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. Article 19 guarantees six freedoms to every person. Constitutional vision of equality and social justice. Equality before the law is the result of rule of law. It states that the state shall not deny to any person a right to equality before the law. 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. As such article 14 was considered generally a negative right of an individual not to be discriminated in access to public offices or places or in public offices generally.
Article 14 commands the state not to deny to any person equality before the law or the equal protection of the laws. Right at the start, in section 1, the constitution provides that the founding values of our constitution are amongst others. Article 14 of the indian constitution equality of equals. The unequal application of the universal human right to equality. It embodies the general principles of equality before law and prohibits unreasonable discrimination between persons. The right to equality and nondiscrimination icelandic. Article 14,16,21 206 article 14 of the indian constitution embodies the general principles of equality. There can be no discrimination based on a citizens caste, sex, religious belief or place of birth etc. Article 14, 15, 16, 17, 18 and 19 of indian constitution.
Supreme court justice singhvi the supreme court in national council for teacher education versus shri shyam shiksha prashikshan sansthan has reiterated the concept of right to equality as enshrined in our constitution. Section 91 of the final constitution of south africa, referred to as equality clause, states. While these fundamental rights are universal, the constitution provides for some exceptions and. Article 14 guarantees equality article, 15 prohibits discrimination and article 16 guarantees equality of the opportunity in public employment to the citizens of india. Equality of opportunity was the founding creed of u. The expression equality before law is a negative concept and the state has a duty to abstain from doing any act which is discriminatory in nature. It is also the first fundamental right guaranteed to the people. Article 14 guarantees that all citizens shall be equally protected by the laws of the country. Concepts and controversies, in fredman, discrimination law oxford. The phrase equality before the law occurs in almost all written constitutions that guarantee fundamental rights.
Right to equality is not absolute but highly qualified under. Sep 08, 2017 right to equality is an important right provided for in articles 14, 15, 16, 17 and 18 of the constitution. Fundamental rights articles 1418, 1922, 2324, 2528. The state shall not deny to any person equality before the law or the equal protection of the laws within. What is the difference between equality before law and equal. In the series of constitutional provisions from article 14 to 18, art 14 is the most significant. Articles 14 18 constitute the right to equality in india. Right to equality article 14 18, right to equality article 14 18 the supreme court held that under article 164 the state can provide. Article 14 equality before the law and equal protection of laws article 20 protection in respect of conviction for offences article 21 protection of life and personal liberty article 21a right to elementary education article 22 protection against arrest and detention in certain cases. Article 14 embodies the idea of equality expressed in preamble.
Right to equality would be covered right to equality article 14 to 18 article 14 it is the core article under right to equality. Fundamental rights available only to citizens of india. Right to equality under article 14 of the constitution. Sep 22, 2015 article 14 it is the core article under right to equality article 14 states that the state shall not deny to any person equality before the law or the equal protection of laws within the territory of india. Recognizing equality among human beings requires that 1. Article 14 of the constitution of india is a declaration of equality of civil rights for all purpose. Right to equality is one of the six fundamental rights in the indian constitution given under article 14. Although subsequent revolutionary legislation was to strengthen the inheritance and property rights of women, confer greater equality within marriage, and give them parity under the divorce law, these gains were largely eliminated by the napoleonic code. It is an important part of fundamental rights, articles 14 18. Article 14 of indian constitution explained one of the most important guarantees from our constitution is to be treated equally, or the right to equality. The equality before the law owes its origin to the english common law. Right to equality and the indian supreme court equality provisions right to equality, guaranteed in the indian constitution, is covered by its articles 14 to 18. Constitutional provision for right to equality in india. It states that the state shall not deny to any person a right to.
Right to equality under article 14 of the constitution legal bites. The right to equality and equal protection of laws loses its reality if all the citizens do not have equal facilities of access to the courts for the protection of their. Equality includes the full and equal enjoyment of all rights and freedoms. The constitution of india codifies the fundamental rights the basic human rights of its citizens which are defined in part iii of the constitution. Administrative, quasijudicial decisions tend to merge in legislative.
