What is meant by poverty?
The question of the role of law combating poverty is a primary question. Constitution of India is the supreme commander of law in India and the makers of constitution had this concern that each and every citizen has right to be developed and uplifted and hence they had made the provisions for the same. Though poverty as a term has not been mentioned in the Indian Constitution, the Preamble, the Fundamental Rights and the Directive Principles of State Policy stand affirmation to the welfare state mode.
India is a developing nation. Although its economy is growing, poverty is still a major challenge. However, poverty is on the decline in India. According to an International Monetary Fund paper, extreme poverty, defined by the World Bank as living on US$1.9 or less in purchasing power parity (PPP) terms. The Asian Development Bank estimates India’s population to be at 1.28 billion with an average growth rate of 1.3% from 2010 to 2015. In 2014, 6.9% of the population still lives below the national poverty line and 63% in extreme poverty (December 2018) The World Poverty Clock shows real-time poverty trends in India, which are based on the latest data, of the World Bank, among others. As per recent estimates, the country is well on its way of ending extreme poverty by meeting its sustainable development goals by 2030. According to Oxfam, India’s top 1% of the population now holds 73% of the wealth, while 670 million citizens, comprising the country’s poorest half, saw their wealth rise by just 1%.
From November 2017, the World Bank started reporting poverty rates for all countries using two new international poverty lines: a “lower middle-income” line set at $3.20 per day and an “upper middle-income” line set at $5.50 per day. These are in addition to the earlier poverty line of $1.90 per day. The new lines are supposed to serve two purposes. One, they account for the fact that achieving the same set of capabilities may need a different set of goods and services in different countries and, specifically, a costlier set in richer countries. Second, they allow for cross-country comparisons and benchmarking both within and across developing regions. India falls in the lower middle-income category. Using the $3.20 per day poverty line, the percentage of the population living in poverty in India (2011) was 60%. This means that 763 million people in India were living below this poverty line in 2011.
Identify the Type of Poverty
Based on social, economic and political aspects, there are different ways to identify the types of poverty:
Absolute Poverty
The lack of essentials, including food, clean water, health care, housing, education, and knowledge, is referred to as severe poverty or abject poverty. People who live in extreme poverty frequently struggle to survive and lose many children to illnesses like malaria, cholera, and those caused by tainted water.
Relative Poverty
Relative poverty indicates that a household can only afford basic necessities and nothing more since their income is half that of the average. The impoverished people in this group are not deprived of everything, but they are unable to enjoy the same level of life as the rest of the country; this may be permanent, but it is more likely to change as the economy grows. Consequently, it is a gauge of income disparity. For example, a family can be deemed poor, if it cannot afford to go on vacation, purchase festival presents for the kids, or send its children to college.
Temporary Poverty
Young individuals may experience temporary (or transitory) poverty, for instance, if they are college students living on their own while attending classes. However, their condition quickly changes once individuals begin occupations and acquire skills and work experience.
Secondary Poverty
A situation when a person makes enough money to live above the poverty line but spends it on things other than basic needs, such as drinking or gambling, is called secondary poverty.
What Is the Law of Poverty?
According to the definition of poverty law, these are “the legal legislation, regulations, and cases that expressly relate to the financially disadvantaged in his or her day-to-day existence.” In a simple sense, poverty law protects the rights of the poor and protects them from legal injustice.
The aim of exercising poverty law is to make sure that those who are disadvantaged and underprivileged are treated fairly by law and society. In court, clients of poverty law aren’t always represented. Analysis of matters that affect the poor may be part of it. It might also include arguing for amending various rules and policies in favour of underprivileged people. The Indian government has to take extraordinary measures to improve the lives of those who are less fortunate. Abolition of poverty is the fundamental objective. India has pledged to “Sabka Saath Sabka Vikas,” making the most vulnerable people its top priority.
