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 places 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.
(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.
(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—
- (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
- (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.
Explanation.— For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.
What is Article 15 of the Constitution of India?
Article 15 is part of the Fundamental Rights under the Indian Constitution, which guarantees equality before the law and protection against discrimination. This article 15 specifically prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This article 15 is crucial in promoting fairness and social justice in India.
The article 15 outlines various provisions aimed at preventing discrimination in different areas of public life, from accessing public places to ensuring equal opportunities in education and employment. It sets a legal foundation for a society where every citizen is treated equally, regardless of their background.
Article 15(1): Prohibition of Discrimination
Article 15(1) of the Constitution clearly states that the State (government) cannot discriminate against any citizen on the grounds of religion, race, caste, sex, or place of birth. This provision is essential because it ensures that everyone is treated equally by the government and public institutions. It promotes fairness and equality in all aspects of life, from getting a job to accessing public services.
Everyone should have the same rights and opportunities, no matter who they are or where they come from. It guarantees that all citizens, irrespective of their background, can access the same rights and opportunities.
Article 15(2): Equal Access to Public Places
Article 15(2) ensures that no citizen is denied access to public places such as shops, hotels, restaurants, places of public entertainment, or any other facilities meant for public use, solely based on their religion, caste, sex, or place of birth. This provision is a significant step towards eliminating segregation and discrimination in public life.
This provision is crucial for ensuring that public spaces should be accessible to everyone, regardless of their background. By doing so, Article 15(2) aims to promote a more inclusive society where all people can interact freely in public spaces without fear of exclusion or bias.
Article 15(3): Special Provisions for Women and Children
While Article 15 generally promotes equality, it also allows the State to make special provisions for women and children. This means that the government can create specific laws and policies that help protect and support women and children, who may face unique challenges in society. The State is allowed to make laws or provisions specifically aimed at the welfare and advancement of these groups.
For example, there may be laws protecting women from violence or to ensure that children receive proper education and care. These special provisions aim to help these groups achieve better equality and social justice.
Article 15(4): Advancing Backward Classes
Article 15(4) enables the government to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes (SCs) and Scheduled Tribes (STs). These groups have historically faced discrimination and social exclusion, so this provision helps them get equal access to education, employment, and other opportunities.
By creating laws or policies that support these groups, the government works towards reducing inequality and ensuring that everyone has a fair chance to succeed in society.
Article 15(5): Provisions for Educational Institutions
Article 15(5) extends the protection against discrimination to educational institutions. The State can make special provisions to support the admission of socially and educationally backward classes, including SCs, STs, and Other Backward Classes (OBCs), into both government and private educational institutions.
However, this does not apply to minority educational institutions, which are protected under clause (1) of Article 30. The provision ensures that everyone, regardless of their background, has a fair chance at accessing quality education, which is a critical step towards ensuring long-term equality.
Article 15(6): Special Provisions for Economically Weaker Sections
A more recent addition to Article 15 is the inclusion of provisions for the economically weaker sections (EWS) of society. Article 15(6) allows the State to create laws or policies that help economically disadvantaged individuals, who may not belong to any specific caste or religion but are still facing financial challenges.
This includes providing additional opportunities for these individuals in education including private educational institutions and employment, such as a ten percent reservation in government institutions. This provision ensures that economic disadvantage is also considered in the pursuit of equality.
Why is Article 15 Important for India?
Article 15 plays a crucial role in promoting equality and social justice in India. Here’s why it’s so important:
- Equal Access to Opportunities: Article 15 ensures that no one is denied opportunities in education, employment, or public services based on their personal background. This promotes fairness and gives everyone, regardless of their identity, an equal chance to succeed.
- Preventing Discrimination: By prohibiting discrimination in public places and services, Article 15 helps to prevent social exclusion and segregation. It creates a more inclusive society where everyone is treated with dignity and respect.
- Supporting Marginalized Groups: Special provisions for women, children, and backward classes help address historical disadvantages and support groups that have been socially and economically oppressed. This ensures that these groups can access the same rights and opportunities as others.
- Creating a More Just Society: By providing affirmative action, such as reservations in education and employment, Article 15 ensures that people who have been historically marginalized have the opportunity to improve their lives. It promotes a more just and equitable society.
Impact of Article 15 in Daily Life
Article 15 has a significant impact on everyday life in India. Whether you are applying for a job, seeking admission to an educational institution, or using public services, the principles of Article 15 ensure that you will not be treated unfairly because of your religion, caste, gender, or place of birth.
For example, if you are applying for a government job, your application will be evaluated based on your qualifications and skills, not your background. Similarly, you can use public facilities like roads, hospitals, and educational institutions without facing discrimination.
Conclusion
Article 15 of the Constitution of India is a vital safeguard against discrimination. It ensures that all citizens have equal rights and opportunities, regardless of their religion, race, caste, sex, or place of birth. By allowing for special provisions for marginalized groups, it also supports social justice and promotes equality.
This article 15 is key to building a society where fairness, equality, and inclusion are valued, and where everyone can live with dignity and respect. Understanding and supporting the provisions of Article 15 helps contribute to a more just and progressive India.