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Trending: Call for Papers Volume 5 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

RIGHT TO EQUALITY AND DIGNITY UNDER ARTICLE 14 OF THE CONSTITUTION OF INDIA – Suraksha Rai & Dr. Achyutananda Mishra

Abstract

Article 14 of the Indian Constitution determines the right of equality before law and offers protection of equal laws for every human being. Such a provision becomes crucial in instilling an infrastructural foundation in Indian society through justice and equality, which implies that each citizen, irrespective of his or her heritage, receives equivalent treatment according to the law of the land. The article reads,”The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”[1]Article 14 is a cornerstone of justice and human dignity in India by entrenching the right to equality before the law and equal protection of the laws for all people. This clause prohibits discrimination not just by stating all persons are amenable to like legal rules, but also demands that like individuals in like cases be treated equally, also allows room for reasonable distinction to further ensure substantive equality. The background in history of Article 14 exemplifies India’s commitment to undoing social unfairness resulting from caste, sex, and wealth disparities and that the law remains equally applicable across different people. Judicial precedents have further established the significance through milestone judgments which have established that differential treatment of equals or treatment of unequals on an equal basis amounts to a violation of this article, thus safeguarding human dignity. Article 14 also overlaps with other basic rights, including Articles 15 and 16, which ban discrimination and promote equal opportunities, resulting in a detailed framework designed to promote human dignity. Through these varied implications, Article 14 plays a crucial role in promoting equality and safeguarding the rights of marginalized groups in India. Through an analysis of milestone Supreme Court decisions, statistical data, and cases of discrimination, this article brings to the fore the pivotal role of Article 14 in promoting equality and safeguarding the dignity of marginalized groups in India.

Introduction

Human dignity is a basic principle which identifies the intrinsic value and dignity which all human beings are entitled simply because they are human beings, regardless of their social, economic, or cultural standing. It stresses the right of all individuals to maintain a life free from indignity, exploitation, and injustice, with each person being treated in honor, dignity, and equality. The significance of equality in human rights is central because it ensures that every individual has a right to the same rights, freedoms, and opportunities without distinction on grounds such as race, gender, caste, religion, or nationality. Equality guarantees that no one should be treated differently or deprived of their fundamental rights and freedoms based on arbitrary grounds, thereby ensuring fairness, justice, and social harmony. The concept of equality is central to a just society, as it prevents the marginalization of certain groups and ensures equal protection under the law.[2]

Article 14[3] of the Constitution of India reflects the ideals of human dignity and equality by assuring the right to equality before the law and equal protection of the laws.[4] It is perhaps one of the most vital provisions in India’s legal system, requiring that all persons, regardless of their origin, are subject to equal treatment under the law while protecting them from any type of arbitrary discrimination or unequal treatment. [5] Article 14 establishes two main elements, the right to be treated equally before the law, preventing anyone from being above the law, and the right to equal protection, preventing laws from being applied unjustly and discriminatorily. Through article 14, the Indian Constitution aims to do away with inequalities and provide justice to all citizens, upholding the nation’s promise to respect the dignity and equality of its citizens. Essentially, human equality and dignity are essential to the safeguard of human rights. The provisions of Article 14 of the Indian Constitution establish the necessary legal framework to maintain these principles so that each individual is treated fairly, valued, and respected within society. In inscribing these rights in its Constitution, India is guaranteeing its commitment to a just society in which all human beings can flourish free from discrimination and injustice.

[1] Article 14 ,Indian Constitution.

[2]Jack Donnelly,Human Rights as Natural Rights,Human Rights Quarterly, Vol. 4, No. 3 (Summer, 1982), pp. 391-405.

[3]Article 14:”14. Equality before the law: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

[4]Dr. P.K.Agraawal,Constitution of India ,BARE Act.

[5]Christopher McCrudden, Human Dignity and Judicial Interpretation of Human Rights, 19 EUR. J. INT’l L. 655 (September 2008.Payel Rai Chowdhury, Judicial Activism and Human Rights in India: A Critical Appraisal, 15 INT’l J. HUM. RTS. 1055 (October 2011).