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Overview of Women Rights in the Workplace in India

Research paper

CONTENT

ABSTRACT

KEYWORDS

INTRODUCTION

OBJECTIVE

RESEARCH METHODOLOGY

ANCIENT, MEDIEVAL AND MODERN PERIOD

LAWS FOR WOMEN IN WORKPLACE IN INDIA

  1. Rights Under the Constitution of India
  2. The Mines Act, 1952
  3. The Maternity Benefit Act, 1961
  4. The Equal Remuneration Act, 1976
  5. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

IMPORTANT CASES

  1. Vishaka v. the state of Rajasthan
  2. Shanta Kumar v. Council of Scientific and Industrial Research (CSIR)

            CONCLUSION

            REFERENCE

OVERVIEW OF WOMEN RIGHTS IN THE WORKPLACE IN INDIA

ABSTRACT 

Women in India had to face many obstacles to get the position where they are today in the workplaces. The journey from understanding their potential and fighting for their place to the time now when they are leading many institutions and have proved themselves in different fields. Initiation of educating women from all the part of society was mainly during pre-independence to make the mass more aware regarding what is going around us. Even among the one who were educating women from different class and caste were the women who were educated. Social reforms helped us to change the mindset of ordinary mass of the country. Even Indian Constitution has given women various rights, but still women feel unsafe and had to think before moving from one place to other, traveling via public transport and joining or opting a certain job or career etc. This paper tries to draw a picture of changing circumstances of women in the workplace since ancient India and steps taken to change the situation of women in the present time especially at work place. And also tries to make suggestions about how to improve the working environment for women. This paper is totally based on secondary sources.

KEYWORDS

Rights, Social Reforms, Maternity Leave, Equality, Women Rights, Constitution

INTRODUCTION

“To awaken the people it is the woman who must be awakened, once she is on the move, the family moves, the village moves, the nation moves.”

 Women are an integral part of our society and they play various roles of wife, mother and daughter since time immemorial and have also shown their potential in other aspects and areas of society if given the chance. We cannot ignore women’s contribution to our society. Today women are doing great in every field. India being the largest democracy that believes in the principle of social justice. However, things were not the same in the past; although there was equality in those days, things changed through time. As a result, and even now, women still have to struggle for their fundamental rights, such as paid maternity leave, access to abortion, and equal pay, among other things. Due to the patriarchal nature of the society women have to face many discriminations and are not accepted easily in almost every field, being women in this society is itself a struggle.

“According to the 2011 census, the total number of female workers is 149.8M from which 121.8 M were Rural and 28 M were Urban.  Within which 35.9 M females are working cultivators, 61.5 M are agricultural laborers, 8.5 M are in household industry and 43.7 M are classified as workers.”[1]  We can see in these statues that a large number of women are actually working for their livelihood but most of them are working for small wage and low post jobs, the one from the rural areas mostly works in different industries or household just to maintain their basic need of daily life. And the ones from urban areas are comparable low from rural ones. Usually, Indian women are mostly preferred to work on household work, as the patriarchy system is not affected as the men want to dominate the domain outside the house. In spite of the difficult societal bondage there are women who have come out, rigorously worked according to their will and even have proved themselves in the society by achieving the peak in their domain. Many women have shown that not only the man but even women can perform if given the opportunity. Slowly the position of women is changing both in society and the workplace as the number of women working are increasing. Private sector is slightly better in this matter than the government sector. However, they are not yet in the top positions, and we still have a long way to go before we can eliminate differences and attain workplace equality.

OBJECTIVE

The objective of this paper is to understand the situation of women in workplace science in ancient times, what are the new changes in recent times and the new laws introduced by the Indian government in the workplace and its impact.

RESEARCH METHODOLOGY

This paper is based on secondary resources, like government reports and journals, various books related to the topic, research papers and articles. Also, analysis of the cases and judgment of the Supreme Court and High Courts, and material from constitutional articles and Acts have been used for in depth legal research.

Ancient, Medieval and Modern Period

Women were revered and even regarded as deities in ancient India. They formerly had equal prestige with men, enjoyed independence, and were treated with respect. However, throughout the Rig Vedic period, males had greater privileges or control over religious events, while the role of the woman was a respected one in the home. At a mature age, women had the freedom to pick their own spouses. As evidenced by sacred texts like the Mahabharata and the Ramayana, the idea of Swayam Var was widely accepted in the culture at the time. In the community, the usual relationship between men and women increasingly changed as the Brahminical system gained significance and son yearning also grew. Women were mostly employed during this time period in tasks including dyeing, needlework, and basket manufacturing. With time, women’s status in society and the home was becoming more and more inferior. At this time, the caste system was at its height, and it was socially unacceptable for male and female members of different castes to marry. The gap between men and women was quite small at first throughout this time period, but it steadily grew.

