WOMAN'S RIGHT AT WORKPLACE
The society comprises broadly of both men and women. Despite, woman being an integral part of the society, they are considered as weaker section and has been subjected to discrimination. Over the last decade, the feminist movement has gained its pace and stirring up the ideology of 'feminism'. However, the feminist movement is not recent; it has been going on since the early 19th century. The term 'feminism' has been largely misunderstood as 'priority to the woman over man'; however, it means 'equal rights to the woman in every sphere as that of man'. The feminist movements are required to secure equality in the sphere of politics, economics, social and personal and to eradicate gender stereotypes. The woman's right at the workplace is an outcome of these movements.
In India, the Preamble of the Indian Constitution states that "equality of status and of opportunity shall be secured to all its citizens" and further 'Right to Equality' has been enshrined in The Constitution of India as a fundamental right. However, for many years these remained as mere paper legislations in respect of woman's rights. But, over the period as a product of feminist movements and court's judgments woman's right has been recognised in India and various legislations have been formulated to govern the same.
The Government of India has given following rights to the woman via legislations.
1) Prevention From Sexual Harassment at Workplace [S. 354A Indian Penal Code, 1860 and The Prohibition of Sexual Harassment of Women at Workplace Act, 2013]
2) Maternity Benefits [The Maternity Benefit Act, 1961]
3) Equal pay for equal work [Article 39(d) Indian Constitution, The Minimum Wages Act,1948 and The Equal Remuneration Act, 1976]
4) Work Conditions for Factory workers [Factories Act, 1948]
The applicability of the rights and remedies available on violation of aforementioned rights has been discussed further at length.
RIGHTS OF WOMAN AT WORKPLACE
The women in India have the following rights at the workplace.
1) Prevention From Sexual Harassment at Workplace
The pioneering law related to sexual harassment has been Vishakha and Ors v. State of Rajasthan (1997) 6 SCC 241 wherein Supreme Court laid down guidelines for the prevention of sexual harassment at the workplace which was later incorporated in Prohibition of Sexual Harassment of Women at Workplace Act, 2013. This Act mandates under Section 4 of the Act that every organization shall constitute an Internal Complaints Committee (ICC). The ICC shall consist of four members under the Chairmanship of a senior woman employee, two members from amongst the employees preferably a woman with experience in social work or legal knowledge and a third party member preferably affiliated with a non-governmental organization. Also, if a workplace has less than 10 employees it is difficult to set up ICC then in
that case complaints may be filed at the local complaints committee (LOC) established at the district level. The Section 19 of the Act also provides that employers shall organize timely workshops and orientation programmes to sensitize employees about the harm of sexual harassment and its consequences.
The other law relating to sexual harassment at the workplace has been incorporated under Section 354A of the Indian Penal Code, 1860; which was added by Criminal Law Amendment Act, 2013. According to Section 354A, if a man commits an act of physical contact and advances which involves unwelcome and explicit sexual overtures or demand or request for sexual favours or shows pornography against the will of a woman then such man shall be punished with rigorous imprisonment for a period which may extend to 3years or fine or both; and if he commits an act of making sexually coloured remarks then shall be punished with imprisonment of either description which may extend to 1 year or fine or both.
2) Maternity Benefits
The maternity benefit to women has been governed by The Maternity Benefit Act, 1961 which is recently amended in the year 2017. This Act applies to organizations employing 50 or more employees; the organization includes factories, mines, plantations, Government establishments, shops and establishments under the relevant applicable legislation, or any other establishment as may be notified by the Central Government. Any woman who must have been working as an employee in an establishment for a period of at least 80 days within the past 12 months is eligible for the maternity benefit. The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed after childbirth. For women who are having 2 or more surviving children, the duration of paid maternity leave shall be 12 weeks (i.e. 6 weeks before and 6 weeks after the expected date of delivery). The payment during the leave period is based on the average daily wage for the period of actual absence and in the case of government employees; they are entitled to maternity leave with full pay. The amendment to the Act also provides an option of Work from Home to the mothers after the expiration of maternity leave.
In case of violation of the provisions of this Act, Section 17 of the Act provides that a complaint can be made to the Inspector appointed under the Act and if a woman is not satisfied with the order passed by the Inspector and exhausted all the available remedies under the Act then she can file a complaint under Section 23 of the Act to the Judicial Magistrate First Class or Metropolitan Magistrate.
3) Equal pay for equal work
The Article 41 of the Indian Constitution provides for the right to work and in the application of same Article 39(d) provides for equal pay for equal work. The Government of India taking these Directive Principle and State Policies as a guiding light enacted the legislation called Equal Remuneration Act, 1976. According to the
Equal Remuneration Act, 1976 and Minimum Wages Act, 1948 there shall not be any discrimination between two people if they're doing the same work; furthermore, The Minimum Wages Act, 1948 provides that the minimum wage as decided by the government shall be paid to the employees without discriminating on any ground.
The Equal Remuneration Act, 1976 provides that there shall be an advisory committee established by the appropriate government for advising on matters which violates the Act. The advisory committee shall consist of not less than ten persons of which one-half shall be women. The advisory committee shall have regard to the number of women employed in the concerned establishment or employment, the nature of work, hours of work, suitability of women for employment. The Act provides that an Inspector shall be appointed under Section 9 of the Act who shall inspect the compliance of the provisions in an organisation. After the inspection the inspector can file a complaint to the appropriate authority; also the worker, legal practitioner and any official of a registered trade union authorized for this purpose can make a complaint. The Judicial Magistrate First Class and Metropolitan Magistrate are competent adjudicating authorities in this regard.
4) Work Conditions for Factory workers
In India, the law which governs the labour conditions in factories is the Factories Act, 1948. The main objective of the Act was to protect labourers from long working hours and the maintenance of their health and sanitary conditions. The rights provided by the Factories Act, 1948 to women are that there shall be separate toilets and washrooms for women with doors. The women cannot be asked to lift weight more than the prescribed limit, they should get a day off in a week, they shouldn't be asked to work between 7 pm to 6 am. The Section 48 of the Act provides that if a factory has more than 30 women workers then the employer shall provide a crèche facility for workers children.
According to Section 92 of the Act general penalty for violation of the provisions of the Act is that if the occupier or manager found guilty, they will be punished with imprisonment which may extend to 2years or with a fine which may extend to 1lakh rupees and on continued contravention Rs 1000 per day.
In furtherance of feminist movements and rights enshrined in the Constitution of India government has enacted the aforementioned legislations. The main object of all the legislation is to breach the gap between men and women on the work front. Although, the legislators intends to reduce inequalities but these provisions have remained mere paper laws. The provisions of the law time and again have been violated but no legal action arises. The basic reason behind the ineffectiveness of these laws is the lack of awareness. The subjects of the law are unaware of their rights and hence exploited by the people in authority. For the effective implementation of these laws, Government should conduct programmes to raise awareness amongst people and should also mandate the organizations to sensitize and aware people of their rights and also explain the recourses available to them in case of violation. The purpose of any law is achieved when it is effectively implemented.
