Shishir Johary, NMIMS Kirit P. Mehta School of Law, Mumbai
Abstract
Public employment ensures that the general public has the opportunity to participate in the business of the state. Though it may be viewed as a new type of property or economic wealth in theory, public employment requires equal and effective participation in order to share advantages or powers. The representation of many groups and people is a requirement for effective management. All parts of society must have an equal and effective involvement in the activities and governance of the country in order to make democracy and national unity a reality. The doctrine of equality opportunity in public employment is extremely important to Indian citizens because prior to independence, the nation's public sector was monopolized by the powerful and privileged groups of people. This doctrine has been enshrined in clause 1 of Article 16 of the Constitution of India, which states that all citizens will have equal opportunity in situations involving employment or appointment to any service under the state. It also empowers the state to make reservations of appointments for the vulnerable sections of the society so that the “right to equality’ doesn’t remain only a utopian concept. The vulnerable and backward classes like women and trangenders remain underrepresented in the public sector and they face a lot of challenges in the workplace. This paper aims to study the types of gender biasness and discrimination of women and transgenders at workplace. Further, it analyzes the provisions related to equality of opportunities in public employment under Article 14 and Article 16.
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