Thus Indian constitution follows the divide and rule policy of the British legally and yet calls as ALL ARE EQUAL under 11 to 20 !!
On Wed, 6 Aug 2025 at 09:20, 'Bala N. Aiyer' via KeralaIyers < [email protected]> wrote: > Also, it indirectly means that some Castes need to get the benefits and > some are denied becaise some castes are inferior and needs to be helped and > some are superior and needs no help. > > With kind regards & best wishes, > > Bala N. Aiyer > > > On Tuesday, August 5, 2025 at 08:34:50 PM CDT, Rajaram Krishnamurthy < > [email protected]> wrote: > > > That is exactly what I am eliciting from my article that discrimination on > caste creed, race etc are made under the constitution and yet bluffing all > are equal. Virtually, there is no equality. One may strive hard to rise and > he will be called a forward; another will be idling forever and will be > named a backward; so under the law, the latter gets all the benefits; and > the former gets punished; that made a huge section of intelligence go out > of the nation. The law can only be one; either all are equal; or there is > no equality. there cannot be an apex bluff. KR IRS 6825 > > On Tue, 5 Aug 2025 at 21:05, 'Bala N. Aiyer' via KeralaIyers < > [email protected]> wrote: > > Still, subsequent changes give special privileges for Muslims and > Christians that is denied for Hindus, and special privileges based on > Castes (including the castes among Christians and Muslims) that is kept > since 1950 (75 years but still they want to eliminate castes and give equal > rights. ---> one way street. They are not able to eliminate that though > these privileges were given only for 25 years. > > With kind regards & best wishes, > > Bala N. Aiyer > > > On Tuesday, August 5, 2025 at 02:40:54 AM CDT, Rajaram Krishnamurthy < > [email protected]> wrote: > > > Constitution Article > > Article 14 in Constitution of India > > 14. Equality before law > > The State shall not deny to any person equality before the law or the > equal protection of the laws within the territory of India. > > Editorial Comment -Article 14 rejects any type of discrimination based on > *caste*, race, and religion, place of birth or sex. This Article is > having a wide ambit and applicability to safeguard the rights of people > residing in India. > > This article is divided into two parts: > > Equality before the Law: This part of the article indicates that all are > to be treated equally in the eyes of the law. This is a negative concept as > it implies the absence of any privilege in favor of any person. This is a > substantive part of the article. > > *Equal protection of the Laws: This part means that the same law will be > applied to all the people equally across the society. This is a positive > concept as it expects a positive action from the state. This is a > procedural part of article 14.* > > “The dissent of Justice Subba Rao in the State of U.P. v. Deoman Upadhyaya > 1960stated that Article 14 comprises both “positive content” as well as > “negative content”. Whereas, equality before the law is a negative content, > equal protection of the laws exhibits a positive content of Article 14.” > > The doctrine of Anti Arbitrariness: The scope of article 14 was > drastically increased by the Supreme Court by including the executive > discretion under its ambit. In the case of E.P. Royappa v. State of Tamil > Nadu, 1974, the court said that Article 14 gives a guarantee against the > arbitrary actions of the State. The Right to Equality is against > arbitrariness. They both are enemies to each other. So it is important to > protect the laws from the arbitrary actions of the Executive. > > “The first landmark judgment which actually spotted the virtue of > non-arbitrariness in Article 14 was S.G. Jaisinghani v. Union of India . > The Court, for the first time held “absence of arbitrary power” as sine qua > non to rule of law with confined and defined discretion, both of which are > essential facets of Article 14.” In here Justice Subba Rao elaborating on > the wide expanse of Article 14 , vide para 14 held thus: “In this context > it is important to emphasize that the absence of arbitrary power is the > first essential of the rule of law upon which our whole constitutional > system is based. In a system governed by rule of law, discretion, when > conferred upon executive authorities, must be confined within clearly > defined limits.” > > In the Maneka Gandhi v. Union of India, 1978, Justice Bhagwati said that > Equality is against the arbitrariness of State action. So this doctrine > ensures equality of treatment. “The seven-Judge Bench held that a trinity > exists between Article 14, Article 19 and Article 21. All these articles > have to be read together. Any law interfering with personal liberty of a > person must satisfy a triple test: (i) it must prescribe a procedure; (ii) > the procedure must withstand the test of one or more of the fundamental > rights conferred under Article 19 which may be applicable in a given > situation; and (iii) it must also be liable to be tested with reference to > Article 14.” > > Natural Justice as a part of Article 14: From the case of A.K. Kraipak v. > Union of India, It is evident that Natural Justice (natural justice is > technical terminology for the rule against bias and the right to a fair > hearing (audi alteram partem)) is an integral part of Article 14. The > court held that “the Principle of Natural Justice helps in the prevention > of miscarriage of Justice, These Principles also check the arbitrary power > of the State.” > > Classification Test: In the case of Ram Krishna Dalmia v. Justice > Tendolkar, 1958 the Supreme Court describes the jurisprudence of equality > before the law. It simply permits the State to make differential > classification of subjects (which would otherwise be prohibited by Article > 14) provided that the classification is founded on intelligible differentia > (i.e. objects within the class are clearly distinguishable from those that > are outside) and has a rational nexus with the objective sought to be > achieved by the classification. > > In the case of Indra Sawhney v UOI, 1993 which is a landmark judgment on > aspects of reservation in India. “The Court interpreted the relation > between Article 14 and Article 16. It was held that Article 16(1) is a > facet of Article 14. Just as Article 14 permits reasonable classification, > so does Article 16(1). A classification may involve reservation of seats or > vacancies. The principle aims of Article 14 and 16 is equality and equality > of opportunity and Clause (4) of Article 16 is a means of achieving the > very same objective. Both the provisions have to be harmonized keeping in > mind the fact that both are the restatements of the principle of equality > enshrined in Article 14.” > > Further expansion of Article 14 was done in the case of Visakha v State of > Rajasthan, 1997 > > “The judgment sought to enforce the fundamental rights of working women > under Articles 14, 19 and 21 of the Constitution of India. Sexual > Harassment violates the fundamental right of the women of gender equality > which is codified under Article 14 of Indian Constitution and also the > fundamental right to life and to live a dignified life. The Court held that > even though there is no express provision for sexual harassment at > workplace under Indian Constitution, it is implicit through these > fundamental rights.” (references mentioned below) > > Expansion of Article 14 in terms of defining Gender: In the case > ofNational Legal Service Authority [NALSA] v UOI, 2014. > > “This case was filed by the National Legal Services Authority of India > (NALSA) to legally recognize persons who fall outside the male/female > gender binary, including persons who identify as “third gender”. While > drawing attention to the fact that transgender persons were subject to > “extreme discrimination in all spheres of society”, the Court held that the > right to equality (Article 14 of the Constitution) was framed in > gender-neutral terms (“all persons”). Consequently, the right to equality > would extend to transgender persons also.” > > Further in Shayara Bano v UOI, 2016 “the 5 Judge Bench of the Supreme > Court pronounced its decision in the Triple Talaq Case, declaring that the > practice of instantaneous triple talaq [Talaq-ul-biddat] was > unconstitutional. The Bench observed that the fundamental right to equality > guaranteed under Article 14 of the Constitution, manifested within its > fold, equality of status. Gender equality, gender equity and gender justice > are values intrinsically entwined in the guarantee of equality, under > Article 14.” > > These above discussed landmark cases and many more have contributed to > expand the ambit and scope of Article 14 of the Constitution of India, to > strive for a more equal and fair society. > > Q Then is not brahmin made inequal to schedule caste and minority and > majority discriminations? > > In India, the principle of equality before the law, as enshrined in > Article 14 of the Constitution, aims to ensure that everyone is treated > equally under the law, regardless of their caste. While Article 14 > generally prohibits discrimination, it also allows for reasonable > classification, meaning that laws can be different for different groups if > there is a justifiable basis for the distinction. This allows for > affirmative action policies that aim to uplift Scheduled Castes > (historically marginalized due to the caste system) while still upholding > the principle of equality for Brahmins and all other citizens. > > 1. Equality Before the Law: > > Article 14 guarantees that all individuals are equal before the law and > are entitled to equal protection of the laws. > > This means that no one, regardless of their caste, can be above the law or > be granted special privileges. > > It implies that the law should be applied *uniformly to all citizens in > similar circumstances. * > > 2. Reasonable Classification: > > While Article 14 prohibits class legislation (laws that arbitrarily > discriminate between groups), *it does allow for "reasonable > classification". * > > This means that laws can be different for different groups if there is a > rational basis for the distinction and if the classification is related to > the objective of the law. > > For example, affirmative action policies like reservations in education > and employment for Scheduled Castes and Scheduled Tribes are considered > permissible under Article 14 because they aim to address historical > inequalities and promote social justice. > > 3. Affirmative Action and Scheduled Castes: > > The Indian Constitution includes provisions for affirmative action to > uplift Scheduled Castes, who have faced historical discrimination and > marginalization. > > These provisions may involve reservations in education, employment, and > political representation. > > While these policies may appear to differentiate between castes, they are > designed to address the existing inequalities and ensure that Scheduled > Castes have equal opportunities. > > 4. Balancing Equality and Social Justice: > > The application of Article 14 in the context of caste involves balancing > the principle of equality with the need for social justice and affirmative > action. > > The courts have generally held that affirmative action policies are > permissible *as long as they are based on reasonable classification and > are aimed at achieving a legitimate social objective. * > > *The courts also emphasize that affirmative action should not be > indefinite and should be reviewed periodically to ensure that they are not > perpetuating inequality.