Author: Sam Siryon, a BA.LLB Honors at Apeejay Stya University, Gurgaon
Abstract:
The Globe is faced with innumerable social challenges today that range from poverty, social exclusion, poor healthcare, lack of quality education and many other challenges. The current trend of widespread poverty and lack of access to adequate food resources remains a critical problem for many worldwide. The lack of these, is consequentially lack of basic necessities which leads to many uncallfor acts. These are issues which sometimes leads to social isolation or exclusion. Poverty may basically means not having the ability and capacity to meet basic social needs. Couple with these issues is the challenge of Climate change which the entire world is fighting its adverse impacts. Climate changes has more negative impact on the society as compared to other social factors.
Although law may have both a positive and negative impact on poverty, it is important to consider both aspects while examining poverty from a socio-legal point of view. In a positive view, Law provides free legal aid, affirmative actions and social welfare programs for disadvantaged groups help to empower the poor and grant them access to justice and other social opportunities through the enforcement of affirmative actions by the State. On the other hand, law may tend to be adverse on disadvantaged groups wherein certain laws can create or increase the cycle of poverty and disadvantage by limiting the access to housing, employment and even justice.
It was once said by the father of the Indian constitution- Dr. Bhim Rao Ambedkar that;
‘Constitution is not a mere lawyer’s document, it is a vehicle of life, and its spirit is always the spirit of age’.
This means that the law is not just a piece of papers to be carried by lawyers but the law itself is a spirit and has the ability to effect any change in life’s course, and the power of which lies in the hands of a good society.
Research Methodology:
This is a paper on the fundamental causes of poverty and its implications and attachments. This paper seeks to explain poverty in the context of social exclusion from a socio-legal perspective using India and the Republic of Liberia as key focus. While this paper will not investigate deep into the issue of climate change as a factor linked with poverty but it will explain climate change as a social factor and major challenge for the society. This paper is descriptive and explanatory in nature as it depends on Primary sources like constitutional provisions, statues and international conventions, while Secondary sources like journals, websites, articles and blogs are used for a clear and more fundamental understanding of the subject matter.
Introduction:
Poverty is not merely the lack of income but a gruesome factor which is linked with social inequalities, lack of facilities and necessities to cater to one’s basic needs. This concept is a complex social phenomenon that is rooted in the very structure of the society. Poverty is of a larger systemic issue that includes inequalities in opportunity, discrimination and economic systems. This gruesome factor has led many people into social exclusion wherein, they can not affiliate themselves with others because they themselves cannot afford what the others are having, and the society does not recognize them nor consider their opinion or voices in decision-making. They are basically voiceless as the society perceives.
Likewise, the concept of climate change could be linked to the social issue of poverty in the sense where, it affects the disadvantaged groups who have limited resources and infrastructure to cope with its consequential effects like extreme weather, food and water scarcity and health issues. This effect also creates a cycle that deepens poverty and threatens people’s livelihood while reversing developing gains, most especially in developing, low-income countries which leads to increased displacement and chronic poverty.
It was also provided that the world faces two but intrinsically linked major challenges at the beginning of the 21st century and these issues are Poverty and Climate change. Fighting poverty and curbing the environmental destruction is very challenging for peoples of the world as striking a balance between both is very difficult.
Impact of the Law on Poverty:
Constitutional provisions aiming to address the issue of poverty and backwardness in the society could be directly connected with constitutional mandates such as Article 46 and 340 of the Indian constitution which seeks to address the issue by directing states to promote the welfare of weaker sections and investigate conditions of backward classes. Supported by these constitutional mandates are statutes like the Protection of Civil rights Act, 1955 for Schedule Castes and Schedule Tribes and other specific government initiatives such as the MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act).
Additionally, the constitution of Liberia, although does not include a particular provisions that deals with poverty elimination in letters, but in principles and spirit, the constitution of Liberia includes foundational principles and other socio-economic rights that aims to address the issue of poverty, such includes; the right to adequate standard of living, right to education and the right to healthcare.
The constitution of India mandates that the state should promote with special care the educational and economic interest of the weaker section of the society and protect them from social injustice and exploitation- this is provided under Article 46 of the Indian constitution.
Reservation as an Indirect attack on Poverty:
Reservation is one recommendations of the Indian constitution to uplift certain sections of the society who have been denied equal opportunities.
The concept of reservation is to counter historical social discrimination and ensure adequate representation of the marginalized section/groups. Although reservation does not directly address economic poverty, it focuses on programs like housing, education, food assistance and sometimes employment. However, from a logical perspective, providing such opportunities could indirectly contribute in poverty reduction over time.
The primary goal of reservation is to end social and economic inequalities which have existed for over centuries of discrimination against a particular group of people. It does so by bringing these marginalized groups into the mainstream by giving them a voice (representation) and presence in education and employment in the society.
