Senior Law Specialist
Legal Consultant Law
Co-author
Introduction
In this article we discuss briefly about five vulnerable groups namely women, children, elderly people, disabled people and tribal groups. There is no standard definition of vulnerable groups per se. But the UN uses ‘vulnerable groups’ broadly for populations at risk of discrimination, exclusion, and/ or harm. So, lets consider that – vulnerable groups are those individuals or communities that, due to physical, social, economic, or political factors, are at a higher risk of being excluded, discriminated against, or adversely affected by external events or policies.
It is very necessary to protect the interests of, especially the vulnerable group of people who have been under constant struggles, face every day challenges and have been neglected for a longer time frame. The purview of laws has always been to protect the marginalized and the vulnerable groups. Also, the institutionalization of procedures followed is with a view to simplify the laws so that the vulnerable can access it. Over a great period, a certain section of the society had always been suffering from oppression and exploitation of all kinds. The malady of such social disparities crippled the underprivileged and downtrodden classes so intensely that they became economically disabled for generations after generations. The Constitution of India, through various laws and provisions, aims at eliminating disparities between different sections of the society and providing equality of status and opportunity to all.
This article discusses vulnerable groups and the issues that they face along with how the paradigm shift in laws have brought about a shift in their current State.
1.0 Women and Children
The evolution of women’s rights in India has been journey that’s a kind of its own marked by resilience and progress. Ancient times had enlightened women and during times of invasions and prolonged slavery, they got marginalized in numerous ways. Over the years various women have strived for gender equality and justice which lead to social, legal and political fields in their individual capacities. But, on scale. in contemporary times, they got recognized and empowered proportionally by rights as given to them under the Indian legal system.
India too has a range of provisions and laws ingrained in a comprehensive legal regime and policy framework to protect the rights and interests of the children. Aspects including safety, security, education, nutrition in a just and fair environment that is desirable for all children at home, school or any other place, with a growing mind and body are the underlying objectives of those frameworks.
1.1 Transformation under the Bharatiya Nyaya Sanhita (BNS) for Women and Children
The Bharatiya Nyaya Sanhita (BNS) 2023 marks a paradigm shift in India’s approach to protecting women and children from criminal offences. Moving from provisions of the Indian Penal Code (IPC), the BNS introduces a consolidated and contemporary framework that addresses emerging digital-age crimes, procedural inefficiencies, and gaps in victim protection. Together with the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new law aims to build a victim-centric criminal justice system, ensuring faster trials, improved conviction rates, and greater procedural transparency.
1.2 Structural Reorganisation and Consolidation
A defining reform under the BNS is the structural consolidation of offences against women and children into a single, comprehensive chapter – Chapter V: ‘Offences Against Woman and Child.’ This represents a fundamental departure from the IPC’s fragmented structure, where related provisions were dispersed across multiple chapters, often complicating investigation, prosecution, and data collection. Similarly, child-related offences were scattered across provisions dealing with prenatal and perinatal crimes (Sections 312-318), exposure and concealment (Sections 317- 318), and kidnapping or abduction (Sections 361-369), along with overlaps in provisions relating to women’s protection.
By unifying these provisions under Chapter V, the BNS creates a coherent legal framework that enhances accessibility for law enforcement, simplifies charge drafting, and enables the development of specialized expertise among investigating officers and prosecutors. This consolidation also facilitates better data analytics and policy formulation, as offences against women and children can now be tracked, analysed, and addressed within a single, integrated system.
It is very necessary to protect the interests of, especially the vulnerable group of people who have been under constant struggles, face every day challenges and have been neglected for a longer time frame. The purview of laws has always been to protect the marginalized and the vulnerable groups. Also, the institutionalization of procedures followed is with a view to simplify the laws so that the vulnerable can access it
1.3 Digital Age Adaptations and Technological Integration
1.3.1 Addressing Cyber Crimes Against Women and Children
BNS provisions on stalking and voyeurism explicitly accommodate online conduct, recognising the digital transformation of criminal behavior. The stalking provisions now clearly cover repeated online monitoring and contact, while voyeurism sections address digital capture and nonconsensual sharing of private acts, effectively covering scenarios like cyberstalking and revenge pornography.
The Explanation 2 to BNS Section 77 (voyeurism) specifically clarifies liability for non-consensual dissemination even when initial capture was consensual, closing a significant loophole from the IPC era that often left victims of non-consensual intimate image sharing without adequate legal recourse.
