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Constitution
Constitutional law

Article 15 of the Indian Constitution

This article is written by Devansh Sharma , Nikunj Arora and has been updated by Naincy Mishra . This article deals with a detailed explanation of Article 15 of the Constitution, its various aspects, evolution and related judicial pronouncements.

It has been published by Rachit Garg.

Table of Contents

Introduction

The Constitution of India guarantees various rights to its citizens, including no discrimination on account of religion, race, caste, or place of birth. Part III of the Indian Constitution establishes this right under the heading of Fundamental Rights. In India, religion and caste-based discrimination have existed for a very long time. In every part of India before independence, discrimination was evident, whether through untouchability or the division of upper and lower castes. Discrimination still exists today; however, the consequences of such discrimination are much more severe and punishable.

According to the 8th Schedule of the Constitution, India recognises a total of 22 languages. But in reality, there are more than 1,500 languages spoken in India other than the official languages of Hindi and English. The Hindi language is spoken by roughly 44.63 percent of the Indian population. Diversity often leads to differences of opinion, and those differences of opinion sometimes lead to discrimination. A major source of discrimination in India is caste discrimination, which still occurs in some parts of the country. Traditionally, the general divide in society was between the lower castes and the upper castes. There had been untouchability for the lower castes. India has now outlawed this rule because it is so unacceptable.

The stories of women being beaten up for drawing water from wells, people being harassed if their shadow falls on other men, devotees being stopped from entering the temple, and being beaten up for touching idols of gods have become a common affair in newspaper headlines whenever I go through one. It seemed to me like a nightmare that has compelled me to look into the provisions in force that prohibit such differentiation.

A number of cases involving discrimination are based on a variety of variables. Caste and religion have been the major causes of discrimination in India for most of its history. The practice of discriminating on the basis of gender is not new either. This includes discriminating against women as well as LGBTIQA+ individuals. Decriminalising Section 377 of the Indian Penal Code, 1860 , in 2018 marked the first step in recognising the LGBTIQA+ community. A discriminatory act causes emotional pain, mental distress, and social isolation. Article 15 of the Constitution has been widely needed and has existed ever since it came into force. There are five clauses in Article 15 that specify types of discrimination that are strictly prohibited.

This article examines the provisions of Article 15 of the Indian Constitution, which protects its citizens from discrimination of any kind. Considering India has so many religions, beliefs, languages, cultures, etc., and has such a diverse population, there is no doubt that discrimination can occur in such a country. Thus, the purpose of Article 15 is to protect the rights and interests of citizens.

Scope of the word ‘discrimination’

Discrimination occurs when you are distinguished or treated in a less favourable manner than another person under similar circumstances, or if you are disadvantaged by being placed on equal footing with another under different circumstances, for example, because you are disabled or pregnant. This action cannot be reasonably and objectively justified.

Article 15 restricts discrimination on the grounds of:

Religion – It means that a state or any group cannot discriminate against a person on the basis of religion from accessing any public place or policy.
Race – A person should not be discriminated against on the basis of his/her ethnic origin. For example, a citizen of Afghan origin should not be discriminated against by those of Indian origin.
Caste – It prohibits the discrimination on the basis of caste. Generally, it is to prevent atrocities committed by the upper caste.
Sex – No individual should be discriminated against on the basis of their gender. For example, discriminating against females, transgenders, etc.
Place of birth – The place where an individual is born should not become a reason for discrimination.

Often, the word ‘Discrimination’ is perceived to be contrary to the principles of equality. Individuals tend to confuse discrimination with a breach of equality. Can something that is disadvantageous and against the general classification of the individual be taken as discrimination? The answer remains ‘NO’. The Supreme Court has observed in the following cases that every classification does not constitute discrimination in the first place.

In the case of Kathi Raning Rawat v. State of Saurashtra (1952) , special courts under the Saurashtra State Public Safety Measures Ordinance 1949 were set up by the state of Saurashtra to adjudicate on the matters of Section 302 , Section 307 and S ection 392 read with S ection 34 of the Indian Penal Code (IPC), 1860. The contention brought before the court was that these provisions are discriminatory for the residents depending upon the territory.

The court stated that all kinds of legislative differentiation are not discriminatory. The legislation did not refer to certain individual cases but to offences of certain kinds committed in certain areas, and hence it is not discrimination.

In another significant case of John Vallamattom v. Union of India, (2003 ) , the petitioners were prevented from bequeathing property for religious and charitable purposes by the Indian Succession Act 1925 . The petitioner contended it to be discriminatory against the testamentary dispositions by a Christian.

The Supreme Court stated that the Act was to prevent people from making injudicious death-bed bequests under religious influence but had a great impact on a person desiring to dispose of his property upon his death. Hence, the legislation is clearly discriminatory, as the properties of any Hindu, Muhammadan, Buddhist, Sikh, Jain or Parsi were excluded from the provisions of the Act. Further, the respondents could not provide any acceptable reasoning as to show why the provision regulates religious and charitable bequests of Christians alone.

When the concept that a reasonable classification can never amount to discrimination is clear, we suddenly get stuck by the idea of reservation. Is it not discriminatory to differentiate between two candidates who are appearing for the same post or exam with the same qualifications? What allows provisions for such differentiation to be made?

Overview of Article 15 of the Indian Constitution

In India, Article 15 protects citizens from racism, untouchability, and various forms of discrimination based on religion and gender. In India, caste discrimination is the type of discrimination that is most prevalent. Discrimination and untouchability are a result of caste division. Untouchability is now an offence in India; however, in some areas due to a lack of legal awareness and caste beliefs, people still face untouchability. It is assumed that those born in lower castes are considered lower than those born in higher castes, and this leads to discrimination against them. Such discrimination is described as an offence in Article 15 and those found guilty of the offence are punished. In order to facilitate the economic advancement of the socially and economically backward sections of India’s citizens, the Constitution of India provides reservations to the Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

Interestingly, in 2019, the Central Government introduced the 124th Constitution Amendment Bill (2019) in Parliament in order to provide reservations to economically weaker sections (EWS). The bill was intended to provide a 10% reservation in higher education and government employment to EWS. Consequently, the Constitution (One Hundred and Third Amendment) Act, 2019 was passed and thus, Article 15 was amended to include clause (6). This was done to provide equal opportunity to EWS, as they had been disadvantaged economically and socially due to pre-independence discrimination and difficulties.

Besides discrimination on the basis of backwardness, Article 15 also addresses gender-based discrimination. For a long time, women have been fighting for their rights and opportunities, and slowly, these provisions are gaining recognition despite the fact they have existed since the 1950s. Thus, the scope of this article extends to women too, which provides them with special protection in order to achieve the aforementioned objective of equal rights.

Clause 1 of Article 15 of the Indian Constitution

As stated in Article 15(1) , there shall be no discrimination against any citizen of India on the basis of religion, race, caste, gender, or place of birth. Despite the fact that castes are divided into scheduled castes/tribes, backward classes, no one should be discriminated against. As a broad term, discrimination has many aspects, and it is unjust. People of lower castes, like Dalits have been the target of unjust treatment in numerous instances. Based on the survey by the Hindu, there has been an increase of 6% in unfavourable bias towards Dalits since 2009.

There are laws to protect them, including the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , but still, cruelty occurs towards the SCs/STs in certain parts of the country. In some situations, the lower caste people face many troubles, such as women being raped and people being killed as a result of protests and caste-related conflicts. In September 2020, a gang rape case took place in Hathras, a district in Uttar Pradesh, in which a 19-year-old Dalit girl was raped ( Satayama Dubey & Ors v. Union of India, 2020 ).

Additionally, Dalits are also often targeted for atrocities for no apparent reason. For example, there was a case where the houses of 18 Dalits were set on fire in April 2010. The incident occurred because of a dog barking at a higher-class man. Several laws have been passed over the years to protect the rights of people, but discrimination still exists. One of the major reasons for this can be a lack of appropriate punishments and an inability of people to adapt. Only when people agree completely with what is enacted in law will we be able to end discrimination against them.

The scope of this clause is very wide. It is levelled against any State action in relation to the citizens’ rights, be it political, civil or otherwise. The prohibition of discrimination on grounds such as religion or caste identities does not deny the pluralism of Indian culture but rather preserves it.

Article 15(1) ensures that religion shall not be the ground for any disqualification or discrimination in any public matter. In State of Rajasthan v. Pratap Singh (1960) , an order under Section 15 of the Police Act 1861 was under question, which declared certain areas as ‘disturbed areas’ and made the inhabitants of those areas bear the cost of posting additional police. It was held that the provision violates Article 15(1) insofar as it exempts the ‘Harijan’ and ‘Muslim’ inhabitants of those areas from such liability, without assigning any reason for the exemption.

In Danial Latifi v. Union of India (2001) , the Apex court upheld the validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986 , holding that the liability of the husband to provide “reasonable and fair provision and maintenance” under Section 3(1)(a) of the Act is not limited to the exact period. If it is permitted to be so limited, then the Act would violate Article 15 as it excludes the Muslim women alone on the basis of their religion from getting maintenance in reasonable provision from their divorced husband.

Due to the vast geographical diversity in India from north to south and from east to west, certain regions of the country face discrimination based on their race or ethnicity. The first step towards abolishing racial discrimination was taken by the passing of the Criminal Law (Removal of Racial Discrimination) Act 1949 on the eve of the commencement of the Constitution. By this Act, the privileges which were enjoyed by the Europeans and Americans under the British regime, relating to matters of criminal law and procedure, were taken away.

In Sanghar Umar Ramval v. State of Saurashtra (1952) , a law of Saurashtra was under consideration which restricted the movement of certain communities by insisting on their reporting to the police daily. It was held to be invalid because it was a discrimination based on race.

The word ‘caste’ is not an indigenous Indian term. It comes from the Portuguese word ‘casta’ which has various meanings. In the Indian context, it may be taken to mean a ‘Jati’ i.e., a group having a common name, common origin, hereditary membership and which is linked to one or more traditional occupations. It imposes certain obligations and restrictions on its members in matters of social intercourse and demonstrates having a more or less determinate position in a hierarchical scale of ranks. In Ashok Kumar Thakur v. Union of India (2008) , it was held that ‘caste’ is often used interchangeably with the term ‘class’ and it can be called one of the basic units in the social stratification.

In Balaji v. State of Mysore (1963) , it was held that where the persons in whose favour a discrimination is made as to belonging to the backward classes under clause 4 of Article 15, the discrimination will be void if it is solely based on caste consideration and not on economic or social backwardness. Moreover, in Rajendran v. State of Madras (1968) , it was held that if the members of the caste as a whole were socially and educationally backward, then the reservation in favour of a caste under Article 15(4) would not be unconstitutional.

Gender

The Article guarantees that the State shall not discriminate between citizens only on the grounds of sex while simultaneously retaining an exception in Article 15(3) to enable the State to make ‘special provisions’ for women. It is important to note that neither a male nor a female can be discriminated against, as per the general law under Article 15(1). In the case of Rani Raj Rajeshwari v. State of UP (1954) , a provision under the UP Courts of Wards Act (1879) was under question wherein, a male proprietor could be declared incapable of managing the property on five grounds mentioned therein. Moreover, he was also given an opportunity of showing cause as to why such a declaration should not be made, while a female proprietor could be declared incapable of managing her property on any ground, and there was no opportunity to even show cause. This provision was held to be discriminatory.

In Navtej Singh Johar v. Union of India (2018 ) , Justice DY Chandrachud noted that Article 15 prohibits discrimination, direct as well as indirect, which is founded on a stereotypical understanding of the role of sex. It was observed that the usage of the word ‘sex’ in Article 15(1) encapsulates stereotypes that are based on gender. It was observed that sexual orientation is also covered within the meaning of ‘sex’ in Article 15(1) because (i) non-heterosexual relationships question the male-female binary and gendered roles that are attached to them; and (ii) discrimination based on sexual orientation indirectly discriminates based on gender stereotypes, which are prohibited by Article 15. Therefore, a law that directly or indirectly discriminates against an individual based on sexual orientation is constitutionally suspect. It was also pointed out that the common thread that runs through the grounds mentioned in Article 15 is that they impact the personal autonomy of an individual.

Place of birth

This ground in effect declares ‘provincialism’ to be unlawful. It says that in no public matter, there can be discrimination by any authority against a citizen of India on grounds of his birth in any particular part of India. In State v. Husein (1951) , Section 27(2A) of The Bombay Police Act (1951) was held to be violative of Article 15(1) and thus void on the ground that it discriminates between persons born in Greater Bombay and those born outside Greater Bombay.

Clause 2 of Article 15 of the Indian Constitution

Under Article 15(2) , it is prohibited for an Indian citizen to discriminate against another Indian citizen on the grounds outlined in Clause (1). Article 15(2)(a) provides that citizens should not be prevented from accessing public places, such as shops, restaurants, hotels or any other place which is open to the general public solely because of their religion, race, caste, gender, place of birth, or any other similar basis.

Article 15(2)(b) states that no individual can restrict another individual on the basis of religion, race, caste, gender, or place of birth from using septic tanks, wells, roads, or any other public facility maintained by the state funds or specifically designated for public use. This provision explains how discrimination should be prevented instead of being practiced. Any discrimination mentioned above shall be prohibited and unlawful. It is illegal and unjust to restrict or prevent access to a public place established by the state exclusively for public use.

Clause (2) of the present Article is levelled not only against the State but also against the private individuals who may be in control of the public places mentioned in the clause. It is worth noting that Article 15(2) is not self-executing, i.e., the provision will remain nugatory unless legislation is made in order to make it operative. Importantly, the Protection of Civil Rights Act 1955 has made a violation of Article 15(2) punishable only if exclusion from such places by a private individual is committed on the ground of untouchability. Thus, it is unknown what will happen if a citizen is excluded on the grounds of his race, caste or sex from using a well dedicated to the public by another private person. Moreover, an action under Article 32 is also difficult to succeed because the Apex Court has held that remedy is only against State action and not against private individuals.

