Discrimination
Principle of Equal Pay for Equal Work
Under the Equal Pay Act 1976, employers are obligated to pay male and female workers equal wages for the same work or work of a similar nature. Section 5 of the law prohibits employers from developing employment policies that discriminate against women on the basis of their sex in respect of jobs that are the same or similar to those offered to men, as well as in relation to transfers and promotions.
Gender discrimination can occur when an employee or potential candidate is discriminated against because of their gender. Gender discrimination is found in the areas of hiring, terms and conditions of employment, promotion, benefits, and job assignments based on male or female employees.
Discrimination on this ground is prohibited by Article 15 of the Constitution, which stipulates that no citizen shall be disqualified or discriminated against for employment or office within the State on the basis of sex, caste, or place of birth. . But states can enact laws that discriminate against men, but may benefit women through affirmative action. Sex discrimination against individuals working in the private sector is not prohibited by law.
Caste Discrimination
In India, caste discrimination is one form of discrimination that affects about 18% of the workforce. Harasses, injures, harasses, boycotts, obstructs, or insults a scheduled cast member or attempts to do so against a scheduled cast member under the Civil Rights Protection Act of 1955 A person can be punished. Imprisonment of at least one month, which may be up to six months, and a fine of not less than Rs.100 and not more than Rs.500. A person of a registered caste that person works with others, engages in business, or receives from him services that he provides or other things that are normally done in the normal course of business If you are boycotted by not allowing a Get all your employment law templates, formats, step-by-step guides, checklists, and information in one place for free. Simplified compliance, records, contracts, policies, disputes and litigation. Never fight labor and employment laws again in your life. Click here to download the HR Manager Legal Guide.
Labor market discrimination means that workers or groups of workers are discriminated against other workers or groups in hiring, remuneration, benefits and promotions because of non-economic characteristics such as gender, race, religion or age. It is defined as a situation that is treated differently. This means that even though employees are equally productive, they are not treated equally. Treatment is positive if a particular group is favored, and negative if a group is treated unfavorably.
Characteristics of Discrimination in the Labor Market
Wages are one of the primary means of discrimination in the labor market, but they are not the only one. For example, discrimination in the labor market can be based on promotion, employment, etc. Pay discrimination is a useful tool for measuring discrimination and is most commonly encountered in the real world.
An important condition that needs to exist for labour market discrimination to take place is that employers can separate particular groups of people that supply the same labour.
Equality
Article 16: Equality of Opportunity in Matters of Public Employment
Clauses (1) and (2) of Article 16 contain general rules for equal opportunity in employment. Further, it states that Indian citizens shall not be discriminated against for employment within the state solely on the basis of religion, sex, race, caste, ancestry, place of birth or place of residence. Section 16 is limited to “employment” and “appointment” only.Clauses (3), (4), (4-A), (4-B), and (5) of this Section provide exceptions to this general rule of equal opportunity.
Section 16(3) provides for exceptions to Section 16(2). It states that Congress can enact employment laws for offices under government or local government or other authorities within state or union territories.
Furthermore, Articles 16(4) and 16(4-A) provide for posts in government agencies for the benefit of underrepresented junior classes, enlisted castes and enlisted tribes in the service of the State. Allows states to legislate reservations. Depends on condition.
In addition, a new clause (4-B) was added to Article 16 by Article 81 of the 2000 Constitutional Amendment. Therefore, vacancies not filled in the previous year are treated as vacancies in a different class. And these are set to be filled in the coming years. Also, these vacancies will not be considered at the same time as vacancies for the year, even if they exceed the 50% limit.
Finally, Article 16(5) prohibits discrimination in official duties on the basis of religion.
Case Law Related to Article 16 – Equality of Opportunity
VP Ahuja vs State of Punjab (2000)
In this case, the appellant was appointed as Chief Executive in the Punjab Cooperative Cotton Marketing and Spinning Mills Federation for two years. However, his services were discontinued based on unsatisfactory work. This order was passed without holding any regular inspection and without allowing him an opportunity to hear.
Article 16
Article 16 deals with equality of opportunity in the matter of public employment. It mandates the State to provide every citizen with equal opportunity in the matters of employment or appointment to any office under it. However, this does not prevent the State from laying down the requisite qualifications for recruitment in the government services. It also prohibits discrimination by the State in relation to employment or appointment to any office under the State on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) of Article 16 allows the State to reserve seats in favour of backward classes of citizens which according to State are not adequately represented in the services under the State.
In the case of N M Thomas v State of Kerala Article [13], the Supreme Court held that the preferential treatment of under-represented backward classes so far as such treatment was reasonable and had a rational nexus with the object in view was valid.
In the landmark case of Indra Sawhney v Union of India [14] also known as the Mandal Commission Case, the Supreme Court dealt with various aspects of the complex issue of reservation and gave out a very thoughtful judgment. Some of the key aspects of the judgment are-
- Creamy layer must be excluded from Backward Classes.
- Article 16(4) is not exception to Article 16(1), but an independent clause. Article 16(4) is exhaustive of the subject of reservation in favour of backward classes, though it may not be exhaustive of the very concept of reservation. Reservation for other classes can be made under Article 16(1).
- Reservation shall not exceed the 50 percent limit. Carry forward rule is valid provided it should not result in the breach of the 50 percent rule.(upheld the judgment in Balaji Case and overruled N M Thomas Case in this respect).
- Reservation in appointments under Article 16(4) confined to initial appointments only. There shall be no reservation in promotion.
- Backward classes referred to in Article 16(4) not same as the Socially and Educationally Backward Classes referred to under Article 15(5).
- Article 16(4) permits classification of Backward Classes into backward and more backward classes (overruled Balaji Case and upheld N M Thomas Case in this respect).
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