Can the people affected by OYO policy or else get relief?
According to advocate Rajesh Gupta, under Article 15(2) of the Constitution, the State and its undertakings are directed to ensure that they do not deny entry to any person on the basis of religion, caste, sex, place of birth or any other grounds to public places, such as hotels, restaurants, and public entertainment places.
However, it is also important to keep in mind here that this provision applies only to the actions of the state, it cannot be used directly against private entities. He said that if we connect it with the new rule of oyo, then oyo company is a private company, not of the state, so this provision of the Constitution does not apply directly against them.
He further said that however, the supreme court has also held in some cases that some fundamental rights can also be enforced against private companies. For example, in Kaushal kishore vs State of Uttar Pradesh (2023), the court had said that the right of Article 21 can also be applied against private parties. This indicates that Oyo's new policy could be considered against the fundamental rights protected by the Constitution, and if the court upholds this decision, oyo could be ordered to change it.
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