The Constitution of  India has recognised the right of women to equal employment. Article 14 lays down the equality before law of all citizens and Article 15 prohibits discrimination on the grounds of sex, religion, race, etc., Articles 16(1) and 16(2) emphasise equal opportunities for all in the matter of employment and prohibits discrimination in employment on the grounds of sex, race, religion, etc., Article 15(3) of the Constitution empowers the State to make special provisions for women and children, within the framework of the fundamental rights. Articles 39 and 42 specifically refers to women and children. They direct the State to secure health and strength of all workers, men , women and children and not to abuse children for economic gains. Article 42 assures humane and just conditions of work and maternity benefits. Labour legislations for women in India are based on these constitutional guarantees and are guided by the International Labour Organisation (ILO) Conventions. India has also ratified the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) on July  9, 1993. The ratification obligates the government to address inequality and discrimination against women and commits it to change the situation through policy and other measures.

Employment in India must be seen in the context of two sections - the organised and the unorganised workforce. In India, the size of the workforce is 313 million (1994 NSSO figures) of which only 27 million, i.e, about 8 per cent are in the organised sector. The remaining 92 per cent  are in the unorganised sector.

It is, however, in the unorganised sector where women constitute the major portion of the workforce and it is here that laws are too inadequate to offer gender justice. There have been some legislative attempts in certain States. In Maharashtra, we have two draft bills : the Construction Workers (Regulation of Employment and Conditions of Service) Bill, 1986; and the Domestic Workers Conditions of Service Bill, 1994. But these bills are still being campaigned.

Social legislations, by and large, in the experience of society and the police has been that they are very very difficult to enforce. One of the reasons is that the complainants themselves are very weak. The women workers, therefore, need to be empowered. In democratic socieities, policies and legislations have to be necessarily modified to suit emerging needs. Besides, social legislations need a different approach and frame work for implementation. The implementing authorities and organisations should function as agents for social change.

Liberalisation, and all that it implies, in terms of privatisation of the public sector, lifting of restrictions on imports, freer entry of multinational corporations, abolishing subsidies for the erstwhile priority sector, mergers, takevoers and so on, is here to stay. The effect of this on the Indian working class is already proving to be significant. The structural changes have caused a large-scale `shedding of labour'. Certain studies have shown that the structural adjustment policies have had adverse effect on women's employment. It is also said that these structural changes have curtailed job opportunities in the organised sector. One economist has predicted that there will be a  `distress sale' of  female labour. Export based industrailisation using cheap labour is increasingly used as a  competitive strategy. Thus export oriented industries, which have been female labour intensive, are likely to expand in the future. Fears are also expressed on the possible increase in sexual harassment and victimisation as means of control at the workplace.


Source: Title:`Symposium on Women's Rights at the Workplace: Emerging Challenges and Legal Interventions: Proceedings and Select Papers/Presentations [CED Ref. B.A21b.B60]