Friday, June 22, 2018


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.



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