Question

Essence of equal protection of law arises from substantative equality

Answer 1

right to equality as a rule of law - The State shall not deny to any person Equality before the law or the equal protection of laws within the territory of India. If this term is closely looked then it appears that in essence both terms mean 'Equal Justice'.


Substantive equality is a fundamental aspect of human rights law that is concerned with equitable outcomes and equal opportunitiesfor disadvantaged and marginalized people and groups in society.] Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systematic discrimination.][3] Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into account in order to achieve equal results for basic human rights, opportunities, and access to goods and services] Substantive equality is primarily achieved by implementing special measuresin order to assist or advance the lives of disadvantaged individuals. Such measures are aimed at ensuring that they are given the same opportunities as everyone else