By Sahil Razvii | Thriveglobal.Com
The provisions of Articles 14 to 18 in Part-3 of the Indian Constitution have been described under the Right to Equality. The articles mentioned under the Right to Equality are as follows-
Article 14: Denies any person equality before the law or the equal protection of laws within the territory of India. This right applies to every person whether he is a citizen or a foreigner. In addition, the word ‘person’ includes statutory corporations, companies, registered societies or any other kind of legal person.
Article 15: It provides that the State shall not discriminate against any citizen merely on grounds of religion, race, caste, sex or place of birth.
The second provision of Article 15 states that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of the following- (a) enter shops, public restaurants, hotels and places of public entertainment, or (b) (ii) wells, tanks, bathing ghats maintained wholly or partly out of State funds or dedicated for the use of the general public, shall not be subject to liability, restriction or condition. This provision prohibits discrimination against both the state and the individual, whereas the earlier provision described prohibition against the state only.
Article 16: There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Article 17: Prohibits the abolition of untouchability and its practice in any form.
Article 18: Abolition of all titles (except military and academic honors)
main cause of discrimination
Prejudice is the main reason for discrimination in any country including India. Prejudice refers to those feelings accumulated in a person due to which he has positive and negative attitude towards any person or group. In general, during social development, prejudice is formed in the mind on the basis of the circumstances in which a person lives.
A person affected by prejudice, being ignorant of the reality, starts acting discriminatory towards particular groups and people.
Problems arising from prejudice
Discrimination against women in a patriarchal society creates inferiority complex in their mind. Due to this women are left behind in social development and there are social crimes like sexual violence, domestic violence against them.
Similarly, prejudice is a major cause of racial discrimination. This racial discrimination is also at the root of the genocide of Jews by the Nazis in Germany before World War II and the ill-treatment of blacks in America.
Discrimination on the basis of caste has been a big problem in our country. At the root of caste based discrimination and exploitation, it is the mindset of prejudice that works.
Similarly, at the root of the problem of communalism, the feeling of prejudice against people of other religions works.
Existing law in India against discrimination
Protection of Civil Rights Act, 1955: Through this law, there is a provision to punish those who practice untouchability in any form. The Untouchability (Offences) Act, 1955 was enacted in the year 1955. This Act came into effect from June 1, 1955, but on the basis of the recommendations of the Ilayaperumal Committee constituted in April 1965, extensive amendments were made to it in 1976 and renamed as the Protection of Civil Rights Act, 1955 (Protection of Civil Rights Act, 1955). was given.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: It seeks, inter alia, to prevent crimes against people belonging to Scheduled Castes and Scheduled Tribes, There is an Act to provide for the establishment of special courts for the prosecution of such offenses and for the grant of relief and rehabilitation of the victims of such offences.
Maternity Benefit Act, 1961: This act protects the employment of a woman at the time of motherhood and entitles her to maternity benefits, i.e., to allow her to be absent from work with full payment for the care of her child. Is. This Act applies to all establishments employing 10 or more persons. In the year 2017, amendments were made to this act. Under this, the facility of maternity benefit to working women for two children has been increased from 12 weeks to 26 weeks and for more than two children to 12 weeks.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Sexual Harassment in Guarantee of Gender Equality under Articles 14, 15 and 21 of the Constitution The right to work with safety and dignity. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 enshrines the constitutional right as a citizen to pursue any occupation or work in an equal, safe and secure environment.
Why the need for a new law?
The use of derogatory words for the people of the northeastern states is common in the Hindi speaking areas of the country, especially in Delhi. It becomes even more serious when such racist behavior was also done with Lal Thanhawla, former Chief Minister of Mizoram and international boxer Shiv Thapa from Assam.
Nido Tania, a student from Arunachal Pradesh in Delhi, died after being lynched by some people with a racist mindset.
There is also a special kind of attraction in our society regarding the Gaur Varna. The matrimonial advertisements of newspapers are seen only searching for beautiful Gaur Varna girl.
TV. But cosmetics advertisements go a step further. He has directly linked white complexion with success. As soon as the dark complexioned girl uses their product in their advertisements, she is seen achieving her goal in the very next scene.
Be it the treatment of people of Bihar and Uttar Pradesh in Mumbai or jokes made on Sardars in the name of Santa-Banta, all have more or less apartheid mentality.
India is the country of Mahatma Gandhi, who launched a movement against racial hatred in South Africa due to the insults on the basis of color. In India, people of the Dravidian, Mongol, Aryan races have lived together for centuries. Discrimination on the basis of colour, region, race, dress etc tarnishes India’s sense of unity in diversity. This strikes at the spirit of equality enshrined in the Constitution. In such a situation, India needs to prepare a comprehensive action plan against discrimination and get the Equality Bill passed by the Parliament which will be able to address any form of discrimination.