GENDER EQUALITY WITH REFERNCE TO EQUAL EMPLOYMENT OPPORTUNITIES BY - VARTIKA MISHRA
GENDER EQUALITY WITH REFERNCE TO
EQUAL EMPLOYMENT OPPORTUNITIES
AUTHORED BY
- VARTIKA MISHRA
Synopsis-
This research is to show gender
equality at job and opportunities at workplace. The research work provides a
detailed description and summary of the Gender Equality with reference to equal
employment opportunities with special reference to Indian Constitution. It
emphasizes the importance of equal employment opportunities and gender equality
at workplace.
Methodology-
The
methodology involved for this research adopts a scientific approach, involving
data collection from reliable sources, classification and interpretation of the
collected data and critical analysis to succinctly present the findings.
Abstract
Gender equality in employment refers
to equal right, responsibilities and opportunities of men and women at
workplace. This abstract explores the ongoing challenges and advancements in
achieving gender parity in the workplace. Equality doesn’t mean women and men
will become the same but their rights, responsibilities and opportunities
should not depend on their gender. The aim of gender equality in workplace is
to achieve equal treatment for men and women without any discrimination in
terms of promotions, opportunity, retirement, salary, etc. at workplace. By
examining the importance of breaking gender stereotypes and promoting
diversity, this abstract aims to contribute to the ongoing dialogue surrounding
the achievement of true gender equality in the professional sphere.
KEY WORDS: Gender
Equality, Equal Employment Opportunities, Equality, Gender Pay Gap, Workplace
Introduction
Workplace gender equality is
something which can be accomplished when people are able to enjoy the same
opportunities, rewards and resources irrespective of gender.
It advocates for a workplace where
individuals are judged based on their skills, qualifications, and performance
rather than their gender. It challenges stereotypes and biases, fostering an
environment that values diversity and inclusivity.
Institution of gender equality in an
organisation act as a catalyst in enhancing the productivity of the
organisation supporting best of talents and managerial skills of their
employees. Gender inequality is a curse to any organisation which brings down
the efficiency levels of organisation.
Efforts toward gender equality often
involve implementing policies and practices that address pay gaps, promote
equal opportunities for career advancement, and eradicate discriminatory hiring
practices. Organizations and societies benefit from embracing gender equality
as it contributes to a more dynamic and innovative workforce.
It’s crucial to recognize that
achieving gender equality in job opportunities is an ongoing process that
requires the commitment of individuals, businesses, and governments to create a
more just and inclusive society.
Importance of gender equality
1.
More
innovation and creativity: A more diverse workforce leads to more innovate and
creative ideas. A larger pool of potential and capable workforce paves way to
pick better skilled candidates for a task.
2.
Poverty
Reduction: Empowering women through equal job opportunities can
contribute significantly to poverty reduction. When women have access to
employment and earn fair wages, it positively impacts not only their lives but
also the well-being of their families and communities.
3.
Social
Stability: Promoting gender equality can contribute to social stability
by fostering a sense of fairness and justice within communities. It helps
reduce social tensions that may arise due to gender-based discrimination.
4.
Human
Rights: Gender equality is a human right. It emphasizes the right to
be free from discrimination and to have equal opportunities in education,
employment, and other areas of life.
5.
Enhance
economic development: Providing equal job opportunities for all genders
contributes to economic growth by utilizing the full potential of the
workforce. A diverse and inclusive workforce fosters innovation, creativity,
and productivity.
6.
Inclusive
development: Gender equality is integral to achieving sustainable and
inclusive development. It ensures that the benefits of development are
distributed equitably and reach all segments of society.
7.
Global
competitiveness: Nations that prioritize gender equality are often
more competitive on the global stage. It signals a commitment to harnessing the
skills and talents of the entire population, leading to increased
competitiveness and economic success.
Challenges faced by women in Workplace:
Women in the workplace often
encounter various challenges that can hinder their professional growth and
well-being.
1. Discrimination and Bias: Stereotypes and biases may
influence decision-making processes, affecting hiring, promotions and
performance evaluation decisions. Discrimination may manifest in subtle or
overt ways, limiting women’s opportunities.
2. Inadequate Family Support Policies: Limited availability of
family-friendly policies, such as parental leave and childcare support, can
disproportionately impact women. Robust family support policies are crucial for
promoting gender equality.
3. Work-Life Balance Challenges: Balancing work responsibilities with
family or caregiving duties can be challenging.
4. Stereotyping of Roles: Traditional gender roles and
expectations can influence career choices and opportunities. Encouraging a
shift away from stereotypical expectation is important for equalizing career
options.
5. Gender Pay Gap: Women on average earn less than
their male counterparts for the same work. Addressing and closing the gender
pay gap remains a persistent challenge.
6. Gender-Based Harassment: Many women face harassment or
inappropriate behaviour in the workplace. Creating a safe environment and
addressing harassment is crucial for gender equality.
Constitutional provisions for gender equality and equal job opportunities
in India-
The articles of Indian constitution
which upholds the principles of gender equality and equal job opportunities
are- Article 14, Article 15, Article 16, article39(a) and Article 42.
1. Article 14[1] - Right to Equality: Ensures
equality before the law and equal protection of laws to all citizens,
prohibiting discrimination on grounds of sex.
