Social Justice: Judicial Hurdles

There are many obstacles to achieve a social justice for the masses who are oppressed, suppressed and exploited for thousands of year in India. Courts are posing a major threat to social justice in India. Those who are not able to counter reservation politically here can easily do it through the Courts. This blogs shows some of incidents where the Judicial System has become a barrier for Social justice.

The Supreme Court stayed the Communal G.O, which practiced in Tamilnadu after the Independence. The Communal G.O is the Government order that provided reservation for Scheduled and Backward class people in education and employment. The Supreme Court stayed the Communal G.O by sighting the Constitution, which says, “All are equal before Law”. After the long and tedious struggle by Great leaders like Periyar and Anna, it was restored by amending the Constitution. This is the first amendment to the Constitution of India.

The then Prime Minister V.P.Singh had created history by implementing the Mandal Commission report. The Supreme Court without any good reason stayed the implementation of Mandal report.

The decision to discontinue the Entrance Examination for professional courses by Tamilnadu government for the benefit of rural students has been disapproved by all the Courts in India. Though the decision has got a roaring welcome from all quarters and was supported by all parties including the main opposition could not come in effect. Has the courts are superior to people mandate?

The recent judgment regarding the continuance of reservation in self-financing institutions is a great blow to the social justice. This will hammer down the dreams of SC, SC and BC students to become Doctors and Engineers.

Ultimately the Courts in all status of India are ready to gun down any policy that guarantees Social justice here. There exists a rigid vault in the form of Courts even if the reservation is achieved politically. The judges are so injustice when it comes to social justice problems. To achieve a social justice in India, the reservation has to be implemented in judicial system also. Those who fight for the social justice should also keep in mind that the Courts are there to fight for.