The Chief Justice of India wrote the concept of Substantive Equality in the State of Punjab v. Davinder Singh Case 2024 regarding SC/ST reservation sub-classification.
About Substantive Equality:
- Substantive Equality aims to achieve genuine equality by recognizing the varying needs, circumstances, and historical disadvantages of different groups.
- Unlike formal equality, which applies consistent rules to all, substantive equality is concerned with equality of outcomes and the impacts of laws and policies to achieve fair results by acknowledging these differences.
- It seeks to address and rectify historical injustices that have hindered certain groups, ensuring policies and laws result not just in equal treatment but in equal opportunities and outcomes.
- Specific measures under substantive equality may include different treatment for different groups to achieve fairness, like affirmative action in education and employment to help marginalized communities overcome disadvantages.
- Substantive equality involves dismantling systemic barriers across legal, social, economic, and cultural realms that perpetuate inequality, advocating for legal reforms and social programs that target the unique challenges faced by disadvantaged groups.
Practical Examples of Substantive Equality:
- Measures like affirmative action, which provide underrepresented groups better opportunities to advance.
- Special social initiatives designed for groups at a disadvantage, including educational scholarships for the financially needy or health projects in areas with inadequate services.
- Legal changes aimed at increasing inclusion and safeguarding the rights of overlooked communities, such as laws against discrimination, enhanced labour rights for casual workers, and property rights for native populations.
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Frequently Asked Question:
What is the meaning of substantive equality?
Substantive equality is the principle that acknowledges and addresses the varying needs and historical disadvantages of different groups to achieve true equality of outcomes.
What is the difference between substantive and formal equality?
The difference between substantive and formal equality is that while formal equality treats everyone the same regardless of their background, substantive equality considers individual circumstances to ensure fair outcomes and opportunities.