2. Article 15[2] -
Prohibition of Discrimination: Forbids discrimination on grounds of religion, race, caste,
sex, or place of birth.
Special Provisions for Women and Children: Permits the state to make special
provisions for women and children.
3. Article 16[3] - Equality of opportunity in Public
Employment: Guarantees
equality of opportunity in matters of public employment and prohibits
discrimination on grounds of sex.
4. Article 39(a)[4] - Equal pay for equal work: Directs the state to ensure that men
and women receive equal pay for equal work.
5. Article 42[5] - Provision for just and humane
conditions of work and maternity relief: This article states that the State shall provide a
fair working and maternity relief environments.
Under the Constitution of
India, the Directive Principles of State Policy contains duties of the State to
apply these principles while making laws. These principles state that State
shall direct its policies to secure that citizens, men and women equally have
the right to an adequate means of livelihood, that there is equal pay for both
men and women, provide free and compulsory education for children and duty to
improve public health.
Acts in India that address gender equality and equal
employment opportunities-
1. Maternity Benefit Act, 1961: Safeguards the employment of women
for certain periods during pregnancy and maternity leave i.e., before and after
child-birth and to provide maternity benefits which is fully paid wages during
the absence from work and to take care of her child.
2. Sexual Harassment of Women at
workplace (Prevention, prohibition and Redressal) Act, 2013: This act seeks to protect women from
sexual harassment at their work place. It mandates a safe working environment
for women and also outlines procedures for dealing with sexual harassment at
workplace.
3. Equal Renumeration Act, 1976: Ensures payment of equal wages for
same work to men and women workers and for the prevention of discrimination
against women in the matters of employment, promotion, training, etc.
4. Protection of Women from Domestic
Violence Act, 2005: Addresses
domestic violence, recognizing the workplace as one of the places where
violence may occur.
5. The Industrial Employment (Standing
Orders) Act, 1946: Governs
employment conditions and non-discrimination in industrial establishments.
6. The Apprentices Act, 1961: Ensures equal opportunities for
apprenticeship training regardless of gender.
7. The Factories Act, 1948: Contains provisions related to the
working conditions of women in factories, including restrictions on night
shifts.
8.
The Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995: Ensures full participation and equal opportunities
for persons with disabilities, including in employment.
Case Laws:
In the context of gender equality and
equal job opportunities in India, there are several significant case laws that
have shaped the legal landscape. Here are some of the landmark cases:
The Supreme Court laid
down elaborate guidelines to deal with the menace of sexual harassment against
women at workplace, emphasizing the employer’s duty to provide a safe working
environment for women.
While primarily an
environmental case, it highlighted the importance of ensuring a safe and
healthy workplace environment, indirectly impacting gender equality in
employment. Recognized the right of women to work in hazardous industries,
challenging stereotypes about the suitability of certain jobs for women.
Addressed the issue of
injustice and gender discrimination in employment policies, emphasizing the
importance of equal opportunities for men and women. The Supreme Court ruled
that denying maternity benefits to an air hostesses on the ground of pregnancy
was a violation of Article 14 and Article 16 of the Constitution.
Ways to Promote gender equality at workplace:
1. Zero Tolerance for Discrimination: Enforce strict policies against
gender-based discrimination.
2. Equal Recruitment: Ensure fair and unbiased hiring
processes.
3. Training and Development: Provide equal access to training and
advancement opportunities.
4. Salary Transparency: Promote transparency in salary
structures to address wage gaps.
5. Regular Audits: Conduct regular audits to ensure
ongoing gender equality within the workplace.
6. Parental Leave: Offer equal parental leave to both
genders to support work-life balance.
7. Mentorship Programs: Establish mentorship programs to
foster professional growth for everyone.
8. Flexible Work Arrangements: Offer flexibility to accommodate
diverse needs.
CONCLUSION
In conclusion, achieving gender
equality in job opportunities is not just a moral imperative but also a
strategic advantage for organisations and societies. Gender equality in
workplace is something which can be achieved when employees are treated equally
without any bias and discrimination in terms of rewards, opportunities,
resources, promotions, retirements, etc. in any organisation. Despite,
remarkable progress witnessed towards gender equality in recent years mainly in
education, health and female workforce participation, gender inequality has not
vanished completely due to increased disparity in gender pay gap and various
other factors contributing to gender inequality across the globe. By
acknowledging the challenges, implementing inclusive policies, and fostering a
culture of equality, we can create workplaces where individuals thrive based on
their abilities rather than their gender. Embracing gender equality is not only
the right thing to do, it is essential for building a more sustainable and
equitable future.
BIBLIOGRAPHY
BOOK SOURCE
1. The Indian Constitution of 1950.
2. J. N Pandey, Constitutional Law of
India, (Central Law Agency)
CASES
3. Vishaka v. State of Rajasthan (1997)
6 SCC 241
4. M.C. Mehta v. Union of India (1987) 1
SCC 395
5. Air India v. Nargesh Meerza (1981) 4
SCC 335
[1] Article 14 of The Indian
Constitution of 1950.
[2] Article 15 of The Indian
Constitution of 1950.
[3] Article 16 of The Indian
Constitution of 1950.
[4] Article 39 of The Indian
Constitution of 1950.
[5] Article 42 of The Indian
Constitution of 1950.
[6] AIR 1997 SC 3011
[7] AIR 1987 SC 965
[8] AIR 1981 SC 1829