Open Access Research Article
WOMEN ENTREPRENEURSHIP: LEGAL PROSPECTS, IMPLICATIONS, CHALLENGES
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Article Details
WOMEN ENTREPRENEURSHIP:
LEGAL PROSPECTS, IMPLICATIONS,
CHALLENGES
AUTHORED
BY:
|
AUTHOR
1:
MRUTHULA
IYER
LLM
(CORPORATE LAW)
|
AUTHOR
2:
INSHA
SHAIKH
LLM
(CORPORATE LAW)
|
AUTHOR
3:
KETAKI
RAO
LLM
(CORPORATE LAW)
|
ORGANIZATION:
Kirit P. Mehta School of Law, NMIMS, Mumbai.
Women Entrepreneurship: legal prospects,
implications and challenges
Compared to
one in five males, one in six women stated they intended to launch a business
in the near future. Compared to one in eight males, one in ten women were just
beginning a business. Women's aspirations to start their own business were greatest
in low-income nations (28.2%) and lowest in high-income nations (11%). Low-income nations (13.3%) and Latin America
and the Caribbean (21.2%) had the greatest rates of female entrepreneurs;
globally, Guatemala (28.2%) and Colombia (26.1%) led the way. The GEM study emphasizes how crucial a role
women entrepreneurs continue to play in promoting social development and
economic success in their nations and local communities. But women "also
endure inequity in the home, bearing a greater share of the household's tasks,.[1]
I.
Women Entrepreneurship and its relevance:
"Woman or a group of women who start, organize,
and run a business enterprise" is the definition given to women
entrepreneurs. The definition of women entrepreneurs provided by the Indian government
is based on their involvement in the employment and equity of a business
enterprise. Therefore, "an enterprise owned and controlled by a woman
having a minimum financial interest of 51% of the capital and giving at least
51% of the employment generated in the enterprise to women" is the
definition of a woman-run business. Women entrepreneurs make up 10% of all
entrepreneurs in the nation. It has resulted in a huge increase in women's
self-employment, with the women who have now established new. The population of
women constitute 50% of the population of our country with a lower literacy
rate than men as they have been treated as inferior due to people having
backward mentality. This statistical fact has indicated and explained the
economic growth of the nation, as it is considered that the women should not be
encouraged to make their share of economic contribution towards the country.[2]
Many nations have emphasized and promoted
entrepreneurship as a way to help and improve their economies and growth, as it
also serves as a crucial component of those economies' expansion, particularly
in the wake of financial crises and other economic downturns. From both
developed and developing country views, entrepreneurship is seen as the primary
engine of the economy. Unfortunately, though, women in the field of
entrepreneurship are both underrepresented and disregarded.
Furthermore, because women are less likely than men to
succeed in the field of entrepreneurship and are more likely to work in
high-value industries with room for expansion, there are fewer enterprises run
by women. This distinction is not the treatment of gender biasness. And a
reason why there are few women entrepreneurs as there is less space for the
women to enjoy as business entrepreneurs.[3]
Although women are increasingly turning in to
entrepreneurship to start their own businesses to support social and economic
development of their communities, little is known about the subtleties and
interactions between women's entrepreneurship and culture.
In the 59 economies that were looked at in the most
recent research (2022/2023). The Global Entrepreneurship Monitor (GEM) reports
that 231 million women owned or managed companies. Numerous government agencies
and organizations, such as UN Women and the ILO, have long acknowledged the
contribution that women make to society, economic prosperity, and individual
welfare. Despite the fact that female entrepreneurs are essential for creating
new jobs and improving the social and economic development of their nations,
little is known about the interactions and nuances of women's entrepreneurship,
growth, and culture.[4]
II.
