Rights of Women Labourers in the Indian Legal System: A CRITICAL ANALYSIS

1. ABSTRACT

In India, women make up a significant portion of the labour force, yet few of them receive the same treatment as men, few are protected, and not all are acknowledged. Gender discrimination against those performing "same work or work of a similar nature" is expressly prohibited by the Equal Remuneration Act, 1976. Special regulations for women workers regarding restrooms, changing areas, creches, and working hours are found in the Factories Act of 1948. Among other things, a woman is entitled to 26 weeks of paid maternity leave under the “Maternity Benefit Act of 1961”. For Indian women workers, the protection provided by the “Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013” is also crucial. Although the laws appear to safeguard women workers' rights on the surface, a more thorough evaluation of their efficacy is necessary to take women's concerns into consideration. From the standpoint of women and their rights, this essay provides a feminist examination of the labour laws that impact Indian women workers. The ultimate objective is to tackle the problems that must be fixed in order for female employees to enjoy their rights on an equal basis with those of other labour groups. These are important problems with broad ramifications. According to this study, the Indian legal system protects the rights of women workers in a very progressive manner that keeps up with the times' evolving demands. The actual difficulty that lies ahead, though, is putting these plans into practice in their truest form.

Keywords:

Equality, Indian women, Labour law, and Labour regulation

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2. INTRODUCTION:

Although they make up a significant portion of India's labour force, not all women are acknowledged, few are given the same protections, and few receive the same treatment as men. Gender discrimination against individuals performing "same job or job of a similar nature" is expressly prohibited by the Equal Remuneration Act of 1976. Special provisions for women workers including restrooms, changing areas, creches, and working hours are included in the Factories Act of 1948. Among other things, a woman is entitled to 26 weeks of paid maternity leave under the “Maternity Benefit Act of 1961”. Although the laws appear to protect women workers' rights on the surface, a more thorough evaluation of their efficacy is necessary to take women's concerns into consideration. From the standpoint of women and their rights, this essay provides a feminist examination of the labour laws that impact Indian women workers. The employed research approach combines critical and analytical investigation. The ultimate objective is to tackle the problems that must be fixed in order for female employees to enjoy their rights on an equal basis with male employees. These problems are serious and have broad ramifications. Women make about 40% of the workforce worldwide, per the UN Women and ILO Policy Brief (2012), "Decent Work and Women's Economic Empowerment: Good Policy and Practice." As providers of services, employers, entrepreneurs, and workers, they are all making significant contributions to "social and economic development" in the workforce. Nevertheless, they are more likely to be the ones with lower incomes, work part-time, or work in the unorganised or informal sectors. Overcoming these obstacles is necessary to empower female employees. Studies have demonstrated that this will raise productivity, enhance the welfare of future generations, raise societal standards of living, and boost the country's economy.

3. RIGHTS OF WOMEN UNDER THE CONSTITUTION OF INDIA:

The Indian Constitution ensures several rights for women workers, including equality, non-discrimination, and protection at the workplace. In Fundamental Rights, Article 14 ensures equality before the law so that women enjoy the same legal safeguards as men. Article 15 forbids discrimination on grounds of sex while providing for special provisions by the State in favour of women, which allows for affirmative action. Article 16 ensures public employment on equal opportunity, and gender discrimination is prohibited in government employment and equal treatment in hiring and promotion. The Directive Principles of State Policy (DPSP) further enforces such rights. Article 39 instructs the State to provide equal access to livelihood opportunities for women and men, equal remuneration for equal work, and safeguard the health and strength of workers. It also acts against economic exploitation that drives individuals into inappropriate careers. Article 39A supports equal justice and free legal advice, ensuring access to the judicial system by women workers without costing them a fee. Article 42 directs the State to assure just and humane working conditions as well as maternity relief, accepting the value of maternal health at work. Moreover, under the Fundamental Duties, Article 51A(e) imposes a responsibility on all citizens to forsake practices degrading to women's dignity, ensuring a safe and respectful working environment. All these constitutional provisions together seek to establish a system where women workers are dealt with in a fair, dignified, and equal manner, so that they are empowered and protected in workplaces.

Additionally, the Constitution guarantees women's seats in municipalities and panchayats. Both Houses of Parliament have approved the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, and the President of India has ratified it. Through the Constitution (106th Amendment) Act, 2023, the Bill has been made public. However, following a fresh delimitation process, it will become operative with the upcoming Lok Sabha elections. According to the amendment, women should be granted a one-third of the seats in the Lok Sabha and other state legislatures. The status of female workers and the labour force overall is expected to improve with increased female participation in legislative bodies.

