Delhi

Equality Bill 2016: Highlights

India is amongst the few regimes with a constitutional commitment to a liberal democracy
that nevertheless lack a comprehensive, multi-ground, antidiscrimination legislation. The
Bhopal Declaration issued in 2002 seeking to chart a new course for Dalits welcomed winds
of change the world over towards inclusion and diversity and against discrimination. A
conversation on the need and shape of an antidiscrimination law began after the Sachar
Committee recommended it in 2006. While the UPA government did briefly consider setting
up an Equal Opportunity Commission, the idea was quietly buried. Antidiscrimination law
remains a key demand of groups representing women, gays, lesbians, transgendered persons,
and persons living with disability. The policy debate on an antidiscrimination law has been
going on for about a decade. It is hoped that the existence of a draft Bill will give concrete
shape to this conversation and draw attention to details. This Bill is one such effort. It has
designed with NCT-Delhi in mind, but can be adapted for other states or the centre. It was
discussed at a workshop organised by the Centre for Policy Research, Delhi, on the 18th of
December 2015. This draft of the Bill has benefited significantly from helpful comments from
the discussants at the workshopShyam Babu, Jayna Kothari, Saumya Uma, Vidhu Verma,
Siddharth Narrainand from many other lawyers and activists (especially Gautam Bhatia
and Danish Sheikh). Mistakes remain mine alone. Comments and criticism are welcome.
Highlights of this Bill include the following:
The Bill creates civil liability (ss 13, 15) for acts of discrimination.
Discrimination includes direct discrimination (s 5), indirect discrimination (s 6),
harassment (s 7), victimisation (s 11) and aggravated discrimination.
Aggravated discrimination includes boycott (s 8), segregation (s 9) and discriminatory
violence (s 10).
The duty to refrain from discrimination applies not only to public authorities and private
persons performing a public function but also to public and private employers, landlords,
traders and service providers (s 12(6)).
Everyone has a duty to refrain from aggravated discrimination (s 14).
The protection against discrimination is generally available symmetrically to dominant
as well as disadvantaged groups and to majorities as well as minorities (ss 3, 4): to men
as well as women, Hindus as well as Muslims, brahmins as well as dalits.
Public authorities and private persons performing public functions have a diversification
duty (ss 16, 17) to progressively increase the participation of substantially excluded
disadvantaged groups.
Public authorities have a duty to give due regard (s 21) to the need to eliminate
discrimination.
Voluntary affirmative action (s 12(4), 19) in favour of disadvantaged groups (s 20) is
permitted if proportionate.
District courts designated as Equality Courts (s 24) have the primary responsibility for
civil enforcement.
A permanent and independent Equality Commission (ss 23, 24) has the responsibility to
promote the objectives of the Bill and aid its implementation.
Protection orders (ss 30, 31) against aggravated discrimination may be obtained from the
Magistrates court.
Dr. Tarunabh Khaitan

Delhi Equality Bill 2016

Statement of Objects .......................................................................................................................... 3
A. Preliminaries ................................................................................................................................... 4
1. Short title, Scope etc .................................................................................................................. 4
2. Definitions & Interpretation .................................................................................................... 4
B. Protected Characteristics and Protected Groups ............................................................. 6
3. Protected Characteristics .......................................................................................................... 6
4. Protected Groups ......................................................................................................................... 7
C. Prohibited Acts ................................................................................................................................ 8
5. Direct Discrimination ................................................................................................................ 8
6. Indirect Discrimination ............................................................................................................. 9
7. Harassment ................................................................................................................................. 11
8. Boycott ........................................................................................................................................ 11
9. Segregation ................................................................................................................................. 11
10. Discriminatory Violence ..................................................................................................... 12
11. Victimisation ........................................................................................................................... 12
12. Antidiscrimination Duty ...................................................................................................... 12
13. Remedies against Discrimination ..................................................................................... 13
14. Aggravated Discrimination ................................................................................................ 15
15. Additional Remedies against Aggravated Discrimination ....................................... 15
D. Diversification, Affirmative Action and Due Regard Duty ........................................ 15
16. Diversification ........................................................................................................................ 15
17. Diversification Duty ............................................................................................................. 16
18. Diversity Training ................................................................................................................. 16
19. Affirmative Action ................................................................................................................ 17
20. Disadvantaged Groups ......................................................................................................... 17
21. Due Regard Duty ................................................................................................................... 18
E. Equality Commission ................................................................................................................. 18
22. Equality Commission: Composition ............................................................................... 18
23. Equality Commission: Powers and Duties .................................................................... 21
F. Civil Enforcement ........................................................................................................................ 22
24. Jurisdiction: Equality Courts and High Court .............................................................. 22
25. Right to information ............................................................................................................. 22
26. Proof ........................................................................................................................................... 23
27. Interim Relief .......................................................................................................................... 23
28. In Camera Proceedings ........................................................................................................ 23
29. Separate Criminal Offences ............................................................................................... 24
G. Protection Orders ....................................................................................................................... 24
30. Protection Order for Aggravated Discrimination ....................................................... 24
31. Breach of a Protection Order ............................................................................................. 25
H. Miscellaneous ............................................................................................................................... 26
32. Existing Rights Unaffected ................................................................................................ 26
33. Rule-making Power .............................................................................................................. 26
Schedule ........................................................................................................................................... 26

Statement of Objects

Whereas the Constitution of India promises justice, liberty, equality and fraternity,
Whereas discrimination denies these constitutional promises to those subject to it,
Noting numerous reports of cases of discrimination in all spheres of social, economic
and political life, especially against dalits, Muslims, women, gays and lesbians,
hijras, disabled persons, persons from North-Eastern states, unmarried couples and
non-vegetarians,
Recognising the need to protect everyone subject to all forms of unfair discrimination
under a single comprehensive legislation,
Recognising that although normally minorities suffer discrimination, the law is more
likely to be successful if it, in general, protects minorities as well as majorities,
Recognising the need for the law to reduce the social salience of group membership
that exacerbates group disadvantage, while celebrating difference and pluralism,
Recognising the need to encourage diversity and affirmative action until these groupbased identities remain salient,
Recognising that the constitutional protections against discrimination in Articles 14,
15, 16 and 17 are necessary but not sufficient, and therefore need to be buttressed by
additional statutory protections,
Recognising the need to focus on the effects of discrimination on those subject to it
rather than on the guilt of the discriminator,
Recognising the particularly pernicious effects of aggravated forms of discrimination,
Noting that India has become an exception among liberal democracies for not
enacting a comprehensive antidiscrimination law covering the public and the private
sector,
Recognising the need to prevent a persons membership of a protected group from
having a detrimental impact on the success of his or her life,
Recognising the need to celebrate unity in diversity,
It is hereby enacted:

A. Preliminaries
1. Short title, Scope etc
(1) This Act may be called the Delhi Equality Act 2016.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) All provisions of this Act, except those contained in Parts E and F, shall come into
force at once.
(4) Parts E and F of this Act shall come into force on the sixtieth day of its enactment,
or on the date appointed by the Government of Delhi, whichever is earlier.

