• October to December 2024 Article ID: NSS9332 Impact Factor:8.05 Cite Score:36 Download: 6 DOI: https://doi.org/ View PDf

    Concept of Social Justice in the Bhartiya Nyaya Sanhita (BNS) and Manu smriti: An Overview

      Dr. Lok Narayan Mishra
        Assistant Professor (Law) Govt. Law College, Rewa (M.P.)
      Dr. Rakesh Prasad Pandey
        Dept. of English, Govt. Degree College, Rampur Baghelan, Satna (M.P.)

Abstract: The concept of social justice has undergone a profound transformation from the era of the Manusmriti to the contemporary Bharatiya Nyaya Sanhita (BNS). Manu smriti an ancient Hindu legal text, is primarily known for its endorsement of social hierarchy and differentiation based on caste, gender, and occupation. Its provisions deeply entrenched discrimination by prescribing different rights, duties, and punishments for various social groups, especially favoring the upper castes and men. For instance, the Manusmriti legitimized unequal treatment of Shudras and women, often subjecting them to harsher penalties and restricted rights. Social justice, as understood in Manu smriti was less about fairness or equality and more about maintaining the prescribed social order. In this system, laws functioned not to uplift the marginalized but to reinforce the privileges of the dominant classes. Over centuries, such codification of inequality shaped social relations in Indian society, perpetuating exclusion and injustice. In stark contrast, the Bharatiya Nyaya Sanhita, a product of modern legislative reform, draws from constitutional principles that prioritize equality, justice, and human dignity. The BNS deliberately rejects distinctions based on caste, creed, gender, or religion, advocating the application of law uniformly to all citizens. By ensuring equal protection and punishment, the BNS aims to correct historical injustices that have long plagued Indian society. Its framework is designed to empower the vulnerable, promote inclusivity, and safeguard the rights of every individual. Social justice, in the context of the BNS, means providing fair opportunities, remedies, and protections to all, especially those who have been historically disadvantaged. The BNS aligns itself with the vision of the Indian Constitution, particularly Article 14, which guarantees equality before law. Unlike the Manu smriti there is no room in the BNS for legal privilege based on birth or social status. This legislative evolution signifies a broader societal commitment to universal human rights and the dismantling of entrenched hierarchies. The transition from Manu smriti to BNS marks a decisive shift from a justice system that preserved inequality to one that aspires for fairness and inclusion. It is a journey from codified exclusion to legislated equality, reflecting the changing moral and ethical priorities of Indian society. By embracing the principles of social justice, the BNS seeks to serve as a tool for empowerment, aiming to build a more equitable and harmonious society. This transformation underscores the power of law as an agent of social change, capable of challenging and reshaping age-old structures of discrimination. Ultimately, the concept of social justice in India has evolved from reinforcing social divisions to striving for collective upliftment and dignity for all.

Keywords: Social justice, Empowerment, harmonious society, discrimination, Shudras, marginalized.