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NON-DISCRIMINATORY STATE
Vinod Anand | 12 Aug 2011

The Constitution guarantees right to equality and expressly forbids discrimination on the ground of religion, race, and caste, sex, etc. (Articles 14, 15, 16, 17 and 29(2), Constitution of India).

ALL CITIZENS have right to vote irrespective of their religion (Article 325) and no one is prohibited from contesting an election or occupying any office on account of his religion. The anti-discriminatory provisions are applicable to actions of the State and the word ‘State’ as defined in article 12 includes all government, semi-government, statutory bodies which act as instrumentalities or agencies of the State. The Constitution forbids discrimination on grounds of religion, race, caste, sex, place of birth, etc. even in respect of access to shops, public restaurants, hotels and places of public entertainment or use of

General public availabilities [Article 15(2)]

 

The exemptions to Non-Discriminatory Nature are briefly mentioned below:

 

·        Compensatory Discrimination: The only exception to such non-discriminatory provisions is the provision for compensatory discrimination in favour of socially and educationally backward classes of people and Scheduled Cates and Scheduled Tribes([Article 15(4) and 16(4];

·        Existence of Personal Laws: This is an important source of discrimination on the ground of religion of various personal laws based on religion applicable to various communities. The Constitution enjoins the State to provide a uniform civil code(Article 44) but no progress in that direction has so far been made;

·        Minority Rights: The Constitution guarantees special rights to the minorities based on religion or language in article 29 and 30. Article  29 provides that any section of  the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to converse them.

The Constitution guarantees right to equality and expressly forbids discrimination on the ground of religion, race, and caste, sex, etc. (Articles 14, 15, 16, 17 and 29(2), Constitution of India). All citizens have right to vote irrespective of their religion (Article 325) and no one is prohibited from contesting an election or occupying any office on account of his religion. The anti-discriminatory provisions are applicable to actions of the State and the word ‘State’ as defined in article 12 includes all government, semi-government, statutory bodies which act as instrumentalities or agencies of the State. The Constitution forbids discrimination on grounds of religion, race, caste, sex, place of birth, etc. even in respect of access to shops, public restaurants, hotels and places of public entertainment or use of

General public availabilities [Article 15(2)]

 

The exemptions to Non-Discriminatory Nature are briefly mentioned below:

·        Compensatory Discrimination: The only exception to such non-discriminatory provisions is the provision for compensatory discrimination in favour of socially and educationally backward classes of people and Scheduled Cates and Scheduled Tribes([Article 15(4) and 16(4];

·        Existence of Personal Laws: This is an important source of discrimination on the ground of religion of various personal laws based on religion applicable to various communities. The Constitution enjoins the State to provide a uniform civil code(Article 44) but no progress in that direction has so far been made;

·        Minority Rights: The Constitution guarantees special rights to the minorities based on religion or language in article 29 and 30. Article  29 provides that any section of  the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to converse them.