The legal framework governing Women Entrepreneurship:
It is more important than ever to
take advantage of women's economic contributions to put countries back on the
path to recovery. In essence, it is now more crucial than ever to take
advantage of women's economic contributions to help countries get back on the
path to recovery. It is necessary for a wide range of stakeholders, including
governments and financial institutions, to remove long-standing barriers that
impede women's economic participation and advancement in business and the
workplace in order to support the spirit of invention that is evident in the
data and ensure positive progress. In order to achieve this, a more
gender-sensitive mindset needs to be implemented at all levels, enabling women
to participate more in the workforce and in business. Improving the
availability of resources and low-cost financing for female entrepreneurs will
contribute to the economic contribution of women and avert future setbacks in
the goal of gender parity. Enhancing women entrepreneurs' access to resources
and inexpensive financing would help to fortify women's economic contribution
worldwide and avert further setbacks in the pursuit of gender parity. One way
to support a global economic recovery that is more sustainable and equitable for
all is to encourage women to participate fully and equally in the workforce,
particularly as entrepreneurs and business owners.[5]
i.
Women
Entrepreneurship and the law in India; widening disparities:
An increasing number of women are
becoming entrepreneurs in contemporary India, particularly in micro, small, and
medium-sized businesses. In India, more and more women are expressing a desire
to be self-sufficient financially. As a result, Indian women are no longer
viewed as stunning centrepieces. They have currently made a name for themselves
in a world where men predominate. The Indian woman can now balance the workload
at home and her job, meeting deadlines in both places.
Through a variety of planned interventions, the Indian
government has taken a number of different actions to guarantee women's social,
educational, economic, and political empowerment. In an effort to improve the
employability of female workers, the government presently provides training
through a network of Women Industrial Training Institutes, National Vocational
Training Institutes, and Regional Vocational Training Institutes. The
government introduced the Skill India Mission, which aims to achieve women's
economic independence through skill development and vocational training. In order to improve economic productivity, the
National Skill Development Policy prioritizes inclusive skill development and
aims to promote the participation of women. The Pradhan Mantri Kaushal Vikas
Kendra places emphasis on building out the infrastructure for women to receive
training and apprenticeships; providing flexible mechanisms for training
delivery; organizing afternoon training batches tailored to women's needs in
the community; and guaranteeing a safe, gender-sensitive training environment,
hiring female trainers, compensation parity, and a complaint redressal system.
Numerous initiatives have been developed to support women in starting their own
businesses, including the Prime Minister's Employment Generation Programme
(PMEGP), Stand-Up India, and the Pradhan Mantri Mudra Yojana.
Articles
14–16 of the Indian Constitution provide equal treatment for men and women and
prohibit discrimination based on a person's sex. In addition, several
significant laws that address particular issues faced by women have been
passed, including the Maternity Benefits Act of 1961, the Equal Remuneration
Act of 1976, and the Sexual Harassment at Workplace (Prevention, Prohibition
and Redressal) Act of 2013. Nonetheless, there is a glaring legal loophole that
presents difficulties for women in the workplace. In India, women earn 19% less
on average than men, who make 46.19 rupees more per hour than women. This is a
very unfavourable wage disparity. India dropped 4 spots from the previous year
to rank 112th in the world in the 2019 Global Gender Gap Ranking. Apart from
the disparity in pay between men and women, there is also a significant pay
difference in India between the organized and unorganized sectors, rural and
urban locations, and employees who receive a fixed salary as opposed to an
hourly wage.[6]
Furthermore, the recently enacted Labour Codes have
included a number of enabling provisions to promote the employment of women and
create welcoming work environments for them. The Stand Up India initiative
encourages women to start their own businesses. Women are required to hold at
least one-third of the positions created under the Mahatma Gandhi National
Rural Employment Guarantee Act, 2005 (MGNREGS). Additionally, the government
has created favourable regulations to support women's involvement in non-traditional
fields including fighter pilots in the Indian Air Force, commandos, Central
Police Forces, admissions to Sainik Schools, etc. The government also runs the
Working Women Hostels program, which offers safe housing to working women.
Furthermore, the Indian government has chosen to launch the Umbrella Scheme for
Safety, Security, and Empowerment of Women as an integrated program known as
"Mission Shakti" to empower women holistically and establish them as
equal partners in the development of the country through convergence at various
governmental levels and a participatory approach.[7]
Many
female entrepreneurs think that their challenges were more related to
entrepreneurship than gender discrimination because of the widespread gender
bias. In the landmark case of F.A.I.C. and C.E.S. vs. Association of India,[8]
the Supreme Court of India ruled that government employees holding the same
post and carrying out indistinguishable work can be paid differently on the
basis of differences in liability, dependability, and secrecy. This ruling is
seen as a turning point in the legal history of women's equality. Subsequently,
the court stated that equitable compensation is determined by the calibre and
type of labour performed, not by the meagre amount of work completed.
