Social concept of 'Law' is well explained by Supreme Court

In case of M/S MOTILAL PADAMPAT SUGAR MILLS CO. (P.) LTD. Vs.STATE OF UTTAR PRADESH AND ORS. ”Law is not a mausoleum. It is not an antique to be taken down, dusted admired and put back on the shelf. It is rather like an old but vigorous tree having its roots in history, yet continuously taking new grafts and putting out new sprouts and occasionally dropping dead wood. It is essentially a social process, the end product of which is justice and hence it must keep on growing and developing with changing social concepts and values. Otherwise, there will be estrangement between law and justice and law will cease to have legitimacy Though continuity with the past is a historical necessity, conformity is not to be turned into a fetish”.


In case of AIR INDIA STATUTORY CORPORATION. Vs.UNITED LABOUR UNION & ORS. Decided on : 06/11/1996, It is observed that "We, the people", a charter to establish an egalitarian social order in which social and economic justice with dignity of person and equality of status and opportunity, are assured to every citizen in a socialist democratic Bharat Republic. The Constitution, the Supreme law heralds to achieve the above goals under the rule of law. Life of law is not logic but is one of experience, Constitution provides an enduring instrument, designed to meet the changing needs of each succeeding generation altering and adjusting the unequal conditions to pave way for social and economic democracy within the spirit drawn from the Constitution. So too, the legal redressal within the said parameters. The words in the Constitution or
in an Act are but a framework of the concept which may change more than words themselves consistent with the march of law. Constitutional issues require interpretation broadly not by play of words or without the acceptance of the line
of their growth, Preamble of the Constitution, as its integral part, is people including workmen, harmoniously blending the details enumerated in the Fundamental Rights and the Directive Principles. The Act is a social welfare
measure to further the general interest of the community of workmen as opposed to the particular interest of the individual enterpreneur. It seeks to achieve a public purpose, i.e., regulated conditions of contract labour and to abolish it when it is found to be of perennial nature etc. The individual interest can, therefore, no longer stem the forward flowing tide and must, of necessity, give way to the broader public purpose of establishing social and economic democracy in which every workmen realises socio- economic justice assured in the preamble, Articles 14,15 and 21 and the Directive Principles of the Constitution."

In Rudul Sah vs. State of Bihar, 1983(3) SCR 508, it was held that Supreme Court under Article 32 can grant compensation for the deprivation of personal liberty, though ordinary process of court, may be available to enforce the right and money claim could be granted by this Court. Accordingly compensation was
awarded.

In National Textile Workers' Union vs.P.R. Ramakrishnan, 1983(1) SCR 922, the Constitution Bench, per majority, held that the role of a company in modern economy and their increasing impact of individuals and groups through the ramifications of their activities, began to be increasingly
recognised. The socio-economic objectives set out in Part IV of the constitution guide and shape the new corporate philosophy. "Today social scientists and thinkers regard a company as a living vital and dynamic social organism with firm and deep rooted affiliations with the rest of the community in which it functions. It would be wrong to look upon it as something belonging to the shareholders." It was further held that "it is not only the shareholders who have supplied capital who are interested in the enterprise which is being run by a company but the workers who supply labour are also equally, if not, more interested because what is produced by the enterprise is the result of labour as well as capital. In fact, the owners of capital bear only limited financial risk and otherwise contribute nothing to production while labour contributes a major share of the product. While the former invest only a part of their moneys, the latter invest their sweat and toil, in fact their life itself. The workers, therefore, have a special place in a socialist pattern of society. They are not mere vendors of toil, they are not a marketable commodity to be purchased by the owners of capital. They are producers of wealth as much as capital nay very much more. They supply labour without which capital would be impotent and they, at the least, equal partners with capital in the enterprise. Our constitution has shown profound concern for the workers and given them a pride of place in the new socioeconomic order envisaged in the Preamble and the Directive Principles of State Policy. The Preamble contains the profound declaration pregnant with meaning and hope for millions of peasants and workers that India shall be a socialist demo- cratic republic where social and economic justice will inform all the institutions of national life and there will be equality of status and opportunity for all and every endeavour shall be made to promote fraternity ensuring the dignity of the individual. "

In Pt Parmanand Katara vs. Union of India, (1989)4 SCC 286, Supreme court
directed even private doctors or hospitals to extend services to protect the life of the patient, be an innocent or a criminal liable for punishment in accordance with law.

