources that is available to the civilization. This includes financial and market
considerations.
 Everyone on the civilization will receive equitable access to basic health care
needs for living.

The principle of distributive justice means that civilizations has a duty to individuals in
need and that all individuals have duties to help others in need. Many governments are
known for dealing with issues of Distributive justice, especially countries with ethnic
tensions and geographically distinctive minorities. Post-apartheid South Africa is an
example of a country that deals with issues of re-allocating resources with respect to the
Distributive justice framework

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Distributive Justice: Application in India Page 19