INTRODUCTION
In India, every state has its unique language and culture, while in the USA, a diverse population includes various ethnicities—Asian, British, Afro-American, and more. The concept of ‘equality’ differs between these countries. In India, it means equal treatment without discrimination based on caste or class. In contrast, in the USA, equality often signifies equal opportunities for all, regardless of colour. Despite these differences, the core principle remains consistent: all individuals should be treated equally under the law, regardless of wealth or poverty.
HISTORICAL BACKGROUND
INDIA: In ancient India, society was not divided based on socio-economic status but rather based on the caste or Varna system. Among the castes, the classification involved four categories. The first and foremost was Brahmins: They were a priestly class responsible for religious rituals and spiritual guidance. They were also the medium for the people to connect to the god. The second was Kshatriyas: The noble class, including warriors, kings, and administrators. The main duty of this class was to administrate justice as well as to protect its people from any attack. The third class was Vaishyas: Who engaged in commerce, farming, and business. The last class was Shudras: Laborers and service providers.
During British colonial rule, India’s society went through significant changes. The British administration actively promoted the caste system as the main social structure, using it to legitimize their rule. At the same time, the concept of untouchability, based on ideas of purity, expanded beyond its original application to include other groups. These groups were considered impure due to their specific occupations. Additionally, Western and Brahmin biases influenced how Indian society was perceived during this period. During the constitution’s drafting, there was a question on how the matter related to inequality should be resolved there were two main approaches there was group-based organization, as per Hindu tradition, or adopting Western individualism. Mahatma Gandhi Supported the traditional caste system with reservations. while B.R. Ambedkar Opposed caste, advocated for social justice and proposed separate electorates for Dalits.[1] Ultimately, India’s constitution-makers included provisions for positive discrimination, or compensatory measures, to uplift Dalits and marginalized communities.
USA: In the early days of colonial America, settlers sought refuge from religious persecution in their home countries. They believed their religious practices were the only true path and were often intolerant of dissenting views. Communities were tightly knit, and individual rights were sometimes sacrificed for the sake of communal order[2]. However, a significant shift occurred during the Great Awakening—a religious revival movement. Evangelical faith encouraged a more individualistic mindset, emphasizing personal experiences and spiritual awakening. Simultaneously, the Enlightenment era championed reason over tradition, leading to a focus on human rights and individual freedoms.[3]
When the framers of the US Constitution crafted this foundational document, they drew from their experiences under British rule. They valued individual rights and enshrined them in the Bill of Rights. Notably, though, the principle of equality was not explicitly included in the Constitution.
EQUALITY: INDIA VS. USA – KEY DISTINCTIONS
The concept of equality has a different meaning for India and the USA. In India, the term equality is generally connected with the class system which is deeply rooted in our society due to this the term equality is focused more on collective societal norms, due to this class system casts like Shudra have been suffering for decades. Due to this problem, the Indian constitution has been more favour towards them there are policies like reservation which give them an advantage, the logic behind this decision might be to bring backward class people to an equal footing to that of ordinary people and ensure equality. In the following articles, we can see a glimpse of a collective approach
Article 38 of the Indian constitution states that “the state shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities, and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations[4]. As we can see the word group is used which means that the Indian constitution is not only focused on the individual but the whole group.
Article 46 ‘’states that the Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections’’ [5]again this article specifically protects weaker sections like Scheduled Castes and Scheduled Tribes from social injustice and exploitation.
Article 340 of the Indian Constitution empowers the President to appoint a Commission to investigate the conditions faced by socially and educationally backward classes within India. The Commission’s role is to recommend steps for improving their situation and suggest grants that the Union or any State should provide[6].
