Open Access Research Article
WOMEN’S RIGHTS AT WORKPLACE
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WOMEN’S RIGHTS AT WORKPLACE
AUTHORED
BY- ISHA JAIN
(ASSISTANT
PROFESSOR, BDS SCHOOL OF LAW, MEERUT)
“A nation could not advance if women are left behind just as a bird
cannot fly on just one wing”.
India is the world’s largest
democratic democracy and a welfare state that values social justice and strives
to give the best services to the greatest number of people. India is a country
full of contradictions. On one hand worshipping of goddess is common in India
and on the other hand the number of crimes against women has risen dramatically
both in public and private sector.
Women’s rights were always a priority
for the social reformers like Raja Ram Mohan Roy, Ishwar Chand Vidyasagar etc.
women were the most vulnerable group in the British India and reform movements
began in the early nineteenth century. During the colonial rule, women’s
education received support from the social reformers of that time. A well
educated woman might be a better role model for her children since she will
have a higher degree of the awareness which will benefit the future generations
of the society.
Over the last decade, there has been
a rise in discussion on women’s rights in the workplace and in the society as a
whole, fueled by recent incidents in the business spheres. We live in a society
that considers women to be the weaker sex. We can assist every women realize
that she can do so much in a work environment if we can help her realize that
she can do so much in a workplace despite the obstacles of prejudice and bias.
In today’s world, there are women who
have made significant contributions in every field of the society. Women are
protected by the Indian Constitution and the Indian government has established
various laws and measures are implemented to enhance their situations. However,
women continue to confront apparent and invisible discriminations in their
fields such as workplace harassment, molestation, dangerous roadways etc.
*HISTORICAL EVOLUTION OF WOMEN’S
RIGHTS IN INDIA:
a) ANCIENT INDIA-
Women were never seen as having a
strong sense of independence. The Manusmriti illustrates how women are
subordinate to males. In vedic era, women shared a status with men. They were
allowed to read the Vedas and participate in philosophical discourse; certain
rigvedic songs were even composed by the women. The post vedic period
particularly the dharmarsahtras, demonstrated the degrading state of women’s
status: the social norms and political baseof the time severely undermined
their financial, social and political rights.
b) MEDIEVAL INDIA-
Along with the social, religious,
economic and political structure of medieval India, the status and rights of
women can be divided into four classes: the elevated condition in the mughal
courts was enjoyable for the royal women. Some of the ladies from the
sovereignty were even given training in political management and combat. The
women in their society were fully dependent on the men economically. Despite
the fact that they owned a lot of property, they were not eligible for any
offer in the property.
c) MODERN INDIA-
There are numerous factors that have
contributed to the extremely significant advancement changes in this area since
independence in India. The main contributing factor has been social and
economic emancipation. Women are no longer seen as a child bearing machine and
prostitute in the home instead they have a acquired a new social standing and
new social structures, demonstrating the genuine progress that has been done
throughout the time in terms of the origins of women’s status and their role in
the society.
*CONSTITUTIONAL MANDATE:-
Article 14, 15, 19(g) of the Indian
Constitution contains the notion of equality which grants the fundamental right
to work. Article 21 of the Indian Constitution refers to the right to life and
individual liberty includes the choice to live in nobility. For women, this
means that they should be treated with respect, decency and dignity in the
workplace. Women are guaranteed equal protection under the law in terms of equality,
liberty and dignity. Women have practically all of the fundamental and other
constitutional rights according to the constitution.
*STATUTORY PROTECTION:-
Under the penal laws, not only do the
Indian women’s criminal laws protect them against rapes, dowry deaths,
stalking, sexual harassment, assault and kidnapping etc. but they also create a
female friendly environment and also cover provisions for maintenance.
According to labor laws, women are
not permitted to work n mines at times that are unsafe for them. It also allows
for equal compensation to be paid to both male and female members of laboring
community.
[“The right to be protected from
sexual harassment and sexual assault is one of the pillar on which the very
construct of gender justice stands.” – Justice Verma Committee.]1
*JUDICIAL RESPONSE TO THE RIGHTS OF
WOMEN AT THE WORKPLACE IN INDIA:-
Since the beginning of time, women
have been discriminated in countless ways. Women have experienced several
humiliations and harassment. This was more so in case of Indian women as they
had by training, temperament and traditions imbibed the quality of tolerance
and adjustments. Women required protection from the horrors committed by men
since they are physically weaker than men.
India’s courts, notably the Supreme
Court have occasionally rendered significant rulings for the benefits and
protection of women. The law established by the courts is like a breath of
fresh air giving comfort to the women and in doing so the constitutional courts
have not hesitated to go beyond the strict judicial bounds and establish such
laws that in the opinion of certain opponents and observers may amount to the
legislation. The Indian courts in contrast to those in other nations have
always taken a more proactive and constructive approach. Judges of India’s High
Courts and Supreme Court who are socially conscious have made remarkable
observations that have brought attention to the mistreatment of women.