2. Definitions & Interpretation

(1) In this Act,
(i) A and B have the meanings prescribed in section 12;
(ii) aggrieved person means any person who alleges that she or he has been
subjected to direct or indirect discrimination, harassment, boycott, segregation,
discriminatory violence or victimisation;
(iii) adverse effect and detriment include the withholding of a benefit given to
others and minimal or nominal adverse effects or detriments;
(iv) consumer means any person who buys, hires, seeks to buy, or seeks to hire any
goods from a trader, or avails of or seeks to avail of any services of a service provider,
and includes non-commercial service-users such as patients and (primary, secondary,
vocational or university) students;
(v) disadvantaged group has the meaning prescribed in section 20;
(vi) employee includes, but is not limited to, a person employed at a workplace for
any work on regular, temporary, ad hoc or daily wage basis, either directly or through
an agent, including a contractor, with or without the knowledge of the principal
employer, whether for remuneration or not, or working on a voluntary basis or
otherwise, whether the terms of employment are express or implied, whether skilled,
semi-skilled or unskilled, whether working in an administrative or managerial
capacity or not, whether working full-time or part-time, and includes a co-worker, a
contract worker, probationer, trainee, apprentice or one called by any other such
name;
(vii) employer includes, but is not limited to, a contractor and a sub-contractor, and
any person who is responsible, whether ultimately or at an intermediate level, for the
management, supervision or control of a workplace, or discharging contractual
obligations with respect to his or her employees;
(viii) Equality Commission means the Commission established under section 22;
(ix) Equality Court means a court designated as such under section 24;

(x) Government of Delhi means the executive government of the National Territory
of Delhi headed by the Lieutenant Governor, who shall exercise any powers or
functions under this Act in accordance with the advice given by the Council of
Ministers for the National Capital Territory of Delhi;
(xi) High Court means the High Court of Delhi;
(xii) landlord includes, but is not limited to, any person who is a landholder, seller,
lessor, proprietor, housing society, hotel, motel, innkeeper, owner, estate or letting
agency, board and lodgings provider, or any other person providing residential,
commercial, agricultural, or industrial property, for sale, lease or rent for temporary or
permanent occupation or use;
(xiii) law in force means any law, other than the Constitution of India, which is or
can be enforced by any court, tribunal, regulator or any other adjudicatory or
administrative body in Delhi and which relates to a subject over which the Legislative
Assembly has legislative competence;
(xiv) Legislative Assembly means the Legislative Assembly of the National Capital
Territory of Delhi;
(xv) person includes, but is not limited to, a company, business, authority,
institution, organisation, venture, undertaking, enterprise, institution, establishment,
panchayat, personal law board, elders council, jamaat, political party, club, society,
trustee, non-governmental organisation, department, office, branch or unit, whether
governmental or private, whether incorporated or registered or not, whether formal or
informal, and whether for a profit motive or not;
(xvi) private person performing a public function relates to functions of the
Government of Delhi and includes, but is not limited to, public contractors, special
purpose vehicles formed in relation to public-private partnerships, and businesses in
receipt of any special subsidy, grant or benefit from the state that is not ordinarily
available to other businesses;
(xvii) protected characteristic has the meaning prescribed in section 3;
(xviii) protected group has the meaning prescribed in section 4;
(xix) public authority means any authority or body or institution that is under the
jurisdiction, competence, control or supervision of the National Capital Territory of
Delhi and
(a) is established or constituted by or under the Constitution, or by any law
made by Parliament, or by any law made by the Legislative Assembly, or
(b) is a body owned, controlled or substantially financed, directly or indirectly
by funds provided by the Government of Delhi, or
(c) is registered as a political party under the Representation of People Act
1951;

(xx) purchaser includes, but is not limited to, any person who is a transferee of a
property, whether or not he or she has paid any consideration;
(xxi) religion and belief includes, but is not limited to, recognised or unrecognised
sects within a religion, the religion of an individuals parent, an individuals religion
before or after a conversion or reconversion, atheism and agnosticism, and any
political or philosophical belief that is compatible with the objectives of this Act;
(xxii) service provider means any person who is a provider of any service, including
hospitality, entertainment, education (including primary, secondary and university
education), healthcare, advertising, insurance, banking, consultancy, commercial,
voluntary, charitable, professional, vocational, legal, transport, cultural, religious,
industrial and financial services;
(xxiii) tenant includes, but is not limited to, any person who is a sub-tenant, lessee,
paying guest, occupier or resident;
(xxiv) trader includes, but is not limited to, any person who is a seller, distributor,
letter, supplier, provider, manufacturer, packer, shopkeeper, retailer or wholesaler of
any goods;
(xxv) workplace includes, but is not limited to, (a) any department, organisation,
undertaking, establishment, enterprise, institution, office, branch or unit which is
established, owned, controlled or wholly or substantially financed by funds provided
directly or indirectly by any Government or the local authority or a government
company or a corporation or a co-operative society; (b) any private sector
organisation or a private venture, undertaking, enterprise, institution, establishment,
society, trust, non-governmental organisation, unit or service provider carrying on
commercial, professional, vocational, educational, entertainment, industrial, health
services or financial activities including production, supply, sale, distribution or
service; (c) hospitals or nursing homes; (d) any sports institute, stadium, sports
complex or competition or games venue, whether residential or not used for training,
sports or other activities relating thereto; (e) any place visited by the employee arising
out of or during the course of employment including transportation provided by the
employer for undertaking such journey.
(2) Examples provided in this Act may be used as interpretive aids for its substantive
provisions, but may not be used to reduce the scope of protection against
discrimination offered by any substantive provision.
(3) The provisions of this Act shall be interpreted purposively, in order to achieve an
equal, liberal and pluralistic society that is in keeping with our constitutional morality.

B. Protected Characteristics and Protected Groups

3. Protected Characteristics
A protected characteristic means:

(i) caste, race, ethnicity, descent, sex, gender identity, pregnancy, sexual orientation,
religion and belief, tribe, disability, linguistic identity, HIV-status, nationality, marital
status, food preference, skin tone, place of residence, place of birth, age or
(ii) any other personal characteristic which:
(a)
is either outside a persons effective control, or constitutes a
fundamental choice, or both, and
(b)
defines at least one group that suffers or is in danger of suffering
widespread and substantial disadvantage, when compared with other
groups defined by the same characteristic, or
(iii) a combination of any of the above.
4. Protected Groups
(1) Subject to other provisions in this section, a protected group is a group defined by
a protected characteristic.
Examples:
1. Men constitute a protected group defined by the protected characteristic sex.
So do women.
2. Muslim women are a protected group defined by a combination of two
protected characteristics: sex and religion.
(2) In relation to the protected characteristics of pregnancy, the only relevant
protected group is persons who are, or are likely to become, pregnant, or a sub-group
thereof.
(3) In relation to the protected characteristic of disability, the only relevant protected
group is persons living with a disability, or a sub-group thereof.
(4) A protected group shall be deemed to include persons who are (correctly or
incorrectly) perceived to be members of that group and persons who are associated
with the members of that group.
Examples:
1. A person harassed because he is thought to be gay is protected from sexual
orientation discrimination even if he is not in fact gay.
2. An person without disability who has caring responsibilities for her disabled
son is protected from disability discrimination.
(5) A protected group includes any sub-group within it.
Example: Dalits include dalits living in a particular geographical area, or those
working in a particular establishment, or dalits who have a university degree, or dalits
converts to religions other than Hinduism, or any other sub-group within dalits.

