Article 14
Substantive Equality and Gender-Specific Disadvantage
Article 14 of the Constitution guarantees equality before the law and equal protection of the laws. The Supreme Court has progressively moved from formal equality (treating all persons identically) to substantive equality (addressing structural disadvantages that perpetuate discrimination).
- Formal equality — "treat likes alike" — can perpetuate inequity when it ignores structural disadvantage.
- Substantive equality requires accounting for the different starting positions of individuals; it is the basis for affirmative action, reservations, and protective legislation.
- In Jaya Thakur, the Court held that providing identical facilities (general toilets, no sanitary products) to boys and girls without addressing menstruation-specific needs constitutes indirect discrimination against girls under Article 14.
- The Court specifically found that the absence of gender-segregated toilets and menstrual hygiene access results in systemic discrimination.
- Earlier milestones in gender equality jurisprudence: Vishaka v. State of Rajasthan (1997) — sexual harassment at workplace as violation of Articles 14, 15, 21; Joseph Shine v. Union of India (2018) — adultery law struck down as violating Articles 14, 15, 21.
● Tracked since February 03, 2026 · last seen May 12, 2026 · updates as the daily brief publishes
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