Substantive Equality

Source- This post on Substantive Equality has been created based on the article “Supreme Court verdict on sub-classification: How CJI underlined substantive equality” published in Indian Express on 5 August 2024.

Why in News?

The Supreme Court’s landmark verdict on sub-classification of the Scheduled Caste (SC) and Scheduled Tribe (ST) quota marked a milestone for equality jurisprudence. Chief Justice of India (CJI) D Y Chandrachud emphasized “substantive equality”.

About Substantive Equality

1. Substantive equality is a principle that seeks to achieve genuine equality by recognizing and addressing the different needs, circumstances, and historical disadvantages of various groups in society.

2. Unlike formal equality, which treats everyone the same regardless of their background, substantive equality aims to create fair outcomes by considering these differences.

Key Concepts of Substantive Equality

1. Historical Context and Disadvantages: Substantive equality acknowledges that certain groups have faced long-standing disadvantages and discrimination. These historical injustices impact their current opportunities and outcomes.

2. Different Treatment for Fair Outcomes: To achieve fairness, different groups may need to be treated differently. This means implementing measures that specifically address the unique challenges faced by disadvantaged groups.

3. Beyond Formal Equality: Substantive equality ensures that policies and laws do not just provide equal treatment but also result in equal opportunities and outcomes.

4. Addressing Systemic Inequalities: Substantive equality involves identifying and dismantling systemic barriers that perpetuate inequality. This could include legal, social, economic, and cultural structures that disadvantage certain groups.
Policies under substantive equality aim to reform these structures to promote inclusive and equitable development.

Examples of Substantive Equality in Practice

1. Affirmative action policies, such as reservations in education and employment, are practical applications of substantive equality. These policies ensure that marginalized groups have a fair chance to succeed and overcome historical disadvantages.

2. Social programs that target specific needs of disadvantaged groups, such as scholarships for students from low-income families or healthcare initiatives for rural populations, embody substantive equality.

3. Legal reforms that protect the rights of marginalized groups and promote their inclusion in society are crucial for substantive equality. Anti-discrimination laws, labor rights for informal workers, and land rights for indigenous communities are examples of legal measures that promote substantive equality.

The Importance of Substantive Equality

1. Promotes Inclusive Growth: By addressing the specific needs and challenges of disadvantaged groups, substantive equality fosters inclusive growth and development. It ensures that everyone has the opportunity to contribute to and benefit from economic and social progress.

2. Reduces Social Inequities: Substantive equality helps reduce social inequities by creating fair opportunities for all. It combats discrimination and promotes social justice, leading to a more cohesive and equitable society.

3. Strengthens Democracy: A society that values substantive equality is more likely to have strong democratic institutions. When all individuals have equal opportunities and are treated fairly, it enhances their participation in the democratic process and strengthens governance.

UPSC Syllabus: Polity and nation