3.4.2. Equality Through Differential Treatment

However, as we noted earlier, formal equality or equality before law is necessary but not sufficient to realise the principle of equality. Sometimes it is necessary to treat people differently in order to ensure that they can enjoy equal rights.

Formal equality means that everyone is treated the same under the law. While this is good, it’s not enough by itself to create true equality in society. There are cases where people are disadvantaged because of their circumstances (like disability), and to level the playing field, we may need to treat them differently. This means that to ensure everyone has equal opportunities, sometimes special provisions are needed for those who face barriers.

Imagine a race where one runner has a leg injury. If all runners start at the same line without any assistance given to the injured runner, it wouldn’t be fair. To ensure fair competition, you could give the injured runner special equipment like a wheelchair or let them start a little ahead. This helps ensure that they have a real chance of competing equally.

Certain differences between people may have to be taken into account for this purpose. For instance, disabled people may justifiably demand special ramps in public spaces so that they get an equal chance to enter public buildings.

In some situations, people require additional support to achieve the same opportunities. For example, if a building does not have wheelchair-accessible ramps, individuals in wheelchairs cannot gain access, thus limiting their rights to enter freely. Providing these ramps is an example of using differential treatment to promote equality. By considering different needs based on individual circumstances, society can help ensure everyone can participate fully.

Think about going to a library. If there are stairs and no wheelchair ramp, a person in a wheelchair cannot access the books. Building a ramp allows everyone, regardless of their physical ability, to enjoy the library's resources, making it truly inclusive.

Affirmative action is based on the idea that it is not sufficient to establish formal equality by law. When we wish to eliminate inequalities that are deeply rooted, it is necessary to take some more positive measures to minimise and eliminate entrenched forms of social inequalities.

Affirmative action refers to policies aimed at correcting historical inequalities and providing disadvantaged groups with better opportunities. It acknowledges that just removing barriers might not be enough if people are still starting from very different positions due to past injustices. By actively taking steps to support these groups through measures like reserved seats in education, affirmative action works to create a path to equality.

Imagine a classroom where some students have always had access to tutors and technology, while others have struggled in under-resourced schools. Implementing affirmative action might mean providing scholarships and tutoring for students from disadvantaged backgrounds. This gives them a fighting chance to compete equally with their more privileged classmates.

Although policies of affirmative action are supported for making the society more equal, many theorists argue against them. They question whether treating people differently can ever lead to greater equality.

The idea of affirmative action is controversial because some people believe that any differentiation, like giving special privileges to certain groups, undermines the principle of equality itself. They argue that true equality means treating everyone exactly the same regardless of context. Critics are concerned that such policies may perpetuate divisions instead of solving the problem.

Imagine a school where some students receive extra help in understanding math because they come from weaker educational backgrounds. Critics might say this is unfair to others who don’t receive the same help, arguing that everyone should fend for themselves. However, the supporters of affirmative action would argue that these extra resources are necessary to level the playing field.

The fact is that in the spheres of education and health care India has done far less for its deprived population than what is their due.

It’s important to recognize that certain segments of the population may need more help in accessing quality education and healthcare. India has historically lagged in ensuring that poorer communities have the same access as wealthier ones. This recognition can lead to policies that aim for fairness by providing necessary resources where they're most needed, rather than merely enforce a one-size-fits-all approach.

For instance, think about a sports team where some kids have soccer practice every day, while others only practice once in a while. When the team travels for a championship, the coach might decide to train everyone the same way. However, to truly compete, those who practiced less might benefit from extra sessions. This additional training would help everyone perform on equal footing during the competition.

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