Clause 3 of Article 15 of the Indian Constitution

Article 15(3) provides that the state may continue to make laws that provide special provisions for women and children. In Yusuf Abdul Aziz v. State of Bombay (1954) , an adultery charge was filed against the appellant under Section 497 of the Indian Penal Code, 1860. In this case, the main issue was to determine whether Section 497 of the Indian Penal Code, 1860, is in contradiction with Articles 14 and 15 or not. This case presented the argument that Section 497 of the Indian Penal Code, 1860, dictates that adultery can only be committed by men and that women cannot even be punished as abettors. As a result of this argument, there was a contradiction with regard to whether this was in violation of Article 15, which prohibits discrimination based on gender. However, it was further stated that Clause (3) of Article 15 clearly states that nothing contained in Article 15 limits the state’s ability to make special provisions for women and children.

Additionally, it was argued that Article 15(3) should not shield women from the threat or commission of crimes. Additionally, in this case, the appellant was not even a citizen of India. Thus, the appellant, in this case, could not invoke Articles 14 and 15 because the fundamental rights can only be granted to Indian citizens. Therefore, the appeal was dismissed.

Further, in Paramjit Singh v. State of Punjab (2009) , the petitioner was elected as a Panch for a seat that was reserved exclusively for the women of Scheduled Castes. The petitioner challenged the election of respondent number 5 as Sarpanch, on the grounds that she was not eligible to contest for the elections of Sarpanch which were reserved for the SCs and not SCs (women), because the respondent was elected as Panch for Gram Panchayat only against the reserved seat for SCs (women). It was ruled that, if the seat of the Sarpanch for a village was reserved for Scheduled Castes, then both men and women belonging to those categories could stand for election for the Sarpanch’s post because the eligibility was basically being a Scheduled Caste and representing the constituency as Panch.

This clause is in the nature of an exception to clause (1) and provides that notwithstanding clause (1), it would be permissible for the State to make “special provision for women and children”. This exception is not confined to beneficial provisions only and any special provision that the State considers necessary in the interest of women, whatever its nature may be, would be valid under this clause. Thus, Article 15(3) can be considered a charter for affirmative action in favour of women and children.

In Govt. of A.P. v. P.B. Vijaykumar (1995) , it was held that Article 15(3) also sustains reservation for women because it is a special provision to support women with a view of promoting equalisation of their status. In this case, a provision relating to the Andhra Pradesh State and Subordinate Service Rule, 1996 was under question which provided that in cases where women and men are equally suited, preference is to be given to the women, ‘other things being equal’ in order to select for direct recruitment to an extent of at least 30% of certain specified posts.

In V ijay Lakshmi v. Punjab University (2003) , the reservation of posts for women in women’s colleges and hostels was held valid.

National Commission for Women – By the National Commission for Women Act 1990 , the Indian Government has set up a Commission to examine and report on “all matters relating to the safeguards provided for women under the Constitution and other laws”, including suggestions for improving the existing safeguards.

Special provision for Women and Children

The thought of this legislation being carte blanche (complete freedom to act as one wishes) to impose differential benefits ostensibly to the advantage of women at the cost of burdening men may ponder in your mind. But it is justified as it compensates for the early injustice met by women and children at the hands of a male-dominated society. Right to free and compulsory education for children under the age of 14 years, Section 56 of the CPC 1908 , the Maternity Benefit (Amendment) Act 2017 , etc. are some of the best examples of such provisions.

In the case of Rajesh Kumar Gupta v. State of Uttar Pradesh (2005 ) , the U.P. government made provision for providing a reservation BTC training programme as follows:

50% of the candidates to be selected shall be from the Science stream,
50% from the Arts stream,
further 50% would be female candidates,
And the other 50% would be male candidates.

This reservation format was contended to be arbitrary and violative of Article 15. The Apex Court held that the reservation format introduced was not warranted by the provisions of the Indian Constitution, being over and above the constitutional reservations in favour of backward classes.

Whereas in Union of India v. K.P. Prabhakaran (1997) , the railway administration took the decision to appoint enquiry cum reservation clerks in four metropolitan cities, i.e., Mumbai, Delhi, Kolkata, and Chennai. The decision stated that the post would be held by women only. The court rejected the contention of the government, urging that this provision is protected under Article 15(3) . It said that Article 15(3) cannot be read as a provision or as an exception to what is guaranteed under Article 16(1)(2) .

These cases clearly explain the applicability of the phrase ‘Special provisions for women and children’ in matters ranging from reservation to education and employability. But what if there are laws that differentiate or prefer women over men? Can it be called discrimination?

In the case of Girdhar v. State (1953 ), the petitioner was convicted under Sections 342 and 354 of the Indian Penal Code. The petitioner claimed that, as there are no provisions relating to assault against men with the intention to outrage his modesty, providing such laws for women is discriminatory. Section 354 is contrary to Article 15(1) . The petition was dismissed, stating that the law was in consonance with Article 15(3) .

In Choki v. The State of Rajasthan (1957 ) , Mt. Choki and her husband conspired and murdered their child, the application for bail was presented on the plea that she was an imprisoned woman, with no one to look after her young son. The judge rejected the application saying that there were no extenuating circumstances and the Constitution has no provisions under which leniency could be shown to women on account of their sex. The same was challenged before the Supreme Court.

It was held that Article 15(3) talks about special provisions for women and children. And under the light of this provision, Mt. Choki was granted bail as she was a woman and there is a young child dependent on her; thus, it became necessary for the state to protect the rights of the child.

Women and sexual harassment under Clause 3 of Article 15 of the Indian Constitution

Clause 3 of Article 15 also allows the government to frame special laws regarding the protection of women and the abolition of sexual harassment. Sexual harassment is a clear violation of the fundamental rights of equality guaranteed under Article 14(2) and Article 15(3). The sexual harassment of women that had become a frequent story of everyday newspapers was dealt with by the Supreme court in the famous Vishaka & Ors v. State Of Rajasthan (1997) and this case led to the formulation of what we call as the Vishakha guidelines.

Clause 4 of Article 15 of the Indian Constitution

Article 15(4) stipulates that nothing in Article 15 or Article 29(2) prevents the state from creating special provisions for socially and educationally backward classes of citizens, or the STs/SCs. There were two major instances that motivated the inclusion of such a clause in Article 15. First, in the State Of Madras v. Srimathi Champakam (1951) , it was the government of Madras that issued an order setting out how seats would be allocated in medical and engineering colleges based on a student’s community and caste. Upon examination, it was determined that the order violated Clause (1) of Article 15 which stated that seats were allotted based on castes of students and not merit. The seven-judge bench then overturned this order that allotted seats based on caste and not merit.

Secondly, in Jagwant Kaur v. State of Maharashtra (1952) , the construction of a colony solely for Harijans was considered to be violative of Article 15(1). Clause (4) under Article 15 was thus introduced for the purpose of helping the socially and educationally disadvantaged citizens without violating any other provisions.

Furthermore, Article 29(2) [which is also mentioned under Article 15(4)] indicates that no citizen of India is discriminated against when applying for admission to a state-run educational institution or receiving financial aid out of state funds based on their religion, caste, race, or language. Therefore, Article 15(4) is not an exception but rather a special provision for socio-economically and educationally backward sections of society.

It was held by the Supreme Court in A. Periakaruppan v. State of Tamil Nadu (1971) that classifying socially and educationally backward classes on the basis of caste was in violation of Article 15(4). According to the Court, it was, however, necessary for the conditions of such a class of people to change, as that was the main reason for providing them with a reservation. In Balaji v. State of Mysore (1963) , the Mysore Government issued an order and decided to provide 68% reservation for students belonging to backward classes for their admissions in medical and engineering colleges. The government left only 32% of reservations for students getting admission on merit. Because of this reservation, students with higher marks than those in the reserved category failed to obtain a seat. In the opinion of the Court, the categorisation of backward and even more backward classes was not justified under Article 15(4). In order to be considered ‘backward’, both socially and educationally backward can be included. Clause (4) of Article 15 does not talk about caste but class. Additionally, the Court stated that reserving 68% of seats in medical and engineering schools would constitute constitutional fraud, as Clause (4) of Article 15 prohibits exclusive provisions for backward classes. Therefore, reservations could not exceed 50%.

The Supreme Court in State of AP v. USV Balaram (1972) held that caste should not be a determining factor in whether a person belongs to a backward class. The backward class shall be defined as an entire caste that is both socially and academically backward. Further, the Supreme Court stated that in the event a backward class improves educationally and socially to such an extent that it no longer requires special aid from the state, the list of backward classes will automatically be updated.

In the State of UP v. Pradeep Tandon (1974) , the Apex Court held that providing reserved seats to students who live in rural areas was unconstitutional. It cannot be justified under Clause (4) of Article 15. In this case, the state of Uttar Pradesh was providing reservations in medical colleges to students from rural areas, hilly regions, and students from Uttarakhand. According to the Supreme Court, reservations for students from hill regions and Uttarakhand were valid since the people from these areas are socially and educationally backwards due to a lack of awareness and inadequate facilities for education. The Court stated that the rural area does not represent a backward social or educational status, and poverty does not equate to backwardness in rural areas.

Clause (4) provides for ‘special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes’. Article 15(4) was inserted by the Constitution (First Amendment) Act in the year 1951. The amendment was introduced in order to enable the government to make special provisions for backward classes. The special provision may be by way of reservation of seats in public educational institutions. This amendment brings Article 15 and Article 29 in line with Articles 16(4) , 46 and 340 .

This clause strengthens the concept of promoting the socio-economic empowerment of the disadvantaged. Social equality is realised through the facilities and opportunities given to them to live with dignity and equal status in society. Economic equality also gives empowerment as a measure to improve excellence in every walk of life. This being the objective, what is required to be kept in mind while adjudging the constitutionality of the scheme/rule of reservation is the equality and adequacy of representations as per the percentage prescribed by the rules or administrative instructions.

Clause 5 of Article 15 of the Indian Constitution

Article 15(5) states that nothing in Article 15 or Article 19(1)(g) prevents the government from making special legal provisions to improve the lives of socially and educationally backward citizens, as well as those from Scheduled Castes and Scheduled Tribes. In some cases, special provisions may apply to the admission of backward classes, SCs, and STs in educational institutions, either private or public, with or without state funding, except for those minorities identified in Article 30(1) . Under Article 19(1)(g) of the Indian Constitution, every citizen of the country is free to follow any profession, trade, business, or occupation of their choice. There is a provision in Article 30 that expresses the right of every minority in India to establish and administer schools of their choice, regardless of whether the minority is religious or linguistic. The Supreme Court decided that Article 15, Clause 5, did not violate Article 14 of the Constitution. Indian citizens are guaranteed equality before the law and equal protection within the territory of the country under Article 14.

This clause was inserted by virtue of the Constitution (Ninety-Third Amendment) Act 2005 . The constitutionality of this amendment was challenged in the Ashok Kumar Thakur case (supra), and the Apex Court upheld the amendment so far as it relates to the State maintained institution and aided educational institutions. It was further declared that backward classes falling under the “creamy layer” would not benefit under the amendment, and the state was directed to remove the “creamy layer” backward classes from the ambit of Article 15(5).

It was also observed that the classification on the basis of caste in the long run has the tendency of inherently becoming pernicious, and hence the test of reasonableness has to be applied. It was held that when the object is the elimination of castes and a society free from discrimination based on caste, judicial review within permissible limits can’t be ruled out.

Clause 6 of Article 15 of the Indian Constitution

In 2019, the Parliament enacted the Constitution (One Hundred and Third Amendment) Act , which inserted Clause 6 in Article 15, enabling the State to make special provisions for the advancement of any economically weaker section of citizens, including reservations in educational institutions. It states that such reservations can be made in any educational institution, including both aided and unaided private institutions, except minority educational institutions covered under Article 30(1) . It further states that the upper limit of EWS reservations will be 10%.

In the case of Janhit Abhiyan v. Union of India (2022) , the Supreme Court, with a 3-2 majority, upheld the 103rd Constitutional Amendment providing EWS reservation. With this, the Court extended the net of reservation benefits to include solely economic backwardness.

Affirmative action

“Affirmative Action” is a phrase that refers to attempts to bring members of underrepresented groups, usually groups that have suffered discrimination, into a higher degree of participation in some beneficial programme. Affirmative action includes some kind of preferential treatment. Another term often associated with affirmative action is “reverse discrimination” which means “a difference in treatment that reverses the pattern of earlier discrimination”.

The principle of affirmative action, also called reverse discrimination, was established and general guidance is provided in Article 46 of the Indian Constitution under Chapter IV (Directive Principles of State Policy) . Article 46 directs the State to promote the educational and economic interests of the weaker section of the people with special care, in particular the SC and ST. Moreover, it directs the state to protect them from social injustice and all kinds of exploitation.

The ruling of the Hon’ble Supreme Court in the Champakam Dorairajan case (supra) as discussed above, was reversed by the Constitutional First Amendment of 1951. Regarding ‘affirmative action’, it was held in the case of Indira Sawhney v. Union of India (1992) that, among others, the concept of equality before the law contemplates minimizing inequalities in income, status, facilities and opportunities, not only amongst individuals but also amongst groups of people, securing adequate means of livelihood for its citizens and ensuring the constitutional direction as given in Article 46. Thus, to bring about equality among the unequal, it is necessary to adopt positive measures to abolish inequality. The equalising measures will have to be the same tools by which inequality was introduced and perpetuated. Otherwise, equalisation will not be for the unequal. It was further held that the very concept of equality implies recourse to valid classification for preferences in favour of the disadvantaged classes of citizens to improve their condition, so as to enable them to raise themselves to positions of equality with the more fortunate classes of citizens.

