Article 15: Discrimination against the person
Article 15
a movie is going to be released on Article 15 of the Indian constitution. This movie is based on the “Dalit atrocities” and discrimination against the person of this particular caste.
Article 15 comes under Part III in the Constitution of India, which deals with the fundamental rights of the citizens of India. India is the country of vast disparity. It is divided by religion, caste, region, language, food and clothing but united by the homogeneity, humanity and the spirit of the constitution of India has entitled certain rights to every citizen of the country.
Equality is the fundamental right of all the Indian citizens as per the Indian Constitution. It takes this right further by prohibiting discrimination against all Indians based on caste, religion, race, place of birth or sex.
Clause (1)
It prohibits the state from discriminating against a citizen only on grounds of religion, race, caste, sex, place of birth.
The use of word only means that discrimination on other grounds is not prohibited.
Clause (2)
Article 15(2) elaborates that no Indian citizen can be discriminated against on the s of religion, race, caste, sex, place of birth. It states that no citizen shall be denied access to shops, public restaurants, hotels and palaces of public entertainment. It also adds that no citizen shall be subject to any disability, liability, restriction or condition with the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
So according to Article 15 Clause 1 and 2, any law that makes discrimination against anyone on the basis of the e-mentioned grounds will be considered void.
There are three exceptions to this general rule of non-discrimination.
Clause (3)
Just as the first two clauses lay down the rules against discrimination Article 15 Clause 3 comes across as an exception to the rules put down by the earlier clauses. Clause 3 gives the State the power to make special provisions for children and women. For example, maternity relief. This clause does discriminate on the basis of gender but still does not violate clause 1 of Article 15 because it comes under special provision benefit.
Clause (4)
This clause is also an exception to Article Clause 1 and 2 as it gives the state the power to make special provisions for promoting the interests as well as the welfare of those who are socially and educationally backward including SCs and STs. This clause was added after the amendment of Article 15 by the constitution in 1951.
Clause (5)
Clause 5 of Article takes Clause 4 forward and gives the State the power to make special provisions in the areas of giving admissions into educational institutions including private educational institutions irrespective of whether they are aided or unaided by the State.
Clause (6)
The sixth clause was added this year that gives the State power to make special provisions for those from the Economically Weaker Sections (EWS) other than those mentioned in clauses 4 and 5 regarding admission to educational institutions including private educational institutions.
It gives reservation to the economically backward section of the society and will be in addition to the existing reservation with a capping restricted at maximum 10%.
Despite the constitution of Article 15, it is quite an irony that India is still struggling to curb down the incidents of discrimination based on gender and caste. Even today, women from specific communities or castes are brutally raped and murdered.
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