Article 14 of the constitution of india provides for equality before the law or equal protection of the laws within the territory of india. May 03, 2018 article 14 right to equality the constitution of india codifies the fundamental rights the basic human rights of its citizens which are defined in part iii of the constitution. Right to equality foremost among the fundamental rights guaranteed by the constitution of india is the right to equality. The constitution of the democratic socialist republic of. Hart suggests mutuality of restrictions as a moral basis because it is fair to mutually restrict the freedom of both beneficiaries and cooperators. Article 1418 of the constitution guarantees this right to every citizen of india. The supreme court has reiterated that the constitution. Equality before the law, the prohibition of discrimination, equality. Human lives we would like to express our thanks to the ministry of justice for producing the original human rights. The principle of fairness holds that individuals beneficiaries who benefit from a cooperative scheme of others cooperators have an obligation to do their share in return for their benefit. Article 16 equality of opportunity in public employment specific application 4. Corporations being juristic persons are also entitled to the benefit of ar. The supreme court in national council for teacher education versus shri shyam shiksha prashikshan sansthan has reiterated the concept of right to equality as enshrined in our constitution.
Article 14 of the constitution is part of the fundamental rights under part iii of the indian constitution and it is regarded as one of the most important articles of the constitution. Laws inconsistent with or in derogation of the fundamental rights. However, recent jurisprudence indicates that the european court of human rights has taken a more robust stand. Right to equality is the first fundamental right assured to the people of india. Article 14 rights to life, the security of person and liberty. Right to equality under article 14 of the constitution of india. Article 14 declares that the state should not deny to any person equality before the laws within the territory of india. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent. Every person is entitled to freedom of thought, conscience and religion, including the.
The constitution of india guarantees the right to equality through art 14 to 18. The violation of rights of women and girls global campaign for education february 2012 a report submitted to the. Article 14 it is the core article under right to equality article 14 states that the state shall not deny to any person equality before the law or the equal protection of laws within the territory of. Pdf right to equalityreasonable classification rule versus rule. Right to equality right to equality is guaranteed by the constitution arts. Introduction to six fundamental rights articles 12 to 35 under this section, we list the fundamental rights in india and briefly describe each of them.
While these fundamental rights are universal, the constitution provides for some exceptions and. Right to equality a fundamental right legal service india. The committee notes that article 14 of the covenant is of a complex nature and that different aspects of its provisions will need specific comments. The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles such as sir, rai bahadur, etc.
Article 14 of the constitution of india provides for equality before the law or equal protection of. What international human rights law says about female genital mutilation. Mar 05, 2017 right to equality is the first fundamental right assured to the people of india. Women s rights are human rights women s rights are. Article 14 provides for equality to all the people and absence of any discrimination on grounds such as sex, caste, religion etc. Article 14 commands the state not to deny to any person equality before the law or the equal protection of the laws. Right to equality article 14 18, right to equality article 14 18 the supreme court held that under article 164 the state can provide. The relevant portions of the majority judgments are reproduced hereunder. This chapter concerns the guarantee of the right to equality under article 14 of the indian constitution. The concept of equality before law is taken from the english constitution and the concept of equal protection of laws is borrowed. In the series of constitutional provisions from article 14 to 18, art 14 is the most significant. The evolving human right to equality the evolving human right to equality morawa, alexander h. Pdf article14 of indian constitutiona analysiseshan pandit ba.
Constitution of india list of all articles 95, pdf. Article 15 prohibition of discrimination against citizens specific application 3. The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. Which law is void in india and how article part 2 in hindi. It states that the state shall not deny to any person a right to. This article states that the law of the country equally protects all the people of the country. International covenant on civil and political rights adopted and opened for signature, ratification and accession by general assembly resolution 2200a xxi of 16 december 1966, entry into force 23 march 1976, in accordance with article 49 preamble the states parties to the present covenant. Situations not covered by art15 to 18, the general principle of equality is embodied in art14 is attracted whenever discrimination is alleged.
