The corporate landscape is evolving, and companies worldwide are embracing Diversity, Equity, and Inclusion (DEI). The core idea is to create work environments that value fairness, equal opportunity, and inclusivity. In India, DEI is not just a business priority but a legal requirement. Several laws ensure that workplaces maintain equity and fairness, supporting diverse groups of employees across various sectors. Today, let us explore the fundamental DEI laws in India and what companies and employees need to know about them.
The constitutional backbone of DEI
The Indian Constitution provides a strong foundation for DEI in the workplace. Articles 14, 15, and 16 lay out clear mandates that uphold equality for all citizens:
- Article 14 ensures equality before the law and equal protection under the law for every individual.
- Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth.
- Article 16 guarantees equality of opportunity in employment for all citizens.
These constitutional provisions ensure that employers provide a non-discriminatory, inclusive environment. However, beyond these constitutional guarantees, several specific laws further enforce DEI compliance.
Key DEI laws in India
1. The Equal Remuneration Act, 1976 (ERA)
The ERA mandates equal pay for equal work. It ensures that women employees receive the same remuneration as their male counterparts for similar roles. This law also prohibits discrimination during recruitment, promotions, and other work conditions.
What companies need to do: Ensure that their compensation policies do not discriminate on the basis of gender. Additionally, companies should provide equal opportunities for women in the hiring and promotion processes.
2. The Transgender Persons (Protection of Rights) Act, 2019
This landmark law focuses on safeguarding the rights of transgender persons in society and the workplace. The act mandates equal opportunities in employment and prohibits discrimination in hiring and promotion. It also ensures that workspaces are safe and accommodating for transgender employees. Companies must also designate a complaints officer to address any grievances under this act.
What companies need to do: Implement gender-neutral policies, ensure infrastructure adjustments, and foster an inclusive environment. You can do so by preventing discrimination and providing facilities such as unisex washrooms.
3. The Maternity Benefit Act, 1961
This act protects the rights of female employees by offering 26 weeks of paid maternity leave to women expecting their first or second child, with reduced benefits for subsequent children. The act also covers miscarriage leave. It mandates that employers offer medical bonuses if they do not provide pre-natal or post-natal care. Companies with 50 or more employees are required to have crèche facilities for working mothers.
What companies need to do: Ensure compliance with maternity leave policies, provide necessary facilities, and maintain a safe environment for pregnant employees. It also includes work adjustments where necessary.
4. The Rights of Persons with Disabilities Act, 2016 (PWD Act)
The PWD Act is a significant step forward in ensuring equal opportunities for persons with disabilities in the workplace. It mandates companies with more than 20 employees to frame an Equal Opportunity Policy and make their premises and practices accessible. The act requires the appointment of a liaison officer to oversee the recruitment and inclusion of disabled employees.
What companies need to do: Make reasonable accommodations, create accessible workspaces, and ensure policies that provide equal opportunities for disabled employees.
5. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
The POSH Act is a comprehensive law to prevent sexual harassment in the workplace. It mandates that every organisation set up an Internal Complaints Committee (ICC) to handle sexual harassment complaints. The companies must regularly conduct workshops to sensitise employees about the issue.
What companies need to do: Establish an ICC, implement a clear sexual harassment prevention policy, and conduct awareness programs to create a safe working environment for female employees.
Closing the gaps: What still needs to be done?
While India has made significant strides in DEI compliance through its legal framework, there are still gaps in protection. It is especially true concerning LGBTQ+ rights and mental health concerns.
LGBTQ+ Rights
While the Transgender Persons Act is a step forward, there are still no specific laws protecting individuals based on sexual orientation. It leaves companies with the responsibility to implement non-discriminatory practices voluntarily, which should include all sexual orientations.
Mental health in the workplace
Mental health continues to be a growing concern in modern workplaces. However, no specific laws mandate accommodations for employees struggling with mental health issues. Employers can still take the lead by offering mental health resources, flexible work arrangements, and policies that encourage a healthier work-life balance.
Key takeaways for Indian companies
For Indian businesses, complying with DEI laws is not only about following regulations. It is about creating a workplace where every employee feels valued and respected. Here are some best practices for compliance:
- Create inclusive policies: Review existing policies and develop new ones that ensure DEI compliance across all levels of the organisation.
- Conduct regular audits: Periodically assess whether the company’s DEI efforts are effectively implemented.
- Provide training: Sensitise employees and managers about DEI issues through regular workshops and awareness sessions.
- Establish grievance redressal mechanisms: Ensure that employees can voice their concerns without fear of retaliation.
DEI Laws in India: The Final Thoughts
Diversity, Equity, and Inclusion are legal imperatives in India. With a strong constitutional foundation and specific laws to protect women, transgender persons, disabled individuals, and other marginalised groups, Indian businesses have a clear roadmap for creating an inclusive workplace. By embracing these laws, companies can stay compliant and foster a culture where everyone, regardless of their identity, can thrive.
Disclaimer: The views expressed in this article are based on the writer’s insights, supported by data and resources available both online and offline, as applicable. Changeincontent.com is committed to promoting inclusivity across all forms of content, which we broadly define as media, policies, law, and history—encompassing all elements that influence the lives of women and gender-queer individuals. Our goal is to promote understanding and advocate for comprehensive inclusivity.
