The Right to Equality is one of the fundamental rights enshrined in the Indian Constitution. It is articulated in Articles 14 to 18 of Part III. This right is fundamental to the concept of justice and fairness and ensures that all individuals are treated equally before the law and have equal protection of the laws.
- Article 14 – Equality before the Law
- Article 14 declares that the state shall not deny to any person equality before the law or equal protection of the laws within the territory of India. This means that the state cannot arbitrarily discriminate against individuals and must treat them equally in similar circumstances.
- Article 15 – Prohibition of Discrimination:
- Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It empowers the state to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and women.
- Article 16 – Equality of Opportunity in Public Employment
- Article 16 guarantees equality of opportunity in matters of public employment. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them. The state is allowed to make reservations in favor of backward classes.
- Article 17 – Abolition of Untouchability
- Article 17 abolishes the practice of untouchability in any form. It declares untouchability to be an offense punishable by law and prohibits its practice in any public place. The Protection of Civil Rights Act, 1955, provides for penalties for enforcing any disability arising out of untouchability.
- Article 18 – Abolition of Titles
- Article 18 abolishes titles and prohibits the state from conferring titles except for military and academic distinctions. Citizens are not allowed to accept titles from foreign states, and the acceptance of titles without the consent of the President is prohibited.
- Principles of Equality
- The Right to Equality is not merely a negative right that prohibits discrimination; it also embodies the positive principle of equality. It implies that the state has an obligation to take affirmative action to promote equality and prevent discrimination.
- Reasonable Classification
- While the Constitution prohibits arbitrary discrimination, it allows for reasonable classification. The state is permitted to classify individuals or groups based on relevant criteria, provided that the classification is not discriminatory and has a rational nexus with the object sought to be achieved.
- Right to Privacy and Personal Autonomy
- The Right to Equality has been expanded to include the right to privacy, as established by judicial interpretations. Individuals have the right to make personal choices regarding their life, liberty, and privacy, and any arbitrary interference with these choices may be challenged under the Right to Equality.
- Landmark Cases
- Several landmark cases have contributed to the interpretation and evolution of the Right to Equality. The Kesavananda Bharati case (1973) reinforced the concept of the basic structure doctrine, which limits the amending power of the Parliament concerning the essential features of the Constitution.
- Social Justice
- The Right to Equality is closely linked with the concept of social justice. The Constitution recognizes the need for affirmative action and reservations to uplift marginalized and disadvantaged sections of society, ensuring that they have equal opportunities.
In summary, the Right to Equality is a foundational principle in the Indian Constitution that ensures fairness, non-discrimination, and equal protection of the laws for all individuals within the country. It plays a crucial role in promoting social justice and inclusivity.
