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Article 15: Prohibition on Discrimination - Prof. Dutta, Lecture notes of Constitutional Law

Maharashtra National Law University Constitutional Law
Prof. Soumalya Dutta

A detailed analysis of article 15 of the indian constitution, which prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It covers the key clauses of article 15, including the exceptions and interpretations by the supreme court. The scope and application of article 15, highlighting landmark judgments that have shaped its interpretation. It explores the concept of discrimination, the distinction between legislative differentiation and discrimination, and the state's obligations to prevent violations of fundamental rights by private individuals. The document also delves into the special provisions for women and children under article 15(3), and the court's expansive interpretation of this clause. Overall, this comprehensive analysis offers valuable insights into the constitutional safeguards against discrimination in india.

Typology: Lecture notes

2023/2024

Uploaded on 08/05/2024

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Article 15
Beaten by Teacher For Touching Water Pot, Dalit Boy Dies of Injuries in Raj's Jalore;
Internet Cut in Area,
•A nine-year-old Dalit boy died on Saturday after he was beaten up allegedly by a teacher
for touching a drinking water pot in a private school in Jalore district of Rajasthan
Tribal woman burnt alive in Madhya Pradesh succumbs, July 2 incident over a land dispute in
Madhya Pradesh’s Guna was filmed by a group of villagers, July 9, 2022.
Article 15
Clause (1) to Clause (6)
Clause (4) of Art. 15- added by 1st Constitutional Amendment Act, 1951-
Socially and Educational Backward Classes
Art. 15 (5)- Added by 93rd Constitutional Amendment Act, 2005
Art. 15 (6)- Added by 103rd Constitutional Amendment Act, 2018
Article 15- Prohibition on Discrimination
Article (1)- Restriction on State-
It prohibits State from discrimination of any citizen on grounds of;
Religion
Race
Caste
Sex
Place of Birth
Or any of the above
However, legislative differentiation are not discriminatory.
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Article 15

Beaten by Teacher For Touching Water Pot, Dalit Boy Dies of Injuries in Raj's Jalore; Internet Cut in Area,

  • A nine-year-old Dalit boy died on Saturday after he was beaten up allegedly by a teacher for touching a drinking water pot in a private school in Jalore district of Rajasthan Tribal woman burnt alive in Madhya Pradesh succumbs, July 2 incident over a land dispute in Madhya Pradesh’s Guna was filmed by a group of villagers, July 9, 2022.

Article 15

 Clause (1) to Clause (6)  Clause (4) of Art. 15- added by 1st Constitutional Amendment Act, 1951- Socially and Educational Backward Classes  Art. 15 (5)- Added by 93rd Constitutional Amendment Act, 2005  Art. 15 (6)- Added by 103rd Constitutional Amendment Act, 2018 Article 15- Prohibition on Discrimination Article (1)- Restriction on State- It prohibits State from discrimination of any citizen on grounds of;  Religion  Race  Caste  Sex  Place of Birth  Or any of the above However, legislative differentiation are not discriminatory.

  • A.15 applies the general principles of equality before law embodied in Art. 14 to specific situations. CLAUSE (1)
  • The right guaranteed in clause (1) is conferred on a citizen as an individual and is available against his being subjected to discrimination in the matter of rights, privileges and immunities pertaining to him as a citizen.
  • “discriminate against” means “ select for unfavorable treatment ”
  • Discrimination in this sense involves an element of prejudices.
  • Discrimination against one person necessarily involves discrimination in favour of others. Nain Sukh Das v. State of U. P., AIR 1953 SC 384
  • The petitioners, who were residents of a municipality, alleged that they had been deprived of their rights to exercise their votes and to seek their election as candidates in certain by elections to the Municipal Board, as those by-elections were held on communal lines on the basis of separate electorates.
  • Hon’ble apex court invalidated an act of the state legislature that provided for elections on the basis of separate electorates for members of different religious communities. Anuj Garg v. Hotel Assn. of India, AIR 2008 SC 663  In this case, they challenged the constitutional validity of Section 30 of the Punjab Excise Act, 1914 which prohibited the employment of any man under the age of twenty-five years or any woman in any part of an establishment in which liquor or any other intoxicating drugs were consumed by the public.  The court has invalidated a law that prohibited the employment of women in any part of premises where liquor was served because it made sex-based discrimination.

Charu Khurana v. UOI, AIR 2015 SC 839  The bye-laws framed by the Cine Costume, Make-up Artists and Hair dressers Association, under section 21-A of the Trade Union Act, 1926 restricted the membership of the association only to men.  Striking down the Bye-Laws as offending the constitutional mandate against sex discrimination, the Apex court referred to the Directive Principles of State Policy as also the Fundamental Duties contained in Part IV and Part IVA, respectively. While the former provides for a guidance to interpretation of fundamental rights, latter say of the collective duty of the state. Devika Biswas v. UOI, AIR 2016 SC 4405  The Apex Court ruled that the policies and incentives schemes, in promotion of their family planning programme, were to made gender neutral and that the unnecessary focus on female sterilization be discontinued.  It has been observed that a society that does not respect its women cannot be treated to be civilized.

  • Voluntary Health Asso. V. UOI, AIR 2013 SC 1571 CLAUSE (2)
  • “Shop” includes-
  • Anumugam servai v. State of T. N., (2011) 6 SCC 405
  • In this case, Hon’ble Justice Katju condemned the practice in Tamil Nadu tea shops of having different kinds of tumblers for serving tea to Scheduled Castes and others and directed the police and administration to take action against it.
  • On grounds “Only”- two interpretation
  1. The prohibited ground should not be the only or sole consideration for discriminatory treatment.
  2. The effect or operation of the statute which is the determining factor and not its purpose or motive.

 The object behind Clause (2) of Article 15 is to guard against the menace of discrimination which can possibly be practice, in a country like India, on a vast scale and relentless manner.  People Union of Democratic Rights v. UOI, AIR 1982 SC 1473

  • The Supreme court ruled that whenever any fundamental right, which was enforceable against private individuals was being violated, it would be the constitutional obligation of the State, to take necessary steps, for the purpose of interdicting such violation and ensuring observance of the fundamental right by private individual who was transgressing the same. CLAUSE (3)
  • Nothing in this Article 15 shall prevent the State from making any special provision for women and children.
  • Article 15(3) is an exception to Article 15(1)
  • It is an enabling provision
  • It should be read with DPSP- Art. 42 and Art. Govt. of A.P. v. P.B. Vijayakumar, (1995) 4 SCC 520
  • The court gave new dimension to Art. 15(3) by holding that reservation for women in state employment was also permissible under that provision notwithstanding separate provision in this regard Art. 16.
  • In this case the AP govt. rule which provided for- 1) preference for women in jobs better suited for them; 2) preference up to 30% for women in jobs for which they are equally suited with men; and 3) direct recruitment to posts reserved exclusively for women was upheld.
  • Court reiterated that it is to strengthen and improve the status of women.