Women in India from antiquity were accorded the most exalted and respectful
place in the society. During the post Vedic period they were confined within the
four walls of the house and their role remained restricted to the traditional
household work for cooking, maintenance of home and rearing of children. They
were not supposed to seek any gainful employment outside the family. This
hindered the economic development and reduced their social problems.
But due
to industrialization and urbanization new social norms and values emerged.( Job
opportunities, economic hardship and favorable cultural and social situations
encouraged cultural and social situation encouraged women to seek employment
outside the home.) After independence of the country the number of women to come
out of their houses for work increased day by day. Although entering of women
into work forced raised their economic and social status, yet it give rise to
many problem and difficulties to them by way of exploitation, discrimination and
dismal working conditions.
The problem of difficulties got multiplied due to
their peculiar social, biological and psychological conditions and due to their
illiteracy and ignorance. To undo the discrimination and exploitation, their
arose a need to provide them some security and protection through law i.e.,
Constitution of India( Article 14, 15, 16, 23, 39, 43 and 46) which are provided
for protection and security to women workers.
The protection are provided
through different Plans, Program, Policies and Schemes of the Government. The UN
system has been playing important role in the process of bringing awareness
about women's unequal position in society. (The International Labour Organisation has stressed that the interests of women as workers are generally
indistinguishable from those of men and it has gone further in emphasizing that
a women workers should be given special attention as they have special
difficulties which drive from their functions in the family and social attitudes
and customs.)
The Government undertook various legislative measures for
protection to women workers: The Factories Act, 1948, The Mines Act, 1952, The
Maternity Benefit Act, 1961, The Equal Remuneration Act, 1976, The Payment of
Wages Act, 1936, The Workmen's Compensation Act, 1923 etc.,
Statement Of Problem
It has been found that the protective measures taken by the Government such as
separate toilets and washing facilities, drinking water etc., are not either
provided or not adequately maintained. There are virtually no medical facilities
and maternity benefits. The laws, policies and welfare system that are proposed
for women workers cannot be effective unless they themselves are conscious of
law and acquire the strength to ensure that laws are brought into force and the
organs of public opinion and movement and organisations mount vigil and
intercede to ensure that the provisions of the laws and welfare system are acted
upon.
Introduction
One of the greatest thing is that the women facing the problem relating to the
rights and privileges of women in India. From ancient to still today, women are
struggling to find her social status and a respectable place in the society at
the time Indian women were in a need of some laws in order to improve their
social position and to ensure proper safety against mental and physical torture.
At that time Dr B.R. Ambedkar took certain constructive and much needed steps in
favour of Indian women. Due to the revolutionary changes brought by our
constitution and efforts made by Indian women, they have earned themselves a
respectable position in the society and as a result they are treated equally
with men. The constitution not only grants equality to women, it gives the
measures and solution for the problem of women's and also empowers the state to
adopt measures of positive approach in favour of women.
The Constitution of India mandates that women must be treated as equals and
prohibits any discrimination against women in all areas, including education,
vocational training, skill development and employment. Our Constitution also
protects the rights of women workers by ensuring that their health and safety is
duly protected in the course of employment, particularly those of pregnant
women.
The Constitution also safeguards the dignity of women workers and ensures
that they are provided a safe working environment free of sexual harassment. In
order to fulfil the constitutional mandate all labour laws contain special
provisions regarding the health and safety of women workers by regulating their
working hours and by reducing the burden women have to carry. Recently a special
law has been enacted to protect against sexual harassment at the workplace.
Factors affecting employment of women:
Social factors:
- Social Attitude: It is the most important factor and also responsible
for low level of women's employment. Such an attitude which does not
encourage women for employment has its root in the particularly existing in
the society since ages. It confined them to play the role of home maker.
Social ethos and perception control and essentially constrict women' work. (There are different
standards of human behaviour for men and women in social sphere and women's
participation in employment outside home is inappropriate, undesirable and
potentially dangerous to their chastity and womanly virtue.)
