NCM petitioned against Mumbai firm for job discrimination with Muslim

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By IndiaTomorrow.net,

New Delhi, 21 May 2015: Rejection of a job application just because the applicant was from the Muslim community may land the Mumbai-based diamond company in trouble as the National Commission for Minorities and the Government of Maharashtra have been approached for action against it.

Zeeshan Ali Khan had applied for job at the multi-billion Hari Krishna Exports Pvt. Ltd Tuesday evening (19th May 2015). Within 15 minutes, MBA graduate Khan got a one-line reply from the company:


Zeeshan Ali Khan (Photo credit – ANI)

“Dear Zeeshan, Thanks for your application. We regret to inform you that we hire only Non-Muslim candidates,” said the cold email from the HR of the company.

Delhi-based lawyer activist Shehzad Poonawalla Thursday morning filed a petition with the national minority panel seeking action against the company.

“I would like to draw the attention of the NCM to a blatant case of discrimination against a Muslim Job Seeker Zeeshan Ali Khan by a Mumbai based company Hare Krishna Exports Pvt. Ltd. From the facts of the case it is evident that Zeeshan Ali Khan was being refused even consideration for a job in the marketing field by the said company despite his resume and qualifications, only because he is a MUSLIM,” Poonawalla wrote.


Lawyer activist Shehzad Poonawalla

“This incident is a blatant violation of the spirit of the Constitution that mandates equality and absence of religious discrimination through Articles 14 and Article 25. Although the said articles apply to State/Public Authorities, it is incumbent on the Central and State government to prevent public and private entities from violating the Constitution and promote religious discrimination, hatred and intolerance. It is a blatant violation of several penal provisions of the Indian Penal Code 1860 that prohibit religious based discrimination, hatred, intolerance and stereotyping including sections 153B, 295A and 505(2).”

Poonawalla has sought NCM’s intervention in the case.
“Direct an independent investigation into the said incident and ascertain whether the said company has such a discriminatory and illegal policy against one religious community in violation of the Constitution. Kindly issue notice and seek a response from the State government of Maharashtra and the Ministry of Labour, Government of India on the said incident and thereafter direct appropriate legal and penal action against those found guilty including officials of the Company for having such a discriminatory policy,” he urged the NCM in the petition.

In November 2013, the NCM, acting on his complaint in 99acres.com case, had proactively taken up the matter of discrimination in housing against Muslim minorities in Mumbai.

Poonawalla has sent a copy of his petition to the Union Ministry of Home Affairs and also to Chief Minister of Maharashtra.

Clarification from the company
Meanwhile, as the news about the discrimination with Zeeshan Ali Khan spread, the Hare Krishna Exports Pvt. Ltd has come out with clarification.

“As a company, we wish to reiterate that there is an error done by one of the newly joined HR trainee. Company functions without being biased with any caste, religion and gender. In fact, more than 50 employees are from Minority community and people from 28 states are working in our group companies; some of them being for more than 12 years,” wrote Diamondbyhk Jasani, marketing executive of the company on his facebook page.

According to The Hindu, Mr. Khan on Wednesday also received a “regret” e-mail from a senior executive of the company. “We would like to clarify that the company does not discriminate against candidates based on gender, caste, religion, etc. Any hurt caused in the matter is deeply regretted,” said Mahendra S. Deshmukh, Associate VP & Head-HR of the company.

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