Reservation

On research, we find that Article 15 Clauses (3), (4), and (5) themselves stand as an exception to Article 15 Clauses (1) and (2). Article 15 Clauses (3), (4), and (5) state that the legislature is free to formulate special provisions:

For women and children,
For the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes,
Make provision relating to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions.

Though being the exception to the legislation that forbids discrimination on grounds of sex and caste, this does not come under discrimination. Rather, the term ‘Protective Discrimination’ (also known as Positive Discrimination) is used by the legislators to justify reservation and is defined as the policy of providing an equal platform to the underprivileged and suppressed classes and to lift their status in the society. This system of reservation works on the principles of intelligible differentia (difference capable of being understood).

You might think that, though this theory helps resolve problems of social inequality, what about the sensitive jobs requiring a greater skill set (the medical field, the army, etc.)? Should reservations be allowed in those sectors? Isn’t it wise to keep such fields outside the scope of reservation?

Reservation in Medical Colleges

The thought of not allowing reservations in certain sensitive areas of practice would cause the sector to be monopolized by the privileged classes. Reasoning doesn’t stand on the factor of skills, it stands on the factor of circumstances.

Let us take an example, imagine Ramu is a boy of the underprivileged class whose ancestors and parents have been deprived of education due to discrimination from the upper classes. Ramu has no one in the family to guide him, even then he appeared in medical exams; whereas another boy Vicky, belonging to the upper class, has parents who are well qualified and have been in elite professions. Vicky was constantly guided and mentored by his parents and he also appeared in the exam. Even in such a hypothetical story, our conscience explains that there must be some provisions to place Ramu on equal footing with Vicky to allow him to compete fairly.

In Ajay Kumar v. State of Bihar (2019) , the issue was raised regarding the permissibility of providing reservation under Article 15(4) in postgraduate medical courses. The contentions raised by the appellant were that Article 15(4) neither speaks nor permits reservation in educational institutions. While certain preferences and concessions can be given, reservation of seats is beyond the limits of clause (4) of Article 15 of the Constitution of India. The appeal was rejected by the court as special provisions also include reservation provisions and not just preferences and concessions.

On the basis of domicile

After we comprehend the above provisions, the concept of reservation might seem fairer but reservation on the basis of domicile still remains as a pricking concept. What allows the state to formulate laws that differentiate individuals on the basis of domicile, and what needful purpose does this kind of reservation serve?

As we find out, in India the preferential policy is of two types:

The first is to impart special benefits to the socially and educationally backward classes, scheduled classes and scheduled tribes.
The second is to provide special benefits to the local ethical groups of the state against the migrants from the other states.

This provision does not count as discrimination under the purview of Article 15 as reservation on the basis of domicile is not one of the grounds of Article 15. Article 15 defines “place of birth” as a ground of discrimination but reservations based on domicile generally fall under “place of residence” which is outside the bounds of “place of birth”. The place of birth and place of residence can be different for a single individual.

Reservation within Reservation

The concept of reservation within the reservation is a condition where reservation is provided to a particular class which is already under a reservation category. For example, A man belonging to a particular community of Schedule castes is entitled to reservation for SCs but what if the community that he dwells from is more underprivileged as compared to the other communities of the SCs category?

Is it justified to make them stand on par with others? Thus the concept of reservation within reservation emerged to uplift those underprivileged communities of the reserved categories. Current examples of such reservations are the Maratha reservation in Maharashtra which already falls under the OBC reservation in Maharashtra, the Jat reservation demands in Haryana, and the 7% reservation of Madiga community under SCs reservation .

Area-wise reservation : Article 371

There are also some special provisions for specific states. There are certain articles in the Constitution of India which provide for special state provisions and allow for the formulation of the area-wise reservation to provide opportunities and facilities for the local people of the state in the matters of public employment and education, and different provisions might be for different parts of the state.

The following table mentions Articles of the Constitution which favour for ‘special provisions’ for different states:

	Special provisions for the states of Maharashtra and Gujarat.
	Special provisions for the state of Nagaland.
	Special provisions for the state of Assam.
	Special provisions for the state of Manipur.
	Special provisions for the state of Andhra Pradesh.
	Special provisions for the state of Sikkim.
	Special provisions for the state of Mizoram.
	Special provisions for the state of Arunachal Pradesh.
	Special provisions for the state of Goa.
	Special provisions for the state of Karnataka.

Special provision for the advancement of backward class : Article 15(4) of the Indian Constitution

Coming onto the next clause, i.e. Clause (4) of Article 15 of the Indian Constitution. It allows the state to enact laws and provisions relating to the advancement of socially and educationally backward classes and the scheduled castes and scheduled tribes.

Is Article 15(4) a Fundamental Right

There is no doubt that Article 15(4) belongs to Part III of the Constitution, which contains fundamental rights. However, all of the provisions in Part III do not constitute a fundamental right. Some provisions are merely descriptive and the other provisions are concerned with the effects of fundamental rights on the existing or future laws. There are also provisions for enforcement and implementation of the fundamental rights, in addition to those that provide exceptions to the fundamental rights. It is because of this variety of provisions that the validity of Article 15(4) continues to be questioned. This article falls under the ‘Right to Equality’ which consists of five Articles, i.e., Articles 14 to 18.

In Article 14, the state cannot deny equality to anyone or deny them equal protection of the law. On the other hand, all Indian citizens have equal access to public sector employment under Article 16 of the Indian Constitution. Article 16(1) of the Constitution states that all citizens shall be given equal opportunity to be employed or appointed to any office under the state. It only applies to employment and offices held by the government. State officials may still determine the requirements for the recruitment of government employees. Under Article 17 , untouchability is outlawed and punitive measures are imposed. According to Article 18 , titles are abolished, and their conferral and acceptance by individuals are prohibited.

On a plain reading of Article 15, one is almost certain to conclude that paragraph (4) constitutes an exception to all the other provisions of that article as well as to paragraph (2) of Article 29. As a result, Article 15(4) permits what Article 29(2) prohibits. As such, Article 15 pertains to the right to equality. This right, when viewed within the context of Article 14, is not the right to uniform or identical treatment. A person has the right to be treated equally with others. In order to determine if such discriminatory practices are compatible with the right to equality, different tests have been devised and used from time to time, such as the reasonable classification, suspicious classification, or classification that lies between the two. It appears that they have not always been able to offer adequate explanations, particularly when it comes to affirmative action or positive discrimination.

Ronald Dworkin has provided an all-inclusive and satisfactory test in this regard in his differentiation between the right to equal treatment and the right to be treated as equal. He believes that the latter right is a fundamental right, whereas the former is merely a derivative right. Equal treatment implies equal respect and concern, while equal treatment means essentially the same treatment for all. But a right to equal treatment is neither feasible nor compatible with identical treatment. An equal concern is therefore essential to the right to equality. Insofar as that concern exists, differences in treatment are appropriate and correspond to a right to equality.

There are some instances when different treatment is compatible with the right to equality. It is only the differences in treatment that are based on differences in concern that violate this right. So, for example, separate treatment on the basis of race, religion, or caste is not inherently unethical as long as respect or concern is shown to everyone regardless of race, religion, or caste. The only time it becomes bad is when it is based on disrespect, contempt or prejudice towards a race, religion or caste. Article 15 prohibits only these kinds of treatment and not every kind of difference of treatment based on the location of birth, race, or caste. Likewise, the article explicitly mentions ‘discriminate against’. Regardless of their religion, race, caste, sex or place of birth, the state may treat them differently, but it may not discriminate against them in these ways. Discrimination is only committed when a person’s religion, race, caste, sex, or place of birth is used as a basis for disrespect, contempt, or prejudice because of a difference in treatment. The difference between treatment on any of these grounds, if not based on disrespect, contempt, or discrimination, will not be discriminatory and, therefore, will not be prohibited by Article 15(1). This rule also applies to Article 29(2).

Therefore, Articles 15(1) and 29(2) prohibit discrimination, prejudicial or condescending treatment based on the grounds mentioned therein. There are special provisions in Article 15(4) of the Constitution regarding the advancement of socially and educationally backward groups or of the Scheduled Castes and Scheduled Tribes. A provision intended to advance any socially and educationally backward class, or to advance SCs and STs, cannot be defined in terms of prejudice, contempt, or insult towards any forward-looking group.

Therefore, Article 15(4) has a distinct scope and function from Articles 15(1) and 29(2). In no way does it overlap with them or diverge from them. Article 15(4), like Articles 15(1) and 29(2), is intended to ensure or promote equality. It is only the latter that prohibits the state from making discriminatory decisions, while the former requires the state to take appropriate steps to eliminate such discrimination. As a result, the Constitution-makers not only envision equity to be achieved by judicial interpretation, but they have also provided a way to achieve it by virtue of Article 15(4) of the Constitution. Therefore, Article 15(4) is equally recognised as a fundamental right. The interpretation of Article 15(4) in relation to Articles 15(1) and 29(2) emphasizes that one does not have to rely on the technicalities, including the non-obstante clause, to justify its existence.

The Amendment

The Mandal Commission Report allowed half of the seats in educational and service matters to Scheduled Tribes, Scheduled Castes, and OBCs, who together constituted around 70% of the total Indian population. This was followed by the judgement given by the Supreme Court of India in the case of Indra Sawhney v. Union of India (1992). As a result of this move, their status improved significantly.

Consequently, it became incumbent upon the legislature to devise policies to improve the economic situation of those belonging to the ‘other category’. Due to this, the legislature passed the Constitution (103rd Amendment) Act, 2019 to give economic backward sections a 10% reservation (as discussed above) in educational and employment institutions in the general category. This amendment inserted Clause (6) to Article 15 and Clause (6) to Article 16 of the Constitution.

The Amendment Act was accused of violating the Indian Constitution’s basic structure. However, it should be noted that all Constitutional provisions are essential, but all of them do not hold the same value. A constitutional amendment may be made so long as it does not alter the basic structure and foundation of the Constitution. In 1973, the term basic structure was first used in Sajjan Singh v. State of Rajasthan (1964) , when it was stated as follows:

It is also a matter for consideration whether making a change in a basic feature of the Constitution can be regarded merely as an amendment or would it be, in effect, rewriting a part of the Constitution; and if the latter, would it be within the purview of Article 368?

Only in 1973 was the concept incorporated in the text of the Supreme Court’s decision. Again, in the case of Kesavananda Bharati v. State of Kerala (1973) , Justice Sikri described the basics of the Constitution and its structure. Thereafter, several courts examined and worked out this issue in several cases including Indira Nehru Gandhi v. Raj Narain (1975) , Minerva Mills Ltd. v. Union of India (1980) , etc.

All constitutional amendments since the Kesavananda Bharati case have been tested against this principle and those which adversely affect or destroy the wider principles of the Constitution such as democracy, secularism, equality, or republicanism or alter the Constitution’s identity were considered as bad. The M. Nagaraj v. Union of India (2006) case established a twin test which included the width test and the identity test. These tests must be satisfied in order to determine whether an amendment is valid or not. Essentially, the width test sought to determine the impact an amendment would have on the Constitution and, indirectly, on its core principles. Accordingly, the scope of effect determined the legitimate scope/width of the amendment power, and it also contemplated all of the ramifications of the amendment process to determine if the ‘basic structure’ of the Constitution was threatened. However, the identity test asked whether the Constitution’s identity would remain the same after the amendment.

The Government’s viewpoint

According to Prime Minister Narendra Modi, the act was a landmark event in the history of the nation and a potent measure that ensures justice for all sections of society. Mr Arun Jaitley (Ex-Minister of Finance and Corporate Affairs) explained the reasoning for the 10% quota and said that if two individuals have different backgrounds due to their birth or economic circumstances, they, therefore, could not be treated equally. Unequals cannot be treated equally, he claimed . Moreover, he stated that the Supreme Court’s reservation cap of 50% applied only to caste-based reservations, while the Economically Weaker Section reservation was not affected by it.

According to Thaawarchand Gehlot (Ex-Union Social Justice and Empowerment Minister), similar state laws for the reservation of economically weaker sections of the community were quashed by the courts since the Constitution did not include the concept of economic reservation. Now that the law has been brought into the Constitution by making necessary provisions, the same could not be struck down by the Supreme Court if challenged.

Socially and educationally backward classes

The phrase “socially and educationally backward classes” under Article 15(4) refers to underprivileged classes of people who have faced discrimination and prejudice from the privileged class. This category includes the class of people who belong to backward classes in society but are not covered under SCs or STs. OBCs have been included under this phrase of socially and educationally backward classes as a category for reservation.

The limit of reservation

The Supreme Court of India has put up a ceiling limit to the total percentage of reservations that can be provided by the government in Indira Sawhney v. Union of India (1993) . In this case, 27% reservation for the ‘Other Backward Classes’ was introduced. The Supreme Court of India put up a limit of 50% as the total percentage of reservations as it was reasoned that allowing the limit to exceed would deprive others of their right to equality. The Apex Court also provided guidelines for exceeding the limit of reservation under extraordinary situations.

Reservation of more than fifty per cent

There is an upper limit of 50% on the total reservation, but as it was allowed to exceed under extraordinary circumstances. There are 4 states which have breached that limit of 50%:

Tamil Nadu has 69% reservation with 50% reservation for OBCs;
Maharashtra has 52%;
Telangana has 62%;
Haryana has 67%;

It is done under the extraordinary need for upliftment of certain backward classes.