- Traditions, customs and taboo: Families still believe not to allow girls
to work for income. If they are allowed to work, their income is not meant
to run the house. Fathers are reluctant for their girls employment in the
first instance, and against utilising their money for household express. Customarily
female children are discouraged to go out of town for education and particularly
for employment(Again economic compulsions are weakening such traditions and
customs but not enough to mend them). A number of jobs are just like taboo in
our society and women either discouraged or legally barred from employment. Ex:
taxi, truck or auto driving is not meant for women in India as these jobs are
not considered safe. Women are movers in the society but earth moving jobs are
denied to them.
- Marriage: In our society, marriage seriously undermines employment of a
female. Consequently she enters late in the job market or makes re- entry
because they have sometimes, discontinue their employment on account of
marriage. This particular custom has priority over everything and marriage
comes first in case of females and as a result they lose employment for this
and they face the problem of re-entry or late entry into labour market.
- Domestic chores: Since ancient time women's prime responsibility has
been domestic chores as if they are meant for it. It adversely affects the
employment prospects. They have to do only those jobs which would give them
enough time for domestic chores. Women try to avoid assignment in job which jeopardise their domestic activity and schedule which ultimately affect their
options in employment and promotions.
- Immobility: Lack of mobility either because of household chores or due
to inadequacy of arrangement for care of children does restrict employment
of workers. For men occupational diversifications and mobility are not very
difficult proposition, but for women it is great galling. Women cannot
easily move to other places because of family obligation, low skill. But
when men move, all the family responsibilities come to the shoulder of
women. Women have immobility in terms of space, time and energy. Similarly
their mobility in terms of time also gets affected during pregnancy and few
months after delivery of baby.
- Child care: Indian society has tradition of assigning responsibility,
partially of not fully to female children to look after young siblings in
the family since female children are asked to take care of their young
siblings, even in their childhood. Bearing and rearing children compels them
to compromise with their employment.
- Dependency: The way female children are brought up in our society,
especially in villages and towns that they become dependent on male persons.
When they travel even as grown up, females depend on some male member of the
family. It makes them to remain confined to their place and hence restricts
their employment opportunities and options.
- Accommodation: Women who gets jobs on employment out of their town face
the problem of accommodation from the point of view of safety and security.
Those who are in employment and have transferable job find it difficult to
move so far away due to fear that they may not get a suitable
accommodations. Therefore women try to avoid this situation at the cost of
their employment and at the same time there are limited working women
hostels. They prefers to work locally available. It becomes a hindrance in
employment for women.
Economic factors
- Education: In general Indian still tend to think of the education and
careers of boys as more important than those of girls, for the simple reason
that boys inevitably become the primary breadwinners of their own families
when they marry. Investment in education gets priority for male children in
Indian society. Female children rarely get preference in the matter of
education especially at tertiary levels. Parents usually compromise for the
quality of education and expenses in case of female children as they invest
just to educate them and not from the viewpoint of employment. Education of
girls is increasing their value in the matrimonial market and on the
contrary male children education aim at their career and hence the best
possible education is provided to them.
- Training: Job oriented courses of elementary nature are generally
preferred for females rather than males. Women are largely in computer
courses, boutique and fabric painting and similar elementary courses which
lead them to low paid jobs and land them in the secondary segment of labour
market. Therefore, women's advancement in employment is generally hampered.
Exclusive women training programmes are very few at least in the private sector.
- Unionism: Women generally lack unionism as they have dual
responsibility. Lacking unionism among women workers make them relatively
vulnerable and does not inspire to fight against sex based problems such as
reservations in promotion and training programmes. As a result discrimination
against women could not be eliminated in India.
- Infrastructure: Lack of infrastructure and other facilities is hindrance
in women's employment. Even collateral rule does not accept women as
guarantors unless they have fixed their assets in their names. A
discriminatory approach to provide infrastructural facilities to women is
commonly observed in India. It also hampers their employment prospects.