Constitution of India for the Poor
The Indian Constitution, which is the ultimate authority on legislation in India, was written to give every person a chance to grow and improve. The Indian Constitution does not use the word “poor,” yet the Preamble, Fundamental Rights, and Directive Principles of State Policy all support the welfare state concept. Here are some of the provisions incorporated in the Constitution of India that prevent disadvantaged people from injustice and give every citizen a chance to grow and improve:
Article 21: Protection of Life and Personal Liberty
Humans have the right to life, which no state may deny its citizens until a legal process is followed. This goes beyond just saying that life cannot be taken away or destroyed, except by the imposition and carrying out of a death sentence. The right to work is equally fundamental since no one can survive without a source of support.
Article 21A of the Constitution’s 86th Amendment Act of 2002 makes education a basic right and requiring the state to offer free and compulsory education to all children (between the ages of six and fourteen) in ways that the state may, by law, establish.
Article 39A: Equal Justice & Free Legal Aid
As per Article 39A, the government is responsible for ensuring that the legal system operates in a way that promotes equality of opportunity and justice and must, in particular, provide free legal aid through appropriate legislation or schemes or in any other way to make sure that no citizen is denied the opportunity to secure justice because of their financial situation or other disabilities.
Each side of the dispute has a legal right to appear in court to submit their position, but the processes also necessitate hiring an experienced attorney and paying court costs. Since the poor find it difficult to pay the high fees, Article 39 of the Indian Constitution was amended to state that those needing legal assistance should receive it free of charge. This will ensure that all citizens have an equal opportunity to appear in court and that no one is denied justice because of their inability to pay.
Article 15 and Article 16: Reservation for Weaker Section of Society
As per Article 15 and Article 16 of the Indian Constitution, the State is given the power to provide specific provisions for socially and economically disadvantaged castes and groups. They include measures to provide preference to members of society who are socially, educationally, and economically disadvantaged in state-owned businesses and government positions.
Constitutional and Legislative Efforts Towards Eradicating Poverty
Below are some of the efforts put through by the Indian judiciary to eradicate poverty from the nation:
Right to Education, Work and Equal Pay
Education for children, youth, and women must come first in the effort to end poverty in the country. It will be challenging for a nation to develop and end poverty without education. The Indian Constitution has evolved about this matter and is taking it seriously for the advancement of the country and the eradication of poverty. The provision of free education up to the age of 14 was included in Article 45 of Directive Principles of State Policy, which is where the right to education was first recognised as a directive concept rather than a component of a basic right.
Right to Employment : In addition to guaranteeing the right to an education, Article 41 of the Constitution also mentions the right to employment in Part IV (Directive Principles of State Policy).
Additionally, Article 39 of the Constitution expressly and specifically calls on the state to implement policies that uphold values like “Equal rights of men and women to adequate means of livelihood” and “Equal pay for equal work for both men and women.” At this point, it’s crucial to realise that to lift the nation out of poverty, everyone — men and women alike — will need to find employment. Therefore, it won’t be beneficial for the country if women are denied access to education and employment.
Right to Equality and Dignity for Poor People
The rights of its citizens are firmly established by the Indian Constitution, which also serves as a binding legal document. In the eyes of the law, everyone, rich or poor, must be treated equally. The Indian Constitution states the rights that are accessible to all populations, including all of the impoverished people in the nation, in Articles 14 and 21. Article 14’s goal is to ensure that everyone is treated fairly and equally in all situations, including when it comes to privileges granted and obligations placed upon them. According to Article 14, the state must “give equal protection of the law” and must not “deny to any people equality before the law.” The court said that in reading Article 14, the right to equality cannot be arbitrarily denied to equals in the absence of a legal categorization and that a person’s financial situation is not always a justification for discrimination.
When addressing Article 21, the Supreme Court stated that the right to a life with dignity embraces all of humankind and is one of the more exquisite aspects of human civilization that makes life worthwhile. As a result, the Constitution ensure that the law protects the rights and dignity of the underprivileged.
Right to Food, Livelihood and Housing
Despite not being specifically addressed in the Constitution, the right to food has been protected by Article 21 since it is essential to living a life with dignity. The relationship between Article 21 and Articles 39(a) and 47 makes it evident how the Constitution requires the state to improve the standard of living and nutritional status of its citizens. Food is a significant means of subsistence within the definition of means of livelihood as stated in Article 39(a).
