Review of Women Rights at Workplace in India

Name- Vishi Sharma
Course and Year- B.A.LLB 3rd Year
Institute: Chandigarh Law College, Jhanjeri, Mohali

ABSTRACT

Women in India have come a long way from the time where the birth of a girl child was a matter of shame for the parents to a time when women have initiated their self-help groups, have their own business and are actively working in workplaces. Women have time and again proved that they can do everything a man can do. In the medieval period, it was believed that women were nothing more than marriage material, due to this there was an increasing birth rate and high mortality rate both in women and babies. Social reforms in modern history have helped women to receive an important status in society. Men like Raja Rammohan Roy, Iswar Chandra Vidyasagar, Swami Vivekanand, Swami Dayananda Saraswati and more also took active part in social reforms. Even the Indian Constitution has provided women various rights to lead a prosperous life, but still according to the UN Women Supported Survey in Delhi, nearly 73 per cent of women said that they do not feel safe in their own surroundings, and reported feeling unsafe all the time1. They have to think before moving from one place to another, travelling via public transport and joining or opting for a certain job or career etc. This paper aims at providing an overview of the significance of women’s rights particularly at the workplace and the steps taken or identifying the key challenges in changing the situation of women in the present time. Also, tries to make suggestions on how to improve the working environment for women. This paper is totally based on secondary sources.

KEYWORDS

Social Reforms, Women’s Rights at the workplace, Equality, Constitution

1 UN Women supported survey in Delhi shows 95 per cent of women and girls feel unsafe in public spaces – Office of the Secretary-General’s Envoy on Youth.

INTRODUCTION

“Each time a woman stands up for herself, she stands for all women” well said by Maya Angelou.
Women have played a very crucial part in paving the path for our society and country and have to play various roles as wives, mothers and daughters every day. There is no limit to what women can accomplish. From that period of history to the present day she has done so many wonders that our society will never be indebted. It is rightly said by Rabindranath Tagore that- “women is the builder and moulder of the destiny of a nation. Though delicate and soft as the lily, she has a heart far stronger and bolder than the man. She will be able to handle both her house and professional life at the same time because she is said to be a good manager i.e., those qualities are inbreeding in her. Women are Shraddha, the Grihalakshmi, the honour and fortune of home. Even in Indian Mythology women are considered divine and pure. Divinities like Saraswati (the goddess of learning), Parvati (the Goddess of Power), and Lakshmi (the Goddess of Wealth) are worshipped all over the country3, but the harsh reality is, even in ancient times women were treated as doormats and still in the 21st century the condition is not at par. A woman’s life career is usually decided and controlled by her father, then her husband and later her son. She has never been on her own establishing an identity and putting a stamp on her own4. They are said to be soft targets and are unsafe everywhere at home, at school, at the workplace, etc5. In this male-dominated society, women have been the victims of violence and exploitation. Before 2005, women had no share in their parent’s properties, they never enjoyed their right to vote and there was absolutely no freedom to choose their jobs and so on. The concept of economy and women’s empowerment in India interdepend on each other. To gain control over their own life, they have participated in economic development for many decades as forced labourers and are paid very less. Also, various laws exist, but women are afraid to seek remedies through law enforcing agencies. It is necessary for every women to be aware of their rights, the right to vote, property rights, freedom of movement, and legal rights. Slowly the position of women in society and the workplace is changing as the number of women working is increasing.

2 By Michelle Obama.
3 By Richa Kumar, ‘An Overview of Women Rights in the workplace in India, 3.1 JCLJ (2022) 1962 (published on 31 October,2022) < http://www.scconline.com/DocumentLink/8yXk00zy > accessed on 22 June, 2024. 4By Mohd. Ashraf and Sajid Hamid, ‘violence against women in India: Challenges and Remedies, 24 ALJ (2016-17) 57 < http://scconine.com/DocumentLink/hnu061mn > accessed on 22 June, 2024 5Richa kumar (n4)

OBJECTIVE

The objective of this paper is to understand the changes in the situation of women in the workplace from ancient to modern times, the amendments in previous laws and the introduction of new laws by the Indian Government particularly for women in the workplace.

