Equality the cornerstone of justice
Written By- Shalini Bishi
Introduction
Right to equality is a fundamental rights which provide by constitution under article 14 and it also provide by constitution a part of goldeb triaange which decided under the case of menaka gandhi and the honble supreme cxouet held that art, 14,19,21 constitute golden triagle.
Right to equality originated from magna carta.
Article 14
Right to equality provide 2 things that is
- The state shall not deny and person
1-Equality before law
2-Equal protection of law
article 14 apply to every person that may be a citizen of india or non citizen of india.
1- Equality before law
Equality before law originated from english law and it also a part of rule of law which is originated by edward coke. equailty before law mean all person are equal before law it does not matter the race, caste, sex, religion status etc.
Rule of law
originated by-Edward coke
popularized by- A.v Dicey
rule of law originated from - "la prinicple de legalite"
which means goverment is based on rule of law not rule of men.
in vineet narayan case court said that be you even so high , low , is above .
Rule of law devided into 2 type
1- Abscence of arbitrary power of supremacy of law.
2- equality before law
3- pre dominance of legal sprit.
Equal protection of law
Equal protection of law based on american concept which add in 14th amenment in american concept which add in 14th amenment in america, it aslo provide in article 7 UDHR. it means all person should get equal protection from the state without any mination.
Reasonble classcification and class legislation
art 14 not guarantee absolute equality it provide reasonble classification provide right to priviladge. in the case anwar ali sarkar vs state of wb (1952)
the court held that relation between diffrentia and object sought.
in Ramkrishna Dalmia vs justice tendulker and in case DS nakara v. uoi the court held that single prerson is also treated as class.
Exception of Article 14
1- president and govt not answerable in any court according to art 361.
2- police have power to arrest
3- true publication of proceeding
violation of art 14
AIR india vs Nargesh mirza
retirement age of air hostress is 35 on marriage which it is violative of article 14
mith vs state of punjab
sec 303 which provide punishment for murder by life convict is violative of artcle 14
juseph shive vs uoi(2018)
adultery under sec 497 ipc also violative of article 14
New concept regarding art 14
1- the new emerging concept that is LGBTQ where transgender consider as a 3rd category of person decided in the case .
NALSA VS UOI
and accept the same sex reletion in the case navtej singh johar vs uoi and decriminalized sedc 377 of ipc.
2- indian young lawyer association vs state of kerela it also known as subrimala case it was decided that all women are allowed for worshing during the manstrution cycle also . it describe right to workship.
Conclusion
The principle of equality is indeed the cornerstone of justice in any society. It ensures that all individuals are treated fairly and without discrimination, regardless of their background, beliefs, or status. Without equality, justice becomes elusive, as it requires a level playing field where everyone has the same rights and opportunities. Embracing equality fosters trust in the legal system, promotes social cohesion, and upholds the fundamental rights and dignity of every person. In conclusion, a just society must always strive to uphold and promote equality in all its forms.
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