KMHQ 12/20/2020
The Right to Equality is one of the chief guarantees of the Constitution of India. Articles 14–18 of Constitution highlights the right to equality. It refers to the equality in the eyes of law irrespective of caste, race, and religion, place of birth or sex. When appraising Indian constitutional law, it can be stated that Article 14 guarantees equality before law as well as equal protection of the law to not only citizen of India but also to all the people within the territory of India.
This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances. The State cannot refuse this right. But no persons or group of persons can demand for any special treatment or any special privilege.
Article 15 forbids discrimination on the basis of religion, race, caste, sex, place of birth, or any of them. This right applies only to inhabitants of India and can be enforced against the State as well as private individuals, individuals, regarding free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds. The State has the right to make special treatment for women, children and for the development of backward class, scheduled caste or scheduled tribe people.
Article 16 promises equality of opportunity in matters of public employment. It prevents the State from discriminating against anyone in respect of employment on the grounds of religion, race, caste, sex, descent, and place of birth or place of residence. However, the State may provide special reservation to the people of backward classes, scheduled castes or scheduled tribes for the upliftment of the weaker sections as well as for a person professing that particular religion in case of religious institution.
Article17 abolishes the practice of untouchability. It has been declared an offence punishable by law. The Protection of Civil Rights Act, 1955 has been enacted by the Parliament which states punishments for not allowing a person to enter the place of worship and from taking water from a well or tank.
Article 18 prohibits the State from granting any titles other than military or academic distinctions, distinctions, and even the citizens of India cannot accept titles from a foreign state. Thus, Indian aristocratic titles and titles of nobility given by the British have been abolished.
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