LITERATURE REVIEW

According to the latest World Bank figures of 2021, formally fewer than 1 in 5 women work in India (though most work in India is informal- agricultural or domestic work- which often doesn’t get counted), that’s lower than Pakistan’s female labour rate6. According to census 20117 ,the total number of female workers is 149.8M from which 121.8M were Rural and 28M were Urban. Within which 35.9M females are working cultivators, 65.1M are agricultural labourers, 8.5M are in household industry and 43.7M are classified as workers. It is derived from these figures that a large number of women are actually working for their livelihood but most of them are working for small wages and low post jobs, those from the rural areas mostly work in different industries or households just to afford the basic needs of life.

Swami Vivekananda once said that no society can progress with men alone. In such a society there can only be arrested or stunted development. When women are neglected and they are denied economic and social opportunities for growth and development, there could be only stagnation in their lives8. Recognizing the significance of women’s rights in the workplace is crucial for promoting gender equality and creating a more inclusive and progressive society in India. Overall, the existing literature indicates the need for significant improvements in women’s rights and opportunities in the workplace in India. The low participation of women in formal employment, coupled with the prevalence of low-wage and low-status jobs, highlights the challenges that women face in accessing equal opportunities and achieving economic empowerment. Efforts to address these issues and promote women’s rights at the

6 <
https://www.npr.prg/sections/goatandsoda/2023/01/04/1146953384/whi-women-in-inida-are-dropping-out-the-w orkforce-even-as-the-economy-grows >
7Census 2011
8A time to empower women, Indian police journal, vol. LIV, July-sept 2007, p-51.

workplace are essential for fostering gender equality and driving social and economic progress in India. “It is a sad reflection that in a country where women are becoming more progressive, rape, dowry and female foeticide continue”- INDIA TODAY9

RESEARCH METHODOLOGY

This research paper’s methodology is primarily descriptive in nature. The research is based on various secondary sources like newspapers, books, journals, articles and some websites. This article tries to understand the various challenges that a woman in India faces at Work. the paper concludes with recommendations to ensure that women have equal rights in a safe and secure working environment.

LAWS FOR WOMEN AT WORKPLACE IN INDIA

The Government of India with time has introduced various laws related to women at the workplace. Women don’t ask for special privileges or treatment, all they ask for is equal opportunities, equal encouragement and appreciation when it comes to work10. We belong to a society that has given women a label to be the weaker sex, working women in India have to face difficult paths to make a place of their own in their workplaces.
Women’s rights in the workplace in India have been progressively addressed and protected through various legislative measures and judicial interventions. Here is an overview of the key aspects related to women’s rights in the workplace in India:

Rights under the Constitution of India

The constitution of India guarantees the citizens of India some basic freedoms in the form of six categories of fundamental rights. Fundamental rights are given in part III of article 12-35 which mainly deals with the overall development of an individual. It also provides exclusive rights to women for their protection and development.

9 < https://www.indiatoday.in/magazine/08-05-2006 >
10 By Shivam27, ‘Overview of women’s rights in the workplace in India,
<https://www.legalservice.com/legal/article-77205-overview-of-women-s-rights-in-the-workplace-in-indi a.html > accessed on 22 June, 2024.

Right to Equality, “How wrong is it for a woman to expect the man to build the world she wants, rather than to create for herself?” -Anais Nin. Women are the companions of men, gifted with equal mental capacities. She has the right to participate in the minutest details of the activities of man, and she has an equal right to freedom and liberty with him11 . There is discrimination against women in the workplace mostly on the gender pay gap. Equal pay for equal work is a human right, but women are frequently denied a fair and equal wage. According to recent data, women currently earn roughly 77% of what men earn for comparable work. This prevents women from fully exercising their independence and increases their chances of falling into poverty later in life. but in today’s time, this scenario has changed. For example, the BCCI also makes the women’s Indian Cricket team salary equal to men’s cricket team. This presents the change in society and the change in human nature about women12. Article 14 of the Indian Constitution ensures the right to equality, which prohibits discrimination on the grounds of sex. Article 15, prohibits discrimination against any citizen on the basis of caste, colour, gender, etc. This article also permits the government to implement some positive measures that will benefit women. Article 16, focuses on equal opportunity in public employment for both men and women. Article 23, deals with the prohibition of immoral trafficking of women and children. This article argues that everyone has the freedom to work and select their place of employment and that gender equality must be of the essence in all spheres, including employment, work and remuneration. Article 39, states that all citizens irrespective of their gender shall equally have the right to adequate means of livelihood, and their health and strength of work shall not be abused or manipulated. Article 42, imposes a duty on the central and state governments to ensure maternity benefits for female workers so that they can take a leave from work while in labour, without worrying about losing their job. The Maternity Benefit Act, of 1961, was made in consonance with the provisions of Article 42. These were some rights provided to women under the Constitution. The Indian Government has passed several laws and implemented policies to improve the condition of women in their workplace.

