Article 15 of Indian constitution

Article 15 of Indian constitution

Article 15: Part III of the Indian Constitution contains Article 15. Information about Indian citizens’ fundamental rights is provided in this section. One of the fundamental rights of the people in our nation, the right to equality, was advanced with the introduction of Article 15.

According to Article 15, neither the State nor its inhabitants may discriminate against anybody on the basis of caste, sex, religion, race, or place of birth. The State has the authority to establish specific arrangements to help the weaker members of society, according to the constitution.

Article 15 of Indian constittution

Why was Article 15 of the Indian Constitution Introduced?

Since ages, there has been widespread discrimination in India based on caste, religion, race, sex, and place of birth, hence it was vital to include this article in the Constitution.

One of the main social ills that existed in our culture was the caste system. The caste a person belonged to greatly influenced how they were regarded. The Brahmins, for example, were regarded as members of the elite class. Everyone regarded them with reverence. They were given the greatest professions in the society and led comfortable lives.

The Shudhras, on the other hand, were so regarded as inferior as to be known as the untouchables. They were despised by those from other castes. They are not permitted to visit temples or eateries.

Similar to this, pre-independence society’s treatment of women was appalling. They were prohibited from working outside the home and were primarily limited to household chores. Not even sent to school were girls. The other listed variables, such as colour, religion, and place of birth, were also the subject of discrimination. It was crucial to put an end to this prejudice. In order to improve the social standing of the society’s weakest members, Article 15 also permits specific arrangements for them.

Article 15 (1)

A citizen cannot be subjected to discrimination by the State solely on the grounds of their race, religion, sex, caste, or place of birth.

Article 15 (2)

  1. forbids Indian citizens from discriminating against other people based only on their race, religion, sex, caste, or place of birth. No citizen shall be subject to any restrictions or requirements with respect to:
  2. access to public entertainment venues such as malls, stores, hotels, and restaurants.
    Utilization of public facilities such as tanks, wells, roads, and bathing ghats that were partially or entirely financed by public tax.

Article 15 (3)

The State has the authority to create particular arrangements for women and children, according to Article 15(3). This article does not forbid the State from acting in this manner.

Article 15 (4)

The State is allowed to provide special measures for Scheduled Castes, Scheduled Tribes, and other socioeconomically and educationally disadvantaged groups, according to this article. The State is free to enact such rules in accordance with this article.

Article 15 (5)

This sub-article was later added. a result of the article’s change in the year 2018. It happened when the government announced a 10% reservation in colleges and universities for the socially and economically poorer segments of society.

This section states that nothing in this article prevents the State from establishing specific guidelines for admission into educational institutions (private, public, or government-aided) for members of the Scheduled Caste, Scheduled Tribes, and other socially and economically disadvantaged groups.

Acts of the Government Implementing Article 15

To implement Article 15 of the Indian Constitution, the government has created unique programmes and laws. These programmes seek to eliminate prejudice and strengthen the less fortunate segments of society. Here are some examples of these plans:

Act of 1989 to Prevent Atrocities Against Scheduled Castes and Scheduled Tribes

No one from the SC and ST group may be discriminated against, according to this statute. Additionally, they wouldn’t face any violence simply because they belong to this community.

Article 15 of the Rights of Persons with Disabilities Act, 2016, supports favourable differentiation in order to strengthen the weaker members of society and guarantee equality. The Right of Persons with Impairments Act of 2016 was created to support and empower those who suffer from mental and physical disabilities. It resulted in particular arrangements for these persons to raise their social position.

1956 Hindu Succession Act

This law was developed specifically to improve the position of women in Indian society. According to this law, discrimination against women that restricted their ability to own property has been eliminated. a standardised system of succession and inheritance established by means of this statute.

Hindu women were granted full control over their property when it was put into effect. They have the right to keep it, dispose of it, or utilise it anyway they see fit. In our society, men already possessed this privilege.