On the other hand, Article 335 ensures that the claims of Scheduled Castes and Scheduled Tribes are considered when making appointments to services and posts, while still maintaining administrative efficiency. This provision has been amended to allow for relaxation in qualifying marks and evaluation standards for SC/ST communities in public service appointments. [7]
Articles 14 to 18 talk about equality:-
- Equality Before the Law (Article 14): All individuals are equal before the law special treatment based on status. Equal protection ensures consistent legal standards.[8]
- Access to Public Facilities (Article 15): No discrimination based on religion, race, caste, sex, or birthplace. Special provisions allowed for specific groups (e.g., women, children). Here also you can see that the focus is still on cast or group equality. [9]
- Fair Employment Opportunities (Article 16): Everyone has a fair shot at public jobs. No exclusion is based on religion, caste, or birthplace. Reservations promote equality and address unfilled vacancies.[10]
- Abolition of Untouchability (Article 17): Untouchability is forbidden. All citizens have equal access to public places. Legal provisions penalize untouchability practices[11].
- Abolishing Titles (Article 18): No titles except for military or academic achievements. Citizens can’t accept foreign titles or rewards without approval[12].
Unlike India, the concept of equality in the USA is different there this term is not associated with cast but rather colour for them this concept is more individual-centric rather than group. From the very beginning, the United States has embraced individualism. This means that Americans primarily see themselves as individuals with inherent rights and freedoms[13]. Although some might think that equality is the core of the USA however this is not the case as we can see that the concept of equality is not available in the initial constitution but rather it has been administrator later. The idea of individualism became prominent in the United States through the Civil War Amendments, especially the 14th Amendment. This amendment emphasizes treating everyone equally under the law. However, the Supreme Court’s decision in Plessy v. Ferguson [14]allowed segregation under the “separate but equal” doctrine, despite Justice Harlan’s dissent arguing against racial discrimination. In the 1960s, the civil rights movements challenged this individualistic focus, advocating for collective equality. But even today, tensions persist. Some Americans view affirmative action as ineffective, while others recognize its importance in addressing existing inequalities.
From its inception, the Indian Constitution guarantees the Right to Equality under Chapter III. It encompasses principles of “Equality before Law” and “Equal Protection of Law,” drawing inspiration from both British and American models. Article 14 ensures that no one is above the law, allowing for reasonable classification based on specific goals. Articles 15 and 17 prohibit discrimination and abolish untouchability, while affirmative action provisions (such as Articles 15(4), 15(6), 16(4), and 16(6)) aim for substantive equality through reservations in education and public services.
In contrast, the U.S. Constitution initially focused on civil liberties and lacked explicit equality protections until the Fourteenth Amendment. The Equal Protection Clause, influenced by the Civil Rights Act of 1866, mandates equal treatment under similar circumstances. Over time, the U.S. has addressed broader discrimination issues through legislation like the Civil Rights Act of 1964, ensuring equality in public services.
CONCLUSION
Equality is a fundamental principle that every nation, whether democratic or monarchical, should uphold. Regardless of class or colour, every human being deserves equal treatment. However, the interpretation of equality differs between India and the USA. In India, equality often involves treating all classes equally, while in the USA, it tends to be more individual-centric. These divergent perspectives stem from historical contexts. India’s complex social hierarchy necessitated positive discrimination by its constitution makers. In contrast, the USA envisioned a classless and colour-blind society, emphasizing equal opportunities for all.
Author(s) Name: Nilendra Pal Singh (Manipal University, Jaipur)
Reference(s):
[1]Anahita Sharan ‘RIGHT TO EQUALITY AND AFFIRMATIVE ACTION IN INDIA AND USA’ ( Studocu ) <https://www.studocu.com/in/document/symbiosis-international-university/bba-llb/right-to-equality-and-affirmative-action-india-and-usa/6932257> accessed 24 June 2024
[2] Ibid
[3] Ibid
[4] Constitution of India 1950, art 38
[5] Constitution of India 1950, art 46
[6] Constitution of India 1950, art 340
[7] Constitution of India 1950, art 355
[8] Constitution of India 1950, art 14
[9] Constitution of India 1950, art 19
[10] Constitution of India 1950, art 16
[11] Constitution of India 1950, art 17
[12] Constitution of India 1950, art 18
[13] ‘OUR RIGHTS: RIGHTS CHAPTER 1: RIGHTS IN AMERICAN HISTORY’ (Annenberg Classroom) <https://www.annenbergclassroom.org/resource/our-rights/rights-chapter-1-rights-american-history/ > accessed 25 June 2024
[14] Plessy v. Ferguson, 163 U.S. 537 (1896)
