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How does the Constitution of India protect equality and prohibit discrimination?
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The Constitution of India protects equality and prohibits discrimination through its framework of fundamental rights, which are designed to advance social and economic justice.
Constitutional Protections
- Right to Equality: Articles 14–18 explicitly guarantee equality to all citizens. Notably, Article 17 abolished the practice of "untouchability," a discriminatory social practice rooted in caste hierarchies.2
- Prohibition of Discrimination: The Constitution prohibits discrimination based on caste, race, religion, gender, or place of birth.1
- Gender Equality: The framework encourages equal pay for equal work regardless of gender and mandates respect for the dignity of women as a fundamental duty of citizens.12
- Affirmative Action: To address historical marginalization, the Constitution provides for reservations in government employment and educational institutions for Scheduled Castes and Scheduled Tribes.1
Judicial Oversight
The Supreme Court of India plays a vital role in upholding these principles by determining the constitutional validity of legislation. Through landmark judgments, the court has expanded protections, such as recognizing the right to livelihood and decriminalizing consensual same-sex relations.34