Constitutional Safeguards Against Workplace Discrimination

The Indian Constitution guarantees protection from discrimination in employment and education. The three foundational articles are:

Article 14 – Equality Before Law

Ensures equal treatment and equal protection by the law for all citizens. It’s the backbone of anti-discrimination jurisprudence.

Article 15 – Prohibition of Discrimination

Bars the State from discriminating on grounds of religion, race, caste, sex, or place of birth.
Clause 3 empowers affirmative action for women and children.
Clause 4 & 5 allow special provisions for socially and educationally backward classes, SCs, and STs.

Article 16 – Equality in Public Employment

Provides for equal opportunity in matters of public employment, while allowing reservations for backward classes (Clause 4) and economically weaker sections (EWS).

Landmark Supreme Court Cases on Workplace Discrimination

Air India v. Nargesh Mirza (1981)

Struck down sexist employment conditions like termination upon pregnancy as unconstitutional under Articles 14 and 15.

Neera Mathur v. LIC (1991)

Held that dismissing a woman for pregnancy non-disclosure violates constitutional protections and human dignity.

Vishaka v. State of Rajasthan (1997)

Laid the groundwork for the POSH Act, 2013, issuing binding guidelines for prevention of sexual harassment at the workplace.

Secretary, Ministry of Defence v. Babita Puniya (2020)

Extended Permanent Commission to women in the Indian Army, asserting that physiological differences cannot justify discrimination.

Lt. Col. Nitisha v. Union of India (2021)

Recognized indirect discrimination, stating that facially neutral policies that disproportionately affect women are unconstitutional.

Deepika Singh v. CAT (2022)

Upheld the right to maternity leave even in complex personal circumstances, expanding protections under Article 14.

Sukanya Shantha v. Union of India (2024)

Declared caste-based segregation in prisons a violation of Articles 14, 15, and 21, affirming workplace dignity and equality for SC/ST employees.

Recent Developments: Gender, Caste & LGBTQ+ Workplace Inclusion

Transgender Rights in Employment

In 2024, the Supreme Court upheld Tamil Nadu’s decision to reserve 1% of public sector jobs for transgender persons, citing Articles 14–16 and the Transgender Persons Act, 2019.

State-Sponsored Caste Census Data

• Bihar & Telangana caste surveys (2022–23) revealed systemic underrepresentation of SC/ST/OBC workers in the formal sector.

• Calls for a nationwide caste census have intensified to shape data-driven diversity policies.

POSH Act Non-Compliance Still High

According to UN Women (2024), 36% of Indian companies are still non-compliant with the POSH Act, a decade after its enactment.

Statistics on Discrimination in Indian Workplaces (2023–24)

Key Legal Provisions Used in Anti-Discrimination Cases

Latest Legal Developments (2023–2025)

Horizontal Reservation for Transgender Persons

• Tamil Nadu, Karnataka, and Kerala is recommend to provide 1–3% horizontal reservation for transgender individuals in public jobs Supported by Supreme Court and NALSA v. Union of India (2014).

Caste-Based Corporate Bias Reported

• In 2024, surveys by Oxfam and independent journalists highlighted underrepresentation of SC/ST/OBC candidates in elite private sector jobs.

Inter-caste and Dalit Discrimination in Private Employment

• Lack of legal mechanism in the private sector; demands are growing for a Caste Discrimination Law covering private companies and startups.

Union Budget 2025–26

• Proposed incentives for companies with inclusive hiring practices for SC/ST, transgender, disabled, and religious minorities.

Roadmap to Workplace Equality in India

1. Mandatory Diversity & Inclusion Audits

Periodic audits to assess workplace diversity on gender, caste, and identity lines.

2. Stronger Implementation of SC Rulings

Ensure compliance with key Supreme Court mandates like Babita Puniya and Nitisha through monitoring.

3. Caste-Inclusive DEI Programs

Corporates should explicitly include caste equity in their Diversity, Equity & Inclusion frameworks.

4. Enforce POSH in Informal Sector

Bring gig workers and informal workers under the POSH Act’s ambit through state rules and outreach.

Final Thoughts: The Legal & Cultural Shift Toward Equality

While India’s legal framework—anchored in Articles 14, 15, and 16—is robust, enforcement remains uneven. The Supreme Court has consistently expanded protections, but progress on the ground hinges on political will, corporate commitment, and social awareness.

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Written by Team Member(s) and Ms. Varsha Dubey.

Frequently Inquired Questions

Q1. What are the laws against caste discrimination in Indian workplaces?
A: Articles 14–16 of the Constitution, SC/ST (PoA) Act, and related Supreme Court rulings ensure protection.

Q2. What are landmark cases on gender discrimination in India?
A: Air India v. Nargesh Mirza, Vishaka, Babita Puniya, Nitisha, and Deepika Singh are key.

Q3. Is there a law for transgender rights in Indian employment?
A: Yes, the Transgender Persons (Protection of Rights) Act, 2019 and recent Supreme Court judgments uphold those rights.

Q4. What is Article 15(3) and how does it help women?
A: Article 15(3) allows the State to make special provisions for women and children, enabling affirmative action.