Lesson 57 of 76 7 min Premium

Persons with Disabilities, Elderly, Minorities, Transgender Persons and Unorganised Workers

Persons with disabilities

Census 2011 counted about 2.68 crore persons with disabilities, or 2.21% of the population. Experts consider this an undercount: surveys using broader definitions report higher figures. India ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007. This led to the Rights of Persons with Disabilities (RPwD) Act 2016, which replaced the Persons with Disabilities Act 1995.

RPwD Act 2016: key features

Recognises 21 types of disability (up from 7 in the 1995 Act), including acid attack victims, specific learning disabilities, autism spectrum disorder, thalassaemia, haemophilia, Parkinson's disease and multiple sclerosis.
Benchmark disability means at least 40% of a specified disability.
Reservation: 4% in government jobs and 5% in higher education seats for persons with benchmark disabilities.
Free education for children with benchmark disabilities aged 6–18.
Accessibility: public buildings and transport must be made accessible within time limits.
Special courts in each district; penalties for discrimination.
Chief Commissioner for Persons with Disabilities at the Centre and State Commissioners in the states.

Schemes and institutions:

The Accessible India Campaign (Sugamya Bharat Abhiyan, 2015) covers the built environment, transport and ICT.
UDID (Unique Disability ID) cards serve as a single national document.
ADIP provides assistive devices.
The Department of Empowerment of Persons with Disabilities (Divyangjan) sits in the Ministry of Social Justice and Empowerment.
The Rehabilitation Council of India regulates rehabilitation professionals.
The Mental Healthcare Act 2017 decriminalised attempted suicide (with a presumption of severe stress) and recognises advance directives.

Issues: inaccessible buildings and websites, low awareness of rights, delays in certification, low employment (particularly in the private sector), and stigma. In *Vikash Kumar* (2021) the Supreme Court recognised reasonable accommodation as part of equality.

The elderly

Census 2011 counted about 10.4 crore people aged 60 and above (8.6%). The India Ageing Report 2023 (UNFPA) projects that the share will roughly double by 2050. Elderly women outnumber men and are more likely to be widowed and poor, a trend called the feminisation of ageing.

Laws and schemes:

Maintenance and Welfare of Parents and Senior Citizens Act 2007: children and relatives must maintain parents and senior citizens; maintenance tribunals handle claims; abandonment is an offence; old age homes are to be set up.
Indira Gandhi National Old Age Pension Scheme, under the National Social Assistance Programme (Article 41 inspiration).
Atal Vayo Abhyuday Yojana, an umbrella scheme with old-age homes and a helpline (Elder Line 14567).
Rashtriya Vayoshri Yojana: aids and devices for elderly BPL people.
PM-JAY: health cover was extended in 2024 to all citizens aged 70 and above, regardless of income.
National Programme for Health Care of the Elderly.

Issues: low pension amounts, a lack of geriatric care, isolation, abuse, and the burden of health expenditure. The National Policy on Older Persons dates from 1999; a revised policy has been drafted.

Minorities

The Constitution does not define "minority". Articles 29 and 30 protect cultural and educational rights. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions. Under the National Commission for Minorities Act 1992, six religious communities are notified as minorities: Muslims, Christians, Sikhs, Buddhists, Parsis and Jains (Jains were added in 2014).

Pie chart of religious composition in Census 2011: Hindus 79.8, Muslims 14.2, Christians 2.3, Sikhs 1.7, Buddhists 0.7, Jains 0.4 percent — Six communities are notified as national minorities under the NCM Act 1992.

Census 2011 shares: Muslims about 14.2%, Christians 2.3%, Sikhs 1.7%, Buddhists 0.7%, Jains 0.4%. Minority status is determined state-wise for the purpose of educational rights (*T.M.A. Pai Foundation*, 2002).

Institutions:

National Commission for Minorities (statutory).
Ministry of Minority Affairs (2006).
Commissioner for Linguistic Minorities (Article 350B).
National Commission for Minority Educational Institutions (2004).

Reports: the Sachar Committee (2006) on the social, economic and educational status of Muslims found that they lagged in education, government employment and access to credit. The Ranganath Misra Commission (2007) dealt with religious and linguistic minorities.

Schemes: the PM's 15-Point Programme (2006), scholarships (pre-matric, post-matric, merit-cum-means), PM VIKAS (skill development and livelihoods), and the PM Jan Vikas Karyakram for minority-concentration areas. The Waqf (Amendment) Act 2025 changed waqf administration and is under judicial challenge. Present it as legislation whose provisions are under review rather than settled.

Transgender persons

In NALSA v Union of India (2014) the Supreme Court recognised transgender persons as a "third gender" with the right to self-identify. The Court directed that they be treated as socially and educationally backward classes. In Navtej Singh Johar (2018) it read down Section 377 IPC to decriminalise consensual same-sex relations between adults. In *Supriyo v Union of India* (2023) it declined to recognise same-sex marriage, leaving the matter to Parliament.

Timeline from 2007 to 2021 of key laws and judgments on disability, elderly, transgender and unorganised workers — Most of these milestones reflect a shift towards a rights-based approach.

