BETWEEN PROMISE AND PRACTICE: THE EQUALITY GAP IN LAWS FOR SCHEDULED CASTES AND SCHEDULED TRIBES, TRANSGENDER PERSONS AND PERSONS WITH DISABILITIES

Abstract

The Constitution of India guarantees equality before law. The idea of equality is one of the most important principles in law and democracy. Our Constitution allows special provisions for disadvantaged, disabled, backward classes and gender minority individuals. Nevertheless, there is a huge downfall in what legislations aims at and what people actually experience in reality. Due to these disparities the socially disadvantaged communities suffer discrimination in everyday life. Discrimination in India is deeply rooted in patriarchal bias, rigid caste system, religious tensions etc. To overcome this long-standing disparity, India needs effective enforcement, comprehensive legislation, strengthened institutional framework and awareness. Equality must be evident from paper to practice. India has enacted several legislations to prevent discrimination against marginalised communities such as Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, The Right of Persons with Disabilities Act, 2016 and Transgender Persons (Protection of Rights) Act, 2019. These statutes aim to ensure substantive equality rather than formal equality, which means promoting practice of equality in real world. However, challenges such as weak implementation, lack of awareness and limited access to justice reduce their effectiveness. This paper critically examines the gap between legal promises and actual practice. Even though, India has a strong legal framework, there exist a decline in implementation, awareness and access to justice. Real equality requires better implementation, greater public awareness and easy access to justice. Bridging this gap is necessary to ensure that equality becomes a lived reality and not just a written promise in law.