ABSTRACT

Equality becomes an important concept in Indian legal theory where the Indian Constitution has made provisions to prevent inequality against the disadvantaged. In the Indian courts, the idea of equality is that of equality of opportunities or equal access to advantage. B. R. Ambedkar had called for the abolishment of untouchability and the need for reservation. However, reservations have led to reverse discrimination and so this concept is open to debate. It is noteworthy that while caste considerations have been made in the Indian Constitution to ensure equality among all, there is no mention of special privileges for the differently abled. An interpretation of Article 14 and Article 21 is that these are gender neutral and therefore there is the possibility to prevent discrimination of the third gender, though it is not specifically mentioned.