LESSONS FOR SOUTH AFRICAN SOCIAL ASSISTANCE LAW FROM INDIA: PART 2 – IS THERE MORE TO THE RIGHT TO LIFE IN SOUTH AFRICA?

Abstract

This is the second of two articles dealing with the constitutional right of access to social assistance in South Africa by way of comparison with the social justice provisions applicable in India. Part I dealt specifically with the significance of a comparison between these two countries and focused on the provisions of the Indian Constitution and court judgments which may inform social policy in South Africa. Part II, based on lessons from India, considers the use of the right to life as a solution for people not qualifying for any social assistance in South Africa despite being in desperate need.