This Article is written by Siddharth Choudhary, Final Year Law Student at UPES, Dehradun
Introduction
The concept of equality stands as a pillar that supports democratic societies. The idea of equality, however, has been transformed over time. This paper looks at the growth of equality between the United States and India, which mark two countries that deeply respect this concept and implement it differently in their judicial systems, legislative frameworks, and social policies. I shall start with a discussion on the transformation of equality in the United States.
Founded on the principles of “life, liberty, and the pursuit of happiness,” the United States by its very nature has wrestled with the concept of equality. When the Declaration of Independence declared all men equal, slavery and the discriminatory practices against Native Americans, women, and racial minorities stood glaringly counter to this ideal.
In its formative years, the United States had deep inequalities. Slavery was pervasive, and Native American groups were being removed and Native American cultures suppressed. The abolitionists, such as Frederick Douglass and Harriet Tubman, helped lead the eventual end to slavery; a critical turn of events leading to the Civil War (1861-1865) ended slavery through the Thirteenth Amendment.
Dred Scott v. Sandford (1857) – Dred Scott, the enslaved African American, demanded his manumission after having stayed in the areas whose slavery was banned. Ruling: The Supreme Court ruled that Black individuals regardless of their status as enslaved or free were not U.S. citizens and therefore could not file any lawsuit in the federal court. The ruling further fuelled sectional issues and ultimately led to the outbreak of the Civil War1.
A Post-slavery Era and Racial Segregation and Discrimination
Racial segregation and discrimination continued long after slavery with Jim Crow laws, which specified that racial segregation had to be observed in public places, schools, and voting stations. The Civil Rights of the 1950s and 1960s, popularized by Martin Luther King Jr. and Rosa Parks, fought against racial segregation and discrimination.
Plessy v. Ferguson 1896 – This was the case challenging the Louisiana statute that decreed train cars had to be racially separate. The Supreme Court upheld “separate but equal,” which allowed racial segregation to exist as constitutional if facilities were equal. This decision allowed for the Jim Crow laws that enforced segregation throughout the South2.
Brown v. Board of Education (1954) – Brown was a challenge to the “separate but equal” doctrine in public education. In the landmark case, the Supreme Court declared that racial segregation in public schools was unconstitutional marking a crucial juncture within the Civil Rights Movement as it started the desegregation of schools3.
Loving v. Virginia (1967) – Mildred Loving, a Black woman, married Richard Loving, a white man, in Washington, D.C. since interracial marriages were prohibited in Virginia. The Supreme Court declared the Virginia law unconstitutional and permitted the marriage of the couple4.
Women’s Suffrage and Gender Equality
Women’s suffrage, or the right to vote, was finally achieved in 1920 with the Nineteenth Amendment, but gender equality did not necessarily follow. It took the women’s liberation of the 1960s and 1970s to challenge gender roles in order to attain equal rights for women.
Reed v. Reed (1971) – The statute involved favoured men over women in estate administration. The Supreme Court ruled the law unconstitutional under the Equal Protection Clause of the Fourteenth Amendment, a landmark ruling toward redressing gender discrimination5.
Roe v. Wade (1973) – The case assailed a Texas statute regulating abortions. The Supreme Court dealt a decision that abortion rights fell under privacy rights implied by the Fourteenth Amendment, and this suddenly set off a national debate on abortion rights6.
Current Issues and Continuing Challenges
Even though there are plenty of enhancements, equality issues face the United States. Large racial gaps exist in criminal justice and healthcare systems, and in educational institutions as well. Efforts for equal rights by the LGBTQ+ community also are on the rise.
Obergefell v. Hodges (2015) – The state statutes defined marriage as between a man and a woman. Similarly, recently, the Supreme Court of India justified same-sex marriages under the Fourteenth Amendment so that same-sex marriage would be legal in the country7. This is the biggest leap forward for the cause of LGBTQ+ rights. India: The Tapestry of Equality.
This is a country of innumerable diversities and hundreds of millions of people. Historically, India has experienced tremendous social and economic imbalances. One of the major aspects of such inequality was the caste system, a strict hierarchical framework whose essentials were built on discrimination.
Pre-Independence Struggle
The Indian freedom movement, led by Mahatma Gandhi, emphasized social equality and the abolition of caste differences. Gandhi’s “Sarvodaya,” which literally means upliftment of all, inspired people to take to the streets for social rights.
