Abstract
India’s unorganised sector employs over 93% of the workforce, with women constitut- ing approximately 31% (149.9 million in 2011). These women face systemic challenges, including wage discrimination, lack of social security, unsafe working conditions, and limited legal protections. This paper critically examines the legal framework governing women workers, evaluates implementation gaps, and analyzes socio-economic and cul- tural barriers to gender equality. Using a mixed-method approach—doctrinal analysis of laws, empirical data from case studies, and statistical insights from the Periodic Labour Force Survey (PLFS) 2019–20—the study focuses on sectors like agriculture, domestic work, and construction. It proposes comprehensive strategies, including legal reforms, skill development, social security expansion, and grassroots empowerment. The find- ings highlight the need for gender-sensitive policies and robust enforcement to uplift women workers’ socio-economic status, aligning with India’s Sustainable Development Goal (SDG 5) commitments.
Keywords: Women Workers, Unorganised Sector, India, Gender Equality, Labor Rights, Social Security, Wage Discrimination, Empowerment, Legal Reform
Introduction
India’s unorganised sector, encompassing agriculture, construction, domestic work, and small-scale industries, employs approximately 437 million workers, of which 149.9 million are women (31%).1 Despite constitutional guarantees under Articles 14 (equality), 16 (non-discrimination), and 39(d) (equal pay), women workers face persistent challenges,
1Tiwari, R., & Tiwari, S. (2016). Women Employment in Unorganised Sector in India: An Empirical Analysis. Journal of Rural Development, 35(4), 645–664. https://nirdprojms.in/index.php/jrd/ article/view/150094
including low wages, job insecurity, health hazards, and exploitation.2 The informal nature of their work renders their contributions invisible, perpetuating gender inequality.
This paper analyzes the legal rights of women workers in India’s unorganised sector, identifies enforcement gaps, and proposes strategies for empowerment. It addresses: (1) What legal protections exist for women workers? (2) What barriers hinder effective implementation? (3) How can policy and grassroots initiatives uplift their status?
Background
The unorganised sector, defined as enterprises with fewer than ten workers lacking for- mal registration or social security, accounts for 93% of India’s workforce.3 Women are disproportionately represented, with 96% of female workers engaged in informal employ- ment compared to 91% of men.4 Rural women dominate agriculture (73% of rural female workforce), while urban women work in domestic services and handicrafts.5 The female labor force participation rate (FLFP) is 22.8%, significantly lower than the male rate of 57.1%, reflecting gendered occupational segregation.6
Globalisation has expanded job opportunities but increased insecurity through contract- based work, while technological advancements, such as mechanized farming, have dis- placed women from traditional roles.7 Patriarchal norms, limited education, and care giving responsibilities further exacerbate women’s vulnerability.8
2Jalisatgi, A. M. (2022). Plight of the Women Workers in Unorganized Sector—A Growing Challenge. In Gender Equity: Challenges and Opportunities (pp. 83–94). Springer. https://doi.org/10.1007/ 978- 981-19-0460-8_8
3Report of the National Commission on Labour (2002). Ministry of Labour, Government of India.
4Singh, D. (2021). Plight of Women Workers in the Unorganised Sector. International Journal of Law Management & Humanities, 4(3), 2733–2790. https://doij.org/10.10000/IJLMH.11653
5Government of India. (2020). Periodic Labour Force Survey 2019–20. Ministry of Statistics &
Programme Implementation. https://mospi.gov.in 6Government of India. (2020).
7Popli, U. K. (2008). Globalisation and Feminisation of Trafficking: Causes, Consequences and Strategies. Social Science Gazetteer, July–December, 239.
8Singh et al., 2023
Research Methodology
This study employs a mixed-method approach:
- Doctrinal Analysis: Examines constitutional provisions, labor laws (e.g., Unor- ganised Workers’ Social Security Act, 2008), and judicial precedents.
- Empirical Analysis: Utilizes data from PLFS 2019–20, Census 2011, and case studies from agriculture, domestic work, and construction.
- Statistical Analysis: Applies correlation analysis to explore relationships between female work participation rate (WPR), literacy, and per capita income.9
- Qualitative Insights: Incorporates reports from the National Commission for Enterprises in the Unorganised Sector (NCEUS) and organizations like SEWA.
Limitations include reliance on secondary data due to constraints in primary fieldwork. Data triangulation ensures a comprehensive analysis.