4. THE LEGAL RIGHTS OF WOMEN LABOURERS IN INDIA COMPARED TO NATIONAL AND GLOBAL REALITIES:

In India, there are more than forty labour laws. Four succinct labour law codes established by the Parliament include the laws in these legislations in order to unify them and implement revisions. India's labour law is included in the Concurrent List, or List III, of the Seventh Schedule. As a result, legislation on the topic may be passed by both the Parliament and the State Legislative Assemblies. Although the four labour codes have been ratified and announced, their implementation has not yet taken place since numerous state legislatures have failed to establish the rules required for the Code’s enforcement and implementation. For a number of years, this has been the norm. Given this, it is important to remember that the laws that are currently in effect are the former Acts that are covered here. Any pertinent alterations brought about by the Codes are also covered throughout this debate, given incumbents change in the form of the Codes.

Working women's concerns are specifically addressed in the Indian labour laws. A few pertinent laws are listed below, specifically:

• “The Factories Act, 1948”;

• “The Equal Remuneration Act, 1976”;

• “The Maternity Benefits Act, 1961”;

• “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.

“The Factories Act, 1948”:

“The Factories Act 1948” is a welfare act that provides due workplace conditions for workers in factories on matters of health, safety, welfare, hours of work, holidays, and wages. It governs the employment of children, defining them as children and adolescents depending on age. The health provisions of the Act require cleanliness, disposal of waste, ventilation, temperature regulation, lighting, drinking water, and men's and women's separate sanitation facilities. Welfare provisions include first-aid, canteens, toilets, creches, and men's and women's separate washing and storage facilities. Section 48 prescribes that establishments employing 30 or more women workers shall have creches for children below six years of age, with arrangements for feeding, hygiene, and refreshments.

Working hour laws set boundaries on the number of daily and weekly working hours, night work, and overtime. Section 66 prohibits women from working between 10 PM and 5 AM, although state governments have the option to grant exemptions for occupations such as fish curing. Yet, courts have held some provisions of Section 66 to be unconstitutional under Articles 14 and 15. The Andhra Pradesh High Court (Triveni K.S. case) faulted giving preference to raw materials over women's rights, and the Kerala High Court (Omana Oomen case) held excluding women from certain occupations discriminatory. The Act is vital for the safety, health, and welfare of women workers, providing equitable conditions and curbing dropouts in the workplace. Success relies on factory owners taking responsibility and inspectors implementing enforcement to maintain the spirit of the Act.

Equal Remuneration Act, 1976

Employment non-discrimination is necessary for women to be able to exercise their right to work. “The Equal Remuneration Act, 1976” provided the principle of "same work or work of a similar nature" so that there would be no discrimination based on gender while recruiting, transferring, promoting, or paying wages. The “Code on Wages, 2019” included "experience" as a factor in equal pay. Though the Supreme Court has asserted gender equality in several judgments, the ground reality is starkly different.

As per UN Women, women all over the world earn 23% less than men and receive only 77 cents for each dollar that men receive. In India, the gender pay gap was 34% in 2018 (ILO). The Periodic Labour Force Survey (PLFS) 2020-21 also stated that there was a 7% increase in this gap after the pandemic, as women's wages fell and men's wages increased. The pandemic also exacerbated gender disparities, with women experiencing higher job losses. Gender discrimination in hiring continues because of social attitudes towards women's roles. The Maternity Benefit Act requires 26 weeks of paid maternity leave, which the employer alone has to bear, making women less attractive recruits. There are reports of retrenchment or involuntary resignations prior to maternity leave. Government monetary assistance could reduce this problem.

ILO's 2023 report identifies the motherhood penalty as a central driver of women's falling labour market participation. In 2022, the gender gap in employment participation was 29.2% for the 25-54 age group. For mothers with children aged under six, the gap expanded to 42.6%, showing the considerable employment obstacles faced by women as a result of caregiving responsibilities.

The Maternity Benefits Act, 1961

“The Maternity Benefits Act, 1961”, governs the employment of women prior to and following delivery, providing maternity benefits according to Article 42 of the Indian Constitution. Employers are required to give maternity benefits at the average daily wage for a maximum of 26 weeks, if the woman has worked for not less than 80 days during the last 12 months. Women who have more than two surviving children and adoptive mothers who have infants below three months receive 12 weeks' leave, as well. The Act also allows work-from

home options and two breaks for nursing until the age of 15 months. In line with the “ILO's Maternity Protection Convention (2000)”, the Act protects health, maternity leave, and employment security. Employers tend to avoid hiring or promoting women to avoid financial costs, resulting in indirect discrimination. Open recruitment, promotion, and transfer policies are necessary to avert discrimination.

Employers must help return mothers by organizing nursing breaks, offering creches, and relieving workloads in the first few months. A positive working environment can help minimize the large number of women dropping out of the labour force after maternity, allowing them to balance both motherhood and work responsibilities effectively.