The Equal Remuneration Act, of 1976, this act came into force primarily to treat women in a fair and just manner, in order to avoid discrimination against women. Before this act, the Minimum Wages Act, of 1948 was introduced mainly to provide minimum wages which was

11 By Sakshi Tewari, ‘A New World: Criminal Law Amendment Act 2013; Will it Ensure Safety for Women in India?, (2014) 4 GJLDP (July) 1’ < http://www.scconline.com/DocumentLink/C6J4g1hu >, accessed on 22 june, 2024.
12 By Iti Anubhuti (n3).

fixed by the Government under the act to women for their work because every person who works must be paid for his or her work. Whereas the Equal Remuneration Act, of 1976 focuses on providing remuneration to both men and women on a uniform basis.i.e., equal pay for equal work. Under this Act, an advisory committee is formed in every organisation, consisting of 10 members, half of which are women and the committee shall focus on providing advice for increasing the employment opportunities for women, hours of work, nature of work and such other matters.
The Factories Act, 1948, governs workplace safety and welfare provisions for women in India. Through this act some reasonable provisions were made by the Government for women working in factories like clean workplaces, adequate ventilation, proper lighting, accessible drinking water, separate washrooms with doors, creche facilities, one day off a week must be provided by an employer of a factory having more than 30 women. Non-compliance may result in penalties, fines or even closure of the organisation. This act has been proposed to be amended to allow night shifts for women workers. Section 7A of the act directs the employer to ensure the safety, welfare and health of all workers while at work.
The Maternity Benefit Act, 1961, under this act women whether married or unmarried are entitled to maternity benefits during and after pregnancy. Working women are entitled for paid maternity leave for 26 weeks. Also, a woman is entitled to 45 days leave with full wages in case of miscarriage. A woman can refuse to do work which is physically tiring and involves long standing hours, carrying heavy loads or any work which can endanger the proper growth of a child. An employer cannot make a woman do any heavy work in the last working month of pregnancy. This act also mandates an employer to provide medical allowances and nurse breaks. In the case of Municipal Corporation of Delhi v. Female workers13 on 8 March 2000 female workers who were not regular but only temporary workers claimed that they were equally entitled to maternity benefits that are available to regular workers. Held- provisions of the Maternity Benefit Act, 1961 clearly stated that every working women whether engaged on a casual basis are entitled to maternity benefits which include maternity leave. So, the court granted maternity leave to those female workers.

13 Municipal Corporation of Delhi v. Female workers (Muster roll) and amr.(2000) SCR 171 https://indiankanoon.org/doc/808569/

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was made effective from Dec 9, 2013, by the Ministry of Women and Child Development, India with the main objective of protecting women from sexual harassment in the workplace and for effective redressal of complaints of sexual harassment. The statute seeks to provide every woman, irrespective of her age or employment status, a safe and secure working environment free from all forms of harassment. Under section 2(a) of this Act, an aggrieved woman is defined as, any woman who claims to be the victim of sexual harassment at the workplace. The Supreme Court of India, in its judgement in Vishakha v. State of Rajathan14, defined sexual harassment as:
–Physical contact and advances
–Demand or request for sexual favours
–Making sexually coloured remarks
–showing pornography
–Any other unwelcome physical, verbal and non-verbal conduct of a sexual nature. The Complaint Committee, an important feature of the act is that it focuses on setting up grievance redressal forums for both organised and unorganised sectors. There are two types of committees, Internal and Local Complaint Committee. Internal Complaint Committee, this Act requires an employer to set up an internal complaints committee (ICC) at each office or branch of an organisation employing 10 or more employees to hear and redress grievances related to sexual harassment. ICC constitutes a woman presiding officer and not less than 2 members from amongst the employees and external members are NGOs and any association committed to the cause of women. In the Local Complaint Committee, at the district level, the government is required to set up a local complaints committee (LCC) to redress complaints of sexual harassment from unorganised sectors or from establishments where the ICC has not been set up due to less than 10 employees. However, the complaint mechanism is that the aggrieved woman intending to file a complaint is required to submit three copies of a written complaint with supporting documents to ICC or LCC within 3 months from the date of the incident. The Act also has provision for friends, relatives or co-workers to file a complaint in a situation where the aggrieved woman is unable to file the complaint on account of physical incapacity, mental incapacity or death. The punishments that may be imposed on an employee indulged in an act of sexual harassment are prescribed under the service rules of the organisation. If not, then disciplinary action including written apology, warning,

