Equality in contemporary society: A multidimensional Analysis

Author name : Kanav Kalra a 1st year (B.A.LL.B) student from Lovely Professional University

^_Abstract

Equality is one of the most controversial and questionable topic in today’s era but it is required in every prospect of the life. Where there is no equality it is considered as a place of hopelessness where a person feels under confident biased towards the upper hand and questions himself whether he will be able to Succeed in life. Equality is more over a philosophy value related morally oriented. In today’s world one of the most infringed
fundamental right of a person is equality where everyone is not considered same. This article will explore the economic, sociological, political, psychological, and judicial aspects of equality. This article will argue Moral ideas and judicial interpretation of equality and whether equality is enforceable and an obligation for everyone.

 

Introduction

Equality means everyone is treated in a fear and just manner. No one is discriminated badly or should be given any special advantage due to its religion caste gender race and economic status. In other words equality shows that everyone on the same page and everyone should get same rights respect and opportunity in the society.
Equality is rational in nature it means equality does not mean that all are of same abilities or talents. Instead it refers to that everyone should get equal chances and opportunities to have a growth in life and to achieve success in life. The Society which follows equality Does not allow discrimination and aims to achieve justice to all its members.
In respect to that article 14 of the constitution provides the relevance to the equality that is equality before law which refers to that all persons are equal in the eyes of the law no one is considered above law even government is subject to law and cannot act unfairly and arbitrarily which ensures fairness and justice in the legal system.

 

Keywords

Equality before law, human dignity, economic equality, fair treatment, social harmony, political equality.

 

Historical background

The idea of equality has developed slowly and steadily. In the ancient times, people were treated irrationally. Systems like slavery cast system untouchables were prevalent the concentration of power were in the hands of the rich priestly classes they were having every power and privilege where on the other hand the poorest were treated as inferior, they were
excluded from the society they were considered as the working classes which used to serve the upper classes.
In the Asian Greece, philosophers like Aristotle Believed that equality should exist but only among the free citizens not slave woman’s. So Sir Clinic Similarly the earlier society accepted inequality as the passing person of the life

The modern idea of equality began to grow during the 17 th and the 18 th century where the thinkers like John Locke and Rousseeau Argued that all human beings are equal and have natural rights. In India equality became one of the most important goal during the freedom struggles from the British which was led by the freedom fighters like BR Ambedkar ,Mahatma Gandhi senior which majorly fought against social discrimination especially untouchability and caste inequality.
Later after independence the Indian constitution makers included equality as fundamental right in the part three of the constitution under article 14 to 18 ensuring dignity for all the citizens of India.

 

Political, Social, Economic, Psychological, and judicial prospect of equality

 Political equality means that every citizen has equal rights to politics a life it ensures that everyone has the right to contest in elections right to have a vote and participate in decision making processes.
This will help the country to prevent the concentration of power in the hands of we the people of India and promote fair representation.

 Social equality means that all the people in the society are treated equally without any discrimination based on caste religion gender or background. The person should be treated equally irrespective of the ideologies he Or she possesses while living in a society community or even a tribe.
It promotes social status equality, gender equality, respect and dignity for everyone. Therefore social equality helps in creating a society with peace, harmony and justice.

 Economic equality refers to that the distribution of wealth resources and opportunities should be even it should not be concentrated in the hand of rich class for whom the opportunities are easily available. Economical equality will be implemented in a correct manner if the per capita income, the opportunities and the resources are fairly distributed.
This will help in the reduction of the feeling of inferiority and sense of exclusion.

 The psychological equality refers to the emotional setup of the person where equality affects the mental and the emotional well being of the individual. If the person is
treated equally it will help the person to gain confidence feel valued in the society and he will possess the experience of belongingness.

 Judicial equality refers to the situation where all the people of the state that is the country India should be treated equally before the law and should receive equal protection by the judiciary. It can be insured if the coat follows fair trial and provides equal legal rights to the individual seeking for solution.

Research questions?

•  What major role does equality have in building a fair and Democratic society?
• To what extent does equal voting right ensure fair representation in governance?
• What impact does social inequality have on Societal harmony and psychology of the
  human?
•  Came economic equality reduce poverty and income disparities?
• To what extent do constitutional provision promote equal protection of law?

Case Analysis

 

 

• Indra Sawhney Vs Union of India 1

1. 1.  Facts: in this case the government introduced 27% of reservation for the OBC In government jobs based on Mandal Commission report first off this was challenged as been against equality under article 14 of the Indian Constitution.
       Issue: Whether the reservation for the backward class violates the principle of equality?
      Held: The Supreme Court held that equality does not mean treating everyone same special provisions are made to uplift the society both socially and economically for the backward class. Henceforth reservation is necessary for real equality. However the court limited The reservation rule to 50%. 

    

   • Nalsa vs Union of India 2014
   1. Facts: The National Legal Service Authority filed the case for the recognition of transgender person facing discrimination and social exclusion.
   2.  Issue: whether the transgender person are entitled to have equality and recognition under the constitution?
   3. Held: The Supreme Court of India recognized transgender person as a third gender and held that transgender person will be entitled to equality under section 14,15 and 21

1. • E.P Royappa Versus State of Tamil Nadu 1974 3
   • Facts: The Chief Secretary of Tamil Nadu was transferred to any another post which he claimed was arbitrary and violated his rights and equality.
     Issue: Whether the arbitrary action of the state can violate the article 14 of the constitution?
      Held: The Supreme Court of India held that equality prospect for the Chief Secretary of India was violated when the state functioned arbitrarily. Any unfair or unreasonable action of the state will be punishable under the article 14 of the Indian Constitution.

Importance of equality

In contrast to the ancient times equality in the present time is Supported on the several important grounds first from the human right perspective equality is essential for protecting the dignity of the individuals of the society so that no one is discriminated on any grounds relating to caste color and religion. In a democratic society equality ensures that every
individual is treated equally.

 Equality supports that all citizens should have equal voice in governance Through equal voting rights and participating in the decision making process. Socially equality is necessary to reduce long standing discrimination and promote the inclusion of marginalized people. Economically it helps in providing fair assess to education jobs and resources hence by reducing the poverty and promoting the overall development of the society. 

The most crucial impact of equality is on the psychological factor of the human being. Psychologically equality promotes self respect, confidence and sense of belonging while discrimination often leads to feeling of inferiority and exclusion. Judicial equality help the people to get the justice from the court if they are discriminated on the base of their ideology and the doings they possess. Does in the contemporary time equality is considered as not only a moral ideal but also a practical necessity for social stability. It also promotes justice and sustainable progress.

Ways to reduce inequality in India

1. 1. The state should strengthen the local governance so that equality can be possessed even at the grassroots level.
   2. The state should focus on improving the quality of Education both at the private and the government schools which will help the children to know the importance of equality in the society.
   3. The vocational camps should be set up which will help in expanding the training and skill building initiatives which will help in gaining employment and financial independence
   4. The online seminars and webinars should be conducted for separating awareness about the rights and the legal remedies which can empower the disadvantage groups to seek justice.

Conclusion

This studies find that equality play a foundational role in building a fair and democratic society by ensuring that every individual should get equal opportunities and are treated equally and are not discriminated on social political and economic prospects of life. Equal voting rights significantly contributes to the fair representation in the governance by allowing all citizens to have their own voice however effectiveness depends on the actual assess and awareness and freedom from the social and economic barriers. This research shows the social inequality disrupting societal harmony and negatively affecting the psychology of the individual by creating feeling of exclusion, inferiority, and insecurity. In contrast greater social equality promote belonging confidence and mutual respect. For the economic equality can help reduce poverty and income disparities by ensuring fair assess to education employment, and resources, thereby enabling upward mobility of the society. Finally constitution plays a crucial role in providing equal protection of life through legal guarantees of right and non discrimination.

References

1. 1. The Indian Kanoon,https://indiankanoon.org/doc/1363234/ 
   2. South Asian Translaw Database, https://translaw.clpr.org.in/case-law/nalsa-third-gender-identity
   3. I Pleaders, https://blog.ipleaders.in/e-p-royappa-v-state-tamil-nadu-mala-fide-abuse-discretion/ 
   4. The Indian Kanoon,https://indiankanoon.org/doc/1363234/ 
   5. South Asian Translaw Database, https://translaw.clpr.org.in/case-law/nalsa-third-gender-identity/
   6.  I Pleaders, https://blog.ipleaders.in/e-p-royappa-v-state-tamil-nadu-mala-fide-abuse-discretion/