LESSONS FOR SOUTH AFRICAN SOCIAL ASSISTANCE LAW FROM INDIA: PART 1 – THE TIES THAT BIND: THE INDIAN CONSTITUTION AND REASONS FOR COMPARING SOUTH AFRICA WITH INDIA

Abstract

This is the first 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 deals specifically with the significance of a comparison between these two countries and focuses on the provisions of the Indian Constitution and court judgments which may inform social policy in South Africa. Part II will highlight the duty of the state in South Africa given the wording of section 27 of the Constitution and will, based on lessons from India, argue that use of the right to life may be a solution for people not qualifying for any social assistance in South Africa despite being in desperate need.