C. Prohibited Acts
5. Direct Discrimination
(1) A conduct, law, policy, criterion, practice or structure is prima facie directly
discriminatory if is satisfies any of the sub-sections (2), (3), (4), (5) or (6) of this
section.
(2) It is intended to harm, injure, cause a detriment or adversely affect a protected
group.
Example: An employer refuses to interview a candidate because he is a dalit. This is
prima facie direct discrimination in relation to caste.
(3) It is motivated by prejudice against or stereotypical assumptions about members
of a protected group.
Examples:
1. A doctor administers conversion therapy to cure a lesbian of her same-sex
attraction. This prejudicial act is direct discrimination in relation to sexual
orientation.
2. An employer fires a female employee after her marriage because he makes a
stereotypical assumption that married women do not make efficient workers.
This is prima facie direct discrimination in relation to sex.
3. A college bans female students from wearing jeans based on stereotypical
assumptions about how women should dress. This is prima facie direct
discrimination in relation to sex.
4. A hospital hires only female nurses based on the stereotypical assumption that
women are more caring than men. This is prima facie direct discrimination in
relation to sex.
(4) It includes a reference to a protected characteristic, whether on its own or in
combination with any other criteria.
Example: A advertises to sell his house, and the advert says that only non-Muslims
shall be accepted as potential buyers. This is prima facie direct discrimination in
relation to religion.
(5) It is applied to a member or members of a protected group but not to a member or
members of any other group defined by the same protected characteristic.
Example: An employer administers a discretionary travel fund, which in practice is
usually disbursed to any employee, except to employees who originate from NorthEastern states. This is prima facie direct discrimination in relation to race and
ethnicity.
(6) Although applied generally,
(a)
it adversely affects or would adversely affect all members of a
protected group to whom it is or would be applied, and

(b)

does not or would adversely affect all members of any other group
defined by the same protected characteristic to whom it is or would
be applied.

Example: A university provides accommodation only to members of staff who have at

least one child with their married partner. While this rule excludes many opposite-sex
couples, it also excludes all same-sex couple. This is prima facie direct discrimination
in relation to sexual orientation. This is also prima facie direct discrimination in
relation to marital status.
(7) Subject to the other provisions of this section, prima facie direct discrimination is
sufficient to constitute direct discrimination unless the respondent shows that the
conduct, law, policy, criterion, practice or structure
(i) is a proportionate means of achieving a compelling objective, and
(ii) was adopted in good faith.
Examples:
1. A drama company is putting up a production of the Ramayana. It advertises
for male actors to apply for the role of Rama and female actors for that of Sita.
This is a proportionate means of achieving a compelling objective.
2. A restaurant owner refuses to hire a Muslim waiter because its patrons prefer
to be served by non-Muslims. Catering to the prejudices of others is not even a
legitimate objective, let alone a compelling one.
(8) Prima facie direct discrimination in relation to disability, nationality or age shall
be sufficient to constitute direct discrimination unless the respondent shows that the
conduct, law, policy, criterion, practice or structure
(i) is a proportionate means of achieving a legitimate objective, and
(ii) was adopted in good faith.
(9) Financial gain or the preservation of a culture, ethos or tradition, except when and
to the extent that such preservation is in pursuit of the rights guaranteed under
Articles 29 and 30 of the Constitution, shall not be regarded as a compelling
objective.
(10) A conduct, law, policy, criterion, practice or structure shall not be proportionate
if its objective can be substantially achieved through non-discriminatory or less
discriminatory means.
Example: An employer prohibits its female employees from working the night shift.
Ensuring the safety of its employees is a compelling objective, but the means adopted
is disproportionate because the objective can be achieved by making necessary
security arrangements instead.
6. Indirect Discrimination

(1) A generally applicable conduct, law, policy, criterion, practice or structure is
prima facie indirectly discriminatory if it does not amount to direct discrimination,
and

(i)
(ii)

either puts or would put members of a protected group at a special

detriment when compared with members of any other group defined by
the same protected characteristic, or
has or would have a disproportionate adverse effect on members of a
protected group when compared with members of any other group
defined by the same protected characteristic.

Examples:
1. An employer pays part-time workers at a lower hourly rate than full-time
workers, for doing the same work. A majority of part-time workers in his
establishment are women but a majority of full-time workers are men. This is
prima facie indirect discrimination in relation to sex.
2. A housing society only lets apartments to persons with a Masters degree. In
the relevant geographical area, dalits are substantially less likely to have
Masters degrees than non-dalits. This is prima facie indirect discrimination in
relation to caste.
3. A law school administers an entrance test for its admissions. Of those who sit
the test, 55% candidates are ordinarily resident in rural areas. However, only
10% of those who pass the test are ordinarily resident in rural areas. This is
prima facie indirect discrimination in relation to place of residence.
4. A milk delivery company has a policy of not supplying milk to butchers. Most
butchers in that locality are Muslims. This is prima facie indirect
discrimination in relation to religion.
(2) The satisfaction of sub-section (1) of this section is sufficient to constitute indirect
discrimination unless the respondent shows that the conduct, law, policy, criterion,
practice or structure
(i) is a proportionate means of achieving a legitimate objective, and
(ii) was adopted in good faith.
Examples:
1. In Example 1 to sub-section (1) of this section, the objective of encouraging
and rewarding full-time workers in order to retain them is legitimate.
However, the means of differential pay for the same value of work is not
proportionate. This is indirect discrimination in relation to sex.
2. In Example 2 to sub-section (2) of this section, if the rule was adopted by the
housing society with the intention to exclude dalits, it would lack good faith.
In any case, the requirement of a Masters degree for tenants is unlikely to
serve any legitimate objective of the housing society. This is indirect
discrimination in relation to caste.
(3) A conduct, law, policy, criterion, practice or structure shall not be proportionate if
its objective can be substantially achieved through non-discriminatory or less
discriminatory means.
Example: In Example 3 to sub-section (1) of this section, it is found that rural
candidates particularly underperform in the part of the entrance test that examines
prior knowledge of law. It is shown that prior knowledge of law has no correlation
with an aptitude to study law. Continued testing of prior knowledge of law will not be
a proportionate means of achieving the legitimate objective (in this case, of selecting

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candidates with the best aptitude to study law). This is indirect discrimination in
relation to place of residence.
7. Harassment
(1) Harassment is any communication or conduct related to a protected characteristic
that has the purpose or effect of creating an intimidating, hostile or bullying
environment for a person belonging to a protected group.
Examples:
1. A schoolboy who refuses to play sports is called a sissy by his teacher. This
is harassment in relation to gender identity.
2. A co-worker sprinkles holy water on a machine previously operated by a
dalit colleague to purify it. This is harassment in relation to caste.
(2) For the purposes of this section, whether a communication or conduct has the
purpose or effect of creating an intimidating, hostile or bullying environment for a
person belonging to a protected group shall be determined from the point of view of a
reasonable person belonging to that protected group, and in light of any relevant
historical or social context.
8. Boycott
Boycott means any overt or implicit abetment, support, encouragement, facilitation,
or practice of any social, economic, political, cultural or other form of avoidance,
ostracism, excommunication or exclusion that is targeted against or likely to
adversely affect members of a protected group.
Example: A khap panchayat orders villagers to stop all interaction with the families of
a couple who belong to different religions. This is boycott in relation to religion-cummarital status.
9. Segregation
(1) Segregation means any overt or implicit abetment, support, encouragement,
facilitation of, or use of force, coercion or manipulation, or the threat thereof with the
objective of preventing a person from interacting with, relating to, marrying, eating
with, living with, socialising with, becoming friends with, visiting, working with, or
contracting with another either because they belong to different protected groups
defined by the same protected characteristic, or because they belong to the same
protected group.
Examples: The following acts amount to segregation:
1. An employer operates separate canteens for upper-caste Hindus and all others.
2. A Hindu boy is threatened with violence unless he breaks off his romantic
relationship with a Muslim girl.
3. An adult consenting couple, walking hand in hand in a park, is set upon by a
mob which, on discovering that they are not married, forces the woman to tie a
rakhi on the mans wrist.
4. A young woman has her movements restricted and monitored by her family
because she is seen at a cinema hall in the company of a young man belonging
to the same gotra as herself.

11

(2) Whoever files a false complaint under section 366 of the Indian Penal Code 1860
or any other criminal law in order to frustrate or with the likely effect of frustrating a
persons free choice with respect to any friendship, relationship, cohabitation or
marriage has committed segregation.
(3) For the purposes of sub-section (2) of this section, a reliable statement made by
the person falsely alleged to have been kidnapped or otherwise affected shall be
sufficient, although not necessary, to prove that the complaint was false, even if he or
she later retracts from that statement.
10. Discriminatory Violence
(1) Discriminatory violence means any overt or implicit abetment, support,
encouragement, facilitation or use of violence or coercion that is targeted against
members of a protected group.
Example: A dalit woman is stripped and paraded around a village. This is an act of
discriminatory violence in relation to caste and sex.
(2) A public servant
(i) who has the duty or ability to protect the public from violence or coercion, and
(ii) fails to make, or causes or attempts to cause others to fail to make sufficient
efforts to protect members of a protected group from such violence or coercion
has committed discriminatory violence.
11. Victimisation
(1) Victimisation means subjecting to a detriment or adverse effect any person for
(i)
bringing a complaint under this Act, or
(ii)
seeking a protection order under this Act, or
(iii)
giving evidence in a proceeding or inquiry under this Act, or
(iv)
making an allegation concerning the contravention of this Act, or
(v)
seeking information in relation to this Act, or
(vi)
doing anything else in connection with the purposes or provisions of this
Act, or
(vii) providing financial, logistical or other support to anyone who does any of
these things.
(2) Victimisation includes subjecting to a detriment or adverse effect any person who
intends to do, or is believed to have done, or is believed to be likely to do, or is
believed to have the intention of doing any of the acts mentioned in sub-section (1) of
this section.
(3) Victimisation also includes subjecting to a detriment or adverse effect any person
who is associated with any person protected under sub-section (1) or (2) of this
section.
12. Antidiscrimination Duty
(1) A, or a representative of A, shall not directly or indirectly discriminate or use
discriminatory violence against, or harass, boycott, segregate or victimise:
(i) B, or
(ii) any person who seeks to, or would seek to, become B, or
(iii) any person who was B.

12

(2) A, or a representative of A, shall take all reasonable steps to ensure that B is

protected from discrimination, harassment, boycott, segregation, discriminatory
violence and victimisation by others over whom A has any direct or indirect
supervisory, managerial, contractual or other power or control.
(3) The duty in sub-section (2) of this section includes the duty to institute a readily
accessible and well-advertised formal complaints mechanism and the duty to duly
investigate and act on any complaints.
(4) The following are deemed not to breach the antidiscrimination duty:
(i) pursuing diversification as defined in section 16 of this Act;
(ii) providing diversity training, as defined in section 18 of this Act;
(iii) undertaking affirmative action, as defined in section 19 of this Act;
(iv) giving due regard to the need to eliminate discrimination and to promote
equality and diversity, as defined in section 21 of this Act; and
(iv) doing, adopting or instituting, in good faith, any conduct, law, policy,
criterion, policy or structure mentioned as an exception to the antidiscrimination duty
in the Schedule to this Act.
(5) As group membership, including his or her membership of the same protected
group as B, is irrelevant to determining whether A has breached his or her duty under
this Act.
(6) In this Act, A and B shall be construed broadly, and in accordance with the table
below:

employer
landlord
trader
service provider
public authority
private persons performing
public functions

employees
purchaser, tenant
consumer
consumer
any affected person
any person affected by
their public function

13. Remedies against Discrimination

(1) Subject to other provisions of this section, upon the breach of the
antidiscrimination duty, a court may order A, or any other person who is a party to the
proceedings before it, to:
(i) amend or abandon the discriminatory conduct, law, policy, criterion, practice or
structure,
(ii) pay damages, mesne profits, back wages or salary, and any other costs, along with
any interest, after adjustment for inflation, to the aggrieved persons and,
exceptionally, to any other person,
(iii) apologise in writing to the aggrieved persons,
(iv) adopt suitable diversification or affirmative action measures,
(v) undergo, or require a person under his or her supervision or control to undergo,
diversity training,

