Open Access Research Article
RIGHT TO EMPLOYMENT; A STUDY ON CHALLENGES FACED BY INDIAN WOMEN EMPLOYEES AT WORK PLACE – BY SANDRA JINI SAJU
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Article Details
Topic-
Right to Employment; A Study on challenges faced by Indian women employees at
work place
Submitted by- Sandra Jini Saju,
9th Semester BA-LL.B (5th
Year)
Contact details- 8075707204,
9544748387(whatsapp)
Name of the Institution- Christ Academy,
Institute of Law, Bengaluru, Karnataka,
India.
Introduction
Women have been treated a second class citizen from
past. Women are meant for household works rather other paid employment. Women
faces a lot of discrimination in the society in matters of education, sports,
arts etc. Discrimination faced by women in employment sector includes wage gap
issues, lack of sanitation and health care facilities provided to women, sexual
harassment faced by women in workplace, gender based discrimination, less
chance of getting promotion these are the main areas of challenges faced by
women at work place.
Patriarchal society have set out certain norms for
women what they must do’s and don’ts women are designed for reproduction and
taking care of the family. But the situation had change many women have come
forward for building their career. The workplace has never been same for women
even in 21st century, women are paid less than women, and they are
treated vulnerably even after holding best educational background. Still there
is a stigma persist in the society that women are not allowed to come out of
the family they are meant to be looking after the household activities.
Problems
and challenges confronted by women at work place-
1)
Wage gap
Women
labour contributions have been valued since time immemorial but their worth has
never been recognised. India ranked 135 out of 146 in Global Gender Gap Report
2022, which means that India ranked lowest on gender pay parity. Under the
constitutional mandate of equality and inhibition against discrimination under
Article 14 and 16 the doctrine of equal pay for equal work assumed the status
of fundamental right.[1]
Globally, women on average, are paid about 20 per cent less than men.[2]
Due to this financial insecurity threatens women in Global level. Gender
differences in employment are important factor which lead to the gender
differences in earning.
2)
Sanitation facilities
Lack
of sanitation facilities provided to women in workplace lead raise of health
concern to women. Inadequate usage of toilets cause internal injuries such as acute
kidney injuries, menstruating women faces high risk of urogenital infections.
The lack of basic sanitation facilities, such as toilets, coupled with social
and cultural norms, makes it difficult for women to perform their daily
sanitation routine with dignity and safety. They are prone to several risks
such as reproductive tract infections, psychosocial stress and gender-based
violence.
3)
Sexual harassment
Sexual
harassment at workplace is outright unacceptable criminal. No women should be
subjected to sexual harassment at any workplace[3].
It is a violation of women's right to equality, life and liberty. It creates an
insecure and hostile work environment which discourages women's participation
in work, thereby adversely affecting their social and economic empowerment and
the goal of inclusive growth. Incident of sexual harassment of a female at the
place of work amounts to violation of her fundamental righto gender equality
under Article 16(2).[4]
4)
Social security
In
spite of several Government sponsored schemes Social Security threats for women
still persist. According to World Social Protection Report 2020-22: Regional
companion report for Asia and the Pacific, the status of India is only at 24.4%
on social protection worldwide for both men and women in this women lacks way
behind for social protection and still gender disparity exist in employment as
well.
5)
Gender based discrimination,
As
per the Global Gap Report 2022 published by World Economic Forum, India is
ranked at 140 out of 156 countries. Mind-set of Indian society discriminates
women from employment sector women are considered primarily responsible for
smooth running of family welfare rather than job matters. Root cause of gender
discrimination is the patriarchal setup in our Indian society. Early marriage,
less access to educational facilities, sexual abuse are the most form of gender
discrimination prevalent in India. Most economies give women only ¾ right of
men in employment sector
6)
Promotion disparity
Even
though equally skilled and educated men and women are eligible for promotions
employer would choose men rather than women. It’s a usual practice in some
institutions that women are not chosen for managerial promotion. All persons in
similar circumstances shall be treated equally both in privileges and
liabilities imposed.[5]
Constitutional
safeguards
The
Constitution have protected equality as a fundamental right[6]
which embodies the principle of non-discrimination. Equality is the basic
feature of the Constitution of India, doctrine of equality before law is a
necessary corollary of Rule of Law which pervades the Indian Constitution.[7]Article
15(3) of the Constitution mandates State to enact special legislation for
protection of women and children which means that legislations such as Sexual
Harassment of women at workplace act, 2003, Domestic Violence Act, 2005, The
Amendment to the Hindu Succession Act and other legislations secure women’s
right under Article 15(3). Article 16 of the Constitution of India guarantees
equal opportunity in matters of public employment, no citizen can be
discriminated or ineligible for any employment under the state on the grounds
only of sex and other matters.[8]
The
Constitution also mandates under Article 39(a) the State to direct its policy
to secure that the men and women to be treated equally and have right to
adequate means to livelihood[9]
and under Article 39(d) equal pay for equal work for both men and women. In
Grih Kalynan Kendra v. Union of India[10]
the Supreme Court held that Equal pay for equal work may not be expressly
declared as a fundamental right but the principle of equal pay for equal work
has assumed the status of fundamental right in service jurisprudence having
regard to the constitutional mandate of equality in Article 14 and 16 of the
Constitution. Article 42 mandates the state to provide humane working
conditions and maternity leave and court has conceded the demand of female
workers of maternity leave under the concept of social justice under the
Article 42.[11] The 73rd Amendment Act of the Constitution
guarantees women one-third seats in the Panchayats, and the 74th
Amendment Act guarantees women one-third seats in Municipalities.
