• Can someone deny household employment based on caste?

I read a news article where someone needed a cook and the cook must be from a certain caste and must be married. Are such restrictions and criteria for employment opportunities legal?
Asked 8 years ago in Labour

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6 Answers

If you want to employ a cook for your house you can Insist that he be be married and of certain caste

2) if employment is in a govt organisation then you cannot lay down such restrictions that only persons of certain castes would be given employment as cooks

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Caste denotes a traditional system of rigid social stratification into ranked groups defined by descent and occupation. Caste divisions in India dominate in housing, marriage, employment, and general social interaction-divisions that are reinforced through the practice and threat of social ostracism, economic boycotts, and physical violence. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 (hereinafter Prevention of Atrocities Act, 1989) and the Supreme Court guidelines set out in the D.K. Basu case are available legal tools to prevent torture, illegal detention, or improper interrogation of Dalits, jurists, human rights activists and civil rights groups claim that a lack of political will and immunity laws that shield those responsible for human rights abuses from prosecution, allow the problem of torture and other forms of custodial abuse to continue unchecked.

Article 14 of the Constitution of India provides for equality before the law & equal protection within the territory of India and prohibits discrimination on grounds of religion, race, caste, sex or place of birth, or any of them.Laws designed to eradicate exploitative labor arrangements-such as the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, the Bonded Labour System (Abolition) Act, 1976, the Inter State Migrant Workmen (Regulation of Employment and Service Conditions) Act, 1979, the Child Labour (Prohibition and Regulation) Act, 1986, the Minimum Wages Act, 1948, the Equal Remuneration Act, 1976. The Indian Parliament has also defined Human Rights, in The Protection of Human Rights Act 1993, to mean: The rights relating to life and liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India.Article 23 in The Constitution Of India declares and prevent the State from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

So as per the query the discrimination is not legally valid one for considering cook must be from a certain caste and must be married. Even though the qualification and martial status can be decided for employment is purely discrimination of an Employer.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1.The caste system in itself is not unlawful.

1.What is crime is to degrade someone on the basis of his caste.

3.now if a person wishes to have personal service of a person from particular caste then no wrong under the eye of law has been made and it is perfectly lawful.

4. however do note that if the employer is public authority or government then no such discrimination on the basis of caste is permissible under the constitution which does not apply in private contract.

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

As long as the employer is State, such discrimination on the basis of caste, religion and marital status is impermissible.

An employee other than the State, may impose such restrictions based upon the considerations he/she is having.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes they are legal so far as the same advertisement has not been made by government. Also it is to be noted that demeaning some one on the basis of caste is unlawful but caste system in itself is not. Therefore, if someone wants to get services from a particular person then he/ she has right to do so.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

There is nothing wrong in demanding a person of this category for the said purpose of employment.

There is no legal infirmity or impediment in it.

The advertiser's intention would be that the cook of the same community would be knowing the cooking preferred by that community and also to avoid any other health complications etc.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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