Vande Matram! As the law is evolving with the changing era of the time, various provisions were also given for the protection and welfare of women under labour laws. This article will provide a brief introduction regarding various provisions for women's welfare under various labour laws in India.
Introduction:
After the independence of the country the number of women to
come out of their houses for work increased day by day. Although entering of
women into work forced raised their economic and social status, it give
rise to many problems and difficulties to them by way of exploitation,
discrimination and dismal working conditions.
To undo the discrimination and exploitation, there arose a
need to provide them with some security and protection through law i.e.,
Constitution of India (Article 14, 15, 16, 23, 39, 43 and 46) which are
provided for protection and security to women workers. The constitution not only grants equality to women, it gives
the measures and solutions for the problem of women and also empowers the
state to adopt measures of positive approach in favour of women. Our Constitution also protects the rights of women workers
by ensuring that their health and safety are duly protected in the course of
employment, particularly those of pregnant women. The Constitution also safeguards the dignity of women
workers and ensures that they are provided with a safe working environment free of
sexual harassment.
The International Labour Organisation has stressed that the
interests of women as workers are generally indistinguishable from those of men
and it has gone further in emphasizing that women workers should be given
special attention as they have special difficulties which drive from their
functions in the family and social attitudes and customs.
The Government undertook various legislative measures for
protection to women workers:
The Factories Act, 1948,
The Mines Act, 1952,
The
Maternity Benefit Act, 1961,
The Equal Remuneration Act, 1976,
The Payment of
Wages Act, 1936,
The Workmen's Compensation Act, 1923 etc.,
Women Rights under Indian Labour Laws
Labour law apply to that area of activity where workers are
working under a contract of employment. Working women form a major thick peak
of society. Women workers need special protection and equal treatment under
the law. To protect women, many legislative provisions have been provided
in almost all labour statutes that address problems of women labourers in
their employment situation. The legislation relating to the regulation of employment
in dangerous occupations, prohibition of night work, restrictions on the carriage
of heavy loads, wages, health, gratuity, maternity relief, equal pay for equal
work, social security, etc.,
Some of the important protective provisions for safeguarding
the interests of working women are:
Safety/Health Measures
Section 22(2) of the Factories Act, 1948 provides that no
woman shall be allowed to clean, lubricate or adjust any part of a prime mover
or of any transmission machinery while the prime mover or transmission
machinery is in motion, or to clean, lubricate or adjust any part of any
machine if the cleaning, lubrication or adjustment thereof would expose the
woman to risk of injury from any moving part either of that machine or of any
adjacent machinery.
Pearson v Belgium Co LTD.(1896) 1 Q B 244:The question was
whether stationary parts of a machine can be cleaned by women if the machine as
a whole is in motion. It was held by the court that if machinery as a whole is
in motion even stationary parts of the machine cannot be cleaned by a woman.
Richard Thomas and Baldwins Ltd. V Cummings(1955) 1 AII ER
285:The court observed that there would be no breach of statutory duty if an
injury occurs while the machinery is unfenced if the power is cut off and the
machinery is under repairs and the parts are not in motion but are moved by
hand for purposes of repairs.
Section 27 of the Factories Act, 1948 prohibits the employment
of women in any part of a factory for pressing cotton in which a cotton opener
is at work.
Prohibition of Night Work
Section 66(1)(b) of the Factories Act, 1948 states that no
woman shall be required or allowed to work in any factory except between the
hours of 6 a.m. and 7 p.m.
Section 25 of the Beedi and Cigar Workers (Conditions of
Employment) Act, 1966 stipulates that no woman shall be required or allowed to
work in any industrial premise except between 6 a.m. and 7 p.m.
Section 46(1)(b) of the Mines Act, 1952 prohibits employment
of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.
It includes the prohibition of night work which provides that
women should be allowed to work between the hours 6 a.m. and 7 p.m. and there
should be no less than eleven hours between the termination of
employment on any one day and the commencement of the next period of employment.
Prohibition of Sub-terrain Work
Section 46(1)(b) of the Mines Act, 1952 prohibits the employment
of women in any part of a mine that is below ground.
Maternity Benefit
The Maternity Benefit Act, 1961 regulates the employment of
women in certain establishments for certain periods before and after
childbirth and provides maternity benefits. The Building and Other
Constructions (Regulation of Employment and Conditions of Service) Act, 1996
provides for maternity benefit to female beneficiaries of the Welfare Fund.
Municipal Corporation of Delhi v Female Workers (AIR 2000 SC
1275): The Supreme Court declared that the maternity benefit is
applicable applies to casual workers and daily wage workers also. In this case, the
question was whether the muster roll employees (which are casual and daily wage
employees) of a municipal corporation are entitled to maternity benefit. There is
nothing in the Maternity Benefit Act that entitles only regular women
employees to the benefit of maternity leave and not to those who are engaged on a casual basis or on muster roll on a daily wage basis.
