RIGHTS OF COMMON MAN:-
INTRODUCTION:-Meaning of the common man as understood in the present day context is the one who is deprived , uncared, underprivileged, having identity crisis & unsecured of his rights as regards, home, job, opportunity, marriage decisions, rights to beget & rear the child, health, insurance, education, nutrition ,pollution free environment, rights against destitution and old age survival etc. He is the one who feels insecure against any unlawful intrusion whether Governmental or private into a sphere which he can call his own & none of the business of anybody.
JOHN RAWLS in his “ Theory of justice” highlighted three aspects to deliver justice namely
(a) Each one according to his need;
(b) Each one according to his desires;
(c) Each one according to his deserts ( what he deserves)
Laws in the society should keep these aspects in mind so as to have a homogeneous , perfect & ideal society so as to sub serve the common good. When ever in the past, law made efforts on these lines, it worked wonders and brought about the desired changes.
POSITION IN INDIA:- India can be cited as an example where in the past as compared to other Nations, most of its social legislations like DOWRY PROHIBITION ACT & CHILD MARRIAGE RESTRAINT ACT etc. remained dead letters due to lack of political will in implementation of the same. In contrast, legislations like CONSUMER PROTECTION ACT has worked wonders and has brought revolution in protecting the consumer rights of common man. There is complete awareness and consciousness among the common man about the infringement of his consumer rights and also the forums for redressal . Violators of the consumer rights are penalized suitably at almost no cost and time as opposed to the common law system in the Courts which is not only expansive but at the same time denies justice due to delays.
Awareness among the common man of his VOTING RIGHTS is another manifestation of power of his power to change the Government if it does not deliver the goods. Gone are the days when the Governments survived even without delivering the desired results. Fear of the rejection by the people and the common man has kept the Governments of the day on wheels whether in making of the policies or in its implementation. Lots of Social welfare schemes like free education, free medical facilities , pensions of the weaker sections and the widow, food at concessional rates etc. have brought the desired results at some places. It can work perfectly in other places also provided , there is watch and check by the Guardians and Custodians of law & proper infrastructure on the delivery justice system to see that the benefits reach the common man.
Still a lot is desired to be done in India despite the enshrinement & recognition of basic fundamental freedoms in the Preamble, Art. 19 and Directive Principles of State Policy under the Constitution . Some of the Fundamental Rights like “ Right to Privacy” ,” Right to strike”, “ Right of publication” etc. got recognition by judicial activism even though not specifically mentioned in the Constitution. There are still other valuable rights pending enactment and amendment since long like “ Right to reject” the Electoral Candidate , enactment of “Lok Pal Act” to curb corruption by the public servants and passing of “ Women’s Reservation Bill “ empowering the woman adequately by representations in Parliament. Such laws if enacted and such rights if given can really revolutionize the Indian Society & India can achieve the desired economic prosperity and development.
CONCLUSION:- India has paid a big price in the past due to non- availability of the proper laws and if available non-implementation of the same. Law acts as a means of Social change, Social control, Social awareness & societal making. Power balance has to change . All efforts should be geared to bestow more and more Rights on the common man & also power empowerment of the common man . Common man should be made more and more conscious and aware and should be seen as a viable and alternate pillar of the society to assume responsibility whether in power sharing, law making or delivery justice system. Common man should not be seen as enemy of the system but should be geared and seen as a friend who in any eventuality can stand up to the task of Nation building .The general feeling among the common man that power wielders reflect the thinking of the elite should give way to the feeling that power is the real reflection of the wish of the common man. In an ideal & homogeneous society, besides the making of the desired laws & its implementation, role of the Voluntary Organizations, NGOs and other Non- profitable RWAs can play effective and decisive role to safeguard the “ Rights of the common man” .