Recent same-sex marriage judgement

In the recent case of Supriyo@Supriya Chakraborty & Anr. v. Union of India (2023) , t he petitioners sought that the Special Marriage Act, 1954 , which provides for a civil marriage of couples who cannot marry under their personal laws, should be interpreted as gender-neutral so that the same-sex couples can be allowed to marry under it. They argued that the 1954 Act violated Articles 14, 15, 19, 21 and 25 by not allowing a marriage between the same-sex or LBGTQIA+ couples, and sought the words “husband” and “wife” as well as other gender-specific terms to be substituted by the word “party” or “spouse”.

The case was heard by a constitutional bench wherein all the five judges accepted that the time has come to end discrimination against the same-sex couples, however, they could not reach a consensus for giving the queer couples the status of a legally recognised “civil union”. The majority of three judges held that any legal status for such a union can only be facilitated through a law enacted by the Legislature itself.

Referring to the rights of LGBTQ+ persons, the rights unequivocally recognised by the Court are the right to gender identity, sexual orientation, the right to choose a partner, cohabit and to enjoy physical and mental intimacy. However, there is no unqualified right to marriage guaranteed by the Constitution, that qualifies it as a fundamental freedom.

Interestingly, CJI DY Chandrachud, while referring to Article 15 in this judgement pointed out that Article 15 identifies the grounds on the basis of which a person shall not be discriminated against, and those grounds are markers of an individual’s identity. He further said that these identities must be read in their historical as well as social context instead of reading them through the narrow lens of ascription. Nevertheless, the marriage rights of the queer persons could be consented upon by the judges.

Interplay of Articles 14, 15 and 16 of the Indian Constitution

The three Articles together form part of the same constitutional guarantee of equality and thus, supplement each other. While Article 14 is available to all persons, Article 15 is available to citizens only. Moreover, Article 14 guarantees the general right of equality, while Article 15 and Article 16 are instances of the same right in favour of citizens in some special circumstances.

Further, Article 15 is more general in terms than Article 16, the latter being confined to matters relating to employment or appointment to an office under the State. It is also worth noting that Article 16 mentions ‘descent’ and ‘residence’ as additional prohibited grounds of discrimination.

Importantly, Article 14, which guarantees equality before the law would by itself, without any provision in the Constitution, be enough to validate equalising measures. However, to bring about equality among the unequal, it is necessary to adopt positive measures to abolish inequality. The Founders of the Constitution thought it advisable to incorporate other provisions to provide for the amelioration of all aspects of the problem. In Sourabh Choudri v. Union of India (2005) , the Hon’ble Supreme Court held that Article 14 is the genus in the sense that Articles 15 and 16 provide for an exception to the equality clause.

Article 15 has always hurdled its way in reaching out to the ones really in need. The condition of the downtrodden has greatly improved since its inception in 1949. It provides a base for each and everything that the legislature needs to formulate provisions to promote harmony in the society. There is an extreme decline in the number of cases of atrocities against the underprivileged classes. Article 15 truly is the guardian of the downtrodden and a shield against discrimination, it has helped the Indian society to stand tall and proud despite such a huge diversity and all kinds of sexism, racism and rigid caste system and will continue to contribute to India’s unity and equality, forever.

It is important to note that Article 15 is very broad and states that there shall be no discrimination based on religion, race, caste, gender, or place of birth in any case. The term discrimination encompasses a wide range of issues and people have been discriminated against in many different ways throughout history. This article is intended to provide equal opportunities for citizens for the protection of their rights. Article 15 primarily seeks to ensure the social, economic, and educational advancement of the economically, socially, and educationally backward classes.

As a result of the existence of Article 15, the reservation has been the subject of the most significant disputes. There are a number of forms of reservation available to the weaker sections of society that cause distress to the general group of people. Reservations are not intended to divide the population into general and reserved categories, but rather to assist the disadvantaged populations of the country. Even during the colonial era and afterwards, untouchability and discrimination were very common in the early centuries preceding British colonialism. The introduction of laws intended to protect the disadvantaged class has, however, resulted in some reduction in inequality. While one cannot say that there has been a complete removal of discrimination, it is reduced. Equality is mentioned in India’s Constitution’s preamble. In Article 15, the term is to be implemented widely throughout the Indian subcontinent.

References:

Durga Das Basu, Commentary on the Constitution of India, Volume 3, 9th ed.
https://www.livelaw.in/top-stories/marriage-equality-case-conclusions-directions-of-supreme-court-judgments-240529

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Constitution of India

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.

Article 9, Draft Constitution of India 1948

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or any of them. In particular, no citizen shall, on grounds only of religion, race, caste, sex 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 3, roads and places of public resort maintained wholly or partly out of the revenues of the State or dedicated to the use of the general public.

(2) Nothing in this article shall prevent the State from making any special provision for women and children.

Article 15, Constitution of India 1950

(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

Draft Article 9 (Article 15) was debated on 29 November 1948 . It prohibited discrimination on five grounds: religion, race, caste, sex or place of birth.

Some members argued that the Draft Article did not engage with discrimination based on family or descent. Others wanted a specific mention of gardens, roads and tramways as potential public spaces where people should not face discrimination. In response to these points, it was clarified that while the Draft Article specifically mentions some spaces, the general nature of the language used in the Article was sufficient to cover a wide range of public spaces including those that were not specified in the Article’s text.

To the clause which permitted special provisions for women and children, a member proposed to add other vulnerable groups, namely Scheduled Castes and Scheduled Tribes. The Chairman of the Drafting Committee dismissed the need for this addition, arguing that such a provision could allow for the lawful segregation of these groups. Therefore, this amendment was rejected by the Assembly.

The Draft Article was adopted with some amendments on the same day, that is 29 November 1948.

Article 15 of Indian Constitution, Provisions, Explanation

Article 15 of Indian Constitution protects its citizens from discrimination of any kind. know more about its Provisions, Exceptions & Amendments in this article for the UPSC exam.

Table of Contents

Article 15 of Indian Constitution

Article 15 of the Indian Constitution prohibits discrimination on grounds only of religion, race, caste, sex, or place of birth. India recognises a total of 22 languages, as stated in the 8th Schedule of the Constitution. Despite Hindi and English being the country’s official languages, more than 1,500 other languages are spoken there. About 44.63 per cent of Indians speak Hindi as their first language. Diverse viewpoints frequently lead to conflicts, and such conflicts may lead to prejudice.

One of the main reasons for discrimination in India is caste prejudice, which is still prevalent in some areas. Caste systems, both lower and higher, used to be the predominant method of dividing society. There had been untouchability for the lower classes. India recently made this law illegal due to how terrible it is.

Read More: Article 14 of Indian Constitution

Article 15 of Indian Constitution Provisions

Article 15 has been desperately needed since the Constitution’s adoption and is still in place. Six clauses in Article 15 of Indian Constitution list the many forms of discrimination that are categorically prohibited.

Article 15(1)

It provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.

Article 15(2)

It states that no citizen shall be subjected to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex, or place of birth with regard to:

Access to shops, public restaurants, hotels and places of public entertainment venues;

The usage of wells, tanks, bathing ghats, highways, and public resort locations that are totally or partially supported by state funding or intended for wide public use.

Article 15 of Indian Constitution Exceptions

Article 15 (3): The state may provide any particular provisions for women and children. For instance, giving children free education or reserving seats for women in local councils. The Supreme Court held in Revathi v. Union of India, AIR 1998, that the word “for” used in this clause indicated that states can provide women and children special preference while not discriminating against them.

Click here to Know about 6 Fundamental Rights of Indian Constitution

Article 15 (4): The state is permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes. For instance, public educational institutions may offer fee discounts or seat reservations. This provision was added by the first Amendment Act, of 1951.

Article 15 (5): The state has the authority to make any special arrangements for the advancement of any socially and educationally disadvantaged classes of citizens, as well as for the scheduled castes and scheduled tribes, regarding their admission to educational institutions, including private educational institutions, whether state aid it or not, minority educational institutions are an exception of it.

The 93 rd Constitutional Amendment Act of 2005 added it. The 93 rd Constitutional Amendment Act of 2005 was upheld as legitimate by the Supreme Court in the case of Ashok Kumar Thakur v. Union of India, 2008.

Article 15 (6): The state is empowered to make any special provision for the advancement of any economically weaker sections of citizens. Additionally, the state is permitted to make a provision for the reservation of up to 10% of seats for these sections when it comes to admission to educational institutions, including private educational institutions, whether aided or unaided by the state, with the exception of minority educational institutions.

In addition to the current reservations, this reservation of up to 10% would be made. According to family income and other indices of economic disadvantage, the state would periodically notify the economically weaker sectors for this reason. The 103rd Amendment Act of 2019 adds it.

Article 15 of Indian Constitution Reservation for OBC

In order to give effect to Article. 15 (5), The Centre passed the Central Educational Institutions (Reservation in Admission) Act, 2006, which established a 27% quota for applicants from Other Backward Classes (OBCs) in all central higher educational institutions, including the IITs and IIMs.

Here it should be noted that the children of the following different categories of people belong to the ‘creamy layer’ among OBCs and thus will not get the quota benefit:

Constitutional Posts: Persons holding constitutional posts like President, Vice-president, Judges of SC and HCs, Chairman and Members of UPSC and SPSCs, CEC, CAG and so on.
Officers: Group ‘A’ / Class I and Group ‘B’ / Class II Officers of the All India, Central and State Services; and Employees holding equivalent posts in PSUs, Banks etc., and also in private employment.
Top-ranked army officers: Persons who are in the rank of colonel and above in the Army and equivalent posts in the Navy, the Air Force, and the Paramilitary Forces.
Other Professions: Professionals like doctors, lawyers, engineers, artists, authors, consultants and so on. Persons engaged in trade, business and industry.
Agricultural land: People holding agricultural land above a certain limit and vacant land or buildings in urban areas.
Annual Income: Persons having a gross annual income of more than ₹8 lahks or possessing wealth above the exemption limit. It was Rs. 1 lakh when the “creamy layer” ceiling was first introduced in 1993. Later, it was changed to Rs. 2.5 lakh in 2004, Rs. 4.5 lakh in 2008, Rs. 6 lahks in 2013, and Rs. 8 lahks in 2017.

Read about: Important Articles of Indian Constitution

Article 15 of Indian Constitution Reservation for EWS

In order to give effect to Article 15 (6), the central government issued an order in 2019, to provide 10% reservation to the Economically Weaker Sections (EWSs) in admission to educational institutions. The benefit of this reservation is available to EWS members who are not covered by any of the SC, ST, or OBC reservation programmes currently in place. The following are the requirements for eligibility set forth in this regard:

Annual Income: Persons whose family has a gross annual income below ₹8 lahks are to be identified as EWSs for the benefit of reservation. The income would be for the financial year prior to the year of application and would comprise income from all sources, such as salaries, businesses, professions, and agriculture.
Possession of Asset: Persons whose family owns or possesses any one of the following assets are to be excluded from being identified as EWSs, irrespective of the family income; first, Agricultural land of 5 acres and above; second, residential flat of 1000 sq. ft. and above; third, Residential plots of 100 sq. yards and above in notified municipalities.
Determination of Property: The property held by a family in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status.
Definition of Family: For this purpose, the individual requesting the benefit of the reservation, his or her parents, siblings, and children under the age of 18 are all considered members of the individual’s immediate family.

Read More: Salient Features of Constitution of India

Article 15 of Indian Constitution UPSC

Article 15 has helped Indian society to stand tall and proud despite such great diversity and all forms of sexism, racism, and rigid caste system, and it will continue to do so forever. It is truly the protector of the oppressed and a shield against prejudice.

It is significant to note that Article 15 prohibits discrimination on the grounds of religion, race, caste, gender, or place of birth in all circumstances. People have been discriminated against in several ways throughout history, and the term discrimination covers a broad variety of topics.

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Is Article 15 part if Fundamental Rights?

Yes, Part III of the constitution which is Fundamental rights have article from 12 to 35.

What is Article 15 (1)?

It provides that the State shall not discriminate any citizen on grounds only of religion, race, caste, sex or place of birth.

What is Article 15 (3)?

The state may provide any particular provisions for women and children.

The 93rd Constitutional Amendment Act of 2005 added which provision?

It added Article 15(5) according to which the state has the authority to make any special arrangements for the advancement of any socially and educationally disadvantaged classes

The 103rd Constitutional Amendment Act of 2019 added which provision?

It added Article 15(6) according to which the state is empowered to make any special provision for the advancement of any economically weaker sections of citizens.

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Article 15 of Indian Constitution

Article 15 of indian constitution: prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 15 of Indian Constitution prohibits discrimination by the state against any citizen on grounds such as religion, race, caste, sex, or place of birth. It is a fundamental right designed to promote equality among all citizens, ensuring that everyone has equal access to public places and opportunities without any discrimination. This article is crucial for upholding social equality and justice in India.

Original Text of Article 15 of Indian Constitution:

(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—

access to shops, public restaurants, hotels and places of public entertainment; or
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.

(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,—

any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
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.

List of amendments in Article 15 of Indian Constitution:


	Through this amendment, was added to Article 15,
	The amendment introduced clause (5) of Article 15. This clause stipulates that concerning the
	The amendment added clause (6) of Article 15, which allows the government to reserve up to 10% of all government appointments for the

Article 15 of Indian Constitution Explanation:

Article 15 – Prohibition of Discrimination

It is available only to the citizens of India.

Article 15(1) prohibits the State from discriminating based only on religion, race, caste, sex, or place of birth.

Thus, it “ prohibits class legislation” . The clause “based only on” means that the State cannot legislate solely to discriminate against or in favour of a class (i.e. particular religion, race, caste, sex, etc.).

But then, how can the State provide protection and schemes for particular classes?

The answer is that the Constitution allows discrimination if it is based on additional criteria other than the above-mentioned criteria.

This is known as “ Classification for the purpose of Legislation ”, which our Constitution allows.