Disparity in the Law and legal
treatment of women entrepreneurs; Comparative study:
Countries across the
world have their own legal systems in place that create a favorable ecosystem
to encourage entrepreneurship. This system includes a host of laws including
Labor laws, business and commercial laws, marriage, inheritance and property
laws and several others. These laws have been set in place over several decades
and have seen many changes. Traditionally, these laws only focused on men as
their subjects, which later transcended to include women under their ambit.
However, it has been observed that there is a disparity in the treatment of men
and women which creates several hurdles for women entrepreneurs in their
respective countries. It is important to have a closer look at such challenges
by conducting a comparative study.
region
Countries
are working towards making laws gender neutral, at every level, including
international and constitutional principles such as equality in them. Despite
this, it can be seen that each country has a different pace of carrying out
legal reform, with a different motive and reason. It has also been seen that
parallel legal frameworks exist within countries that exist along with
statutory laws, which may in turn have an adverse impact on the implementation
of national laws.
Discriminatory
Laws and Regulations is one such obstacle faced by women in the countries in
which they intend to start a business. Property and inheritance laws may
contain provisions that are unequal, which restrict a woman’s ability to start
and grow businesses. This is because, fixed assets/ collateral is crucial to
obtain commercial loans. In cases where law guarantees equal rights,
discriminatory social norms could still prevent women from claiming and
enjoying their rights.[10]
Some illustrations were used by the
speakers in the session conducted by OECD:[11]
·
As part of the EU’s Acquis Communautaire, Romania and
Croatia in 2003 and 2008, have brought about gender equality laws.
·
The Central Asian region has seen most countries establishing
a solid legislative base for equality between sexes, from constitutions to
various national laws and regulations. Despite this, it has been observed that
in practice, countries’ adherence to gender equality norms are quite distinct,
with Kazakhstan acting as a frontrunner in the region.
·
Almost all African countries have ratified the
essential international instruments on women’s rights. They also have their own
Africa-specific instruments guaranteeing basic human rights. In most
sub-Saharan African countries, discriminatory legal provisions and challenges
with law enforcement and implementation continue to exist, impacting equality.
·
Morocco, Tunisia and Egypt have framed new
constitutions in 2011, 2014 and 2015, while Jordan (2011) and Algeria (2016)
have amended theirs and the provisional declaration of Libya in 2011 all contain
provisions on equality while also prohibiting discrimination, in their own ways.
Awareness regarding benefits of gender equality is high, and the Middle Eastern
and North African (known as MENA)-region has progressed in terms of discussions
regarding gender equality.
Recent
research conducted in MENA, concluded that[12] that in
all four countries studied, (Jordan, Tunisia, Egypt and Morocco) legislation on
establishing and managing a business is gender neutral. The reality is however different,
where women entrepreneurs face certain additional challenges in the form of:
access to information, land, markets, financial services, and assets such as
investment instruments. Further reforms are still needed to encourage women
entrepreneurs to increase their influence over how business laws and policies
are designed.
In
Jordan, women entrepreneurs face discrimination when they engage in business
ventures and while resolving disputes. A research study on barriers to women
entrepreneurs’ access to justice was conducted where it was found that legal
provisions related to liberty and right to move freely, labour, and personal
status in Jordan are unequal for women. In situations where legislation does
not discriminate directly, men and women entrepreneurs report different
treatment, effects and outcomes in practice while dealing with laws related to
entrepreneurship.[13]
It has been
observed in ASEAN countries leaving Singapore, government policies and
regulations are considered restraints for entrepreneurs/businessmen. The common
problems associated include complicated, expensive and long procedures, where
there is dearth of uniformity and coordination between government instrumentalities.
In Myanmar, Cambodia, Lao People’s Democratic Republic and Brunei Darussalam, insufficient
policies, lack of government support and ineffective bureaucracy were seen as
the number one hurdles to do business as per the World Economic Forum.
