Application and Enforcement of the Right to Equality Under Article 14 of the Constitution

Introduction

Article 14 of the Indian Constitution guarantees the Right to Equality, ensuring that every individual is treated equally before the law and is entitled to equal protection of the laws. This fundamental right is crucial for maintaining justice and fairness in a diverse society.

Application of the Right to Equality

1. Legal Framework and Interpretation:
   • Article 14 states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This encompasses two main principles: equality before the law and equal protection of the laws.
   • The principle of equality before the law means that every individual, regardless of status, is subject to the same laws of justice and is entitled to the same legal remedies.
   • The principle of equal protection of the laws requires that laws must apply equally to all individuals in similar circumstances and that there should be no arbitrary discrimination.
2. Judicial Interpretations and Expansions:
   • The Supreme Court of India has played a significant role in expanding and applying the Right to Equality. For example, in E.P. Royappa v. State of Tamil Nadu (1974), the Court held that equality is not just about treating everyone the same but also about ensuring fairness in the treatment of individuals.
   • In Maneka Gandhi v. Union of India (1978), the Supreme Court emphasized that Article 14 is not a mere guarantee of equality before the law but also requires that laws must not be arbitrary and must fulfill the principles of fairness and reasonableness.

Enforcement and Measures by the Government

1. Legislative Measures:
   • The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 aims to protect marginalized communities from discrimination and violence, reinforcing the principles of equality and justice.
   • The Right of Persons with Disabilities Act, 2016 ensures equal opportunities and non-discrimination against individuals with disabilities, thereby enhancing their participation in all spheres of life.
2. Reservations and Affirmative Action:
   • Reservation policies in educational institutions and public employment are designed to uplift historically disadvantaged groups such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes. For instance, the Supreme Court judgment in Indra Sawhney v. Union of India (1992) upheld the constitutional validity of reservations while emphasizing the need for socio-economic criteria to be applied.
   • The 103rd Constitutional Amendment Act, 2023, introduced a 10% reservation for Economically Weaker Sections (EWS) in educational institutions and public employment, aimed at addressing economic disparities.

Role of the Judiciary in Ensuring Non-Discrimination

1. Landmark Judgments:
   • Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized consensual same-sex relationships, ensuring equality and non-discrimination based on sexual orientation, and advancing LGBTQ+ rights.
   • Joseph Shine v. Union of India (2018): The Court struck down Section 497 of the Indian Penal Code, which criminalized adultery, thus upholding gender equality and the principle of non-discrimination in marital relationships.
2. Public Interest Litigation (PIL):
   • PILs have been instrumental in addressing issues of discrimination and inequality. For example, Vishaka v. State of Rajasthan (1997) led to the establishment of guidelines for the prevention of sexual harassment at the workplace, promoting gender equality.

Protection of Vulnerable and Marginalized Groups

1. Empowering Marginalized Communities:
   • The Protection of Human Rights Act, 1993, established the National Human Rights Commission (NHRC) to investigate violations of human rights, including discrimination and inequality, thus providing a mechanism for redressal.
   • The Right to Education Act, 2009, mandates free and compulsory education for children aged 6 to 14 years, particularly benefiting children from economically disadvantaged backgrounds.
2. Challenges and Areas of Improvement:
   • Despite legislative and judicial measures, challenges persist, such as discrimination based on caste, gender, and economic status. For instance, recent reports on atrocities against Dalits and tribals highlight ongoing issues of social exclusion and inequality.
   • The implementation of laws and policies often faces obstacles, including bureaucratic inertia and lack of awareness among the affected communities.

Conclusion

Article 14 of the Indian Constitution is a cornerstone of the Right to Equality, ensuring that all citizens receive equal treatment and protection under the law. The judiciary has played a crucial role in expanding the scope of this right, while legislative and policy measures have aimed to address the needs of vulnerable and marginalized groups. However, continuous efforts are required to address persistent inequalities and ensure that the principles of equality and non-discrimination are fully realized in practice.