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