Air India v Nargesh Meerza (AIR 1981 SC 1829): The
court held that the termination of service on pregnancy was unreasonable and
arbitrary and was, therefore, clearly violative of fundamental right Under
Article 14 of the Constitution. Having taken in service and after having
utilised her services for four years to terminate her service if she becomes
pregnant amounts to compelling the poor air hostess not to have any children
and thus interfere with and divert the ordinary course of human nature.
Provisions for Separate Latrines and Urinals
Provision for separate latrines and urinals for female
workers exist under the following:
Rule 53 of the Contract Labour (Regulation and Abolition)
Act, 1970.
Section 19 of the Factories Act, 1948.
Rule 42 of the Inter-State Migrant Workmen (RECS) Central
Rules, 1980.
Section 20 of the Mines Act, 1952.
Section 9 of the Plantations Labour Act, 1951.
Provisions for Separate Washing Facilities
Provision for separate washing facilities for female workers
exists under the following:
Section 57 of the Contract Labour (Regulation and Abolition)
Act, 1970.
Section 42 of the Factories Act.
Section 43 of the Inter-State Migrant Workmen (RECS) Act,
1979.
Provision for Crèches
Provision for crèches exists under the following:
Section 48 of the Factories Act, 1948.
Section 44 of the Inter-State Migrant Workmen (RECS) Act,
1979.
Section 12 of the Plantations Labour Act, 1951.
Section 14 of the Beedi and Cigar Workers (Conditions of
Employment) Act, 1966.
Section 35 of the Building and other Constructions
(Regulation of Employment and Conditions of Service) Act, 1996.
Sexual Harassment:
Sexual harassment is not only viewed as a discrimination
problem related to safety and health, but also as a violation of fundamental
rights and human rights. It is offensive at a very level and in a way
undermines the right to equal opportunity and equal treatment of women at the
workplace. Policies for the advancement of equality should therefore
include measures to combat and prevent sexual harassment.
Sexual Harassment at Workplace (Prevention, Prohibition and
Redressal) Act, 2013: The Sexual Harassment at workplace Act of 2013 is a
special Legislation aiming towards providing a safe and hostile free
environment at work to women. Effective implementation of the Act will
contribute to the realization of their right to gender equality, life and
liberty, equality in working conditions everywhere. The sense of security at
the workplace will improve women's participation in work, resulting in their
economic empowerment and inclusive growth. The Act is gender-specific to only
women.
Payment of wages:
Minimum Wages Act, 1948: It is primarily designed for the protection of workers in
the unorganised sector, where the majority of women work. It is to provide minimum
statutory wages for the scheduled employments to obviate the
chances of exploitation of labour through payment of very low and sweating
wages. It also provides for the minimum daily working hours, weekly rest days and overtime.
Sanjit Roy v State of Rajasthan (236): The court held
that every person who provides labour or service to another is entitled at least to the minimum wage and if anything less than the minimum wage is paid to him,
he can complain of the violation of fundamental rights under Article 23 and ask the
court to direct payment of minimum wages to him so that the breach of Article
23 may be abated.
Equal Remuneration Act Safeguard Women's Right, 1976: Part IV relating to the Directive Principles of State Policy
Article 39 of the Constitution envisages that the state shall direct its
policy, among other things and every employer is under a legal obligation to
pay the same wages for men and women if they perform the same work or work of a
similar nature. The Act is now applicable to almost every kind of
establishment. Even if it is being performed at different places, the salary
has to be the same. An employer cannot discriminate against women while
recruiting unless the employment of women is prohibited or restricted by law. Thus,
in matters of recruitment, promotions, training or transfer, the employer is
prohibited from discriminating against women.
Sanjit Roy v State of Rajasthan (AIR 1988 SC 238): The
Supreme court directed the State government not only to pay the minimum wages
but also to pay wages by the principle of equal pay for equal
work to both men and women workers engaged in famine relief work.
Bhagwan Das v State of Haryana (AIR 1987 SC 2040): The
Supreme court was of the view that persons doing similar work cannot be denied
equal pay on the ground that the mode of recruitment was different and a temporary
or casual employee performing the same or similar duties and functions is
entitled to the same pay as that of a regular or permanent employee.
Conclusion:
It can be concluded that there are many provisions available in the Indian laws which are framed in the view of women's welfare in all the areas of employment covering maximum problems related to women. Also, the judiciary had contributed a lot to various law reforms through landmark judgments.
#WomenWelfareLawsInIndia
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References
1) About Women Labour
2) Women Rights Under Indian Labour Laws- A Socio-Economic Study