13

(vi) investigate and act upon harassment or victimisation by another,

(vii) put processes, mechanisms or structures in place to avoid future breaches,
(viii) guarantee, in writing, the non-repetition of the breach,
(ix) do or refrain from doing anything else
by issuing an appropriate order, declaration, injunction, or award.
(2) If the breach of the antidiscrimination duty entails direct discrimination under
section 5(1)(i), 5(1)(ii) or 5(1)(iv) or harassment or victimisation, a remedial order
shall normally include, but may not be limited to, an order for damages for an amount
not less than two times the monthly salary of a Member of Parliament at the time of
making the order, a written apology and a written non-repetition guarantee to each
aggrieved person.
(3) Damages or apology shall not normally be ordered for indirect discrimination.
(4) If the antidiscrimination duty is breached in relation to disability, religion,
pregnancy, gender identity, linguistic identity or age, A may be ordered to make
exceptions to reasonably accommodate the needs of specific aggrieved persons, rather
than to amend or abandon the discriminatory conduct, law, policy, criterion, practice
or structure as a whole.
(5) If a law in force is directly or indirectly discriminatory, or is incompatible with the
provisions of this Act in any other way, the High Court shall interpret it, if and so far
as it is possible to do so, to remove or mitigate the said incompatibility.
(6) If the interpretation in sub-section (5) of this section is not possible, or cannot
fully remove the incompatibility, the High Court
(i)
may strike down the incompatible provisions of any primary
legislation already in force at the enactment of this Act, either with
immediate effect or with effect from a specified date,
(ii)
may declare the incompatible provisions of a primary legislation
enacted after the enactment of this Act to be discriminatory and
recommend their reconsideration by the appropriate legislature:
Provided that the appropriate legislatures failure to satisfactorily act
on the recommendation within a period of one year shall be sufficient
ground for the High Court to strike it down,
(iii)
shall strike down the incompatible provisions of any law in force that
is not primary legislation, either with immediate effect or with effect
from a specified date:
Provided that, in exceptional cases and for reasons to be recorded in
writing, the High Court may instead declare such provisions to be
discriminatory and recommend their reconsideration,
Provided further that the appropriate legislatures failure to
satisfactorily act on the recommendation within a period of one year
shall be sufficient ground for the High Court to strike it down.
(7) Nothing in this section affects the powers that the High Court has under the
Constitution of India.

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14. Aggravated Discrimination

(1) Aggravated discrimination means engaging in, attempting to engage in or calling
for boycott, segregation or discriminatory violence.
(2) Every person, including anyone who is not A, is under a duty to refrain from
committing acts of aggravated discrimination.
15. Additional Remedies against Aggravated Discrimination
(1) Any remedy specified in sub-section (1) of section 13 of this Act may also be
ordered against anyone, including anyone who is not A, who commits aggravated
discrimination.
(2) A remedial order against a person who commits aggravated discrimination in
relation to a disadvantaged group shall normally include, but may not be limited to, an
order for exemplary damages, a written apology and a written non-repetition
guarantee to the affected persons or, if they are deceased or their whereabouts are
unknown, to their nearest relatives:
Provided that no such relative should have participated in or supported in any way the
commission of the said discrimination against the affected person,
Provided further that if a court decides not to award exemplary damages or require an
apology in a case of aggravated discrimination, it shall do so for special reasons to be
recorded in writing.
(3) For the purposes of this section, nearest relative includes, but is not limited to, any
unmarried or cohabiting spouse or partner or any person the deceased intended to
marry or enter into a romantic or sexual relationship with.
(4) If no such persons are identifiable, exemplary damages shall be awarded to the
Equality Commission for use towards the performance of its statutory duties.
(5) The quantum of any exemplary damages ordered against each respondent under
this section shall not ordinarily be less than the annual salary of the President of India
at the time the order is made.

D. Diversification, Affirmative Action and Due Regard Duty

16. Diversification
(1) Diversification is the adoption by A, through reasonable means, of a conduct, law,
policy, criterion, practice or structure that is designed to increase or encourage the
participation of a disadvantaged group that, in relation to its population in the relevant
geographical area, is substantially excluded from its activities.
Example: The proportion of Sikhs in the local police force is 0.5%, against their 5%
share in the local population. In this case, Sikhs are substantially excluded from the
personnel of the police force.
(2) Reasonable means of diversification include, but are not limited to, adoption of or
provision for scholarships, targeted advertising, allocation of up to 10% extra marks
in any examination for membership of a substantially excluded disadvantaged group,

15

special pre-recruitment or post-recruitment training, tie-breaker rules, reasonable

incentives for third parties to benefit the substantially excluded disadvantaged groups
and any indirect affirmative action measure.
17. Diversification Duty
(1) All public authorities shall undertake measures to progressively realise
diversification in all aspects of their work and at all levels of their workforce.
(2) All private persons performing public functions shall undertake measures to
progressively realise diversification in the aspects of their work and workforce related
to the discharge of their public function.
(3) Sexual, caste, tribal and religious diversification, especially in policing and public
procurement, shall be given urgent priority.
(4) Diversification measures in any given year may focus on any one or more
substantially excluded disadvantaged groups.
(5) The diversification duty applies only in relation to citizens of India who ordinarily
reside in the relevant geographical area.
(6) Without prejudice to its other powers under this Act, the Equality Commission
may seek any information and conduct any investigation in relation to the
diversification duty.
(7) If the Equality Commissions investigation reveals a breach, it shall make suitable
recommendations to remedy such breach after hearing the person or authority in
breach.
(8) The person or authority in breach must adopt these recommendations within two
months or propose an alternative set of remedial measures within that time frame.
(9) After the expiry of two months from the date its recommendations were received
by the person or authority in breach, the Equality Commission may reissue these
recommendations, including any modifications it may deem fit, as an order.

18. Diversity Training

(1) All public authorities shall, in liaison with the Equality Commission, conduct
regular training sessions for their personnel to sensitise them to the importance of
equality, antidiscrimination and diversity and to the purposes and provisions of this
Act.
(2) Training courses for members of the police force, judges of the Equality Court,
Magistrates specified in section 30 of this Act, and officers in charge of implementing
the Special Marriage Act 1954 shall be conducted within a year of the enactment of
this Act, and continue to be conducted on an annual basis thereafter.
(3) Training courses for other public servants who deal directly with members of the
public shall begin within two years of the enactment of this Act.