Due to the invasion of the outside world during the medieval era, women’s social lives underwent significant change and had to deal with significant differences between men and women. Women were now viewed as the property of their husbands and were completely reliant on them. Due to the Muslim invasion, women had to be protected from other men, which led to further issues for women in society. During this time, society was first exposed to a number of societal ills. Women’s roles in social activities were quite limited and they weren’t even permitted to participate up to this point. They were mostly satisfied with doing housework and were mentioned in domestic matters. They were not taught how to work outside the home, and the little schooling they received took place within the home. Only the girls of upper-class families were often competent to assess education. Social ills including Sati, Jauhar, Child marriage, and laws prohibiting widows from getting remarried were on the rise during this period. Very few women were employed during this time period, but those that worked primarily in the home and other settings, including farms and occupations like weaving and spinning. Women were primarily employed as domestic workers and artisans at the time because slavery was practiced there. Most of them were underpaid, and if they did receive compensation, it might not be enough to buy the basic edible item too[2]. During this time, courtesans in the Delhi Court taught young girls Persian and Hindi music, and in spite of several obstacles, women like Razia were nevertheless able to hold the position of Sultan. These were the signs of the advancement of women’s positions and rights in society.[3] The transformation during the Mughal era in India is evident when we put together names like Gulbandan Begum, Nur Jahan, Chand Bibi, and Tara Bai who were able to represent their presence in the community by exhibiting outstanding qualities that women did not often display. At Agra and Fatehpur Sikri, women were also employed in labor-intensive occupations like building construction. However, at this time, women were placed in the lowest social strata, which was extremely disheartening for women and upsetting for upper-class women.

In the modern period women have basically recognized their potential and even initiated their story towards the change, the process was already begun in the Mughal period but after the British came in India it has sped up rapidly. As we know that the British were far more civilized, their lifestyle and the revolution took far more before then us. So, the position of women was also better in their native places. When they came to India, they tried to educate people initially for their own benefit but, after learning English, people were able to understand the western ideologies, which slightly started to bring change in the mindset of the upper-class women as they were more into the reach of education. Then they tried to convey it to the lower-class women, mainly during the freedom movement. Due to the understanding of various aspects of life now women were able to distinguish between what comes under their ambit and what not and how they can change their situation for themselves. During this period protests against different social evils began and law against many of them were also enacted in the society. “During this period reformers, like Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar have supported women and also radical reformers like Jyotiba Phule understood the importance of the education of women for the advancement of the future generation.”[4] Since women’s rights, such as the ability to vote, equality, and access to education, were already guaranteed by our Constitution at the time of the independence struggle, we have not had any further movements for these rights. At this time the position of women was taking a positive dive all because of the awareness that education had given to women.

 LAWS FOR WOMEN AT WORKPLACE IN INDIA

With time there are various laws introduced in India, which are related to the workplace and within which few are specially for women. These laws were introduced with the need of time. Whenever we come to the situation that there is a need for laws which can protect women and maintain peace in society, we have come with them. It is a continuous process where laws are introduced and same laws are amended with changing situations as per need. There are some laws related to women in general and the workplace.

Rights Under the Constitution of India

The Indian constitution covers almost every aspect of social, political and legal affairs. There are various rights given in the Indian Constitution for women. Fundamental Rights given in part III of the Indian Constitution mainly deals with overall development of an individual. Article (Art) 14[5] focuses on achieving gender equality for men and women in the areas of political, economic, and social life. In essence, it forbids class-based regulation while allowing fair classification. Women are given equal legal protection from all offenses against women under this rule. It closes the gap between gender inequality and female injustice. It closes the gap between gender inequality and female injustice. Art. 15[6] stipulates that the state shall not discriminate against any of its citizens on the basis of their race, religion, caste, sex, or place of birth. However, this article also permits governments to implement specific positive measures that benefit women. Art. 16[7] Every Indian citizen is guaranteed equal work possibilities, as well as marriage-related rights and permission from both sexes. Art. 23[8] In essence, it argues that everyone has the freedom to work and select their place of employment and that gender equality must be upheld in all spheres, including employment, work, and remuneration. The maintenance or introduction of policies that provide for unique benefits in favor of the underrepresented sex is not prohibited by the equality principle. also, outlaws forced labor and human trafficking.Art. 39[9] It guarantees and orders the state to implement policies that emphasize that men and women have an equal right to basic means of subsistence and that equal compensation for equal effort. Additionally, it combats a number of prejudices that hold women to be less capable and strong than males. Art. 42[10] It mandates that states establish provisions for providing fair and compassionate working conditions, maternity assistance, and it was for this reason that the Maternity Benefit Act, 1961, was passed. Art. 243[11] Each Panchayat and Municipalities should reserve one-third of the total number of seats to be filled by direct election for female candidates, this is an attempt to improve the position of women in village areas. These are some rights given to women under the Indian constitution. And there are a few laws that grant women at work basic rights in places like offices, fields, mines, and other industries and construction sites.

