What is Article 15? Constitutional provision at the heart of a brewing controversy

By: |
June 25, 2019 2:50 PM

Article 15 of the Indian Constitution prohibits discrimination of Indians on basis of religion, race, caste, sex or place of birth.

Article 15Article 15 is listed as a fundamental right in the Indian Constitution. (Representative image)

A controversy has erupted after the trailer of the film Article 15 was released. Reports say that the trailer has upset Brahmins in Uttar Pradesh as it negtively portrays the community in the film. The movie is a take on Article 15 of the Indian Constitution, which prohibits discrimination of Indians on basis of religion, race, caste, sex or place of birth.

The film, set to hit theatres soon, revolves around the alleged 2014 gangrape and murder case involving two minor girls in Uttar Pradesh’s Badaun district. The two girls belonged to the Dalit Maurya community and were allegedly kidnapped, gangraped and hanged from a tree in Katra Sadatganj. The incident triggered a massive outrage with even United Nations condemning it and calling for immediate action against the perpetrators.

The Central Bureau of Investigation (CBI) though had concluded that both the girls committed suicide. The agency said that one of the girls was having an affair with an elder man and was spotted by a relative, which triggered events that to the double suicide.

Here is what Article 15 of the Indian Constitution broadly entails:

Provisions under Article 15:
Article 15(1)

It prohibits the the state from discriminating against a citizen on grounds of religion, race, caste, sex, place of birth.

Article 15 (2)

Article 15(2) elaborates that no Indian citizen can be discriminated against on basis of religion, race, caste, sex, place of birth. It states that no citizen shall be denied access to shops, public restaurants, hotels and palaces of public entertainment. It also adds that no citizen shall be subject to any disability, liability, restriction or condition with 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.

Article 15 (3) and (4)

The Article also states that the article cannot be used as an argument to make special provisions for women, children or any other backward classes. “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,” the article states.

Article 15 (5)

An amendment was made in the article in 2018 after the government announced 10% reservation in colleges and universities for economically weaker sections. It states, “Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.]”

Get live Stock Prices from BSE, NSE, US Market and latest NAV, portfolio of Mutual Funds, Check out latest IPO News, Best Performing IPOs, calculate your tax by Income Tax Calculator, know market’s Top Gainers, Top Losers & Best Equity Funds. Like us on Facebook and follow us on Twitter.

Financial Express is now on Telegram. Click here to join our channel and stay updated with the latest Biz news and updates.

Next Stories
1Exploring tech-based remote voting; political consensus needed for it: EC officials to par panel
2Central Vista: Govt constitutes 5-member panel for timely completion of projects
3Lalu Prasad Yadav admitted to emergency department of AIIMS-Delhi