Right to equality: The mother of Privileges

Right to equality The mother of Privileges

This article is written by ASHLEIGH ANESU MBEDZI, a student at Lovely Professional University, India. Currently studying BA LLB doing the second year. This article discusses about the importance and privileges of equality to one and all, especially as a girl who finds herself in a foreign land.

Introduction

We all need to be respected right? And respect is earned in a way that one has to treat their neighbours equally. From young to old. This is why the right to equality is fundamental and just as my topic says, the mother of privileges. Now imagine you are late to work, school, meetings and so forth and you have to catch the bus, but because there is no rule of the right to equality basically the first come, first serve rule, things will definitely go sideways. Now let us all come to terms with the fact that the right to equality is the mother of privileges.

What is equality?

According to the Oxford dictionary, equality is, “the state of being equal, especially in status, rights or opportunities. The legal definition of equality is, “equality before the law, equality under the law, equality in the eyes of the law and the principle that all people must be protected by the law.

Right to equality

The right to equality in the Indian constitution is described in Articles 14 to 18. But before going any further, it is mentioned and stated in the preamble that there are types of equality which are the following:

  • Natural
  • Social
  • Political
  • Economical
  • Civil and
  • Legal

Below l shall briefly describe each Article, from Articles 14 to 18

  • Article 14 – The state shall not deny any person equality before the law or the equal protection of laws within the territory of India, on grounds of religion, race, caste, sex or place of birth.
  • Article 15 – The state shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth or of them.
  • Article 16 – There shall be equality of opportunities for all citizens in matters relating to employment or appointment to any office under the state.
  • Article 17 – Abolition of untouchability
  • Article 18 – Abolition of titles except military and academic.

Characteristics of equality

Equality does not really mean or indicate total equality. Differences occur here and there.

  • There are no man-made equalities
  • All persons have equal freedoms and are guaranteed equal freedom.
  • It provides to all members of the society
  • All fundamental requirements are provided for and addressed, needs are met to an extent where even fantasies are met.

Equality in nature

Irregardless of the fact that people differ from characteristics to characters, equality is a glove that is the same size but worn by different hands.

Equality in society

There is a window to the development of people’s complaints to wants and needs not putting in mind the differences in sex, religion, caste, place of birth and race nor does age matter.

Equality in Politics

There are equal opportunities for everyone to be participative in any political class regardless of who they are or where they come from. This also applies to voting as it is not closed to anyone above the minority age group.

Equality in the Economy

This aims to provide a fair and effective way of means and living for all. Professor Laski mentioned that “Political equality is only real if it is accompanied by virtual economic liberty and political power.”

Equality in the law

This is described and defined as equality before the law. The is equal submission to the same legal code and an equal chance for people to have their rights and opportunities protected.

Case laws on right to equality

Maneka Candhi vs UOI, 1978 1 SC 248

The interrelations of Articles 14,19 and 21. It is no doubt these articles have been read together. If the procedure doesn’t satisfy the requirements of Article 14 then it does not fulfil Article 21.

Conclusion

Article 14 gives ensured equality for everyone withholding any discrimination. Everyone is equal before the law and does not matter their gender, caste, race, religion social status or wealth.

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