An ideal primer on the Equality debate

Noted advocate-activist Saurabh Kirpal’s ‘Who is Equal?’ is a necessary and accessible reading for our times

GN Bureau | October 29, 2024


#Constitution   #Law   #Equality   #Society  
Economic equality is just one of the more noticed manifestations of equality (Photo: Governance Now)
Economic equality is just one of the more noticed manifestations of equality (Photo: Governance Now)

Who Is Equal?: The Equality Code of the Constitution
Saurabh Kirpal
Penguin/Vintage, 304 pages, Rs 699

The idea of equality holds a place of its own in the history of humankind. There is a deep-rooted psychological need, noticed even in infants, to be treated on a par with comparable cases. Not being treated thus can affect one’s personality and worldview. Yet, even parents are known not to treat all children equally. As the proverb in many Indian languages goes, not all fingers are equal. Then, there is an opposite situation in which being treated ‘equally’ is the problem, and what was needed was discrimination – positive discrimination.

In other words, formulating our understanding of ‘equality’ and spelling out our aspirations in that regard is not an easy task.

For example, in the famed Preamble of India’s Constitution, “We, the People of India” express resolve to secure “Justice, Liberty and Equality” for the citizens of the country. What does this holy trinity of democratic values entail? The Preamble further specifies:

“JUSTICE, social, economic and political;
“LIBERTY of thought, expression, belief, faith and worship;
“EQUALITY of status and of opportunity; …”

For justice, three dimensions of it have been named. For liberty, five aspects of it have been mentioned. As for equality, the preamble speaks only of status and opportunity. Of course, equality too has dimensions.

Saurabh Kirpal, senior advocate at Delhi High Court and Supreme Court of India and noted rights activist, unpacks the concept of equality in the introduction and the opening chapter of his thought-provoking book, ‘Who is Equal?’ In particular, he introduced the debate between John Rawls and Amartya Sen on differing understandings of ‘equality’. After setting the philosophical/theoretical stage, he proceeds to explore the practice of equality in the select domains of law, education, employment, business, democracy and marriage.

Since ‘equality’ is at the heart of the burning debates of our times, in one way or the other, clarifying the concept is crucial and that is what Kirpal has set out to do in this highly readable, engaging book. In hot debates over a whole range of issues, people bring to the table not only their prejudices but also their unstated, unacknowledged assumptions. This book is an invaluable primer to help them untangle “the philosophical and practical tangents of inequality prevalent in our country”. The author presents to the readers the explanation and understanding of the existing laws and discusses theories that allow a close inspection of concerns over a spectrum.

“It is only when we, a collective of citizens, conform to Constitutional values and follow the spirit, as well as the text of that document, that the promises made in the preamble can be accomplished,” Kirpal writes. “There is, therefore, a great responsibility on us to pursue constitutional values—after all the price of liberty is eternal vigilance. To be vigilant pre-supposes a need to be aware, and that is what this book seeks to achieve.

“The exact contours of how the equality code has been interpreted over the years is something only lawyers and Constitutional experts are aware of. This book aims to be a bridge between the abstractions of the law and the realities of lived experience with the fond hope that an educated electorate would also be a wise one.”  

Well-researched, insightful and drawn from experience, ‘Who is Equal?’ is accessible and reader-friendly. Discrimination, mentioned above, can also mean ‘viveka’ in Sanskrit, which is a highly prized quality in spirituality for seekers of truth. A careful reading of this book is bound to enhance this quality in the reader and help them in their search for truth in this secular domain.

Comments

 

Other News

Wisdom stories that don’t preach but encourage reflection

The Foundation Of A Fulfilling Life: Lessons from Indian Scriptures Deepam Chatterjee Aleph Books, 264 pages, Rs 899  

Citizens of the Bay: Why BIMSTEC matters now

The international order is drifting into a dangerous grey zone as the very powers that built today`s multilateral system begin to chip away at it. The United States has increasingly walked away from global rules and forums when they no longer suit its interests, while China has rushed to fill the vacuum on

PM salutes armed forces on one year of Operation Sindoor

Prime minister Narendra Modi on Thursday saluted the courage, precision and resolve of the armed forces on the completion of one year of Operation Sindoor.   The PM said that the armed forces had given a fitting response to those who dared to attack innocent Indians at Pahalgam.&

Supreme Court judge strength to go up by four to 37

The strength of the Supreme Court is set to go up from 33 judges to 37 judges, paving the way for a more efficient and speedier justice. The Union Cabinet on Tuesday approved the proposal for introducing The Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament to amend The Sup

BJP set to capture West Bengal

The political map of the country is set to be redrawn with the BJP set to win the West Bengal assembly elections, apart from Assam and the union territory of Puducherry. In Kerala, meanwhile, the Congress-led UDF is set to regain power. The filmstar Vijay-led TVK has emerged as the front-runner in Tamil Na

Beyond LPG: Is PNG ready for India’s next cooking fuel transition?

India, the second-largest importer and consumer of LPG after China, faces growing pressure due to supply constraints. Most of India`s LPG imports transit through the Strait of Hormuz, a focal point of global turmoil. Given that LPG forms the backbone of household kitchens and the restaurant industry, any s


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter