Friday, 4 February 2022

RIGHT TO EQUALITY

 


                                                 RIGHT TO EQUALITY


INTRODUCTION

Part III of the Indian Constitution ensures specific essential rights to every one of the residents of India independent of their position, race, origination, religion or orientation. These essential rights are known as Fundamental Rights which are reasonable. Dr. B. R. Ambedkar referred these as the most resident piece of the constitution. These are considered a fundamental piece of the constitution as they safeguard the rights and freedoms of the residents of the country against any abuse or interruption by the public authority with the power assigned to them in a majority rules system. These are the negative commitments of the state and residents. These rights attempt to accomplish the objectives set out in the Preamble, of justice, liberty, equality, fraternity and dignity. Article 14 to Article 18 of the constitution of India provides for Right to Equality. 

ARTICLE 14 

Equality before law. According to Article 14 of the constitution, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The Rule of law has been given by Prof. A.V.Dicey the expression the guarantee of equality before the law. This means that no man is above the law all are equal in eye of law. The concept of rule of law come from ‘Magna Carta’. Its means that law is equal for all in same line. Because state have no religion all are equal. And uniformity will be applied to all. Under the constitution of India every organ of the state is governed and controlled by the rule of law. The absence of arbitrary power has been postulated to be the first essential of rule of law. The rule of law requires that the discretion granted to the executive authorities must be contained within clearly defined limits. The rule of law allows the entire fabrics of the constitution of India and it is one of its fundamental features. 

Article 14 says about two things, equality before law and equal protection of law. The concept of equality before law was originated from rule of law. According to diceys rule of law, there are mainly three principles, they are, equality before law, supremacy of law and predominance of legal spirit. 

CASE LAWS

1) Air India vs. Nargesh Meerza (1981) – in this case the court held that terminating the services of an air hostess on the grounds of pregnancy amounted to discrimination. It violates Article 14 of the constitution. 

2)Randhir Singh vs. Union of India (1982) – in this case the court observed that, Equal pay for equal work though not a fundamental right is clearly a constitutional goal under Article 14,16 and 39(c) of the constitution.

3) D.S Nakara vs. Union of India (1983) – in this case classification was made between the pensioners who retired before a specified date and those who retired after that date. Court held that such classification was held irrational.

4) Mithu vs. State of Punjab (1983) – section 303 provided for mandatory death penalty for anyone who commits murder and is on life imprisonment, which the court declared arbitrary and not based on any rational principle.

5) National legal Services authority vs. Union of India (2014) – Article 14 of the constitution, the word person includes everyone, it did not make any exception to anyone, it includes, hijras, transgender, etc. The definition of the word person includes everyone.

6) Navtej Singh Johar vs. Union of India (2018) – LGBT individuals were legally allowed to engage in consensual intercourse. Section 377 of IPC was held to be violative of right to equality for same sex couples. 

7) Indian young lawyers association vs. State of Kerala (2018) – Supreme Court declared unconstitutional the Sabrimala temples custom of prohibiting women in their menstruating years from entering the temple premises. 

CONCLUSION

No person should be discriminated on any matters. Article 15 of the Article says that, it prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. Article 16 speaks about the equality of opportunity in matters of public employment, Article 17, abolishes untouchability and Article 18 says about abolition of titles. These are some of the other Articles which stands for equality other than Article 14. The constitution of India provides equality for all the people.


By,

Asha Sebastian.



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