Article 15

In the run of the life we generally forget about our rights . India is the country with mega disparity. It isthou divided by the religion, region, language, food and clothing etc but united by the hearts and flag .thereby the Indian constitution gives certain rights to the citizen

The Article 15 is one such article that comes under Part III in the Constitution of India, and deals with the fundamental rights of the citizens of India. It says that the state shall not discriminate against any citizen on grounds of caste, religion, sex, race and place of birth only.

Article 15 in The Constitution Of India, 1949 states:

(1)The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them

(2)No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a)access to shops, public restaurants, hotels and palaces of public entertainment; or

(b)the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public

(3)Nothing in this article shall prevent the State from making any special provision for women and children

(4)Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

Source: https://indiankanoon.org/doc/609295/

As we all know originally the constitution stated only7 Fundamental Rights but as of now there are just 6 Fundamental Rights in force. They are;

1. Rights to equality

2. Rights to freedom

3. Right against exploitation

4. Right to freedom of religion

5. Cultural and educational rights

6. Rights to constitutional remedies

Features and Provisions underarticle 15 are;

The Article 15 as discussed states that the state shall not discriminate any citizen on the groundsof race, religion, caste, sex and place of birth only. The word "discrimination" refers toan adverse distinctions with regard to or to distinguish unfavourable from other while the term "only" means that discrimination can be done on the basis of other grounds.

Summary

Article 15 of the Constitution of India, 1950 and was debated on the29th of November 1948in the Constituent Assembly.

The Assembly was unanimously called to discuss about the importance of the Draft Article in combating discriminatory practices in Indian society. However, members wanted certain tweaks.

Somearguments regardingthat the Draft Article did not engage with discrimination based on family and descent. While otherswanted a specific mention of gardens, roads and tramways as potential public spaces where people could be discriminated. In response to all these points, it wasclarified that while the Drafted Article specifically mentions some spaces, and the general nature of the language used in the Article was sufficient to cover a wide range of public spaces including those that were not even specified in the Article’s text.

Thus this was not adopted unlessit was argued that this approach would perpetuate the segregation of Scheduled Castes and Tribes.