In its report on the rule of law of 2011,3 the venice commission exam. Acknowledgment of the right to equality often must be coerced from the advantaged by the disadvantaged. Nondiscrimination under article 14 echr 1 introduction 1. Pdf equality hypocrisy, inconsistency, and prejudice.
In other constitutions generally this right embodied in article 14. Right to equality is not absolute but highly qualified under the constitution of india advocate arjun supreme court of india, photographed about 170 metres from the main building outside the perimeter wall pix wikipedialegaleagle86. There is a related matter that deserves consideration here. Everyone is entitled to all the rights and freedoms set forth in this declaration. Equality constitutional adjudication in south africa. This provision enshrines an autonomous, freestanding right to equality with two discernible elements to its content. Parliament to regulate the right of citizenship by law 5 part iii fundamental rights general 12. However, the state can impose restrictions on the freedom of speech and expression in the interests of the integrity, security and sovereignty of the country, friendly relations with foreign nations, for public order. Article 14 requires that all of the rights and freedoms set out in the act must be protected and applied without discrimination.
The state guarantees freedom of speech and expression to every person. It is a declaration of equality of all persons within the territory of india. It is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. Mar 07, 2018 it is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. Situations not covered by art15 to 18, the general principle of equality is embodied in art14 is attracted whenever discrimination is alleged. Article 1418 fundamental rights right to equality youtube. Article 14 declares that the state should not deny to any person equality before the laws within the territory of india. Mar 05, 2017 right to equality is the first fundamental right assured to the people of india. The doctrine of equality is a dynamic and evolving concept.
Article 14 requires that all of the rights and freedoms set out in the act must be protected and applied without discrimination discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified. The universal declaration of human rights article 1. Equality before the law, the prohibition of discrimination, equality. 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. Essay on right to equality under article 14 of indian. Equality before law is guaranteed to all without regard to race, color or nationality. Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. Right to equality is not absolute but highly qualified.
Right to equality a fundamental right legal service india. It has five provisions articles 14 18 to provide for equality before law or for the protection of law to all the persons in india and also to prohibit. The constitution provides that all citizens are equal before the law. The right to equality before the courts and tribunals and to a fair trial is a key element of human rights protection and serves as a. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 14 permits classification, so long as it is. Fundamental rights of indian constitution in hindi. 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. Article 19 protection in the event of removal, expulsion or extradition. Harmonisation and crossfertilisation of socioeconomic. Protection of the right to seek and obtain asylum under. All human beings are born free and equal in dignity and rights.
It talks about equality before law, in public areas, public employment, abolition of untouchability and titles. It delves into rights viewed as particularly relevant to refugees. Right to equality before courts and tribunals and to a fair trial i. The right to equality is enshrined in the constitution of india. Article 15 prohibits the state from discriminating against any citizen. According to article 14, the state cannot deny equality before law and equal protection of law to any person within india. A manual on human rights for judges, prosecutors and lawyers chapter the right to equality and nondiscrimination in the administration of justice 1for more legal instruments relating to discrimination, see trainers guide, annex ii handout no.
These instances have led to a lot of mental health issues too, and a lot of suicides, one in seven travellers committing suicide. Everyone is equal before the law and has the right to equal protection and benefit of the law. 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. Equality, generally, an ideal of uniformity in treatment or status by those in a position to affect either. Article 14, article 15, and article 16 guarantees equality. Making sense of indian discrimination jurisprudence under article 15.
Right to equality, includes equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. The protection of article 14 extends both to citizens and non citizens and the natural as well as legal persons. Firstly, in predemocratic south africa, inequality and systemic discrimination were faultlines in violent conflict. The first expression equality before the law which is taken from english common law, is somewhat a negative concept. 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. Constitution which guarantees the right to equality, the constitution of united states uses. Universal declaration of human rights, article 1 introduction timatatanga the principles of nondiscrimination and equality are fundamental to human rights law. Discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified. Equality is one of the magnificent cornerstones of the indian democracy. It is the principal foundation of all other rights and. Right to equality in indian constitution iloveindia. Equality is a concept very dynamic in nature and thus interpreted in the widest form. Article 15 and 16 are incidents of guarantees of equality, and give effect. Article 15 of the indian constitution prohibit discrimination on such specific grounds as religion race, caste, sex or place of birth.
