August 24, 2021

Right to Equality

Author: Anjali Kumari

Teerthanker Mahaveer University

BBA LLB (Hons)

Most prominent in rank, the Right to Equality is the most prominent right provided to the citizen of India by the Indian Constitution. It is provided in Articles 14, 15, 16, 17and 18 of the Constitution. This right is considered as the basis of all the other rights and liberties.

Before moving ahead, let’s give a look at the words of “FRANCES WRIGHT” i.e., Equality is the soul of liberty: There is, in fact, no liberty Without it.

Equality means ‘equal standing’ for all the people. Freedom does not exist without equality. In other words we can say equality is the real meaning of freedom.

The word equality is originated from the latin word ‘aqualitas” which means ‘equal’. Among billions of creature in this world, so many inequalities abound. There are so many issues of inequality exist among the people in different aspects of life. They belongs from different casts, color, creed, sex, nation, religion and so on……

The general understanding of “equality” is found in article 8(2) of the Entente. According to this, a person or a group of person who are charged with or on trial for a crime “with full of equality” to certain minimum guarantees during the court proceedings against him/her.

As stated in article 24 of the constitution of India states that “all persons are equal according to law.

In present time we can see lots of discrimination in our society. People of our society do partiality among small people and the people hop belongs from small casts are also discriminated and humiliated on a large scale. Discrimination is done on the basis of religion also though our country and our constitution and our country follows “SECULARISM”, differentiation became a biggest matter on the basis of religion. Humiliation or discrimination because of color, cast, sex etc. is faced by the weaker section of our society. But government had taken steps to protect their right to equality by giving reservations and developing schemes in different fields.

Now a days, one more reason of breakdown of right to equality is seen in our society i.e. Discrimination among the ‘Transgender’. Transgender inequality is the unequal protection which is faced by the transgender people in works places, schools, offices, shops, even in the temple also. Transgender people regularly face harassment and the largest reason that they face inequality is due to the lack of public understanding of transgender people. Some of the recent studies have shown that transgender individuals face discrimination within their own family units (from Trans-Equity).

But fortunately according to Indian constitution, Transgender are allowed to register them under a third gender. As per this law we can see at every place there is a column for transgender i.e. third gender. One more step is taken in 2019 by our constitution is that the transgender people in India are allowed to change their legal gender post-sex reassignment surgery under legislation. They were also given legal right for voting as third sex in 1994.On 15 April 2014, the Supreme Court of India declared transgender people a socially and economically suppressed class authorized to retaining in education and jobs, and also directed union and state governments to frame well-being projects for them.

By these steps of government ‘Right to Equality’ is being forces in society.

One quote for protecting this right-

“US MAA SE HI JANME SAARE….

USKE PYAR KE DHAGE NYARE…

CHAHE HO TUM MOTE, KALE…

CHAHE HO LAKHO KAMIYA TUM ME….

FIR BHI PYAR TUMSE KARTI PYARE….

US MAA SE HI JANME SAARE…..

FIR BHED BHAO KYUN KRTE SARE!!!!

Now let’s discuss the articles under which Right to Equality is defined:-

Article 14:

This describes equality before the law and equal protection of laws.
Equality in advance to law means that the state shall not refuse to any person’s equality in advance to the law or the equal shield of the laws within the territory of India.
Moreover, this article does not prevent the state from making or developing any special provisions for the welfare of women and children in our society. This section is one of the most positive concepts for showing equality.
According to this, every citizen who lives in India should be treated equally with equal rights without any discrimination. And they will get equal treatment and equal protection of law. Any state cannot deny for equal protection of the law as it is guaranteed by the constitution.

Article 15:

Inhibit of discrimination on basis of religion, race, caste, sex or place of birth.
It is stated in our society that there will be social equality and equal accessibility in the public or private areas and no one should be discriminated on the basis of caste, religion, gender and language.
This article also becomes the central issue of judicial decision, public debate, reservation, quotas etc. On a large scale.
According to the 103^rd amendment of constitution this article has five clauses.
Let’s give a look on the clauses:
Clause (1): It prohibits discrimination against citizens of India on the protected grounds.
Clause (2): It commands that citizen may access various public or commercial spaces or utilities without discrimination on the protected ground.
Clause (3)-(5): It generates exceptions or ‘special provisions’ for these general prohibitions, by permitting the state to make special clauses for women, children, socially and educationally backward classes, schedule casts and schedule tribes.

Article 16:

Equality of chances in matters of public pursuit.
It means any citizen of India should not be discriminated on the basis of caste, creed, color, sex, religion, language and place of birth at any work place such as schools, offices, or any employment area under the State.

Article 17:

Formally putting to an end of untouchability and prohibition of its practices.
It means untouchability is abolished and and its practices in any form is forbidden. The contraption of any impairment came out of ‘Untouchability’ shall be an offence punishable in accordance of law.
It completely abolishes the practices of untouchability.

Article 18:

Abolition of titles, military and academic difference is however released.
It means no title , not being a military and academic distinction shall conferred by the State.
No any citizen of India shall receive any title from foreign state.
No one clutches any office of profit or trust under the State shall, without the assent of the president, to take any present, allowance, or office of any kind from or under any foreign state.
Now at the end we can say Right To Equality is the foremost right of every citizen which can never be discriminated by the society at any cost, and if it happens just fight for the rights.

Relevant links :

Disclaimer: This article is issued in the general public interest and meant for general information purposes only. Readers are advised not to rely on the contents of the article as conclusive in nature and should research further or consult an expert in this regard.