The Mines Act, 1952[12] It outlines safety precautions for workers using shafts, opencast workings, conveyors, aerial ropeways, etc. when working in coal, metal, ferrous, and oil mines. “Section 20 provides separate latrines and urinals for female employees, while Section 46(1)(b) prohibits women from working in any mine below ground or above ground, save between the hours of 6 a.m. and 7 p.m.“ Additionally, it states that any woman working above ground in a mine must be given a break of at least 11 hours between the end of the day’s labor and the start of the next day.

The Maternity Benefit Act, 1961[13] This statute provides several benefits to theambitious mother who also enjoys her work and does not want to start over after her pregnancy. It offers women with 26 weeks of paid maternity leave, as well as one month of paid leave for illness caused by pregnancy or miscarriage, as well as a medical bonus of certain amount is to be given if the employer provides pre-natal and post-natal treatment. If the employee provides proof of delivery, the payment is made 48 hours in advance, and the employee dies without a legal heir, the maternity benefit will be paid to a designated beneficiary. No establishment may recruit you for six weeks following delivery, miscarriage, or medical termination of pregnancy under this Act. While you are on maternity leave, you cannot be fired by anybody. This act removes the fear of losing their jobs because of pregnancy.

The Equal Remuneration Act, 1976[14] It aids in closing the gap between the disparity in pay experienced by our country’s women.Article 39 of the Indian Constitution allows you to make a claim for equal pay. Employers must pay both men and women equally for the same job. Employers are also prohibited from discriminating against women throughout the recruiting process except certain places. To eliminate prejudice against women and treat both genders equally and fairly, equal pay is given to men and women. The Central Industrial Relations Machinery (CIRM) was responsible for enforcing this law. Section 4&5 of this act mentions equal pay or wages for both male and female in equal position.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013[15] Women’s rights to equality, life, and liberty are all considered to have been violated by sexual harassment in the workplace. It encourages an unstable and hostile work environment that dissuades women from working, which has an impact on their socioeconomic empowerment and the goal of comprehensive growth.  The Act defines sexual harassment as unwanted actions or behavior, including physical contact, advances, requests for sexual favors, statements with sexual overtones, pornographic displays, and any other unwanted sexual behavior that is physical, verbal, or nonverbal. Any unwanted sexual behavior will be regarded as sexual harassment. The Internal Complaint Committee (ICC) should be established in complete conformity with the criteria under law.  The committee may attempt to resolve the issue by conciliation between the complainant and the respondent after receiving the complaint; if a resolution is reached, no further inquiry is done. The committee will continue the investigation if the conciliation is unsuccessful or the respondent does not follow any of the settlement terms. If there is a strong cause for filing a complaint against a domestic worker under 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 the complaint. Even though the Act went into effect in 2013, there is still a lack of knowledge about the effects of sexual harassment and how to report it. In addition to fostering an atmosphere where women can voice their complaints without fear and get justice, sensitizing males to how women are treated at work is also essential for the efficient implementation of the POSH Act.

IMPORTANT CASES

Vishaka v. The State of Rajasthan[16]

Bhanwari Devi, a Dalit government official in this instance, ran campaigns against dowry and child marriage as well as cleanliness awareness initiatives. She is assisting a young woman whose parents pressured her into an early marriage as part of her employment. She attempted to prevent the marriage from taking place and organized a demonstration, but she was unsuccessful. A gang of individuals assaulted Bhanwari Devi when she and her husband were strolling along the road as retaliation for the protests. The victim was gang-raped by these men. She then files a lawsuit accusing these men of rape. Nevertheless, she received no attention from the police or any law enforcement officers. The Rajasthan High Court found the five men guilty of assault, a crime that carries a penalty that is much less severe than rape.

