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

How to improve India’s crèche system

India stands at a pivotal moment, caught between the promise of a demographic dividend and the crisis of gender inequality. While falling fertility rates, rising female education, and increasing labour force participation signal progress, policymakers continue to neglect one of the most invisible yet vital

Why trademarking ‘Operation Sindoor’ is not advisable

The question of whether the name ‘Operation Sindoor’ or even the standalone term ‘Sindoor’ can be registered as a trademark becomes complex and sensitive when viewed through the lens of its prior use by the Indian armed forces in a counter-terrorism operation. In such cases, the iss

JPC on simultaneous elections hold consultations in Maharashtra

The Joint Committee on the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, has conducted extensive consultations with key stakeholders in Maharashtra regarding the feasibility and implications of simultaneous elections.

Leadership secrets of Rohit Sharma

The Rise of the Hitman: The Rohit Sharma Story By R. Kaushik Rupa Books, 232 pages, Rs 595 With Ro

Operation Sindoor combined hard power with diplomatic finesse

Since guns have fallen silent in India and Pakistan following their ceasefire after four days of conflict, attention has now shifted to New Delhi’s next steps. The Indian government, as per media reports, is considering sending a multi-party delegation to several countries to engage with foreign gove

Rajnath Singh calls upon IMF to reconsider financial assistance to Pakistan

Stating that Pakistan has again started to rebuild its terror infrastructure destroyed by India, defence minister Rajnath Singh called upon the International Monetary Fund (IMF) to reconsider its one-billion-dollar assistance to Islamabad and refrain from providing any support in future as well.

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now



Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter