Simone Lawson
Marginalization is a pervasive issue that affects many groups in society, including minorities, Adivasis, Dalits, Muslims, women, and LGBTQ+ individuals. While the Indian Constitution promises equality and fundamental rights to all its citizens, marginalized groups often face discrimination and lack equal access to opportunities and justice. To address this, the Constitution contains provisions such as Article 14, which guarantees equality before the law, Article 15, which prohibits discrimination based on religion, race, caste, sex, or place of birth, and Article 16, which ensures equality of opportunity in public employment. These articles aim to protect the rights of marginalized communities and promote social justice. However, the reality often falls short, and marginalized groups continue to face challenges in asserting their rights and achieving equal treatment.
| Characteristics | Values |
|---|---|
| Equality before the law | Article 14 |
| Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth | Article 15 |
| Equality of opportunity in matters of public employment | Article 16 |
| Abolition of untouchability | Article 17 |
| Right to Constitutional Remedies | Article 32 |
| Right to Equality | Fundamental Right |
| Right to Freedom | Fundamental Right |
Explore related products
$22.29 $31.5
$47.31 $54.99
What You'll Learn
Equality before the law
Marginalisation affects the constitution's promise of equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism. This principle asserts that all people must be equally protected by the law and that no individual or group should be privileged over others. It requires a systematic rule of law that observes due process to provide equal justice.
Despite constitutional guarantees, marginalised groups in India, such as minorities, Adivasis, Dalits, Muslims, and women, continue to face inequality. They argue for equal rights and look to the Indian Constitution, which promises equality for all its citizens. The Constitution includes provisions like the abolition of untouchability (Article 17) and the prohibition of discrimination based on religion, race, caste, sex, or place of birth (Article 15). However, the reality often falls short of these ideals, and marginalised groups face challenges in accessing their fundamental rights.
To address this disparity, the Indian government has implemented specific schemes and laws. For example, they provide subsidised or free hostels for Dalit students to promote educational opportunities. Additionally, the reservation policy aims to end inequality, although it remains a contentious issue. These initiatives reflect an ongoing struggle to translate constitutional promises of equality before the law into tangible realities for marginalised communities.
The Nuts-and-Bolts of a Successful Program Plan
You may want to see also
Right to Constitutional Remedies
Marginalised groups in India, such as minorities, Adivasis, Dalits, Muslims, women, and people from scheduled tribes, often face discrimination and a lack of equal opportunities. To address this, the Indian Constitution provides a range of fundamental rights aimed at ensuring equality and justice for all citizens. One of the most important mechanisms to enforce these rights is the Right to Constitutional Remedies, enshrined in Article 32 of the Constitution.
The Right to Constitutional Remedies is a fundamental right in itself, as outlined in Article 32. This right empowers Indian citizens to seek legal remedies from the Supreme Court and High Courts for the enforcement of their fundamental rights. It serves as a safeguard against the infringement of fundamental rights, making them real and effective. By providing a legal mechanism, citizens can hold the state and other institutions accountable for violating their rights.
Article 32 grants the Supreme Court 'Original', 'Wide', but 'Not Exclusive' powers to enforce fundamental rights. The 'Original Powers' allow aggrieved citizens to directly approach the Supreme Court without necessarily going through the lower courts first. The 'Wide Powers' enable the Supreme Court to issue directions, orders, or writs of all kinds to enforce fundamental rights. However, these powers are not exclusive, as they can also be exercised by other courts empowered by Parliament.
The Right to Constitutional Remedies includes various types of writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari. A writ of habeas corpus protects an individual's right to liberty by requiring public officials to present a detained person before the court and justify the detention. A writ of mandamus commands a subordinate court, government officer, or institution to perform or cease certain acts or duties. A writ of prohibition enforces inactivity in a lower court's jurisdiction if the higher court deems the case outside its jurisdiction. A writ of quo warranto is issued against someone unlawfully claiming or holding a public office.
The Right to Constitutional Remedies is a cornerstone of Indian democracy and justice, promoting accountability, equality, and the protection of individual rights. It enables citizens to seek redressal for violations of their fundamental rights, fostering a just and equitable society. This right ensures that the Indian Constitution's promise of equality and diversity is upheld and that marginalised groups have a mechanism to address their grievances and seek relief.
Exploring Article 2: A Multi-Part Constitutional Journey
You may want to see also
Right to Equality and Freedom
Marginalization occurs when a person or group of people are made to feel less important than others, often due to factors such as religion, race, beliefs, or language. This can lead to a lack of access to opportunities and facilities that are typically enjoyed by non-marginalized groups. While constitutions, such as those of India, Canada, and the US, aim to protect the rights of citizens and ensure equality, marginalization can still occur and affect these rights.
The Right to Equality and Freedom is a fundamental right that is often invoked by marginalized groups to assert their equality and dignity. This right is enshrined in the constitutions of several countries. For example, in India, Article 15 of the Constitution states that no citizen can be discriminated against based on religion, race, caste, sex, or place of birth. Similarly, the Canadian Charter of Rights and Freedoms includes sections that promote equality and protect the rights of marginalized groups, such as the Aboriginal Peoples of Canada.