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(4) The Equality Commission may order any public authority to require its personnel
to undergo diversity training courses.
19. Affirmative Action
(1) Direct affirmative action is the adoption of a conduct, law, policy, criterion,
practice or structure that:
(i) includes a reference to a protected characteristic, whether on its own or in
combination with any other criteria, and
(ii) is designed to extend certain benefits, privileges or preferences to one or more
disadvantaged groups, and
(iii) is a proportionate means of extending such benefits, privileges or preferences.
Example: A private medical school awards an extra 5% marks in its entrance
examination to any Scheduled Caste candidates whose parent(s) do not have a
graduation degree. The policy includes a reference to the protected characteristic
caste.
(2) Indirect affirmative action is the adoption of a conduct, law, policy, criterion,
practice or structure that:
(i) does not include any reference to any protected characteristic, and
(ii) is designed such that its benefits, privileges or preferences shall mainly benefit
one or more disadvantaged groups, and
(iii) is a rational means of extending such benefits, privileges or preferences.
Example: A university has a fee waiver policy for any first generation university
entrant. In the relevant geographical area, Scheduled Caste students are likely to be
the main beneficiaries of this policy. The policy does not include any reference to any
protected characteristic but is a rational means of benefiting a disadvantaged group.
20. Disadvantaged Groups
(1) Disadvantaged group means, with respect to:
(i) caste: the scheduled castes recognised under Article 341 of the Constitution of
India, any other group that has been or continues to be a target of the practice of
untouchability;
(ii) race, ethnicity or descent: any racial and ethnic minorities in the relevant
geographical area, including persons who originate from North-Eastern states of
India, persons of Tibetan origin and persons of African origin;
(iii) sex: women and intersex persons;
(iv) gender identity: transgendered persons, hijras and gender-non-conforming
persons;
(v) pregnancy: those who are or likely to become pregnant;
(vi) sexual orientation: gays, lesbians, bisexuals, kothis and other sexual minorities;
(vii) religion and belief: religious minorities in the relevant geographical area, atheists
and agnostics;
(viii) tribe: the scheduled tribes recognised in Article 342 of the Constitution of India;
(ix) disability: persons living with any disability;
(x) linguistic identity: linguistic minorities in the relevant geographical area;
(xi) HIV-status: persons living with HIV/AIDS;
(xii) nationality: foreign nationals (including persons of Indian origin who hold a
foreign nationality), naturalised citizens;

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(xiii) marital status: unmarried persons, cohabiting couples, same-sex couples,

separated persons, divorced persons, widows;
(xiv) food preference: persons who are not vegetarians;
(xv) skin tone: persons with a darker skin tone;
(xvi) place of birth or residence: persons born in or ordinarily resident in a rural area;
(xvii) age: persons over the age of sixty-five, persons under the age of eighteen;
(xviii) an analogous protected characteristic under section 3(ii): any group suffering
widespread and substantial social, economic, political, cultural, or educational
disadvantage and notified as a disadvantaged group under sub-section (2) of this
section; and
(xix) a sub-set of or a combination of any of the above.
(2) (i) No notification under sub-section (1)(xviii) of this section shall be issued
without a recommendation of an independent five-member inquiry committee set up
by the Equality Commission for investigating the status of the group in question,
which, along with the Report containing such recommendation, has been laid before
the Legislative Assembly for a period of thirty days.
(ii) The inquiry committee shall include at least three members of the Equality
Commission, at least one of whom shall be a legal member and another an academic
member.
(iii) In order to constitute a valid recommendation, at least 4 members of the inquiry
committee, including its legal and academic members, must agree with the
recommendation.
21. Due Regard Duty
All public authorities, when making a strategic or policy decision, shall give due
regard to the need to eliminate all forms of discrimination and to promote equality
and diversity.

E. Equality Commission
22. Equality Commission: Composition
(1) The Government of Delhi shall, by notification in the Official Gazette within sixty
days of the enactment of this Act, constitute a permanent and independent body called
the Equality Commission to exercise the powers conferred on, and to perform the
functions assigned to, it under this Act.
(2) The Equality Commission shall consist of
(i)
the Chief Equality Commissioner, and
(ii)
up to ten Equality Commissioners, including
a. at least two legal members, who shall be advocates of at least ten
years standing before the High Court or the Supreme Court, or retired
judges of the High Court, who have a proven track record of working
to achieve the purposes of this Act,
b. at least two academic members, who shall be experts with doctoral
degrees in the social sciences and have academic appointments at a
university with academic expertise in areas related to the purposes of
this Act, and who shall be granted leave without prejudice by their
employing universities for the duration of their term in the Equality

18

Commission or until the date of their retirement from their academic

appointment, whichever is earlier,
c. at least two civil society members, who shall be persons of eminence
in public life and representatives of organisations of good repute that
have a proven track record of working to achieve the purposes of this
Act.
(3) At least half of the members of the Equality Commission must individually belong
to one or more disadvantaged groups, and at least two of them must be women.
(4) The Chief Equality Commissioner or an Equality Commissioner shall not be a
Member of Parliament or Member of the Legislature of any State or Union territory,
as the case may be, or hold any office of profit except by way of employment in a
public university, or in any way be connected with any political party or any
organisation, union or institution formally or informally allied with a political party.
(5) The Chief Equality Commissioner and the Equality Commissioners shall be
appointed by the Lieutenant Governor on the recommendation of a committee
consisting of:
(i)
the Chief Minister,
(ii)
the Leader of Opposition in the Legislative Assembly (that is,
the leader of the opposition party with the largest number of
seats in the Legislative Assembly), and
(iii)
one Cabinet member of the Government of Delhi nominated by
the Chief Minister.
(6) The committee mentioned in sub-section (5) of this section shall make its
recommendations in consultation with the following persons:
(i)
the Chief Justices of the High Court and the Supreme Court,
(ii)
the Vice Chancellors of at least two central universities,
(iii)
the Chairperson of the National Commission for Scheduled
Castes,
(iv)
the Chairperson of the National Commission for Scheduled
Tribes,
(v)
the Chairperson of the National Commission for Women,
(vi)
the Chairperson of the National Commission for Minorities,
(vii) the Chief Commissioner for Persons with Disabilities,
(viii) the Chairperson of the National Human Rights Commission,
and
(ix)
the Chairperson of the Delhi Commission for Women:
Provided that the committee shall not recommend the appointment of any candidate
whose appointment is opposed by any two persons consulted under this sub-section.
(7) The term of office of the Chief Equality Commissioner and the Equality
Commissioners shall be five years from the date he or she enters office or when he or
she attains the age of seventy, whichever is earlier, and shall not be renewable:
Provided that, as a transitional arrangement, four initial Equality Commissioners to be
appointed within sixty days of the commencement of this Act shall be appointed for a
term of seven instead of five years.

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(8) The salaries, allowances and other terms and conditions of service of the Chief
Equality Commissioner and the Equality Commissioners shall not be varied to their
disadvantage after their appointment, and:
(i) for the Chief Equality Commissioner shall be the same as that of an Election
Commissioner,
(ii) for the Equality Commissioner shall be the same as that of the Chief Secretary to
the Government of Delhi.
(9) An Equality Commissioner is eligible for appointment as the Chief Equality
Commission during or after the end of his or her term, as long as he or she satisfies all
other requirements specified in this section.
(10) The Chief Equality Commissioner or an Equality Commissioner may, at any
time, by writing under his or her hand addressed to the Lieutenant Governor, resign
from his or her office.
(11) The Lieutenant Governor may, on the advice of the Chief Minister, by order
remove from office the Chief Equality Commissioner or an Equality Commissioner if
he or she:
(i) is adjudged an insolvent, or
(ii) has been convicted of an offence which involves moral turpitude, or
(iii) is unfit to continue in office by reason of infirmity of mind or body, or
(iv) has acquired such financial or other interest as is likely to affect prejudicially his
or her functions as the Chief Equality Commissioner or an Equality Commissioner.
(12) The Government of Delhi shall, in consultation with the Chief Equality
Commissioner, provide the Chief Equality Commissioner and the Equality
Commissioners with such funds, officers and employees as may be necessary for the
efficient performance of their functions and exercise of their powers under this Act:
Provided that any reduction in funds, officers and employees of the Equality
Commission shall require a Resolution to that effect of the Legislative Assembly,
passed by a majority of the total number of members of the Assembly present and
voting,
Provided further that the Equality Commission may seek additional funds from other
sources in order to better fulfil its duties under this Act, without prejudice to the
funding it receives from the Government of Delhi.
(13) The salaries and allowances payable to and the terms and conditions of service of
the officers and other employees appointed under sub-section (12) of this section shall
be such as may be prescribed by the Government of Delhi in consultation with the
Chief Equality Commissioner.
(13) In addition to the employees and officers appointed under sub-section (12) of this
section, the Equality Commission may employ up to ten recent university graduates,
preferably in the social sciences and law, for internships lasting up to a period of two
years.
(14) The Government of Delhi shall make provision for reasonable living and
maintenance costs of any interns employed by the Equality Commission.

