Author: Prachi Mangla, Student at IILM University, Gurugram
ABSTRACT
Women have played an equally vital part in creating human history as males have. Higher status for women in terms of employment and societal labour is, in fact, a vital indicator of a country’s overall growth. Working women, or those who earn for a living, have unique hurdles at work just because they are women. The article begins by examining the historical context of women’s participation in the labour force, tracing the evolution of their roles from traditional, household-centred activities to diverse employment opportunities in various sectors and it explores the driving forces behind this evolution, such as technological advancements, changes in societal norms, and policy interventions aimed at promoting gender equality. This article underscores the importance of recognizing women as a labour class with unique experiences, needs, and contributions. It calls for a comprehensive and intersectional approach to policy-making and workplace practices that can empower women across the globe to participate fully in the labour force, driving economic growth and social progress.
Gender equality is essential for fulfilling human rights, because it benefits everyone in society, particularly girls and women. Gender equality has various universal benefits, and several international frameworks recognize its significance for human rights and sustainable development. Talking about conditions of women at their workplace, the support that Indian mothers receive, both before and after having a child, is deeply embedded in our Indian culture. As a result, it makes reasonable to place the same emphasis on parenting at work. This was only feasible with the Indian government’s approval of the Maternity Benefit Act, which allowed soon-to-be moms to focus on their family while taking maternity leave. Since the country’s independence in 1947, India’s economy has seen significant transformation. Nonetheless, the broad circumstances in which Indian women live have an impact on how they participate in the economy. Women are required to be chaste and especially modest in all behaviours that may limit their capacity to operate on an equal footing with males in the job. The exposure to the global network has benefited a subset of Indian women–the elite and upper middle class. As a result of the worldwide network, more women are involved in business businesses, international forums and have higher employment options. This section benefits from greater freedom of movement of products and capital. However, most women continue to be marginalised because they are typically employed in a chain of employment and are rarely given independent command of her job. Sharing responsibility at work or making individual judgements remains a distant possibility for them. Sexual harassment is another pervasive and worldwide issue that affects both men and women. The Supreme Court in the case of Vishaka and Others v. State of Rajasthan (1997) laid down guidelines to address sexual harassment of women in the workplace, which later formed the basis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to curb this issue. As we delve into the global scenario of women’s employment, it is evident that progress has been made, but challenges persist.
Historically, women were often confined to domestic roles, with limited access to education and professional opportunities. However, the latter half of the 20th century witnessed a gradual shift in societal attitudes and policies, opening doors for women to participate more actively in the workforce. The feminist movements of the 1960s and 1970s played a pivotal role in challenging gender stereotypes and advocating for equal rights. Today, women constitute a significant portion of the global workforce. In developed countries, there has been a notable increase in the number of women pursuing higher education and entering traditionally male-dominated fields such as science, technology, engineering, and mathematics. However, challenges persist, especially in developing countries where gender-based discrimination and cultural norms continue to impede women’s access to education and employment. In some regions, women face barriers such as limited mobility, lack of childcare support, and unequal pay for equal work.
In India the following rights for women at workplace initiates a stepping stone to curb the problems faced by Indian women labour class:
Constitutionally guaranteed rights: The Indian Constitution, considered the supreme law of the land, guarantees equality before the law to all citizens and bans discrimination against any citizen based on gender.
Equal remuneration and opportunities: The Equal Remuneration Act of 1976 mandates equal remuneration for men and women working in the same or similar jobs. The Act also forbids discrimination against female employees in hiring, promotions, training, and other employment conditions. In the case of Mackinnon Mackenzie & Co. Ltd. v. Audrey D’Costa (1987) the Supreme Court ruled that there cannot be any justification for women teachers being paid less or having fewer promotional avenues than their male counterparts.
Right to Harassment free work environment: The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was introduced to promote a safe working environment for women in the workplace, whether or not they are workers.
Maternity benefit and employment protection: The Maternity Benefit Act of 1961 provides eligible women employees with up to twenty-six weeks of paid maternity leave, making it one of the most generous maternity benefit laws in the world.
Health and safety: The Factories Act of 1948 requires businesses to provide adequate health, safety, and welfare measures for female employees. These include offering separate restrooms, dressing rooms, and lockers for female employees, as well as adhering to extra security and other regulations in order to engage female employees during nighttime hours. In the case of Madhu Kishwar v. State of Bihar (1996) the Supreme Court emphasized the need for crèche facilities and other welfare measures for women workers in the unorganized sector.
Mandatory board representation: Under the corporations Act of 2013, certain types of corporations must have at least one female director on their board. This is to ensure that women are represented at the highest levels of corporate decision-making.
The status of women as a labour class around the world reflects a complex tapestry of progress and persistent challenges. While significant strides have been made in many regions, with women increasingly entering diverse professions and breaking traditional barriers, gender disparities persist. Issues such as unequal pay, limited access to leadership roles, and inadequate work-life balance continue to impede the full realization of women’s potential in the workforce. There is a growing awareness of these challenges, leading to increased advocacy for gender equality and the implementation of policies aimed at addressing systemic issues. However, the pace of change varies across different cultures and societies. In some places, cultural norms and stereotypes still act as barriers to women’s full participation in the labour force. By fostering environments that promote equality and dismantling discriminatory practices, societies can harness the untapped potential of women, contributing to a more just and prosperous global workforce. Ultimately, achieving true gender equality requires a collective effort that spans across borders, industries, and generations.
Frequently Asked Questions
Q1. What are some of the key challenges faced by women in the global labor force?
Ans 1. Despite progress, women still face significant challenges in the global labor force, such as:
Unequal pay and fewer promotional opportunities compared to men
Limited access to leadership roles and decision-making positions
Lack of adequate work-life balance support, including childcare
Persistent gender-based discrimination and cultural norms that restrict women’s participation
Sexual harassment and unsafe working conditions, especially in developing countries.
Q2. How has the Indian Constitution and legislation addressed women’s labor rights?
Ans 2. The Indian Constitution and various laws have made significant strides in protecting and promoting women’s labor rights, including:
Constitutionally guaranteed equality before the law and prohibition of gender-based discrimination.
The Equal Remuneration Act (1976) mandating equal pay for equal work
The Sexual Harassment of Women at Workplace Act (2013) ensuring a safe work environment
The Maternity Benefit Act (1961) providing generous paid leave for new mothers
The Factories Act (1948) requiring health, safety, and welfare measures for female employees.
Q3. How have globalization and the rise of the digital economy impacted women’s employment opportunities?
Ans 3. The exposure to the global network and the rise of the digital economy have had a mixed impact on women’s employment. A subset of elite and upper-middle-class Indian women have benefited from greater freedom of movement, increased business opportunities, and higher employment options. However, most women continue to be marginalized, often employed in low-wage, precarious jobs with limited autonomy and decision-making power.