Equality through differential treatment
Also called: Differential treatment · Topic: Equality and Social Justice · NCERT: Class 11, Ch 3 "Equality"
Meaning
This means treating people differently so that they can enjoy the same rights as others. Such treatment adds to equality; it does not break it. The Constitution allows it. Art. 15(3) permits special provisions for women and children. Art. 15(4), added by the 1st Amendment in 1951, permits special provisions for backward classes. In N.M. Thomas (1976), the Supreme Court read Art. 16(4) as part of Art. 16(1). This moved the law towards substantive equality, which means equality in real life and not just on paper. Each such measure must still be justified, and it must not create a new group that dominates others.
Example
Ramps for disabled people under the RPwD Act 2016, safe transport for women working night shifts, and 26 weeks of maternity leave under the Maternity Benefit (Amendment) Act 2017 are all examples.
Don't confuse with
- Reverse discrimination: this is the critics' charge that quotas unfairly deny equal treatment to other groups. Differential treatment is defended as a way to reach equality.
- Formal equality: this asks only that the law treat everyone the same.