* > > In essence, the law in India does not treat Brahmins and Scheduled Castes > identically when it comes to addressing historical injustices and ensuring > equal opportunity. However, this differential treatment is not seen as a > violation of the principle of equality because it is based on reasonable > classification and aims to achieve social justice. The goal is to create a > society where everyone has a fair chance to succeed, regardless of their > caste background. > > Q discrimination of minority and majority shows the law is not > equal to both > > The statement is generally true. Discrimination against minorities often > suggests that the law is not being applied equally to all citizens, as it > should. While the law may be written in a way that appears neutral, its > application or interpretation can favor the majority, resulting in unequal > treatment. > > Unequal Application of the Law: > > Even if laws are designed to be neutral, they can be applied differently > based on factors like race, religion, or social status. This can lead to > a situation where the majority group enjoys certain advantages or > protections that are not extended to minorities. > > Structural Discrimination: > > Discrimination can also be embedded in the systems and institutions of a > society. This means that even without explicit discriminatory laws, > policies and practices can disadvantage minority groups in areas like > education, employment, and access to justice. > > Tyranny of the Majority: > > In some cases, the majority group's political power can be used to > marginalize or oppress minority groups. This can lead to the passage of > laws or policies that benefit the majority at the expense of minorities. > > Historical and Social Context: > > It's important to consider the historical and social context in which laws > are applied. Discrimination can be a legacy of past injustices, and even > neutral laws can perpetuate existing inequalities. > > Examples: > > Laws against cow slaughter disproportionately affecting Muslim cattle > traders, even when the majority group is not similarly prosecuted, > according to Human Rights Watch. > > Anti-conversion laws used to target Muslim men who marry Hindu women. > > Unequal access to education or employment opportunities based on religion > or caste. > > Constitutional Protections: > > Many countries have constitutional provisions guaranteeing equality before > the law and prohibiting discrimination based on various grounds. However, > these protections may not always be effectively implemented or enforced, > especially when dealing with deeply entrenched social inequalities. > > B India has several laws prohibiting discrimination, rooted in the > Constitution and reinforced by specific legislation. Article 15 of the > Constitution prohibits discrimination based on religion, race, caste, sex, > or place of birth. Additionally, the Constitution includes Article 14 > (equality before the law) and Article 17 (abolition of untouchability). Key > legislation includes the Scheduled Castes and Scheduled Tribes (Prevention > of Atrocities) Act, 1989, and the Protection of Civil Rights Act, 1955. > > Constitutional Provisions: > > Article 14: Guarantees equality before the law and equal protection of the > laws for all persons within India. > > Article 15: Specifically prohibits discrimination based on religion, race, > caste, sex, or place of birth. It also addresses discrimination in access > to public places and facilities. > > Article 17: Abolishes untouchability and forbids its practice in any form. > > Specific Legislation: > > Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, > 1989: Enacted to prevent atrocities against members of Scheduled Castes and > Scheduled Tribes. > > Protection of Civil Rights Act, 1955: Provides for the punishment of > offenses related to untouchability. > > Transgender Persons (Protection of Rights) Act, 2019: Prohibits > discrimination against transgender persons in various sectors like > employment, education, and healthcare. > > Other Relevant Laws and Provisions: > > Equal Remuneration Act, 1976: > > Ensures equal pay for men and women for the same work or work of a similar > nature. > > Maternity Benefit Act, 1961: > > Provides for maternity benefits and prohibits termination of employment of > pregnant women. > > Sexual Harassment of Women at Workplace (Prevention, Prohibition and > Redressal) Act, 2013: > > Deals with the prevention and redressal of sexual harassment at > workplaces. > > These laws and constitutional provisions aim to create a society where all > citizens have equal opportunities and are protected from discrimination > based on various grounds. > > Thus, Indian constitution (and word legal measures) maintain equality > under the constitution viz discrimination by law and rules ;and even if > advocated to repeal within a time frame, still shall be continued. 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