MP Shashi Tharoor has sought to bring in the Anti-Discrimination and Equality Bill, 2016.
How successful is the present law?
At present, discriminatory attitudes based on marital status, caste-affiliation, sexual orientation, disability, religion or food preferences do not come within the law’s scope.
The Constitution and relevant laws do prohibit the practice of untouchability.
But they do not address situations where a private landlord refuses to let out his house to Dalits, Muslims, homosexuals or non-vegetarians.
The law also does not cover situations where discrimination on various grounds is practised in private sector organisations, clubs, societies, NGOs, educational institutions, hospitals, panchayats.
What are the features of the bill?
The Bill brings all these entities within its ambit.
It includes service providers, customers and employees in both the organised and unorganised sectors.
It is a comprehensive anti-discrimination law, which would go a long way in fostering diversity and pluralism in Indian society.
The bill significantly broadens the categories of what will be regarded as discrimination and prejudicial treatment under law.
It also extends protection to many individuals and groups who were earlier left defenceless.
It also lay down a strong structure and mechanism to provide redress, and of measures which could serve as deterrents.
The menace posed by khap panchayats and similar entities based on caste and communal lines is notorious.
By prohibiting segregation and boycott (economic, cultural and social) of individuals and others the Bill seeks to take a key power of the khaps.
And public servants such as police and other officials who are complicit in such acts would also be held liable.
The Bill makes it mandatory for organisations to carry out anti-discrimination and diversification duties, and progressively realise diversification through providing scholarships, recruitment measures and trainings, and targeted advertisements.
It provides for compensation to be paid by those indulging in discrimination, segregation or boycott.
The amount for damages is twice the monthly salary of an MP, or Rupees 1 lakh, whichever is higher.
And for aggravated discrimination, exemplary damages can be awarded.
It also provides for protective orders, which are a type of restraining orders to prevent an individual or organisation from continuing to carry out a discriminatory act or practice.
