What is meant by equality in the eye of law?

Asked 10-Mar-2018
Updated 12-Jul-2023
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Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or 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 group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice.

What is meant by equality in the eye of 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 the law". Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination or bias. The general guarantee of equality is provided by most of the world's national constitutions, but specific implementations of this guarantee vary.

The principle of equality before the law has a number of implications for the legal system. First, it means that everyone must be treated equally by the law, regardless of their social status, wealth, or political connections. Second, it means that the law must be applied fairly to everyone, without any discrimination. Third, it means that everyone is entitled to the same rights and protections under the law.

The principle of equality before the law is an important safeguard against discrimination and injustice. It ensures that everyone is treated equally by the law, regardless of their background or circumstances. This helps to ensure that everyone has the opportunity to participate fully in society and to enjoy the same rights and freedoms as everyone else.

There are a number of challenges to the principle of equality before the law. One challenge is that the law can be discriminatory in itself. For example, laws that discriminate on the basis of race or gender are a violation of the principle of equality before the law. Another challenge is that the law can be applied in a discriminatory way. For example, the police may be more likely to stop and search black people than white people, even if they are equally likely to be involved in crime.

Despite these challenges, the principle of equality before the law is an important principle that helps to ensure that everyone is treated fairly by the law. It is a principle that is worth fighting for, and that should be upheld in all societies.

Here are some examples of how the principle of equality before the law has been applied in the real world:

  • In the United States, the Supreme Court has ruled that laws that discriminate on the basis of race are unconstitutional. This ruling has helped to ensure that all Americans are treated equally under the law, regardless of their race.
  • In South Africa, the end of apartheid led to the establishment of a new constitution that guarantees equality before the law for all South Africans. This has helped to end the discrimination that was widespread during the apartheid era.
  • In India, the Supreme Court has ruled that the government must provide equal access to education for all children, regardless of their caste or religion. This ruling has helped to ensure that all Indian children have the opportunity to receive a good education.

The principle of equality before the law is an important principle that has helped to improve the lives of people around the world. It is a principle that should continue to be upheld and defended, so that everyone can enjoy the same rights and freedoms under the law.