Positive about Equality: The Public Sector Duty under Threat



This article seeks to demonstrate what is at stake in the Coalition Government's review of the public sector equality duty introduced by s. 149 Equality Act 2010. It does so by setting the duty in the context of other legal developments at home and abroad, especially the evolution of the role of ombudsmen in the UK in promoting equality and human rights, and the reform of court processes in India to decide social rights claims. It suggests that any attempt to dismantle the duty on ‘red tape’ grounds would be unfounded and retrograde step for the larger task of creating a more equal society.