Article on the Topic: "An Overview of Women’s Rights in the Workplace in India" by Anisha Bhagat




An Overview of Women’s Rights in the Workplace in India

By: Anisha Bhagat

(BBA LL.B (H), 4th semester, Amity University Jharkhand)

 

Introduction

The woman needs to be woken first because once she moves, the family, the community, and the country move as well.

Women play many different roles in contemporary society, including those of mother, wife, and daughter, and have demonstrated their potential in many other facets and spheres of society if they are given the chance. We just can’t disregard what women have done for our culture. Women nowadays are excelling in each and every sector. India, considered as the world's largest democracy, adheres to the idea of social justice. Even if there was equality in those days, things evolved throughout time, thus things weren't the same then. As a result, we can say that even now, women still have to fight for their basic rights, including things like equal pay, access to abortion, and paid maternity leave, among others. Being a woman in this society is a battle in and of itself because of the patriarchal structure of the culture and the numerous forms of discrimination that women must deal with.


Ancient Period Medieval Period and Modern Period

In ancient India, women were venerated and even considered as goddesses. They used to be respected, treated with dignity, and had the same status as males. The role of the woman in the home was valued, although during the Rig Vedic era, men had more rights or influence over religious ceremonies. Women had the opportunity to choose their spouses once they were of marriageable age. The concept of Swayam-Var was generally accepted throughout the culture at the time, as shown by religious works like the Mahabharata and the Ramayana. As the Brahminical system rose in importance and son longing increased, the traditional interaction between men and women in the community changed more and more. During this time, women were mostly employed in jobs like dyeing, embroidery, and basket manufacturing. The status of women in society and the home was deteriorating with time. The caste-system was at its highest peak at this period, and it was considered socially improper for female and male members of different castes to get married. During this time, there was a relatively minor disparity between males and women, but it gradually widened.

Women's social lives underwent tremendous upheaval during the medieval era due to the outside world's invasion and the need to deal with significant gender disparities. Women were now seen as their husband’s property and were totally dependent on them. Women's problems in society grew as a result of the need to protect them from other men during the Muslim invasion. Several socioeconomic evils were first made known to society during this time. Up until this period, women had very limited responsibilities in social events and weren't even allowed to partake. They were mentioned in household concerns and were mainly content with doing housekeeping. The little education they received took occurred in the home, and they were not instructed and educated on how to work outside the home. Only females from wealthy backgrounds were frequently capable of evaluating education. During this time, there were many social problems including Jauhar, child marriage, and laws excluding widows and restrict them from remarriage. There weren't many women working during this time period, but those that did mostly did it at home and in other places like farms and in jobs like weaving and spinning. Due to the existence of slavery during the time, women were largely engaged as domestic help and artisans.

The process had already started during the Mughal era, but it picked up speed after the British arrived in India. Women today have essentially realised their potential and started their own stories of transformation. Because of how much more civilised the British were than we are, their way of life and the revolution occurred far earlier than it did for us. Therefore, women had better status in their own countries. Upon their arrival in India, they attempted to educate the populace for their personal gain, and after learning English, people were able to comprehend westward beliefs, that partially altered the thinking of upper-class ladies because they were more within reach of education.


Laws for Women in Workplace in India

As time goes on, numerous regulations relating to the workplace are introduced in India, of which only a small number are tailored specifically for women. Due to the demands of the time, several laws were introduced. We have always accompanied legislation that can safeguard women and keep society peaceful whenever we have reached that point. Laws are continuously introduced and changed as necessary in response to changing circumstances. There are laws that apply to both working women and women in general.

Rights Under the Constitution of India

Almost all social, political, and legal issues are covered under the Indian constitution. The Indian Constitution grants women various rights. The Indian Constitution's Part III on Fundamental Rights focuses on an individual's overall development. The goal of Article (Art) 14[1] is to achieve gender egalitarianism for both men and women in all spheres of social, political, and economic life. In essence, it permits fair classification but prevents class-based control. Under this law, women are equally protected from any crimes against them. It eliminates the disparity between female injustice and gender inequity. It eliminates the disparity between female injustice and gender inequity.