The Transgender Persons (Protection of Rights) Act 2019 prohibits discrimination in education, employment and healthcare and provides for a certificate of identity from the District Magistrate. A National Council for Transgender Persons has been set up. The SMILE scheme covers livelihood and Garima Greh shelter homes. Criticism: the requirement of certification by the DM, and lighter penalties for offences against transgender persons than for similar offences against others.

Unorganised workers and migrants

More than 80% of India's workforce is informal. The Social Security Code 2020, one of four labour codes, extends social security to gig and platform workers; the four labour codes were notified for implementation in November 2025. The e-Shram portal (2021) created a national database of unorganised workers. PM Shram Yogi Maandhan (2019) is a contributory pension scheme. One Nation One Ration Card benefits migrants. The COVID-19 lockdown exposed the vulnerability of migrants. In *In re: Problems and Miseries of Migrant Labourers* (2021) the Supreme Court directed registration of migrant workers and ration supply.

Practice: Mains question

*"The Rights of Persons with Disabilities Act 2016 marks a shift from a welfare approach to a rights-based approach." Explain. (150 words)*

Welfare versus rights: the conceptual shift

Older laws treated vulnerable groups as objects of charity. Newer frameworks treat them as rights-holders, with enforceable entitlements and remedies. Examples include the RPwD Act 2016 (rights, accessibility and penalties), the Transgender Act 2019, the Forest Rights Act and the NFSA 2013. This change reflects the capability approach: the aim is to expand what people can do and be, not merely to transfer resources. Public money is still needed, but rights also create accountability. Citizens can approach courts and commissions when entitlements are denied.

Common prelims traps

The Chief Commissioner for Persons with Disabilities is a statutory office under the RPwD Act.
Parsis are a notified minority even though they are numerically tiny.
Minority status for Article 30 is decided state-wise.
The Maintenance Act 2007 allows tribunals to award monthly maintenance (originally capped at ₹10,000).

Quick self-test

*What does "benchmark disability" mean?* A specified disability of at least 40%, certified by the competent authority.
*Who issues the certificate of identity under the Transgender Persons Act 2019?* The District Magistrate.
*Which scheme provides a contributory pension for unorganised workers?* PM Shram Yogi Maandhan. Workers aged 18–40 contribute, the Centre matches the contribution, and a ₹3,000 monthly pension is paid after age 60.

⚡ Quick revision

PwD: Census 2011 2.21%; UNCRPD ratified 2007; RPwD Act 2016: 21 disabilities, benchmark 40%, 4% jobs, 5% higher education
Accessible India 2015; UDID; Mental Healthcare Act 2017
Elderly: 8.6% (2011); MWPSC Act 2007; IGNOAPS; Elder Line 14567; PM-JAY for 70+ (2024)
Minorities: NCM Act 1992; six notified (Jains 2014); Art 29–30, 350B; Sachar 2006; Ranganath Misra 2007; PM VIKAS
Transgender: NALSA 2014; Navtej Johar 2018; Act 2019; SMILE, Garima Greh
Unorganised: e-Shram 2021, PM-SYM 2019, Social Security Code 2020, ONORC

India's system of affirmative action that sets aside a share of seats in legislatures, government jobs and educational institutions for historically disadvantaged groups such as Scheduled Castes, Scheduled Tribes, Other Backward Classes and economically weaker sections.The rights-based 2017 law that guarantees every person access to mental healthcare funded or provided by the government, allows advance directives and nominated representatives, regulates admissions to mental health establishments, and effectively decriminalises attempted suicide.India's apex court under Articles 124–147; guardian of the Constitution and final court of appeal. Full coverage: The Supreme Court: Composition, Appointment and Jurisdiction.India's umbrella health programme launched in 2018, with two pillars: a network of upgraded primary care centres (now Ayushman Arogya Mandirs) and the Pradhan Mantri Jan Arogya Yojana, which gives eligible families cashless hospital cover of up to ₹5 lakh a year.The Fundamental Right of religious and linguistic minorities to establish and administer educational institutions of their choice, with protection against discrimination in state aid and fair compensation if their property is acquired.The constitutional provision, added in 1956, that creates a Special Officer for Linguistic Minorities, appointed by the President, to investigate matters relating to safeguards for linguistic minorities and report to the President.The seven-member high-level committee chaired by Justice Rajinder Sachar, set up in 2005, whose 2006 report documented the social, economic and educational backwardness of Indian Muslims and recommended mechanisms such as an Equal Opportunity Commission and a diversity index.A 2019 law that recognises the right of transgender persons to a self-perceived gender identity, bans discrimination against them in education, work, health and services, and sets up a National Council for Transgender Persons.The four labour codes (the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020) consolidate 29 central labour laws into four, aiming to simplify compliance, extend protections to more workers and make labour markets more flexible.A 2006 law that recognises and vests forest rights, including land, use of forest produce and community management, in Scheduled Tribes and other traditional forest dwellers who have lived in and depended on forests for generations.A 2013 law that gives a legal right to subsidised food grains to up to 75% of the rural and 50% of the urban population, and provides nutritional support to pregnant women, lactating mothers and children.

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Persons with Disabilities, Elderly, Minorities, Transgender Persons and Unorganised Workers