If I Were To Set Up A Private Company In India, Would I Get Penalised For Employing Only Hindus??
I want to set up a company but I only want to employ Hindus, Sikhs, Buddhists and Jains who are living in dire poverty.
According to Indian law, are "private" companies also under equal opportunities obligations.
Answers:
This is an excellent idea , Hindus need more such enlightened employers.This step will rule out chances of labor sabotage , unwarranted strikes, & blackmail that workers must be given 4 hrs break for Friday Namaaz.You will have to manage muslim politicians of the locality who may try to palm off unemployable miyas to you .That would be cheap.
All the best, I shall personally help U free of cost to set up this exemplary pestfree Unit .
No, Not at all...
You wil not be penalized even if you do not employ any Indian....
India is a Republic in every true sence..
no probelms at all. there is no bar at employing any Indian no restriction on case and creed.
You can set up a company and employ who ever you want. Only firing them becomes more difficult if the number of employees is more than a certain number and you are required to abide by labour laws - not on employing who so ever you wish. Minority institutions set up by religious minorities - Muslims, Christians etc enjoy more rights than that set up by Hindus. But religion is not an issue in employment. It is the employability.
No private parties are not covered under the equality clause as provided under the Constitution of India. Article 14 clearly provides The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 15 provides 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.
[(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.]
Article16 provides Equality of opportunity in matters of public employment.
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office 1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointment or posts in favour of any backward class of citizen which, in the opinion of the State, is not adequately represented in the services under the State.
[(4A) Nothing in this article shall prevent the State from making any provision for reservation 4[in matters of promotion to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]
[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
What we see in all these articles that the equality clause is with regards to the State or government or government agencies or companies or corporations & not the private parties or companies or agencies or individual person. So go ahead open any company for employment of any section of people as you wish you have right to do so.
Definitely you will be'punished' if you set up your industry in Gujrat and employ only Hindus. The backboneless Hindu Organisations would sought for till that time your industry get destroyed !
To your question: I would say that you probably wouldn't. In India Buddhists and Sikhs are a separate religion. Jainism hasn't got that minority status though. But if you wrote in the papers that you are only looking for employees of a particular traditional background, then you'd probably come across some really angry people.
To be completely honest with you, business is business. How is it possible to mix business with religion or social status? But I think your intention is good, only I would really employ people who actually have the qualifications and/or the skills to do that job. That is how capitalism works. It's cruel, but true.
No problem atall. But just out of curuosity why have you excluded muslims from the list ??
Now that a lot of people have cleared your doubts...please employ me..I'm an atheist.please..
Just kidding..LOL!
A private company can employ whom they want. However your question appears to be made not with the true answer in mind, but more to generate a heated if not vituperative "debate".
People who attempt to foment hatred must obviously do so for their own hidden agenda.
May God save India from such hatred mongers, and bless all Indians with peace, prosperity and good governance.
No one can touch you.You are welcome.
You dont have to antagonise others.
Dont you see ads in indian papers from arabian countries asking only muslims and christians to apply.
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