The Bill, which would provide for the setting up of an Equal Opportunity Commission, would look into various complaints from marginalized groups if and when they are deprived of their opportunities, especially in the sectors of employment and livelihood and education.
“Suppose a farmers’ group feel that they are deprived of river water, or a group of villagers in Ladakh feel that they are lagging behind in economic opportunities because they do not have a road they can approach the Equal Opportunity Commission (EOC),” eminent jurist N Madhava Menon, head of the expert group on the EOC, told Deccan Herald. “The EOC will be unique in the sense that it would have jurisdiction over both the public and the private sector and would entertain only group equality related cases,” he said
He also added that the scope of the EOC might apparently overlap with other Commissions, yet it would have its own niche and unique role.
Evidence required
The uniqueness of the body would come from the fact that it would ask for remedy on the basis of evidence and not on mere allegation as it would have the power of a civil court to gather facts and could also commission experts.
Since the impact and the efficacy of the EOC would depend mainly on its ability to influence public opinion and provide credible evidence, the proposed body would have the power to announce Codes of Good Practices.
The codes are the standard powers of a civil court relating to inquiries, power to provide legal assistance to complainants and to the Commission, power to demand information and to inspect records.
Besides, the EOC would conduct general and special investigations by following a standard, transparent, fair and time-bound procedure.
The proposed body would have a chairperson and six members, enjoying tenure of five years.
The members would be selected from among experts (at least one each from law and social science), professionals and activists, with due representation to women and other disadvantaged groups, by a selection committee headed by the PM.