Literature Review
The literature highlights the precarious status of women workers in India’s unorganised sector. Tiwari and Tiwari (2016) note that 65% of employed women work in agricul- ture, compared to 50% of men, reflecting gendered occupational patterns.10 Singh (2021) reports that women earn 77% of men’s wages, driven by perceptions of women as sec- ondary breadwinners.11 Jalisatgi (2022) emphasizes that 96% of women workers lack social security, exacerbating their vulnerability.12
Saran and Sandhewar (1990) document health hazards faced by women in brick kilns and mines, while Saxena (2009) critiques the limited coverage of the Unorganised Workers’
9Tiwari, R., & Tiwari, S. (2016). 10Tiwari, R., & Tiwari, S. (2016). 11Singh, D. (2021).
12Jalisatgi, A. M. (2022).
Social Security Act, 2008.13 Globally, UN Women (2015) notes that 80% of women in South Asia’s informal sector lack labor protections.14 The IMF (2015) links low FLFP to legal barriers, such as restrictions on property rights.15 SEWA’s empowerment model demonstrates the efficacy of unionization, though scalability remains a challenge.16 Re- cent studies (Singh et al., 2023) highlight the impact of new labor codes on informal workers, noting their failure to address gender-specific vulnerabilities.17
Legal Framework
The Indian Constitution provides:
- Article 14: Equality before the law.
- Article 16: Non-discrimination in employment.
- Article 39(d): Equal pay for equal work.
- Article 42: Just and humane working conditions and maternity relief.
- Minimum Wages Act, 1948: Sets minimum wages, but enforcement is weak.18
- Equal Remuneration Act, 1976: Ensures equal pay, yet wage gaps persist.
13Saran, A. B., & Sandhewar, A. N. (1990). Problems of Women Workers in Unorganised Sector: Brick Kilns, Quarries and Mines of Bihar and West Bengal. Northern Book Centre.; Saxena, K. B. (2009). The Unorganized Sector Workers Social Security Act, 2000: A Commentary. Social Change, 39(2), 201–291.
14UN Women. (2015). Progress of the World’s Women 2015–2016. United Nations. https://www.
15IMF. (2015). Women Workers in India. IMF Working Papers, 2015(055). https://www.elibrary. imf.org
16Das, R., & Roy, A. (2023). Women Empowerment through Self-Help Groups and Technology in
India. Journal of Management and Research, 10(1), 1–10. 17Singh et al., 2023
18Legal Service India. (n.d.). Women Rights Under Indian Labour Laws: A Socio-Economic Study. https://www.legalserviceindia.com
- Unorganised Workers’ Social Security Act, 2008: Offers health insurance and maternity benefits, but covers less than 10% of workers.19
- Sexual Harassment of Women at Workplace Act, 2013: Addresses harass- ment, but awareness is low in informal settings.
- Maternity Benefit Act, 1961: Provides maternity benefits, but excludes most informal workers.20
Judicial precedents, such as People’s Union for Democratic Rights v. Union of India (1982), affirm that paying below minimum wages violates Article 23.21 In Bandhua Mukti Morcha v. Union of India (1984), the Supreme Court emphasized the right to health and dignity for informal workers.22
1.1 Challenges Faced by Women Workers
Women face multifaceted challenges:
- Wage Discrimination: Women earn 77% of men’s wages, with agricultural work- ers earning 150–200/day compared to 250–300 for men.23
- Lack of Social Security: 96% of women lack pensions or health insurance.24
- Health and Safety Risks: Beedi workers face respiratory issues, and construction workers are exposed to hazardous materials.25
- Sexual Harassment: 60% of women in informal workplaces report harassment.26
20LexisNexis India. (2024). Empowering Women: Understanding Laws for Women in India. https:
21People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473. 22Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.
25Bagchi, A. (2022). An Analysis of the Working Condition and Health Hazards among Women Beedi Workers in India. In Gender Equity: Challenges and Opportunities. Springer.
26Posted by @nytimes, 14 Oct 2020.
- Invisibility of Work: Home-based work (e.g., papad-making) is often unpaid.27
- Limited Bargaining Power: Lack of unionization restricts negotiation capabili- ties.28
1.2 Sector-Specific Challenges
1.2.1 Agriculture
Women constitute 73% of the rural agricultural workforce, performing tasks like sowing and weeding.29 Mechanization has reduced jobs, with a 30% income drop reported in Punjab (2015–18).30 Case Study: In Bihar, women agricultural workers face wage dis- crimination ( 180/day vs. 250/day for men) and lack access to MGNREGA benefits.31
1.2.2 Domestic Work
Domestic workers face long hours (10–12 daily), low wages ( 2,000–5,000/month), and no contracts.32 Case Study: In Delhi, a 2019 survey found 70% of domestic workers lacked maternity benefits.33 Harassment is prevalent, with limited recourse.34
1.2.3 Construction
Construction employs 12% of women workers, who face wage disparities ( 200/day vs. 350/day for men) and hazardous conditions.35 Case Study: In Mumbai, women workers reported frequent injuries without compensation.36 The Building and Other Construction Workers Act, 1996, mandates welfare, but implementation is poor.37
29Tiwari, R., & Tiwari, S. (2016). 30Government of India. (2020).
