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Title of project

Movie review on equality

Jurisprudence project

Submitted to Submitted by
Mr:- sachin sharma Jobanpreet Singh
Assistant prof. of law Roll No. – 17183
group no: 28 4th Semester
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Contents
Introduction:- ................................................................................................................................................ 3
Movie review on equality:- ........................................................................................................................... 4
John lock view on equality:- ......................................................................................................................... 5
Article 14 of the Indian constitution:- ........................................................................................................... 6
Case law:-...................................................................................................................................................... 7
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Introduction:-
God creates everyone equal. Everyone has right to enjoy nature. God does not show Biasedness
to provide anyone a special kind of nature. Air, water and soil is for every being even for the
animals. But why individuals did discrimination on the bases of caste, class, sex, region or
religion. This all formalities of caste and religion are made by man it’s not natural. In this project
I would like to focus on racial discrimination with the help of movie named “Mississippi
Burning” and views of john lock on equality and Article 14 of the Indian constitution. If we look
at the meaning of equality what does it means? Equality means equal to other for example if one
is enjoying the life than every person also have right to enjoying life no one can restrained any
person for enjoying his or her rights. John lock said that every person has three natural rights and
these right should be protected by the state. He defined two stages one is state of nature and state
of war. And he belived in social contract theory and object the theory social contract by hobbes
he denied that men in state of nature is not live peaceful and also object that human being does
not surrender all his rights to a sovereign but some rights, except the natural rights. According to
john locke natural rights are right to life liberty and property. But hobbes does not believe in
natural rights that’s why there was a conflict between hobbes and lock social contract theory.
Now if we talk about the movie. The movie is based on ral incident which was happened in
Mississippi’s small town where the black people lived with white people but with segregation. In
1964 in the Jessup county a small town of Mississippi in which students from the age of seven
years taught about the hatred against the black people and black people don’t have right to vote
in Mississippi at that time. Three civil right workers were killed in the Jessup county town of
Mississippi. This movie is all about the finding of the three civil rights workers and investigate
who killed them. And after that movie I will focus upon the Article 14 of the Indian constitution.
Article 14 of the Indian constitution is giving the equal rights to every individual and it typically
defines the equality before law and equal protection of law. In this project I will also discuss
little about the Sabarimala case. John lock also defines how the relationship between the church
and the state effects on equality.1

1
Tuckness, Alex :lock’s Political Philosophy” The Stanford Encyclopedia of philosophy (Summer 2018 Edition),
Edward N. Zalta
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Movie review on equality:-

I watched the movie of Mississippi burning in this movie three civil rights workers were killed
by the police and one another white man. Two civil right workers were white and one was black.
They went to the small town Jessup county and establish a vote registration office there were
5000 black people lived, there was discrimination on the bases of color. They promote
segregation on the bases of bible. There were two blocks in the every hotel one was restricted for
white man where black people sit and another was restricted for black man where white man sit.
The children’s of Mississippi taught segregation from the age of 7 years and there were black
people’s school and white people’s school, black’s were not allowed to take admission in white
people’s school and white’s were not allowed to take admission in black people’s school. They
taught hatred with black people in their schools. That’s why civil rights workers went there for
the establishment of equality with the method of votes. But white man killed the three civil rights
workers with the help of policeman. There were four persons who held in murder of these three
civil right workers. Two FBI agent went there for investigate the case of three civil rights
workers. Senior agent named Agent ward and another named Anderson. When they try to ask
about the three guys by the sheriff a local police official and Mr. Pell who was a deputy of town
Jessup county, they don’t tell them anything even said them to leave that case because they are
not missing they just enjoying somewhere. Agent ward was not believe on that official and try to
ask from the local people. He went to hotel for taking lunch where black people was also sitting.
He went to the block of black people and try to ask question but young black guy don’t want to
answer any question and get up from the chair and sit somewhere else. Same night three
anonymous person pick the black guy from his house who were questioning by the agent ward.
Agent ward tried to talk many black people but no one ready to comment upon that case. They
were scaring from the white people because they even burnt their houses. Agent ward and
Anderson sit in their office then the gunshot break the window and after that they establish their
office in motel and bring more officers of FBI. Agent ward and Anderson went to the home of
Mr. Pell. Where Anderson met with MRS. Pell and flirt with her. Mr. Pell said them they were
with his wife at 21st June but agent ward was sure that he was involved in the murder of three
civil right workers. Agent Anderson ask from the wife of deputy and his wife told him about the
bodies of three workers, she said that the bodies were buried outside the town and agent ward
and Anderson went the place which was telling by the deputy’s wife and they found the bodies.
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And sheriff Stuckey local police head and many others were punished with 10 years punishment.
If we look at the situation in which FBI sought the matter of three civil right workers was very
hard to them because all local white people not wanyt to give the black people equal rights but
the near and dears of white civil right worker and blck civil right workers inspired the other to
live unitely.

