Introduction: The courts enforce the fundamental rights, subject to some restrictions, to safeguard the fundamental human rights of all Indian citizens. The right to equality is one of these essential liberties. The term "right to equality" refers to equality before the law, which eliminates any inequity based on caste, race, religion, place of birth, or sex. Additionally, it calls for the elimination of titles and equitable job opportunities.
Article 14 Goes like this:
"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex or place of birth."
ARTICLE 14 - Equality before Law)
According to Article 14, everyone is treated equally by the law.
- All citizens will be treated equally in front of the law, according to this clause.
- Everyone is equally protected by the law in this nation.
- The law will treat individuals equally in similar situations.
ARTICLE 15 – Prohibition of discrimination
This article prohibits discrimination in any manner.
- No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be subject to any liability, disability, restriction or condition with respect to:
- Access to public places
- Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the general public
- The article also mentions that special provision can be made for women, children and the backward classes notwithstanding this article.
Article 15 says that their shall be no discrimination on basis of-
- Religion
- Race
- Caste
- Sex
- Place of birth
And if done on basis of these grounds it will be invalid. But at the same time as given under article 14 differentiation is necessary for better treatment. If with these ground if there is any relevant factor, and on basis of that protection or discrimination is taking place, then such kind of discrimination will be held valid.
For example: If for nurses or air hostess job women are given more fair chance, then it will be valid.
If steal industry or heavy industry favor men for job, then it will consider as valid.
In Yusuf v. Bombay State (AIR 1954 SC 321), section 497 was challenged in this case, women were not punished for adultery, and this provision is discriminatory. The Supreme Court then stated that such immunity was necessary given the current status of women in society. Therefore, protection under Article 497 is within the scope of Article 15 (3).
Equality of opportunity in matters of public employment (Article 16).
In case of Indra Sawney v. Union of India (AIR 1993 SC 477) court said that be considering caste we can define backward class and distinction between backward and more backward class is also valid.
ARTICLE 16 – Equality of opportunity in matters of public employment
Article 16 is basically limited in matters of employment and appointment. The clauses given under article 16 deals with very important questions of reservation. E.g. Domicile Quota.
ARTICLE 16(1)
It says the quantity of posts or possibilities to be had in state, for his or her need to be equality of possibility for all.
ARTICLE 16(2)
It talks approximately seven grounds, religion, caste, sex, descent, vicinity of birth, house and says that during public employment a few standards may be constant on foundation of which candidate can be accepted or disapproved. But on foundation of those seven grounds discrimination shall now no longer be promoted.
ARTICLE 16(3)
It says that parliament has powers to supply residence on the premise of reservation. underneath 16(2)}. it's 2 fold reasons- Accelerated development civil rights to totally different areas of state.
ARTICLE 16(4)
It says that the state has power to order some post for disadvantages sections of society or backward categories (SC & ST). The question arise on whom it'll be applicable and on what basis?
The question was answered just in case of Balaji v. State of Mysore (AIR 1963 SC 649) the 2 conditions got and aforementioned once qualifying those two conditions just for qualified individuals can relish application of 16(4)-
• He / She should be socially and educationally backward.
• No adequate illustration in commission beneath state.
Indra Sawney v. Union of India (AIR 1993 SC 477) specifically known as ‘Mandal Commission Case’. 9 judges bench was constituted and in majority of 6:3 upholding –
- 27% reservation for SEBC is correct
- Confined to appointments
• Reservation cannot exceed 50% (subject to some extra ordinary situation it can be relaxed)
ARTICLE 16 (5)
It says that if there is any kind of office under religious institution and for being its member, particular eligibility is provided that he/she must be of that particular religion then it will not be violated under 16(1) or 16(2). E.g. Waqf Board
ARTICLE 17 – Abolition of untouchability
It says that untouchability is abolished associated its follow in any kind is forbidden. Untouchability shall be an offence and punishable in accordance with law. ‘Untouchability’ isn't outlined and its extent is given beneath constitution of Asian country. In case of Jai Singh v. Union of India (AIR 1993 rule seventeen7, 1993 CriLJ 2705) & Deverajiah V. B. Padmana (AIR 1958 Mys 84, 1958) it absolutely was aforesaid that the word ‘untouchability’ under article 17 is employed in inverted commas, which suggests that we are going to not derive its literal or signification however by its historical developments and practices. In alternative words, the word untouchability describes the caste primarily based untouchability and caste based discrimination.
ARTICLE 18 – Abolition of titles
The ending of title is to keep up social equality and therefore the purpose of equality is to avoid harmful generalization. In Balaji Raghavam v. Union of Asian nation (AIR one996 1 SCC 361) the petitioner challenged the validity of those National award and requested the court to stop the govt of India from conferring these Awards.
Conclusion: The right to equality is basically one of the inalienable rights of human beings, which plays a crucial role in the uplifting of the society of various backward classes. It helps them meet their social and economic needs as they too are an equal part of society and should be treated equally. The supreme authority always ensures that the right to equality is correctly interpreted in order to achieve the goals intended by the constitution makers.
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