Chakkobhai v. State of Bombay (1952) – It had enacted the Untouchability Offenses Act to prohibit untouchability and sanctions upon its breach. Chakkobhai was from Scheduled Castes who contended that the Act violated citizens’ fundamental rights. The Supreme Court upheld the validity of the Act on grounds that it was a reasonable restriction on fundamental rights not to discriminate against Scheduled Castes and Tribes, and hence, could not be violated8.
Constitution and Affirmative Action
Indian Constitution 1950 contained many important rights that were related to the equality of human beings before law, prohibiting any kind of discrimination due to religion, race, caste, sex, or place of birth. This action was enacted in terms of correcting wrongs of the past, such as educating Scheduled Caste and Scheduled Tribe people with quotas in education and employment under the government.
M.R. Balaji v. State of Mysore, 1963 – The constitution required reservations for SCs and STs in education and employment to correct past inequalities. M. R. Balaji, a candidate from the general category, appealed that such reservations discriminated against candidates who were not covered under them. The Supreme Court made a judgment that such reservations were not violative of the principle of equality of opportunity because, they balance the scale9.
Indira Sawhney v. Union of India (1992) – This case capped the lid on the reservation provisions so that it may not outweigh the rights of other sections. The quotas that were enhanced raised concerns about the rights of candidates other than in reserved categories. Indira Sawhney, an applicant from the general category, filed a case against the enhanced quotas, while the Supreme Court upheld the continuation of reservation to SCs and STs, it put a limitation on it, holding that the total reservations cannot exceed 50% of the total vacancies. The Court also declared that the economically and socially advanced members of SCs and STs, popularly called the creamy layer, shall not avail of such benefits10.
Challenges and Continued Efforts
Even after constitutional and affirmative action, India fights major hurdles that are overwhelming, including casteism, gender difference, and economic inequality. Among the measures toward surmounting these hurdles are anti-discrimination legislation, awareness creation, and popular social justice movements.
Vishakha v. State of Rajasthan 1997 – It is in reference to a complaint of sexual harassment against a woman social worker that this case went on to make it well-known that threats towards dignity and rights in the workplace came about for women. The Court formulated safeguards broadly interpreting sexual harassment as any conduct which has the effect of a hostile work environment, imposed an affirmative duty on employers to provide a safe work environment, and provided a complaint mechanism with expeditious investigation and appropriate remedy11.
National Legal Services Authority v. Union of India (2014) – This was one of the landmark cases related to the growing menace of child sexual abuse in India. NALSA filed an application before the Supreme Court of India for measures against this scourge. The Court established special, speedy courts, made reporting of abuse a mandate, and insisted on rehabilitation, along with public awareness measures to create consciousness among the masses12.
Comparing the United States and India
Both the U.S. and India have actively pursued equality, but have had separate challenges and approaches. They have constitutional provisions against discrimination, and equality change has relied on social movements as well as landmark cases in court to progress.
The slavery and colonial history of the United States is quite different from India, which experienced caste-based discrimination and had a colonial experience. Unlike the United States, affirmative action policies are much more holistic in India, with significant cultural elements such as caste and religion playing into dynamics of inequality.
Equity in the United States and India is still a progressive process. Both countries’ histories have made significant strides; however, both nations are still facing tremendous challenges. The importance of knowing each country’s histories, legal systems, and social movements is crucial in appreciating their experiences and guiding equality efforts in the future. The pursuit of equality remains to be one of the fundamental aspirations of societies in addressing justice and fairness issues.
- Dred Scott v. Sandford (1857), 4 SCR 657. ↩︎
- Plessy v. Ferguson (1896), 4 SCC 786. ↩︎
- Brown v. Board of Education (1954), 2 SCC 892. ↩︎
- Loving v. Virginia, 388 U.S. 1 (1967). ↩︎
- Reed v. Reed (1971), 4 SCR 776. ↩︎
- Roe v. Wade, 410 U.S. 113 (1973). ↩︎
- Obergefell v. Hodges, 576 U.S. 644 (2015). ↩︎
- Chakkobhai v. State of Bombay (1952), 4 SCC 454. ↩︎
- M.R. Balaji v. State of Mysore, AIR 1963 SC 649 (India). ↩︎
- Indra Sawhney v. Union of India, AIR 1993 SC 477. ↩︎
- Vishaka & Ors. v. State of Rajasthan & Ors., (1997) 6 SCC 241 (India). ↩︎
- National Legal Services Authority v. Union of India, (2014) 5 SCC 438 (India). ↩︎
