An Overview of Women Rights in the Workplace in India Yash Raghuwanshi Legal Article Sat, Jun 24, 2023, at ,11:25 AM ABSTRACT:This paper provides a concise overview of women's rights in the workplace in India, highlighting key aspects such as legislation, challenges, and the need for continued efforts to promote gender equality. It summarizes the current state of women's rights, emphasizing the significance of legal provisions and the persistent obstacles faced by women in the workplace. The abstract concludes by emphasizing the importance of creating an inclusive and supportive work environment to ensure the empowerment and progress of women in India.This research paper provides an overview of women's rights in the workplace in India. It explores the legislative framework that protects women's rights, including the EqualRemuneration Act and the Sexual Harassment of Women at Workplace Act. This also addresses challenges such as the gender pay gap, gender stereotypes, and workplace harassment. Itemphasizes the need for continued efforts to promote gender equality and create an inclusive work environment that supports the professional growth and empowerment of women. India may seek to achieve equal opportunity and equitable treatment for women in the workplace by putting awareness campaigns, legislation reforms, and organizational efforts into practice.KEY WORDS:Social reforms, Maternity leaves, Equality, Women Rights, ConstitutionINTRODUCTION:Women's rights in the workplace have been a topic of significant importance and discussion in India. Over the years, there have been notable advancements in promoting gender equality and empowering women in various spheres of society, including the workplace. However, challenges and barriers still exist, highlighting the need for continued efforts to ensure equal rights,opportunities, and a conducive work environment for women across the country. India, as a democratic nation, recognizes the fundamental rights of its citizens, irrespective of gender. The Constitution of India guarantees equality and non-discrimination under Article 14, which forms the foundation for safeguarding women's rights in the workplace. Additionally, specificlegislation and legal provisions have been enacted to protect women's rights and address gender- based discrimination and harassment. The Equal Remuneration Act, 1976, is a crucial legislation that mandates equal pay for equal work, prohibiting gender-based wage discrimination. This act ensures that women receive remuneration on par with their male counterparts for similar job roles and responsibilities. However, despite these provisions, the gender pay gap remains a persistent issue in India. Another essential legislation that protects women's rights in the workplace is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This act aims to create a safe and harassment-free environment for women by mandating the establishment of Internal Complaints Committees (ICC) in organizations and providing a mechanism for reporting and redressal of complaints. In recent years, there have been efforts to enhance maternity benefits for women employees. The Maternity Benefit(Amendment) Act, 2017, extended the duration of paid maternity leave from 12 weeks to 26 weeks, providing women with adequate time for childbirth, recovery, and childcare. This amendment was a significant step towards recognizing and supporting the rights of workingmothers. Despite these legislative measures, challenges persist in ensuring gender equality in the workplace. Gender stereotypes, unconscious biases, and cultural norms continue to hinder women's progress and limit their career opportunities. Women often face barriers in accessingleadership positions, encountering glass ceilings that impede their professional growth.1 Additionally, workplace harassment, both overt and subtle, remains a concern. Women often experience various forms of discrimination, including verbal abuse, exclusion, and unfairtreatment. 1 Aashank Dwivedi, 'Challenges of female worker in India' (Https://timesofindiaindiatimescom, 08 Apr 2022)<https://timesofindia.indiatimes.com/readersblog/aashank-dwivedi/challenges-for-female-workers-in-india- 42410/> accessed 10 May 2023RESEARCH METHODOLOGYThe objective of this research is to provide a brief overview of women's rights in the workplace in India, focusing on the legal framework, challenges, and the need for gender equality. Conduct a comprehensive review which is based on secondary resources like literature, includingacademic articles, reports, and relevant legal documents, to gather information on women's rights in the workplace in India. This will help establish a theoretical foundation and identify key concepts and trends. To comprehend the legal framework and rights afforded to women in the workplace, analyze pertinent legislation, such as the Equal Remuneration Act, the Sexual Harassment of Women at Workplace Act, and the Maternity Benefit Act.The study's findings will help increase