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.