Right To Equality: The Constitution of India is the supreme law of the land, which guarantees certain fundamental rights to every citizen of the country. Among these fundamental rights, the right to equality is one of the most important and fundamental rights enshrined in the Constitution. Articles 14 to 18 of the Constitution deal with the right to equality.
The right to equality is a fundamental human right that guarantees that all individuals are treated equally under the law and have access to the same opportunities and protections.
Article 14 of the Constitution of India under right to equality declares that the State shall not deny any person equality before the law or equal protection of the laws within the territory of India. This means that every person in India, whether a citizen or a foreigner, is equal before the law and has the right to equal protection of the law. It also means that the law must treat all persons equally, without any discrimination on the basis of caste, religion, race, sex or place of birth.
Here are some landmark cases related to Article 14 under the provisions of right to equality:
Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth under provisions of right to equality. The State shall not discriminate against any citizen on the basis of these grounds. The article also allows the State to make special provisions for women and children, and for socially and educationally backward classes of citizens, or for the Scheduled Castes and the Scheduled Tribes. The landmark cases under Article 15 of the Indian Constitution are:
Article 16 provides for equality of opportunity in matters of public employment under the provisions of right to equality. It prohibits the State from discriminating against any citizen on the grounds of religion, race, caste, sex, descent, place of birth, or residence in respect of any employment or office under the State. It also provides for reservations in favor of any backward class of citizens or Scheduled Castes and Scheduled Tribes. The landmark cases under Article 16 of the Indian Constitution are as follows:
Article 17 of the Constitution abolishes the practice of untouchability. The practice of untouchability is prohibited and its enforcement in any form is a punishable offense under the law. In the case of Kasturilal v. State of Jammu and Kashmir (1965) the Supreme Court held that the denial of admission to a school on the basis of a person’s caste or religion is a violation of Article 17 of the Constitution. This Case is considered as the landmark case under Article 17 of the Indian Constitution under Right to Equality.
Article 18 of the Constitution abolishes titles, except military and academic titles. No citizen of India can accept any title from any foreign state without the consent of the President of India. This article is based on the principle of equality, as it ensures that no one is given special treatment or privilege on the basis of their title.
The right to equality is a fundamental right that is enshrined in the Constitution of India. Articles 14 to 18 of the Constitution deal with this right and ensure that every person in India is equal before the law and has the right to equal protection of the law. These articles prohibit discrimination on the basis of religion, race, caste, sex, or place of birth, and provide for equality of opportunity in matters of public employment. They also abolish the practice of untouchability and titles. The right to equality is a cornerstone of the Indian Constitution and is essential for the development of a just and democratic society.
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Uttarakhand Judiciary Syllabus 2023
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Juvenile Justice System in India
The right to equality is a fundamental right that ensures every person is treated equally before the law, without discrimination on the basis of religion, race, caste, sex, or place of birth.
The right to equality is recognized in various international human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in many national constitutions.
The right to equality recognizes four types of equality, namely, equality before the law, equality of opportunity, equality of treatment, and equality of outcomes.
The right to equality is significant as it ensures that all individuals are treated equally and with dignity, regardless of their personal characteristics. It helps to eliminate discrimination, prejudice, and biases and promotes social justice and equality.
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