The document discusses the Right to Equality under the Indian Constitution. It provides that:
1) The Constitution ensures equality before the law and equal protection of the laws, prohibiting discrimination based on religion, caste, sex or place of birth.
2) Special reservations or provisions for minorities and disadvantaged groups do not violate equality, as they ensure equal opportunity.
3) The practice of untouchability is forbidden and considered a punishable offense, as it denies individuals equal access and dignity.
2. The constitution of
India provides some
rights to every citizen
These rights are non negotiable and are
given a special status. Since they are
fundamental to our life, they are known
as
Fundamental Rights
5. Right to Equality
The Constitution says that the government shall not deny to any
person in India:
● Equality before the law
● Equal protection of the laws
The laws apply in the same manner to all, regardless of the
person’s status. This is called the rule of law
No person is above the law.
6. Rule of Law
There cannot be any distinction between a
political leader and an ordinary citizen.
● Every citizen, from the Prime Minister
to a small farmer in a remote village, is
subjected to the same laws.
● No person can legally claim any
special treatment or privilege just
because he or she happens to be an
important person
8. Rule of Law
A few years ago, a former Prime Minister of the
country faced a court case on charges of
cheating. The court finally declared that he was
not guilty. However, as long as the case
continued, he had to go to court, give
evidence, and file papers, just like any other
citizen.
PV Narasimha Rao - His government allegedly
bribed several parliamentarians across parties
to defeat a no-confidence motion.
9. Notes
1. Explain the Rule of Law.
- The rule of law means that all laws apply equally to all persons in the
country regardless of status.
- The government cannot deny any citizen equality before the law or
the equal protection of the laws. (no distinction between political
leaders and the common man)
- No person is above the law.
- No person can legally claim any special treatment or privilege
(regardless of how esteemed their position is)
10. Prohibition of Discrimination
● The government shall not discriminate against any citizen
based on religion, race, caste, sex, or place of birth. Every
citizen shall have access to public places, including shops,
restaurants, hotels, and cinema halls.
● There shall be no restrictions on the use of wells, tanks,
bathing ghats, roads, playgrounds, and public resorts
maintained by the government or dedicated to the use of the
general public.
13. Notes
2. How does the Constitution address discrimination?
(The Constitution addresses discrimination in the following ways)
- It ensures the Right to Equality, preventing discrimination against any citizen.
- Discrimination based on religion, race, caste, sex, or place of birth is explicitly
prohibited.
- Equal access to public places like shops, restaurants, and public resources is
guaranteed.
14. Equal Opportunities for Employment
● All citizens have equal opportunities in matters related to
employment or appointment to any position in the government.
● No citizen shall be discriminated against or made ineligible for
employment on the basis of religion, race, caste, sex, or place
of birth.
16. Equality of Opportunity
India provides reservations and schemes for:
- Scheduled Castes
- Scheduled Tribes
- Other Backward Classes
- Women
- Poor individuals
- Physically handicapped individuals
Question: Are these reservations against the right to equality?
20. Notes
3. Special reservations or provisions for minorities and disadvantaged groups are not
a violation of right to equality. Justify
The constitution clarifies that that reservations of this kind are not a violation of the Right
to Equality because:
- Equality means giving everyone an equal opportunity to achieve whatever one is
capable of.
- Sometimes it is necessary to give special treatment to someone to ensure equal
opportunity.
- Therefore disadvantaged groups are given the resources necessary for them to
receive equal opportunity as the majority.
21. Abolition of untouchability
● The practice of untouchability has been forbidden in any form.
● Untouchability here does not only mean refusal to touch people
belonging to certain castes.It refers to any belief or social
practice which looks down upon people on account of their
birth with certain caste labels.
● Such practice denies them interaction with others or access
to public places as equal citizens.
● So the Constitution made untouchability a punishable
offense.
24. Notes
4. How does the Constitution address the practice of untouchability, and why is it
considered a punishable offense?
- The Constitution explicitly prohibits untouchability including any social practice that
looks down on individuals based on their caste labels.
- Such practices deny the affected individuals equal access to public places and
interactions.
- The Constitution designates untouchability as a punishable offense and instructs
the government to eliminate all forms of untouchability.
- It is considered a punishable offence as it violates basic human rights and dignity
of individuals.
28. Notes
5. Explain the right to equality
- Equality before the law and equal protection of the laws
- Prohibition of discrimination
- Equal opportunity for employment
- Abolition of untouchabilities