Right to Equality: Equality for all..!!

Introduction

Equality means equal treatment to all irrespective of gender, race, caste or colour. Everyone has a right to live with equal opportunities. If we are born on this planet we have to treat everyone equally. Karma revolves around, the way we treat people, we will get the same treatment in return. Right to equality is one of the fundamental right given in part III of the constitution. 

Articles 14 to 18 of the Constitution states the provisions related to the Right to Equality.

Article 14- Equality before Law

This article states that the state shall not deny to any person equality before law or the equal protection of laws within the territory of India. 

There are two terms mentioned namely:

• Equality before law: This means that the equal treatment to all. There shall be no privilege to any particular person. Equal punishment under the same category of crime. No person is above the law. Same law for all whether the person is poor or rich or minister or servant.
• Equal protection of laws:  similar applicability of same laws to all the persons who are similarly situated. Equal treatment under equal circumstances. No discrimination to anyone.

According to the constitution the rule of law is the fundamental element. Therefore, it cannot be abolished by amending the constitution in any way.

There are some exceptions to this article:

• No criminal proceedings against the president or governor of the state during his/her term of office.
• No issue of arrest warrant by the court to the president or the govt. during their term of office.
• No MLA shall be liable for any proceeding in the court for his/her statement or vote given in the state legislature.
• No MP shall be liable for any proceeding in the court for his/her statement or vote given in the parliament.
• No civil or criminal case against foreigner (sovereign ruler), diplomatic person or ambassadors.

Article 15- Prohibition of discrimination on grounds of religion, caste, race, sex or place of birth.

This article states that:

1. The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
2. No citizen shall be subjected to any disability, liability, restriction or condition on grounds of any religion, caste, race, sex, place of birth with regard to-

Access to shops, public restaurants, hotels, and places of public entertainment.The use of wells, tanks, bathing Ghats, roads, and places of public resorts maintained wholly or partly by state funds or dedicated to the use of the general public. 

 3. Nothing in this article shall prevent the state from making provisions for children and women.

 4. Nothing in this article or in clause (2) - no citizen shall be denied admission into any educational institution maintained by state or receiving aid out of state funds on ground only of religion, race, caste, language or any of them) of the Article 29(protection of  interests of minorities.) shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

   5. Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making:             

• Any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1)- all minorities whether based on religion or language shall have the right to establish or administer educational institutions) of the Article 30(right of minorities to establish or administer educational institutions).

     6. Nothing in this article or sub clause (g) of clause (1) of article 19 or clause (2) of article 30 shall prevent the state from making 

• Any special provisions for the economically weaker sections or advancement other than classes mentioned in clause (4) and (5) as such special provisions are related to the admissions to the educational institutions which includes private institutions aided or unaided by the state other than the minorities educational institutions mentioned in clause (1) of article 30 in case of addition to the existing reservation and subject ta 10% of reservation of total seats in each category. 

Article 16- Equality of opportunity in the matter of public employment

1. It states that there shall be equal opportunity for all the citizens in the matter of employment or appointment to any office under the state. This means that state will provide equal opportunity to every citizen.
2. No discrimination of any citizen on the ground of religion, caste, sex, descent, birth place, residence or any of them or in respect of any employment or office under the state. 

Purpose is same but the extension of article 16(1) and 16(2) of the Indian constitution is only up to the offices under control of “The State”. It means only the state is bound to follow article 16 and not the private organisations and employment under state on a contract basis.

If a private organisation tries to recruit, then they are not bound to follow article 16(1) and 16(2) Equal opportunity doesn’t mean negligence of merit or ability of a person. It means physical and mental soundness is necessary for holding any office. 

   3. Nothing can prevent parliament to make laws in regard of classes or class of employment or appointment to office.

     4. Nothing can prevent the state from making provisions for reservation of appointments or posts  in favour of any backward class which is not adequately represented in services under the state.  This means that reservations given by the government while recruiting in the office under their control in the two circumstances:

• Reservation can only be given to the backward class and not to the upper class.
• The government must ensure that the backward class has not the proper representations on the government jobs.

Therefore, this provision focus only on the reservation of backward classes

History of OBC reservation

The Other Backward Caste get the 27% of reservation in the government jobs and admissions in engineering and medical college. This idea came up when in the year 1979, the Janta Dal government lead by PM Morarji Desai formed The Backward Class commission whose president was B.P. Mandal. The commission was popularly known as the Mandal Commission.

In the year 1979, the Janta Dal government lead by PM Morarji Desai formed The Backward Class commission whose president was B.P. Mandal. The commission was popularly known as the Mandal Commission.

Our constitution has a provision that the president can establish a commission for examination of the social and financial status of backward class and gives recommendation on that in article 340. The Mandal Commission was established by the provision of article 340 which says that that the president can establish a commission for examination of the social and financial status of backward class and gives recommendation on that.

The Mandal commission submitted the report on 1980 and categorised 3743 castes into the category of backward class (not schedule caste or schedule tribe).

The commission also suggested 27% of reservation for the backward class. Later in the year 1990, the Congress government led by VP Singh implemented it.

The concept of creamy layer and non-creamy layer within the backward class was first introduced by the Indira Gandhi government in the year 1992. For founding the Non-creamy layer people, a Ram Nandan Committee was formed who submitted the report in the year 1993 and since then the 27% reservation was provided.

Article 17- Abolition of Untouchability

Untouchability” is abolished, and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with the law.

Untouchability refers to the social disability imposed on certain classes of a person because of their birth in a specific backward class. Hence, it does not cover any social boycott of a few individuals or their exclusion from religious services, etc.

Case Laws

• In People Union for Democratic Rights vs. Union of India case, the court said that the protection provided under article 15 and article 17 is available against state and private individual. It means all the citizens are protected against the practice of untouchability from both state and private individuals. So the implications of both the articles are broader than the other articles.

• In State of Karnataka vs Appa Balu Ingale case, the supreme court said that the objective of the article 17 is to remove all forms of disability, restrictions and disability on the sole basis of caste and religion.

Article 18- Abolition of Titles

1. No title, not being a military or academic distinction, shall be conferred by the State.

2. No citizen of India shall accept any title from any foreign State.

3. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

4. No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

A ‘title’ is something that hangs to one’s name, as an appendage (either prefix or suffix e.g. Sir, Nawab, Maharaja, etc.). A democracy should not create titles and titular glories. This will go against the realization of social equality.

It prohibits the state from the conferring any title (except military or the academic distinction) on anybody, whether a citizen or a foreigner. Example- CA, Dr., IAS, MBBS.It prohibits a citizen of India from accepting any title from any of the foreign states. However, a foreigner holding any office of the profit or the trust under the state cannot accept any title from any foreign state without the consent of the president. no citizen or a foreigner holding any office of the profit or the trust under the State is to accept any present, emolument or the office from or under any foreign State without any consent of the president. Example- Salary to Indian diplomats retired from UN, WTO, IMF is allowed with the permission.

Conclusion

So, the right to equality being a fundamental right states under article 14 of part III of the Indian constitution is applicable to all and nobody can take this right away. No discrimination on the basis of caste, race, creed, gender etc. It protects the citizens from being discriminated in different aspects. Give respect, take respect. Equal treatment to all leads a good development in the country and make country a better place for each and every person to live in.