Law and Unmet Social Needs
| Published date | 01 June 2013 |
| DOI | 10.1177/2277401720130101 |
| Date | 01 June 2013 |
| Subject Matter | Article |
LAW AND UNMET SOCIAL NEEDS
Upendra Baxi*
How does, and how should, social theory conceive of the basic
human needs (“BHN”) of the worst-off in society? How should
these concep tions be transl ated into the languag e of
constitutional law? The paper will investigate the analytical
concerns of BHN and address six key concerns. First, how should
social theory define 'needs'? Second, how should state officials
identify, map, and respond to these needs? Third, how may
transnational intergovernmental networks impinge on national
spheres of public policy in regarding to meeting BHN? Fourth,
on what basis may public power be distributed for meeting BHN?
Fifth, should the appellate judiciary concern itself with the tasks
of protection of rights rather than extend its powers to
identification and meeting BHN? Sixth, when BHN remain unmet
for long stretches of time, could violent social action represent
itself as a long term agency for rectification of public indifference
towards meeting unmet BHN?
I. THINKING THROUGH THE NOTION OF UNMET SOCIAL NEEDS
WITH MOHANDAS ................................................................................... 2
II. SOME BASIC ANALYTIC CONCERNS ...................................................... 4
III. THE CONCEPTION OF NEEDS ................................................................5
IV. MAPPING AND MEETING SOCIAL NEEDS .............................................. 8
V. JURISDICTIONAL SPHERES FOR MEETING SOCIAL NEEDS................... 10
VI. THE INFLUENCE AND POWER OF TRANSNATIONAL
INTERGOVERNMENTAL NETWORKS....................................................... 11
VII. ROLE OF THE INDIAN JUDICIARY IN MEETING BHN........................... 11
VIII.VIOLENCE AS A WAY TOWARDS ARTICULATING
FUNDAMENTAL HUMAN RIGHTS ............................................................12
* Emeritus Professor of Law, University of Warwick; Distinguished Professor, National Law
University, Delhi; Former Vice Chancellor, University of Delhi (1990-1994) and South
Gujarat (1982-1985); Visiting Professor, Global Law Program, New York University (1966-
th
1999). This article is a modified version of the speech delivered at the 10 Annual Bodh Raj
Sawhney Memorial Oration, at National Law University, Delhi on February 20, 2010.
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