Right to Equality
The situations described involve clear instances of discrimination, one based on caste and the other on gender. Such discrimination is not justified and goes against the principles of equality enshrined in the Constitution.
The right to equality ensures equal access to public places like shops, hotels, entertainment venues, and places of worship, without discrimination based on religion, race, caste, sex, or place of birth. It also prohibits discrimination in public employment on these grounds. This right is crucial in addressing historical inequalities in society.
The abolition of untouchability and the prohibition of conferring titles based on anything other than excellence in military or academic fields are further manifestations of the right to equality. These provisions aim to establish a sense of equality of dignity and status among all citizens.
The Preamble to our Constitution mentions two aspects of equality: equality of status and equality of opportunity. Equality of opportunity means that all sections of society have equal opportunities. However, in a society with various social inequalities, equal opportunity may require special measures to improve the conditions of certain sections, such as children, women, and socially and educationally backward classes. Reservations in jobs and admissions, as provided for in Article 16(4) of the Constitution, are not violations of the right to equality but are necessary for fulfilling the right to equality of opportunity.
Class 11 Polity Chapter 1: Right to Equality
Consider two scenarios: one where a tea shop serves different cups to individuals based on their caste, and another where female newsreaders are barred from presenting news due to their age while their male counterparts face no such restriction.
These instances highlight clear cases of discrimination based on caste and gender, respectively. Such discrimination violates the fundamental right to equality enshrined in the Indian Constitution.