14 Vishakha & ors v. State of Rajasthan & ors (1997) SC 3011 https://indiankanoon.org/doc/1031794/

reprimand, censure, withholding of promotion and pay rise or increments, terminating the respondent from service. The statute also considers payment of compensation to aggrieved women.

International Instruments on women

Universal Declaration of Human Rights (UDHR) is a document adopted by the United Nations General Assembly (UNGA). Which establishes equal rights and freedom for all members of the human race. It consists of 30 articles detailing an individual’s basic rights and fundamental freedoms which are universally applicable to all human beings of varying gender. Another effort was made by the International Labour Organisation to promote opportunities for women and men so that they obtain decent and productive work in conditions of freedom, equity, security and human dignity15.
In an incident that shook the country, on 16 December 2012, a female physiotherapy intern was beaten and gang raped in Delhi. Thirteen days later despite receiving treatment in India and Singapore, the victim was no longer alive16. The incident led to condemnation by the United Nations Entity for Gender Equality and Empowerment of women, who called on the Government, of India and the Government of Delhi, “to do everything in their power to take up radical reforms, ensure justice and reach out with robust public services to make women’s lives more safe and secure”17.

CONCLUSION

In conclusion, there has been substantial advancement in India for women’s rights at the workplace, yet issues and gaps still exist. To safeguard and advance women in the workplace, there have been a number of social reforms, constitutional clauses, and pieces of particular law. To guarantee safer and more welcoming work conditions for women, these rules must be implemented and enforced effectively.

15 Richa Kumar (n4)
16 IAP condoles death of Delhi gang-rape victim <
http://zeenews.india.com/news/iap-condotes-death-of-delhi-gang-rape-victim_819606.html >, Accessed on 22 June.2024
17 UN Women condemns gang rape of Delhi student, <
http://www.unwomen.org/en/news/stories/2012/12/un-women-condemns-gang-rape-of-delhi-student/ >, accessed on 22 June,2024.

Despite the improvements, women still experience harassment, discrimination, and unequal chances at work. The challenges that women face are highlighted by the low participation of women in formal employment and the prevalence of low-wage and low-status positions. Strive for equal pay for equal effort because the gender pay gap is still a major problem. It is important to note that while these laws exist, their effective implementation and enforcement can vary. Women’s rights and gender equality continue to be areas of ongoing advocacy and activism in India. Efforts are being made to bridge the gap between legislation and ground reality to ensure safer and more inclusive workplaces for women.
Government, employers, and society as a whole must work together in a determined effort to improve the status of women in the workplace. This entails advancing gender equality, offering equal opportunities, and fostering an accepting and welcoming workplace atmosphere. Women’s economic empowerment can also be facilitated by encouraging their educational attainment, professional growth, and business ownership.
Additionally, it is critical to improve systems for observing and upholding women’s rights at work, providing access to justice, and addressing sociocultural norms and biases. Driving meaningful change requires cooperation across all parties, including employers, civil society organisations, government agencies, and women themselves.
Overall, attempts are being made to solve the current issues, and there is a rising understanding of the significance of women’s rights at work in India. India can create a more inclusive and progressive society where women may thrive and contribute to the development of the country by continuing to work for gender equality and women’s empowerment.

BIBLIOGRAPHY

Acts-
1. The Sexual Harassment of Women in Workplace (prevention, prohibition and Redressal) Act,
2013
2. The Constitution of India
3. 3. The Equal Remuneration Act, 1976
4. The Maternity Benefit Act, 1961
Books Referred-
1. Sexual harassment of women at the workplace by HL Kumar & Gaurav Kumar-4th edition,2023
Websites-
1. Zee News, www.zeenews.india.com (last visited on 22 June,2024)
2. India Today, www.indiatoday.in (last visited on 22 June 2024).
3. Census of India 2011, https://www.censusindia.gov.in (last visited on 22 June, 2024)