- Payment: The assumption that women are not primary breadwinners and that
they provide only supplemental income to their families has resulted in
their extensive exploitation. Low payment offered to women has confined them
to the lower cadre in employment. In addition, the contributions of women
make to the running of the home and family businesses( maintaining vegetable
plots or poultry) are often rendered invisible, because this work is not
formally paid and generally is taken for granted. Of all employed women, a
greater number work in public sector, where wage discrepancies tend to be
far more than in private sector. In small cities and towns women teachers
get less remuneration than the minimum wages paid to men workers. Wage
discriminate discourage them to go for performance and hence their career
advancement get blocked.
- Supplementing Income: The women join the employment when economic
condition of the family so demand or warrant and they are withdrawn when
solvency permits. Women work during economic distress of the family, they
are asked to lend helping hand to its survival. Women work is exclusively
for the family rather than for their own sake and sustenance. They enter job
market when male's earning become inconsistent, inadequate or withheld.
Recruitment option exercised by the family limits women's flexibility in the
labour market.
- Technological Development: When a new technology is introduced to
automatic specific manual labour, women tend to lose their jobs because they
are confined to and are responsible for the manual duties. Studies have
shown that technological change has eliminated many jobs traditionally
performed by women and alternative job opportunities have not been created
for women at the same rate as for men.
- Gender Based Division Labour: The gender based division which has
extended from household work to work outside the home. Women are primarily
involved in agriculture activities which require less skill and more back
breaking and low paying work. Even in industries in which women are employed
in large numbers like textile, export oriented industries like garments,
electronics, building and construction industry gender based division of
labour can be seen. Though India has a large number of labour laws, they
tend to ignore women's experiences and their outlook tends to be
paternalistic.
Women Rights under Indian Labour Laws
Labour law apply to that area of activity where workers are working under a
contract of employment. Working women form a major thick peak of society. The
women workers need special protection and equal treatment under the law. To
protect the women, many legislative provisions have been provided in almost all
labour statutes which address problems of women labourers in their employment
situation. The legislation relate to regulation of employment in dangerous
occupations, prohibition of night work, restrictions on carriage of heavy loads,
wages, health, gratuity, maternity relief, equal pay for equal work, social
security, etc.,
The rights contained in the labour laws has been divided in the
following heads:
- Measures in regard to health safety and welfare for women: Unless the
workers are physically and mentally healthy they cannot perform their duties
effectively. The basic aim of the welfare services in an industry is to
improve the living and working conditions of workers and promoting the
physical, psychological and general well being of the working population.
Thus, it is necessary to adopt measures to maintain their health and to
provide safety and welfare measures to the women workers and regulate their
working condition.
There are various labour laws which deals with health, safety and welfare to
women workers which are as follows:
The Factories Act, 1948:
The Act was drastically amended in 1987 whereby
safeguards against use and handling of hazardous substances for setting up
hazardous industries were laid down like latrine and urinal facilities
separately for men and women, prohibition of work in hazardous occupations
where it provides that no women shall be allowed to clean, lubricate or
adjust any part of a prime mover of any transmission machinery, lubrication
or adjustment which would expose the women to risk of injury from moving any
part either of that machinery, washing and bathing facilities are provided
for women workers and shall be kept clean, creches (It is a nursery and a place where babies of
working women are taken care of while the mothers are at work) which provides
that in every factory there shall be a suitable room for the use of children
under the age of 6 years of such women and should be adequately clean,
ventilated, accommodation and sanitary condition, Hours of work which provides
that the daily hours of work of adult workers have been fixed at 9(Section 54 of
the Factories Act, 1948)but sometimes men can work for more time but it does not
permit women workers to go beyond the limit, maximum permissible load,
prohibition of night work and may other safety measures.
Pearson v Belgium Co LTD.(1896) 1 Q B 244:The question was whether stationary
parts of a machine can be cleaned by women if the machine as a whole is in
motion. It was held by the court that if machinery as a whole is in motion even
stationary parts of the machine cannot be cleaned by woman.
Richard Thomas and Baldwins Ltd. V Cummings(1955) 1 AII ER 285:The court
observed that there would be no breach of statutory duty if an injury occurs
while the machinery is unfenced, if the power is cut off and the machinery is
under repairs and the parts are not in motion but are moved by hand for purposes
of repairs.