The state is being prohibited from discriminating against any of its people on the grounds of their race, religion, caste, sex, or place of birth, according to Art. 15[2]. However, this provision also gives governments the option to enact particular advantageous policies that favor women. Art. 16 Every citizen of India is entitled to equal employment opportunities, marriage related rights, and approval from both sexes. Art. 23[3] In essence, it contends that gender egalitarianism must be respected in all domains, including employment, work, and compensation, and that everyone has the right to choose where they work and to choose who they work for. The equality principle does not forbid maintaining or introducing laws that offer special privileges to the underrepresented sex. also forbids human trafficking and forced labor. Art. 39[4] It guarantees the state to enact laws emphasizing that both the men and women have right to the necessities of life, including equal pay for equal work. It also fights against stereotypes that regard women to be weaker and less capable than men. Art. 42[5] The Maternity Benefit Act of 1961 was enacted for this purpose because it requires states to create policies that provide maternity aid and equitable and compassionate working conditions. Art. 243[6] In an effort to advance the status of women in rural regions, each Panchayat and Municipality should set aside 1/3rd of the total seats to be filled for female candidates by direct election. According to the Indian Constitution, women are granted some of the following rights. There are also a few regulations that give women basic rights at work in settings including fields, mines, and other building sites.

The Mines Act, 1952[7]

It describes security and welfare considerations for employees working in metal, coal, oil mines and etc. who use shafts, opencast workings, conveyors, aerial ropeways, etc. While Section 46(1)(b) forbids women from working in any mine, whether above or below ground, except between the hours of 6 a.m. and 7 p.m., Section 20 offers separate restrooms and urinals for female employees. Additionally, it mandates that any woman who is working above the ground in a mine gets a break of minimum 11 hours between the end of her workday and the start of that following day.

The Maternity Benefit Act, 1961[8]

The ambitious woman who enjoys her job and doesn’t want to start over after the pregnancy period is given various advantages by this statute. It provides women a paid maternity leave of 26 weeks and a paid leave of one month for illnesses brought on by pregnancy issues like miscarriage, and a bonus of a specific sum that is to be awarded if the employer pays for prenatal and postnatal care. The maternity benefit will be given to some of the selected beneficiaries if the employee presents evidence of delivery, the payment is submitted in advancement of 48 hours, and the employee passes away without a legal heir. This Act prohibits establishments from hiring you for six weeks after a delivery, or medically assisted pregnancy termination. You cannot be dismissed while you are on maternity leave. The anxiety of losing their jobs due to pregnancy is allayed by this action.

The Equal Remuneration Act, 1976[9]

It contributes to addressing the gender pay gap that affects women in our nation. The Indian Constitution's Article 39 gives you the right to demand equal compensation. For the same position, employers are required to pay men and women equally. Employers are also not allowed to discriminate against women throughout the hiring process, with few exceptions. Equal pay is offered to men and women in order to end discrimination against women and treat both sexes fairly and equally. This law was enforced by the Central Industrial Relations Machinery (CIRM). Equal pay or earnings are mentioned in sections 4 and 5 of this legislation for men and women in positions of equal authority.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013[10]

It is believed that sexual harassment at work violates the rights of women to equal treatment, life, and liberty. It encourages an unstable and unpleasant atmosphere at work that dissuades women from working, resulting in an impact on both the goal of global advancement and their financial empowerment.  Any unwelcome behaviour, including sexually explicit approaches, demands for sexual favours, comments with overtly sexual overtones, pornographic screens, and any unwanted physical, verbal, or unconscious sexual behaviour, is considered sexual harassment under the law. Any inappropriate sexual behaviour will be considered sexual harassment. The Internal Complaint Committee (ICC) must be established in accordance with all applicable laws. The committee may seek to mediate the conflict between the party who complained and the respondent after receiving the complaint; when a resolution prevails, no further inquiry is carried out. The committee will carry out its investigation even if the conciliation is failed or the respondent doesn't follow any of the settlement requirements. If there is cause to act in compliance to Section 509 of the Indian Penal Code or any other applicable provisions of the same Code, the Local Committee (LC) must do so within seven days of receiving an accusation against a domestic worker. Even though the Act went into effect in 2013, there is still a lack of knowledge regarding the consequences of sexual assault and how to report it. For the POSH Act to be administered successfully, it is also essential to create a situation where women may voice their complaints without fear of retaliation or judgement by men.