“The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”:

“The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013” (POSH Act) came into effect after the decision of the Supreme Court in the case of “Vishaka v. State of Rajasthan”, arising from a case of gang-rape of a lady social worker. Hitherto, no legislation on sexual harassment in workplaces existed. The Vishaka Guidelines formed the basis of the POSH Act, which ensures a secure workplace for women in accordance with “Articles 14, 15, and 21 of the Indian Constitution and CEDAW”. The Act establishes sexual harassment, encompassing offers of special treatment, threats of termination, interference with work, and creating a hostile work environment.

It covers all industries public, private, unorganized, hospitals, sports institutes, and even domestic workers. Employers are required to establish an Internal Complaints Committee (ICC) for redressal, comprising senior female officers, committed members, and an NGO representative. In establishments with fewer than ten employees or if the employer is accused, a Local Committee at the district level handles complaints. Aggrieved women can file written complaints, and committees may attempt conciliation before an inquiry. Where grievances relate to housemaids, allegations can be registered with the police under IPC Section 509. In spite of its forward-looking character, there are problems of implementation. Women are intimidated by retaliation, confidentiality violations, and workplace discrimination. ICCs can be poor in expertise and are shy of acting against high-ranking officials. The Supreme Court in Initiatives for Inclusion Foundation v. Union of India highlighted the key role of the District Officer in making enforcement effective. The states need to see that these posts are always manned and officers trained.

One major development is Section 75 of the Bhartiya Nyaya Sanhita, 2023, criminalizing sexual harassment outside the workplace, providing an additional legal recourse. Effective enforcement, awareness campaigns, and robust institutional mechanisms are essential to making workplaces safe and dignified for women.

5. GOALS AND SCHEMES FOR GENDER EUALITY AND WOMEN’S EMPOWERMENT: GLOBAL AND NATIONAL:

i. Gender Equality (Sustainable Development Goals):

Gender equality is acknowledged in the United Nations Sustainable Development Goals. Goal recognises that achieving gender equality is our best opportunity to confront and resolve some of the most important issues of our day. It also recognises the need of appreciating the unpaid care and household labour that women provide.

ii. ILO Declaration on Fundamental Principles and Rights at Work:

It says, among other things, that it is crucial to protect and uphold the fundamental rights and ideals at work in order to preserve the connection between social advancement and economic success. It allows the workers to freely demand their just portion of the wealth they have worked so hard to create, based on equal opportunity.

iii. Government of India, Ministry of Labour and Employment, Grant in Aid on Women Labour:

This program operates through nonprofit organisations that get grants in aid to administer help to women through activities such as offering working women legal assistance and holding seminars, workshops, and awareness campaigns. Additionally, they receive funds for "action-oriented projects" that promote the wellbeing of female workers.

iv. Sakhi Niwas (Working Women Hostel Scheme):

The Indian government implemented this program to give "working women" access to safe, easily accessible hostels with amenities like child care. Both urban and rural communities now have access to these facilities.

v. Pradhan Mantri Matru Vandana Yojana (PMMVY):

PMMVY is a "Conditional Cash Transfer Scheme" that is centrally supported. All expectant moms and nursing mothers who work regularly for the federal government, state governments, public sector enterprises (PSUs), or who currently get comparable benefits under any law are eligible. The family's eldest surviving child is eligible for this.

vi. Mission Shakti (Integrated Women Empowerment Programme):

"Sambal" for women's protection and security and "Samarthya" for women's empowerment are the two primary pillars of this project. According to Mission Shakti, it is a mission-based program that strives to "strengthen interventions for women safety, security, and empowerment." Women's economic empowerment would also mean that they could exercise their right to free will in a setting free from abuse and threats. By encouraging skill development, capacity building, financial literacy, and expanding access to microcredit, among other things, it seeks to increase women's labour force participation.

vii. Hub for Empowerment of Women (HEW):

Under the auspices of the "Samarthya" sub-scheme of Mission Shakti of the Government of India, HEW was created with the goal of bringing together several schemes at the inter-sectoral level and assisting working women in reaching their full potential.

