Balancing Equality And Affirmative Protection For Religious Minorities: A Legal Analysis
- Apr 22
- 1 min read
Koushik Dey, Sikkim University
ABSTRACT
The balance between equality and special protections for religious minorities is a challenging issue in modern constitutional law. Equality before the law is a core value in democracies, but protecting religious minorities often requires special measures. This raises an important question: Is it possible for the law to treat everyone equally while also providing additional protections to minorities, or do these protections create new forms of inequality? This article looks at this issue from both theoretical and constitutional perspectives, focusing on India’s legal system. By examining constitutional rules, court decisions, and key cases like Shayara Bano v. Union of India, the article argues that special protections do not necessarily conflict with equality, but they must be designed carefully to prevent reverse discrimination. The study finds that true balance between equality and minority rights comes from using substantive equality instead of just formal equality.