Pdf on jul 7, 2019, udai raj rai and others published right to equality reasonable classification. Right to equality under article 14 of the constitution of. Article 16 equality of opportunity in matters of public employment. Fundamental rights articles 1418, 1922, 2324, 2528. Article 14 right to equality assignment of constitution law. Pdf on jul 7, 2019, udai raj rai and others published right to equalityreasonable classification.
Constitution of the federal democratic republic of ethiopia. The state shall not deny to any person equality before the law or the equal. The evolving human right to equality, european yearbook of. Child labour is considered a gross violation of the spirit and provisions of the constitution. Right to equality articles 14 18 right to equality guarantees equal rights for everyone irrespective of religion, gender, caste, race or place of birth. The right against exploitation, given in articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and begar forced labour, and the abolition of employment of children below the age of 14 years in dangerous jobs like factories, mines, etc. What international human rights law says about female. This guide is available as a pdf file in english and welsh and as a microsoft word file also in english or welsh from. Right to equality is not absolute but highly qualified.
Article 14 forbids class legislation but permits reasonable classification provided that it is founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and the differentia has a rational nexus to the object sought to be achieved by the legislation in question. Right to equality would be covered right to equality article 14 to 18 article 14 it is the core article under right to equality. Right to equality means the absence of legal discrimination against any one individual, group, class or race. The federal democratic republic of ethiopia shall have a parliamentarian form of government.
Article 15 and 16 are incidents of guarantees of equality, and give effect. According to article 14, it is an obligation to the state to not deny to any person equality before the law or equal protection of laws within the territory of india. In other constitutions generally this right embodied in article 14. Equality, generally, an ideal of uniformity in treatment or status by those in a position to affect either. All of the rights and freedoms contained in the human rights act must be protected and applied without discrimination. One such right is the right to equality which is protected under articles 14 to 18. Fundamental rights of indian constitution in hindi. Right to equality is not absolute but highly qualified under. Right to equality article 14 18, right to equality article 14 18 the supreme court held that under article 164 the state can provide reservation only at the entry level at the time of recruitment. It has five provisions articles 14 18 to provide for equality before law or for the protection of law to all the persons in india and also to prohibit.
In earlier times certain classes possessed special privileges or were judged by special law. Article 14 embodies the general principles of equality before law and prohibits unreasonable discrimination between persons introduction 2. The concept of equality before law is taken from the english constitution and the. The constitution not only grants equality to women, but.
Right to equality is one of the six fundamental rights in the indian constitution given under article 14. Fundamental rights are individual rights such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion and the right. These fundamental rights can only be changed by amending the constitution. A preamble is an introductory and explanatory statement in a document that explains the documents purpose and underlying philosophy. The gender equality and womens human rights in islamic texts quran and hadith research pdf available april 2015 with 23,518 reads how we measure reads. Declaration of principles on equality 2008 the equal rights trust 5 declaration of principles on equality part i equality 1 the right to equality the right to equality is the right of all human beings to be equal in dignity, to be treated with respect and consideration and to participate on an equal basis with others in any area of eco. The constitution of india guarantees the right to equality through article 14 to 18 of the indian constitution. Article 15 prohibition of discrimination on the grounds of religion, race, caste, sex. Dec 27, 2014 easy way to understand and lock it in our memory for the rest of our life. Article 14 equality before law and equal protection of laws general principle 2. Feb 27, 2015 fundamental rights are individual rights such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion and the right to constitutional remedies. Everyone has the right to seek and to enjoy in other countries asylum from persecution. Article 14 article 14 right to equality right to equality.
