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Zero Discrimination and the Law: Advancing Equality in Society

Zero Discrimination emphasises the need of establishing equality and fairness for all members of society. It emphasises the significance of eliminating discrimination based on caste, religion, gender, social or economic status, and disability, and promotes equal rights, opportunities, and a prejudice-free existence for all people.

In India, constitutional provisions and other regulations, particularly Articles 14–18 of the Constitution, play an important role in eliminating prejudice. Despite legislative safeguards, issues remain in practice. The aim of this article is to explain anti-discrimination laws, constitutional rights, and legal remedies so that citizens can stay educated and help to construct a just and equitable society.

Equality Provisions in the Indian Constitution

The Indian Constitution ensures equality for all residents and contains numerous crucial measures to combat discrimination and defend individual rights. These provisions promote fairness, justice, and equal treatment under the law, laying the groundwork for a democratic and inclusive society.

  1. Article 14 – Equality Before Law

Article 14 guarantees that everyone is treated equally under the law. It bans arbitrary discrimination and requires the state to give equal justice and opportunities to all residents.

  1. Article 15 – Prohibition of Discrimination

This article prohibits discrimination on the basis of religion, caste, gender, race, or place of birth, hence promoting social equality and equitable access to public spaces and opportunities.

  1. Article 16 – Equality of Opportunity in Employment

Article 16 provides equal opportunity in government employment, requiring that recruitment and promotion be based on merit rather than personal identity.

  1. Article 17 – Abolition of Untouchability

This law eliminates untouchability and makes its practice a penal offence, preserving dignity and social fairness.

  1. Article 21 – Right to Life and Personal Liberty

Article 21 guarantees the right to live with dignity, personal liberty, and security, making it one of the most comprehensive fundamental rights.

Important Anti-Discrimination Laws

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989

This law was created to prevent atrocities against Scheduled Castes and Tribes. This law includes provisions for harsh punishment for individuals who commit acts of injustice and harassment against Dalits and Adivasi communities.

Equal Remuneration Act of 1976

The law states that men and women should be compensated equally for equal work. It guarantees that no gender discrimination will occur while paying wages in any establishment.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013

This law was passed to prevent sexual harassment of women in the workplace. This provision is critical for ensuring a safe environment and equitable opportunity for women in any organisation.

The Rights of Persons with Disabilities Act, 2016

This law was designed to give people with disabilities equal chances in education, work, and social rights.

Reservation and Equality in Local Governance

The Constitution provides for reservation of Scheduled Castes, Scheduled Tribes, and women in local self-governing organisations (panchayats, municipal corporations), granting them political equality.

Judiciary and Landmark Anti-Discrimination Judgments

Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court established the Basic Structure Doctrine to defend the Constitution’s fundamental principles.

Indra Sawhney v. Government of India (1992)

While supporting OBC reservation, the “creamy layer” notion was used, and it was stressed that reservation could not exceed 50%.

Vishva Bhushan v. State of Bihar (2017)

To prevent discrimination against Scheduled Caste and Scheduled Tribe pupils, educational institutions were made more equal.

Vishaka v. State of Rajasthan (1997)

The “Vishaka Guidelines” were introduced to guarantee women’s workplace safety, and they served as the foundation for the Sexual Harassment Act of 2013.

Navtej Singh Johar vs. Government of India (2018)

Section 377 of the Indian Penal Code was repealed when homosexual relationships were legalised. 

K.S. Puttaswamy v. Government of India (2017)

Recognising privacy as a basic right strengthened data protection and digital rights.

Citizens' Contribution to Establishing Social Equality

1.Raise your voice against discrimination

Discrimination is practiced in society based on caste, religion, gender, or economic status. Citizens should speak out against injustice and make efforts to end discrimination.

2.Assist the needy with legal aid

Many people are unaware of their rights. It is vital to assist them in obtaining free legal representation and raising awareness about their rights.

3.Change your thinking and embrace the values of equality

To achieve equality, one must adjust one’s own thinking. Every individual has an obligation to treat everyone fairly and avoid discrimination.

4.Run educational and public awareness campaigns

To raise knowledge of equality, conversations should be held in schools, universities, and social organisations. Workshops and seminars should be used to educate people on the need for equality.

5.Engage in public policy

Citizens should help to make anti-discrimination policies more successful by voting, raising awareness, and communicating with local government officials.

6.Offer economic and social assistance

It is vital to assist underprivileged populations, offer them with economic opportunities, and connect them with social organisations that advocate for equality.

7.Balanced and Responsible Media Use

Media should be used to effect positive change. The transmission of misinformation should be avoided in order to promote concepts of social equality.

Conclusion

Zero Discrimination emphasises the common responsibility for creating a society based on equality and fairness. While laws provide protection, true change requires citizens to recognise constitutional rights and advocate for their fair and effective execution in order to preserve dignity and fundamental freedoms.

Promoting equality through education, legal literacy, and social awareness is critical to society advancement. Adv. Abdul Mulla  reflections on his platforms www.asmlegalservices.in and www.lifeandlaw.in emphasise informed citizenship and a collaborative commitment to furthering equality without prejudice.

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