Age Discrimination Laws In India: Emerging Issues And Challenges
- IJLLR Journal
- Aug 8
- 2 min read
Dr. Sunaina, Assistant Professor of Law, Panjab University SSG Regional Centre, Hoshiarpur, Punjab, India*
ABSTRACT
Age discrimination implies treating a person less favourably or less receptively, or not giving him/her the same opportunities as others in the similar situation because he/she is considered too old or too young. It is a kind of bias against someone due to his/her age. Age discrimination has surfaced as a notable but still overlooked challenge in the present legal system in India. Although discrimination on the grounds of religion, race, caste, sex, and place of birth has been given due recognition under the constitution of India and also by the judiciary but issue of age discrimination still remains unredressed. Discrimination based on age impacts both generations whether old or young. Young people often face difficulties in employment because of lack of experience, whereas older people encounter issues like compulsory retirement, denial of employment due to deteriorating health or other reason, etc. Age-based classifications may sometimes try to fulfil legitimate objectives but unreasonable classification has the potential to erode the constitutional principles of equality, dignity and social inclusion.
India does not have direct or comprehensive legislation on age discrimination but derived indirectly through the constitutional provisions manifested in Articles 14, 15, 16, 21, 38, 39, and 41, labour codes, judicial interpretation and welfare legislation for senior citizens. The constitutional framework acts as the foundational base for protecting citizens from unfair discrimination. However, these provisions do not expressly give due recognition to age as an explicit prohibited ground of discrimination. Judicial interpretations have tried to address and balance the state’s authority to prescribe age-based classifications in consonance with the individual’s right to equality. This paper examines the notion of age discrimination in India and analyses the issues and challenges that are encountered due to lack of explicit constitutional and statutory framework design relating to age-based discriminations. The paper also analyses judicial verdicts and identifies the limitations in the existing legal structure. The paper finally proposes suggestions to overcome the limitations.
Keywords: Age, Constitution, Discrimination, Equality, India.