To
assist women entrepreneurs, governments must stick to their commitments,
mentioned in instruments such as the Beijing Declaration, Sustainable
Development Goals, and the Addis Ababa Action Agenda. The necessary decisions
in terms of policy, programme, and budget, must be backed by sex-specific data.
There are several examples of steps taken by countries, which are seen as ones
in the right direction. The Indonesian government passed a Presidential Decree in
2000, where gender mainstreaming was considered “a fundamental part of the function
of all government institutions” and it directed government agencies to
establish their own designs to implement the same. Malaysian National 5-Year
Development Plans and National Budgets also consider gender priorities as
central. The Magna Carta of Women is the fundamental legislation in the
Philippines, promoting gender equality. Therefore, promotion of women
entrepreneurship involves a host of policy and legislative changes and is not
restricted to a set of laws or sectors of the economy.
III.
Implementation Issues
To facilitate women’s economic
empowerment, every country must effectively implement domestic laws and
international pledges it has made. The World Bank and OECD studies[15]
have shown that marriage, and divorce laws, inheritance law, land laws and Labor
laws can establish whether women can make decisions for themselves, own or
inherit property/assets, freely travel to the work place and other decisions.
Legal systems must contain laws that are well-reasoned. This is still a
challenge. Some illustrations were cited by the speakers- In the MENA region, family
related legal framework is not in accordance with principles enshrined in the
constitution such as equality and non-discrimination. Inheritance is still
discriminatory against women, with women usually inheriting only half of their male
counterparts’. This restricts the collateral that women can offer for a loan,
that in turn negatively affects entrepreneurship.
Labour codes across the globe, still
contain discriminatory provisions. In the Latin American Countries (LAC)
region, countries like Dominican Republic and Mexico have removed all legal
restrictions on women’s work, despite the discriminatory laws that hinder equal
treatment and opportunities for women. By 2015, Africa saw only 15 countries with
legislative provisions to ensure equal hiring opportunities. While addressing
inconsistencies in the laws is important, it is much more crucial to ensure
that legal reforms are fully implemented to be able to generate equal
employment opportunities for women.
Gender mainstreaming is a relatively
new concept “that involves ensuring that gender perspectives are integrated
into the preparation, design, implementation, monitoring and evaluation of
policies, regulatory measures and spending programmes, as a means to achieve
gender equality.” It has been seen that though women face the exact same legal requirements
for registering a business, they face specific obstacles in practice that emanate
from their lack of work experience, network access and difficulty in identification
and physical access of in using safe transportation.[16] The
need of the hour is an effective and accessible justice system along with
awareness of rights, which can facilitate implementation of the law.
IV.
Women, Business and the Law 2023 findings
An annual report released by the
World Bank, called the “Women, Business and the Law” analyzes laws and
regulations impacting women’s economic opportunities and challenges in 190 nations
across the globe. The report data is available for the period from 1971 to
2023. It has eight indicators and the indicator relevant to this paper is that
of Entrepreneurship.
This indicator examines barriers to a woman’s ability to establish and
run a business. Female entrepreneurs who plan to set up a business face unequal
legal treatment that act as obstacles. Women are discouraged to become
entrepreneurs due to these obstacles they face. (68 women for every 100 men
entrepreneurs globally as per GEM 2022). The gender gap is seen to be at its
peak in lower-income economies as per the study. The COVID-19 pandemic has only
worsened the existing disparity, as women-led businesses were hit
disproportionately and less likely to receive public support. Government Policies
that promote women’s access to finance, are considered important instruments
that to enhance productivity and make women-owned firms resilient to change. Despite
high scores on the Entrepreneurship indicator, many economies continue to see women
face legal constraints in accessing finance. 101 economies are still lacking laws
that directly prohibit gender-related discrimination in accessing credit.[17]
Countries like Benin, Côte d’Ivoire, and Iraq have taken steps to eliminate
discrimination in access to financial services since October 2021. Over the
last three years, the report observed similar legislative reforms in the MENA
region. The capacity to sign a contract, set up a bank account, and register a
business freely are also crucial to empower women to be entrepreneurs.
V.
