Protections for groups that have historically faced discrimination and marginalization.
Overview
The Constitution and subsequent legislation recognize that formal equality is insufficient without
substantive protections for groups that have historically faced discrimination and marginalization.
This page covers the specific legal frameworks protecting vulnerable groups in India.
Women
Constitutional mandates (Articles 14, 15(3), 39) and legislative protections including:
Protection of Women from Domestic Violence Act (2005)
Sexual Harassment of Women at Workplace Act (2013)
Criminal Law (Amendment) Act (2013) — post-Nirbhaya reforms
Maternity Benefit Act (1961, amended 2017)
Prohibition of Child Marriage Act (2006)
Dowry Prohibition Act (1961)
Children
Juvenile Justice Act (2015): Care and protection of children, juvenile justice
boards, special homes, and adoption procedures.
Protection of Children from Sexual Offences Act (POCSO, 2012): Gender-neutral
law defining sexual offences against children and establishing special courts for speedy trial.
Right of Children to Free and Compulsory Education Act (RTE, 2009): Mandates
free education for children aged 6–14 and reserves 25% seats in private schools for disadvantaged groups.
Elderly
Maintenance and Welfare of Parents and Senior Citizens Act (2007): Provides
for maintenance of parents and senior citizens, establishment of tribunals, and old age homes.
Constitutional protection under Article 41 (DPSP): Right to public assistance in cases of
old age, sickness, and disablement.
Persons with Disabilities
India is home to an estimated 2.68 crore (26.8 million) persons with disabilities according to Census 2011,
though the actual number is believed to be significantly higher. The legal framework has evolved from
charity-based approaches to rights-based approaches, culminating in the Rights of Persons with
Disabilities Act, 2016 (RPwD Act).
RPwD Act, 2016 — Key Provisions
Expanded Definition: Recognized disabilities increased from 7 to 21.
Non-Discrimination (Section 3): No discrimination in employment, education, and access to public spaces.
Education (Sections 16–18): Free education for children with disabilities aged 6–18 years; 5% reservation in higher education.
Employment (Sections 33–35): 4% reservation in government jobs (1% each for visual impairment, hearing impairment, locomotor disability, and autism/intellectual disability/mental illness).
Accessibility (Sections 40–46): Mandatory accessibility standards for public buildings, transport, ICT, and services.
Social Security (Sections 50–57): Disability pension, unemployment allowance, insurance schemes.
Prevalence by Type of Disability (Census 2011)
Note: Census 2011 used a narrow definition (7 categories). The 2016 RPwD Act expanded recognition to 21 categories, but updated national data is not yet available.
Employment: Reservation vs. Reality
The PWD Act 1995 mandated 3% reservation; the RPwD Act 2016 raised this to 4%. However, actual
employment levels remain far below the mandated quota.
Source: Department of Personnel and Training (DoPT) Annual Report 2021-22. Gap attributed to non-identification of suitable posts and failure to fill reserved vacancies.
Accessibility Compliance (Accessible India Campaign)
Landmark Judgments
Jeeja Ghosh v. Union of India (2016): Supreme Court awarded ₹10 lakh
compensation for forced offloading of disabled passenger; held that disability does not diminish
right to dignity.
Ravindra Kumar Dhariwal v. Union of India (2018): Directed government
to ensure disability rights protection during Aadhaar implementation, recognizing biometric exceptions.
Institutional Framework
Chief Commissioner for Persons with Disabilities (CCPD): Statutory authority under the 2016 Act.
State Commissioners for Persons with Disabilities: Appointed in each state.
National Trust: Legal guardianship and support services for specific disability categories.
Rehabilitation Council of India (RCI): Regulates training of rehabilitation professionals.
LGBTQ+
Navtej Singh Johar v. Union of India (2018): Decriminalized consensual
same-sex relations by striking down Section 377 IPC.
Transgender Persons (Protection of Rights) Act (2019): Provides for recognition
of identity and non-discrimination, though critics argue it falls short of self-identification standards.
Religious Minorities
Protection under Articles 25–30 (freedom of religion, minority rights)
National Commission for Minorities Act (1992)
Specific safeguards for linguistic and religious minorities in educational and cultural domains