Article 15(2) Prohibits discrimination or restriction in terms of access to shops, hotels, public restaurants, places of public entertainment, or the use of tanks, wells, roads, and other public places maintained wholly or partially out of the State Funds or dedicated to the use of the general public.

However, there are three exceptions to this general rule of non-discrimination:

Article 15(3): The State can make special provisions for women and children. For example, the reservation of seats in local bodies for women or the provision of free education for children ( Article 21A ) .

Article 15(4): The State can make special provisions for socially/educationally backward classes, including the Scheduled Castes and Scheduled Tribes.

Article 15(5): The State can make special provisions for the advancement of any socially and educationally backward classes (SEBCs) regarding their admission to educational institutions, including private institutions, whether unaided or aided by the State, except the minority educational institutions . This provision was added by the 93rd Amendment Act 2005 .

The Parliament enacted the Central Educational Institutions (Reservation in Admission) Act, 2006 , to bring this provision into effect.

It provided a 27% quota for candidates for people of Other Backward Classes (OBCs) in all central higher educational institutions.

In 2008 , the Supreme Court upheld the validity of this act but directed the Central Government to leave out the “creamy layer” among the OBCs while implementing the law.

Article 15(6) allows the government to reserve up to 10% of all government appointments for the Economically weaker sections (EWS).

For Further Reference:

Read the Constitution of India .
Read the Fundamental Rights .

Article 19 of Indian Constitution: Protection of certain rights regarding Freedom of speech, etc

Original Text of Article 19 of Indian Constitution: Article 19 (1) All citizens shall have the right- to Freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions 2[or co-operative societies]; to move freely throughout the territory of India; to reside and settle in any part of the territory…

Fifth Schedule of Indian Constitution- Notes for UPSC

5th Schedule of Indian Constitution: Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes Article 244(1) Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes PART A of 5th Schedule of Indian Constitution GENERAL Interpretation. —In this Schedule, unless the context otherwise requires, the expression “State” 1***…

Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.

Article 332 of Indian Constitution Original Text: (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, 1[except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative Assembly of every State 2***. (2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State…

Article 332A of Indian Constitution: Reservation of seats for women in the Legislative Assemblies of the States.

Article 332A of Indian Constitution Original Text Article 332A of Indian Constitution: Reservation of seats for women in the Legislative Assemblies of the States. Seats shall be reserved for women in the Legislative Assembly of every State. As nearly as may be, one-third of the total number of seats reserved under clause (3) of article…

Article 324 of Indian Constitution: Superintendence, direction and control of elections to be vested in an Election Commission

Original Text of Article 324 of Indian Constitution: (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution 1*** shall be vested…

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Article 15 of the Indian Constitution

Home Articles Article 15 of the Indian Constitution

May 3, 2018

A. ARTICLE 15 OF THE INDIAN CONSTITUTION :

Article 15 of the Constitution of India, 1949 states that:

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.”

Sub- Clauses (1) and (2) of Article 15, essentially protect the citizens of India from being discriminated against by the State on the basis of religion, race, caste, sex, and place of birth or any of them. It is a right of social equality and equal access to public areas, prohibiting any kind of restriction on any person on the basis of any of the above and to use the public places.

Article 15(3), (4) (5) make special notable exceptions. The first exception permits the State to make special provisions for women and Children. The second and third exceptions empower the State to make special provisions for socially/ educationally backward classes of the country and Schedule castes and scheduled tribes.

Article 15(4) may at the first sight appear to be a blanket provision, protecting any kind of beneficial discrimination in the nature of special provisions for the benefit of the classes mentioned therein. However, apart from questions as to when a particular class can be legitimately regarded as backward class, discriminatory provisions of such a nature may be struck down as unreasonable in the circumstances. It may seem like articles 15(4) and 15(5) violate Article 14 (right to equality), but is not so, as protective discrimination is also a facet of equality. Equality being one of the basic features of the Constitution of India and any treatment of equals unequally and unequal equally would violate the basic structure of the Constitution.

Similarly Article 16(4) also empowers the state to make laws for protection of SC and ST. The Articles 15(4) and 16(4) take into account the de facto inequalities which exist in the society. In order to bring about the real equality, preference given to the socially and economically disadvantaged groups is justified. Under Article 14, 15 and 16, the protective discrimination is a facet of quality. Article 15 (4) and 16 (4) lay the foundation for the reservation policy of India. But, reservation of an excessively high percentage of seats in any technical institution for each of the backward classes would be void as it would overcome the purpose of the clause by putting the general public at a disadvantage. For instance, reservation in excess of 50 per cent of available seats may not be upheld.[/vc_column_text]

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#1. Confront the Allegations and Evidence

An Article 15 Nonjudicial Punishment starts with your commander receiving some evidence that you did something wrong. That evidence may be one-sided, and it may not include the whole story. But your commander reviewed it and believes you committed a violation of the Uniform Code of Military Justice . It’s now your job to respond in a persuasive way. There are three common ways to respond to claims based on our “best practices.”

First, you can accept the allegations as true and simply hope for the best outcome. This most commonly happens when the evidence against you is clear. (For example, you sent inappropriate text messages to someone, and your command has those text messages.)

Second, you can dispute the allegations but not make a statement. This most commonly happens when the evidence against you is unclear, but anything you say about what happened could make things worse. (For example, if someone claims you said something inappropriate to them, there is no hard evidence or witnesses, but you know that you actually did say the inappropriate thing.)

Finally, you can dispute the allegations with a statement and evidence. This most commonly happens when the evidence against you is unclear, and your statement could change things. (For example, if someone claims you said something inappropriate to them, there is no hard evidence or witnesses, and you know you did not say the inappropriate thing.)

If the evidence against you is unclear, and your statement could change things, it is essential that you detail what you recall about the event or events in question. It is also vital that you point out the ways in which the evidence against you is being misinterpreted or otherwise does not support the allegations. Finally, if you have hard evidence supporting your case, you should strongly consider including that in your Article 15 response.

Although the team at Military Justice Guides are not lawyers, and cannot give you legal advice, we can say from experience that these are the best ways to address the allegations you are facing in an Article 15 Nonjudicial Punishment. There are many ways to respond persuasively. The key is to decide on a strategy and stick to your message. Provide information and evidence that helps your command understand your position and, hopefully, resolve the allegations in your favor.

#2: Include Positive Details About Yourself

When you are given an Article 15 Nonjudicial Punishment, you might think that your leadership only cares about the negative evidence against you. You might even believe that your leadership does not care about all the positive things you have done. In our experience, however, it’s important that your leadership understands all the good things you have accomplished. You should include positive details about yourself and your career so that they consider the positives (along with any negatives).

We always encourage our clients to detail their careers. Talk about your assignments and what you learned from them. List your training opportunities. You should definitely include lots of information about any awards you may have won or been nominated for, even if they are “small” awards. Explain your successes, including any major projects, decorations, recognitions, etc. Explain that, because you have been successful in the past, you know you will be successful in the future.

#3: Gather Character Letters

Perhaps the most powerful way to respond to an Article 15 Nonjudicial Punishment is through character letters. Character letters allow you to ask other people, like your supervisors or co-workers, to stand up for you and help you show your true character. In any character letter, you want the author to talk about three things: how they know you, what they think about you, and what your best character traits are. Character letters are an excellent way for you to show your leadership how you contribute to the military community and how other people think you will succeed in the future.

When you ask for character letters from others, you should explain the allegations against you so that they understand why you need their support. You can also provide them with a Character Letter Template , which is a good way to show that you are planning to submit a professional rebuttal and need help.

Writing a Persuasive Article 15 Response

The tips above should help you write a persuasive response to Article 15 Nonjudicial Punishment. Our products can also help. If you are interested, please feel free to read more on our website or purchase a Response Template below:

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STAY IN TOUCH

Military Justice Guides and MilitaryJusticeGuides.com are not law firms, nor do our employees act as legal counsel. MilitaryJusticeGuides.com provides an online portal to give users a general understanding of military law and to provide an automated software solution to individuals who choose to prepare their own documents. MilitaryJusticeGuides.com Services may also include a review of your answers for completeness, spelling, grammar, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. We are not a law firm and may not perform services performed by an attorney. Military Justice Guides and MilitaryJusticeGuides.com, its related Services, and its forms or templates are not a substitute for the advice or services of an attorney.

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What is Article 15 of the Indian Constitution? Important Features and Provisions

Article 15; prohibits discrimination by the "state" against any citizen on grounds 'only' of caste, religion, sex, race, and place of birth. fundamental rights are provided to every citizen of the country without any discrimination..

Fundamental Rights are guaranteed to all persons by the constitution of India without any discrimination of caste, religion, sex etc. These rights entitle an individual to live life with dignity. Fundamental Rights are meant for promoting the idea of democracy.

Originally the constitution provided 7 Fundamental Rights but as of now, there are just 6 Fundamental Rights in force. They are;

1. Rights to equality (Article 14-18)

2. Rights to freedom (Article 19-22)

3. Right against exploitation (Article 23-24)

4. Right to freedom of religion (Article 25-28)

5. Cultural and educational rights (Article 29-30)

6. Rights to constitutional remedies (Article 32)

Features and Provisions of article 15 are;

Article 15 states that the state shall not discriminate against any citizen on grounds only of race, religion, caste, sex, and place of birth.

The world "discrimination" refers to make adverse distinctions with regard to or to distinguish un-favourable from others while the term 'only' means that discrimination can be done on the basis of other grounds.

Fundamental Duties of the Citizens of India

The second provision of the article 15 says that no citizen shall be subjected to any disability, liability, restriction or condition on grounds of any religion, caste, race, sex, place of birth with regard to;

i. Access to shops, public restaurants, hotels, and places of public entertainment.

ii. The use of wells, tanks, bathing Ghats, roads, and places of public resorts maintained wholly or partly by state funds or dedicated to the use of the general public.

Worth mentioning that this provision prohibits discrimination by both state and private individuals while the former provision prohibits discrimination only by the state.

There are three exceptions to this general rule of non-discrimination;

a. The state is permitted to make any special provisions to women and children.

Example: Reservation of seats for women in the local bodies and provision of free education to children.

b. The state is free to make special arrangements for socially and economically backward peoples or for Schedule Castes and Schedule Tribes. Example: reservation of seats or fee concession in the public educational institutes.

c. The state can make special provisions for the betterment of the socially and economically backward sections of the society or for the SCs and STs.

Example: Provisions regarding admission in the educational institutions in the private institutes, whether aided or unaided by the state.

So this was an explanation of article 15 of the Indian constitution. We hope that article 15 will entitle a dignified life to the citizens of all economically and socially backward classes and STc, SCs community of the country.

Fundamental Rights: Importance and Summary

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Article 15 of the Indian Constitution Explained

The Constitution of India consists of numerous fundamental rights available to citizens and some to non-citizens as well. One of them is the right to equality which is provided under Articles 14-18 of the Constitution of India. Article 14 contains the general principles of equality before the law. And Articles 15, 16, 17 and 18 include the detailed application of the general rules given under Article 14 of the Indian Constitution.

This law note discusses Article 15 of the Indian Constitution in detail. It is related to the prohibition of discrimination based on religion, race, caste, sex, etc. The provisions under Article 15 is available only to the citizens and not to the non-citizens.

Article 15(1)
Article 15(2)
Article 15(3)
Article 15(4)
Article 15(5)
Article 15(6)

Article 15 of the Indian Constitution

Article 15(1) of the Constitution of India says that there should be no discrimination on the grounds of only religion, race, caste, sex and place of birth or any of them. Article 15(2) further provides that the citizens, as well as the states, should not make such discrimination concerning access to shops, hotels, etc. and also to all places of public entertainment, wells, tanks, and more.

Article 15(3) and 15(4) are the restrictions to the provisions given under Article 15(1) and (2) of the Indian Constitution. Article 15(5) and 15(6) provide provisions related to the advancement of socially and educationally backward classes and weaker sections of the society as well.

Article 15(1) of the Indian Constitution

Clause (1) of Article 15 prohibits the State from discriminating between the citizens of India on any of the following grounds: (a) religion, (b) race, (c) caste, (d) sex, (e) place of birth.

The word discrimination here means to make an adverse or unfavourable distinction between the persons.

In Nain Sukh Das vs State of UP (1953) , the Court held unconstitutional a law that provided elections based on separate electorates for members of different religious communities.

Furthermore, the word only in clause (1) of Article 15 indicates that the prohibition is imposed for the discrimination merely on the particular grounds that are caste, sex, religion, place of birth, race. In other words, discrimination on grounds other than given under Article 15(1) of the Indian Constitution is not prohibited.

In DP Joshi vs State of Madhya Bharat (1955) , the Court has held valid a rule of the State Medical College whereby the non-Madhya Bharat students required a capitation fee for admission in the college. It was held in the case that a law that discriminates on the ground of residence does not violate Article 15(1).

Article 15(2) of the Indian Constitution

It states that citizens of India should not be subjected to any such discrimination explained above concerning access to shops, restaurants and hotels and places of public entertainment or the use of wells, roads, etc.

Clause (1) of Article 15 prohibits discrimination by the State, whereas clause (2) of Article 15 prohibits both the State and citizens from making such discrimination.

Article 15(3) of the Indian Constitution

Clause (3) of Article 15 contains an exception to the rule given under clauses (1) and (2) of Article 15. It empowers the State to make special provisions for women and children. It states that nothing in Article 15 should prevent the State from formulating any special provision for women and children. As an example, the reservation of seats for women does not violate Article 15(1).

Article 15(4) of the Indian Constitution

Clause (4) of Article 15 is another exception to clauses (1) and (2) of Article 15. It was inserted into the Indian Constitution by the Constitution (1st Amendment) Act, 1951. It was the result of the judgment given in State of Madras vs Champakam Dorairajan (1951) .

