Poverty represents a situation where people lack access to sufficient income, resources and opportunities whereby they can lead a life with dignity. In fact, it is a situation in which, at times, even their very survival is in question. Persons living in poverty thus are unable to enjoy their basic human rights, particularly social and economic rights. Poverty is seen as both a ‘cause-and-effect’ of the violation of human rights. This paper seeks to look into the issue of poverty in the light of human rights. The paper studies the constitutional framework and various legislations enacted towards ensuring social justice and basic necessities to people. Some of the schemes introduced by the government in this regard are also considered. Finally, the role of the judiciary in ensuring access to justice to the disadvantaged sections of society and securing the social and economic rights of persons through its creative interpretation of the right to life is discussed.

International human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) envision “the ideal of free human beings enjoying civil and political freedoms and freedom from fear and want which can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights”1. Poverty represents a condition in which individuals are unable to meet their most basic needs, thus representing a situation in which there is denial of various basic human rights, particularly those categorized as social and economic rights. The World Conference on Human Rights in 1993 affirmed that “poverty and social exclusion constitute a violation of human dignity”.2 Poverty has been defined in many ways, including the “lack of resources or of command over resources”, “lack of entitlements” as well as, “the inability to participate in society”3. Kauffman and Grosz (2007) noted that there is no agreement on a definition of poverty, though levels of income remain a key criterion in its determination4.

In India, even after over six decades of independence, poverty remains rampant. As noted in the Twelfth Five-Year Plan, while the percentage of population below the poverty line in India is falling, the number of persons living below the poverty line remains large.5 In the year 2009 – 2010, 29.8% of the Indian population6 was still living below the poverty line.7 Newspapers have repeatedly reported cases of deaths by starvation and malnutrition in various parts of the country and of suicides by farmers8. Petitions before the Supreme Court and the High Courts have brought to light cases of persons dwelling on pavements, working as bonded labor, and in poor working conditions, suffering due to lack of adequate healthcare facilities, etc. It is thus evident that millions in our country are deprived of their basic needs and human rights.

Law Review Journal, Poverty, International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Twelfth Five-Year Plan, Human Rights Violation, Human Rights.