Developing Human Capabilities Through Law: Is Indian Law Failing?

Routh Supriya
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Routh Supriya: WB National University of Juridical Sciences, India

Asian Journal of Law and Economics, 2012, vol. 3, issue 1, 22

Abstract: The Capability Approach envisages a human-centred idea of development instead of an income-based idea of development. Economic development is only one of the components in human capability development. Economic development by itself cannot ensure capability promotion amongst individuals, specially in developing countries like India where majority of the population suffers from various kinds of capability deprivation. What is required under such circumstances is enabling the population to make use of economic development by enhancing their capabilities. The judicial system is an important institution in this regard. However, judicial interpretation in India is not helping the cause of capability promotion amongst the population. The judiciary is blinded by the rhetoric of economic development. Judicial interpretations show that the judiciary believes economic development by itself is sufficient enough condition in the development of the country and its people. This article, by choosing the example of labour law, shows that the judiciary is acting under a mistaken belief of development in interpreting labour jurisprudence in India. If human development is the goal of the labour laws, the judiciary needs to focus on providing social and institutional conditions for the promotion of capabilities rather than eroding such conditions in the name of economic development.

Keywords: Amartya Sen; capability approach; development; India; judiciary; labour law (search for similar items in EconPapers)
Date: 2012
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DOI: 10.1515/2154-4611.1064

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