In this case, the Madras Government had reserved seats in medical and engineering colleges through government order for different communities in certain proportions based on religion, race and caste. The Supreme Court held the government order void as it classified the students based on caste, religion and race irrespective of merits.

The Article declares that the State should not be prevented by anything in Article 15 as well as Article 29(2) from making any special or particular provision for the betterment of socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.

The socially and educationally backward classes refer to underprivileged classes of people that have faced discrimination or bias from the privileged classes. This class may not necessarily fall under the category of the Scheduled Castes or Scheduled Tribes.

Note : A writ cannot be issued to the State to make reservations.

Article 15(4) Case Law: Dr Neelima vs Dean of P.G. studies A.P. Agriculture University, Hyderabad (1993)

In this case, it was held that a girl of a high caste who married a boy belonging to Scheduled Tribes is not eligible for the privilege of reservation available to Schedules Tribes as the girl originally belonged to a high caste. Merely marrying a boy of Scheduled Tribes will not make her eligible for the benefits reserved for them.

Article 15(5) of the Indian Constitution

Clause (5) was inserted in Article 15 by the Constitution (93rd Amendment) Act, 2005. It facilitates the State to make provision for reservation of the socially and educationally backward classes of citizens, Scheduled Castes and Scheduled Tribes in admission to private educational institutions.

Article 15(5) Case Law: Ashok Kumar Thakur vs Union of India (2008)

In this case, the Supreme Court has held that Article 15(5) is constitutional. It held that providing a 27 per cent reservation to OBC candidates for admissions in higher educational institutions like IITs and IIMs is constitutional and not violative of Articles 14 and 15.

Article 15(6) of the Indian Constitution

Clause (6) of Article 15 of the Indian Constitution is related to economically weaker sections of the society. It was added in 2019 by the Constitution (103rd Amendment) Act. This clause empowers the State to make special provisions for the betterment and development of the economically weaker sections of the society. And, this also includes reservations in educational institutes.

Read Next: 1 . Right to Information as a Fundamental Right 2 . Fundamental Duties Explained – Indian Constitution 3 . Important Articles of Constitution of India 4 . Why 42nd Amendment Is Called the “Mini Constitution of India”

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Article 15(3) of the Constitution of India: Fertile Ground for Pro-Women Jurisprudence

Posted: 29 Aug 2016

Raja Mutthirulandi

Human Rights Education, WCCI

Date Written: August 29, 2016

'Equality' is the magnificent cornerstone of the edifice of the Indian constitution. Yet, its Authors elected to embed a seemingly simple but significant section 3 of Article 15, authorizing 'special provisions for women (and Children)'. The incorporation of this Article, anchored under the unique concept of 'protective discrimination', symbolizes constitutional recognition of deeply entrenched discrimination of women prevailing in Indian society. The scheme is also in full realization of the fact that 'formal equality' alone may not suffice in a country plagued with age-old patriarchal culture and history that has perpetuated undermining of women and hence the need for effectuating women protection. Accordingly, Article 15(3) shines as the luminous head of the entire constellation of women welfare legislations of India's post-constitution era. Indian higher judiciary has mostly been reciprocating the constitutional empathy for women and has shown no hesitations, save a few instances, to uphold initiatives covering women's reservation in public employment, co-operatives, panchayat raj bodies, educational institutions; women's right to property under Hindu Succession Act etc. The Apex Court has enthusiastically amplified the scope of Article 15(3) holding it wide enough to cover the entire range of State activity. Moreover, the same Court has upheld 'laws that treat women more favorably than men', and has also interpreted 'ambiguous laws' via pro-women stances, thus validating the concept 'protective discrimination'. This contribution embarks upon a critical analysis of select landmark pronouncements on Article 15(3), traversing also through disappointments therein, to bring out enlightened understanding of the judicial 'reading in' the Article.

Keywords: Article 15(3), Protective Discrimination, disappointments in reading in

Suggested Citation: Suggested Citation

Raja Mutthirulandi (Contact Author)

Human rights education, wcci ( email ).

Tiruchirapalli, 620012 India

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Article 15: Some Misleading Facts but Genuine Representation of Caste Politics Movie Review

2020, Critical Edges

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Hira Hasnain

VEDA PUBLICATIONS

VEDA'S JOURNAL OF ENGLISH LANGUAGE AND LITERATURE [JOELL]

One of the pillars of Indian democracy who played a pivotal role in shaping the Indian Constitution, Dr.Bhimrao Ramji Ambedkar is also known for his radical views on discrimination against the backward classes, particularly the untouchables, and the caste politics practiced by Hindus. Born an untouchable, he fought social discrimination at every step of his life. He was always vocal about his opposition to the treatment of not only Dalits, but also women and the disadvantaged. His path breaking ideas, most of which are relevant even today are reflected in this paper “Ambedkarism and Social Justice”.

Isara solutions

International Res Jour Managt Socio Human

This research paper critically examines the movie Article 15 as a powerful medium for highlighting the pervasive issue of caste-based discrimination and its impact on marginalized communities in India. The film's narrative, characters, and visual symbolism contribute to a nuanced portrayal of social injustice, emphasizing the need for social transformation and the enforcement of constitutional rights.

Benson Rajan

In March 2017, the village of Thottiyapati in Tamil Nadu saw Dalit homes being damaged and the members of the community being abused (Vinita 2017). It was the battle for water that led to a fight between the Dalit community of Arunthathiyar and the upper caste Thottinayaykars. In the conflict, it was unclear who the victim and the perpetrator were, with cases filed against members of both the groups for inciting violence and harassment. The Dalit community’s participation in communal violence as a solution to a basic problem like water supply raises questions about the relevance of Ambedkar’s ideas in the context of socio-political empowerment.

The Dynamics of Change and Continuity in the Era of Globalization, Muralidhar

Satyapal Ponugupati

A cybernetic model of Hindu society reveals that it is only by a constant and regular application of force and coercion in several forms like in Weltanschauung , beliefs, practices and values that the artificial social mechanism of ascending social values correlated with an exploitative economic order can be maintained. The purpose of this paper is to elucidate how the culture of violence, both in overt and covert forms, underscores and envelopes the Hindu Social order with the lower orders of the society providing the sustenance system smoothly maintained by a culturally devised value system of conditioned exploitation. The proof of this argument lies in the historical data as to where ever the premises and assumptions of this order are radically challenged, brute and violent means are adopted as deterrence so that the unnatural and undemocratic order is constantly skewed in favour of some and disadvantageous to the rest. In addition the focus is on how the violence in several forms like the denial of identity and cultural space to Dalits is the outcome of such a social order and why whenever this strata questions the rationale of this particular setup the rest of the groups in society combine to unleash violence and keep them in a state of servility. Even though violence against Dalits has become legally illegitimate, the cultural acceptance of violence against the group keeps it in vulnerable position. The recent spurt of atrocities committed against Dalits is not an accidental and sporadic phenomena but a desperate attempt to sustain the in-built cultural and economic advantages built on the ethic of violence. The contemporary anthropological explanations of violence are brought lo bear on the study of violence against Dalit groups as to how it acquired the stamp of cultural acceptance and opacity. **** Even a casual study of the assumptions, structure and practices of Hindu society reveals that it is a closed society, hierarchically arranged and Dalits being excluded out of this total structure. The first and prominent feature of Hindu society is the codes of respectability and social visibility arranged in a gradient order. To sustain it, violence is in built into the social practices itself. In other words, violence, in its broad definition of not recognizing certain individuals or groups as basic human beings or negating their human identity is the crux of this Hindu society. Violence against Dalits is only a logical extension of the culturally integrated values of not treating certain human beings as part of society or on par with others. The purpose of this paper is to explain as to how violence in its brute forms is not a temporary social unrest or sporadic phenomenon of contemporary times but inherent in the very way the social structure is constituted.

Kesava Kumar

The philosophical understanding of 'atrocity' may provide not only the political and moral meanings but also captures the phenomenon of violence since its method is descriptive, evaluative and emancipative. The phenomenon of caste violence as an atrocity has multi layered and had multiple meanings as it involves multiple actors and agencies. The act of violence is relational and intentional. The phenomenological understanding of caste violence may provide diverse vantage points in understanding 'atrocity.'. On the same act of caste violence, victim, perpetuator, police, judiciary and state provides different accounts and different approaches and so the political meaning varies. Especially, the perpetuator, caste hindu and the victim, dalit makes sense of their acts and came up with different meaning to the same act. Dalit victim articulates the caste violence as an atrocity committing against him. The perpetuator, the caste hindu justifies his act of violence by pointing out the violation of 'social norm' by the dalits. Violence therefore imposes one interpretive framework and destroys the victim's interpretive framework. We are able to find different descriptions of the same act of caste violence. Rather negating the discourse of other positions, we may use them to morally and politically strengthen the position of weak, underprivileged, voiceless, and victim by exposing them. The political meaning evolved from this may negotiate intersubjective veracity of objectively just norms. To explore into a socially constituted intersubjective meanings of the atrocity may facilitate better understanding of the social world and may provide framework for changing the social world from alternative moral and political ground.

Discrimination, Law & Justice eJournal

Aakash Guglani

"Poverty is the worst form of violence."-Mahatma Gandhi Govandi-Mankhurd is a suburb of Mumbai where slum dwellers from all over the city were relocated after their shanties were cleared for development works. The residents live with substandard infrastructure; lack of sanitation, clean air and privacy; and overcrowding. We all have seen crowded, unhygienic and non-gated spaces in and around our lives. We all have pondered why people suffer like this. Some of us feel privileged that we were born in affluent families and erase our questions with gratitude and indifference. Others respond with sharp questions for this inequitable distribution of resources. Therefore, Govandi-Mankhurd is not an exception rather it is a norm. This paper is an attempt to sharpen our questions to understand the structures of power; historical injustices; social hostilities and political decisions that create these unequal and deprivating environments. Before we move on with our questions, we need to answer why Mahatma called poverty as the worst form of violence? World Health Organisation (WHO) describes violence as "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation." ("Violence," n.d.) Now, the question arises why is poverty the worst form of violence? Paul Farmer answers this beautifully

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What is Article 15? Know about your fundamental right before you watch the film

By Shabdita Pareek

Way back in December 1946, when the constituent assembly of India first met, the drafting committee, chaired by B. R. Ambedkar, went through various constitutions of the world to pick out the best features and incorporate them while framing the constitution of India, the supreme law that would guide the government while running the country. From American constitution, our leaders borrowed the concept of Fundamental Rights.

Fundamental rights are mentioned in the third part of our constitution and form the very foundation of our country as they protect the civil liberties of the citizens. After suffering at the hands of the British who had denied us even the most basic of civil rights, the makers of Indian constitution made sure to honour the individual freedom of every Indian citizen with some fundamental rights that not only uphold the dignity of an individual but are also legally enforceable.

Article 12 to 35 of the Indian constitution, which consists of a total of 448 articles, talk about Fundamental rights. Article 15, which is further broken down into 4 points, deals with the right to equality of an individual.

What is Article 15?

Article 15 of the Indian constitution prohibits discrimination of individuals on grounds of religion, race, caste, sex or place of birth. As written in the constitution:

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-

i) access to shops, public restaurants, hotels and places of public entertainment; or

ii) 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.

In a society where caste system is so deeply entrenched, Article 15 of the constitution seeks to deal with the discrimination and give equal rights to every individual regardless of their caste, sex, religion etc. Yet, one can't deny the existence of bias towards people belonging to scheduled caste and scheduled tribes. Ayushmann Khurrana's upcoming film, titled Article 15 , is inspired from a real incident of 2014 when two minor girls from Dalit community were kidnapped, gangraped and killed in UP’s Badaun district. Their bodies were later found hanging from a tree. Khurrana plays a cop who's posted in a town where the murder of a girl uncovers the ugly face of caste-based discrimination. From the short videos of the film, which Khurrana has posted on his Instagram, the films seems like a serious attempt at confronting everyone who believe in the utterly flawed, archaic and obsolete arrangement of caste. It's also for the first time in Indian cinema that a film is calling out everyone who's ever discriminated anyone on the basis of caste and for this much-needed attempt, everyone involved in the making of the film deserves to be appreciated.

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Critical Analysis of Article 15(3) of the Indian Constitution

Published by priyangshu nag chowdhury on 10/10/2021, introduction:, article 15 restricts discrimination, article 15(3), women and sexual harassment, reservation, reservation within reservation, references:.

Discrimination happens when people treat two individuals differently under the same circumstances. In other words, discrimination is an umbrella term that includes every type of biasness due to caste, religion, skin color, gender, etc.

However, India has tasted the sense of discrimination from a very early phase. In Ancient Indian text, we got to know the caste system which preserves a lot of bigotry in respect to gender and caste of the individual. Even, during the British Raj, this practice of discrimination got spread rapidly. This action is not justifiable or accepted.

Therefore, to encounter this issue, the drafting committee of the constitution of Independent India made sure that the country is free from biases so that every individual enjoys equal rights in his or her motherland. Hence, Article 14 [1] and Article 15 [2] of the Indian Constitution establish equal rights of every individual before the court of law and prohibits the practice of discrimination on grounds of religion, race, caste, sex, or place of birth. It also created some special provisions for the backward and minorities to help them to bounce back with dignity.

In this article, we are going to look out the Article 15 and focus on clause 3 of the Indian Constitution.

Religion: It states that no person should be judged or discriminated against on the grounds of which religion the person belongs to. India has witnessed a tremendous amount of biasness in regards to religions.
Race: This means that people from different origins should not be compared or judged.
Caste: Discrimination among different castes within the society is also illegal and hence prohibited according to the law.
Sex: Biasness on the grounds of the gender is also prohibited.
Place of birth: Bigotry on the grounds of place of birth is an illegal offense according to the law

In India, the policies which are preferred are of two types:

Policies which provide advantages and benefits to the people belonging to the Socially Educated Backward Classes (SEBC), Schedule Caste (SC) and Schedule Tribe (ST);
Policies that provide advantages and benefits to the local resident of the state rather than people migrating from other states of the country.

