Constitution of Bharat: Article 15: Part 6

 

Several central and state enactments in India have been influenced by or directly relate to Article 15 of the Constitution, which prohibits discrimination and allows for certain affirmative actions. Here are some notable examples:

Central Enactments:

1. The Protection of Civil Rights Act, 1955:
   • This act, originally known as the Untouchability (Offences) Act, was enacted to enforce the constitutional prohibition of untouchability under Article 17 but also aligns with Article 15's aim to prevent discrimination based on caste. It prescribes penalties for enforcing religious, social, or caste-based discrimination.
2. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989:
   • This act provides special protections for Scheduled Castes and Scheduled Tribes, aiming to prevent any form of discrimination or atrocities against these groups, which aligns with the affirmative provisions under Article 15(4).
3. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act):
   • While primarily based on Article 21A, it also reflects Article 15's principles by ensuring non-discriminatory access to education for all children, with special provisions for disadvantaged groups, including children from Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes.
4. The Central Educational Institutions (Reservation in Admission) Act, 2006:
   • This act implements reservations for students from Other Backward Classes (OBCs) in central educational institutions, including premier institutes like IITs and IIMs, in accordance with Article 15(5).
5. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Now replaced by Rights of Persons with Disabilities Act, 2016):
   • Although not explicitly based on Article 15, it promotes the integration and non-discrimination of persons with disabilities, reflecting the broader principle of equal treatment under Article 15.

State Enactments:

States in India often enact their own laws or modify central legislation to suit local needs while adhering to the constitutional framework:

1. Reservation in State Educational Institutions:
   • Many states have their own laws providing for reservations in educational institutions for various categories including SCs, STs, OBCs, and now EWS, following the central model but tailored to state-specific backward classes or regional demographics. For instance, Tamil Nadu's policy on reservations is notably high, reflecting local socio-political dynamics.
2. State-Specific Laws on Untouchability and Discrimination:
   • States like Kerala have stringent local laws against untouchability and caste-based discrimination, often going beyond the central acts to tackle region-specific issues.
3. State Employment Reservation Acts:
   • States like Maharashtra, Andhra Pradesh, and Telangana have detailed reservation policies for public employment that are in line with Article 15(4) and extend to include various categories of backward classes recognized at the state level.
4. Local Self-Government Reservation:
   • Acts like the Kerala Panchayat Raj Act or the Maharashtra Municipal Corporations Act incorporate reservations for SCs, STs, and women in local bodies, reflecting the principles of Article 15(3) for women and Article 15(4) for backward classes.
5. Welfare Schemes for Women and Children:
   • Many states have enacted specific laws or schemes for the welfare of women and children, like the Karnataka Prohibition of Violence Against Women and Children Act, which supports the special provisions allowed under Article 15(3).

These enactments, whether central or state, are designed to translate the constitutional mandate of non-discrimination and equality into actionable laws, policies, and programs, ensuring that the principles of Article 15 are effectively implemented across different sectors and levels of governance in India.