In India, certain laws and practices have been criticized for violating the right to equality as enshrined in the Constitution of India. Some of these include:
1. Section 377 of the Indian Penal Code (IPC)
- Criticism: This section criminalized consensual same-sex relationships, violating the right to equality for the LGBTQ+ community.
- Current Status: The Supreme Court of India decriminalized consensual same-sex relationships in a landmark judgment in 2018 (Navtej Singh Johar v. Union of India).
2. Armed Forces (Special Powers) Act (AFSPA)
- Criticism: AFSPA grants special powers to the armed forces in “disturbed areas” but has been criticized for enabling human rights violations and discrimination against residents in these areas.
- Impact: The act is seen as disproportionately affecting certain regions and communities, undermining their right to equality and justice.
3. Personal Laws
- Criticism: Different personal laws for various religious communities (Hindu, Muslim, Christian, etc.) often lead to gender inequality and discrimination. For instance, Muslim personal law regarding inheritance and divorce has been criticized for being unequal to women.
- Impact: This legal pluralism can result in unequal treatment of individuals based on their religion, particularly affecting women’s rights.
4. Reservation Policies
- Criticism: While aimed at addressing historical injustices and providing opportunities for disadvantaged groups, some argue that reservation policies in education and employment can lead to reverse discrimination against those who do not belong to the reserved categories.
- Impact: The debate continues on balancing affirmative action with meritocracy, and the potential for creating new forms of inequality.
5. Citizenship Amendment Act (CAA), 2019
- Criticism: The CAA provides a path to citizenship for non-Muslim immigrants from neighboring countries, which critics argue is discriminatory and violates the right to equality based on religion.
- Impact: The act has been challenged in court and has led to widespread protests and debates about its constitutionality and implications for India’s secular principles.
6. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
- Criticism: While the act aims to recognize the rights of forest-dwelling communities, its implementation has been inconsistent, often leading to displacement and discrimination against these communities.
- Impact: The unequal application and enforcement of the law can undermine the right to equality for marginalized tribal groups.