(For 2nd line ART) Need for reframing of welfare rights: Chief Justice Kapadia

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Need for reframing of welfare rights: Chief Justice Kapadia

Published: Monday, Nov 1, 2010, 21:37 IST

Place: Kochi | Agency: PTI

Observing that poverty was violation of human rights, Chief Justice of India

(CJI) SH Kapadia today said there was need for reframing welfare rights in the

context of deprivation and not equality.

" There is need for protecting the rights of the poor. Poverty is violation of

the human rights, " he said delivering the first of the series of lectures being

organised by the Sarada Krishna Satgamaya Foundation for Law and Justice here.

Laws are meant for the welfare of the society and making of judicial laws which

cannot be implemented amounts to futile exercise, he said.

" Our constitution has recorded the importance of social justice... We must move

from theory to reality and from rhetoric to reality when it comes to enforcement

of judgements, he said.

The judges must keep before them the interest of the common man and poorest of

the poor while delivering judgements, Kapadia said.

There was discrimination, particularly of wealth between the rich and the poor.

There were 300 million people who were prosperous while 800 million poor. But

there was lack of resources as only three per cent of the population pays

personal income tax.

" Then, how can the resources be generated, " he asked.

" When it comes to providing basic necessities — education, healthcare, let us

not go defence of lack of resources " , he said.

" For basic day-to-day necessities if a commom man comes to court, it cannot be

the government's defence that there was lack of resources, " Kapadia said.

" In the apex court, several cases were being filed by HIV persons. The second

line of treatment was not being given to them. Government is unable to give them

the treatment as it is expensive. This was the basic essential service in which

there was need to help the poor, " the CJI said.

Kapadia said the Forest Act of 1920 when forest was treated as an asset for

revenue purposes. But in the new Forest Act of 1980, forest was treated as

national asset to be conserved so that the present generation must think it is a

legacy.

Former Supreme Court chief justice M N Venkatachaliah said there is 'demise' of

constitutional democracy in the country.

" Of 85% of national income goes to top 20% of the population. A noble document

has been reduced to mockery, " Venkatachaliah said.

Justice Krishna Iyer, who turned 96 today, called for setting up an appointment

commission, which should approve a candidate for the post of the judge in the

high courts and the Supreme Court.

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