In Olga Tellis v. Bombay Municipal Corporation, 1985(3) SCC 545, Supreme Court held that no person can live without the means of living i.e. means of livelihood. If the right to livelihood is not treated as a part of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive
him of his means of livelihood to the point of abrogation. Such deprivation would not only denude the life of its effective content of meaningfulness but it would make life impossible to live, leave aside what makes life liveable. The right to life with human dignity encompasses within its fold, some of the finer facets of human civilisation which makes life worth living. The expanded connotation of life would mean the tradition and cultural heritage of the persons concerned.

In State of H.P. vs. Umed Ram Sharma, (1986)2 SCC 68, Supreme Court held that the right to life includes the quality of life as understood in its richness and fullness by the ambit of the constitution. Access to road was held to be an access to life itself in that state.

In Charles Sobraj vs. Supdt. Central Jail, Tihar, AIR 1978 SC 1514, Supreme Court held that the right to life includes right to human dignity.The right against torture, cruel or unusual punishment or degraded treatment was held to violate
the right to life.

In C.E.S.C. Ltd.& Ors.vs. Subhash Chandra Bose, 1992(1) SCC 441, considered the gamut of operational efficacy of Human Rights and the constitutional rights, the right to medical aid and health and held that the right to social justice are fundamental rights.

Right to free legal aid to the poor and indigent worker was held to be a fundamental right in Khatri vs. State of Bihar, (1981)1 SCC 627.

Right to education was held to be a fundmental right vide Maharashtra State B.O.S.
& H.S. Education v. K.S. Gandhi, 1991(2) SCC 716. and Unni Krishnan v. State of A.P., (1993)1 SCC 645.

In case of CONSUMER EDUCATION & RESEARCH CENTRE AND OTHERS Vs.UNION OF INDIA & OTHERS
Decided by SC on 27/01/1995 It is held that " The right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigour without which worker would lead life of misery. Lack of health denudes his livelihood. Compelling economic necessity to work in an industry exposed to health hazards due to indigence to bread-winning to himself and his dependents, should not be at the cost of the health and vigour of the workman. Facilities and opportunities, as enjoined in Article 38, should be provided to protect the health of the workman.
Provision for medical test and treatment invigorates the health of the worker for
higher production or efficient service. Continued treatment, while in service or after retirement is a moral, legal and constitutional concomitant duty of the employer and the State. Therefore, it must be held that the right to health and medical care is a fundamental right under Article 21 read with Articles 39(c), 41 and 43 of the Constitution and make the life of the workman meaningful and purposeful with dignity of person."


In case of CONSUMER EDUCATION & RESEARCH CENTRE AND OTHERS Vs.UNION OF INDIA & OTHERS
Decided by SC on 27/01/1995 It is held that "Social justice is a dynamic device to mitigate the sufferings of the poor, weak, Dalits, Tribals and deprived sections of the society and to elevate them to the level of equality to live a life with dignity of person. Social justice is not a simple or single idea of a society but is an essential part of complex of social change to relieve the poor etc. from handicaps, penury to ward off distress, and to make their life liveable, for greater good of the society at large."

Justice K. Subba Rao, the former Chief Justice of Supreme Court, in his Book "Social
Justice and Law' at page 2, had stated that "Social Justice is one of the disciplines of justice and the discipline of justice relates to the society." What is due cannot be ascertained by absolute standard which keeps changing depending upon the time, place and circumstance. The constitutional concern of social justice as an elastic continuous process is to accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor etc. are languishing to secure dignity of their person. The Constitution, therefore, Mandates the State to accord justice to all members of the society in all facets of human activity. The concept of social justice embeds equality to flavour and enliven practical content of 'life'. Social justice and equality are complementary to each other so that both should maintain their vitality. Rule of law, therefore, is a potent instrument of social justice to bring about equality in results.

In Delhi Transport Corporation vs. D.T.C. Mazdoor Congress and Ors. Reported in (1991) supp. 1 SCC 600 at 737 para 271 it was held that "law is social engineering to remove the existing imbalance and to further the progress, serving the needs of the Socialist Democratic Bharat Under the rule of
law. The prevailing social conditions and actualities of life are to be taken into account in adjudging whether or not the impugned legislation would observe the purpose of the society."

In Ahmedabad St. Xaviers College Society & Anr. vs. State of Gujarat & Anr. Reported in (1975) 1 SCR 173 at 252] Held through a Bench of nine Judges, That "to establish equality, it would require absolute identical treatment of both the minority and majority. That would result only in equality in law but inequality in fact. The distinction need not be elaborated. It is obvious that equality in law precludes discrimination of any kind whereas equality in fact may involve the necessity of differential treatment in order to attain a result which establishes and equilibrium between different situations".