‘Right to live with dignity extends even to incarcerated,’ says SC

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Supreme Court to consider in-chambers review of judgement



On Article 14, it said the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India and equality is a crucial aspect of the constitutional vision.”The constitutional standards laid down by the Court under Article 14 can be summarized as follows.First, the Constitution permits classification if there is intelligible differentia and reasonable nexus with the object sought.Second, the classification test cannot be merely applied as a mathematical formula to reach a conclusion,” it said.The judgment then dealt with Article 15 which prohibits discrimination on grounds of caste, race, religion, language etc.”If the State itself discriminates against a citizen under any of the mentioned grounds, then it is discrimination of the highest form. After all, the State is expected to prevent discrimination, not perpetuate it. That is why our Constitution prohibits the State from discriminating against any citizen,” it said.Discrimination is prohibited, because it has several repercussions on human lives and it arises due to a feeling of superiority or inferiority, bias, contempt, or hatred against a person or a group, it said.”In history, such feelings have led to the genocide of certain communities.Discrimination also lowers the self-esteem of the person being discriminated against.It can lead to unfair denial of opportunities and constant violence against a set of people.Discrimination can also be done by continuously ridiculing or humiliating someone, who is on the weaker side of the social spectrum.It can cause trauma to a person with which they may be affected their entire life.”Discrimination also includes stigmatizing the identity or existence of a marginalized social group.Discrimination can also happen based on certain stereotypes against a marginalized group.As a society that divided people into a hierarchy, we must remain conscious of the forms and kinds of discrimination against marginalized groups.”Discriminatory laws enacted before the Constitution of India came into force need to be scrutinized and done away with,” the CJI said.



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