I did not think I will need to write on this topic because I was
taught in my 6th class about right of equality in my school and assumed that
everyone else will also have been taught that. But today while discussing with
some of my colleagues I discovered that they are not aware of this law.
The question is
like this does owner of a shop have right to deny sale of the product to any
person whom he don't want to sell product because it is a private shop and not
government one. The answer which was given to me was that since it is a private
shop owner has right to choose his customer and can deny services to anyone
whom they don't like and no law exists against that.
I would like to
say that a law exist against that and that too is fundamental right in
constitution any shops, public restaurants, hotels and places of public
entertainment is bound by this law not to discriminate between people. Any
private business is bound by this law and not allowed to discriminate. A
similar law exists in USA also and I saw board displayed in stores that a
certain section of law prohibits the store from discriminating between
customers. This is such a basic law that it is taught in 6th class to students,
I am amazed to see graduates who are not aware of this law and consider
themselves to be knowing laws very well.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.-
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(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-
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(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.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
_10[(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.]
(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.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
_10[(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.]
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