In order to protect the interest and rights of the people belonging to vulnerable groups such as women and children, the constitution of India created Clause (3) [3] of Article 15. Through this article, the state holds power to provide special privileges only for protecting the rights and interests of women and children.

“Nothing in this article shall prevent the State from making any special provision for women and children”

One thing that should be noted here is that this classification is also known as positive discrimination in society which will help them to uplift their quality of living.

This regulation is a carte blanche. It means that the state has the whole freedom to behave as it wishes to impose differential advantages and ostensibly for the benefit of women and children. It creates a bit of discrimination, but it’s far justified because it compensates for early injustice which was faced by women and children in the male dominating society.

Several bills have been passed by the government to benefit the people of the vulnerable group such as the Right to free and compulsory education for children under the age of 14 years, section 56 of CPC [4] , the Maternity Benefit (Amendment) Act 2017, etc.

Sexual harassment against women is one of the most occurring crimes in the present years. Therefore, clause 3 of Article 15 of the Indian Constitution provides power to the government to pass special laws to protect women from sexual assaults and harassment.

Sexual harassment or assaults are a clear picture of a violation of the fundamental rights of a woman under Article 14(2) [5] and Article 15(3).

Clause 3 of Article 15 conveys that the state has the power to create special provisions to protect and support women and children belonging from Socially Educated Backward Classes (SEBC), Scheduled Castes (SC), and Scheduled Tribes (ST), creates a reservation for admission in an educational institution (both public and private institutions), and based on domicile.

The system through which this type of reservation takes place is known as Intelligible Differentia. This means that the differences or the biasness are visible through this reservation. But these advantages do not count as biasness but rather this type of discrimination is known as ‘PROTECTIVE DISCRIMINATION’ (or Positive Discrimination). These terms are often used by legislators to justify the advantages. These policies provide a platform for the people belonging to the vulnerable or underprivileged groups to lift their status in society.

However, certain sensitive fields required proper skills and knowledge. Providing reservations will disturb the balance which will lead the deserving general candidates to lose their opportunity. This practice will create a system of monopoly among the society by the people of the privileged sector.

In the case Ajay Kumar v. The State of Bihar, the issue was regarding the reservation policy under Article 15 (4) [6] in the post-graduate medical courses. The contentions raised by the appellant were that Article 15(4) neither speaks nor permits reservation in educational institutions. While certain preferences and concessions can be given, the reservation of seats is beyond the limits of clause (4) of Article 15 of the constitution of India. The appeal was rejected by the court as special provisions also include reservation provisions and not just preferences and concessions.

The reservation within the reservation is a situation in which a person already belonging to a reserved community enjoying another reservation or quota. This provision is generally for those communities which are already getting reservations from the government but still have not benefitted from it and hence required more recognition for improving the quality of their lifestyle.

Now the question arises is that is it fair to provide so many advantages for just a small group of people while neglecting others? Is this situation is further creating discrimination in the light of preventing biasness?

The answer is NO. The government evaluates the condition of this community before passing such reservations through various surveys and studies. These studies or research are done by various NGOs such as the “Think India Organisation” [7] who worked with the government agencies to collect data that will eventually help the tribes. Such kinds of facilities are only provided to the group of people who are in real need of these advantages.

Currently, the people belonging to the Maratha community enjoys reservation. On the other hand, they already fall under the OBC reservation. This is an example of a reservation within the reservation.

In the case of Rajesh Kumar Gupta v. State of Uttar Pradesh, AIR 2005 SC 2540 , The government of Uttar Pradesh created a provision for reservation for the candidates applying for the BTC training program:

50% female candidates;
50% male candidates.

The dispute was raised when the format of the reservation was arbitrary in nature and it was a violation of Articles 15 of the Indian Constitution. The Hon’ble High court of Allahabad decided that the layout of the reservation which was introduced was not according to clause 3 of Article 15 in the Constitution of India for favouring the vulnerable classes.

In the case between the Union of India v. K.P. Prabhakaran, (1997) , the Indian Railway passed a resolution for creating a post of Enquiry and Reservation clerk for the metropolitan cities.

The decision stated that the post would be held by women only. The court did not accept the point of view of the government urging that this provision is protected under Article 15(3). It said that Article 15(3) cannot be interpreted as an exception or as the provision to what is guaranteed under Article 16 (1) (2) [8] .

This caselaw is an example of the special provisions which the government issued for women and children in respect of the reservation to education and employability.

In cases between Girdhar Gopal v. State, AIR 1953 MB 147 , the petitioner was charged under Section 342 and Section 354 of the Indian Penal Code. The petitioner claimed that there is no law for protecting modesty, rights, and interest, especially for men. Therefore, Article 15 in which special protection was provided to women and children, is an act of discrimination for society.

The Hon’ble Court of Gwalior dismissed the petition by stating the law to be in consonance with Article 15(3).

In the case between Mt. Choki v. the State of Rajasthan, AIR 1953 Raj 10 , Mt. Choki along with her husband was prosecuted for bonding a conspiracy to murder their child. The accused was charged on Section 302 with Section 34 of IPC but she applied for bail on the ground that she is the only one to take care of her young son.

The judge of the Session court of Jhunjhunu did not entertain the bail plea while stating that the constitution does not hold any provision under which a prime accused can be made free on the ground of her gender.

In the case of John Vallamattom v. Union of India, AIR 2003 SC 2902, the Indian Succession Act, 1925 [9] averted the petitioners from bequeathing assets in the name of religious and charitable purposes. The petitioner argued it is discriminatory against the testamentary inclinations through a Christian

The Hon’ble Supreme Court of India stated that the act was to prevent humans from practicing injudicious deathbed bequest in religious influence. However, it is valid if a person wishes to donate his or her assets to a religious concern after his or her death. Hence, the law is honestly discriminatory in nature as because the tangible assets of any Hindu, Muhammadan, Buddhist, Sikh, Jain, or Parsi have been excluded from the provisions of the Act. Further, no perfect reasoning was supplied to reveal why the provision regulates religious and charitable bequests of Christians only.

The system through which this type of reservation takes place is known as Intelligible Differentia or Protective Discrimination.

[1] Indian Kanoon, Article 14 of the Indian Constitution , Indian Kanoon (23 th Aug, 2021, 9:00 AM) https://indiankanoon.org/doc/367586/

[2] Indian Kanoon, Article 15 of the Indian Constitution , Indian Kanoon (23 th Aug, 2021, 11:00 AM) https://indiankanoon.org/doc/609295/

[3] Indian Kanoon, Article 15 (3) in the Constitution of India , Indian Kanoon (24 th Aug, 2021, 11:00 AM) https://indiankanoon.org/doc/1603957/

[4] Law Rato, Section 56 CPC – Code of Civil Procedure – Prohibition of arrest or detention of women in execution of decree for money, Law Rato (24 th Aug, 2021, 10:00AM) https://lawrato.com/indian-kanoon/cpc/section-56

[5] Indian Kanoon, Article 14(2) in the Constitution of India , Indian Kanoon (24 th Aug, 2021, 11:00 AM) https://indiankanoon.org/doc/1091639/

[6] Indian Kanoon, Article 15 (4) in the Constitution of India , Indian Kanoon (23 rd Aug, 2021, 7:00 PM) https://indiankanoon.org/doc/251667/

[7] Think India Organization , https://www.thinkindiaorg.in/ , (24 th Aug, 2021, 10:00AM)

[8] Indian Kanoon, Article 16 in the Constitution of India, Indian Kanoon (25 th Aug, 10:00AM) https://indiankanoon.org/doc/211089/

[9] Bare Acts Live, Indian Succession Act, 1925, Bare Acts Live (25 th Aug, 2021, 12:00PM) http://www.bareactslive.com/LCR/LC110.HTM

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How A Young Cop Discovers Caste In Anubhav Sinha’s Article 15, Explained Through Photos

After a fine Mulk , Anubhav Sinha returns with another sharply-observed film, Article 15 . The film follows the journey of Inspector Ayan Ranjan (Ayushmann Khurrana) who is assigned the task of investigating the murder of two Dalit girls in Laalgaon, Uttar Pradesh. Inspired from many real-life events and characters, the film incorporates the continuing role of caste in contemporary India to create an astute political thriller.

Article 15 begins with a tribute to Bob Dylan and moments later his song Blowin' In The Wind plays on the radio. The lyrics, " How many roads must a man walk down before you call him a man? " summarize the film's theme which asks for equality amongst all citizens. At a later point in the film, Dalit leader Nishad (Mohammed Zeeshan Ayyub) also says something similar. In a secret meeting with Ayan, he tells him, " Hum kabhi harijan ho jaate hain, kabhi bahujan ho jate hain, bas jan nahi ban paa rahe hain ke Jan Gan Man me hamari bhi ginti bhi ho jaaye ." ( Sometimes we are called Harijans, sometimes Bahujans. But we are never counted as citizens, so we would be counted as equals .) When will all Indians have the same rights in reality as opposed to having them only on paper? The film raises this key question.

It is a common saying that if one does not know his caste, he most likely belongs to an upper caste. This seems to be the case with Ayan as well. He grew up in a city and lived a largely privileged life. To him, rural India is an exotic place defined by the beauty of Khajuraho and the Taj Mahal. Even his name Ayan sounds more urban than the other characters in the film. After a few days, Ayan learns that countryside India is the " Wild, Wild West ." For the first time, he sees the pernicious impact of the caste system on people. When he is being driven to Laalgaon, there is a copy of Jawahar Lal Nehru's Discovery of India beside him. Article 15 is also the journey of Ayan on the discovery of India where he learns about the events that are shown on Page 7 of the newspapers while he has been a part of Page 3. His girlfriend Aditi (Isha Talwar) tells him that all his life he has followed what others have told him to. She remarks, " Tum jo khud ho dhoondna bhi nahi chahte. Khud ke paas nahi ho toh mere paas kya rahoge. "

Ashutosh Gowariker's Swades: We, the People depicted the self-discovery of a Non-Resident Indian Mohan Bhargava (Shah Rukh Khan) who leaves the US and comes back to India. A mineral-water drinking Mohan embraces the water of his country and accepts it as his calling. Article 15 shows Ayan's self-discovery where he moves from urban India to rural India. Mohan was more aware of the challenges and the reality of India, while Ayan is ignorant. Water is shown as a means of discrimination in this film as well but in a different way. Ayan is advised not to buy a water bottle from a village of lower-caste people. The water that is served to him is covered with foil. When villagers come to his house, they are offered water directly from the jug because they won't drink from glasses.

In Mulk , Sinha showed the discrimination faced by a Muslim family because of their religion. It opens with a teacher writing two words in the Urdu script— khuda and juda —where he mentions that the structure of these two words is the same, the only difference being the position of the dot. It is about how people are prejudiced against others on the basis of the khuda (God) they follow. Hindu neighbours would come to functions of their Muslim neighbours but not eat at their home. The film's tagline ' When your own disown you' conveyed a sense of otherizing. In Article 15 , Sinha shows the same segregation of fellow citizens into u s and t hem on the basis of their caste. The film takes its title from Article 15 of the Indian constitution that prohibits the state from discriminating against a citizen on grounds of religion, race, caste, sex, or place of birth. Like the food in Mulk , an upper-caste police officer is asked not to eat from the same plate used by a lower-caste police officer. Article 15 's tagline also conveys the theme of otherizing. Farq bahut kar liya, ab farq laayenge .

Article 15 compares the events in the film to a mess. Ayan confides to Aditi that he is in a messed-up situation and will have to "unmess" it. This is going on while he's literally walking through a mess. Other things are also broken but no one seems to care, like the broken fan or the leaking tank. The literal messed-up situation again comes to the fore in the climax that involves the swamp. Brahmdutt Singh (Manoj Pahwa) pleads to Ayan to not do anything about the case of the missing girls and compares the situation in the village to a daldal (quicksand) . He says, " Daldal hai, sir. Mat ghusiye, sir. Ek baar ghus gaye toh nikal nahi paayenge ." Later, an actual daldal comes into play when Ayan asks policemen to enter the swamp to find the missing girl. Eventually, Ayan also enters the daldal symbolizing that he is as much a part of the caste system and needs to enter it to "unmess" the situation.

Cinematographer Ewan Mulligan has shot the film beautifully, taking inspiration from his favourite films. It is hard to miss out on the eerie look of the village which evokes a feeling of a post-apocalyptic world. The film opens with a statue of Dr. B.R. Ambedkar getting drenched in torrential rain. Fog, smoke, and dust often cloud the screen when something sinister is about to be revealed. The visual tone of the film is quite grim. Mulk was also shot in a way that gave out a feeling of coldness.

The film has nicely etched characters with unique traits. Brahmdutt shows immense kindness to street dogs by feeding them biscuits and taking them to the veterinary doctor but shows no empathy to human victims of flogging who were seething in pain. Gaura (Sayani Gupta) is determined and self-respecting. She never pleads in front of police inspectors. When other villagers came to Ayan's house, they folded their hands, but not her. Perhaps that is why her last scene in which she is folding hands in front of Ayan felt like a false note in her character. There has been some criticism of the film suffering from a saviour complex, but this article critiques other issues with the film lucidly.