knowledge of and support for women's rights in the workplace in India. They could be used as a starting point for more thorough research and as a resource for initiatives and policy discussions focused at advancing gender equality andempowering women in the workplace. This short research methodology provided a basic approach to conducting a brief overview of women's rights in the workplace in India.REVIEW OF LITERATURE:The literature review demonstrates how India has made strides in advancing women's rights at work through legislative measures. Nevertheless, issues including the gender pay gap, occupational segregation, workplace harassment, and a lack of women in leadership positions continue to exist. To close these inequalities and establish a more inclusive and equitableworkplace, additional initiatives are required. To advance gender equality and empower women in the Indian workforce, organizational activities, awareness campaigns, training courses, and regulatory changes are crucial.2Numerous laws in India aim to protect women's rights in the workplace. The EqualRemuneration Act of 1976 ensures equal pay for equal work, prohibiting gender-based wage discrimination. The Sexual Harassment of Women at Workplace Act of 2013 mandates the 2 Bhattacharyya, Arundhati. (2015). Indian Women in the Workplace. Mediterranean Journal of Social Sciences. 6. 10.5901/mjss.2015.v6n4s2p118.establishment of Internal Complaints Committees (ICC) and provides a mechanism for reporting and addressing workplace harassment. The Maternity Benefit Act of 1961 and its subsequentamendment in 2017 extend maternity leave and provide other benefits to women employees.PERIODICAL CHANGES OF WOMEN RIGHTS IN THE WORKPLACE IN INDIA:Ancient Period Changes:During the ancient period in India, women's rights in the workplace were significantly influenced by societal norms and cultural practices. While historical evidence suggests that women held positions of power and authority in certain ancient Indian societies, such as the Indus ValleyCivilization, the later Vedic period witnessed a shift towards a more patriarchal society. Women's participation in the workforce became limited, and they were primarily confined to domestic roles.Medieval Period Changes:In the medieval period, the position of women in the workplace varied across different regions and dynasties in India. While some royal courts and urban centers saw a more progressive outlook, women's rights remained restricted in many parts of the country. The practice of purdah (seclusion) became prevalent, limiting women's mobility and participation in public life. Women from privileged backgrounds had greater opportunities for education and engagement in arts and literature, but for the majority, economic activities were largely limited to agricultural labor and informal occupations.Modern Period Changes:The modern period in India witnessed significant changes in women's rights and their participation in the workplace. The struggle for independence and the subsequent women'smovement played a crucial role in challenging societal norms and advocating for gender equality. Several key developments occurred: Legal Reforms: The Constitution of India, adopted in 1950, provided a strong foundation for women's rights. It guaranteed equality, non-discrimination, and the right to work. Subsequent legislation, such as the Equal Remuneration Act of 1976 and the Sexual Harassment of Women at Workplace Act of 2013, further protected women's rights in the workplace. Women's Empowerment Initiatives: Various government and non-governmental organizations have implemented programs to empower women economically. Initiatives like the National Rural Employment Guarantee Act (NREGA) have created job opportunities for women in rural areas. Microfinance and self-help groups have also enabled women to engage in entrepreneurial activities. Maternity Benefits: The Maternity Benefit Act of 1961 and its amendment in 2017 have expanded maternity leave and provided other benefits to women employees. These measures recognize the importance of supporting women during the critical phase of childbirth and early childcare. Increasing Workforce Participation: Over the years, there has been a notable increase in women's workforce participation in diverse sectors such as education, healthcare, technology, finance, and administration. Women have made significant strides in breaking through traditional barriers and occupying positions of leadership and responsibility. โข Addressing Gender Disparities: Efforts are being made to bridge the gender pay gap and reduce occupational segregation. Companies are implementing diversity and inclusion policies, providing mentorship programs, and promoting gender-neutral recruitment and promotion processes.It is important to note that despite these positive changes, challenges such as workplace harassment, glass ceilings, and cultural biases continue to affect women's rights in the workplace.Continued efforts are required to ensure equal opportunities, create supportive work environments, and challenge deep-rooted gender inequalities in India.3EMPLOYMENT AND LABOR LAWS FOR IN INDIA:"A woman is like a tea bag until you steep her in boiling water, you can't tell how powerful she is.