Page 28 - Constitution
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70       Years of Indian                                                                                                                                             Years of Indian

                                                                                                                                                                                                                                    Constitution
                                                                        Constitution



               is most unfortunate that even today we see a significant part        or ‘developmental’ forces [……], before liability is placed at the
               of the population living in extreme poverty.                         doorstep of the State.”
                  The Committee on Economic, Social and Cultural                       Approaching poverty through the prism of human rights
               Rights stated in 2001 that poverty was “a human condition            would result in lifting it from the status of a social problem

               characterized by the sustained or chronic deprivation of the         to that of an unavoidable imperative. Torture is held to be
               resources, capabilities, choices, security and power necessary       unacceptable,  poverty  merely unfortunate.  But  it  is such
               for the enjoyment of an adequate standard of living and other        bifurcation of human rights that is unacceptable in the present
               civil, cultural, economic, political and social rights.” Who then,   day. Treating poverty as a violation of human rights would
               is to be blamed for these gross failures and deprivations?           enable the Courts to enforce such rights. The Indian Supreme

              The Supreme Court has already treated                                 Court has already treated the various facets of poverty such as
                                                                                    the right to food, shelter, etc. as a part of the fundamental right
              the various facets of poverty such as the                             to life under Article 21 of the Constitution and this has enabled
              right to food, shelter, etc. as a part of the                         the Courts to enforce these rights. The Government would be

              fundamental right to life under Article 21 of                         violating the right to life under Article 21 if it were not to take

              the Constitution and this has enabled the                             concrete steps for the purpose of rescuing that section of the
              Courts to enforce these rights                                        population suffering grievous poverty from its tentacles. This
                                                                                    raises a further question, namely, is the obligation one that the
                                                                                    State alone has to discharge, or, are there other actors who
                  I have often felt that we, Indians, are fatalists, for we believe   have to participate in the exercise of eradication of poverty?
               that it is fate which has imposed a terrible deprivation on a           Today we have multi-national corporations which control

               section of the population or that it is God or the unfortunate       industrial or business empires with all the trappings of a State.
               “social  starting position” in regard to that section of the         Their budget equals or exceeds that of a small State. Their
               population and there is, hence, nothing that man can do about        employees run into hundreds of thousands. The influence they
               it. It is most astounding that an entire class undergoes this        wield is so great that they can affect the future of the people
               debilitating deprivation with passive forbearance.                   and of Governments. They are quasi-states and therefore,
                  Scott Leckie, a renowned human rights advocate, had stated        would have to share the burden of eradicating poverty from
               that “When someone is tortured or when a person’s right to           within the sphere of their influence.

               speak freely is restricted, observers almost unconsciously hold         Dwight D. Eisenhower had once remarked that:
               the State responsible. However, when people die of hunger or            “Every gun that is made, every warship launched, every
               thirst, [……], the world still tends to blame nameless economic       rocket  fired  signifies  in  the  final  sense,  a  theft  from  those







               28   70 Years of Indian Constitution
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