India: Equal opportunities

Original author: Kochhar & Co
Updating author: Trilegal
Consultant editor: AZB & Partners

See the legal services provided by the authors/consultant editors of International > India, including any discounts/offers for subscribers.

Summary

• Employers are prohibited from discriminating against women in recruitment and in conditions of employment. (See Specific provisions)
• Employers must not discriminate against employees and job applicants with disabilities on grounds of their disability. (See Specific provisions)
• Discrimination is prohibited in employment against people who are HIV positive or who live with an HIV-positive person. (See Specific provisions)
• Employers are prohibited from discriminating against transgender persons in employment or occupation. (See Specific provisions)
• The statutory prohibition of discrimination against women does not affect the application of legislation providing special treatment for women, or granting priority in recruitment or reserved jobs for certain groups, while discrimination on grounds of disability may be permissible if it can be shown that the discrimination is a proportionate means of achieving a legitimate aim. (See Exemptions)
• Sexual harassment against women is prohibited, and employers must provide a working environment free from sexual harassment and set up an "internal committee" to deal with harassment complaints. (See Sexual harassment)
• Individuals must not be subject to any detriment on the grounds of having made a complaint or brought proceedings under the legislation prohibiting discrimination against people who are HIV positive, while employees also have some protection from victimisation for certain other reasons. (See Victimisation)
• There is no statutory provision for positive action by employers in the private sector. (See Positive action)
• Employees and job applicants may seek various remedies for discrimination and sexual harassment, depending on the circumstances. (See Remedies and penalties)