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23. Equality Commission: Powers and Duties

(1) The Equality Commission shall, while inquiring into any matter or issuing any
order under this Act, have the same powers as are vested in a civil court under the
Code of Civil Procedure 1908.
(2) The general superintendence, direction and management of the affairs of the
Equality Commission shall vest in the Chief Equality Commissioner who shall be
assisted by the Equality Commissioners and may exercise all such powers and do all
such acts and things which may be exercised or done by the Equality Commission
autonomously, without being subjected to any directions by any other authority,
including any department of the Government of Delhi.
(3) Without prejudice to any specific power or duty specified in this Act, the Equality
Commission shall:
(i) promote understanding of the importance of equality, antidiscrimination and
diversity,
(ii) encourage the formulation and adoption of good practice in relation to equality,
antidiscrimination and diversity,
(iii) promote awareness and understanding of the rights and duties under this Act,
(iv) work towards the elimination of discrimination, harassment, boycott, segregation,
discriminatory violence and victimisation,
(v) promote equality of opportunity, especially for disadvantaged groups,
(vi) encourage diversification and affirmative action,
(vii) investigate complaints with regard to the breach of the diversification duty,
(viii) provide or facilitate the provision of diversity training,
(ix) monitor the enforcement of this Act, and
(x) review the functioning of this Act and make recommendations for its
improvement from time to time.
(4) Towards the enforcement of its duties, and without prejudice to any other power
granted under this Act, the Equality Commission may:
(i) conduct equality impact assessments of the activities or composition of any public
authority or any private person performing a public function,
(ii) investigate any alleged violation of this Act,
(iii) issue a notice of violation to any person following such investigation,
(iii) support aggrieved persons in seeking legal remedies provided under this Act,
(iv) approach any court for the enforcement of this Act,
(v) require any public servant to undergo diversity training,
(vi) facilitate alternative dispute resolution before the institution of or during the
pendency of any legal proceedings, if the aggrieved person freely consents to such
facilitation.
(5) The Equality Commission shall not refuse to act in any matter on the ground that
another institution is acting or has jurisdiction to act in such matter.
(6) The Equality Commission shall submit an annual Equality Report on the operation
of this Act, including the functioning of the Equality Commission and the Equality
Courts, to the Government of Delhi and publish it on its website on the date of such
submission.

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(7) The Equality Commission shall organise an annual seminar, in conjunction with a
law university or the law department of a public university, to discuss its Equality
Report with academics, lawyers, judges, legislators, civil society, media and all
persons mentioned in sub-section (6) of section 22.

F. Civil Enforcement
24. Jurisdiction: Equality Courts and High Court
(1) The Government of Delhi shall, in consultation with the Chief Justice of the High
Court and within sixty days of the enactment of this Act, by notification in the
Official Gazette, designate for each district, one or more District Courts as Equality
Courts for the purposes of this Act:
Provided that if at any time the total number of pending cases under this Act before an
Equality Court exceeds five hundred, the Government of Delhi shall, within sixty
days, require such Equality Court to adjudicate upon these pending cases on all days
of the working week to the exclusion of all other matters,
Provided further that any order issued under the first proviso of this sub-section shall
not be withdrawn as long as there are any cases pending under this Act before that
Equality Court.
(2) The Equality Court shall have original jurisdiction with regard to any breach of
this Actother than the breach of the diversification duty or the due regard duty, or a
breach by a law in forceif, within its local limits,
(i)
the person aggrieved temporarily or permanently resides or carries on
business or is employed, or
(ii)
the respondent temporarily or permanently resides or carries out business
or is employed, or
(iii)
the cause of action has arisen.
(3) The High Court shall have original jurisdiction with regard to any incompatibility
between this Act and any other law in force and with regard to the breach of the due
regard duty.
(4) The reliefs available under this Act may also be sought in any legal proceeding
before any court affecting the parties to such proceedings, in addition to any other
relief that may be sought in such proceedings.
(5) A person subject to any order of the Equality Court or the Equality Commission
may appeal against such order to the High Court within thirty days from the date on
which the order was served upon him or her.
(6) Any order made under this Act by the Equality Commission, an Equality Court or
the High Court shall be enforceable at any place, even if that place is outside the
jurisdiction of the court that made such order.
25. Right to information
(1) B has a right to any information, as defined under section 2 of the Right to
Information Act 2005 and subject to the exemptions prescribed in that Act, in

22

possession of A that may be relevant for the purposes of this Act, including for
bringing any proceedings under this Act.
(2) With respect to persons covered by the Right to Information Act 2005, the
mechanism prescribed under that Act may be used to exercise the right to information
guaranteed under this section.
(3) With respect to any other person, As refusal or failure to provide the information
sought within thirty days of the request shall be a ground for B to complain to the
Equality Commission.
(4) On receipt of such complaint, if the Equality Commission is satisfied that B has
the right to the said information, it shall order A to provide it.
(5) The Equality Commission shall not make any order until it has sought As
response to Bs complaint, and at least one of its legal members has duly considered
any response provided within thirty days of such response being sought.
26. Proof
(1) In any judicial proceeding under this Act, the plaintiff has the burden of
establishing a prima facie breach of any duty under this Act on the balance of
probabilities:
Provided that, unless specifically permitted under this Act, proof of an intentional
reliance on or explicit reference to a protected characteristic by the respondent shall
be sufficient, although not necessary, to establish a prima facie breach;
Provided further that if any information is or is likely to be in the possession of the
respondent or sought from the respondent under section 25, the respondents failure to
produce such information within thirty days from the date the request was made shall
require the court to draw an adverse inference against the respondent, unless, for
reasons to be recorded in writing, the court decides that doing so will cause
substantial injustice.
(2) The respondent has the burden of refuting the prima facie case or of proving that
the prima facie case does not amount to a substantive breach of the duty on balance of
probabilities.
27. Interim Relief
(1) If a prima facie case of the breach of any duty imposed by this Act is made out in
the submissions of the plaintiff, appropriate interim relief that does not cause serious
prejudice to the respondent may be ordered in favour of the plaintiff by the Equality
Court or the High Court.
(2) Interim relief may be granted ex parte if warranted by the circumstances of the
case.
(3) Interim relief may include a protection order of the nature specified in sub-section
(7) of section 30 of this Act.
28. In Camera Proceedings
A court may, on the request of the aggrieved person, give directions to protect the
anonymity of any person and may conduct any proceedings under this Act in camera:
Provided that, at the request of the aggrieved person, up to two persons supporting
him or her shall be permitted to be present during the proceedings.