Statutory
provisions protecting Women employees
1.
Equal Remuneration Act, 1976
Parliament
has enacted Equal Remuneration Act to secure the principle enshrined under
Article 39(d) of the Constitution. In People’s Union for Democratic Rights v.
Union of India[12] the
Supreme Court held that Article 14 of the Constitution finds expression in the
provisions of Equal Remuneration Act. The act seeks to provide for equal
payment for equal work to men and women for prevention of discrimination[13].
Discrimination in matters of recruitment of men and women is also prohibited
under the Act.[14]
2.
National Commission for
Women Act, 1990
Section
10 of the Act investigate and examine all matters relating to safeguards
provided for women under the Constitution and any other laws also recommend
effective implementation of safeguard of women through amendments or other special
legislations and in cases of violation in provisions of Constitution and any
other laws which shall be taken up to the appropriate authority. The main
objective of the act is to curb disparity and safeguard women right. The
commission has the powers that are vested upon a civil court.
3.
Sexual Harassment of women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013
The
Act seeks to protect women against sexual harassment at workplace also act
provides for prevention of sexual harassment at work place and even a redressal
mechanism within and outside the employment. The framework of this act was laid
down in the landmark Judgement of Vishaka v. State of Rajasthan[15]
the Supreme Court mandated guidelines to check evil of sexual harassment at
work place and court stated that sexual harassment of women at work place
violates fundamental rights of women equality and right to life and right to
live with dignity under Article 14, 15 and 21 of the Constitution.
4.
The Maternity Benefits Act,
1961
The
Act protects the employment of women during the time of her maternity and
entitles for a maternity benefit so that she can overcome the state of
motherhood honourably. As per 2017 Amendment maternity leave duration was
extended from 12 weeks to 26 weeks in case of women who have less than two
surviving children and in case of third child entitlement is for 12 weeks,
establishment having 50 or more employees shall have creche facility.
5.
Factories Act, 1948
Section
66(1) (b) states that no women shall be allowed to work in factory between the
hours 6am and 7pm, for ensuring occupational safety to women workers. Under
Section 27 the Act prohibits employment of women and children near cotton
openers.
6.
Plantations Labour Act, 1951
Section
25 prohibits women worker working during time of 6am and 7pm. Section 32
provide maternity benefit, Section 12 provides crèche facility in an
establishment where 50 or more than employees are working.
7.
Employee’s State Insurance
Act, 1948
Section
50 of the Act envisages the qualification of an insured person to claim
maternity benefits.
Protection
of women employees at International Scenario
1.
International Labour
Organisation
Millions
of women around the globe denied their basic right of livelihood without regard
to their capabilities and skills. In a number of developed countries, for
example, women workers still earn between 20 and 25 per cent less than male
colleagues performing equal work or work of equal value, which shows how slow
progress has been over recent years in this regard.[16]
International Labour Organisation have set out certain conventions to safeguard
women rights Violence and Harassment Convention, 2019 (No. 190), Maternity Protection Convention, 2000 (No. 183),
Equal Remuneration Convention, 1951 (No. 100) etc.
Preamble of International Labour Organisation Constitution of 1919 emphasised
the importance of equal remuneration for equal value.
2.
Universal Declaration of
Human Rights, 1948
Article
23 of UDHR envisages that everyone has free choice of employment without any
discrimination and principle of equal pay for equal work is enshrined in this
Article. Under Article 25 motherhood and childhood are protected with special
care and assistance.
3.
Convention on the
Elimination of All Forms of Discrimination against Women, 1979
The
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), adopted in 1979 by the UN General Assembly, is often described as an
international bill of rights for women. The Convention provides the basis for
realizing equality between women and men through ensuring women's equal access
to, and equal opportunities. Article 11 of the Convention provided that state
parties to take appropriate measures to eliminate discrimination against women
in right to work, right to same employment opportunities, right to free choice
of profession and employment, right to equal remuneration including benefits
and equal treatment in evaluation in quality of work. In Madhu Kishwar v. State
of Bihar[17] the
Supreme Court held that Convention on the Elimination of All Forms of
Discrimination against Women, 1979 is an integral scheme of Fundamental Rights
and the Directive Principles.
