ANTI-DISCRIMINATION AND EQUALITY BILL, 2016

By DR. SHASHI THAROOR, M.P.

 —————— ARRANGEMENT OF CLAUSES ——————

CLAUSES

CHAPTER I PRELIMINARY

1. Short title and extent.
2. Definitions.

CHAPTER II PROTECTED CHARACTERISTICS, PROHIBITED ACTS AND POSITIVE DUTIES

3. Protected characteristic.
4. Protected group.
5. Disadvantaged group.
6. Direct discrimination.
7. Indirect discrimination.
8. Harassment.
9. Boycott.
10. Segregation.
11. Discriminatory violence.
12. Victimisation.
13. Diversification.
14. Anti-Discrimination duty.
15. Diversification duty.
16. Due regard duty.

CHAPTER III COMMISSIONS

17. Central Equality Commission.
18. Appointment of the Chief Equality Commissioner and Equality Commissioners.
19. Term of office of the Central Equality Commissioner.
20. Resignation and removal of Chief Equality Commissioners and Equality Commissioners.
21. Officers and staff of the Central Equality Commission.
22. Central Government to provide Funds.
23. Functions of the Central Equality Commission.
24. Powers of the Commission.
25. State Equality Commission.
26. Appointment of the State Chief Equality Commissioner and Equality Commissioners.
27. Term of office of the State Equality Commission.
28. Resignation and removal of State Chief Equality Commissioners and State Equality Commissioners.
29. Officers and other staff of the State Equality Commission.
30. State Government to provide Funds.
31. Functions of the State Equality Commission.
32. Powers of the State Equality Commission.

CHAPTER IV REMEDIES

33. Remedies against discrimination.
34. Protection Order for aggravated discrimination.
35. Punishment for breach of a Protection Order.
36. Jurisdiction of the High Court.

 CHAPTER V MISCELLANEOUS

37. Making a complaint.
38. Right to information.
39. Burden of proof.
40. Interim relief.
41. In Camera proceedings.
42. Separate Criminal Office.
43. Jurisdiction.
44. Saving.
45. Application to Union territories.
46. Power to make Rules.

THE SCHEDULE. CLAUSES 1 ANTI-DISCRIMINATION AND EQUALITY BILL, 2016

 By DR. SHASHI THAROOR, M.P.

A BILL to ensure equality to every citizen of the country by providing protection against all forms of social discrimination. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—

CHAPTER I PRELIMINARY

1. (1) This Act may be called the Anti-Discrimination and Equality Act, 2016. (2) It extends to the whole of India. Provided that it shall apply to the State of Jammu and Kashmir only in so far as it relates to any of the matters enumerated in List I or List III of the Seventh Schedule to the Constitution and as applicable to that State. Short title and extent.
2. In this Act, unless the context otherwise requires,— (i) the letters "A" and "B" shall have the same meaning as assigned to them under section 14; (ii) "adverse effect" includes the withholding of a benefit given to others including minimal, symbolic or nominal adverse effects or detriments; (iii) "affirmative action" means adoption of a conduct, law, policy, criterion, practice or structure which is designed to extend benefits, privileges or preferences to one or more disadvantaged groups, as proportionate means to end discrimination; (iv) "aggravated discrimination" means engaging in or attempting to engage in boycott, segregation or discrminatory violence; (v) "aggrieved person" means any person who alleges that he has been subjected to direct or indirect discrimination, harassment, boycott, segregation, discriminatory violence or victimization; (vi) "Central Equality Commission" means the Central Equality Commission constituted under section 17; (vii) "consumer" means any person who buys, hires, seeks to buy or seeks to hire any goods from a trader or avails of or seeks to avail of any services of a service provider, and includes non-commercial service-users such as patients and (primary, secondary, vocational or university) students; (viii) "employee" includes, but is not limited to, a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied, whether skilled, semi-skilled or unskilled, whether working in an administrative or managerial capacity or not, whether working full-time or part-time and including a co-worker, a contract worker, probationer, trainee, apprentice or one called by any other such name; (ix) "employer" includes, but is not limited to, a contractor and a sub-contractor, and any person who is responsible, whether ultimately or at an intermediate level, for the management, supervision or control of a workplace or discharging contractual obligations with respect to his employees; (x) "landlord" includes, but is not limited to, any person who is a landholder, seller, lessor, proprietor, housing society, hotel, motel, innkeeper, owner, estate or letting agency, board and lodgings provider or any other person providing residential, commercial, agricultural, or industrial property, for sale, lease or rent for temporary or permanent occupation or use; (xi) "member of civil society" means any citizen of India who is not a judge of the Supre
   
   Source: http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/2991.pdf
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