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29. Separate Criminal Offences

If the same action simultaneously constitutes or could constitute a civil offence under
this Act and a criminal offence under any law, its criminal investigation or
prosecution or the outcome of such investigation or prosecution shall not prejudice
the independent civil proceedings under this Act.

G. Protection Orders
30. Protection Order for Aggravated Discrimination
(1) Without prejudice to the civil jurisdiction of the Equality Court or the High Court
under this Act, an aggrieved person alleging aggravated discrimination, or any other
person acting on behalf of such person, may seek a protection order from the court of
Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may
be, within the local limits of which:
(i)
the person aggrieved temporarily or permanently resides or carries on
business or is employed, or
(ii)
the alleged discriminator temporarily or permanently resides or operates or
carries out business or is employed or is headquartered, or
(iii)
the cause of action has arisen.
(2) The Magistrate shall issue a protection order after being satisfied that the
application made by the aggrieved person or by any other person acting on behalf of
the aggrieved person prima facie provides a reasonable basis to suspect that an act of
aggravated discrimination has been committed, is threatened to be committed, is
likely to be committed, is being committed, or is likely to continue being committed
against such person.
(3) A failure to identify particular persons responsible for the alleged discriminatory
act shall not be a ground for refusing to issue a protection order.
(4) A protection order may be addressed to any identified or unidentified persons and
their formal or informal members, affiliates, volunteers and representatives, as well as
to persons who may have supported, justified, provoked, encouraged or facilitated the
alleged discriminatory act even if they have not committed or threatened to commit it
themselves.
(5) The fact that the case could be pursued, is being pursued, or has been pursued, in
civil proceedings before an Equality Court or the High Court shall not be a ground for
refusing to issue a protection order.
(6) A protection order may be granted ex parte:
Provided that the Magistrate may, for reasons to be recorded in writing, modify or
revoke the order on the application of the addressee of such order if he or she allays
the suspicion that was the basis of the order and shows that the continuing operation
of the order, or a part thereof, shall cause him or her substantial injustice.
(7) A protection order may
(i)
order particular persons (and their formal or informal members,
affiliates, volunteers and representatives) to refrain from:

24

a. committing or encouraging others to commit any acts prohibited

under this Act,
b. communicating in any form with the person aggrieved or any
persons providing support to the person aggrieved,
c. entering the place of residence, education or workplace of or any
other place frequented by the person aggrieved or any persons
providing support to the person aggrieved,
d. committing any other act specified in the protection order;
(ii)
order persons generally, or persons resident or operating in a particular
geographical area, to refrain from:
a. committing or encouraging others to commit any acts prohibited
under this Act against members of the protected group to which the
aggrieved person belongs or against anyone else,
b. committing any other act specified in the protection order;
(iii)
order the state, or any agency of the state, to protect, generally or
through specific directions such as quashing any complaints against
them or providing safe accommodation, the safety and security of the
aggrieved persons body, property and rights, including the rights
against discrimination guaranteed under this Act, and the safety and
security of any persons providing support to the person aggrieved:
Provided that the Magistrate shall, after making suitable modifications as may be
necessary in order to protect the anonymity of any person, require any order issued
under clause (ii) of sub-section (7) of this section, or a part thereof, to be published
immediately in at least two widely read local newspapers of two different languages,
and the date of such publication shall be deemed to be the date of service of such
order.
(8) A protection order shall remain in force until the Magistrate is satisfied, on the
application of either party, that there is a change in circumstances requiring
modification or revocation of such order, when for reasons to be recorded in writing,
any appropriate modification or revocation may be made.
(9) Save as otherwise provided in this section, all proceedings under this section and
under section 31 shall be governed by the Code of Criminal Procedure 1973.
(10) An appeal shall lie to the Court of Session within thirty days from the date on
which the protection order is served on the aggrieved person or the addressee of the
protection order, whichever is later.
(11) A protection order issued under this section shall be enforceable at any place,
even if that place is outside the jurisdiction of the Magistrate who issued it.

31. Breach of a Protection Order

(1) A breach of a protection order issued under this section shall be punishable with
imprisonment of either description for a term that may extend to one year, or with fine
which may extend up to the annual salary of the President of India at the time the
sentence is imposed, or with both.

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(2) The offence under sub-section (1) of this section shall be tried, as far as is
practicable, by the Magistrate who had passed the protection order, the breach of
which is alleged to have been caused by the accused.
(3) The offence under sub-section (1) of this section shall be cognizable and nonbailable.

H. Miscellaneous
32. Existing Rights Unaffected
Nothing in this Act shall reduce or take away any right, interest or privilege that an
aggrieved person has or may have under any other law.

33. Rule-making Power

The Government of Delhi may, by notification in the Official Gazette, make rules to
specify matters of detail and operation with the objective of achieving the purposes of
this Act:
Provided that such rules shall not be in conflict with the spirit or the letter of the
provisions of this Act,
Provided further that any rules sought to be issued under this Act after the
establishment of the Equality Commission shall be framed in consultation with that
Commission,
Provided further that no notification may be issued under this Section until the draft
rules have been considered by a standing committee of the Legislative Assembly and
thereafter placed before the Legislative Assembly for a period of thirty days, during
which time the Legislative Assembly may reject or amend the draft rules.

Schedule
(Exceptions to the Antidiscrimination Duty under section 12, sub-section 4)
1. Provision for a same-sex service provider for personally intimate services, such as
nursing or personal hygiene.
2. Requirement of a same-sex tenant for a shared dwelling where the landlord and the
tenant share a kitchen, bathroom, living room, or bedroom.
3. Restriction of food menus to certain cuisines, to the exclusion of other food
preferences.
4. Political boycott of any government, organisation or company, or a representative
of such government, organisation or company.
5. Restriction of membership of an association, whose primary objective is to
facilitate social interaction between members of a protected group, to persons
belonging to that protected group.
6. Discrimination in relation to religion by a place of religious worship, with respect
to activities that are essentially religious.

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7. Measures designed to protect or benefit children.

8. Provision for a retirement age for employees who are sixty years of age or older.
9. An act amounting to segregation under sub-section (1) of section 9 by a parent in
relation to his or her child who under the age of sixteen:
Provided that this exemption does not extend to any act that amounts to segregation
under sub-section (2) of section 9.

27