Right to life equality and human rights commission. The phrase equality before the law occurs in almost all written constitutions that guarantee fundamental rights. It is the principal foundation of all other rights and. This article assesses recent developments to determine whether we can now discern a coherent conception of the right to. 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. Right to equality in indian constitution iloveindia. 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. Many of these political questions about the right size and proper role of government are actually questions about whether a political system is a just system.
Article 2 right to life 10 article 3 prohibition of torture and inhuman and degrading treatment 14 article 4 prohibition of slavery and forced labour 17 article 5 right to liberty and security 19. Article 14 of the indian constitution clearly states that the statecountry shall not deny to any person equality before the law or the equal protection. Article 14 in the constitution of india 1949 indian kanoon. The state recognizes the role of women in nationbuilding, and shall ensure the fundamental equality before the law of women and men. 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. Gender equality and sustainable development 2 97892308 220 east 42nd street. This guide is available as a pdf file in english and welsh and as a microsoft word file also in english or welsh from. All legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives.
In other constitutions generally this right embodied in article 14. Right to equality a fundamental right legal service india. Article 1418 of the constitution guarantees this right to every citizen of india. 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. The right to equality in the south african constitution. Prohibition of discrimination on grounds of religion, race, caste, sex or place. The decision of the high court was regarded as a step toward an openminded society but then the case was taken to supreme court, in the case of suresh kumar koushal and another v naz foundation and. 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 is the first fundamental right assured to the people of india. Right to equality is an important right provided for in articles 14, 15, 16, 17 and 18 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. Each citizen of india is guaranteed the right to equality by articles 14 to 18 of the constitution. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 14 right to equality assignment of constitution law.
Article 14 provides for equality to all the people and absence of any discrimination on grounds such as sex, caste, religion etc. However, recent jurisprudence indicates that the european court of human rights has taken a more robust stand. Article 14 embodies the idea of equality expressed in preamble. Article 14 of the spanish constitution proclaims the right to equality and nondiscrimination on the grounds of sex.
Article 14 uses two expression equality before the law and equal protection of the law. The constitution of india guarantees the right to equality through article 14 to 18 of the indian constitution. All human beings are born free and equal in dignity and rights. Thus, it is imperative that every citizen of india has easy access to the courts to exercise hisher right to equality. This formula, much used by utilitarian philosophers, seems to me to form the heart of the doctrine of equality or of equal rights, and has coloured much liberal and democratic thought. Right to equality under article 14 of the constitution of. However it is not necessary for there to have been a. Equality, generally, an ideal of uniformity in treatment or status by those in a position to affect either. Mar 05, 2017 right to equality is the first fundamental right assured to the people of india. Articles 15 1 and 16 2 expand this principle further and prohibit discrimination on the basis of religion, race, caste, sex or place of birth. It curtails her religious freedom assured by article 251.
Wallace, c and shaw, j education, multiculturalism and the charter in hervey, t and kenner, j eds economic and social rights under the eu charter of. While equality before the law is a somewhat negative concept implying the absence of any special privilege in favor of any individual and the equal subjection of all classes to the ordinary law, equal protection of laws is a more positive concept employing equality of. The state shall protect and promote the right to health of the people and instill health consciousness among them. Right to equality would be covered right to equality article 14 to 18 article 14 it is the core article under right to equality. Chapter the right to equality and nondiscrimination in the administration of justice as shown by the world conference against racism in durban, south africa, in 2001, the challenge facing governments, nongovernmental organizations and civil. It embodies the general principles of equality before law and prohibits unreasonable discrimination between persons. How to add drm to a pdf file using safeguard pdf drm. Article 14 to 18 is defined equality of our countrys citizens and race, caste, sex, religion, place of birth. While these fundamental rights are universal, the constitution provides for some exceptions and. Sep 22, 2015 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 india. One such right is the right to equality which is protected under articles. Women s rights are human rights women s rights are. 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 india.
Article 2 of the human rights act protects your right to life this means that nobody, including the government, can try to end your life. The constitution of india codifies the fundamental rights the basic human rights of its citizens which are defined in part iii of the constitution. Article 15 of the constitution states that no citizen of india shall be discriminated on the basis of religion, race, caste, sex or place of birth. The equality before the law owes its origin to the english common law. Third, this article points out that the choice of the model used by each court is relevant to the ongoing discourse on the advantages and disadvantages of proportionality. A comparison between the united states and kenya michelle nyaguthi bachelor thesis politics international politics topic. Article 14 declares that the state should not deny to any person equality before the laws within the territory of india. Fundamental rights articles 1418, 1922, 2324, 2528. Equal protection of law has been given in article 14 of our indian constitution which has been taken from section 1 of the 14th amendment act of the constitution of. Acknowledgment of the right to equality often must be coerced from the advantaged by the disadvantaged. Right to equality a fundamental right legal services india. The right to equality and nondiscrimination of the lgbt. Right to equality under article 14 of the constitution of india.