The film's most memorable character is Nishad, played by Mohammed Zeeshan Ayyub. Nishad's ideology is inspired by the views of many real-life figures. He is the Daliton ka Robin Hood . Gaura remarks that Nishad learned from Bhagat Singh that to draw attention to the cause, one has to make a noise. " Behron ko sunaane ke liye dhamaake ki zarurat hoti hai. " When Nishad is arrested by the police, he remembers the views of the Punjabi poet Paash. Moments before he is shot, Nishad twirls his moustache like the way freedom fighter Chandrashekhar Azad did. Nishad is also dressed like Chandrashekhar Azad of the Bhim Army, wearing his signature blue scarf. He gets the most moving scene in the film where in a moment of vulnerability, he confesses to Gaura that he wasn't able to sit with her in peace for even five minutes. In contrast, Ayan mentions to Aditi that he never sees in her eyes the passion that he sees in Gaura's eyes for Nishad.

At one point, Chandrabhan (Shubrajyoti Bharat) narrates a story from Ramayana where people from a village choose to be in darkness because it made Lord Ram's palace appear brighter from their unlit houses, signifying how people learn to live with the status quo. Later, Brahmdutt warns Ayan to not break the power balance—" Santulan mat bigadiye ." Chandrabhan reiterates to Ayan that Brahma made the hierarchical rules of society and that we have no right to break that balance. The film questions the very need for this balance. Lekin Raja bananna hi kyun hai? Bas aise log chahiye jo hero ka wait na karein. Only those who benefit from the power balance try to preserve it. This topic of santulan harks back to Vishal Bhardwaj's Maqbool. There too, two policemen, Pandit (Om Puri) and Purohit (Naseeruddin Shah), kept referring to shakti ka santulan— the balance of power. They used to say, " Shakti ka santulan bahut zaroori hai is sansar mein. Aag ke liye pani ka darr bana rehna chahiye ." For them too, the balance of power is in their self-interest and is maintained when rival gang members eliminate each other. It meant less work for them and they continued to get money from Abbaji (Pankaj Kapur).

Article 15 also comments on the tyranny of distance that makes a lot of us forget the reality. Chandrabhan wonders that every day he hears news about violent crimes from other places and they all seem to be distant. But, in reality, nothing is distant as the one who took part in the violent crime sat next to him for twelve years. Lekin duur kuch hota nahin hai . The distance of time and space is only an illusion and these discriminatory practices have been happening all around us. Ayan's troubles in Laalgaon make Aditi ask him if he feels that he has entered the planet Mars. It is not Mars, it is Earth, it is happening all around us, she says. The film is trying to 'educate' people who think that these are far-off places.

In the last scene of Mulk , we see a young boy wearing a skull cap and the jersey of the Indian cricket team with Dhoni's name on it. Along with films, cricket is a unifying force in a nation that is dealing with numerous fault lines every day. Mulk which opened with a chapter on separation ( juda khuda ), ended on a note of unification. Likewise, during the final moments of Article 15 , Ayan questions the caste of an old woman, who sells food by the road. He asks her to give food to all the policemen with him. When she is about to respond, a truck passes by with the words ' Mera Bharat Mahaan ' written behind it. The woman's response is never heard in the cacophony of the truck's noise. We can only hear the policemen laughing. It is on this note that the film ends where it reiterates the spirit of equality of all humans and tries to drown out the noises that create a sense of discrimination among them.

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The Pregnant Workers Fairness Act: What U.S. Employers Need to Know

Cynthia Thomas Calvert

A new federal law requires organizations with 15 or more employees to accommodate all health needs at work arising from pregnancy, childbirth, and related conditions.

This year in the U.S., the Equal Employment Opportunity Commission (EEOC) issued final regulations to implement the Pregnant Workers Fairness Act (PWFA), a new federal law that requires the federal government as well as private, state, and local employers with 15 or more employees to accommodate all health needs at work arising from pregnancy, childbirth, and related conditions. The authors, who have counseled and trained hundreds of employees, businesses, and attorneys on the new law, outline what leaders need to know to support their pregnant workers while avoiding unnecessary EEOC charges and litigation.

The ground rules of pregnancy accommodation have recently shifted significantly. In April, the Equal Employment Opportunity Commission (EEOC) issued final regulations to implement the Pregnant Workers Fairness Act (PWFA), a new federal law that requires employers to make reasonable accommodations for pregnancy, childbirth, and related medical conditions.

LM Liz Morris is the incoming co-director of the Center for WorkLife Law at the University of California, College of the Law, SF.
CC Cynthia Thomas Calvert is senior advisor at WorkLife Law and the principal of Work+Family Insight, an HR consulting firm.

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Article-15.pptx
Article-15.pptx. Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex or place of birth. It aims to remove disabilities and create opportunities. Article 15 (1) prohibits the state from discriminating against any citizen on these grounds. Article 15 (2) prohibits discrimination in access to ...
Article 15 of Indian constitution
Article 14 is general in nature in the sense it applies both to citizens and non citizens. Article 15 (1) cover only the Indian citizens. No non-citizen can claim right under Article 15 (1). 2. Article 14 permits any reasonable classification on the basis of any rational criterion Article 15 (1), certain grounds mentioned therein can never form ...
Article 15 of the Indian Constitution
Special provision for the advancement of backward class : Article 15(4) of the Indian Constitution. Coming onto the next clause, i.e. Clause (4) of Article 15 of the Indian Constitution. It allows the state to enact laws and provisions relating to the advancement of socially and educationally backward classes and the scheduled castes and scheduled tribes.
Art.15
Art.15. This document discusses affirmative action and reservations in India under Articles 15 and 16 of the Indian Constitution. It provides context on the need for protective discrimination and summarizes key cases related to discrimination on the basis of caste, gender, religion and place of birth. It also summarizes the recommendations and ...
PPT
Article 15 of Indian Constitution says that the state shall not discriminate against any citizens on the grounds only of faith, race, caste, sex, or place of birth. the two crucial words during this provision are u2018discriminationu2019 and u2018onlyu2019. ... An Image/Link below is provided (as is) to download presentation Download Policy: ...
Article 15: Prohibition of discrimination on grounds of religion, race
Draft Article 9 (Article 15) was debated on 29 November 1948. It prohibited discrimination on five grounds: religion, race, caste, sex or place of birth. Some members argued that the Draft Article did not engage with discrimination based on family or descent.
ADC
SAMPLE ARTICLE 15 PRESENTATION MEMORANDUM FOR (Commander) FROM: (Your rank and name) SUBJECT: Written Presentation in Response to Article 15 Action 1. I have consulted with my appointed defense counsel, Capt _____, concerning your offer of Non-Judicial Punishment under Article 15 of the UCMJ. I have decided to accept this forum and would like ...
Article 15 of Indian Constitution, Provisions, Explanation
Article 15 Clause: Provisions: Article 15(1) It provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. Article 15(2) It states that no citizen shall be subjected to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex, or place of birth with regard to:
Article 15 in Constitution of India
Article 15 in Constitution of India. 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. (b) the use of wells, tanks, bathing ghats, roads and places of public resort ...
Article 15 Of Indian Constitution: Notes For UPSC
Article 15 (1) prohibits the State from discriminating based only on religion, race, caste, sex, or place of birth. Thus, it " prohibits class legislation". The clause "based only on" means that the State cannot legislate solely to discriminate against or in favour of a class (i.e. particular religion, race, caste, sex, etc.).
Article 15 of the Indian Constitution
The Articles 15(4) and 16(4) take into account the de facto inequalities which exist in the society. In order to bring about the real equality, preference given to the socially and economically disadvantaged groups is justified. Under Article 14, 15 and 16, the protective discrimination is a facet of quality.
Article 15 of the Constitution of India
e. Article 15 of the Constitution of India forbids discrimination on grounds only of religion, race, caste, gender, or place of birth or any of them. It applies Article 14 's general principle of equality in specific situations by forbidding classifications made on protected grounds. [1] While prohibiting discrimination based on prejudice, the ...
PPT
Download Presentation Article 15. An Image/Link below is provided (as is) to download presentation Download Policy: ... Article 15 of Indian Constitution says that the state shall not discriminate against any citizens on the grounds only of faith, race, caste, sex, or place of birth. the two crucial words during this provision are ...
EXPLAIN OF ARTICLE 15 WITH THE Case laws on Various Provisions ...
Article 15(3): Nothing in this section can stop the state from making any special laws for women and children. Under this article, the state has been empowered to make special provisions for Women and Children. Under this article, the court had upheld the validity of legislation or executive orders discriminating in favor of women.
Top 3 Tips for Responding to Article 15 Nonjudicial Punishment
Here are our top tips for responding to Article 15 Nonjudicial Punishment. #1. Confront the Allegations and Evidence. An Article 15 Nonjudicial Punishment starts with your commander receiving some evidence that you did something wrong. That evidence may be one-sided, and it may not include the whole story. But your commander reviewed it and ...
What is Article 15 of the Indian Constitution? Important Features and
4. Right to freedom of religion (Article 25-28) 5. Cultural and educational rights (Article 29-30) 6. Rights to constitutional remedies (Article 32) Features and Provisions of article 15 are ...
PDF Article 15 Fact Sheet
OMPF. When an Article 15 is designated for the restricted section, that section is reviewed to ensure that it does not already contain a previous Article 15. If you already have an Article 15 in the restricted section of your OMPF, the new Article 15 will automatically be placed in the performance section of your OMPF. The performance
Article 15 of the Indian Constitution Explained
Article 15(3) of the Indian Constitution. Clause (3) of Article 15 contains an exception to the rule given under clauses (1) and (2) of Article 15. It empowers the State to make special provisions for women and children. It states that nothing in Article 15 should prevent the State from formulating any special provision for women and children.
Article 15 Information
Non-judicial punishment is a military justice option available to commanders. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial The decision to impose an Article 15 is completely the commander's. A soldier may, however, refuse to accept ...
Airman owns mistake, recovers from Article 15, becomes shining example
A Uniform Code of Military Justice Article 15 is the highest form of military non-judicial punishment and is often referred to as career-ending paperwork. She was then demoted from Senior Airman to Airman First Class. What she did next can serve as an example to anyone who makes a mistake, said Lt. Col. Jade Reidy, 7th OSS commander.
Article 15(3) of the Constitution of India: Fertile Ground for Pro
The Apex Court has enthusiastically amplified the scope of Article 15(3) holding it wide enough to cover the entire range of State activity. Moreover, the same Court has upheld 'laws that treat women more favorably than men', and has also interpreted 'ambiguous laws' via pro-women stances, thus validating the concept 'protective discrimination'.
Article 15: Some Misleading Facts but Genuine ...
Article 15 of the Indian Constitution The project is allegedly stirred by real life incidents of caste discrimination against Dalits in general and the Badaun gang rape case of 2014 in particular. Nevertheless, in order to cover multiple incidents in a single film, the director failed to give justice to several Dalit characters in it.
What It Takes to Give a Great Presentation
Here are a few tips for business professionals who want to move from being good speakers to great ones: be concise (the fewer words, the better); never use bullet points (photos and images paired ...
Article 15 Military Disciplinary Process
An Article 15 doesn't create a criminal record and, in some cases, will end up being removed from military records. ... The presentation of evidence at a Summary Court-Martial is governed by the Military Rules of Evidence. These rules are similar to the evidence rules used in civilian court. The fact that these evidence rules are used means ...
What is Article 15? Know about your fundamental right before ...
Ayushmann Khurrana's upcoming film, titled Article 15, is inspired from a real incident of 2014 when two minor girls from Dalit community were kidnapped, gangraped and killed in UP's Badaun ...
Critical Analysis of Article 15(3) of the Indian Constitution
Article 15 (3) In order to protect the interest and rights of the people belonging to vulnerable groups such as women and children, the constitution of India created Clause (3)[3] of Article 15. Through this article, the state holds power to provide special privileges only for protecting the rights and interests of women and children.
Anubhav Sinha's Article 15 Explained Through Photos
18 Sep 2019, 4:16 am. After a fine Mulk, Anubhav Sinha returns with another sharply-observed film, Article 15. The film follows the journey of Inspector Ayan Ranjan (Ayushmann Khurrana) who is assigned the task of investigating the murder of two Dalit girls in Laalgaon, Uttar Pradesh. Inspired from many real-life events and characters, the film ...
Reference examples
More than 100 reference examples and their corresponding in-text citations are presented in the seventh edition Publication Manual.Examples of the most common works that writers cite are provided on this page; additional examples are available in the Publication Manual.. To find the reference example you need, first select a category (e.g., periodicals) and then choose the appropriate type of ...
This is how bullets from an AR-15 blow the body apart
This is a .223-caliber-sized round inside an AR-15. What makes the weapon so deadly is the speed of that bullet. It is small and light. Its cartridge holds enough propellant to send the bullet ...
The Pregnant Workers Fairness Act: What U.S. Employers Need to Know
Summary. This year in the U.S., the Equal Employment Opportunity Commission (EEOC) issued final regulations to implement the Pregnant Workers Fairness Act (PWFA), a new federal law that requires ...

Article 15 of the Indian Constitution

Introduction

Scope of the word ‘discrimination’

Overview of Article 15 of the Indian Constitution

Clause 1 of Article 15 of the Indian Constitution

Gender

Place of birth

Clause 2 of Article 15 of the Indian Constitution

Clause 3 of Article 15 of the Indian Constitution

Special provision for Women and Children

Women and sexual harassment under Clause 3 of Article 15 of the Indian Constitution

Clause 4 of Article 15 of the Indian Constitution

Clause 5 of Article 15 of the Indian Constitution

Clause 6 of Article 15 of the Indian Constitution

Affirmative action

Reservation

Reservation in Medical Colleges

On the basis of domicile

Reservation within Reservation

Area-wise reservation : Article 371

Special provision for the advancement of backward class : Article 15(4) of the Indian Constitution

Is Article 15(4) a Fundamental Right

The Amendment

The Government’s viewpoint

Recent same-sex marriage judgement

Interplay of Articles 14, 15 and 16 of the Indian Constitution

References:

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Article 15 of Indian Constitution, Provisions, Explanation

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