EQUALITY By Mr. Mahesh Jaiwantrao Patil M.A. (Political Science), M.Phil , NET, SET, & Ph.D (Pursuing) Assistant Professor, Narayanrao Chavan Law College, Nanded, Maharashtra, India. Cell No . (+91)9860816313 CHAPTER IV
To understand Meaning & definition. To understand Nature of equality. Types of Equality. To elaborate concept Equality of Opportunity. To understand Political Equality & Affirmative Action concept. Object of the chapter
Equality, like liberty is one of the fundamental pillars of democracy. The American Declaration of Independence in 1776 proclaims that " We hold these truths to be self –evident that all men are created equal ". The French Declaration of Rights of Man (1789) also emphasizes " Men are born , and always continue , free and equal in respect of their rights". The Charter of United Nations also recognizes equality in international sphere when it says : " The organization is based on the principles of sovereign equality of all its members". INTRODUCTION
Equality means that all men are equal and should be entitled equal , opportunity and treatment. Equality means all things that are equal when measured by society's standards. Everyone or everything is on the same level in ability, rank, quality, quantity or social standing. Fairness is an essential feature of equality. The objective is for all people to receive fair treatment regardless of their background or social status. Government services are one measure of how equality works in everyday life. For example, when applying for a driver's license, everyone is given the same written and vehicle operation test. Meaning
Equality plays a role in both the public and private sectors on issues of employment. Workplaces commonly have non-discrimination policies based on the principle of equality. Ideally, employees are treated equally while on the job. Equality can also be applied to anything that is uniform in nature.
Prof Barker:- equality is derived from the supreme value of the development of in each like and equally , but each along its own different time and its own separate motion“. Definition
Liberty and Equality taken together, describe the conditions of human liberation. The problem of equality and inequality has figured in political thought since earliest times. Aristotle discovered that 'inequality' was a cause of rebellion in many a state. It is essential to note that the modern idea of equality is derived from the theory of rights. Equality is a 'prescriptive' term and not a 'descriptive' term. Nature
Kinds of Equality Legal. Natural. Civil. Political. Social. Economic. International . Types/ kinds/Classification
Legal Equality : Legal equality or equality before law is fundamental to legal justice. Legal equality implies that all are alike in the eye of law and that are entitled to its equal protection. The rich and poor , the high and low should all be treated alike. No distinction should be made between man and man on the ground of social status, religious faith or political opinion. In short, Legal equality or equality before law implies absence of discrimination. The Rule of Law is practiced in the Great Britain and many other countries of the world.
Natural Equality : Natural equality rests on the principle that nature has created every one as equals. On the contrary, in reality we can seldom find such equality, as the world is prone with more inequalities than equality. People differ greatly in their intelligence, height, colour , physical strength and mental makeup. Natural equality is meant as the provision of equal treatment and equal opportunities to all human beings, irrespective of natural differences. It implies that all men are born free and equal and are endowed with equal gifts and talents. It also means that the State should try to reduce inequality, rather than increase it. The State should provide those social and economic opportunities that offer equal chances. Natural equality is rather an ideal and not an immediate reality. This ideal should be attained in a society as far as possible.
Political :- Political Equality implies that everyone has equal access to the avenues of power. All citizens whatever may be their differences in status , education and wealth should have an equal voice in the management of public affairs and in holding public offices. Universal adult franchise is the expression of political equality. All democratic countries are based the principle of "one man , one vote , one value" is faithfully adopted. Equality of opportunity in getting elected and in holding public offices , freedom of expression and association and rights to seek redressal of public grievances are the important pillars of political equality
Social: it means that all citizens are entitled to enjoy equal status in society and no one is entitled to special privileges. There may be rational distinction in the society with regard to occupation and professions, but the feeling of inferiority and superiority should not be attached to these. It stands for all should be treated equally in the eyes of law, no discrimination on grounds of colour , caste, creed, sex, religion etc. , removal of social stigmas like untouchablity . On the 10'th December ,1948. UNO, declared the charter of Human Rights which laid stress on social equality.
Economic Equality: Economic equality involves a certain level of income and removal of gross inequalities of wealth. Economic equality is the prerequisite for the existence and enjoyment of political, social and legal equality. It does not mean equal distribution of wealth, which is not practical, but prevent the concentration of wealth in a few hands. Economic condition of an individual essentially influences his political condition. It means that there should be equal opportunity to all citizens in matters of availability of consumer goods, wealth and property. Similarly every one should have the same facility for jobs, work and in industry. There should be equal wages for equal work
International Equality : It means the principle of equality shall be extended to all people in all the countries. The same is true of nations and states. There cannot be different treatment between states and between people.
Equality of Opportunity (Definition) : Equality of opportunity is a political ideal that is opposed to caste hierarchy but not to hierarchy per se. The assumption is that a society contains a hierarchy of more and less desirable, superior and inferior positions. In a caste society, the assignment of individuals to places in the social hierarchy is fixed by birth. Social mobility may be possible in a caste society, but the process whereby one is admitted to a different level of the hierarchy is open only to some individuals depending on their initial inscriptive social status. In contrast, when equality of opportunity prevails, the assignment of individuals to places in the social hierarchy is determined by some form of competitive process (Merit), and all members of society are eligible to compete on equal terms. Different conceptions of equality of opportunity construe this idea of competing on equal terms variously. Equality of opportunity
Formal Equality of Opportunity : Formal quality of opportunity requires that positions, posts & superior advantages should be open to all applicants. Applications are assessed on their merits, and the applicant deemed most qualified according to appropriate criteria is offered the position. Discrimination and Formal Equality of Opportunity : Whimsical hiring violates formal equality of opportunity just as much as discrimination against some applicants because the applicant is a member of a socially disfavored group, the latter is evidently a more serious violation of formal equality of opportunity. Whereas being the object of discrimination because one is a group that has been targed for oppressive treatment in the past is likely to be a wound to one's sense of dignity and self-respect, being the victim of whimsical or idiosyncratic (Individual) hiring practices is less likely to inflict a significant psychic wound over and above the loss of the job itself. A) Different Conceptions of Equality of Opportunity
B) Substantive Equality of Opportunity : The difficulty with formal equality of opportunity is that it is merely formal. Imagine a society ruled by a hereditary warrior class. Reformers bring about a change. From now on, membership in the warrior class will not be drawn exclusively from the wealthy stratum of the society. Warriors will instead be selected on the basis of a competitive examination. However, it turns-out that only scions of the wealthy stratum pass the exam and become warriors. In this set up advocates for the non-wealthy strata of society might object that none but members of the traditional wealthy elite have a chance to satisfy the eligibility requirements for admission to the warrior class.
C) Democratic Equality of Fair Opportunity : Equality of opportunity ideals apply to the process that selects political rulers and political decisions. Consider two conceptions of democratic equality. Formal democratic equality requires that all long-term residents of a political society be eligible to become citizens and that all citizens are eligible to vote and stand for office in free and fair elections that pick law-makers for the society. Affirmative Action : The different types of conceptions of equality of opportunity suggests the complexity of the task of assessing what are called "affirmative action” programs in societies that are marred by a history of caste hierarchy and systematic discrimination that excludes some groups in the population from any significant access to the fruits of social cooperation.