The world’s oldest and largest democracy is known for the value attached to the Fundamental rights. But thebdifferences between them on the different adjectives of Fundamental rights is also easily noticeable. The difference between USA and India with respect to Right to equality can be traced from its introduction in the constitution. In the USA, right to equality was inserted in the Bill of Rights through fourteenth Amendment in 1868, While in India, it was inserted since the commencement of the constitution.
American Constitution
• It follows the notion of Equal Protection of Law i.e., Equals should be treated alike and unlike should be treated equally.
• Equality in Representation: Members from each state attained the session in equal number regardless of the population, area or any other criteria.
• No Provision for Affirmative action. Thus, Focus was more on Equality of Opportunity.
• Right to equality does not provide any social equality in America.
The Original Constitution did not prevent racial discrimination against African Americans.
Indian Constitution
• It follows the notion of both: Equality before law and Equal protection of Law. Equality before law means no one is above Law.
• In India, number of representatives attending the session from a state is as per the population of the state.
• There is a provision for affirmative action in article 15 and 16 of the constitution. Thus, focus was on Equality of Outcome.
• Indian constitution provides equality to the Minorities under Article 29 and 30.
• Prevents discrimination and abolishes untouchability as contained in article 17 of the constitution.
Right to Equality is important to address the Inequalities based on income, sex, age, disability, sexual orientation, race, class, ethnicity, religion. It is important to understand that people are not equal, but they are of equal value. They have equal rights and are equal before the law. These human rights are an important principle of any democratic society.