Friday, April 22, 2016

Right of equality

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.

FUNDAMENTAL RIGHTS
Right to Equility

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.]

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