india discrimination religion indian-constitutional-law
Can hospitals run by trusts discriminate based on religion in India
<p>Suppose there's a hospital run by any trust. It gives free medicines to patients belonging to a particular religion and other patients have to pay for their medicines.</p>
<p>However, India is a secular country with the right to protection against discrimination based on religion.</p>
<p><strong>Is this legal?</strong></p>
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<p><em>If yes then what are the circumstances under which this is legal with respect to the nature of the trust, religion (minority or majority), type of the service provided, etc</em></p>
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<p><a href="https://en.wikipedia.org/wiki/Article_15_of_the_Constitution_of_India" rel="noreferrer">Article 15 of the Indian Constitution</a> states that &quot;The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or any of them&quot;, thus a government hospital could not discriminate based on religion. There are also specific statutory non-discrimination mandates such as The Equal Remuneration Act 1976, The Maternity Benefit Act 1961, The Rights of Persons with Disabilities Act 2016, primarily addressing matters of employment. The HIV/AIDS (Prevention and Control) Act prohibits discrimination based on HIV/AIDS status in the realm of employment, service accommodations, property rentals, and insurance. But India does not have a comprehensive law that outlaws discrimination on religious grounds that applies to private parties. The protection offered by law is solely protection against the government.</p>