Recent data indicates an alarming 32% rise in cyber crimes against children from 2021 to 2022, with over 19,000 cases reported in 2022, predominantly involving online sexual exploitation and abuse. The BNS framework, combined with POCSO and IT Act provisions, creates a more comprehensive response to these digital-age threats.
1.3.2 Procedural Technological Enhancements
The BNSS introduces revolutionary technological measures that particularly benefit women and child victims. The Zero FIR provision allows complaints to be filed at any police station, removing jurisdictional barriers that previously created obstacles for victims seeking immediate help. Electronic FIR (e-FIR) facilities enable victims to report crimes digitally, maintaining confidentiality and preserving evidence while reducing the trauma of physical reporting processes.
Mandatory audio-video recording of victim statements, particularly for sexual assault cases, ensures accurate documentation while reducing the need for repeated testimony. The provision requiring women police officers to record statements of sexual assault victims, with audio-video recording capabilities including mobile phones, represents a significant advancement in victim-sensitive procedures.
The role of judiciary in recognizing and safeguarding women’s rights cannot be overstated, as landmark judgements have paved the way for progress. However, the journey is far from over. Legal reforms alone cannot dismantle deeply rooted patriarchal norms and societal barriers, the effective implementation of laws, greater awareness of rights, and a shift in public attitudes are equally essential to truly empower women. Through the principles of justice, liberty and fraternity, we can work tighter to build a more inclusive and equitable India, where women’s rights are not just a dream but a reality for all.
2. Elderly Care in India – Abuse, Laws, Policies, and Recommendations
India’s population over 60 years has grown from 8.6% in 2011 to 10.1% in 2021, and is projected to reach 13.1% by 2031, and 20% by 2050. Fertility rates have fallen below replacement levels, and life expectancy exceeds 70 years. These shifts strain family support systems and increase economic dependency ratios.
2.1 Patterns of Elder Abuse
The National Crime Records Bureau reported 27,886 offences against senior citizens in 2023, a slight decline from 28,545 in 2022. Emotional abuse affects 11.1% of seniors, verbal abuse 6.9%, financial exploitation 4.2%, and physical violence 3.3%. Sons and daughters-in-law are primary perpetrators in 35% and 21% of cases, respectively.
2.2 Legal Frameworks and Policies
Articles 14, 15, and 21 guarantee equality, non-discrimination, and the right to life with dignity, underpinning elder rights. The Act Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPS) mandates maintenance obligations for children and relatives, establishes tribunals for expeditious resolution, and criminalizes abandonment. Section 4 allows application for maintenance; Section 7 requires disposal within 90 days; Section 19 mandates old age homes; Section 23 invalidates property transfers accompanied by breach of maintenance promises.
2.3 Institutional Mechanisms and Challenges
Maintenance tribunals exist in 24 states and 6 union territories, yet only 23.8% of cases are resolved within the statutory 90-day period. Limited awareness of rights and benefits, resource constraints, and inconsistent state implementation impede effective recourse.
i. Policy Measures and Welfare Schemes:
Key schemes include IGNOAPS pensions, Pradhan Mantri Vaya Vandana Yojana, and Ayushman Bharat health coverage for seniors. The National Policy on Older Persons (1999, revised 2011) outlines vision for social security, healthcare, and housing, though coverage gaps persist. However, there are certain recommendations that may be considered to make the legal system more responsive to the practical strictures:
● Legislative Enhancements: Enact the 2019 amendment to the MWPSC Act to remove maintenance caps, clarify definitions of ‘relative’ and ‘home-care services,’ and regulate care homes.
● Tribunal Strengthening: Allocate dedicated funding, judicial training, and digital case management systems to ensure timely maintenance orders.
● Awareness and Outreach: Launch nationwide campaigns to inform seniors and caregivers about legal rights, welfare schemes, and grievance redressal channels.
● Integrated Digital Platforms: Develop a one-stop portal linking elder service providers, tribunals, and social security schemes.
● Enhanced Criminal Protections: Codify nonconsensual sharing of seniors’ images under voyeurism laws; mandate forensic investigation for serious elder abuse cases under BNSS.
● Financial Safeguards: Introduce default escrow mechanisms for senior finances, expand insurance coverage, and strengthen anti-fraud regulations.
3. Disabled Persons
India is undergoing simultaneous transformations in law and technology. The RPwD Act, 2016 replaced a welfare-oriented framework with a rights-based regime, expanding recognized disabilities from seven to twenty-one and embedding reasonable accommodation. In parallel, the new criminal codes restructure offences, procedure, and evidence to leverage electronic processes. These shifts create real opportunities for inclusion, yet services and platforms often launch without accessibility – by-design. The result is a persistent implementation gap between legal guarantees and the day-to-day experiences of persons with disabilities.
