अभिनंदन ग्रंथ - (इंग्रजी लेख)-७५

All these measures primarily aim at social equality. Without this legislation, the status of the working class would not have improved and progress towards, social equality would not have been possible. (4) State legislatures have been busy in regulating the relations of the landlords and the tillers of the soil. Legislation passed by them has also aimed at establishment of social equality. Abolition of Zamindari, or the Malguzari or the Khoti have definitely contributed towards the achievement of social equality. (5) Taxation laws of the Union Government and also of State Govern­ments have indeed helped considerably the process of establishment of social equality. The Estate Duty Act, the Wealth Tax Act, the Expenditure Tax Act and the Gift Tax Act prove beyond doubt the tend­ency towards equalisation. This is further streng­thened by the provisions of the Constitution relating to the right to property. Emphasis on public sector, and the spread of co-operative movement are also attempts in the direction of social equalisation.

This very brief survey of legislation indicates the aspiration of Indian soul, for the achievement of social equality. Legislation has been preferred for this purpose because we, in India, live Under the rule of law and not rule of man If law is to rule supreme, it must work more enthusiastically in the sphere of social equality. If social inequality is allowed to continue to exist, it might result in re­placing the rule of law by the rule of man. History of the world proves beyond doubt that the failure of law to solve social problems has resulted in recourse to arms.

Law alone may not be able to establish social equality under all circumstances. This is so parti­cularly in a society which has inherited the evil of inequality from the past. Education in addition to law is essential for eradicating the evil; then alone the ideal of social equality will be attained. How­ever, it also deserves to be noted that in such a society law would be more effective than education for such purposes. The sanction behind law, the coercive element in law and the readiness of people to obey the law, all these factors contribute to the success of law in establishing social equality. Legis­lation is playing its role in establishing social equality in India. It is now for social reformers to come forward and achieve the ideal. The social reformer of today must accept the help the law is giving to him. He must also accept that an element of coercion in a legal system is inevitable. Permis­sive legislation for social reforms is no legislation. The social interest in law has been accepted as a very important factor by modern jurists. There cannot be a greater social interest than social equality. In our country, which has accepted the ideal of a Welfare State, establishment of social equality is the condition precedent for the creation of the new order of social welfare. There cannot be social welfare without social equality. If law is a means for attaining the ideal of social welfare, it is definitely a powerful means for attaining the ideal of social equality.

यशवंतराव चव्हाण सेंटर

जन.जगन्नाथराव भोसले मार्ग,
नरिमन पॉईंट, मुंबई – ४०००२१

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