Truth
Vs. Reality
This thought is in the
context of a few current happenings.
The legal system will
command respect from all sections of society when and only when all the
citizens irrespective of political or official or financial power or position
or status or religion or any other factor get the same treatment under law
without any differentiation, whatsoever.
The concepts
of 'Equality before Law' and 'Equal Protection of Law' are comprised in Article
14 - Right to Equality in the Indian Constitution. While the originating
concept is the same, i.e., every citizen of India is equal in all aspects,
however, the two above mentioned concepts are interpreted as slightly different
in their nature.
It has been widely agreed that "Equal protection by law" is a corollary
of "Equality before Law". The concept "Equality before Law"
envisages that basically, the State cannot deny anybody equality before the
law. This is more of a restriction on the State, i.e., it will treat everyone
in the same manner. No distinction on the basis of caste, creed, religion, or
any other factor will be shown by the State in determining our rights and
status before the State. The concept "Equal protection of Laws"
is a more positive concept implying equality of treatment in equal circumstances.
That equals must be treated alike is the underlying factor.
So, they are the two wings of the same bird. They fly in the same
direction. Firstly, the State cannot differ between any one and
you, and in equal circumstances, and secondly, you and anyone else are
to be provided the same rights and protection measures by the State.
The above was the intention of the framers of the Indian Constitution. But how
today's society interprets ‘Equality’ or what is the ground reality, is totally
another matter. About that, the less said, the better. A mere look at the
current society will tell the reality.