โWe once lived in a society that was male dominated. Women's empowerment is currently a worldwide awareness trend. It entails establishing conditions in which women have equal rights in the community, society, and workplace and in which there is neither violence nor genderdiscrimination. There are several labor laws for female employees since it is crucial for a woman to feel secure in her workplace.There are various laws for female employees in an organization in India that must be observed for a woman's protection. Women's safety has been the most essential topic when it comes to women's safety, and it is a major concern in India. The majority of women in India deny feeling secure while they are by themselves on the streets, at work, in marketplaces, at home, or anyplace else. If a woman spends even eight hours a day away from home at work, she must feel secure there. 3 Sneha Mahawar, Can a contractual woman employee avail the benefit of maternity leaveโฏ: Analyzing relevant judicial precedents iPleaders (2022), https://blog.ipleaders.in/can-contractual-woman-employee-avail-benefit- maternity-leave-analyzing-relevant-judicial-precedents/?amp=1 (last visited May 10, 2023).RIGHTS OF WOMEN UNDER THE CONSTITUTION OF INDIA:The Constitution of India guarantees several rights to women in the workplace. Here are some key provisions that protect and promote women's rights: Right to Equality (Article 14): The Constitution ensures that women are treated equally and have equal opportunities in employment. It prohibits discrimination based on gender, ensuring that women have the same rights and protections as men. Prohibition of Discrimination (Article 15): Article 15 prohibits discrimination on the grounds of sex, among other factors, in matters of employment or holding office. This provision ensures that women are not discriminated against in recruitment, promotion, or any other employment-related matters. Right Against Exploitation (Article 23): Article 23 prohibits trafficking, forced labor, and other forms of exploitation. This provision protects women from being subjected to any kind of forced labor or servitude in the workplace. Right to Freedom (Article 19): Women, like all citizens, have the right to freedom of speech, expression, assembly, and association. This allows them to voice their opinions, participate in peaceful protests, and form or join organizations advocating for their rights in the workplace. 5. Right to Work (Article 41):Article 41 recognizes the right to work as a fundamental right. It states that the State shall, within its economic capacity, make effective provisions for securing the right to work, including opportunities for self-employment and suitable work conditions. This provision emphasizes the importance of creating employment opportunities and ensuring fair work conditions for women. Right to Maternity Benefits (Article 42): Article 42 directs the State to make provisions for securing just and humane conditions of work and maternity relief. It recognizes the need for maternity benefits, such as paid maternity leave, to ensure the well-being of women employees during pregnancy and childbirth. Right to Protection Against Sexual Harassment (Vishaka Guidelines): Although not explicitly mentioned in the Constitution, the Supreme Court of India has established the Vishaka Guidelines, which provide a framework for addressing sexual harassment in the workplace. These guidelines require employers to take preventive and remedial measures to create a safe and harassment-free work environment for women.It is important to note that while the Constitution guarantees these rights, the effectiveimplementation and enforcement of these provisions require complementary legislation and policies. Laws such as the Equal Remuneration Act, the Sexual Harassment of Women at Workplace Act, and the Maternity Benefit Act have been enacted to further protect and promote women's rights in the workplace in accordance with the constitutional provisions.4Women should know labor law for female employees in place that protect them in the workforce. 