The Sandip Roy Show How attainable is equality in India? ft Saurabh Kirpal
Sep 29, 2024
Join Senior Supreme Court lawyer Saurabh Kirpal as he dives deep into the complexities of equality in India. He discusses his book 'Who is Equal,' exploring the challenges of Article 14 in contexts like reservations and LGBTQ+ rights. Saurabh shares personal experiences navigating societal inequalities, critiques the reservation system, and examines the balance between personal laws and fundamental rights. He emphasizes the importance of addressing historical injustices and reflects on the hope for genuine equality in an evolving legal landscape.
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Personal Moment That Sparked Advocacy
- Saurabh Kirpal first felt legal inequality when his partner could not get a visa because they were not married.
- That personal barrier pushed him to recognise and challenge structural discrimination in India.
From Formal To Substantive Equality
- The framers modelled Article 14 on the US 14th Amendment, favouring formal equality based on identical treatment.
- Indian jurisprudence later shifted toward substantive equality to address structural disadvantage.
Different Axes Of Equality In The Constitution
- The Constitution treats religion, caste and gender as distinct equality issues, granting group rights to minorities while targeting caste with reservations and anti-untouchability measures.
- Women received weaker structural protections compared with caste-focused provisions.