The Mines Act, 1952:
The Act has been enacted to amend and consolidate
the law relating regulation of labour and safety in mines. Mines means any
excavation where any operation for the purpose of searching for or obtaining
minerals has been or is been carried on and includes all open cast workings,
railways, tramways and sidings belonging to a mine, all levels and inclined
planes, all shafts belonging to a mine. It includes prohibition of night
work which provides that women should be allowed to work between the hours 6 a.m and 7 p.m.
and there should be an interval of not less than eleven hours between he
termination of employment on any one day and the commencement of the next period
of employment, prohibition of work in hazardous occupation, creches, latrine and
urinal facilities and other general provisions
The Plantation labour Act, 1951:
The Act regulates the condition of work
of plantation workers and provides for their welfare.( Plantations means nay
plantation to which this act applies and includes offices, hospitals,
dispensaries, schools etc used for any purpose connected with such
plantation but does not include factory.) It also includes prohibition of
night work, creches, latrine and urinal facilities and many other general provisions.
Building and other Construction Workers' Regulation of Employment and
Conditions of Service Act, 1996:
The purpose of this Act is to regulate the
employment and conditions of service of constructions workers and to provide
for their safety, health and welfare measures. The special feature of this
act is that it covers all private residential buildings if the cost of
construction is more than one lakh rupees. Building and other construction work is defined as
construction, repairs, etc., It include special provision like latrine and
urinals, accommodation, creches and other general provisions.
The Beedi and Cigar Workers(Condition of Employment) Act, 1966:
The purpose of
this act is to provide for the welfare of workers in beedi and cigar
establishments self-employed and regulation of work conditions. The Act applies
to all employees in beedi and cigar establishments except self-employed persons
working in their own houses. It includes prohibition of night work, creches,
latrine and urinal facilities and other general provisions.
- Social Security Measures for Women: Social security is a basic need of
all women regardless of employment in which they work and lie. Women have to
face various contingencies when they involved in employment such as
sickness, maternity, disablement, employment insecurities and risks. They
constitute an important step towards the goal of a welfare state by
improving living and working conditions and affording the women protection
against the uncertainties of the future.
The various legislations measures adopted by the Government and which
provide protection to the women workers in certain contingencies are as:
The Maternity Benefit Act, 1961:
The Act was passed with a view to
reduce disparities under the existing Maternity Benefit Act and bring
uniformity with regard to rates, qualifying conditions and duration of
maternity benefits. The Act repeals the Mines Maternity Benefit Act, 1941,
the Bombay Maternity Benefit Act, 1929, the provision of maternity
protection under the Plantation Labour Act, 1951 and all other provincial
enactments covering the same field.
The Act does not apply to factory or
establishment to which the provisions of Employee's State Insurance Act,
1948 applies except as otherwise provided in Section 5A and 5B of the Act.
The Act seeks to regulate the employment of women in certain establishments
for certain periods before and after child birth and to provide maternity
benefit and certain other benefits to women workers.
It applies to every
establishment being a factory, a mine or plantation including any such
establishment belonging to Government and to every establishment wherein
persons are employed for the exhibition of equestrian, acrobatic and other
performance. It includes restriction on employment of pregnant women which
provides that no employer should knowingly employ women during the period of
6 weeks immediately following the day of her delivery or miscarriage or
medical termination of pregnancy, Right to payment of Maternity Benefit
which provides that they will be liable for payment to them at the rate of
average daily wages for the period of actual absence immediately preceding
and including the day of her delivery and for six weeks immediately
following that day.
It provides that a woman shall be entitled to maternity
benefit for a maximum period of 12 weeks of which not more than six weeks
shall precede the date of her expected delivery, protection against
discrimination, leave for miscarriage and illness (they will
be entitled to leave the wages at the rate of maternity benefit for a period of
6 weeks immediately following the day of her miscarriage or medical termination
of pregnancy), leave for illness ( leave for a maximum period of one month with
wages at the rate of maternity benefit are allowable in case of illness out of
pregnancy), increase maternity leave to 6 months (The Sixth Commission has
recommended enhancement of maternity leave upto six months.