The amazing statement of the
judiciary’s duty in preventing crime against women is as follows-
[“A socially sensitized judge in our
opinion is a better statutory armor in cases of crime against women than long
clauses of penal provisions containing complex exceptions and provisos.”]2
SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE:
It is brand new offence that has been
increasing steadily in India. Two separate and dangerous tendencies are a
result of workplace harassment. Firstly, women are forced to experience
violence because they are unprepared to handle it. Second, there are several
misconceptions and false information about women’s abilities to perform well.
As a consequence, the courts too
confined that a cumulative understanding based on plain reading of Article
15(1) and Article 15(3) of the Constitution of India provides that state cannot
discriminate in favor of men against women rather to put it the other way round
the courts permitted discrimination so far as it would be beneficial to women.
However, when women were able to get themselves into jobs that were
traditionally men’s domain, they had to deal with discrimination and
harassment.
In Vishaka vs. state of rajasthan
(1979SCC 260) certain social activists and NGOS brought a writ petition under
Article 32 of the Constitution of India by way of PIL before the Supreme Court
for the enforcement of the fundamental right of working women under Article 14,
19, 21 of the Constitution of India in view of the prevailing climate in which
the violation of rights is no uncommon. In addition to increasing measures to
prevent such violations and growing dissatisfaction towards instances of sexual
harassment, there is a rise in gender justice awareness and emphasis.
The bench consisted of the Chief
Justice J.S. Verma, Mrs. Justice Sujatha V. Manohar and Justice B.N. Kerpal
which laid down guidelines and norms for the effective enforcement of the basic
human rights of gender equality and guarantee against sexual harassment at
workplace.
The Supreme Court of India expresses
that enacting such legislation would take a long time and that the current
civil and criminal rules do not adequately protect women from sexual harassment
at workplace. In order to ensure prevention of sexual harassment of women it is
important and expedient for employers in the workplace as well as other
responsible people or organizations to respect principles such as:-
1. It shall be the prime responsibility
of the employer or any other responsible person at the workplace to eliminate
and discourage the sexual harassment at workplace.
2. To offer relief for the resolution or
the prosecution of sexual harassment acts by taking all authoritative and necessary
actions against the wrong doer strictly.
Sexual harassment includes such
unwanted and undesirable sexually determined behavior such as:-
a.) Physical contact
b.) Demand or request for sexual favor
c.) Sexually colored comments
d.) Showing pornography
e.) Any other solicited physical, verbal
or non-verbal conduct of sexual nature.
PREVENTIVE STEPS:-
All the organizations or workplaces ,
whether in the public or private sector who have women employees should take
the necessary precautions or measures to prevent sexual harassment such as:-
a.) It is important to notify, advertise
and disseminate the sexual harassment in the appropriate means.
b.) The prohibition of sexual harassment
should be governed by laws and regulations that are strictly followed to and
which also includes appropriate sanctions against offenders.
c.) To the fullest extent possible, women
employees should be given suitable working circumstances.
d.) When such conduct constitutes a
specific offence under the Indian Penal Code (IPC) or any other legislation, the
employer must take the proper legal action by lodging a grievance with the
relevant authority.
CONCLUSION: -
The position and status of women has
been a very dynamic concept since ages. Women around the world have experienced
all facets of life, from the glory and respect accorded to her during the vedic
period to the denial and subordination experienced during the post-vedic
period, and finally to the struggle for equality recognition and survival in
the modern world. She is the foundation of a family and makes up half of the
population of the nation. She is entitled to equal rights, regardless of any
form of prejudice. Many constitutional provisions for the empowerment of women
were introduced after independence. Following it, a number of legal provisions
were enacted for their welfare and the defense of their rights. After that,
several government initiatives both at national level and at state level,
plans, policies and programs were launched for them. For women’s empowerment, a
variety of NGOs, social welfare commissions and women’s organizations were
activated. The Indian government is promoting gender equality and women’s
empowerment through a number of outlets. For gender equality and justice in
India, government organizations, concerned authorities and NGOs all are playing
their roles. On the other hand, many honorable social activists quietly make
their contributions to the society.
In India, there are also a few
instances of groups of women that collaborate to advance women’s rights. ‘Gulabi
Gang’ is a community of women who unite tighter to fight for justice for abused
and oppressed women.
1. http://racolblegal.com/sexual-harassment-of-women-at-workplace
2. https://www.lawyersclubindia.com/articles/judicial-culture-of-cut-paste-2978.asp
Article Information
WOMEN’S RIGHTS AT WORKPLACE
Authors: ISHA JAIN
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/08
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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