RIGHTS OF WOMEN AT WORKPLACE –A STUDY ON THE CONSTITUTIONAL PERSPECTIVE AND OTHER LAWS

ABSTRACT

From the ancient times ,women have been subject to all kinds of discrimination.With changing times and circumstances many laws have been made for protection of women.Despite these developments women still face oppression and discrimination.Workplace is not an exception.One of serious problems that women face in the workplace is the sexual harassment.Sexual harassment in the workplace creates an unhealthy environment causing individuals to feel miserable and humiliated.This unacceptable behaviour whether physical,verbal or written disproportionately affects women, thus violating their rights as basic as right to life guaranteed under the constitution. Additionally, systemic barriers ,wage gaps and limited access to opportunities further perpetuate inequality.Thus these issues need to be addressed.Under Constitution of India, women have rights under articles 14,15,21 and others to work with dignity and to work in the safe environment. Other laws such as the Equal Remuneration Act,1976 which provides for parity in pay; the Maternity Benefit Act (amended act),2017 which provides for leave to the women who are pregnant? have been passed for the betterment of women. The recent development in curbing sexual harassment against women at workplace is the enactment of POSH Act ,2013 i.e., Sexual Harassment of Women at Workplace (prevention,prohibition and redressal) Act,2013.

INTRODUCTION

In the ancient India, workplace rights for women were shaped by the cultural norms. While evidence shows women in influential roles during the Indus valley civilization , the later Vedic period saw a shift towards a more patriarchal society, restricting women to domestic roles. During the medieval period , women’s workplace status varied regionally. Some areas enforced restrictions including the practice of purdah, limiting women’s public involvement. Privileged women had the educational opportunities , but economic activities were often confined to agriculture . The modern era brought significant changes. Independence struggles and the women’s movement challenged societal norms, leading to legal reforms. The 1950 Constitution guaranteed women’s rights and subsequent laws, like the 1976 Act of Equal Remuneration? and the POSH Act of 2013 further protected women’s workplace rights .

RIGHTS OF WOMEN UNDER THE CONSTITUTION OF INDIA

The Constitution of India safeguards women’s rights in the workplace through various provisions :

1) Equality principle(Article 14) : It ensures gender equality in employment, prohibiting discrimination and granting women equal oppoprtunities.

2) Affirmative Action – Article 15 (3) –Upholding a service rule that preferred women in recruitment to public employment to the extent of 30% of posts, the Supreme Court stated in Government of A.P V. P.K. Bijayakumar, AIR 1995 SC 164 , that under Article 15(3) job opportunities for women can’t be created would be to cut? at the very root of the underlying inspiration behind this article making special provision for women in respect of employments or posts under the state is an integral part of Article 15(3).

3)? Article 23 : It prohibits trafficking, forced labor and exploitation, protecting women from workplace exploitation.

4) ? Article 19 : It grants women like all citizens ,freedom of speech,expression? and association , enabling them to voice opinions and participate in advocacy.?

5) Article 39: It requires the State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood [ article 39(a)]; and equal pay for equal work for both women and men[ article 39 (d)]

6) ? Article 41: It recognizes the right to work as fundamental , urging the State to provide employment opportunities and suitable working conditions for women.

7)? Article 42 : It directs the state to ensure just and humane working conditions , emphasizing the need for maternity benefits to support women during pregnancy and childbirth.

?8) Article 243 provides for reservation of not less than one-third of total number of seats in Panchayats and Municipalities for women to be allotted by rotation to different Constituencies.

In Muthamma v. Union of India(1979) 4 SCC 260 and Air India? v. Nagresh Mirza AIR 1981 SC 1829, the Supreme Court invalidated discriminatory service conditions that mandated female employees to seeks government approval before marriage and denied employment to married and denied employment to married or pregnant women.

In Vishaka v. State of Rajasthan AIR 1997 SC 3011, the Supreme Court noted that equality in employment is compromised when women face gender-specific violence, such as workplaces sexual harassment.

In the case of Bombay Labour Union Supressing Workers of Messrs v. Messrs International Franchise Pvt. Ltd., AIR 1966 SC 942, the Supreme Court of India examined the legitimacy of a company rule that automatically terminated the services of a female employee upon marriage. The court deemed this rule unconstitutional , citing its excessive nature and lack of justification based on the company’s provided reasons.

