![]() Under Article 14, the equality before law aligns well with the equality part of our preamble too. The liberty of thought, expression, belief, faith and worship, equality of status and opportunities and fraternity assuring an individual’s dignity and unity of the nation should be maintained. It is also mentioned that social, economic and political justice should be provided for all. India is a ‘sovereign socialist secular democratic republic’ country as mentioned in our preamble. Article 14 protects all the rights, to prevent discrimination regarding providing the rights under the Human Rights Act (1993). “ Article 14 of the Constitution of India states -The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India “. Article 14 ensures to include all the human rights regarding liberty, life, freedom from torture and slavery, freedom of expression, opinions, work, education and so on. This prevents equality on different grounds, treating all the people as equals, be it in public employment or abolishing untouchability or casteism. The right to equality can provide equal treatment for all the citizens and non-citizens living in India even before the law itself. Polity Article 14Īrticle 14 ensures that the “ Equality to the Law ” for “ Right to Equality ” finds a firm place in all their written constitutions which can guarantee the fundamental rights irrespective of the discriminatory factors. The “ equal protection of laws” o n the other hand taken from the US constitution which speaks about the law should be applied fairly to all the people living in India. As the concept of ‘equality before laws’ which is adopted from a British concept, states that the people living in India can claim the basic rights of this country equally regardless of being poor or rich, low-ranked or high-ranked officials, creed or caste differences or other gender discriminations. Article 14 is divided into many parts, two of them are- “ Equality before Laws and Equal Protection of Laws”. Castes, sex, religion, place of origin and other factors are there for the common discriminatory issues. ![]() A penal code that allows rapists of women or girls under the age to consent to sexual contact to avoid prosecution by marrying their victimĬlick on the cases to the right (or, for mobile users, at the bottom of this page) to learn more about the right to equal protection under the law and violence against women.As stated in Article 14, “Right to Equality” was proposed to gain equal rights over discrimination of any kind for both the citizens and the non-citizens of India.Minimal sentencing for crimes committed in the name of so-called ‘honour’.Similarly, if a judge believes that a man is justified in killing his wife for the sake of so called ‘honour’, his decision may not be the same as it would had the murder been a random act.Įxamples of violence against women that violate this right include: If a community believes domestic violence is a matter to be resolved at home, it is likely that police officers will not address this type of violence with the same professionalism as in other cases. Sometimes this means addressing harmful gender stereotypes and practices that are accepted as normal and acceptable in day-to-day life, even though they are deeply discriminatory. If gender-based crimes are not treated with the same concern as other crimes, women cannot be secure in their right to equal protection under the law. ‘Substantively’ guaranteeing women’s rights requires police officers, court officials and all other professions related to the justice system work together to end VAW. For any law to become meaningful, there are many authorities who must ensure it is enforced and protected on the ground. ‘Equal protection under the law’ requires more than the formal recognition of men and women’s equal rights in the text of the law. Arab Charter on Human Rights (Article 11): All persons are equal before the law and have the right to enjoy its protection without discrimination.Every person is entitled without discrimination to equal protection of the law. ASEAN Human Rights Declaration: Every person has the right of recognition everywhere as a person before the law.12): Having regard to the fundamental principle according to which all persons are equal before the law and are entitled to the equal protection of the law. European Convention on Human Rights and Fundamental Freedoms (Protocol No.Consequently, they are entitled, without discrimination, to equal protection of the law. American Convention on Human Rights (Article 24): All persons are equal before the law.Every individual shall be entitled to equal protection of the law African Charter on Human and Peoples Rights (Article 3): Every individual shall be equal before the law.
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