Fundamental Rights-Right To Equality

The Indian Constitution has assured a few fundamental rights to all citizens of India regardless of their birthplace, religion, caste, race, and gender. One of the major right is the right to equality. These rights offered to all citizens are known as fundamental rights and are justifiable. Doctor BR Ambedkar, the father of the constitution, referred to these fundamental rights as the citizen part of the constitution. These fundamental rights are considered a vital part of the constitution and preserve and preserve and protect the rights and freedom of the citizens of India against any misuse or interference by the government or with the power assigned to them in the democracy. The fundamental rights are guaranteed under part 3, articles 12 to 35 of the Indian Constitution.

What is the right to equality? 

India is a democratic country, and for democracy to be maintained, all individuals should be treated equally without discrimination. India is a secular country with people from various states, religions and cultures living together. According to the constitution, all citizens of India are to be treated equally in front of the law. Everyone must have the same rights and should be treated the same before the law. 

The makers of the Constitution created such a provision to ensure that all citizens of India are treated equally, remove the current social and economic inequalities, and allow all the different communities in the country to relish the rights of equality. This right was created to remove all inequalities based on casteism, religion, untouchability, social norms, race discrimination, and other age-old traditions practised in different places of India. The right to equality is considered a fundamental characteristic of the Indian Constitution. It has a negative and a positive impact. It says that anyone living within India has equal rights before the law and will not discriminate. If an Indian citizen asks for protection within Indian territory, they cannot be denied protection. The articles from 14-18 of India’s Constitution offers the Right to Equality.

Article 14

This states that the person’s equality should not be denied by the state prior to the law or that in Indian territory, the laws should be protected equally. 

This section is both positive and negative. Providing equality before the law is harmful as it implies any special privilege depending on religion, birth, colour, sex, or the like, whereas equal protection of rules is a more positive concept meaning the right of treatment in similar situations.

Article 15 

Article 15 prevents discrimination based on religion, birth, race, caste, or sex.

• Sub-clause (1) says that the State should not discriminate on the grounds mentioned above.
• Sub-clause (2) says that no citizen on the grounds mentioned above is subject to any disability, liability, restriction, or condition regarding public places such as restaurants, shops, etc.
• Sub-clause (3) gives power to the State to make provisions for women and children.
• Sub-clause (4) gives the State to create special provisions for people belonging to Scheduled Castes and Scheduled Tribes.
• Sub-clause (5) allows reservation for socially and educationally backward classes in State or State-aided educational institutions subject to excluding the “creamy layer” from OBCs.

Article 16 

Article 16 speaks about equality of opportunities in matters of public employment.

• Sub-clause (1) says that all citizens must have equal employment or appointment to any office under the State. The term “in matters relating to employment or appointment” denotes all matters about work both prior and after the employment, which is incidental to the job and forms a part of the Terms and conditions of the profession. The crux of equality of opportunity is not just the maintenance of legal equality but on the presence of abilities and chances of excellence in each cadre or grade. Therefore, all persons located similarly must be treated in the same manner.
• Sub-clause (2) states that no citizen, on the basis of sex, religion, place of birth, race, caste, descent, be ineligible in any office under the State. This provision is only applicable to public employment.
•  Sub-clause (3) empowers the Parliament to make rules regarding employment classes or appointments to an office.

Conclusion

Fundamental rights were created for the benefit of all citizens in India. Many minorities and many people do not even get fundamental human rights in India. These rights should be known by everyone so that the Indian Constitution is understood. These basic rights were created so that everyone has an equal opportunity in front of the law.