Right to Equality as a Fundamental Right

Definition and Constitutional Provisions

The Right to Equality is enshrined as a Fundamental Right in Part III of the Indian Constitution, primarily under Articles 14 to 18. It guarantees that all citizens are equal before the law and provides various protections against discrimination.

Key Provisions

1. Article 14 – Equality Before the Law: Ensures that every person, regardless of their status, is subject to the same laws. It is a safeguard against arbitrary actions by the state.
2. Article 15 – Prohibition of Discrimination: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. For example, the Supreme Court’s judgment in the Indian Young Lawyers Association vs. The State of Kerala (2018) upheld the right of women to enter the Sabarimala Temple, reinforcing non-discrimination principles.
3. Article 16 – Equality of Opportunity in Public Employment: Ensures fair treatment in recruitment and employment in government jobs, prohibiting discrimination based on religion, race, caste, sex, or place of birth.
4. Article 17 – Abolition of Untouchability: Abolishes untouchability and forbids its practice in any form, as demonstrated by various legal measures and social campaigns to eradicate this social evil.
5. Article 18 – Abolition of Titles: Prohibits the state from granting titles except for military or academic distinctions, preventing the creation of aristocracy or privileged classes.

Recent Examples

• The 2020 Supreme Court ruling in the R. Kumar vs. State of Uttar Pradesh case emphasized equal treatment and opportunities for differently-abled individuals, reinforcing Article 15.
• The Delhi High Court’s 2022 judgment in favor of the rights of transgender individuals to be considered for government jobs under Article 16 marked a significant step towards equality.

Challenges and Considerations

Despite these constitutional safeguards, challenges remain, including social discrimination, caste-based biases, and gender inequality. Ensuring effective implementation of these rights requires continuous legal, social, and administrative efforts.

In conclusion, the Right to Equality as a Fundamental Right is crucial for ensuring a just and inclusive society, but ongoing vigilance and reform are necessary to address persistent inequalities.