The word civil is derived from the Latin word civilis or civis, which stands for citizen. This relates to each citizen as individual rather than as member of a community. Historically, the Romans had the concept of civitas. This means the community of people who enjoyed rights and performed duties and is akin to the concept of citizenship of today. We have hinted earlier that the conception of citizenship links the members of a society with the public authority, the state and the law in a manner where each is treated as a juristic personality and equal. This provides basis for political community in which citizens and public authorities are linked with certain rights and duties. Civil equality stands for equality in which each citizen is provided with equal civil rights and liberties.
Equality in the ‘civil’ sense applies the secular criteria of citizenship to relate individuals with rights. It excludes any other criteria of identifying individuals for the purpose of distribution of rights. Further, civil equality also implies equality of all citizens to have their conscience. This means equality of religious rights such as the right to believe and profess a religion. While equality of right to contract provides basis of economic transactions and economic relations on equal terms, equality to have a conscience results in equality to have religion or not to have a religion. Civil equality in the Indian context may require that a uniform civil code should be formulated for all citizens. However, the multi-religious context and need for respecting the practices of all religions, requires respecting a variety of practices that are civil in nature. For example, one can argue that civil equality does not mean that all members have equality to marry in a particular way or wear clothess in similar way or give divorce in the same manner. The argument for any such parity must go beyond the civil equality argument and invokes bases such as human rights, gender equality, human dignity, etc.
Nevertheless, civil equality is the basis of equality of citizens and a political community, which is based on equality of its members in terms of rights and liberties. It is important for the success of democracy and operation of the principle of political majority. Principle of political majority requires that it should consist of equal citizens and not a permanent or fixed majority based on religious identity or majority based on caste or race. Equal citizens, not their social, religious or any other identity, are basis of political majority. Civil equality is also important in sustaining a nation-state based on secular identity. Citizens are members of a political community irrespective of their social affiliations. Civil equality helps create citizens out of social affiliations. For example, in a court of law or in terms of voting rights, one is not differentiated because of their origin or social affiliations. The basic assumption of civil equality is citizenship.
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