Article 14 combines the english doctrine of the rule of law with equal protection of. Right to equality and the indian supreme court equality provisions right to equality, guaranteed in the indian constitution, is covered by its articles 14 to 18. Equality of opportunity was the founding creed of u. It held that articles 14, 15, and 16 are all equality rights, and that the scheme of equality sought to achieve real equality. It was held that articles 154 and article 164 are not exceptions to articles 151 and 161 respectively. The purpose of this research is to identify the general principle of right to equality the word right to equality need no explanation because it tell its meaning itself. Articles 14 18 constitute the right to equality in india. It states that the state shall not deny to any person a right to equality before the law. The enjoyment of the rights and freedoms set forth in the european convention on human rights and the human rights act shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Pprroovviissiioonnss iinn iinnddiiaann ccoonnssttiittuuttiioonn aarrttiiccllee 1144eeqquuaalliittyy bbeeffoorree llaaww aarrttiiccllee 1155 pprroohhiibbiittiioonn ooff ddiissccrriimmiinnaattiioonn oonn ggrroouunnddss ooff rreelliiggiioonn, rraaccee, ccaassttee, sseexx oorr ppllaaccee ooff bbiirrtthh aarrttiiccllee 1166. It covers equality before law and equal protection of laws hindi fundamental rights under constitution of india. Equality is one of the magnificent cornerstones of the indian democracy.
Jun 02, 2016 the equality guarantee in article 14 of the european convention on human rights and fundamental freedoms has often been regarded as an insipid right. Article 15 prohibits the state from discriminating against any citizen. Important constitutional and legal provisions for women in india the principle of gender equality is enshrined in the indian constitution in its preamble, fundamental rights, fundamental duties and directive principles. Article 14 18 of the constitution guarantees this right to every citizen of india. Right, equality, and the fairness obligation springerlink. The right to equality and nondiscrimination icelandic. Hindi fundamental rights under constitution of india by. Fundamental rights articles 1418, 1922, 2324, 2528, 29. These are the fundamental rights of constitution of india part iii article 12 35 1. While article 14 guarantees the general right, articles 15 and 16 are instances of the same right in favour of citizens in some special circumstances. Tripathi in his telang lectures on right to equality attempted a more.
Social science module 3 fundamental rights and fundamental duties democracy at work 28 notes the law. Sri lanka ceylon is a free, sovereign, independent and democratic socialist republic and. Easy way to understand and lock it in our memory for the rest of our life. Introduction the purpose of this essay is to analyze developments of the concrete meaning of equality and nondiscrimination within the various general as opposed to highly specialized or supranational systems of human rights protection in recent years. Pdf the gender equality and womens human rights in islamic. Acknowledgment of the right to equality often must be coerced from the advantaged by the disadvantaged. The main provision of the right to equality is that it guarantees equality to everyone before the law, in terms of protection and ensures that no one is discriminated against on the basis of their caste, color, gender, race, religion etc. Right to equality is not absolute but highly qualified under the constitution of india advocate arjun supreme court of india, photographed about 170 metres from the main building outside the perimeter wall pix wikipedialegaleagle86. This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the united nations.
It explores the two doctrines that have evolved to test the constitutionality of a measure when faced with an article 14 challenge. The equality and nondiscrimination provision detailed consideration of a number of elements of equality rights and the application of the relevant treaties in giving effect to these rights. As such article 14 was considered generally a negative right of an individual not to be discriminated in access to. As per the constitution of india, all the citizens are equal and have the same fundamental rights.
Article 14 prohibition of discrimination 53 protocol 1, article 1. Equality before law for women article 14 ii the state not to. Article 14 right to equality the constitution of india codifies the fundamental rights the basic human rights of its citizens which are defined in part iii of the constitution. Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that each independent being must be treated equally by the law principle of isonomy and that all are subject to the same laws of justice due process. Equality before the courts and the right to a fair and public hearing by an independent court established by law article 14 twentyfirst session, 1984 1. It is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. Article 14 embodies the idea of equality as expressed in the preamble. International covenant on civil and political rights. It is an important part of fundamental rights, articles 14 18.
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