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nenu123 (n/a)     31 January 2008

Laws concerning discrimination and equal opportunity

In the US and a few European countries there exist a number of employment laws that prohibit employers from practicing any form of discrimination on the basis of gender, age, religion, race, and nationality.

Do any such labour or civil laws exist in our country that have the same aim? I guess in regards to our country, the prominent forms of discrimination that need to be prevented would be in the area of gender, caste, religion and ethnicity.

I would appreciate any inputs from members on this topic.

Thank you.


Learning

 2 Replies

Prakash Yedhula (Lawyer)     31 January 2008

[color=""#b41612""][font=""Arial""]The Constitution of India provides for it.

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.-
[/font][/color] [color=""#000088""][font=""Arial""](1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. [/font][/color] [color=""#000088""][font=""Arial""](2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to- [/font][/color] [color=""#000088""][font=""Arial""](a) access to shops, public restaurants, hotels and places of public entertainment; or [/font][/color]
[color=""#000088""][font=""Arial""](b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. [/font][/color]
[color=""#000088""][font=""Arial""](3) Nothing in this article shall prevent the State from making any special provision for women and children. [/font][/color]
[color=""#000088""][font=""Arial""][url=https://www.constitution.org/cons/india/r10.htm][color=""red""]_10[/color][/url][(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.][/font][/color]


nenu123 (n/a)     01 February 2008

Thank you, Yedhulji, for your response! I think yours is by far the most useful response that I have received on this topic on my many searches online with regards to this topic.

Now, in the abstract that you mentioned, section 15-1 says that the ""state"" shall not discriminate against any citizen... Can this same section be taken to apply to a private business entity like a privately owned company? In other words, if a private company has been found to practice discrimination in its employment policies (such as hiring, promotions, transfers, etc) on the basis of religion or race then will the said clause come into effect? Can a legal case be established against such a private company based on the provisions of the said clause?

Thank you once again for your response.

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