Equity vs. Equality: What's the difference?

Many a times scholars have had debates over these two concepts: Equity and Equality. These are similar but different principles in the legal domain. They are similar in purpose and objective but different in the nature of emphasis each places. In this Article, we shall clear understand the conceptual meanings of both principles and how they work. Start scrolling!

Definition of Equity

The term equity refers to the system of justice and fairness, where there is explicitly an even-handed treatment of all the people. Here, the individual needs and requirements of all persons are taken into account and treated accordingly, placing emphasis on what benefits each person needs and how much they need them. The principle of Equity demands fairness in every situation. It means, whether it is the distribution of benefits or burdens, each is divided and provided to different people differently as the need varies among them.

Therefore, people are treated fairly but differently as their circumstances are given sufficient weight. This principle seeks to provide all the individuals an equal opportunity, so as to let them attain their maximum potentials at their different capacities. In this way, equity ensures that all the individuals are provided the resources they need to have access to the same opportunities, as the general population.

For instance, specially abled persons can be provided extra leverage and reservation to access lifts in a building. This can be by allocating for them a separate, less congested lift, while the majority of the people use the common, usually congested lift to access the same building.

Definition of Equality

Unlike Equity, Equality is when everyone is treated in the same way, without giving any effect to their need and requirements. Regardless of certain basic differences in situations and circumstances people bear, they are treated equally without any reservation. In finer terms, it is a state of getting the same quantity or value or status by everyone. It is a situation where each and every individual is granted same rights and responsibilities, irrespective of their individual differences in any case.

The principle of Equality forms the lifeline of the democratic society; it aims to prevent discrimination and provides an equal opportunity to all. This can be racial equality, equality between rich and poor, men and women, children and adults etc. This is because the central idea of equality is that all the individuals gets equal treatment in the society and are not discriminated on the basis of sex, race, caste, creed, nationality, disability, age, religion and so forth.

Key Differences Between Equity and Equality

The basic differences between equity and equality can be clearly understood on the following grounds:

• Justness and fairness in the manner of treating individuals are called equity. On the other hand, Equality is what we call, the state where everyone is at the same level.
• While Equity is a process, Equality is the outcome. Meaning Equity is the necessary condition to be fulfilled to achieve latter in a fair and just manner.
• While equity represents impartiality, thus, the distribution is made in such a way to even opportunities for all the people, Equality, on the other hand, indicates uniformity, where everything is evenly distributed among people at the same quantity and value.
• In equity, the differences are recognized and efforts are made to counter-act the manner in which individual opportunities are not equal. Conversely, equality recognizes sameness and so it aims at treating everyone as equal, regardless.
• In equity, all the people can have access to what they need. In the contrary, in the equality principle, all the people get the same thing, such as same rights, resources and opportunities regardless of any tangible difference they may have.

Conclusion

In a nutshell, Equity cannot be achieved, through treating all the people equally. It can rather be achieved through treating all the people in an equitable manner, thus, as per their circumstances and situational demands at a time. Moreover, equality works, only if the starting point of every individual is same. The application and usage these two principles do not necessitate eliminating one against the other. It essentially demands understanding the basic differences and similarities that people share at a time.

Hurray! After reading through this brief article, I sincerely hope it has impacted your legal knowledge positively. I believe you have learnt a thing or two. Please, be kind enough to leave your honest comment or suggestion to improve the next posts.

💭Law Notes

Author: Charles Anyama Kalisto

5th Year Corporate Law Student (BA.LLB-HONS)

Marwadi University, Gujarat - India.

🖎Writer