The Maternity
Benefit Act, 2017 allows having a maternity leave for 26 weeks for biological
mothers and for mothers who have adopted a child could got a leave for 12 weeks.
The Commission has proposed enhancement of maternity leave from 135 to 180 days
for two children and further continuation of leave upto two years for the same
purpose with creche facilities that can be contributory, nursing breaks(every
women who returns to day after delivery of child, shall in addition to the
interval of rest allowed to her, be allowed in the cause of her daily work, two
break of 15 minutes duration each child for nursing the child until the child
attains the age of 15 years, no deduction of wages( The employer should not make
any deductions from the normal and usual daily wages of a woman entitled to
maternity benefit rarely due to the light nature of work assigned to her or for
the nursing breaks allowed to her.
Municipal Corporation of Delhi v Female Workers (AIR 2000 SC 1275):
The Supreme
Court declared that the maternity benefit is applicable to casual workers and
daily wage workers also. In this case the question was whether the muster roll employees (which are casual and daily wage employees) of municipal corporation
are entitled to maternity benefit. There is nothing in the Maternity Benefit Act
which entitles only regular women employees to the benefit of maternity leave
and not to those who are engaged on casual basis or on muster roll on daily wage
basis.
Sexual Harassment:
Sexual harassment is not only viewed as a
discrimination problem related to safety and health, but also as a violation
of fundamental rights and human rights. It is offensive at a very level and
in a way undermines the right to equal opportunity and equal treatment of
women at the workplace. The first and foremost effort ought to be to prevent
the occurrence of such harassment in the first place, but in the event that
such harassment does occur, it ought to be punished and the victims
protected.
Women are often unaware of their rights and also many a time keep
things quiet in fear of losing their jobs. Employers need to be more
proactive about spreading awareness and fighting against sexual harassment
at the workplace. Employers and trade union ought to take more active steps
towards the prevention and punishment of such activities. This can be done
through policies and procedures adopted within the industry itself.
There
should be an adequate complaint, mechanism, disciplinary rules, sexual
harassment, awareness, defence training, and communication strategy. The
71st session of the ILO Conference 1985 adopted a resolution on the matter which
states �sexual harassment at the workplace is detrimental to employee's working
conditions and to employment and promotion prospects. Policies for the
advancement of equality should therefore include measures to combat and prevent
sexual harassment.
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
The Sexual Harassment at workplace Act of 2013 is a special Legislation aiming
towards providing a safe and hostile free environment at work to women. An
effective implementation of the Act will contribute to the realization of their
right to gender equality, life and liberty, equality in working conditions
everywhere. The sense of security at the workplace will improve women's
participation in work, resulting in their economic empowerment and inclusive
growth. The Act is gender specific to only women.
The Workmen's Compensation Act, 1923:
It deals with cases of an
accident, or some disease occurs at workplace resulting in death or
disability of women workers is not merely a financial loss, but also of
house keeping function. The rate of compensation in case of death is an
amount equal to 50 percent of the monthly wages or an amount of Rs 80,000 whichever is more. But mainly we will
deal with the legislations for the women workers are:
Minimum Wages Act, 1948:
It is primarily designed for the
protection of workers in the unorganised sector, where majority of women work. It is to
provide minimum statutory wages for the scheduled employments with a view to
obviate the chances of exploitation of labour through payment of very low and
sweating wages. It also provides for the minimum daily working hours, weekly
rest day and overtime.
Sanjit Roy v State of Rajasthan (236):
The court held that every person who
provides labour or service to another is entitled atleast to the minimum wage
and if anything less than the minimum wage is paid to him, he can complain of
violation of fundamental rights under Article 23 and ask the court to direct
payment of minimum wages to him so that the breach of Article 23 may be abated.
