Equality

Equality means the same treatment of all people within a society. It is a fundamental concept in politics, and its definition can vary depending on context. Ultimately, though, equality involves ensuring that every person is treated equally under the law and that everyone has an equal chance of achieving their full potential in life.

Equality is the state of being equal or having an equal amount. The concept of equality can be applied to many different areas of life, including economic status and opportunity, political rights and freedoms, education access and outcomes, employment opportunities, gender and race relations and other social barriers. Generally speaking, society is considered more equitable when citizens have an equal opportunity to succeed in life.

Right to Equality

Equality is a fundamental principle of the Constitution that has been enshrined as a Directive Principle of State Policy under Part IV and as a Fundamental Right under Part III of the Constitution. It has been one of the most valued goals in India’s democratic framework.

The Constitution provides equality to all individuals irrespective of caste, colour, creed or religion. The term ‘equality’ is used in different contexts, and its meaning differs from place to place and from time to time. In the context of the Indian Constitution, it means equal opportunity for all citizens and equal treatment for all under the law.

The following kinds of equality are highlighted in the Indian Constitution:

• Equality before law
• Equal protection of the law
• Equality within the territorial jurisdiction
• Equality in public employment
• Right against discrimination on grounds only of religion, race, caste, sex or place of birth
• Right to equality in matters relating to taxations
• Equality of opportunity
• Protection against hostile discrimination in public places such as hotels, restaurants, etc., based on religion, race, caste, sex or place of birth
• Freedom from arrests and detention under certain cases (as per Article 22)

Articles 15-18

As per the Constitution, every citizen has an equal right to enjoy the rights and privileges conferred by the State. No discrimination should be made on grounds only of caste, religion, gender, place of birth, etc.

Article 15 prohibits discrimination against any citizen on grounds only of sex, race, caste, religion, place of birth, or any of them. No citizen can be subjected to disability, liability, restriction, or condition concerning access to shops, public restaurants, hotels, places of public entertainment, wells, tanks, bathing ghats, roads and other places owned by the State or meant for public use.

Article 16 confers equal opportunity for all citizens in employment or appointment in government service under the State. No citizen can be discriminated against in recruitment for public services based on religion, race, descent, place of birth or residence.

Article 17 abolishes ‘untouchability’. The enforcement of any disability arising out of untouchability is an offence punishable by law.

Article 18 prohibits titles except military and academic. It prohibits accepting titles from foreign states. Awards like Padma Shri, Padma Vibhushan, Param Veer Chakra, etc., are excluded from this law.

Exceptions to Right to Equality

Following are some of the exceptions to the right to equality:

1. Article 15 (4): This permits the State to make special provisions for women and children. For example, specific posts in Government service can be reserved for women only. This is done to uplift their status in society.
2. Article 16 (4): The State can make reservations for any backward classes of citizens who are not adequately represented in the services under the State. This is done to give them adequate representation in services under the State. This was held to be valid by the Supreme Court in the Indira Sawhney vs Union of India case (1992).
3. Under Article 15(5) of the Constitution, a state can make special provisions for socially and educationally backward classes or for Scheduled Castes (SCs) and Scheduled Tribes (STs).

What is Gender Equality?

Gender equality is the view that women and men are equal in status, rights and opportunities.

Gender equality is a fundamental human right. It is also a precondition for an indicator of sustainable people-centred economic growth. It contributes to progress in many other areas, including poverty reduction, education, health, environment, and peace and security.

Gender Disparity in India

Concepts of male and female are deeply ingrained in a country’s culture. Unfortunately, this has resulted in gender disparity forcing women to live a life of inferiority. Gender inequality is the biggest social problem in India today. The irony is that while India considers itself a great civilisation, it is yet to overcome the prejudices against women.

Gender disparity prevails on various fronts like employment, education, etc. According to the World Bank’s Gender Data Portal, the female labour force participation rate is 25% (2018) compared to males at 81%. Similarly, according to census 2011 data, only 35% of females are literate compared to 78% males. This shows the growing discrimination between males and females from birth itself.

As per Global Gender Gap Report, India stands at 140 out of 156 countries with a score of 0.625 out of 1.

Actions Taken to Overcome Gender Inequality in India

Gender inequality in India remains a significant hurdle in the path of progress and social development. At the same time, there is evidence of certain positive developments that suggest that India has made some progress towards removing gender disparity in recent years. The Government of India has taken steps to improve the situation of women and provide them with equal opportunities. There are several schemes for women in India that aim at improving their condition and providing them with equal opportunities.

Some of the schemes include –

• Beti Bachao Beti Padhao Yojana
• Pradhan Mantri Matritva Vandana Yojana
• Sukanya Samriddhi Yojana
• Rashtriya Mahila Kosh Scheme
• Ujjwala Scheme

Conclusion

The Indian Constitution has included a specific chapter on Fundamental Rights. The Preamble of the Constitution declares that we, the people of India, have solemnly resolved to constitute India into a sovereign democratic republic and secure justice, liberty, and equality for all its citizens. Hence, our solemn duty is to ensure and uphold this security for everyone equally.