RELIGIOUS INTOLERANCE IN INDIAN PRIVATE SECTOR: A COMPARISON WITH UNITED STATES LAW

Abstract

The term “Secular” enshrined in the Preamble of Constitution of India by Forty Second Amendment in 1976 clearly laid down the path of effective non-religious governance and provided for an efficient safeguard to all the religions and religious beliefs which is elaborately protected under Articles 25 to 28 of the Constitution of India. Such fundamental freedom to practice and propagate one’s religion with a reasonable restraint coupled with basic framework of “equality, liberty and fraternity” lead to a scheme or structure where a citizen should be able to exercise his religious beliefs or practices without being discriminated against for the same and ensuring an ‘equal’ society with a feeling of brotherhood. Although Article 15 provides for an explicit prohibition of discrimination on the grounds of religion, but such protection is not extended to private sector employees due to one sided interpretation of term ‘state’ and absence of an anti-discrimination law in the country extending equally to both public as well as private sector employees.

This article draws out legislative schemes from federal laws of United States of America which have addressed these similar issues in an effective way with special focus on laws of State of California and FEHA and highlights the need for an Anti- Discrimination statute in the country by comparing two real life scenarios and drawing inferences from wider constitutional frameworks and philosophies of both the countries.