The Constitution of India plays a transformational role i.e., to do away with the vices, discrepancies, and injustices in the society. The Constitution of India has a major goal to attain social justice for all individuals. The constitution is transformational in the sense that it evolves and transforms according to the changes and needs required in society. Thus, the constitution is always at work in order to bring about justice in society. The constitution tends to adjust itself to the changing requirements of society in order to be able to govern and regulate at all times.
DIMENSIONS OF ARTICLE 14
Earlier according to the needs of the society, reservation policy was formulated in order to abridge the gap which existed between various classes, castes, gender etc. creating inequalities. Therefore, in order to balance the same, the concept of equality was framed to bring such unequal sections of society to the same line. But, after years of success of the concept of equality, such features are working negatively in the country as those unequal sections of society which have already brought to a balanced level, are given excessive rights which are often being misused.
The constitution has an activist dimension as it has an activist magnitude to transform the society based on principles of equity, justice, a good conscience, reasonableness, and non-arbitrariness. The entire concept towards constitution and legal interpretation changed and the interpretation now became purposive interpretation in light of the essential constitution purpose and the essential inviolable spirit of the constitution. With respect to Article 14, now the essential test was not merely ‘reasonable and just’ rather the first test now became the test whether the law violates essential spirit of constitution or not. Once, that test is passed, then comes the test of reasonable classification. This change of approach towards interpretation towards article 14 is what is called ‘the new concept of equality’.
The word ‘any person’ in Article14 of the Constitution extends to the protection of aliens while within the territory of India. The use of the words “any person” is in the context of legislation in general and executive action affecting group rights is construed to mean persons who are similarly situated. Equal Protection of the laws’ means the protection of equal laws for all the persons similarly situated. Therefore, not merely reserved class, who have till today advanced to a certain level where most of the times they do not require the benefit of reservation. Similarly, not merely women require special laws but also other excluded genders who are victims of similar crimes. Thus, the need of the hour is to the protection of ‘all persons’ who are similarly situated.
In Anwar Ali Sarkar, it was also held that the application of Article14 cannot be precluded on the basis of whether there was clear evidence of the Legislature’s intention to discriminate, and held that the application of Article 14 is premised on whether discrimination is a necessary consequence of the statute. Where the classification is prima facie violative of constitutional provisions, there cannot be any presumption in favor of the state, it has to support the classification. Therefore even though there is no intention of the Legislature to discriminate but still the particular classification of genders conflicts with the idea of the basic structure of the constitution.
RULE OF LAW
Rule of law is a part of the basic structure of the Constitution. It constitutes the core of the Constitution that exercises the power by the State, whether it be the Legislature or the Executive or any other authority, it should be within the constitutional limitation. Rule of law is a dynamic concept that delivers social justice to the vulnerable sections of the community and nobody shall be denied right and justice.
The fundamental right to equality in Article 14 has been so construed as to make the concept of reasonableness and non-arbitrariness pervades the entire constitutional scheme as a golden thread through the whole fabric of the constitution.
REASONABLENESS
In order to satisfy the test of article14, every State action must be informed by reason and it follows that an act uninformed by reason is arbitrary. Reasonableness depends upon the relevance of a reason for a particular action. Article 14 contemplate “reasonableness” in State action, the absence of which would entail the violation of Article 14.
A departure from a non-statutory policy would not be arbitrary where the special circumstances of a case justify such departures in the public interest, e.g., where relaxation from the merit test was made in the case of posts reserved for candidates of the S.C. or S.T., having taken into consideration the facts that owing to unavailability of qualifying candidates in that category, from year to year.
It was also held in the case of Ajay Hasia v. Khalid Mujib that the reasonable classification is not the end of equality, rather it is only one tool of equality. The real test is not a technical test instead it is to examine the essence of the constitution and if any law provides for unreasonable and arbitrary powers, the law will be per se struck down on the face of it, even if it makes a reasonable classification. This development is a new approach to constitutional perception and is not limited to Article14. Even in Article 21 and other provisions, the same development has taken place.
LANGUAGE OF THE STATUTES
Language plays a vital role in determining the idea and attitudes behind anything. A Legal Glossary is one of the most essential tools to assert the purpose behind any statute or provision. There is no space for language indicating misogynist or misandry ideas especially in a country where the edifice of the constitution has to be built upon the concepts crystallized in Preamble which advocates for ideas like equality, liberty, fraternity, etc. Therefore, the use of words in certain statutes is gender-biased like ‘he shall’, ‘she shall’ etc., especially in section 375 of the Indian Penal Code (IPC) which uses specific pronouns like ‘sex by a man with a woman’, without her consent’ etc. Thus, the language of the statute should be gender-neutral in nature so it can be interpreted within a wide ambit.
FEMINISATION OF LAWS
Though Article 15 (3) of the constitution of India contemplates that there is an exception to the laws regarding women and children. During earlier times, there was massive discrimination existing against women, due to which the need of the hour was framing and thereby, active functioning of strict laws in favor of the woman in order to bring them equal rights and laws granted in favor of men. But in today’s world, the situation has become quite different as even though there are still crimes existing against women but merely framing special laws for them and ignoring the other genders of society who face similar kinds of crimes is a form of discrimination.
On the same lines, there are various statutes like the Protection of Women from Domestic Violence Act, 2005, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 375 of IPC, etc. Not only women but various other kinds of gender face such crimes at a large scale, but still there is no mention of them.
NEED FOR EQUITY
The constitution already has a feature of equality embedded in it which used to serve the purpose of the constitution earlier when massive discriminations were existing in the society but currently, the need of the hour is Equity and not equality as equity helps to classify different types of people on basis of their respective needs and not merely treating them equally irrespective of their special needs or requirements which is just destroying the basic purpose of the constitution i.e. to have a fair and just society. Earlier, in order to balance the differences, there was a need to equalize people so as to bring them to the same level, but now they have come far away from such imbalances and thus, there is a need for equity in society.
CONCLUSION
Thus in light of Article 14 and it’s essential features, it should be interpreted in a more analytical way after understanding the current needs of the society. Thus, socio-justice, special protection and upliftment of the vulnerable sections is an essential dimension of the above provisions. The state can devise different methods of social justice as per its own policies which includes affirmative action and protective discrimination. A just, fair and equitable social order needs to be established. The measures to do social justice in a wise measure will result into promoting fraternity. It is manifest in the preamble also states that social justice and equality promotes fraternity and fraternity assures unity and integrity of nation and also dignity of the individual. There is a need to do a overhaul in the society and education becomes the most important tool for that purpose, particularly value education, the socio, psychological milieu of the society has to be changed.
In order to fulfill the main goals of constitution framers, there is a stringent need to transform the constitution which is always working for justice and fairness in the society. Thus, to remove existing discrepancies in society and also, to maintain a fair framework, we must inculcate the idea of equity in the constitution.
