I was denied entry to a Asansol public place on discriminatory grounds; which Article applies?
SU Asked by Sunita Reddy from India
Quick Answer
Article 15(2) prohibits discrimination on grounds of religion, race, caste, sex or place of birth in access to shops, restaurants, wells and public places.
Detailed Legal Analysis
Article 15(2) prohibits discrimination on grounds of religion, race, caste, sex or place of birth in access to shops, restaurants, wells and public places. The denial of entry is a constitutional violation and also an offence under Sections 92 and 93 of the Bharatiya Nyaya Sanhita for wrongful restraint and disobedience of law.
File a complaint with the Asansol police and a writ petition under Article 226 in the Calcutta High Court against the place and the state for failing to enforce the right. The court will examine whether the denial was on a prohibited ground and whether the place is a public place under Article 15(2).
West Bengal Premises Tenancy Act 1997 on equal access must comply with Article 15(2), and any custom to the contrary is void. Preserve the denial, the witness statements and any video of the incident in Asansol.
The court can direct the place to allow entry and to pay compensation for the humiliation.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.