This article has been written by Ms. Aadya Sharma, a 3rd year BBA.LLB (Hons) student from Shri Ramswaroop Memorial University, Lucknow.
INTRODUCTION
India is a country known for its diversity in Culture, Religion, Beliefs, Languages, Customs, Traditions etc. It has a population of 1.4 billion people currently and has surpassed China. The official languages of India are Hindi and English, but there are more than 2000 languages spoken throughout the country. Diverse perspectives frequently result in disagreements, and those disagreements occasionally result in prejudice or discrimination. Discrimination in India is a complex and multifaceted issue that has been present in the country for centuries. It is rooted in the caste system, which historically determined a person’s occupation and social status, and continues to play a significant role in discrimination and inequality in the country today. Additionally, discrimination in India is frequently based on economic class, gender, and religion. The impact of discrimination is far-reaching and affects individuals across all aspects of their lives, including access to education, employment, and political representation. Despite various laws and policies put in place to address discrimination in India, enforcement and implementation of these measures remain a challenge.
No discrimination on the basis of religion, race, caste, or place of birth is one of the rights guaranteed to Indian citizens by the constitution. This right is established in Part III of the Indian Constitution under the section on Fundamental Rights. Caste and religion-based discrimination have always prevailed in India. Prior to independence, discrimination was pervasive throughout India, whether it took the form of untouchability or the separation of higher and lower castes. Even if discrimination still occurs today, the effects are far more severe and illegal. This Article therefore attempts to analyse Article 15 of the Indian Constitution i.e., Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Thus, Article 15 aims to safeguard the rights and interests of the citizens.
ARTICLE 15: PROHIBITION ON GROUND OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH
This article of Indian Constitution protects the citizens from any kind of Discrimination, Racism or untouchability. This article is the application of the principle vested in Article 14. When a law violates Article 15, it cannot be upheld by turning to article 14 and using the principle of reasonable classification. The appropriateness of the classification shall be evaluated under Article 14 when the discrimination is based on one of the grounds listed in Article 15. This article is only accessible to citizens only and not to every person whether ‘citizen or non-citizen’.
- Clause (1) – This states that the State should not discriminate any citizen on the grounds of religion, race, caste, sex, place of birth or any of them. No one should be subjected to discrimination, notwithstanding the fact that castes are split into reserved caste/tribes, backwards classes. Discrimination is an unjust practise that has numerous facets.
In D.P. Joshi v. State of M.B, AIR 1955., A State Medical College law demanding a capitation fee from non-Madhya Bharat students to enrol in the college was upheld as valid since residency, not place of birth, qualified as the basis for exemption. Place of Birth is different from residence.
- Clause (2) – All citizens in India have equal access to public facilities and services, regardless of their religion, colour, caste, gender, or place of birth, according to Article 15(2) of the Indian Constitution. This clause is seen as a crucial part of India’s commitment to the equality and non-discrimination principles in its constitution.
A wide range of public amenities are covered by the clause, including a wide range of public facilities such as shops, restaurants, hotels, entertainment venues, wells, tanks, bathing ghats, roads, and places of public resort. This clause applies to facilities and services that are either fully or partially maintained by the state or specifically intended for use by the general public.
In Bhagwan Das v. State of M.P, 1951., Supreme Court held that Article 15(2) of the Constitution guarantees the fundamental right of access to public places.
In PUCL vs. Union of India, 1997., the Supreme Court held that the provisions of Article 15(2) apply to both private and public places of public resort and entertainment.
- Clause (3) – Article 15(3) is an important clause that addresses the historical disadvantages of some social groups, such as the Scheduled Castes and Scheduled Tribes, who have endured discrimination and tyranny. The clause gives the state the authority to implement effective policies to advance these groups and give them equal opportunity, such as reserving seats in educational institutions or establishing quotas for government employment. However, the provisions made under Article 15(3) must be reasonable and must not infringe upon the rights of other citizens.
The case M. R. Balaji v. State of Mysore, 1963 was a landmark decision that established the parameters of Article 15(3). The Supreme Court held that any restrictions imposed by this provision must be reasonable and must not discriminate against any group within society.
