Limitations On Freedom From Discrimination

Limitations On Freedom From Discrimination

The Constitution itself provides that a law is not invalid merely because it imposes restrictions on the appointment of a person to any office, or into a company. For instance, if a law says that only people who have not been previously convicted of any offence can apply for the position of a governor of a State, such a law is not invalid merely because of that requirement. If a law says that anybody who has been pronounced guilty by a court of law cannot become the managing director of a company, such a law is not invalid on that account alone.

A law is not discriminatory if it imposes restrictions on the categories of persons who can become a member of a group. For example, a law may state that anybody seeking to be appointed into the armed forces must be six feet tall. Those who do not meet this requirement cannot complain of discrimination against them from becoming members of the armed forces on the basis of their circumstances of birth.
The right of freedom from discrimination is not breached if a requirement says a post is to be filled by persons of a particular sex. For example, a vacancy may be reserved for men only if a female will not be suitable for such a position.

Right to freedom from discrimination because of disability is not infringed upon if a disabled person is restricted from a particular profession or position if such profession is sensitive. For example, a blind man cannot complain that he is discriminated against from becoming a pilot because it is a sensitive position which a disabled person cannot occupy. A cripple may be refused driving license because of his disability and this may not be a derogation of his fundamental rights.

Right of freedom from discrimination is not breached if a rule or law states that persons from a particular region, sex, or ethnic origin are to be given certain privileges e.g., bursary awards, if such is merely to benefit and encourage persons from that particular region.