31Sinha, G. K. (2020). Women in Unorganised Sector: Issues and Challenges. ABS Books.
32Singh, V. (2002). Female Domestic Workers: A Case of Violated Human Rights. Legal News and Views, 16(1), 14–17.
33NCEUS. (2009). The Challenge of Employment in India. https://www.nceus.gov.in
34Banik, M. (2020). The Present Scenario of Domestic Working Women in India. In Women in Unorganised Sector. ABS Books.
35Government of India. (2020).
37KnowLaw. (2022). Women in the Informal and Unorganised Sector. https://knowlaw.in
1.2.4 Beedi and Home-Based Work
Beedi workers face health risks from tobacco dust, and home-based workers (e.g., weaving) are often unpaid.38 Case Study: In Varanasi, women beedi workers earn 50–100/day, with no health benefits.39
1.3 Statistical Insights
A correlation analysis by Tiwari and Tiwari (2016) shows a negative relationship between female WPR and literacy rate, suggesting women join the workforce during economic distress.40 PLFS 2019–20 data indicates:
- Rural women’s WPR: 36% (vs. 22% urban).
- Women in agriculture: 65% (vs. 50% men).
- Wage gap: Women earn 70–85% of men’s hourly rates in informal sectors.41
1.4 Impact of New Labor Codes
The 2020 labor codes (e.g., Code on Wages, 2019; Code on Social Security, 2020) aim to consolidate labor laws but fail to address informal workers’ needs. The threshold for retrenchment approvals increased from 100 to 300 workers, weakening protections for
informal women workers.42 The codes also neglect gender-specific provisions, such as childcare facilities.43
39Gupta, N. (2020). A Situational Analysis of Women Domestic Workers in Varanasi City. In Women in Unorganised Sector. ABS Books.
40Tiwari, R., & Tiwari, S. (2016).
41National Statistical Office. (2022). Annual Report 2021–22. https://mospi.gov.in 42Singh et al., 2023
43Singh et al., 2023
2 Strategies for Uplifting Women’s Status
- Legal Reforms: Establish labor tribunals for the unorganised sector and amend the Unorganised Workers’ Social Security Act, 2008, for universal coverage.44
- Skill Development: Expand Skill India Mission to include women-specific train- ing in IT, healthcare, and renewable energy. SEWA’s Gujarat programs increased incomes by 25% (2018–20).45
- Social Security Expansion: Extend Janani Suraksha Yojana and Pradhan Mantri Matru Vandana Yojana to all informal workers.46
- Legal Literacy: Launch mobile-based campaigns to educate women about labor rights.47
- Unionisation: Scale SEWA’s model, which empowered 2.1 million women by 2020.48
- Technology Access: Provide subsidized digital literacy programs to enable e- commerce participation.49
- Gender-Sensitive Policies: Mandate creche facilities and flexible hours at work- sites.50
- Health and Safety Measures: Enforce safety standards in construction and beedi
industries, with regular inspections.51
45Das, R., & Roy, A. (2023).
46Government of India. (2006). Janani Suraksha Yojana: Guidelines for Implementation. https:
49Government of India. (2011). India Human Development Report. https://niti.gov.in
50Trivedi, B. (2020). Policies and Programmes for Women in Unorganized Sector in India. In Women in Unorganised Sector. ABS Books.
3 Conclusion
Women workers in India’s unorganised sector are vital yet marginalized, facing wage dis- crimination, lack of social security, and unsafe conditions. Despite a robust constitutional and legal framework, implementation gaps and socio-cultural barriers hinder progress. Sector-specific challenges in agriculture, domestic work, construction, and beedi-making, compounded by technological disruptions, necessitate urgent reforms. By strengthening legal enforcement, expanding social security, promoting skill development, and foster- ing grassroots empowerment, India can enhance women’s socio-economic status, aligning with SDG 5 (Gender Equality).
Author-Anshul Chahuhan
Mail-321anshulchauhan@gmail.com
No-7669206356
Enrollment No- A61011120032
BALLB(H)
Amity University Madhya Pradesh, Gwalior