Sexual Harassment of Women at Workplace Act, 2013

At work, sexual harassment of women is a common occurrence, and they aren’t even permitted to speak up against this injustice. The Sexual Harassment of Women at Workplace Act, 2013, was put into place to support women and make the workplace a safer place for them.

Women are encouraged by this law to speak out against workplace sexual harassment. They have every right to report such incidents. Actions against the offenders are swift and severe.

Many additional measures have also been implemented for the benefit of the underprivileged group. Others have made proposals that might be enacted shortly.

Consequences of Going against Article 15 of the Indian Constitution

A person is subject to penalty under Indian law if they violate the rules outlined in Article 15. The gravity of the situation determined the type of punishment applied. For example, a person who discriminates against members of the Schedule Caste or Schedule Tribes may be sentenced to prison time and pay a hefty fine.

Initiatives to Raise Awareness of Article 15

Under Indian law, practising discrimination is against Article 15 and is subject to severe penalty. People need to be made aware of what Article 15 says for this reason. People won’t take precautions and refrain from engaging in such an activity until they are aware of it. The government should take steps to educate the people about Article 15 and the repercussions of disobeying it. The following are some potential actions to promote this agenda:

Awareness in Colleges and Schools

It is crucial to educate the public about their rights, obligations, and proper behaviour that should be adhered to from an early age. The easiest method to achieve this is to introduce kids to it at school. Every few months, special lessons should be arranged to inform the pupils about Article 15. Its significance should be emphasised in such classes. To raise awareness of the issue, it is also necessary to mention the results of defying the same.

Children frequently imitate what they observe in their homes and in society. Children frequently acquire and assimilate this discriminating behaviour since it is still prevalent in society at all levels.

Awareness at Work Place

Workplaces must also do awareness campaigns to sensitise employees about Article 15, just like in schools. The purpose of this document and why it is crucial to follow it must be fully explained to employees.

In-depth explanations of the repercussions of disobeying this fundamental mandate are also necessary. Organizations must also create regulations to penalise those who violate Article 15. This is an effective method of preventing unfair discrimination.

Bollywood’s role in raising awareness of Article 15

Bollywood just launched the film Article 15. The film, in which Ayushmaan Khurana played the major part, demonstrated how discrimination continues on the basis of caste, race, sex, religion, and place of birth. It attempted to educate people on Article 15’s requirements and to compel them to speak out against anyone who violated them.

Bollywood is a fantastic tool for connecting with the common audience. The film outspokenly denounced unjust prejudice and encouraged viewers to quit engaging in it as well as condoning this behaviour.

Conclusion

Article 15 has included in the Indian Constitution to create a better society. The government must take special initiatives to ensure it implemented well. Article 15 holds the basic fundamental right of a democracy that is Right to equality. click here

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FAQ

What are the exceptions given in Article 15 of the Constitution? 

While Article 15 prohibits discrimination on the grounds of sex, special provisions for women and children are permissible. State institutions created exclusively for women, or special places reserved for women in public transport or places of entertainment do not violate Article 15.

women’s right of Article 14, Article 15 , Article 15 (3) can not be violated because Right to freedom of religion are not absolute right.
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
FR available only to citizens and not to foreigners.
If you were arrested during the events that resulted in Article 15 penalties, you may face consequences in your civilian life. This is because arrests may be reported to the FBI. You can ask your commander to help you ask the FBI to remove the record of your arrest, or you can submit a request under privacy laws.
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Because an Article 15 is a relatively bad mark to have on your record, upon separation it is possible to get discharged with a characterization below honorable – and that can in turn affect future benefits like your GI Bill. An Article 15 is a potentially serious event in a member’s life.
There are three grounds for appeal: (1) there was not enough evidence to find you guilty; (2) the punishment imposed was too severe; or (3) the commander did not follow proper procedures. The commander considering your appeal can overturn a finding of guilty, lessen the punishment or keep the punishment the same.

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