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India does not have a specific “Employment Discrimination Act” that comprehensively addresses discrimination in the workplace. However, there are various labor laws, regulations, and constitutional provisions that deal with aspects of employment discrimination and promote equal opportunities in the workplace.
Key points to consider in Employment Discrimination Law:
Constitutional Provisions: The Indian Constitution, under Article 15, prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16 ensures equal opportunities for all citizens in public employment and prevents discrimination in recruitment and employment based on the same grounds.
Labor Laws: Several labor laws in India address different aspects of employment, including the prevention of discrimination. The Equal Remuneration Act, 1976, mandates equal pay for equal work, irrespective of gender. The Maternity Benefit Act, 1961, prohibits discrimination against pregnant women in employment.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act: This act is specifically aimed at preventing discrimination and atrocities against members of Scheduled Castes and Scheduled Tribes and includes provisions related to discrimination in employment.
Sexual Harassment: The Vishaka Guidelines, established by the Supreme Court of India, address sexual harassment at the workplace and require employers to take preventive and remedial measures.
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: This act aims to prevent discrimination against persons with disabilities in employment and ensures equal opportunities and protection of their rights.
Companies Act, 2013: Companies with a certain level of turnover and workforce are required to spend a certain percentage of their profits on Corporate Social Responsibility (CSR) activities, which can include initiatives related to employment and non-discrimination.
Anti-Discrimination Policies: Many organizations in India have their own anti-discrimination policies and codes of conduct that promote diversity and inclusivity in the workplace.
Legal Cases: Discrimination cases in India are often dealt with through legal action under the applicable laws mentioned above. Employees who believe they have faced discrimination can approach the appropriate legal authorities or courts.
Consult with Expert legal professionals
It’s important to note that laws and regulations may change over time, and it’s advisable to consult with our Expert legal professionals or refer to the most current sources of information for any updates or changes regarding employment discrimination in India.
