Right to Equality is a fundamental right in Indian Constitution. Article 14 to 18 of Indian Constitution deals with the Right to Equality. Equality before law and Equal protection of Law are the two parts under Right to Equality of Article 14.
Providing the stools which are same height to a short and tall man in a sports event is an unjust blunder. The competition should be either held separately based on height criteria or stools should be facilitated based on essential height so that everyone can take part fully. And thus is the nature of Equal protection of Law.
The highly debated concept of ‘Reservation system’ in India is one among the measures under Equal protection of Law. Bringing in, an under privileged to the mainstream of society will not make them empowered. A Child takes the help of wall or parental fingers when standing for the first time. The wall or a finger to hold on abstains the child from falling down and losing the confidence to stand still. And so In India, ‘Affirmative Actions’ came in as a confidence booster to the marginalised communities.
Right to Equality of the Constitution is not absolute. The concept of absolute equality is negative. The absolute equality bars the privileges to any. But India being a Union of States possess varied culture, religion, caste, creed and attire and so seeking equality in thy terms is tedious. Each region, religion, caste and creed follow their own food habits, lifestyle and dressing.
India has a history of struggle, chaos, discrimination, communal violence and caste conflict. The answer and solution to all these chaos was foreseen by the Constitution framers. Learning from the past and foreseeing a bright and undisputed India, Constitution was adopted as a Messiah. Being citizens, essentiality of understanding the Constitutional values become most important in the times of rapid spread of communal wildfire.
Image by Matthias Wewering