ARTICLE 15 OF OUR INDIAN CONSTITUTION

Another article that is considered as the backbone of our Indian Constitution is Article 15 which restricts discrimination on many grounds. To start with let’s understand what is discrimination? Discrimination means out-of-line or biased treatment of individuals and gatherings dependent on qualities like race, sex, age, or sexual direction.

Article 15 states that prohibition of discrimination on basis of race, religion, creed, sex, etc.

Article 15 (1) defines that The State will not oppress any resident on grounds just of religion, race, standing, sex, a spot of the birth, or any of them. These are the criteria on which discrimination is strictly prohibited according to our Indian Constitution.

Article 15(2) states that- No resident will, on grounds just of religion, race, position, sex, a spot of birth or any of them, be dependent upon any handicap, responsibility, limitation or condition with respect to (a) admittance to shops, public cafés, lodgings and royal residences of public diversion; or (b) the utilization of wells, tanks, washing ghats, streets and spots of the public hotel kept up with entirely or incompletely out of State assets or committed to the utilization of the overall population[1]

“It is against the fundamental principles of humanity, it is against the dictates of reason that a man should, by reason of birth, be denied or given extra privileges” -Mahatma Gandhi

But clauses 3, 4 of Article 15 completely go opposite of what is mentioned in 15(1) and 15(2). Article 15(3) discusses extraordinary arrangements for ladies and kids to shield them from the obligations of formal equity and it is advocated on the grounds that it makes up for early unfairness met by ladies and youngsters from the male-ruled society. This goes completely against 15(1) and 15(2) as it provides special arrangements to ladies and kids and does a sort of discrimination against certain sections of society.

Clause (4) of Article 15 of the Indian constitution permits the state to make laws and arrangements identifying with the progression of socially and instructively in reverse people groups of these classes and for the planned ranks and booked clans. The expression “socially and instructively in reverse classes” under Article 15(4) alludes to oppressed classes of individuals [2]who have confronted segregation and bias from the special class. This also shows discrimination to certain sections of society that is to the Scheduled caste and Scheduled tribes.

Some important case laws that can be linked to Article 15 is:

Union of India and others vs K.B Prabhakaran –

The High Court has held that Article 15(3) cannot be read as a proviso or an exception qualifying or restricting the guarantee under…the matter of direct recruitment to the posts governed by the said rules. The Andhra Pradesh High Court had declared the said rule to be invalid on the view that Article 15(3) was not applicable and…the rule was violative of Articles 14 and 16 of the Constitution.

Indra Sawhney vs Union of India – This case was related to the reservation cap. In this case, it was held that reservation for any community cannot exceed 50 percent for any community.  It was a vital case in Article 15(4) regarding reservation for communities.[3]

                               CONCLUSION

Article 15 goes about as a safeguard against discrimination, it is an expansion of Article 14 which discusses uniformity among people and correspondence under the steady gaze of the law. It implies that equivalents ought to be dealt with similarly and inconsistent to be dealt with inconsistent, to assist the Indian culture with advancing against such a tremendous variety and a wide range of sexist, and inflexible rank. It is just an extension of Article 14 but with stricter regulations and a code of conduct.


[1] Indiankannon.org

[2] Casemine.org

[3] Landmark judgements on article 15

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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