Challenges women face when entering the world of entrepreneurship[18]:
According to the Times of India,
India has the third largest startup ecosystem and is expecting roughly 150
unicorns by 2025. There has been no growth in the number of female
entrepreneurs. According to the 'Highlights of the Sixth Economic Consensus'
survey done in 2014, just about 14% of Indian women own or run enterprises.
More than 90% of women-owned businesses are microenterprises, and around 79%
are self-financed. The question here is what is still impeding women's
advancement in a century of complete female involvement and feminist ideas
dominating everywhere. Inferences taken from over 20 articles, and over 10
journals, some of the present obstacles that continue to be a barrier between
potential female entrepreneurs and their success are still found to exist,
include:
·
Stigmas such as gender discrimination and poor
treatment everywhere;
·
Society stereotypes of good and bad women, as well as
cultural constraints that create negative self-perception;
·
Socio-personal issues such as economic backwardness, society
attitude, and low risk bearing;
·
Women's lack of awareness of existing legal and
interim constitutions and rights;
·
Unavailability of collateral, finance issues, and a
lack of money;
·
Absence or a low rate of educational provision in
distant locations;
·
Government help being processed slowly;
·
High crime rates and low mobility create safety
concerns at work and in public settings.
Other than
the most general challenges that affect the participation of women in the
business world, child care difficulties, balancing between home and family
where only women are expected to perform household responsibilities alone,
without family help are also some inherent gendered reasons. If not emotional,
financial obstacles such as poor parental income, basic occupation and basic
salary, and thus minimal prospects of starting a business arise.
Production and marketing challenges
for small business owners, such as a lack of market expertise, fierce rivalry,
exploitation by middlemen, corruption in material, labour, and trading; a lack
of export market support, due collection issues, and so on.
i.
Limitations
in the field of IPR[19]:
All
women have unique experiences, and it is impossible to simplify such
experiences into a single point of view shared by all women. There is mounting
evidence that women are routinely misled in the sphere of intellectual property
laws, relegating them to a subordinate place in the legal system.
Unfortunately, IP law has failed to develop a huge number of female innovators,
making it an exclusive province of the male gender in society. History
demonstrates that numerous formal jobs in the legal genre may be associated
with women. Even if not exclusively male, men controlled many creative
occupations such as art forms, writing, engineering, science, and music. This
is a case of blatant societal inequality.
On the one hand, our
Constitution, envisions the Right to Equality under Articles 14 to 18,
specifically Articles 14, 15 and 16 of the Constitution; on the other hand,
society traps women in a narrow web by restricting, and strapping her to the
walls of the household. Intellectual property law evolved in response to such
social prohibitions. Female company owners and executives drive innovation and
advancement. When used properly, IPRs can help women entrepreneurs flourish by
allowing them to receive funding, promote their discoveries, and gain insight
of IPRs owned by others.
The contributions of
feminists to native and centuries-old traditions should be valued and
safeguarded through intellectual property regimes. Without legal protection for
inventors, innovation comes to a halt. This is why it is critical to have solid
and efficient intellectual property laws. There is significantly less economic
incentive for intellectual property owners to produce revenue. It is true that
infringement on original works would occur if it were easy to copy and sell
those works without the author's agreement or remuneration.
ii.
Limitations
within the maternity law:
Despite
reports that women are equally as committed to their careers, if not more so,
after having children, they are often treated less favourably in the workplace
than men. This discrimination is reflected in the tasks assigned to them at
work. Before women in the job can break through the notorious "glass ceiling,"
legal and social scientists have long warned of a "maternal wall" in
their path. As a result, present maternity regulations should include
provisions for post-delivery provisions for at least the next three years so
that women can engage in office and work from home facility or visit office
thrice a week to encourage participation.
iii.
Limitations
with regards to remuneration[20]:
There
have been a number of significant legislations enacted, including the Maternity
Benefits Act of 1961, the Equal Remuneration Act of 1976, and the Sexual
Harassment at Workplace (Prevention, Prohibition, and Redressal) Act of 2013,
all of which address specific issues that women face. However, there is a
glaring void in the legislation that can give voice to the whole range of
professional issues that women experience. In India, the wage disparity between
men and women is significant, with women working and earning 19% less than
males, who earn 46.19 rupees per hour more than women.
