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| Right to Equality | | | DR.GQ SHEIKH
Right to equality (samanata) is by and large extremely useful right without which happiness is impossible. RtE (Right to Equality) is the faith and creed of our democratic republic. RtE forms the foundation of socio-economic justice. It is also necessary to ensure the dignity of every individual .Therefore, equality and equal opportunity in every aspect of human activity have been recognised since time immemorial. The idea of equality in the article 14 of the constitution provides:-
"The state shall not -deny to any person equality before the law or equal protection of the laws within the territory of India"
"Equality before law", is more or less negative concept implying the absence of any special privilege in favour of individuals and the equal subjection of all classes to the ordinary law. The other expression "equal protection of the laws" is more positive concept implying equality of treatment in equal circumstances. Equality exhibits equal among the equals. The principle of equality as enshrined in our constitution is not a mere guideline or recommendation but a fundamental provision which imposes on the obligation to find out if the legislative, executive and administrative authorities' have respected the equality of all individuals. The Vedas constitute the primordial source of dharma. Charter of equality (samanata) is found incorporated in the Rig-Veda, the most ancient of the Vedas, and also in the Atharvananeda. They are worth quoting. "No one is superior (ajyestasa) or inferior (akanishtasa).All are brothers (ete bhrataraha). All should strive for the interests of all and should progress collectively, (Sowbhagaya Sam va vridhuhu). (Rig-Veda mandala -5, sukta-60, mantra-5). However, equal protection of the laws guaranteed by article 14 does not mean that all the laws must he general in character. In certain cases the states are obliged to accept laws or take administrative measures which differentiate between individuals and they cannot be said discriminatory .Thus article 14 permits reasonable classification but prohibit class legislation. According to the general principle of equality, article 15 of the constitution specifically prohibits discrimination on the grounds of religions, race, caste, sex or region.
Thus the right to equality of all human beings has been declared in the Vedas, which are regarded as inviolable. In order to emphasize the dignity of the individual, it was said that all are brothers. No one is superior or inferior. Similarly, the Atharvananeda stressed that all have equal right over natural resources and all were equally important like spokes of the wheel. Both the Rig-Veda and Atharvananeda declared that co-operation between individuals are necessary for happiness and progress.
The right to equality in ISLAM
Islam not only recognises absolute equality between men irrespective of any distinction of colour, race or nationality but makes it an important and significant principle, a reality. Holy Quran declare, "O mankind, we created you from a male and female." In other words, all human beings are brothers to one another. They all are the descendents from one father and one mother. "And we set you up as nations and tribes so that you may be able to recognise each other" (49:13).This implies that the division of human beings into nations, races, groups and tribes is for the sake of distinction, so that people of one race or tribe may meet and be acquainted with the people belonging another race or tribe and cooperate with one another. This division of the human race is neither meant for one nation to take pride in its superiority over others nor is it meant for one nation to treat another with contempt or disgrace, or regard them as a mean and degraded race and usurp their rights. "Indeed the noblest among you before God are the most heedful of you" (49:13). Superiority on one individual over other is of purity of character and high morals and not on the basis of colour, race, language or nationality.
Assuming airs of superiority is in itself a reprehensible vice which know God fearing and pious man can ever dream of perpetrating .Nor does the righteous have more privileged rights over others, because this runs counter to human equality. From the moral point of view, goodness and virtue is in all cases better than vice and evil (Abul A'la Mawdudi).
Almighty has given man this right of equality as a birth right. Let the human beings bear the presence of each other with equi-animo and be a brick of another one supporting the other.
In conclusion, right to equality (RtE) signifies to live with dignity and honour safeguarding the interests of each community as guaranteed by our constitution. All religions teach to live and let live. To preach and spread hatred by one community for other is inhumane and unconstitutional. If animals remain within the ambit of their instincts why human beings have gone down the ladder. |
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