Female Rights in the Workplace in India

India has made great strides in empowering women and promoting gender equality in recent decades. However, the battle for equal rights and opportunities for women in the workplace is still an ongoing one. Despite constitutional guarantees and legal provisions, the road to true parity remains long and arduous, with deep-rooted societal norms, cultural biases and patriarchal mindsets.

The legal landscape on female rights in the workplace in India

The Indian Constitution, under Articles 14, 15 and 16, enshrines the fundamental right to equality and non-discrimination based on gender. Additionally, various labour laws and acts have been enacted to safeguard the rights of women in the workplace. The Equal Remuneration Act of 1976 mandates equal pay for equal work, while the Maternity Benefit Act of 1961 provides for maternity leave and related benefits.

However, the effectiveness of these laws has been hindered by inadequate implementation and enforcement mechanisms. The lack of awareness among women about their legal rights and the dearth of robust grievance redressal mechanisms further compound the issue.

Constitutionally guaranteed rights

The Constitution of India serves as the cornerstone for all legal frameworks and is regarded as the supreme law of the land. It enshrines several fundamental rights that are critical to ensuring equality and non-discrimination within the country. Notably, Article 14 of the Constitution guarantees equality before the law and equal protection of the laws to all individuals, which underpins the legal system’s approach to fairness.

Additionally, Article 15 specifically prohibits discrimination on grounds of religion, race, caste, sex or place of birth, thereby reinforcing a commitment to gender equality. Furthermore, Article 19(1)(g) ensures that all citizens have the right to practice any profession or to carry on any occupation, trade or business. These constitutional guarantees provide a framework for safeguarding the rights of all citizens, particularly in promoting and protecting the rights of women in the workplace.

The Constitution of India, considered the supreme law of the land, itself guarantees every person equality before the law and prohibits discrimination against any citizen based on sex. The Constitution also guarantees to citizens of India, the right to practise any profession or to carry on any occupation, trade or business.

Right to equal remuneration and opportunities

The Equal Remuneration Act of 1976 is a piece of legislation in India aimed at ensuring pay equity across genders. It mandates equal remuneration to men and women workers for performing the same or similar work.

This law plays a vital role in eliminating wage disparity based on gender and extends its influence beyond just pay to include hiring, training, promotions and other conditions of employment. To enforce this act, employers are required to keep detailed records and registers that demonstrate compliance with these provisions.

These documents must be readily accessible for inspection by designated authorities, ensuring transparency and accountability in employment practices. This framework not only promotes fairness but also encourages a more inclusive work environment by formally recognising and addressing gender-based inequalities in the workplace.

Right to harassment free work environment

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, represents a significant advancement in creating a safer work environment for women in India. This comprehensive legislation requires employers to establish an Internal Complaints Committee (ICC) at each office or branch with ten or more employees.

The ICC’s role is important in receiving and effectively resolving complaints of sexual harassment in a confidential and time-bound manner. Additionally, the act mandates employers to conduct regular training and awareness sessions to educate employees about the consequences of sexual harassment and the mechanisms in place for its redressal.

These provisions underscore the importance of proactive measures in preventing workplace harassment and ensuring a respectful and secure environment for all employees.

Maternity benefit and protection of employment

The Maternity Benefit Act, 1961, is a key piece of legislation in India that provides substantial maternity benefits to women employees, positioning it among the most generous globally. The act entitles eligible women to up to twenty-six weeks of paid maternity leave. Additionally, this benefit extends to surrogate mothers and women who adopt a child under three months old, who are eligible for twelve weeks of paid leave.

The act also covers women experiencing health issues related to pregnancy, including illness arising from pregnancy or delivery, premature birth, miscarriage or medical termination of pregnancy. It safeguards women from termination or unfair treatment at work due to their maternity status.

Employers are mandated to facilitate a smooth transition back to work, which includes provisions like crèche facilities and nursing breaks. For roles compatible with remote work, employers may offer the option to work from home after the maternity leave period. Furthermore, the Employees’ State Insurance Act, 1948 complements these benefits by providing medical care, sickness benefits and maternity benefits to insured women employees.

Health and safety

Under the Factories Act, 1948, significant emphasis is placed on the health, safety and welfare of women in the workplace. Employers are required to provide separate washrooms, changing rooms and lockers for women. Additionally, the act specifies safety measures for female employees working night shifts, including special security arrangements and other necessary protocols.

Various state-specific regulations augment these provisions; for example, Haryana’s government mandates specific guidelines for employing women on night shifts, including transportation and medical facilities to ensure their safety and well-being.

Mandatory board representation

To improve women’s representation in leadership roles, the Companies Act, 2013 mandates that certain classes of companies must include at least one woman director on their board. This requirement aims to ensure that women have a significant voice in the highest levels of corporate decision-making, promoting diversity and inclusion at the top echelons of business governance. This mandate not only promotes gender diversity but also encourages companies to recognise and harness the unique perspectives and skills that women bring to the table.

These legal frameworks collectively demonstrate India’s commitment to fostering an inclusive and supportive work environment for women. They aim to address various aspects of employment—from safety and health to leadership opportunities—ensuring that women can contribute effectively and equitably in the workplace.

The glass ceiling

Despite their qualifications and capabilities, women in India often face an invisible barrier – the glass ceiling – that impedes their upward mobility and career advancement. According to a report by the World Economic Forum, India ranks a dismal 135th out of 146 countries in terms of economic participation and opportunity for women.

The corporate landscape in India is still largely dominated by men, with women occupying fewer leadership positions and facing unconscious biases and stereotypes. The persistent gender pay gap, which stands at around 19% according to the Monster Salary Index, further exacerbates the inequalities women face in the workplace.

Challenges and obstacles on female rights in the workplace in India

Several deep-rooted societal and cultural factors contribute to the challenges women face in the Indian workforce:

• Patriarchal Mindsets: Ingrained patriarchal attitudes and traditional gender roles often relegate women to domestic responsibilities, undermining their professional aspirations and ambitions.
• Work-Life Balance: The disproportionate burden of household chores and caregiving responsibilities frequently falls on women, making it challenging for them to balance their personal and professional lives.
• Sexual Harassment: The prevalence of sexual harassment in the workplace remains a significant concern, deterring many women from pursuing or remaining in their careers.
• Safety Concerns: The lack of safe and reliable transportation options, especially in urban areas, can discourage women from seeking employment opportunities that require late-night or early-morning commutes.
• Lack of Mentorship and Support: Women often lack access to robust mentorship programs and support networks that can guide and empower them in navigating the professional landscape.

Conclusion

While India has made significant strides in legislating for the protection and equality of women in the workplace, the journey towards full realisation of these rights is ongoing. Active participation from all sectors of society—government, corporate and civil—is crucial for making the workplace a safe and equitable environment for women. This will not only uphold the rights of women but also enrich the Indian workforce with diverse perspectives and skills.

In India, female rights in the workplace are underpinned by a legal framework aimed at ensuring equality, safety, and fairness for women. Key legislations include the Constitution of India, Equal Remuneration Act, 1976, ensuring pay equity; the Sexual Harassment of Women at Workplace Act, 2013, mandating mechanisms for addressing sexual harassment; and the Maternity Benefit Act, 1961, providing generous maternity leave benefits and protection against employment discrimination.

Additionally, the Factories Act, 1948 ensures health and safety measures specifically for women, and the Companies Act, 2013 requires at least one woman director on the board of certain classes of companies, ensuring female representation in leadership roles. These laws collectively empower women, fostering a safer and more equitable work environment.