Female Rights in the Workplace in India
Female Rights in the Workplace in India
🔹 Legal Framework Protecting Women at Work
Constitutional Provisions:
Article 14: Equality before law.
Article 15(3): Allows the state to make special provisions for women and children.
Article 21: Right to life and personal liberty includes the right to a safe working environment.
Key Labour Laws:
The Equal Remuneration Act, 1976:
Ensures equal pay for equal work, prohibits discrimination in salary on the basis of gender.
The Maternity Benefit Act, 1961 (Amended 2017):
Provides maternity leave of up to 26 weeks, protects pregnant women from dismissal or discrimination.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act):
Protects women from sexual harassment at work. Mandates constitution of Internal Complaints Committees (ICCs) in workplaces and provides a mechanism for redressal.
Factories Act, 1948 & Shops and Establishments Acts (varies state-wise):
Regulates working conditions, hours, and safety measures for women workers.
🔹 Rights and Protections
Right to Equal Pay: No wage discrimination for the same or similar work.
Right to Maternity Benefits: Paid leave, medical bonus, and job security during and after pregnancy.
Right to Safe Working Environment: Protection against sexual harassment, violence, and unsafe conditions.
Right to Non-Discrimination: Equal opportunity in hiring, promotions, training, and benefits.
Right to Work Hours and Rest: Restrictions on night shifts (some exceptions apply), mandatory breaks.
🔹 Challenges Faced by Women at Workplace
Gender pay gap persists despite laws.
Sexual harassment and workplace discrimination still prevalent.
Limited representation in leadership and high-paying roles.
Work-life balance issues, lack of adequate childcare facilities.
Informal sector workers often lack legal protections.
🔹 Judicial Interventions
The Supreme Court has taken an active role in protecting women’s workplace rights, e.g.,
Vishaka v. State of Rajasthan (1997): Laid down guidelines against sexual harassment in absence of specific legislation (which led to POSH Act).
Anita Thakur v. Union of India: Directed government to provide safer working conditions for women.
🔹 Government Initiatives
Women-specific skill development programs.
Incentives for women entrepreneurs.
Campaigns to raise awareness about workplace harassment and discrimination.
Summary:
Women in India have legal rights to equality, fair treatment, maternity benefits, and protection against harassment in the workplace. While laws provide a robust framework, effective enforcement and social change are essential to truly empower women at work.
Do write to us if you need any further assistance.
RELATED Blog
0 comments