The evolution of women’s rights in India has been journey that’s a kind of its own marked by resilience and progress. Ancient times had enlightened women and during times of invasions and prolonged slavery, they got marginalized in numerous ways. Over the years various women have strived for gender equality and justice which lead to social, legal and political fields in their individual capacities. But, on scale. in contemporary times, they got recognized and empowered proportionally by rights as given to them under the Indian legal system
3.1 Constitutional and Judicial Foundations
Indian courts have read accessibility and dignified participation into Articles 14 and 21 of the Constitution, grounding disability inclusion in equality and the right to life with dignity. Recent directions by the Supreme Court have affirmed that inaccessible digital processes – for example, electronic KYC – can exclude persons with disabilities and must be accompanied by accessible alternatives, nodal officers for grievance redressal, and effective oversight. This jurisprudence reframes accessibility as a constitutional obligation, not a discretionary policy choice.
3.2 Implementation Gap: Structure, Capacity, and Design
Despite clear statutory duties, accessibility is still too often treated as a retrofit. Compliance mechanisms rely more on general obligations than on enforced milestones with consequences for non‑compliance. Institutional capacity – auditors, testers, trained developers, and assistive technology support – lags the scale of platforms involved. Budgets for accessibility and assistive technology are fragmented, and user testing with persons across disability profiles is not consistently mandated before digital services go live. These systemic issues explain why platforms may technically exist but remain practically out of reach for many disabled users.
3.3 Digital India and Accessible India
Official estimates place India’s disabled population at over two crore persons; survey-based estimates vary depending on definitions and methodologies and often indicate higher prevalence. Digital skills remain limited for a large share of the population, which disproportionately affects persons with disabilities. Closing this gap requires accessible digital‑literacy programs, assistive‑technology access, and sustained support rather than one‑time trainings.
To convert strong law into lived inclusion, accessibility must be designed-in. Government procurement should require universal design, not optional add‑ons. Accessibility audits with public reporting and remediation timelines should be mandatory for essential services in healthcare, education, justice, and finance. Institutions should implement user testing with persons across disability profiles before launch and after major updates, and publish accessibility conformance statements. Alternative authentication and communication methods must be standard, so biometric or camera‑based checks never become exclusionary gates. A dedicated accessibility oversight function with auditing and enforcement powers would help convert statutory duties into predictable compliance.
4. Tribal Communities
The transition from colonial-era legal frameworks to modern Indian legislation, culminating in the recent enactment of the Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023, has significantly impacted India’s tribal communities. While these reforms aim to modernize the justice system and incorporate digital technologies, they present both opportunities and challenges for tribal populations who constitute approximately 8.6% of India’s population across 705 recognized tribes.
The digitalization of legal processes, while improving accessibility and efficiency in urban areas, has created new barriers for tribal communities who face digital divides, language barriers, and limited technological infrastructure. This research note examines the transformation of legal frameworks affecting tribal rights, the impact of digitalization on tribal access to justice, and the implications for tribal governance and customary law systems.
4.1 Transformation of Legal Frameworks
The colonial legal system often marginalized tribal communities, treating them as ‘primitive’ and subjecting them to assimilationist policies. Post-independence, the Indian Constitution provided specific protections under the Fifth and Sixth Schedules, recognizing tribal autonomy and customary law systems. Article 342 empowered the President to specify Scheduled Tribes, while Articles 244(1) and 244(2) established special administrative arrangements for tribal areas.
The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) marked a significant shift by recognizing tribal self-governance and customary law systems. PESA acknowledged that gram sabhas in tribal areas have the authority to safeguard community resources, resolve disputes according to traditional methods, and maintain cultural practices.
4.2 Modern Legal Reforms and Tribal Impact:
The Forest Rights Act, 2006 represented a paradigm shift from colonial forest laws that displaced tribal communities to recognizing their traditional forest rights. The Act acknowledges both individual and community forest rights, providing legal backing to tribal claims over ancestral lands.
The new criminal law codes (BNS, BNSS, BSA) introduce several changes affecting tribal communities:
i. Procedural Improvements: BNSS mandates forensic investigation for serious offenses, which could improve evidence quality in crimes against tribal communities. However, this requires technological infrastructure that may be lacking in remote tribal areas.
ii. Language Provisions: While the new laws emphasize local language usage, implementation in tribal languages remains challenging given the diversity of tribal dialects and limited translation resources.
iii. Community Service: BNS introduces community service as punishment, which aligns with traditional tribal justice systems focused on restoration rather than retribution.
iv. Techno-Infra Integration: The digitalization of legal processes creates tension between formal legal systems and traditional tribal governance. Customary law systems rely on community elders, oral traditions, and consensus-based decision-making, which may not align with digital case management systems.
