Equality is the fundamental right of all the Indian citizens as per the Indian Constitution. And Article 15 takes this right further by prohibiting discrimination against all Indians based on caste, religion, race, place of birth or sex.
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.
Article 15 Under Part III Of Constitution
Article 15 of the Indian Constitution falls under Part III that deals in the Indian citizens’ fundamental rights. Articles 12 through 18 entirely deal with the various issues that fall under the “right to equality.”
Article 15 Clause (1)
It directs the State not to conduct any act of discrimination against any citizen of India on the grounds of race, religion, sex, place of birth or caste.
Article 15 Clause (2)
The second clause of Article 15 prohibits horizontal discrimination which also indicates that not only the State but even other individuals as well cannot discriminate on the basis of race, religion, caste, place of birth or sex.
Both these clauses prevent state and the citizens from denying access to an Indian to public restaurants, shops, hotels, wells, tanks, public resort, and places of public entertainment.
In this case, the term places of public entertainment or resort include a public road, public park, bus, theater, etc. In legal terms, discrimination is the creation of an adverse distinction or making unfavorable distinguishment.
So according to Article 15 Clause 1 and 2, any law that makes discrimination against anyone on the basis of above-mentioned grounds will be considered void.
Article 15 Clauses That Offer Special Provisions
Apart from the first two clauses Article 15 also has several other clauses that are quite different from the first two ones and offer special provisions.
Article 15 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.
Article 15 Clause (4)
This clause is also an exception to Article 15 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.
Article 15 Clause (5)
Clause 5 of Article 15 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.
Article 15 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%.
