The journey of diversity, equity, and inclusion (DEI in India) is a multi-faceted one. It is rooted in the country’s rich social and cultural fabric. DEI, as a concept, is not new to India, but its implementation in workplaces continues to evolve. While Indian laws offer significant protection against discrimination, challenges remain in bridging the gap between policy and practice.
From constitutional protections to progressive workplace regulations, the framework for DEI in India exists. However, the challenge lies in moving beyond token gestures to create real, meaningful inclusivity. In this article, we dive deep into DEI in India, examining the laws, policies, gaps, and practical challenges that organisations face today.
DEI in India: Legal framework and policies
At the heart of DEI in India lies the country’s Constitution. It sets the foundation for equality and anti-discrimination. Articles 14, 15, and 16 of the Indian Constitution guarantee equality before the law and prohibit discrimination based on religion, race, caste, sex, or place of birth. Furthermore, the constitution ensures equal employment opportunities. However, while these fundamental rights provide the bedrock for DEI, various sector-specific laws add depth to the inclusivity framework.
Key DEI laws in India
1. The Equal Remuneration Act, 1976 (ERA):
This act mandates equal pay for equal work and prohibits discrimination based on gender in recruitment and salary decisions. It has been instrumental in ensuring gender parity in industries where pay disparities exist between male and female workers. However, challenges persist, particularly in informal sectors and roles where gender biases are entrenched.
2. The Maternity Benefit Act, 1961 (MB Act):
This act offers 26 weeks of paid maternity leave, ensuring that women can take time off work during pregnancy without fear of job loss. Employers are obligated to provide benefits like crèche facilities and lactation breaks. The law promotes the welfare of working mothers.
3. The Rights of Persons with Disabilities Act, 2016 (PWD Act):
This act addresses the inclusion of persons with disabilities in workplaces. It mandates equal opportunities, reasonable accommodations, and the appointment of a liaison officer in organisations with 20 or more employees. However, stigma and lack of awareness around disability inclusion remain ongoing challenges in the workforce.
4. The Transgender Persons (Protection of Rights) Act, 2019 (TP Act):
Recognising the rights of transgender individuals, this act requires businesses to adopt equal opportunity policies. As per the act, businesses must ensure non-discriminatory employment practices. However, the lack of penalisation for non-compliance and societal stigma often limit its effectiveness.
5. The Sexual Harassment of Women at Workplace Act, 2013 (POSH Act):
Focused on preventing sexual harassment in the workplace, the POSH Act is crucial for ensuring women’s safety. Organisations with 10 or more employees must establish an Internal Complaints Committee (ICC). Organisations must also adopt preventive measures and create awareness around sexual harassment.
Challenges in implementing DEI in India
While India has an extensive legal framework supporting DEI, the actual implementation reveals several gaps. Here are some of the pressing challenges that organisations face:
Stigma and bias
Despite legislative efforts, deeply ingrained societal biases, particularly around gender, caste, and disability, persist. In many workplaces, DEI is reduced to meeting quotas rather than fostering genuine inclusivity. For instance, women, especially in leadership roles, continue to face stereotypical judgments questioning their competence and authority.
Lack of awareness around LGBTQ+ rights
Although the 2018 Supreme Court decision decriminalised Section 377 of the IPC, protecting the LGBTQ+ community from criminalisation, inclusion in workplaces remains a challenge. Many organisations still lack policies that actively protect sexual orientation or gender identity, leaving the onus on businesses to voluntarily create a safe environment.
Mental health concerns
Mental health is a growing area of concern, yet it is often overlooked in DEI strategies. Employees with mental health issues may hesitate to seek accommodations due to fear of stigma. Though some progressive companies are expanding mental health benefits, including counselling and flexible work options, the need for a more structured approach is evident.
Gender roles and work-life balance
The COVID-19 pandemic reshaped work environments, bringing remote and hybrid work models into the mainstream. However, the blurring of work-life boundaries disproportionately affected women, especially those juggling caregiving responsibilities. Organisations often fail to recognise the gendered aspect of flexible working. It can exacerbate gender inequality if not properly addressed.
Bridging the gaps: Building a DEI future in India
Addressing the gaps in DEI in India requires a concerted effort from both businesses and the government. Here are some key steps organisations can take to build a truly inclusive workplace:
Comprehensive audits and policy revisions
Companies should regularly assess their DEI policies and frameworks, identifying areas where existing practices fall short. It includes reviewing recruitment trends, pay parity, and workplace culture to ensure genuine inclusivity.
Mental health support
Companies must integrate mental health into DEI strategies. Employers can offer mental health resources, reduce workloads, or create flexible working arrangements for those dealing with anxiety, depression, or other mental health conditions. Providing mental health days or access to counsellors is another meaningful step.
Active inclusion of LGBTQ+ employees
Organisations must go beyond superficial inclusion and establish clear policies protecting LGBTQ+ rights. It includes equal opportunity policies, anti-discrimination clauses, and inclusive healthcare benefits. Ensuring the creation of safe spaces where LGBTQ+ employees feel heard and supported is crucial.
Gender-responsive policies
Flexible work arrangements, paternity leave, and shared caregiving responsibilities should be normalised to break the traditional gender roles that place a disproportionate burden on women. Employers should encourage men to take advantage of these policies to promote an equitable work culture.
Conclusion: The future of DEI in India
DEI in India has come a long way, but significant work still needs to be done. There are several blindspots to look after. The challenge lies not just in creating policies but in changing mindsets and making inclusivity a lived experience for all employees. As businesses in India continue to evolve, the focus should be on genuine efforts toward creating a workforce that values diversity and provides equal opportunities for all.
At Changeincontent.com, we are committed to advocating for meaningful DEI initiatives that go beyond tokenism. Together, we can build workplaces where everyone—regardless of gender, race, disability, or sexual orientation—feels empowered to 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 define broadly to include 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.
