Formal equality
Topic: Equality and Social Justice · NCERT: Class 11, Ch 3 "Equality"
Meaning
Formal equality means ending legal systems of privilege, so that the law treats every citizen the same, whatever their caste, race, religion or gender. In India it rests on Arts. 14 to 18. Art. 14 gives "equality before law", an idea taken from Britain. It also gives "equal protection of laws", taken from the US 14th Amendment. Art. 15 bans discrimination, Art. 16 gives equality in public jobs, Art. 17 abolishes untouchability, and Art. 18 abolishes titles. Formal equality is necessary, but it is not enough. People who start from very unequal positions may stay unequal even when the law treats them the same.
Example
The law once denied the poor the vote, barred women from professions and restricted jobs by caste. Formal equality removes such rules. Art. 17, backed by the Protection of Civil Rights Act 1955, is one example.
Don't confuse with
- Substantive equality: this looks at whether people are equal in real life, and it may need differential treatment. N.M. Thomas (1976) moved the law towards it.