4 Arushi Gupta, 'An overview of women's rights in workplace in India' (Wwwthelawgurukulcom/post/an-overview- of-women-s-rights-in-workplace-in-india, Jun 01 2022) <https://www.thelawgurukul.com/post/an-overview-of-women-s-rights-in-workplace-in-india> accessed 11 May 2023The Minimum Wage Act:The government has established a minimum wage that the employer must give the employee. The Minimum Wage Act of 1948 was adopted by the Indian Parliament. The state government determines the appropriate minimum wage for each field of employment. No of the gender, anequal sum of money will be paid out depending on the type of job whether it's fixed, hourly, etc. Both skilled and unskilled workers are affected. Depending on a number of variables that the Indian government has agreed upon, this minimum wage may differ from state to state.Sexual Harassment of Women at Workplace Act, 2013Sexual harassment is the inappropriate or unwanted promise of incentives in exchange for sexual favors, as well as coercion or intimidation of a sexual nature. From minor infractions to sexual abuse or assault, sexual harassment encompasses a wide spectrum of behaviors.In India, there are numerous laws that address sexual harassment. When an employer violates this Act again in the workplace, they will face harsh penalties if found guilty under any other law. A business license may also be revoked in such circumstances.It is sexual harassment within the meaning of the sexual harassment laws when a fellow officer or employee of the Company demands favors in return for any form of benefit, such as work, money, promotion or pay raise. In 2013, the Indian government promulgated the Women's Sexual Harassment at Work (Prevention, Prohibition and Remedy) Act. In line with the Vishaka decision, the law aims to ensure equal rights for women in the workplace free from sexual harassment. This law covered a variety of issues that had not been addressed before, including:B. Extend the definition of workplace to nearly all types of establishments, including private organizations, apartments and housing, to include the term โdomestic workerโ and to cover the unorganized sector Issues of sexual harassment of women. Therefore, everyone should know the laws regarding women workers in India.The Maternity Benefit Amendment Act, 2017This Women Workers Labor Act will benefit all women workers working in India. All women can apply for maternity leave and receive benefits from the company. There is something foreveryone. Employers have to pay salaries even during maternity leave. As far as women's rights are concerned, this is an important step in the right direction. This law regulates and encourages the employment of women in certain institutions for a period of time before and after childbirth, and provides for maternity and other benefits.Maternity leave is available from her 12 weeks to her 26 weeks. New moms can now choose to work from home, depending on the nature of their work and their employer's approval. This regulation is also planned. Her most recent Maternity Benefits Act of 2017 amended herMaternity Benefits Act of 1961 and made certain necessary changes.Equal Remuneration Act, 1976It is vital to get paid; equally, it is a man or a woman. Remuneration means money paid for work or a service. The purpose of this law is to ensure equal pay for male and female employees and to prevent discrimination against gender, especially against women. There is the Equal Pay Act 1976 and the Equal Pay Regulations 1976. On October 12, 2010, the Central AdvisoryCommittee was re-established, according to an official gazette notification. He is increasing women's empowerment and employment opportunities in India.CASE LAWS:1. Vishaka & Ors. vs State of Rajasthan & Ors. ((1997) 6 SCC 241)Vishaka vs. State of Rajasthan was a landmark case in India that played a crucial role in establishing guidelines to address sexual harassment in the workplace. The case arose from the brutal gang rape of a social worker in Rajasthan in 1992. The incident highlighted the absence of a legal framework to address workplace harassment and led to the formulation of guidelines known as the Vishaka Guidelines.In this case, a group of non-governmental organizations (NGOs), led by Vishaka, filed a Public Interest Litigation (PIL) in the Supreme Court of India. They sought to address the issue of sexual harassment at workplaces and to secure the fundamental rights of working women under Articles 14, 19, and 21 of the Indian Constitution.The Supreme Court, recognizing the urgency and importance of the matter, delivered a landmark judgment in 1997. The court held that sexual harassment violates a woman's fundamental right to equality and protection against discrimination, thus making it a violation of Article 14 and 15 ofthe Constitution.In the absence of specific legislation, the court formulated guidelines that defined sexual harassment, outlined preventive measures, and established a framework for redressal. These guidelines came to be known as the Vishaka Guidelines, named after the petitioner organization.The Vishaka Guidelines laid down the following key principles: Definition of Sexual Harassment: The guidelines provided a comprehensive definition of sexual harassment, including unwelcome physical contact, making sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of sexual nature. Preventive Measures: The guidelines mandated employers and organizations to take preventive measures such as creating a sexual harassment policy, setting up internal complaint committees, organizing awareness programs, and ensuring a safe and conducive work