Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 January 2021
Pankhuri Dhruvastha 03 February 2021
Right to equality is enshrined as a fundamental right under Article 14 of the Indian Constitution. It is derived from AV Dicey’s Rule of Law. However, this fundamental right is not absolute and has certain exceptions to it.
Essentially, Article 14 permits classification but prohibit class legislation. This implies that the equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that every law must have universal application as all persons are not in the same position or same circumstances. In Chiranjit Lal v Union of India (AIR 1951 SC 41) it was held that “the varying needs of different classes of persons often require separate treatment”. Furthermore, identical treatment in unequal circumstances would amount to inequality (Jagjit Singh v. State, AIR 1954 Hyd 28). So, a reasonable classification is not only permitted, but is necessary for the society to progress.
In addition to this, The Constitution of India itself provides multiple provisions for safeguarding the rights of women and children:
For instance, Several acts such as Dowry Prevention Act have been passed including the most recent one of Protection of Women from Domestic Violence Act 2005.
It is also pertinent that the history of oppression and lack of representation of women in India has also led to the legislature drafting a bill which proposes to amend the Constitution of India to reserve one-third of all seats in the Lower house of Parliament of India, the Lok Sabha,, and in all state legislative assemblies for women. Whether reservation for women in Parliament is the right tool for empowerment may be debatable, it is certainly true that women of this country have a long way to go before they can achieve their potential. They are hampered by low levels of education, lack of access to health care, lack of employment, and low social status.
Therefore on the basis of aforementioned arguments and reference to relevant legal provisions and precedents, we may conclude that the Government making special provisions for the protection of women and children falls within the purview of the State’s long term goal of achieving equality.