Equal access to healthcare, topnotch education, career and vocational training and counselling, financial inclusion, social security, entrepreneurship, and digital literacy are all included in this. HEW is designed to "guide, link, and hand hold women to various institutional and schematic set-up for their empowerment and development."

viii. Mahila Shakti Kendra (MSK):

With the help of inter-sectoral convergence of programs and activities designed for women, this officially financed program aims to empower rural women through community engagement. In close conjunction with the Centre, the State Governments and Union Territories Administrations carry it out.

ix. Deendayal Antyodaya Yojana–National Urban Livelihood Mission (DAY-NULM):

It is put into practice in towns to lessen poverty and the susceptibility of low income urban households. Enhancing their standard of living "on a sustainable basis" is the goal. The goal is to provide extra security for the weaker segments of society, such as women, minorities, and Scheduled Castes and Tribes.

x. The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA):

The goal of this Act is to guarantee employment in rural households by giving women at least one-third of the jobs created. The MGNREGA Guidelines contain special provisions to encourage women's participation, such as:

• Preferring women (especially single women) and older people for jobs near their homes;

• Providing child care facilities at the workplace whenever five or more children under the age of six are present;

• Guaranteeing that there are enough women in the MGNREGS staff; • Ensuring that widows, destitute women, and abandoned women receive at least 100 days of work;

• Awareness campaigns to make sure that employees, including female employees, can manage their bank accounts and official documents;

• Providing work that is appropriate for expectant and nursing women and attending to their unique requirements.

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6. CONCLUSION:

The Indian legal system is very progressive when it comes to protecting the rights of women workers, and it keeps up with the evolving demands of modern India. However, there is still a long way to go before these proposals are implemented in their entirety. In order to solve numerous obstacles in the application of the legislation, decentralisation and central reporting can work in tandem with raising awareness of women's rights at work among organised and unorganised women in both rural and urban areas. In order to enable women workers to fully exercise their right to work, the laws currently in effect do offer particular protection for their rights. Labour laws are included by the Concurrent List of Schedule VII of the Indian Constitution, which means that both the federal government and state governments have the authority to enact them. The application of the country's labour laws is negatively impacted by a lack of coordination between the federal government and the state or states as well as between states. The "appropriate government," which in some situations refers to the State Government and in other cases to the Central Government, is typically granted the authority to make rules under labour laws. It might be challenging to determine which specific laws apply to a given plant or industry. Different state laws and regulations might cause uncertainty about which laws apply, particularly when labour is being done across multiple states. This is the main issue with Indian labour laws, and it may be resolved by the Central Government and State Governments working together more.

It is necessary to gradually eradicate patriarchal institutions from society so that women can enjoy their freedom and rights. In addition to being legally mandated, the feminist legal philosophy's goal of granting women their due equality must also define the scope and bounds of equality in letter, spirit, and practice at the local level. Reasonability and equity must coexist for equality under the law. Women workers can catch up to their male colleagues with help. A few important initiatives towards improving the circumstances of women workers in the nation are pay parity and equity in opportunities, hiring, promotion, transfer, and workplace amenities. Women who labour both inside and outside the home and support this democracy's economy nationwide are the focus of the issue, not isolated groups or segments of society. The path forward and possibly the best answer is equal recognition in both theory and practice.

Filling the enforcement agency vacancies is a crucial first step in doing this. It is crucial to make the implementing authorities designated by various labour laws aware of their responsibilities, particularly with regard to the rules safeguarding women. Identification of issues that can be resolved through cooperation at all levels can be aided by maintaining records at the factory or industry level, properly inspecting the records, implementing them at the district level, reporting at the state level, and compiling data at the national level. Although the problem is complicated, it is not intractable. The true advancement will come from correctly enforcing Indian laws in letter, spirit, and practice.

7. REFERENCES:

i. The Constitution of India.

ii. The Factories Act, 1948.

iii. The Equal Remuneration Act, 1976.

iv. The Maternity Benefit Act, 1961.

v. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. vi. The Code on Wages, 2019.

vii. Vishaka & Ors v. State of Rajasthan, (1997) 6 SCC 241.

viii. Omana Oomen v. Kerala State Electricity Board, AIR 1979 Ker 126.

ix. Triveni K.S. v. Union of India, AIR 1991 AP 34.

x. UN Women and ILO Policy Brief (2012), Decent Work and Women’s Economic Empowerment. xi. International Labour Organization (2023), Care at Work: Investing in Care Leave and Services for a More Gender Equal World.

xii. Periodic Labour Force Survey (PLFS), 2020-21, Government of India.

xiii. Pradhan Mantri Matru Vandana Yojana Guidelines, Ministry of Women and Child Development, GOI.

xiv. Mission Shakti and Hub for Empowerment of Women (HEW), Ministry of Women and Child Development, GOI.

xv. The Mahatma Gandhi National Rural Employment Guarantee Act, 2005.

xvi. Constitution (106th Amendment) Act, 2023.

xvii. Bhartiya Nyaya Sanhita, 2023.

xviii. Initiatives for Inclusion Foundation v. Union of India, 2024 (SC).

xix. Sustainable Development Goals (Goal 5), United Nations.

xx. ILO Declaration on Fundamental Principles and Rights at Work, 1998.