This article discussing the rights of women workers is written by ARANYA SAHA, pursuing Diploma in Entrepreneurship Administrative and Business Law from NUJS, Kolkata.

The Constitution of India provides many fundamental rights and duties of every citizen of India. The rights are given irrespective of any caste, creed, religion or sex. These rights are freely enjoyed by every citizen of India, with these rights there come to some duties, which the citizens are bound to follow. Every citizen is equal in the eyes of law and is not discriminated on any ground. From the early times to the present world women are discriminated on every aspect of their lives; from their household to their workplace. In India, there are many laws which are made to protect the rights of women and to punish the offenders. Some of the acts are Equal Remuneration Act 1976, national Commission for Women act 1990, Sexual Harassment of Women at the workplace (prevention, prohibition and Redressal) Act 2013, Maternity Benefit Act 1861. Along with the above-mentioned acts, there are many other acts which are made for the benefit of women so that they are not discriminated for being a woman.

In India, it is found that men underestimate women and discriminate them in every aspect of a day to day life. The working women’s faces many problems in their workplace. Their rights were violated and they were not given the position they deserved. The Equal Remuneration Act 1976 came up with promising effects for payment of equal remuneration to men and women workers for same work or work of similar nature without any discrimination and also prevents discrimination against women employees while making recruitment for the same work or work of similar nature or in any condition of service subsequent to recruitment. The section 5 of the act says that while making recruitment for the same work or work of similar nature, or in any condition of service subsequent to recruitment such as promotion, training or transfer shall not make any discrimination against women except where the employment of women if such work is prohibited or restricted by or under any law for the time being in force. Every worker is allowed to work for 48 hours in a week. Women workers shall not be employed except between the hours of 6 a.m. and 7 p.m. However, the state government may by a notification in the Official Gazette vary these limits to the extent that no women shall be employed between the hours of 10 p.m. and 5 a.m.

The Maternity Benefit Act 1961 aims to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working. The Section 4 of the act prohibits women from working in an establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. A pregnant woman shall not be allowed to work which is of an arduous nature or which involves long hours of standing, during the period of one month immediately preceding the period of six weeks, before the date of her expected delivery. The above act assures the right to payment of maternity benefit to every working woman. Every woman shall be entitled to and her employer shall be liable for the payment of maternity benefit at the rate of the average daily wages for the period of her actual absence, that is to say the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day. The maximum period for which any women shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery. Every woman who delivers a child and returns to work has the right to get the interval for rest and in the course of her daily work, two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months. The act also provides that if any employer fails to pay any amount of maternity benefit to women entitled under this act or discharges or dismisses such women during or on account of her absence from work in accordance than he shall be punished with imprisonment or fine or both.

Sexual Harassment in the workplace

Women faced many kinds of sexual harassment in their workplace too. In an office with more number of male employees than female employees, female employees were harassed a lot sexually either verbally or physically. Sexual harassment is a violation of Article 14, 15 and 21 of the Constitution of India. In this respect on 9th December 2013, the Sexual Harassment of women at Workplace (Prevention, prohibition and redressal) Act came into force. This act ensures that all women will get protection in their workplace in respect of any sexual harassment being faced by them.

Many of initiatives have been taken by the government for protecting the rights of working women’s. It has been done because women were showing least interested in working because of the problems which they face. Only the women who are in need of money were working despite those problems they were facing. It was a loss to the economy as well. The government with its legislative powers has amended many of the acts for the women and has also made many boards which work in this respect. They take prompt action once a report of such has been logged. Every working woman has specific rights which are given to them. Most of the women worker who are illiterate are exploited by the employer. They are not given their rights. The government has set special bodies who look after this matter so that the women are made literate that they are entitled to such rights and if violated or cheated they can move to the appropriate courts where they will be given justice.  In the present scenario though women still face problem in the workplace or their rights are openly violated but at least women have the knowledge about their rights and how to protect them. These specific rights given only to women doesn’t amount to inequality. These rights and benefits are constituted for the women so that they are not discriminated in any way for being a woman.

REFERENCE

• A text Book of Industrial and Labour Law.