environment. Complaint Mechanism: The guidelines emphasized the importance of setting up a complaint mechanism to enable women to report incidents of harassment confidentially and without fear of victimization. It outlined the process for filing complaints, conducting inquiries, and imposing appropriate penalties. Legal Responsibility: The court held employers liable for preventing and addressing sexual harassment in the workplace, emphasizing that the principle of vicarious liability applies. The Vishaka Guidelines provided a significant impetus for the subsequent legislation in India, leading to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013. This law built upon the Vishaka Guidelines and provided a more comprehensive legal framework to address sexual harassment at workplaces.The Vishaka case and the subsequent guidelines were instrumental in raising awareness about workplace harassment and establishing the importance of creating a safe and respectful work environment for women in India. It set a precedent for recognizing sexual harassment as a violation of women's fundamental rights and paved the way for subsequent legal developments in this domain.Municipal Corporation of Delhi vs. Female Workers, AIR 2000 SC 1274: (2000) 3 SCC 224In this case Supreme Court declared that the maternity benefit applies to casual workers and diurnal paycheck workers also. In this case, the question was whether the muster roll workers (which are casual and diurnal paycheck workers) of a municipal corporation are entitled tomotherliness benefits. There is nothing in the Maternity Benefit Act that entitles only regular women workers to the benefit of maternity leave and not to those who are engaged on a casual basis or muster roll on a diurnal pay check base.CONCLUSION:women's rights in the workplace in India have witnessed significant developments over the years, driven by legal reforms, social movements, and changing attitudes. The Constitution of India provides a strong foundation for ensuring gender equality and protecting women's rights, guaranteeing equal opportunities, non-discrimination, and the right to work. Several laws,including the Equal Remuneration Act, the Sexual Harassment of Women at Workplace Act, and the Maternity Benefit Act, further reinforce these rights and provide a framework for theirimplementation.However, despite progress, challenges remain. Gender disparities such as the gender pay gap, occupational segregation, and limited representation of women in leadership positions persist. Issues like workplace harassment and safety continue to undermine women's rights and well- being. These challenges necessitate ongoing efforts to address deep-rooted cultural norms, biases, and systemic barriers that hinder gender equality in the workplace.Positive strides have been made in increasing women's workforce participation, empowering women economically, and promoting inclusive practices. Organizations are increasingly recognizing the importance of diversity, inclusion, and equal opportunities. Governmentinitiatives, such as the National Rural Employment Guarantee Act and entrepreneurship support programs, have expanded opportunities for women in various sectors.To further advance women's rights in the workplace, sustained efforts are required. This includes strengthening enforcement mechanisms, raising awareness, and providing training to address gender biases and promote a respectful work environment. It is crucial for employers, policymakers, and society at large to actively promote gender equality, foster supportive workplaces, and ensure equal opportunities for women to thrive and contribute to the nation's development.In conclusion, while significant strides have been made, achieving true gender equality in the workplace in India requires continuous commitment, collaboration, and concerted efforts from all stakeholders.REFERENCE: Census 2011 HABIB, MEDIEVAL INDIA: THE STUDY OF A CIVILISATION Art 14 Art 16 Art 17 Art 23 Art 39 Art 42 Mines Act, 1952, $4&5, No. 35, Act of Parliament, 1952(India) Maternity Benefit Act, 1961, S 5,7,9&12, No.53, Act of Parliament,1961(India) The Equal Remuneration Act,1976, S 4&5, No.25, Act of Parliament, 1976(India) Sexual Harassment of Women at Workplace Act, 2013, S 3,4&7, No. 14, Act of Parliament,2013(India) xiii. Vishaka v. The State of Rajasthan, AIR 1997 SC 3011Chaudhary, A., & Bagga, A. (2019). Women in the Indian Workplace: Challenges and Opportunities. Journal of Business Diversity, 19(1), 69-84.Deshpande, S. (2018). Gender Pay Gap in India: Evidence from Recent Data. Economic and Political Weekly, 53(3), 19-21.Economics, 62(4), 579-595Arushi Gupta, 'An overview of women's rights in workplace in India'(Wwwthelawgurukulcom/post/an-overview-of-women-s-rights-in-workplace-in-india, Jun 01 2022) <https://www.thelawgurukul.com/post/an-overview-of-women-s-rights-in-workplace-in-india> accessed 11 May 2023Yash Raghuwanshi 1st sem. (1st yr.) Ll.b. (Hons.) Indore institute of Law , Indore ,(M.P) 452001