article 15

 

“Fundamental rights belong to the human being just because you are a human being” -Desmond Tutu

Fundamental rights are mentioned under Part III of The Constitution of India. Fundamental rights are the rights which every citizen of the country owns and no one can snatch it away from them. These rights are for the development and security of the citizens of the country which is recognized by the respected society or the state. Fundamental rights acts as a foundation of the country. These rights are fundamental in nature because firstly they are recognized by The Constitution of India and secondly they are justiciable which means that they are enforceable through the honorable courts.

Article 15 of the constitution talks about prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. This article is one of the fundamental rights under The Constitution of India. 

When we talk about discrimination, we start thinking  about the rural times when discrimination was on peak. Earlier people used to  judge people differently according to their caste, color, standard, etc.  People who belong to scheduled castes, scheduled tribes and other backward classes were treated very badly as they were the weaker section of the society. They were not allowed for several things which people of higher caste or to people who were superior to them were allowed. SCs, STs, and Backward classes were not allowed to sit with the superior people, they were not allowed to touch them, they were not allowed to even draw water from the well which is for higher caste people, they have to live separately from the place where higher caste people used to live, no school or colleges use to give admission to the students belonging to these specific castes, people of these castes were allowed for the jobs which was at a very lower level. Yes that’s something unbelievable but it is the harsh reality of our country.

Now the days have changed, people are getting educated, they know what’s right and what’s wrong. Slowly and gradually discrimination is declining and had declined a lot. In today’s time period people who belong to SCs, STs, and Other backward classes are not treated the way they had been treated in the past. There have been a lot of changes and we can definitely say they are good changes because now people are understanding that whether a person belongs to some upper caste or to some lower caste does not matter and  at the end we all are human beings and everyone is the same and equal in the eyes of law. We are no one to do discrimination on any bases with anyone in any part of the country. Everyone should be treated equally. But still there are many parts in India where this discrimination is still alive. As India is a country where the population is huge and major part of the population are still illiterate or uneducated which results in these kinds of shallow acts like discrimination and many more. Cases  of discrimination is mostly seen in rural areas, where people still have that shallow mentality, it is may be because of lack of awareness or lack of knowledge. Discrimination can be seen in some urban rural areas also where at point people still have that old typical mentality.

To protect citizens from these kinds of discrimination and partiality The Constitution of India has provided fundamental rights to the citizen of the country and no one can infringe these rights from them. If the rights of the people are violated, they can definitely seek redressal from the court.

1. Article 15 of The Constitution of India simply says that the state shall not discriminate against any citizen on grounds of only religion, race, caste, sex, place of birth, or any of them.
2. Secondly, it says that no citizen shall discriminate on the grounds mentioned above and  subject to any disability, liability, restriction or condition in regards to hotels, public restaurants, shops and places of public entertainment or the use of wells, tanks, bathing Ghats, roads and places of public resort which is maintained wholly or partially out of the state funds or dedicated to the use of public.
3.  Thirdly, this article shall prevent the state from making any kind of special provisions for women and children.
4.  Fourthly , the article says that nothing in this article shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or the scheduled classes and the scheduled tribes.
5.  Fifth , the article says the same thing that is mentioned in point 4 but it specifically talks about making special provisions related to admission to educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions.

Article 15 basically helps to uplift the position of scheduled castes, scheduled tribes and other backward classes in the society. So that they do not live their whole life as an underprivileged section of the society and can grow and compete in the world without any fear and can stand with anyone equally in the society.

Aishwarya Says:

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