Constitutional Safeguards for Human Rights and Social Security in India: An Analytical Study

  • Priya
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  • Priya

    Research Scholar at Department of LLB, Asian Law Collage, India

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Abstract

The constitution of India is generally based on the three pillars of liberty, equality, fraternity, and justice. These pillars are also known as the three legs of the Indian constitution. To achieve the aim of the paper, I have gone through a conscience study of all the books and journals associated with constitutional provisions that demonstrate high respect for human integrity, a commitment to equality and non-discrimination, and compassion for current societal weaker ones. “Everybody needs social protection throughout their lives, as young children, in working life, and in old age. People need protection in case of specific shocks, such as illness, disability, and loss of income or work. ...” In this paper, we attempt a critical appraisal of the historical development and experience of social security initiatives at the all-India level. Based on the findings of the review, we visualize a road map to more comprehensive and participatory initiatives in the provision of social security by the state, while stressing the role of civil society, non-governmental organizations, and mass organizations. It also attempted to categorize the ongoing social security schemes according to the definitional framework of our study, that is, in terms of the definitional division of social security into basic and contingent social security. This paper is an attempt to provide the role of the Judiciary and judicial activism in the protection of rights in India. After independence, India played a very significant role in the protection of rights. India has not incorporated an elaborate Bill of Rights in its constitution and efforts have been made to translate this reality. Judiciary in India played a crucial role to translate these rights into reality. The paper also examines some of the challenges faced by the supreme court in fulfilling its role as a custodian of social justice, such as the issue of judicial overreach and under-representation of certain communities in the judiciary overall this research seeks to provide a comprehensive understanding of the supreme court’s role in protecting social justice in a constitutional democracy. This paper also focuses on the rights of senior citizens, the vulnerable section of society, and the legal framework in place to protect their rights. The paper aims to contribute to the ongoing debate on the proper role of the state, civil society, and stakeholders in promoting social justice and protecting the rights of all citizens.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 727 - 739

DOI: https://doij.org/10.10000/IJLMH.114903

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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