Equality Enshrined: Legal Safeguards Against Discrimination

Equality Enshrined: Legal Safeguards Against Discrimination. Discrimination in India is addressed through a range of constitutional provisions, statutes, and judicial decisions. While social and systemic biases persist, the legal framework is robust in its intent to promote equality, non-discrimination, and social justice.

Types of Discrimination & Relevant Laws

1. Caste-Based Discrimination

• Article 15(2): Prohibits discrimination on grounds of caste.
• Article 17: Abolishes untouchability and forbids its practice in any form.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
  • Protects SC/ST communities from violence, humiliation, and discrimination.
  • Includes provisions for speedy investigation and special courts.

2. Religious Discrimination

• Article 25–28: Guarantee freedom of religion.
• Article 15: Prohibits discrimination on grounds of religion.
• Protection of Civil Rights Act, 1955: Penalizes religious-based exclusion or denial of access to public places.

3. Gender-Based Discrimination

• Article 14: Equality before law and equal protection of laws.
• Article 15(3): Permits special provisions for women and children.
• Article 16: Equality of opportunity in public employment.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
• Dowry Prohibition Act, 1961, Domestic Violence Act, 2005, Maternity Benefit Act, 1961

4. Disability-Based Discrimination

• Rights of Persons with Disabilities Act, 2016:
  • Prohibits discrimination in education, employment, healthcare, etc.
  • Mandates 4% reservation in government jobs and education.
• Article 41: Promotes public assistance for disabled individuals.

5. LGBTQ+ Discrimination

• Navtej Singh Johar v. Union of India (2018): Decriminalized homosexuality (Section 377 IPC partially struck down).
• Transgender Persons (Protection of Rights) Act, 2019:
  • Recognizes the right to self-perceived gender identity.
  • Prohibits discrimination in education, employment, housing, etc.

6. Racial and Regional Discrimination

• Article 15: Prohibits discrimination based on race or place of birth.
• No specific anti-racism law, but BNS sections apply to racial hatred or incitement.

7. Workplace Discrimination

• Equal Remuneration Act, 1976: Ensures equal pay for equal work.
• Article 16(1): Equal opportunity in matters of public employment.
• Reservation Policies: For SC/ST/OBC/EWS/PWD in public sector jobs and education.

Constitutional Provisions in Summary

Judicial Activism & Landmark Judgments

• Indra Sawhney v. Union of India (1992): Upheld OBC reservations.
• Vishaka v. State of Rajasthan (1997): Laid down guidelines against sexual harassment at workplace.
• Navtej Singh Johar (2018) & NALSA v. Union of India (2014): Major LGBTQ+ rights milestones.

Thus, Equality Enshrined and these are Legal Safeguards Against Discrimination.

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