Fundamental rights are individual rights such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion and the right. Equality of opportunity in public employment and social justice. Machan equality dp5 hpequa050601 rev1 page3 the meaning of equality 3. The fundamental rights are guaranteed to protect the basic human rights of all citizens of india and are put into effect by the courts, subject to some. Right to equality before law every citizen of india is subjected to ordinary law no person is above rule of law. Proportionality and the right to equality cambridge university press. Laws inconsistent with or in derogation of the fundamental rights 6 right to equality 14. Article 14 right to equality assignment of constitution law. Child labour is considered a gross violation of the spirit and provisions of the constitution. Laws made under articles 2 and 3 to provide for the amendment of the first and the fourth. Fundamental rights and restrictions the hans india. Right of minorities to establish and administer educational institutions. This article is written by dhruv bhardwaj, a student of amity law school, delhi.
Article 15 freedom to choose an occupation and right to engage in work. Equality of opportunity in matters of public employment. It means that the state cannot discriminate any of the indian citizens on the basis of their caste, creed, colour,gender, religion or place of birth. Oup, p 7 all human beings are born free and equal in dignity and rights. Right to equality under article 14 of the constitution of. Right to equality under article 14 to 18 of the constitution of india. 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. The constitution of india guarantees the right to equality through art 14 to 18. Article 14 uses two expression equality before the law and equal protection of the law. In matters relating to employment in government service the state can only lay down specific qualifications and.
Dec 27, 2014 easy way to understand and lock it in our memory for the rest of our life. To achieve this article 14 enshrines that the state shall not deny to any person equality before the law or equal protection of the laws in the territory of india. Article 14 of the constitution guarantee the right to equality to every citizen of india. Fundamental rights articles 1418, 1922, 2324, 2528, 29. 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. 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 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 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. In this article, he covers the principles of right to equality in the indian constitution which are laid out in article 14 18. Accessory right article 2 of the udhr provides a right to nondiscrimination attaching. Article 1418 of the constitution guarantees this right to every citizen of india. The right to equality in the south african constitution by. The equality and nondiscrimination provision of the law. What are the importance of right to equality social.
The reasons why this article focuses on the right to equality are the following. The main provision of the right to equality is that it guarantees equality to everyone before the law, in terms of protection and ensures that no one is discriminated against on the basis of their caste, color, gender, race, religion etc. Altogether, article 14 lays down an important fundamental right which has to be closely and vigilantly guarded. Aristotle,politics,translatedby benjaminjowett,in britannica great books, vol. The right to equality and nondiscrimination in the. This right is conferred to the citizens through articles 14 18. In such a scenario, neither the members who decide to merge, nor the ones who stay with the original. During apartheid, south africa was described as one of most african human rights law journal 2014 14 ahrlj 609632. Even corporations which are juristic persons are also benefited by article 14.
It means no special privilege to any individual on basis of rich or poor etc ve concept. 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 forth in the convention. 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. Right to equality article 14 provides equality before law and equal protection of law. The formulation of equality clause in the south african. The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. International covenant on civil and political rights.
One such right is the right to equality which is protected under articles 14 to 18. Foremost among the fundamental rights guaranteed by the constitution of india is the right to equality. The right against exploitation, given in articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and begar forced labour, and the abolition of employment of children below the age of 14 years in dangerous jobs like factories, mines, etc. Right to equality under article 14 of the constitution of india. These are the fundamental rights of constitution of india part iii article 12 35 1. Easy way to understand and lock it in our memory for the rest of our life. All of the rights and freedoms contained in the human rights act must be protected and applied without discrimination. Right to equality is a fundamental right guaranteed by the constitution of india. Fundamental rights available to both citizens and foreigners except enemy aliens.