This provision enshrines an autonomous, freestanding right to equality with two discernible elements to its content. First principle equality before law, means all persons are equal before law. There can be no discrimination based on a citizens caste, sex, religious belief or place of birth etc. Article 14 of the constitution is part of the fundamental rights under part iii of the indian constitution and it is regarded as one of the most important articles of the constitution. To rely on this right, you must show that discrimination has affected. For example, article 14 is a general right for all people, while articles 15 and 16 are specific cases of how this is applied to citizens in some special circumstances. Article 14 permits classification, so long as it is. Right to equality a fundamental right legal service india. The importance of the distinction may be illustrated by reference to article 14 and to protocol no. Right to equality a fundamental right legal services india. Equality, generally, an ideal of uniformity in treatment or status by those in a position to affect either. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty.
Article 14 is the equality clause because of its wide ambit and applicability. Article 15 and 16 are incidents of guarantees of equality, and give effect. Machan equality dp5 hpequa050601 rev1 page3 the meaning of equality 3. Chapter the right to equality and nondiscrimination in the administration of justice. Article 14 requires that all of the rights and freedoms set out in the act. For younger women, or women who look even younger than their actual age, dressing. Women have achieved equality at long last according to men.
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that each independent being must be treated equally by the law principle of isonomy and that all are subject to the same laws of justice due process. The equality of opportunity, nondiscrimination, and abolition of titles in general lives amongst the citizens of india are absolute and constitutionally qualified in it. Protection from discrimination equality and human rights. Chapter the right to equality and nondiscrimination in the administration of justice as shown by the world conference against racism in durban, south africa, in 2001, the challenge facing governments, nongovernmental organizations and civil. It is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. Mar 05, 2017 article 14 is the equality clause because of its wide ambit and applicability.
The environmental and health consequences of climate change, which disproportionately affect lowincome countries and poor people in highincome countries, profoundly affect human rights and. Equality before the law, the prohibition of discrimination, equality. One such right is the right to equality which is protected under articles. Equality constitutional adjudication in south africa. Fewer than half of women around the world believe they have the same opportunities as men, according to a new survey. Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. It means that the state will not distinguish any of the indian citizens on the basis of their gender, caste, creed, religion or even the place of birth. The right to equality and nondiscrimination icelandic. Article 14 of the indian constitution clearly states that the statecountry shall not deny to any person equality before the law or the equal protection. Selected universal legal provisions guaranteeing the right to equality before the law and the right to nondiscrimination 2. The south african human rights commission regularly receives complaints of alleged unfair discrimination on the basis of race, gender, disability and other grounds prohibited by section 9 of the constitution and the promotion of equality and prevention of unfair discrimination act, no. These instances have led to a lot of mental health issues too, and a lot of suicides, one in seven travellers committing suicide. What is the difference between equality before law and equal. Article 14 to 18 is defined equality of our countrys citizens and race, caste, sex, religion, place of birth.
Right to equality and equal protection of laws article 14 to 18. Speak language of equality before law and 153,4,5 speak language of equal protection of laws. Right to equality is an important right provided for in articles 14, 15, 16, 17 and 18 of the constitution. Women have achieved equality at long last according to. Article 1418 fundamental rights right to equality youtube. When it comes to equality, men and women really do see things differently. Fundamental rights articles 1418, 1922, 2324, 2528.
Sep 08, 2017 right to equality is an important right provided for in articles 14, 15, 16, 17 and 18 of the constitution. Equality and status of women in research 2016 case studies of grc participants policies and practice relating to gender equality in research the global research council grc commissioned a report on the policies and practice of grc participants relating to gender equality and the status of women in research. What is the difference between equality before law and. Why millennial women age up to be taken seriously at work. Implicit is the idea of separate treatment of unequals equal protection of laws. Article 14 of the constitution guarantees that all people shall be equally protected by the laws of the country.
While these fundamental rights are universal, the constitution provides for some exceptions and. If there is no constitutional protection for cpse employees does it mean that management of the cpse is free to discriminate on payment of allowances with. Article 14 18 of the constitution guarantees this right to every citizen of india. The equality clause contained in article 14 will have no application where the persons are not similarly situated or when there is a valid classification based on a reasonable differentia. Right to equality reasonable classification rule versus rule against. One such right is the right to equality which is protected under articles 14 to 18. Right to equality under article 14 of the constitution of. The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india.
Easy way to understand and lock it in our memory for the rest of our life. Fewer than half of women around the world believe they have the same opportunities as men, according to. Dec 27, 2014 easy way to understand and lock it in our memory for the rest of our life. This equality is the principle and foundation of liberty. Equality before law is well defined under the article 14 of the constitution which ensures that every citizen shall be likewise protected by the laws of the country. Jan 23, 2014 right to equality article 1418, right to equality article 1418 the supreme court held that under article 164 the state can provide reservation only at the entry level at the time of recruitment. Recognizing equality among human beings requires that 1. Mar 07, 2018 it is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. The right to equality is one of the chief guarantees of the constitution. Pprroovviissiioonnss iinn iinnddiiaann ccoonnssttiittuuttiioonn aarrttiiccllee 1144eeqquuaalliittyy bbeeffoorree llaaww aarrttiiccllee 1155 pprroohhiibbiittiioonn ooff ddiissccrriimmiinnaattiioonn oonn ggrroouunnddss ooff rreelliiggiioonn, rraaccee, ccaassttee, sseexx oorr ppllaaccee ooff bbiirrtthh aarrttiiccllee 1166. It states that the state shall not deny to any person a right to equality before the law. Pdf climate change, human rights, and social justice. It is the principal foundation of all other rights and.
