India's Labour Laws and their Impact on Women
DOI:
https://doi.org/10.29070/bsnbbb14Keywords:
Labour, Women , Impact, Indian WorkplaceAbstract
Over the course of its history, India's labour laws have undergone significant change in an attempt to achieve a balance between the advancement of the economy and the protection of workers' rights. Nevertheless, a significant concern is the potential impact that these restrictions may have on working women in particular. There are various challenges that women face in India's official and informal workforces, and this article examines the scope, effectiveness, and limitations of the laws that are in place to address these challenges. Certain essential regulations, such as those that protect women and their children from wage theft, equal pay for equal labour, prohibitions against sexual harassment in the workplace, and the new labour standards, are examined from a gendered perspective in this article. The findings of the research indicate that there are continuous implementation gaps, particularly in the unorganised sector, which is where the majority of women are employed. The structural issues that are addressed include, but are not limited to, unpaid care work, unsafe working conditions, an imbalance in wages between men and women, and a lack of social security. Using policy papers, legal studies, and implementation reports, this essay draws attention to the need of enhancing enforcement mechanisms and implementing labour reforms that are sensitive to gender issues. Even though there are legal safeguards in place, it is evident from the findings that women in India's employment need a more inclusive approach to labour policy in order to be empowered and protected. This is the case even if their rights are guaranteed by law.
References
Agarwal, Bina, Jane, Humphries and Ingrid, Robeyns (Eds.) 2019. Capabilities, Freedom and Equality: Amartya Sen’s Work from Gender Perspective. Oxford: New Delhi
Kalbagh, Chetna (Ed.) 2018. Women and Development (Women Development Series 4) Discovery: New Delhi
Kalpagam, U. 2021. Labour and Gender: Survival in Urban India. Sage: New Delhi
Mahesh V. Joshi, “Women Rural Labourers, Problems and Prospects”, 1999, Pub. A.P.H. Publishing Corporation, New Delhi, p. 21
Article 15, 15(1) of the Constitution of India
Article 15 (3) of the Constitution of India
Article 16 of the Constitution of India
AIR 1981 S.C. 1829
AIR 1981 S.C. 1829
AIR 1979 SC, 1868
AIR 1999, 2. SCC 228
Shahwat Tewary, “Equal pay for equal work – How far is it recognized as a fundamental right, Labour Law Journal,” 2018 III LIJ p. 39
AIR 1995 SC 1531: (1995) SCC (3) 635
Shahwat Tewary, “Equal pay for equal work – How far is it recognized as a fundamental right, Labour Law Journal,” 2019 III LIJ p. 39
Suresh V. Nadagoudar, “Right of Women Employees at their work place,” Lab. IC. Feb. 2017, p. 35.
Ajay Garg, “Labour Laws one should know”, 22nd edition 2017, Pub. Nabhi Publication, New Delhi, p. 120.
G.Q. Mir, “Women workers and the law,” 1st edition, 2018, p. 162.
Section 46(1)(a) of the Mines Act, 1952
Section 12(1) of the Plantation Labour Act, 1951
Retrieved from https://hscw.in/content/images/TheMaternityBenefitsAct3ac2512835.pdf, visited on March 2, 2022
Retrieved from https://prsindia.org/billtrack/the-code-on-wages2019, visited on March 2, 2022
1982 Lab. 9C 1649 at 1658.
Ibid
2003 SCC (L and S) 840.