Short Essay On Equality

The principle of equality encompasses all areas of India’s governance and society. The Constitution is unequivocal that equality is a fundamental mandate by which both state and individual are bound. In one stroke of the pen it removes immoral and iniquitous practices such as untouchability and begar. Through positive discrimination, it makes clear that there is no place for discriminatory societal divisions or practices such as caste, the historic disadvantages of sections such as women, and the vulnerability of minorities and children. It decrees that “we the people” shall be equal in our freedoms, have equality of opportunity and shall, first and foremost, be equal before the law. Furthering this principle and making equality a reality,

Therefore any coercion exerted by the authorities with the aim of compelling the suspect/accused to make a statement or confess guilt is prohibited during all stages of the proceeding. The right to be presumed innocent is impaired if authorities draw adverse inferences from the silence of the suspect/accused. Under no circumstances may the silence of the accused be considered as proof of guilt. The burden of proof rests solely on the prosecution. The right to remain silent is supported by three related underlying policies. First, it ensures that the government is according respect and dignity to its citizens. “To adequately respect the inviolability of the human personality, an accusatory system of criminal law requires that the government attempting to punish an individual must do so by producing its own evidence through its own independent efforts, rather than by the cruel, shortcut, practice of compelling statements from the mouth of thee accused.” Second, the right to remain silent safeguards the accused by deterring police coercion and forced statements. Third, by deterring coerced statements, the right to remain silent helps ensure that the statements made by the accused are