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Article 15

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Polity/Constitutional Framework /Fundamental Rights/Right to Equality/
Article 15

Article 15

➤ Article 15:
Prohibition of Discrimination: The State shall not discriminate against any citizen based solely on religion, race, caste, sex, or place of birth.
Key Terms:
  • 'Discrimination': Making an adverse distinction against someone or distinguishing unfavorably from others.
  • 'Only': Indicates that discrimination on other grounds (not specified) is not prohibited.
➤ Prohibited Actions:
No citizen shall face discrimination based solely on religion, race, caste, sex, or place of birth in:
  • Access to shops, restaurants, hotels, and public entertainment places.
  • Use of wells, tanks, roads, bathing ghats, and other public areas maintained by the State or open to the general public.
Discrimination is prohibited both by the State and private individuals in these contexts.
➤ Exceptions: There are four exceptions to the general rule of non-discrimination:
i) Special Provisions for Women and Children:
  • The State can make special provisions for women and children, such as reserving seats for women in local bodies or providing free education for children.
ii) Special Provisions for Socially and Educationally Backward Classes and SCs/STs:
  • The State can make special provisions for the advancement of socially and educationally backward classes, as well as scheduled castes and scheduled tribes.
  • This includes reservation of seats or fee concessions in public educational institutions.
iii) Admission to Educational Institutions:
  • Special provisions can be made for socially and educationally backward classes and scheduled castes/tribes in admission to educational institutions, including private institutions (both aided and unaided), except minority institutions.
iv) Provisions for Economically Weaker Sections:
  • The State can make special provisions for the advancement of economically weaker sections.
  • The State can reserve up to 10% of seats in educational institutions (including private, both aided and unaided), except minority institutions, for economically weaker sections.
  • These reservations are in addition to existing reservations and are based on criteria such as family income and other economic indicators.