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PROTECTION FROM EMPLOYMENT DISCRIMINATION
Workplace discrimination and harassment refer to unjust or prejudicial treatment based on certain characteristics such as race, gender, age, disability, sexual orientation, religion, or other protected attributes. It is important to address these issues seriously, as they can have a negative impact on individuals and create a hostile work environment. Types of Discrimination: Racial, Gender, Age, Disability, Sexual Orientation, Religious.
STATUTES IN INDIA
In India, there are several laws in place to address employment discrimination and promote equality in the workplace.
some key anti-discrimination laws in India:
1. Indian constitution: The Indian Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth.
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Article 14: This article guarantees the right to equality and prohibits discrimination by the state. It states that "the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
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Article 15: This article prohibits discrimination on various grounds such as religion, race, caste, sex, or place of birth. It states that the state shall not discriminate against any citizen on these grounds in access to public places, use of public resources, or in matters related to employment.
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Article 16: This article guarantees equality of opportunity in public employment. It prohibits discrimination in matters of employment or appointment to any office under the state on the grounds of religion, race, caste, sex, descent, place of birth, or residence.
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Article 17: This article abolishes untouchability, which is a form of discrimination based on caste. It declares that "Untouchability is abolished and its practice in any form is forbidden."
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Article 23: This article prohibits trafficking in human beings and forced labour. It states that "traffic in human beings and beggars and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offense punishable in accordance with law."
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Article 25: This article guarantees freedom of religion and prohibits discrimination on the grounds of religion. It ensures that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion.
2. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This Act provides protection against discrimination and atrocities committed against members of Scheduled Castes (SCs) and Scheduled Tribes (STs). It prohibits any form of discrimination in employment against SCs and STs and provides for special measures to safeguard their rights.
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Section 3: This section lists various offenses that are considered as atrocities when committed against SCs or STs. These offenses include denying access to any public place, obstructing the use of common property resources, and forcing a member of SC/ST to dispose of his or her property at a disadvantageous price.
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Section 4: This section deals with the punishment for offenses listed in Section 3. It stipulates that any person who commits an offense listed in Section 3 shall be punishable with imprisonment, which may extend from six months to five years, along with a fine.
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Section 5: This section addresses the willful neglect of duties by public servants in relation to SCs and STs. It states that any public servant who willfully neglects his or her duties required to be performed under this Act, shall be punishable with imprisonment for a term of six months to one year, along with a fine.
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Section 7: This section deals with the establishment of special courts for the speedy trial of offenses under this Act. It ensures that cases related to atrocities against SCs and STs are expedited to provide swift justice.
3. The Equal Remuneration Act, 1976: This Act prohibits discrimination in the payment of wages to men and women performing the same work or work of a similar nature. It ensures equal remuneration for both sexes and prevents gender-based wage discrimination.
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Section 4: This section states that no employer can discriminate against women in matters of recruitment, training, transfer, promotion, or any other term or condition of employment. It prohibits employers from making any distinction, exclusion, or preference based on gender.
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Section 5: According to this section, employers are required to maintain wage records and other prescribed records in relation to the employees employed by them. These records should be maintained separately for men and women and should be available for inspection by government authorities.
4. The Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995: This Act promotes equal opportunities for persons with disabilities in various areas, including employment. It prohibits discrimination against persons with disabilities in employment, recruitment, and conditions of service. It also requires employers to provide reasonable accommodation and accessibility in the workplace.
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Section 2: This section defines discrimination and states that no person with a disability shall be discriminated against in matters relating to employment, education, access to public places, and various other areas.
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Section 3: This section prohibits discrimination in employment. It states that no employer shall discriminate against a person with a disability in any matter related to recruitment, promotion, training, or any other condition of service.
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Section 46: This section provides for penalties in case of non-compliance with the provisions of the Act. It states that any person or authority who contravenes the provisions of the Act shall be punishable with imprisonment, a fine, or both.
REFERENCES
https://www.slideserve.com/milo/equal-protection-under-the-law-powerpoint-ppt-presentation
https://www.iitr.ac.in/internalcomplaintscommittee/annexure.pdf
https://blog.ipleaders.in/right-to-freedom-of-religion-articles-25-28/
https://lawbhoomi.com/article-15-of-the-constitution-of-india/
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.