Numerous groups working to protect women’s safety and members of the public staged protests and marches in response to the Rajasthan High Court’s decision. This compelled Bhawani Devi to receive justice from the government and the court system. That came after the Vishaka v. State of Rajasthan case, which led to the creation of the Vishaka Guidelines. These guidelines state the description of sexual harassment, create a safer environment at workplace, there should be a complaint handling committee and employer must lodge a complaint also help the victim, awareness regarding this should be raised and government should expand the reach of the guidelines.
Shanta Kumar v. Council of Scientific and Industrial Research (CSIR)[17]

Here the petitioner first filed a complaint to the ICC about the fact that she was in the laboratory and the 3rd respondent entered and stopped all the machines and pushed her out of the laboratory and locked it, even using inappropriate language. The committee investigate the matter and found that the nature of the complaint was not sexual but administrative and managerial. Then a writ petition was filed before the Delhi High Court by Shanta Kumar challenging the proceedings of the ICC.

The Delhi High Court in this case, held that any physical contact would amount to sexual harassment provided it is made in the context of sexually oriented behavior. It was further observed that an unwelcomed touch, if accidental would not amount to sexual harassment. This is an important judgement as it clarified the meaning of the term “sexual harassment”. It may also serve as a deterrent to people who file false charges just to annoy or intimidate the accused.

CONCLUSION

The patriarchy that existed in medieval culture is deeply established, much like caste systems. Women’s bodies, movements, and economic and legal rights were severely restricted. Compared to the ancient and medieval eras, the current situation is quite different since people are more open and educated. In the majority of situations, women who leave the house to work are supported by their husbands. Women nowadays are aware of the societal vision of them and are capable to protect themselves and reply or react with the same strength.  If not, the person reading this has to alter their perspective, get over their fear, gather power to fight against whatever has gone wrong with them, or get ready for the circumstance that will come up. Create a mental defense system for yourself to keep yourself safe. The laws for women are numerous, but none of them matter if women are willing to put up with anything they go through. Nobody can intervene to improve their situation or support them until they speak out, thus we must fight against anything that we find objectionable. Each person has a personal limit on how open they can be, and we all need to be aware of this. We must demand the things we are due, which may include privacy, respect, pay, and honor, etc. Within a predetermined time frame, awareness must be spread in this respect. In order for us to all strive to overcome these obstacles and for the government to take appropriate action, women in particular need to stand up and describe the difficulties they face in the modern world. We won’t be able to advance in this sector further unless we cooperate. Despite the fact that there are different laws in the society, women still have to overcome barriers before entering the workforce and still have to dispel the stereotype that women are helpless, dependent on protection, and incapable of defending themselves. Why do women only need protection? Why do people ask women about their whereabouts? Why is it necessary to have laws protecting women at work? The day these issues are resolved will signal women’s full freedom.

Submitted by Ishika Chetry
II Sem, B.A.LL. B (Hons), NLUJA, Assam

REFERENCE

  1. Census 2011
  2. HABIB, MEDIEVAL INDIA: THE STUDY OF A CIVILISATION
  3. A.S. Altekar, The Position of Women in Hindu Civilization
  4. Dr. Arundhati Bhattacharyya, Mediterranean Journal of Social Sciences, MCSER Publishing, Rome-Italy, Vol 6 NO. 4 S2, July,2015
  5. Art 14
  6. Art 16
  7. Art 17
  8. Art 23
  9. Art 39
  10. Art 42
  11. Art 243
  12. Mines Act, 1952, $4&5, No. 35, Act of Parliament, 1952(India)
  13. Maternity Benefit Act, 1961, $5,7,9&12, No.53, Act of Parliament,1961(India)
  14. The Equal Remuneration Act,1976, $ 4&5, No.25, Act of Parliament, 1976(India)
  15. Sexual Harassment of Women at Workplace Act, 2013, $3,4&7, No. 14, Act of Parliament,2013(India)
  16. Vishaka v. The State of Rajasthan, AIR 1997 SC 3011
  17. Shanta Kumar v. Council of Scientific and Industrial Research, AIR 2018 (156) W.P.(C) 8149/2010

[1] Census 2011

[2] . HABIB, MEDIEVAL INDIA: THE STUDY OF A CIVILISATION

[3]   A.S. Altekar, The Position of Women in Hindu Civilization

[4]  Dr. Arundhati Bhattacharyya, Mediterranean Journal of Social Sciences, MCSER Publishing, Rome-Italy, Vol 6 NO. 4 S2, July,2015

[5] Art 14, Under the Indian Constitution

[6] Art 16, Under the Indian Constitution

[7] Art 17, Under the Indian Constitution

[8] Art 23, Under the Indian Constitution

[9] Art 39, Under the Indian Constitution

[10] Art 42, Under the Indian Constitution

[11] Art 243, Under the Indian Constitution

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

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

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

[15] The Sexual Harassment of Women at Workplace Act, 2013, $3,4,6,&9, No.14, Act of Parliament, 2013(India)

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

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