Public Distribution Programs; A Key Instrument to Tackle Poverty:
This refer to a system in India for food security and the distribution of essential commodities at affordable prices to citizens. This program manages food scarcity by providing subsidized food grains thereby becoming a government policy for food economy management. The main goal of this program is to ensure food security for all citizens through the provision of food grains and other essential items.
This program tackles poverty by ensuring access to affordable food which reduces the financial burden on poor households and improve national intake, which directly benefits those with limited incomes. This program, once a universal system program, has become a Targeted Public Distribution System (TPDS) that directly target the poorest households.
Literature Review:
Poverty leads a person to early death, criminal activities and even makes him vulnerable to awkward activities. When a man cannot afford his basic needs, he does whatever it takes to find himself food, shelter and clothing even if it costs him to kill, rob or deceive, he will do it at all costs.
Poverty as a social exclusion:
Without proper education and skills, individuals have limited employment prospects and are more likely to be trapped in low-paying jobs also, issues like the caste system, gender discrimination, and outdated customs can exclude certain groups from accessing opportunities, pushing them further into poverty. Additionally, the lack of stable and sufficient job opportunities is a major cause of poverty, as it leads to low or irregular income. Furthermore, when a small portion of the population controls most of the wealth, it leads to social inequality and perpetuates poverty for the majority.
Poor people are often forced to live in poor surroundings and are excluded from the neighborhoods and social lives of those who are better off. This creates a cycle where poverty leads to exclusion, and exclusion, in turn, can cause or worsen poverty.
The lack of financial resources prevents people from participating fully in society. For example, a poor family cannot afford a good education for their child or pay for social activities and memberships that wealthier families enjoy. When a person is excluded from opportunities, it becomes difficult to escape poverty. For example, a person facing discrimination may be denied a job or paid a lower wage, which traps them in a low-income situation.
Attachments of poverty:
Poverty is a state in which a person or community lacks the financial resources and essentials for a minimum standard of living. People in poverty cannot afford basic necessities like: Food, Shelter, Clothing, Healthcare Clean water and sanitation.
Poverty creates many hardships for individuals and society.
Poverty corresponds with Poor health: Malnutrition and a lack of medical care are common consequences of poverty. The fact that the quote-on-quote lower class/section of the society cannot afford fitting meals for themselves and better shelter exposes them to harsh climatic conditions which poses serious health threats and as a result they do not have the finances to access medical care thus leading to consequential ultimate deaths.
Poverty couples with Child labor: Many poor families send their children to work instead of school, perpetuating the cycle of poverty. This is because the families themselves cannot afford to send their kids to schools probably because the fees are high or they just cannot afford the costs and can barely find daily meals, and they are rather too old to do the hard labors but prefer the children stepping in and doing the work. This may seem as if the children are helping their parents but unfortunately, these kids are delaying their future and are going to end up in the same cycle of poverty.
Poverty- a catalyst of Higher crime rates: Unemployment and marginalization can lead to higher rates of crime. In most countries, crimes are increasing at the scariest scale because of lack of employment and job opportunities which causes men to seek alternative ways to get end means.
Poverty and Homelessness: Lack of shelter is a major issue, especially for the urban poor who often live in slums. One may argue that, to live in the city a person must be competent and capable to maintain a certain standard and if such requirement is not met, people should not be accepted to pollute the cities with substandard materials and houses. Unfortunately, I respectfully differ with such opinions, every person regardless of class or status or any other factor should be given fair chances and equal access to opportunities and the state should provide access to health, education and other facilities for all persons irrespective of who they are or what their economic status may be.
Poverty consequently leading to Social instability: Economic inequality can cause social stress and unrest wherein people who are denied better opportunities tends to consequently make thing hard for all people of a given society. They would rather be supporters of gangs or participate in unauthorize associations to loot businesses and cause havoc in the society by disturbing the peace and tranquility of the state.
Suggestions and Conclusion:
In my opinion and from a socio-legal perspective, whether it be India or Liberia, but for the better good of both nations and peoples, in order to minimize poverty, it is important to ensure economic growth and equality, provide universal education, improve access to basic needs like clean water and healthcare, empower women and vulnerable groups, and create more job opportunities through initiatives like microfinance and skill development. Government can also address poverty by implementing social welfare programs, fostering sustainable development, and ensuring peace and stability. The State government of a given society must consider enforcing the concept of affirmative actions in all aspects for public benefits.
Furthermore, in eliminating poverty, it is important to implement these laws and policies that guarantees fundamental rights such as the right to healthcare, education, clean water and housing. In case of no laws to that effect, the State, while seeking to promote economic opportunities must consider enacting fair labor laws, access to capital, and empowering the marginalized communities with particular emphasis on women and indigenous groups. By taking these necessary steps and implementing these approaches we can attack the root cause of poverty and foster a long-term stability in our society.
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