Oct 20, 2017 the entry prohibition takes away the womans right against discrimination guaranteed under article 151 of the constitution. Article 14 of the constitution guarantee the right to equality to every citizen of india. Article 14 permits classification, so long as it is. Article 10 everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. The provisions regarding equality before law are included in this article article 15. A useful definition of nondiscrimination is contained in article 11 ilo 111, which provides that discrimination includes. The universal declaration of human rights udhr is a milestone document in the history of human rights.
Various articles under the right to equality are explained as follows. Therefore, the law must guarantee that no individual nor group of individuals be. Equality of opportunity was the founding creed of u. Right to equality article 1418, right to equality article 1418 the supreme court held that under article 164 the state can provide. For discussion of the eu cfrs right to education see eg g gori article 14 in peers, s et al. It also means the government should take appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by taking steps to protect you if your life is at risk. Article 14 declares that the state shall not deny to any person. Equality e v e r y man to count for one and no one to count for more than one. Article 10 of the universal declaration of human rights. Article 14 guarantees equality before law and equal protection of law to all its citizens. Universal declaration of human rights united nations. Article 14 18 of the constitution guarantees this right to every citizen of india. National efforts to secure the right to food 71 population, sustainable development and gender equality 76. Easy way to understand and lock it in our memory for the rest of our life.
Its provisions have come up for discussion in the supreme court in a number of cases and the case of ram krishna dalmia vs justice s r tendolkar reiterated its meaning and scope as follows. The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. Special treatment may mean ensuring identical treatment, or it may mean dif. It was also in violation of article 14 the right to equality, article 15 no discrimination on the basis of gender, as was stated in the decision. Article 14 of the constitution of india provides for equality before the law or equal protection of. Rightclick on your pdfs in windows file explorer and select the menu option make secure pdf. Right to equality refers to the equality in the eyes of law, discarding any unfairness on grounds of caste, race, religion, place of birth sex. The right to equality and nondiscrimination icelandic. Article 14 of the echr, prohibiting discrimination, applies only to the civil and political rights in the echr. Oct 04, 20 article 14 equality before the law equal protection of the law 4. Apr 21, 2015 constitutional act for the effective equality between men and women march 2007, spain pdf file. Equality before law the state shall not deny to any. Right to equality, includes equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.
Every person shall have equal access to public places like public parks, museums, wells, bathing ghats, etc. Proportionality and the right to equality german law. 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. The doctrine of equality is a dynamic and evolving concept. Article 2 right to life 10 article 3 prohibition of torture and inhuman and degrading treatment 14. One of the main pillars of the indian constitution is the principle of equality. Adding drm to pdf files with safeguard is more secure than adobe password security and simple. Article 14 says that state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. This article is written by dhruv bhardwaj, a student of amity law school, delhi. 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. Right to equality is not absolute but highly qualified. Drafted by representatives with different legal and cultural backgrounds from all regions. It is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. The house of representatives shall be composed of members chosen every second year by the people of the several.
As a normative concept, equality is the notion that there is some special respect in which all human beings are in fact equal descriptive but that this factual equality requires that we treat them in a special way. Second, this article categorizes two models adopted by courts in the application of proportionality in the context of the violation of the right to equality. All of the rights and freedoms contained in the human rights act must be protected and applied without discrimination. Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners.
Equality before law equality before law is well defined under the article 14 of the. Constitution of india, right to equality is provided under article 14. Public international law and human rights publish your bachelors or masters thesis, dissertation, term paper or essay. Laws inconsistent with or in derogation of the fundamental rights. Right to equality and equal protection of laws article 14 to 18. Equality is one of the magnificent cornerstones of the indian democracy. The general principle of equality and nondiscrimination is a fundamental element of international human rights law. Right at the start, in section 1, the constitution provides that the founding values of our constitution are amongst others. Fundamental rights articles 1418, 1922, 2324, 2528, 29. Labelled as a parasitic right, it only prohibits discrimination in the enjoyment of other convention rights and is regarded by the european court of human rights as having no independent existence.
At first sight, the equality guarantee in article 14 of the european convention on human rights echr appears relatively insipid. Social science module 3 fundamental rights and fundamental duties democracy at work 28 notes the law. Important constitutional and legal provisions for women in. Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. Jun 01, 2016 abstractthe equality guarantee in article 14 of the european convention on human rights and fundamental freedoms has often been regarded as an insipid right. Pdf right to equalityreasonable classification rule versus rule. Everyone has the right to seek and to enjoy in other countries asylum from persecution. It also includes equality of prospects in matters of employment, abolition of untouchability and abolition of titles. The right to equality and nondiscrimination of the lgbt community. It is one of the chief guarantees of the constitution of india.
Article 15 and 16 are incidents of guarantees of equality, and give effect. In this article, he covers the principles of right to equality in the indian constitution which are laid out in article 14 18. Constitutional act for the effective equality between men and women march 2007, spain pdf file. Constitutional validity of article 377 and right to privacy.
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