India is now rated 112th
in the Global Gender Gap Ranking, down four positions from the previous year.
Aside from the wage disparity between men and women, India has a significant
pay disparity between organised and unorganised sectors, rural and urban
locations, and employees getting a fixed wage versus hourly salaries. Even
though India's per capita income has climbed dramatically, it appears to have
had little impact on the gender wage gap. In the current economic situation,
the growth in discriminatory rates has resulted in a widening of the wage
difference. As instances of discrepancy between workers and labourers executing
the same activity in the same position in the same workplace have been noticed,
this has become a major source of concern.
iv.
Limitations due to sexual harassment[21]:
In
contrast to the optimistic notion that the market is a more open and dynamic
place for female business owners and workers, we must analyse a slew of
evidence of ongoing disadvantage encountered by women in both acquiring access
to resources and, more specifically, access to quality employment. There is
little evidence of change in the gender division of labour per se (Women's Unit
2000), but there is more evidence of the use of substitutes for domestic labour--in
the form of goods and services--and of reductions in the quantity of domestic
labour required as a result of falling birth rates (but offset by rising
elderly dependency ratios). Gender discrimination persists, but it may return
in new shapes and guises, such as sexual harassment, financial inequality based
on gender, ethnicity, and other criteria, stereotype bias, masculine dominancy,
and so on.
For society as a whole,
sexual harassment impedes the accomplishment of gender equality by condoning
sex discrimination and sexual violence, and has negative consequences for the
country's overall growth and people's well-being. As a result, preventing and
responding to sexual harassment is in the best interests of society. Women are afraid
of being victims twice over if they speak out about sexual harassment, first by
complaining and then by being victimised for complaining.
Employers must recognise
that sexual harassment in the workplace violates a worker's right to live and
work with dignity, and they must ensure that a mechanism is in place to provide
clear instructions about who to approach when sexual harassment occurs, the
procedures that will be followed, and the length of time for investigation.
Sexual harassment underreporting, as well as fraudulent and vexatious
complaints, are significant barriers to the application of sexual harassment
regulations in India.
This provides us with information
about the current and developing challenges impacting women's employment. It is
evident that both access to employment and job quality must be considered. It
is vital to achieve decent work if the workplace is free of discrimination and
violence. Non-discrimination and equality are widely regarded as essential
components of any human rights protection system, and are inscribed in the
constitutions and treaties of the majority of countries. Non-discrimination,
equal opportunity, and treatment are considered basic human and labour rights
in the workplace, and are necessary for social fairness and long-term
development.
VI.
Recommendations & Conclusions:
An
effective and practical women-centric Industrial strategy is needed to
accelerate women entrepreneurial growth. Some of the constructive and possible
strategies that can be implemented are educating women in both urban and rural regions
about their rights, which would give them the ability to make better judgments
and boost their self-confidence, in turn boosting economic growth. One way of
doing this is by implementing government policies and schemes like the ones
highlighted in this paper. Intellectual Property Laws, Family Laws, Property
Laws, etc. are a few areas that need to be redrafted in a way that helps combat
gender bias and bring women on an equal footing with men.
When men
and women are said to start on uneven grounds, with women facing several obstacles
in their course, the society needs to shift itself from the traditional
perspective it still prides itself on upkeeping and move to a modern, unbiased
perspective where the ground is levelled equally for both genders to plan,
start and establish themselves. This paper has highlighted several challenges
and suggestions to address the obstacles that women face when they start
dreaming of participating in this world of entrepreneurship. And although
countries across the world run at their respective paces when it comes to legal
reforms, the ones at the forefront of this race are still lacking when it comes
to proper implementation that helps reduce the gap we can still see when it
comes to innovation and business. To achieve and realize the broader goals of
access to justice for women, identifying the different legal, economic,
practical and social obstacles across multiple dimensions would be the most significant
step mankind could take.
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Article Information
WOMEN ENTREPRENEURSHIP: LEGAL PROSPECTS, IMPLICATIONS, CHALLENGES
Authors: MRUTHULA IYER, INSHA SHAIKH, KETAKI RAO
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/02
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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