In Indira Sawhney v. Union of India, 1992., the legality of the OBC reservations in government employment was at issue. Although the Supreme Court ruled that the total amount of reserves should not exceed 50%, it affirmed the legitimacy of reservations for OBCs.
- Clause (4) – This clause is complementary to what stated in the Article 15 (3). It enables socially and educationally disadvantaged classes to advance, as well as the Scheduled Castes and Scheduled Tribes, with regard to admission to educational institutions. It permits the implementation of affirmative action measures for these groups in private educational institutions, which would not otherwise be covered by Article 15. (3). This provision was added to the Constitution by 42nd Amendment ACT in the year 1976 which aims to allow for the growth of these underprivileged groups in all spheres of life, including education. The provisions made under Article 15(4) must be reasonable and must not infringe upon the rights of other citizens.
In P.A. Inamdar v. State of Maharashtra, Supreme Court upheld the constitutional validity of reservations in private unaided educational institutions.
T.M.A. Pai Foundation v. State of Karnataka,2002 – This case dealt with the validity of reservations in privately funded professional educational institutions. While recognising the legality of reservations, the Supreme Court ruled that the government could not infringe on the independence of private educational institutions.
- Clause (5) – The aim of the clause is to assist undo the consequences of prior discrimination by ensuring that historically oppressed and marginalised groups in society have equal access to opportunities for education and other possibilities. The provisions made under Article 15(5) are commonly referred to as “reservation” may include measures like allocating a specific proportion of seats in educational institutions for members of specified groups or offering scholarships and other types of financial aid. But it’s crucial to remember that the provisions established under this article are subject to any reasonable limitations that the government may impose in the benefit of the educational institution’s overall effectiveness.
- Clause (6) – This clause enables the State to make any specific measures for the advancement of any socially and educationally underprivileged citizen classes, as well as for the Scheduled Castes and Scheduled Tribes with regard to their representation in state-run services.
With the help of this clause, the government is able to implement affirmative action policies to remedy previous discrimination and support diversity in government services. Commonly referred to as “reservation,” the provisions made under Article 15(6) can include actions like allocating a specific proportion of jobs in the government sector to members of these groups or giving them specialised training and other forms of assistance to help them compete for such positions.
CONCLUSION
Article 15 of the Indian Constitution therefore gives the legislator the foundation upon which to create the laws that would advance social peace. The amount of atrocities committed against members of the underprivileged classes has drastically decreased. Article 15 has helped Indian society to stand tall and proud despite such a great diversity and all forms of sexism, racism, and rigid caste system, and it will continue to do so forever. It is truly the protector of the oppressed and a shield against prejudice. It is significant to note that Article 15 prohibits discrimination on the grounds of religion, race, caste, gender, or place of birth in all circumstances. People have been discriminated against in several ways throughout history, and the term discrimination covers a broad variety of topics. Equal opportunity for citizens to protect their rights are envisioned under this article. Article 15 primarily seeks to ensure the social, economic, and educational advancement of the economically, socially, and educationally backward classes.
REFERENCES
- Article 14 of Constitution of India, 1950
- Article 15 of Constitution of India, 1950
- Dr. J.N. PANDEY’S CONSTITUTIONAL LAW OF INDIA: FIFTY EIGHTH EDITION.
- D. P. Joshi vs The State Of Madhya Bharat,1955 AIR 334, 1955 SCR (1)1215.
- Bhagwan Das v. State of M.P, 1951.
- PUCL vs. Union of India, 1997.
- M. R. Balaji v. State of Mysore, 1963.
- Indira Sawhney v. Union of India, AIR 1993 SC 477
- P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226
- T.M.A. Pai Foundation v. State of Karnataka, AIR 2003 SC 355
- https://blog.ipleaders.in/article-15/?amp=1
- https://indiankanoon.org/doc/609295/
- https://www.legalserviceindia.com/legal/article-7203-article-15-right-to-equality.html
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