Is it discrimination or inequality before law?
Querist :
Anonymous
(Querist) 21 November 2011
This query is : Resolved
Age limit for posts that require phyisical endurance, strength and age of candidate like for soldier, policeman etc. is understandable.
But for posts that have absolutely no relation with phyisical endurance, strength and age of candidate having maximum age limit appears unreasonable. For example a clerk or peon or computer operator whether 25 years or 55 years can do same job equally well. Why this discrimination? Any grounds to contest this as discrimination or inequality before law?
ajay sethi
(Expert) 21 November 2011
at least not in india however abroad you have specific laws that prohibit discrimination
.if you believe you have been discriminated against because of your age, there are the protections provide by age discrimination law. The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The law is enforced by the Equal Employment Opportunity Commission (EEOC).
jobsearch.about.com/cs/careerresources/.../agediscriminat.ht...Cached - Similar
ajay sethi
(Expert) 21 November 2011
Employment Equality (Age) Regulations 2006 (‘Age Regs') cover:
Age, whether too young or too old.
Restricted protection for employees aged 65 or over
Querist :
Anonymous
(Querist) 21 November 2011
Sir thanks for your response. The Age Discrimination in Employment Act of 1967, The Equality Act 2010 etc. appears to be applicable in U.K. What do you think about filing a PIL to direct the Union of India and the States to stop this unreasonable age discrimination during recruitment and retirement? Is it not violation of various fundamental rights under Part III of Constitution by State? At least this one:
Article 16. 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.
Kiran Kumar
(Expert) 22 November 2011
yes I agree with your view point...even in France there is no age limit to enter Civil Services.
but prior to contemplating PIL over the matter, it will be better to complete the homework first.
you will have to make comparative analysis with other countries, since the Civil Services structure in India is almost still the same as it was left by Britishers.
read out the Y.K Alagh Committee report on Civil Services Exam...Why Catch them young policy has been recommended.
every system has some logic and that logic is contained in the policy adopted....so work it out.
Querist :
Anonymous
(Querist) 22 November 2011
Thank you gentlemen your opinions are comforting to the mind. I will begin doing my homework fully as suggested before filing the PIL. Y.K Alagh Committee report on Civil Services Exam...Why Catch them young policy etc. is fine but can any policy or whatever logic or the Civil Services structure as left by British override the Article 16?
Any more points to strengthen the PIL are welcome.
