Introduction
The Right to Equality is a fundamental human right that ensures every individual is treated equally and without discrimination. Rooted in various national constitutions and international treaties, it affirms that societal opportunities and privileges must not be denied to anyone based on arbitrary factors such as race, gender, religion, caste, or place of birth. In essence, it is a principle aimed at creating fairness and inclusivity.
Right to Equality in India
The Right to Equality is enshrined in the Indian Constitution as a Fundamental Right, specifically in Articles 14 to 18, which are designed to guarantee justice and fairness. These provisions ensure that all citizens are treated equally before the law, provided equal opportunities, and are free from discrimination.
Provisions of the Right to Equality in India
Article 14: Equality Before Law and Equal Protection of Laws
Article 14 prohibits the state from denying any person equality before the law or equal protection of laws. This provision applies to citizens, foreigners, and even legal entities such as companies.
• Equality Before Law: This concept, of British origin, ensures no individual receives special privileges and that everyone is equally subject to the ordinary law.
• Equal Protection of Laws: Derived from the American Constitution, this guarantees similar treatment under the same circumstances and mandates that like cases be treated alike.
Rule of Law: Propounded by A.V. Dicey, the Rule of Law under Article 14 forms the basic structure of the Indian Constitution. The Supreme Court has ruled that this principle cannot be altered by a constitutional amendment.
Case Law: Maneka Gandhi v. Union of India (1978)
In this landmark case, the Supreme Court expanded the scope of Article 14 by stating that the law must be “just, fair, and reasonable,” and must not be arbitrary. It also established that any law that violates equality before the law would be deemed unconstitutional.
Case Law: State of West Bengal v. Anwar Ali Sarkar (1952)
This case highlighted that Article 14 prohibits class legislation, though it allows for “reasonable classification.” The Supreme Court ruled that the classification must be based on intelligible criteria and have a rational relationship with the law’s objective.
Article 15: Prohibition of Discrimination on Certain Grounds
Article 15 prohibits the state from discriminating against any citizen solely based on religion, race, caste, sex, or place of birth. It also prevents discrimination in accessing public places. However, exceptions exist for special provisions regarding women, children, socially and educationally backward classes, and economically weaker sections.
Case Law: Vishaka v. State of Rajasthan (1997)
The Vishaka Guidelines against sexual harassment in the workplace were established to promote gender equality. The Supreme Court ruled that discrimination against women in the workplace violates both Article 14 and Article 15, reinforcing gender justice.
Case Law: Nain Sukh Das v. State of Uttar Pradesh (1953)
This case dealt with discriminatory election laws and held that restricting certain castes from being elected to municipal committees based on their caste was a violation of Article 15.
Article 16: Equality of Opportunity in Public Employment
Article 16 ensures equal opportunities in matters of public employment. Citizens cannot be discriminated against solely based on religion, caste, sex, descent, or place of birth. The state is also empowered to make special provisions for underrepresented classes and economically weaker sections.
Case Law: Indra Sawhney v. Union of India (1992)
This case is monumental in the context of reservations for backward classes. The Supreme Court upheld the validity of reservation policies, stating that they aim to ensure substantive equality, and confirmed the constitutionality of the 27% reservation for Other Backward Classes (OBCs).
Case Law: N. M. Thomas v. State of Kerala (1976)
In this case, the Supreme Court ruled that reservation in promotions for backward classes is constitutionally valid, thereby ensuring equal opportunity in public employment.
Article 17: Abolition of Untouchability
Article 17 abolishes untouchability in any form and makes its practice a punishable offence. Untouchability refers to the social disabilities imposed due to caste-based discrimination.
Case Law: State of Karnataka v. Appa Balu Ingale (1993)
In this case, the Supreme Court condemned the practice of untouchability and upheld convictions under the Protection of Civil Rights Act, 1955. It emphasized that untouchability in any form is punishable by law and must be eradicated.
Article 18: Abolition of Titles
Article 18 prohibits the state from conferring titles, except military or academic distinctions. It also bars Indian citizens from accepting titles from foreign states, while awards like Bharat Ratna and Padma Vibhushan are exempt, provided they are not used as titles.
Case Law: Balaji Raghavan v. Union of India (1996)
In this case, the petitioners challenged the legitimacy of national awards like the Bharat Ratna and Padma awards. The Supreme Court held that such awards are not prohibited by Article 18, provided they do not become hereditary and are not used as titles.
Also Read: Fundamental Rights in India
Exceptions to the Right to Equality
Certain exceptions are built into the Right to Equality, such as reasonable classification by law, immunity granted to the President and Governors, protection for parliamentary proceedings, and diplomatic immunity for foreign representatives and the United Nations.
Significance of the Right to Equality
1. Fairness and Justice: It ensures equitable treatment for all, fostering a just and fair society.
2. Non-Discrimination: It prohibits bias in crucial areas like education, employment, and public services.
3. Inclusivity: By recognizing the dignity of every individual, it promotes societal inclusivity and unity.
4. Social Cohesion: It helps build societal harmony by reducing tensions and promoting equal opportunities.
FAQs
1. What is the scope of the Right to Equality in India?
The Right to Equality covers Articles 14 to 18 of the Indian Constitution, ensuring equal treatment before the law, prohibition of discrimination, equal opportunity in public employment, and the abolition of untouchability and titles.
2. What are the key differences between ‘Equality before the Law’ and ‘Equal Protection of Laws’?
‘Equality before the Law’ is a negative concept that eliminates special privileges, while ‘Equal Protection of Laws’ is a positive concept ensuring equal treatment in similar circumstances.
3. Are there any exceptions to the Right to Equality?
Yes, reasonable classification, immunities for the President and Governors, and provisions for economically and socially backward classes are some exceptions to the Right to Equality.
Also Read: citizenship of India Art 5 to 11
Reference: nextias.com