Payment of Wages Act, 1936:
It was enacted to regulate payment of
wages to workers employed in industries and to ensure a speedy and effective
remedy to them against illegal deductions and unjustified delay caused in
paying wages to them. Wages includes all terms of money and payable to the
employee including any sum payable for termination of service, wages in lieu
of holidays or leave, overtime wages and bonus payable.(It does not include value of any
house accommodation, supply of light, water, medical, contribution to any
pension travelling etc.,
Equal Renumeration Act Safeguard Women's Right, 1976:
Part IV
relating to the Directive Principles of State Policy Article 39 of the
Constitution envisages that the state shall direct its policy, among other
things and every employer is under a legal obligation to pay the same wages
for men and women if they perform the same work or work of a similar nature.
The Act is now applicable to almost every kind of establishment. Even if it
is being performed at different places, the salary has to be the same. An
employer cannot discriminate against women while recruiting unless
employment of women is prohibited or restricted by law. Thus, in matters of
recruitment, promotions, training or transfer, the employer is prohibited
from discriminating against women.
The responsibility of ensuring that the provisions of the Act are strictly
followed and also that there is no discrimination between men and women in
the sphere of recruitment, promotions and training lies with the employer.
It is also the responsibility of the employer to maintain proper registers,
documents or must rolls etc., which can be scrutinised by the labour officer
the district. Any woman who faces discrimination in these aspects can file a
complaint before the labour officer of her area. Thus in Air India case (Air
India v Nargesh Meerza, Air 1981 SC 1929) the judiciary has played an
active role in enforcing and strengthening the Constitutional goal of equal
pay for equal work.
Sanjit Roy v State of Rajasthan (AIR 1988 SC 238):
The Supreme court directed the
State government not only to pay the minimum wages but also to pay wages in
accordance with the principle of equal pay for equal work to both men and women
worker engaged in famine relief work.
Bhagwan Das v State of Haryana (AIR 1987 SC 2040):
The Supreme court was of the
view that persons doing similar work cannot be denied equal pay on the ground
that mode of recruitment was different and a temporary or casual employee
performing the same or similar duties and functions is entitled to the same pay
as that of a regular or permanent employee.
The Supreme court held that equal wages will be payable even to casual workers
engaged through contractor when they are doing the same work.(FCI v Shyamlal K
Chatterjee, 2000 LLR 1293 SC)
Cases
Madhu Kishwar and others v State of Bihar and others(1992, SCC 102):
The
petitioners who were members of Oran tribes of Bihar challenged the Chhota
Nagpur Tenancy Act, 1908 on the ground that under the said Act the succession of
property was confined to male only. It was contended by the petitioner that that
the Act was violative of fundamental rights to equality. The court held that as
citizen of the country, the female members of these tribes were entitled to
Constitutional guarantee given to them under Article 14. However instead of
deciding the case on merits the court directed the state of Bihar to explore the
possibilities of inheritance to female also.
Air India v Nargesh Meerza (AIR 1981 SC 1829):
The court held that the termination
of service on pregnancy was unreasonable and arbitrary and was therefore,
clearly violative of fundamental right Under Article 14 of the Constitution.
Having taken in service and after having utilised her services for four years to
terminate her service if she becomes pregnant amounts to compelling the poor air
hostess not to have any children and thus interfere with and divert the ordinary
course of human nature.
Dattatreya Motiram v State of Bombay (AIR 1953, Bom 311):
Chief Justice Chagla held
that as per Article 15(1) and 15(3) the state could discriminate in favour of
women against men, but it could not discriminate in favour of men against women.
State of Kerala v K. Kunihipacky (AIR 1965 Ker 108):
The question of preferring
female lectures in state colleges exclusively for women came under picture. A
male lecture claimed that a female lecture junior to him in experience had been
promoted to a professorship in the same department, violating Article 16.
Traditionally, only females had been appointed to teaching position in women's
colleges when available. The state argued that since the preference of females
in women's colleges was an established practice, preference for a female teacher
was proper. The court held that while the preference of women in women's college
was not unreasonable given the general inequality between sexes, seniority
cannot be overlooked, directing the government to reconsider the promotion after
the contestant presented reason to support their promotion.