John lock view on equality:-

John defines the equality with two tiers one is natural rights and another one is Law abiding
Equality. He was believed in social contract theory. According to him man lived in very peaceful
manner in state of nature he denied the view by hobbes who said that man live in danger in state
of nature according to hobbes man need to surrender his all right to one sovereign and in return
of that sovereign protect their rights but lock said that man no need to surrender all his rights to
sovereign. He gave the concept of natural right he said men have no need to surrender his natural
rights to the sovereign. According to him natural rights are right to life, liberty and property. He
also explains the state of war according to him if state is not respect the religion of every one
then it is obvious that there is war between the individuals. With equality we can not sure that
there will no war between the individuals there may be no war between the state and the
individuals. We can only sure that there will be no war between the individuals only when the
state is respect the every religion. The war between the individuals is known as the situation of
state of war. By secularism state can avoid the state of war. Lock said that to provide equality
there should be respect of every religion by state. Two tiers of john lock are natural rights and
Law abiding equality. We already know about what are the natural rights according to john lock,
natural rights are right to equality, liberty and property. Law abiding equality is equality which is
supported by law for example decriminalization of same sex marriage or relationship. Recently
in India the judiciary make the law in which sam sex gender can live in a relationship earlier it
was crime but now it is decriminalized by chief justice of India Justice Dipak Misra. According
to john lock man live in state of nature if state want to bring man into society for living then state
can assure him to provide equality because if he was not assured with equality then why he came
to society. Man was already live very peaceful in state of nature there is no authority upon the
man in the state of nature. In state of nature man is judge of his own case. Lock said that why we
need society or government we need society or government for protection of every individuals.
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Government is made with the equal consent of individuals. If state is provide equality to
everyone then is obvious there is stability in government and there shall be no conflict between
the state and individuals. He said that there should be equality to give punishment to every
individual. If we relate this theory with the incident of Mississippi we can say that black people
were badly discriminated with the help of bible and on the bases of color. The white people in
Mississippi support the segregation with the help of bible. John lock said that there should be
religion for equality but if we see in the movie the white people also discriminate or kill the
black people with the help of their religion. They even burnt the churches of black people.
According to lock state has to respect the every religion but lock don’t talk about the respect of
every religion by every individual.2

Article 14 of the Indian constitution:-

According to this article of constitution of India every person shall treated equal before the law
and no one give special privilege. With this article I am able to answer my research question
which : does equality always a positive effect on the society or sometimes it’s negative. So my
answers of this question is equality does not effect positively all time for example there is
backward area and government issue an order of jobs according to that order only those persons
have rights who are studies well and earning well so in backward are there are many less people
who are studied even there are not a single who are studied well. And government said that this
order is equally applicable to all the people. By this method backward class people cannot enjoy
any right because of their backwardness. For avoiding this kind of problems this article provide
us intelligible differentia according to which person can make order for specific group of person
and there is also rational nexus in which government issued an order to improve the particular
section of society. This section gave me the answer that equality does not effect positively
always. And also provide certain exceptions in which government take different action for
particular group of people.3

2
Bruce A. Hunt Jr. “Locke on equality” sage publication Vol 69, no 3(September 2016)
3
Prof: Narender Kumar, “constitutional Law of india” Allahabad law agency Faridabad Haryana.
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Case law:-
Javed Vs state of Haryana:- Government amended the panchayats act in Haryana and make a
law that anyb person who has more than two child are not qualified for the office of sarpanch
panch and member of any samiti. This kind of decision can be taken only because with the help
of this decision there will be help in decreasing population which is a national problem tha’s why
this kind of case are exzception which has rational nexus.

In Sabriamala case:- In kerala there was temple of lord ayyappa in which only men’s are
allowed to pray but writ was filed by someone and court issued an order in which all women are
allow to enter into temple and pray. But this was not accepted by society. If we relate this with
John locke theory this is case of Law abiding equality but society is not accepted this kind of
equality. Lock don’t talk about if society is not accepting the law abiding equality then what will
be the solution of this the big criticism of lock theory of equality. Law treated women equally but
society did not accept this.