b) employers are at liberty to make contributions on behalf of employees in a voluntary pension fund – section 16 of the Pension Act. 74. In addition, the Court also notes that section 35A of the Employment Act, read with Part II of the First Schedule, provides for a gratuity equal to five per cent (5%) of the employee’s final monthly salary for each completed month of service. We find this progressive enough despite the 1 st Claimant’s, rather persuasive argument that gratuity is a once-off terminal benefit, whereas pension provides a regular, sustainable income after retirement. We hold the view that it is the primary and continuous function of the Executive and Legislature, not necessarily the Courts, to review the gratuity/pension policies as mandated under the Constitution. Positive measures to combat and eliminate inequality 75. Section 20(1) of the Constitution prohibits discrimination in law and in fact, and requires the State to protect everyone from discrimination. Section 20(2) fortifies subsection (1) by specifically empowering the state to pass legislation ‘addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices’, and to render such practices criminally punishable by the Courts. 76. Section 20(2) of the Constitution seems to emphasize the importance of legislation to the quest for equality. However, which type of equality? In the case of Chinthiti Case, the Court said that the principle of equality of individuals under law does not require mere formal or mathematical equality, but a substantial and genuine equality in fact. Page 28 of 45