Indian Constitution

Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
    (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
    (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
    (a) access to shops, public restaurants, hotels and palaces of public entertainment; or
    (b) the use of wells, tanks, bathing ghats , roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
    (3) Nothing in this article shall prevent the State from making any special provision for women and children
    (4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

Article 16 in The Constitution Of India 1949

16. Equality of opportunity in matters of public employment
    (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
    (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State
    (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment
    (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State
    (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination
17. Protection of certain rights regarding freedom of speech etc
    (1) All citizens shall have the right
    (a) to freedom of speech and expression;
    (b) to assemble peaceably and without arms;
    (c) to form associations or unions;
    (d) to move freely throughout the territory of India;
    (e) to reside and settle in any part of the territory of India; and
    (f) omitted
    (g) to practise any profession, or to carry on any occupation, trade or business
    (2) Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
    (3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub clause
    (4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub clause
    (5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe
    (6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,

Article 25(1) in The Constitution Of India 1949
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly

People claim to know about the rights given by the Indian constitution but most of them don’t know about these nothings provided by amendments. These are the amendments which have been the reason of bone of contention. When you talk about different rights, you will come to know about the power of Parliament or the power of state legislature. You run here and there at the outset but then you concede that oh the State has been given this power and either you prefer to sit still or your claim gets dejected on the reference of these grounds by the court.

SC/ST/OBC/ EBC/ EWS/Women reservation
As everyone knows about this reservation issue there is nothing new to write about. It has been saviour for so many people but if you go deeply it has been suicidal too. You can’t claim for your right even though you try because these Articles of the constitution which are above mentioned will come in between.

Article 25 has been like a weapon for the politicians and religious extremists. On the name of propagation of religion there are many disbeliefs are created and there has been lots of differences among people. One side DPSP talks about Article 44 UNIFORM CIVIL CODE and thereafter it leaves the loophole in Article 25. Now this Article has been an object for dividing the votes. Nowadays, it has been the favourite topic for our politicians.

You go through the INDIAN PENAL CODE, 1860

375. Rape—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following de¬scriptions:-
     Sec 375 (3) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
     375 (4) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law¬fully married.

CODE OF CRIMINAL PROCEDURE, 1973
Cognizable offence – an offence in which a police officer can arrest without warrant and without orders of a magistrate in accordance with a first schedule or any other law time being in force . The Cognizable offences are serious in nature such as Rape, Murder, Dowry death, Kidnapping, Theft, Criminal Breach of Trust, Waging or attempting to wage war or abetting the waging of war against the government in India. MALE persons are charged falsely( I respect the court order but many times the charges are falsely implicated and he is arrested without getting the warrant and without knowing the fact that he has done the act or not then he experiences the disparity for the very first time. Family members face lots of torment and grief while proceeding and the society declares them culprit before the judiciary pronounces the order.

The above articles which are mentioned have been a depiction only. When you go through the Indian laws you see many contrasts. Laws are always people centric but somehow they must be presented in the manner we get some clarity. One hand, you give the right and the very other hand there is some inadequacy or omission or extra cherry over the cake. We are having the scope of amendment but the amendments are not that much easier to rely on. Law of India is slow and steady and it takes years long battles to make amendment.

Eventually, it has been comprehensible that there the law of India gives multiple points to defend or oppose. There is a lot of obscurity a common man won’t be able to understand. On the other hand, it has been like freebies which are mentioned to allure people at the time of election. Open appeal is made that if I come in power I will give reservation to this section. I will include this section in SC, ST, OBC, WOMEN, EWS, MINORITY etc. The politicians show their power which has been guaranteed by the constitution. The nothing in the Acts……… has given them competency to portray their power in this manner. Supreme Court is also not taking any action even though so many petitions have been filed for restraining these campaigning interests of the politicians. Democracy prevails but the question always lies behind the means which are used to upheld the idea of democracy.