Article 14 involved two concepts, equality before law and equal protection of law. Right to equality under article 14 according to article 14, it is an obligation to the state to not deny to any person equality before the law or equal protection of laws within the territory of india. Constitution, the right to equality before the law and the right to personal liberty. Right to equality is not absolute but highly qualified. Aristotle,politics,translatedby benjaminjowett,in britannica great books, vol. The commission was inaugurated on 02 october 1995 under the human rights commission act 54 of 1994 and as provided for by the constitution of the republic of south africa act 200 of 1993. The constitution provides that all citizens are equal before the law. Pdf rights, needs, and equality of opportunity for. Therefore, the law must guarantee that no individual nor group of individuals be. It means that the state will treat people in the same circumstances alike. The protection provided by article 14 with regard to equality and nondiscrimination is limited as it prohibits discrimination only with regard to the enjoyment of the rights and freedoms set. Article 14 outlaws discrimination in a general way and guarantees equality before the law to all the citizens, irrespective of caste, creed, religion, sex, regions, or sex etc. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
In matters relating to employment in government service the state can only lay down specific qualifications and. Everyone is born free and equal in dignity and rights. The enjoyment of the rights and freedoms set forth in the european convention on human rights and the human rights act shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles such as sir, rai bahadur, etc.
Article 10 everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Lists that r,r,c,s,pob cannot be only grounds for discrimination. Article 14 of the indian constitution reads as follows the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. Rights, needs, and equality of opportunity for health care. Equality of opportunity was the founding creed of u. Article 14 embodies the principle rule of equality which prohibits the state. Natural equality is that which is found among all men solely by the constitution of their nature. It is interesting to note that the prohibition of discrimination in article 14. The doctrine of equality is a dynamic and evolving concept. Equality before law the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Acknowledgment of the right to equality often must be coerced from the advantaged by the disadvantaged. With regard to the right to equality, article 7 of the universal declaration.
The equality before the law owes its origin to the english common law. It is an important part of fundamental rights, articles 14 18. It is embodied in articles 1416, which collectively encompass the general principles of equality before law and nondiscrimination, and articles 1718 which collectively further the philosophy of social equality. Jan 28, 2017 when it comes to equality, men and women really do see things differently. Article 14 guarantees equality article, 15 prohibits discrimination and article 16 guarantees equality of the opportunity in. Article 15 relates to prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Right to equality is the first fundamental right assured to the people of india. In other constitutions generally this right embodied in article 14. Right to equality under article 14 of the constitution of india. Its provisions have come up for discussion in the supreme court in a number of cases and the case of ram krishna dalmia vs justice s r tendolkar reiterated its meaning and scope as follows.
Accessory right article 2 of the udhr provides a right to nondiscrimination attaching. Pdf right to equalityreasonable classification rule versus rule. It means no special privilege to any individual on basis of rich or poor etc ve concept. Article 14,16,21 206 article 14 of the indian constitution embodies the general principles of equality. The article does this by focusing on a necessarily select number of equality cases, namely, prince,12 du toit, jordan, 14 national coalition for gay and lesbian equality v minister of justice and others,15 and mec for education. Fundamental rights articles 1418, 1922, 2324, 2528, 29. Constitutional provision for right to equality in india. The article does this by focusing on a necessarily select number of equality cases, namely, prince,12 du toit, jordan,14 national coalition for gay and lesbian equality v minister of justice and others,15 and mec for education. All human beings are born free and equal in dignity and rights.
Article 14 forbids class legislation but permits reasonable classification provided that it is founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and the differentia has a rational nexus to the object sought to be achieved by the legislation in question. Right to equality chapter grade d if you look at most travellers sites theyre always built beside motor ways, and beside dumps, and that is how you get sick. Equal protection of law has been given in article 14 of our indian constitution which has been taken from section 1 of the 14th amendment act of the constitution of. This article also means that individuals, whether citizens of india or otherwise shall be treated differently if the circumstances. Article 14 guarantees equality before law as well as equal protection of the law to all persons within.
Children need to have legal relationships with the adults who raise and love them whether they are their biological parents, stepparents, grandparents. Through this discussion, we must remember that understanding equality entails that we understand the uniqueness of. It applies to all persons while article 15 and others cover only citizens. It has five provisions articles 1418 to provide for equality before law or for the protection of law to all the persons in india and also to prohibit. Right to equality before law every citizen of india is subjected to ordinary law no person is above rule of law. The equality and nondiscrimination provision of the law. Article 14 says that state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. Article 14 provides for equality to all the people and absence of any discrimination on grounds such as sex, caste, religion etc. Oct 02, 2014 it relates to special position of the malays. The constitution is the highest law in the country and it was adopted to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights. A financial analysis of morality article pdf available in accounting and the public interest 121 december 2012 with 197 reads. It means that every individual is equal in the eyes of law and there shall be no priveleges in favour of any individual for example a constable and the prime minister shall be liable to the same punishment.
Article 14 right to equality assignment of constitution law. The purpose of this research is to identify the general principle of right to equality the word right to equality need no explanation because it tell its meaning itself. The constitution of india codifies the fundamental rights the basic human rights of its citizens which are defined in part iii of the constitution. All of the rights and freedoms contained in the human rights act must be protected and applied without discrimination. Employing daily wagers to do manual work at the rates under minimum wages act. Equality is one of the magnificent cornerstones of the indian democracy.
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