Important Case Laws

Vishaka v. The State of Rajasthan[11]

In this case, Bhanwari Devi, a Dalit government official, led campaigns against child marriage and dowry as well as attempts to promote wellness. As part of her job, she is helping a young woman whose parents forced her into an early marriage. She planned a demonstration in an effort to stop the marriage from happening, but she was unsuccessful. Bhanwari Devi and her husband were walking along the road when they were attacked by a group of people in revenge for the protests. These males gang-raped the victim. Then, she accuses these individuals of rape in a lawsuit. She did not, however, receive any assistance from the police or any other law enforcement personnel. The five men were convicted guilty of assault by the Rajasthan High Court, which imposes a considerably less severe punishment than rape.

In response to the High Court of Rajasthan ruling, a number of organisations that fight to defend women's safety as well as members of the public organised rallies and marches. Bhawani Devi was compelled to seek justice from the authorities and the legal system as a result of this. The Vishaka v. State of Rajasthan case, which resulted in the development of the Vishaka Guidelines, came after that. These regulations define sexual harassment, make the workplace safer, require employers to file complaints and assist victims, raise public awareness of the issue, and call for the government to extend the scope of the regulations.

Shanta Kumar v. Council of Scientific and Industrial Research (CISR)[12]

In this case, the petitioner first complained to the ICC about what happened when the third respondent entered the laboratory while she was inside, stopped all the machines, pulled her out, and shut the lab while even using profane language. The committee looked into the situation and discovered that the allegation was administrative and managerial in nature rather than sexual. The ICC's proceedings were then contested in a writ suit submitted by Shanta Kumar to the Delhi High Court. In this case, the Delhi High Court ruled that any physical touch would constitute sexual harassment if it occurs in the course of sexually suggestive behaviour. Furthermore, it was noted that an unwanted touch that was unintentional would not constitute sexual harassment. The definition of "sexual harassment" was clarified by this key ruling. It might also act as a deterrent to those who make up accusations to torment or terrorise the accused.


Conclusion

Similar to caste systems, the patriarchy that prevailed in medieval civilization is firmly entrenched. The bodies, motions, and legal and economic rights of women were severely constrained. The current scenario is very different from the ancient and medieval ages since people nowadays are more open and informed. Most of the time, men support their wives when they leave the house to go to work. Today's women are capable of defending themselves and responding or reacting with the same power since they are aware of how society perceives them. 

 



[1] Article 14, The Constitution of India

[2] Article 15, The Constitution of India

[3] Article 23, The Constitution of India

[4] Article 39, The Constitution of India

[5] Article 42, The Constitution of India

[6] Article 243, The Constitution of India

[7] Mines Act, 1952, $4&5, No. 35, Act of Parliament, 1952(India)

[8] Maternity Benefit Act, 1961, $5,7,9&12, No.53, Act of Parliament,1961(India)

[9] The Equal Remuneration Act,1976, $ 4&5, No.25, Act of Parliament, 1976(India)

[10] Sexual Harassment of Women at Workplace Act, 2013, $3,4&7, No. 14, Act of Parliament,2013(India) 

[11] Vishaka v. The State of Rajasthan, AIR 1997 SC 3011

[12] Shanta Kumar v. Council of Scientific and Industrial Research, AIR 2018 (156) W.P.(C) 8149/2010