CEDAW( Convention on elimination of all forms of discrimination ) is very crucial to this discussion . Article 9 of the convention mandates that a woman’s marriage to a foreigner or her husband’s change of nationality during marriage must not alter her nationality, render her stateless? or impose the husband’s nationality upon her. Article 15 asserts equality for women before the law , ensuring equal legal capacity in civil matters , including the right to make contracts and manage property. It invalidates legal instruments restricting women’s capacity. Article 16 calls for measures to eliminate discrimination in marriage and family matters , guaranteeing equal rights to enter marriage , freely choose a spouse , and enjoy property rights for both spouses. Thus , international conventions also advocate for equal rights for women.

LEGISLATIONS FOR THE PROTECTION OF RIGHTS OF WOMEN AT WORKPLACE?

The Minimum Wages Act: This act mandates employers to provide a minimum wage to employee. Each State Government determines the specific minimum wage for various employment sectors , ensuring equal pay regardless of gender? or job type , whether fixed or hourly.

POSH Act , 2013 : This act imposes penalties on employers found guilty of violating the act. Violations can lead to the revocation of business licenses. This act encompasses a broad range of behaviours? and demands for favours in exchange for benefits , such as work , promotion , or pay raise , constitute sexual harassment , extending its coverage to various establishments , private organisations , housing and unorganised sector. It provides for the establishment of internal complaints committee for the filing of complaint against sexual harassment done at workplace.

Equal Remuneration Act , 1976 : It ensures equal pay for both men and women. It prohibits gender-based discrimination and promotes women’s empowerment and employment opportunities in India.

Other legislations include :

Immoral Traffic (prevention) Act, 1956

The Maternity Benefit Act , 1961

Dowry Prohibition Act ,1961

The Medical Termination of Pregnancy Act, 2006

The Prohibition of Child Marriage Act,2006

Indecent Representation of Women (Prohibition ) Act , 1986

The Protection of Women from Domestic Violence Act, 2005.

SUGGESTIONS

Despite the existence of legal framework , obstacles persist in achieving workplace gender equality. Stereotypes , unconscious biases and cultural norms impede women’s advancement , restricting career opportunities. Barriers to leadership positions create glass ceilings , hindering professional growth .Furthermore , women encounter various forms of discrimination , encompassing verbal abuse , exclusion and unfair treatment, highlighting ongoing challenges. In order to avoid these kinds of issues and discrimination against women , awareness campaigns should be conducted at office levels ,unorganised work and ground level in order to make employers , workers and other people aware of the laws and constitutional provisions prohibiting sexual harassment at workplaces. There must be a monitoring committee for checking the proper implementation of the POSH Act and constitutional provisions. Employers must provide for awareness programmes for informing the workers about the penalties for doing sexual harassment at the workplace. Counselling facilities should be provided to encourage the victims to come forward and file complaints. Other steps include providing a respectful environment to work ? and ensuring equal opportunities.

CONCLUSION

While summing up, we can say because of the cultural norms and other stereotypes women still face discrimination. Women often fall prey of harassment at the workplace . From time immemorial women have been victims of gender-based violence. Thus proper steps should be taken at the ground level to protect them from this social evil. Progress has been achieved in enhancing women’s involvement in the workforce , fostering economic empowerment? and advocating for inclusive practices . Government efforts including initiatives like the National Rural Employment Guarantee Act and support programmes for entrepreneurship have broadened opportunities for women across various sectors. Despite these efforts , there is a room of development .

FAQS – FREQUENTLY ASKED QUESTIONS?

Q.What are the Constitutional provisions which deal with rights of women?

The indian constitution safeguards women’s rights through various provisions:

?Prohibiting sex-based discrimination [article 15(1).

Empowering the state to make special provisions for women, allowing affirmative action [article(30)].

Ensuring no sex-based discrimination in state employment [article (16)].

Prohibiting? human trafficking and forced labour [article 23 (1)]

Mandating equal means of livelihood for both men and women [article 39(a)].

Ensuring equal pay for equal work.[article 39(d)]

Preventing the abuse of women workers’ health and strength.[article 39(e)].

Providing just and humane working conditions and maternity relief.[article 42]

Q. What was held in Vishaka’s case regarding rights of women at workplace ?

The Vishaka vs. state of Rajasthan case marked a pivotal moment in India’s legal landscape, addressing workspace sexual harassment. Originating from a 1992 Rajasthan gang rape incident, NGOs, led by Vishaka, filed a PIL seeking protection for working women’s fundamental rights. In 1997, the Supreme Court, recognizing the urgency, ruled that sexual harassment violates women’s Constitutional? rights under Article 14 and 15. In the absence of legislation, the court crafted the Vishaka Guidelines, defining harassment and establishing prevention and redressal frameworks.