Electronic filing requirements and digital evidence standards may not accommodate traditional forms of proof such as oral testimony from community elders or ritualistic practices that establish facts in tribal legal systems.
Tribal areas often lack basic digital infrastructure including reliable internet connectivity, electricity, and mobile network coverage. According to various studies, internet penetration in tribal areas remains significantly lower than national averages, creating barriers to accessing digitalized legal services.
The digital divide is particularly pronounced in:
- Remote hill tribes in northeastern states.
- Forest-dwelling communities in central India.
- Island tribal populations in Andaman and Nicobar.
v. Digital Evidence: The new criminal codes’ emphasis on digital evidence and electronic procedures creates both opportunities and challenges owing to the cultural sensitivities. Therefore, legal technology systems should incorporate tribal languages and cultural practices. This includes developing user interfaces in tribal languages, accommodating oral testimony traditions, and respecting community decision-making processes.
4.3 Impact on Tribal Governance and Customary Law
Digital platforms could potentially strengthen tribal governance by:
i. Creating databases of customary laws and practices.
ii. Facilitating communication between tribal councils and government authorities.
iii. Documenting traditional knowledge and land rights.
iv. Enabling remote participation in legal proceedings.
However, these benefits require culturally sensitive design and implementation with meaningful tribal community participation.
Another specific area of impact is the ‘Land Rights and Forest Laws.’ Digitalization of land records through initiatives like Digital India Land Records Modernization affects tribal communities’ ability to establish traditional land rights. While digital records could provide better security, the process of digitizing customary land holdings faces challenges.
The integration of digital technology into legal and welfare systems presents both opportunities and challenges for tribal communities in India. On the positive side, digitalization allows for better documentation of crimes against tribal populations and enables faster processing of cases through digital case management systems. Remote hearing capabilities have also eased the travel burden for individuals from geographically isolated regions, improving access to justice. However, these advancements come with challenges – digital evidence may not adequately capture the cultural context of tribal disputes, and language barriers often make digital complaint filing difficult. Moreover, limited access to digital legal aid services further restricts the ability of tribal communities to seek redress. Combining digital and traditional approaches can bridge the gap between modern legal systems and tribal customs. This might include digital documentation of customary laws, remote connectivity for traditional councils, and culturally appropriate dispute resolution mechanisms.
In the sphere of social welfare and scheme implementation, digital delivery mechanisms have transformed the way government schemes reach tribal beneficiaries. The benefits include reduced intermediation and corruption, improved tracking of implementation, and efficient direct benefit transfers to individuals. Yet, these systems also risk excluding vulnerable groups. Documentation requirements and biometric authentication failures in remote areas often prevent eligible beneficiaries from accessing welfare schemes. Additionally, the digital literacy required to navigate online systems creates another barrier. Therefore, inclusive legal and policy reforms are essential to ensure that digital transformation truly empowers tribal communities rather than deepening existing inequities.
Training programs for tribal communities, legal professionals, and government officials on the intersection of digital technology and tribal rights can improve implementation effectiveness.
Protection of tribal data sovereignty: Specific provisions in digital legal frameworks should address tribal community needs, including recognition of customary practices and knowledge. The legal processes should address and protect tribal data sovereignty.
Conclusion
The transformation of legal frameworks from time to time along with modern digitalized systems presents complex challenges and opportunities for India’s marginal communities. While legal reforms have progressively recognized their rights, integration and autonomy, digitalization risks creating new forms of exclusion if not implemented with cultural sensitivity and adequate infrastructure support.
Success in bridging this divide requires coordinated efforts across legal reform, technology policy, and focused development initiatives. The goal should be creating inclusive digital legal systems that enhance, rather than, undermine specific communities’ access to justice while respecting their special needs.
Future research should focus on developing culturally appropriate digital solutions, measuring the actual impact of legal digitalization on vulnerable communities, and creating frameworks not only for their meaningful participation in legal technology design and implementation but also enabling them to protect themselves against frauds and exploitation.
The challenge lies in ensuring that India’s digitalized legal transformation serves all communities equitably, recognizing that one-size-fits-all approaches may inadvertently marginalize certain already vulnerable populations who have distinct physical, assistive and technological needs.