Conclusion
Despite
several legislations, constitutional rights, international protections given to
women still we can see gender inequality persist in the society. Most employers
appoint men rather than equally talented women, they have to work double of men
to prove their talent in the organisation. Women face through most vulnerable
situation sexual harassment from men which cannot give a peaceful environment
to work. Many women are deprived of their right of maternity benefits.
Minimum
living wage must be given to all low paid workers irrespective of
discrimination between men and women. Men and women must get equal pay for
their work, skill of the worker must be calculated in a rational manner.
Skilled and qualified worker must be given promotion rather than discriminating
in manner of gender. Maternity benefit are provided to protect the right of
women and enjoy their motherhood in honourable manner, despite of this most of
the women are deprived of maternity benefits. Awareness must be given to women
about their rights in rural areas. Sexual harassment in work place must be
strictly monitored and punishment must be given to the wrongdoer. CCTV must be
installed in every organisations to ensure security. Every employee must get
positive atmosphere from the workplace which can lead to better output for the
organisation as such. Proper sanitation facilities must be there within every
organisation.
In
this 21st century people must think rationally both men and women
are equally qualified and capable of shouldering the responsibilities. Strict
application of laws and education can only bring changes in the society. The society must endeavour right treatment to
women only then gender disparity in the society can be washed away.
References
BOOKS
1) M.P Jain, Indian Constitutional Law, (8th
Edn, 2019)
CASES
1) Madhu Kishwar v. State of Bihar AIR 1996 S.C.W.
2) Vishaka v. State of Rajasthan AIR 1997 SC 3011.
3) Madhu Kishwar v. State of Bihar, AIR 1996 SC 1870.
4) Grih Kalynan
Kendra v. Union of India, AIR 1991 SC 1173.
5) Muncipal Corporation of Delhi v. Female Workers
(Muster Roll) AIR 2000 SC 1274.
6) People’s Union for Democratic Rights v. Union of India
(1982) 2 LLJ 454 (SC).
7) Apparel Export Promotion Council v. A.K. Chopra
AIR1999 SC 625.
8) John Vallamattom v. Union of India(2003) 6SCC 611:AIR
2003 SC 2902.
9) Ashutosh Gupta v. State of Rajasthan, (2002) 4 SCC 34:
AIR 2002SC 1533.
10) State of Kerala v. B. Renjith Kumar(2008) 12 SCC 219.
STATUTES
1) The Constitution of India, 1949.
2) Equal Remuneration Act, 1976
3) National Commission for Women Act, 1990
4) Sexual Harassment of women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
5) The Maternity Benefits Act, 1961
6) Factories Act, 1948
7) Plantations Labour Act, 1951
8) Employee’s State Insurance Act, 1948
9) Universal Declaration of Human Rights, 1948
10) Convention on the Elimination of All Forms of
Discrimination against Women, 1979
ARTICLES
1) International Labour Standards on Equality of
opportunity and treatment, International Labour Organisation https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/equality-of-opportunity-and-treatment/lang--en/index.htm
[1] State of Kerala v. B. Renjith
Kumar(2008) 12 SCC 219.
[2] International Equal Pay Day
2022: Can pay transparency measures help reduce the gender pay gap?,
International Labour Organisation https://www.ilo.org/global/topics/equality-and-discrimination/WCMS_856125/lang--pt/index.htm#:~:text=Globally%2C%20women%20on%20average%2C%20are,per%20cent%20less%20than%20men
[3] Section 3(1) Sexual Harassment
of women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
[4] Apparel Export Promotion Council
v. A.K. Chopra AIR1999 SC 625.
[5] John Vallamattom v. Union of
India(2003) 6SCC 611:AIR 2003 SC 2902.
[6] Article 14 of the Constitution
of India.
[7] Ashutosh Gupta v. State of
Rajasthan, (2002) 4 SCC 34: AIR 2002SC 1533.
[8] Article 16(2) of the
Constitution of India.
[9] Madhu Kishwar v. State of Bihar,
AIR 1996 SC 1870.
[10] Grih Kalynan Kendra v. Union of
India, AIR 1991 SC 1173.
[11] Muncipal Corporation of Delhi v.
Female Workers (Muster Roll) AIR 2000 SC 1274.
[12] People’s Union for Democratic
Rights v. Union of India (1982) 2 LLJ 454 (SC).
[13] Section 4 of Equal Remuneration
Act, 1976.
[15] Vishaka v. State of Rajasthan
AIR 1997 SC 3011.
[16] International Labour Standards on
Equality of opportunity and treatment, International Labour Organisation https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/equality-of-opportunity-and-treatment/lang--en/index.htm
[17] Madhu Kishwar v. State of Bihar
AIR 1996 S.C.W.
Article Information
RIGHT TO EMPLOYMENT; A STUDY ON CHALLENGES FACED BY INDIAN WOMEN EMPLOYEES AT WORK PLACE – BY SANDRA JINI SAJU
Authors: SANDRA JINI SAJU
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/11/07
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
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