In the United States, the First Amendment of the Constitution, part of the Bill of Rights, prohibits Congress from making laws that establish a religion or restrict the free exercise of religion. It also protects freedom of speech, freedom of the press, and the right to assemble peacefully. These rights work together to ensure that citizens have the freedom to express themselves and practice their beliefs without interference from the government.
Despite these constitutional protections, marginalized groups often face challenges in asserting their rights. In India, for example, while the Constitution promises equality for all citizens, marginalized groups like the Adivasis, Dalits, and Muslims continue to face discrimination and inequality. To address this, the Indian government has implemented specific schemes and laws, such as providing subsidized or free hostels for Dalit students, to promote equal access to education.
In summary, the Right to Equality and Freedom is a fundamental right that is essential for marginalized groups to assert their dignity and equality. While constitutions aim to protect these rights, marginalization can still occur, and it is important for governments to take active steps to address inequality and promote the inclusion of marginalized communities.
What's Excluded from the Constitution?
You may want to see also
Explore related products
$28.59 $29.95
$44.83 $58.99
Prohibition of discrimination
Marginalisation affects the part of the constitution that deals with the prohibition of discrimination. This is because marginalisation involves treating certain people or groups as less important, pushing them to the edges of society and depriving them of opportunities. To combat this, constitutions often include provisions that prohibit discrimination on various grounds.
In India, for example, Article 15 of the Constitution prohibits discrimination against any citizen based on religion, race, caste, sex, or place of birth. This enables marginalised groups like the Adivasis, Dalits, Muslims, and women to claim their Fundamental Rights and demand that the government recognise and address the injustices they face. Similarly, Article 17 of the Indian Constitution abolishes untouchability, ensuring that Dalits cannot be denied access to education, places of worship, or public facilities on account of their caste.
In the United States, Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. 2000e, prohibits employment discrimination based on race, colour, religion, sex, and national origin. This law applies to both public and private employers, and it covers a wide range of employment decisions, from recruitment to termination. Federal agencies, such as the Equal Employment Opportunity Commission (EEOC), are tasked with enforcing these non-discrimination laws and investigating complaints of discrimination. Additionally, the Equal Pay Act of 1963, enforced by the EEOC, specifically addresses sex-based wage discrimination, ensuring that men and women receive equal pay for equal work.
At the European level, Article 21 of the EU Charter of Fundamental Rights prohibits discrimination on a wide range of grounds, including sex, race, colour, ethnic or social origin, language, religion, political opinion, and disability. This complements the European Convention on Human Rights, which includes Article 14 on non-discrimination and Protocol 12, providing a comprehensive framework for protecting human rights and prohibiting discrimination across Europe.
The Pledge of Allegiance: Constitutional or Not?
You may want to see also
Equality of opportunity in public employment
Marginalisation in any society affects the constitution's provisions for equality and equal protection. In India, the constitution promises its citizens equality in all aspects, and the law states that every person must be treated equally in the eyes of the law and in society. However, marginalised groups in India, such as Adivasis, Dalits, Muslims, women, and other minority groups, continue to face discrimination and a lack of equal opportunities.
To address this, the Indian Constitution has implemented specific laws and policies to protect marginalised communities and ensure equal rights for all. One such important provision is Article 16, which deals with equality of opportunity in public employment.
Article 16 of the Indian Constitution ensures equality of opportunity in matters of public employment. It prohibits discrimination based on religion, race, caste, sex, descent, place of birth, residence, or any of these factors. The article applies to both initial appointments and promotions, ensuring that all citizens have a fair chance to secure government jobs.
The interpretation of Article 16 is broad and includes various principles of Equal Employment Opportunity (EEO). These principles cover job opportunities, workplace circumstances, interpersonal relationships at work, performance evaluations, and opportunities for training and career advancement. The Supreme Court has also played a role in upholding this article by striking down rules that excessively favour one group over others, ensuring that the principle of equality is upheld in public employment practices.
Additionally, Article 16 allows for positive discrimination to uplift marginalised sections of society. This includes making reservations in public employment for citizens from backward classes, recognising the historical prejudice and social injustices they have faced. However, the Supreme Court has ruled that reservations for backward classes should not exceed 50% in any given year to maintain a balance and not interfere with the opportunities of other citizens.
In conclusion, Article 16 of the Indian Constitution plays a crucial role in promoting equality of opportunity in public employment. It aims to create a level playing field for all citizens, regardless of their background, and to address the historical marginalisation of certain groups. While there may be challenges and exceptions to its implementation, Article 16 represents a significant step towards a more just and equal society in India.
The Constitution's Building Blocks: Understanding Its Composition
You may want to see also
Frequently asked questions
Marginalisation affects the Indian Constitution's promise of equality in all aspects.
The Indian Constitution has a list of Fundamental Rights that define the country's democracy. It also asks citizens to celebrate the diversity of the population and treat everyone as equals.
Article 14, 15, 16 and 32 are some examples of Fundamental Rights that confront marginalisation.
The Right to Equality guarantees that all persons are equal before the law and are entitled to equal protection under the law.
Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.