In effect the court
held that females can be given preferences over male in women colleges, a
conventional practice but, once appointed, senior male and female employees of
equal calibre should be promoted. The question arises would the court take the
same step if a female claimed discrimination in men's college where most
employees are men, the answer is probably the court would upheld the convention
of extending preferences to men in men's college.
Mrs. Sivanarul v The state of Tamil Nadu and others(1985 II LLJ 133):
The court
held that an order of termination of the services of a lady teacher serving in a
private school recognised and aided by the Government, based on a clause in the
contract of service, on the ground that she got married was not only obnoxious,
but also opposed to public policy and bad.
Mohini Philip v Union of India and others(1993 (II) LLJ 182):
The petitioner was
working as a nursing officer in military service was ordered to be released and
relieved from service on the ground of marriage. The court held that irrelevant
consideration have been taken into account to order the release on marriage
ground only. Thus, the order was arbitrary and unreasonable and quashed the
order of termination. It further held that there is a circular which provides
for assessment of standard of performance after marriage not violative of
Articles 14 and 16.
Conclusion
The above study brings the conclusion that the dignity of women in society
provides an exact measure of the development of society. Now a days women engage
themselves in agriculture, plantation, mine beedi, crafts, home based work etc.,
But unfortunately there are various factors that have caused women lagging
behind men like social attitude, traditions, custom, marriage, gender based
division labour, lack of confidence, sexual harassment fear.
Women workers at
work place face the problem of low and discriminatory wage, exploitative working
conditions etc. It can be concluded that women workers conditions cannot be
improved unless they are giving special protection and the governments have paid
due attention towards miserable working and living conditions of women. The
Constitution of India has given special attention towards the needs of women to
enable them to exercise their rights on an equal footing with men and
participate in national development. It also aims to creation of an entirely new
social order where all citizens are given opportunities for growth and
development and where no discrimination takes place on the basis of race,
religion, sex, caste, colour, etc.,
It can be seen from the multiple special provisions made for the welfare of the
women that both at the national and international levels, there has been a
movement towards the empowerment of women in labour laws. There has been a clear
move towards making equal pay, equal access to opportunity, prevention and
redressal of sexual harassment and provision of maternity benefits a reality in
India.
Women represent half the world's population and gender inequality exists
in every nation on te planet. Until women are given te same opportunities that
men are, entire societies will be destined to perform below their true
potentials. The greatest need of the hour is change of social attitude. Women
are generally unable to give proper and quality time to households, kids and
family. Working women generally face workplace sexual harassment, mental
pressure and safety issues. Women face problems leaving kids at home and going
to office early in the morning. People making particular perception or draw
conclusion about characters of working women.
Recommendations And Suggestions
- It can be suggested that government should monitor the implementation of
judicial decisions on cases relating to injustice against women and ensure
that victims have prompt access to effective remedies.
- Organisations should have an internal code to ensure security of
women's employees and take measures to ensure that they discharge their job in a
secure atmosphere.
- Governments should make it mandatory for companies to install Global
Positioning System in vehicles carrying women, in all industries which
engage women in night shifts. The directions and guidelines issued by the
supreme court should be observed strictly and women should be aware of their
rights.
- There is a need to educate them through mass media, seminars,
conferences, through adult education programmes and through trade union. Labour
Department and Law Faculties can play an important role by publishing their
rights through hand books , newspapers and through legal awareness.
- Steps should be taken by the government to ensure that no exploitations
of labour takes place. This will ho a long way in the upliftment
of the standard of living of women workers in general.
- It has been recommended that in fixing minimum wages, the basic minimum
needs of workers and his/her family for sustenance should be kept in view so
that the wage prescribed is a just wage.
- There is also need, to do everything possible to increase women's
employment opportunities and to raise their productive efficiency.
- It is suggested that the workers are advised to follow the small size
family plan.
- To make labour legislations result oriented, infrastructural facilities
need to be provided and strengthened.
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