Tuesday, July 2, 2019

Article 15 - Why Is Important For Indian Constitution?

Under the Constitution, every citizen has a fundamental right. It is the obligation of the Government to protect the fundamental right of citizens. These days, there is a discussion of Bollywood movie Article 15.The film raises the issue of atrocities and discrimination against Dalits. 

Article 15

"State shall not discriminate against any citizen on grounds only of - 
  • Religion
  • Race
  • Caste
  • Sex
  • Place of birth or any of them. 

India is a country of unity in diversity. Religion, caste, language, food and living are different, but the Constitution talks about equality. First of all, it is important to know what fundamental rights each citizen has got under the Indian Constitution.The fundamental Rights of the Constitution are provided between Article 14 to 32. 

There is a talk of similarity between Article 14 to 18. Article 19 to 22 explain the right to freedom and life. Articles 23 and 24 have rights against exploitation. Articles 25 to 28 have the right to freedom of religion. Constitutional remedies is given under Article 32.

Right to equality

Article 14 provides the right to equality. Under which the law is considered equal to all. Article 15 provides that there shall be no discrimination against anyone on the basis of religion, race, caste, sex, place of birth or any of them. An exception has also been placed for this. The state will be allowed to make provisions for women and children. Provision for free education etc. to children is provided under this article.

The government can make free and special arrangements for SC and ST communities or socially and economically backward classes.The SC and ST categories will make state special provisions for the people to improve them.

Protecting the fundamental right is the responsibility of the government 

The Constitution guarantees the fundamental right of any person.The government cannot take the fundamental right.This means that if Parliament passes a law that violates the fundamental right, such a law is repealed. 

If people feel that their fundamental right is violated, they can go to the Supreme Court under Article 32 and the High Court under Article 226 to prevent the violation of fundamental rights using Constitution of India

Landmark judgments to prevent violation of Article 15

On September 6, 2018, the Supreme Court ruled Homosexuality not a Crime anymore. The court termed it as a violation of Article 14, 15 and 21.

In a judgement on September 27, 2018, the Supreme Court dismissed the Adultry law as unconstitutional. The court said that the Adultry Law makes women slaves and property of the husband. There was also a case of violation of Articles 15 and 21.

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