Law as an Instrument of Social Egalitarianism

Egalitarianism is a philosophical perspective that emphasises equality and equal treatment across gender, religion, economic status, and political beliefs. Egalitarianism also looks at how individuals are treated under the law. Everyone should be treated equally and have equal opportunities and access in society, no matter their gender, race, or religion.

Equality before the law as known as equality under the law, equality in the eyes of the law, legal equality, legal egalitarianism, is the principle, that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor groups of individuals be privileged over others by the law. Article 7 of the Universal Declaration of Human Rights(UDHR) states “All are equal before the law and are entitled without any discrimination to equal protection of law”. Thus, everyone must be treated equally and the law regardless of race, gender, colour, ethnicity, disability, or other characteristic, without privilege, discrimination or bias.

Law can be simply defined as a system of rules that are used to regulate a society or rather control it. Why a society requires control is because there is always a necessity to keep a balance between society and the people living in it so that they can coexist interdependently which in turn will help in bringing social change. Law plays an indispensible role in bringing in social change. A lawless society is absent of harmony and peace between the people and the society. A society consists of all kinds of people, there is always a change of one group of people to be in the position of authority and dominance due to certain factors like money, power, and status to rule over the other groups who are relatively weak.  Not only this but society is subjected to several other issues as well.

Some of the notable being poverty, drug abuse, corruption, prostitution, rape, lynching, child marriage, acid attacks, child labour, discrimination in the form of caste, race, colour, gender, gender, etc. Law acts ‘as a driving wheel for society to eliminate all forms of hurdles by bringing legislations and statutes that will help make a difference in the present and the future society. Law is the supreme authority in the hands of the states to regulate what is right and what is wrong in society. Article 14 of the Constitution of India provides – ‘Equality before law’. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.