India is a home of ethnic diversity. Inclusion of diverse people in whatever we do as a nation, is essential for Indianism. Indian law has recently been a great enabler and been a motivator in helping employers, build a diverse and inclusive work environment.

The constitution of India in its preamble itself incubated the image of an inclusive society. Various provisions of the constitution of India including articles 14 (Equality before law), 15 (Prohibition of discrimination on grounds of religion, race, caste, gender or place of birth), 16 (Equal opportunity to all),19 (Protection of certain rights regarding freedom of speech, etc.), and 21 (Protection of life and personal liberty) solidify the notion of diversity and inclusion as a fundamental need for nation building process based on human values and mutual respect.

Some of the recent changes in the laws, coming in through enactment/s, amendment/s and judicial pronouncement/s has indeed provided a new dimension to the diversity and inclusion landscape of India. It would be essential to discuss these recent additions which has boosted essence of establishing a diverse and inclusive workplace.

The Maternity Benefit (Amendment) Act, 2017, an amendment to the Maternity Benefit Act, 1961, which received the assent from President of India on March 27, 2017 (“Amendment”). This Amendment has increased the duration of paid maternity leave available for women employees from the existing 12 (Twelve) weeks to 26 (Twenty-six) weeks. It also provides for maternity leaves for the adoptive and commissioning mother. This clearly demonstrates the maturity of the government to provide a true meaning to motherhood by putting enabling statutes in place. This Amendment has also mooted the option of providing ‘work from home’ for women employees during the motherhood. The Amendment also requires employers to provide crèche facility. Therefore, this Amendment would help employers to maintain the gender diversity at work. During motherhood, for any women, the primary responsibility is the child and this Amendment empowers mothers to take care of their primary responsibility well along with work.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Law”) is an enactment which requires employers to create an environment free from sexual harassment and discrimination. POSH Law emphasizes on creating a proactively safe workplace for women employees and it also provides for remedies in the event of any untoward experience, women may face at workplace. In India, sometimes, women were discouraged from working due to fear of being harassed at work and POSH Law proves to be a great check on the same. It would certainly help employers to achieve gender diversity at work and provide an inclusive and safe workplace to all women.

The Rights of Persons with Disabilities Act, 2016 (“PWD Law”) is supported by India’s vision and commitment to United Nation Convention on the Rights of Persons with Disabilities (UNCRPD). PWD Law repeals the Persons with Disabilities Act, 1995 and it is based on the notion of ensuring persons with disability (PWD) enjoy the right to equality, life with dignity and respect for his or her own integrity equally with others. This covers employers of public and private sector. The most unique feature of PWD Law is to bring private sector employers in scope and mandating employers to publish ‘equal employment opportunity policy’ focused on persons with disability. PWD Law requires each of the private sector employers to provide for and publish such positions/roles where PWD candidate can be hired. It also mandates employer to provide reasonable accommodation to PWD team member at workplace thereby ensuring an enabling and harassment free environment at work. PWD law is certainly providing a level playing field for PWD candidates and motivating employer to be inclusive in their recruitment approach. To promote the employability of disadvantaged groups into private sector, government has proposed some of the incentives plans as well in the form of subsidies on social security contributions. There is a legitimate expectation on the part of state government to come up with an incentivization plan for private sector employers, employing the stipulated percentage of their work force as PWDs. Having a diverse work force has its own advantages for any employer and PWD law is truly an enabler.

The Supreme Court of India on Lesbian, gay, bisexual, transgender and intersex (LGBTI): Recently, Supreme Court in the matter of Navtej Singh Johar & Ors. Vs. Union of India, concluded that Section 377 of Indian Penal Code abridged the rights of lesbians and gays community under articles 14 (Equality before law), 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), 19 (Protection of certain rights regarding freedom of speech, etc.), and 21 (Protection of life and personal liberty) of the Constitution. It is the first time in India when homosexuality is recognized as natural act and hence, a long deserved legitimate recognition to LGBTI community in India is given. This judgment motivates employers be open about inclusion of LGBTI workforce and help employers to build a platform for diverse communities to interact and form an inclusive society.

As far as transgender is concerned, Supreme Court had already recognized them as “third gender” in year 2014 (National Legal Services Authority vs. Union of India & ors.) and Government was directed to recognize third gender as socially and economically backward class.

The Apprentices Act requires employers to engage with a stipulated number of apprentices/ trainees/interns (at least 2.5% of total workforce) during the year and this certainly help employers in bringing people of diverse age group together to create an environment full of energy and enthusiasm.

To conclude, it would be apt to say that India as a nation has made considerable amount of progress in building an inclusive society and thereby an inclusive workforce. Today, every employer must celebrate the notion of diversity and inclusion which would help them build a team of diverse, energetic and out of box thinkers.