A Brief Study of Constitutional and Legal Rights of Working Women in India

Constitutional rights and legal rights are the two categories under which India’s women’s rights fall. The constitution’s many provisions provide for the rights guaranteed by the document. However, the many laws (acts) passed by the state legislatures and the parliament provide legal rights. The Indian constitution was drafted during a time when Indian women’s status was extremely low and urgent reform was required. Women in the society were subjected to physical and psychological abuse. For this reason, numerous actions have been taken to support women in the constitution. The Indian constitution’s fundamental duties uphold the principle of gender equality, Preamble, Directive Principles and Fundamental Rights. The constitution gives women equality and gives the state the authority to implement positive discrimination policies that benefit women. Since India is a democratic nation, laws, plans, programs, and development policies have all attempted to promote women’s advancement in a variety of fields. However, there are now many instances of women being exploited in society. The rights of women have been seriously threatened by violence against them. The majority of women do not fully understand their rights. Thus, the constitutional and legal rights of Indian women as well as the obstacles to those rights will be covered in this article. 

Constitutional Rights

The Indian constitution, which went into force in 1950, establishes the groundwork for women’s rights, including those of working women. While article 15 forbids sex-based discrimination, article 14 guarantees equality before the law. Equal opportunities in matters pertaining to public employment are guaranteed by article 16. The legal foundation for gender equality in India is established by these articles taken together.
Furthermore, the commitment to social justice is strengthened by the directive principles of state policy (part iv of the constitution) particularly article 39(a) and (d) which demand equal pay for equal work and the protection of workers’ rights, especially those of women. These constitutional clauses serve as the cornerstone for numerous laws that protect working women from discrimination, exploitation, and inequality at work.

Key Legislative Protections

A number of significant laws have been passed to protect working women’s constitutional rights. In order to address wage disparities that have historically disadvantaged women, the equal remuneration act of 1976 requires equal pay for equal work for both men and women. By providing job protection during pregnancy and the first few weeks of motherhood, the maternity benefit act of 1961, as amended in 2017, extends paid maternity leave to 26 weeks, thereby improving the health and well-being of both women and children.

Another significant piece of legislation that resulted from the Vishaka guidelines established by the Supreme Court in 1997 is the sexual harassment of women at workplace (Prevention, Prohibition and Redressal) act of 2013. In order to give women a safer workplace, this act requires employers to set up procedures to stop and deal with sexual harassment at work. Additionally, it mandates that organizations establish internal complaints committees (ICCS) to handle sexual harassment complaints.

Additionally, the 1948 factories act establishes safety rules for women employed in factories, including limitations on working hours and provisions for childcare facilities in establishments employing more than a specific number of women. In a similar vein, female employees are entitled to financial and medical benefits under the 1948 employees’ state insurance act.

Role of Judiciary on Legal Rights of Working Women at Workplaces in India

In India, the judiciary has been crucial in establishing and defending working women’s legal rights at work. The Indian courts have expanded the scope of women’s workplace rights and upheld gender equality through landmark rulings and proactive interpretations of constitutional and statutory provisions. In this context, the judiciary plays a critical role in ensuring the effective implementation of legislative measures and in developing new standards to protect women’s rights in the face of shifting socioeconomic conditions.

Constitutional Framework and Judicial Role

Articles 14, 15, and 16 of the Indian constitution guarantee equality before the law, prohibit sex-based discrimination, and ensure equal opportunities in public employment. These clauses have been upheld by the judiciary in a number of rulings, strengthening working women’s legal rights.

In this regard, Vishaka V. State Of Rajasthan (1997) is one of the most important cases. The supreme court of India established guidelines in this landmark ruling to address workplace sexual harassment in the absence of specific legislation. The Vishaka guidelines required employers to take proactive steps to prevent sexual harassment and mandated the creation of complaints committees within organizations. The ability of the judiciary to establish proactive frameworks in the absence of legislative action was demonstrated by this case. These protections were formally institutionalized in 2013 with the passage of the sexual harassment of women at workplace (Prevention, Prohibition and Redressal) act, which was based on the guidelines.

Workplace Safety and Gender Equality

In order to guarantee safe working conditions for women, the judiciary has also stepped in. For example, the Supreme Court emphasized the need of humane working conditions, including gender-specific considerations, in The People’s Union for Democratic Rights V. Union of India (1982) case, particularly for vulnerable workers in hazardous industries. This case reinforced the need for gender-sensitive labor laws by highlighting the constitutional duty to protect women from exploitative working conditions.

In Air India V. Nergesh Meerza (1981) the Supreme Court invalidated discriminatory service requirements placed on air hosts concerning marriage, pregnancy, and retirement. This was another significant intervention. A broader interpretation of the right to work and equal treatment in both public and private employment resulted from the court’s ruling that such conditions violated equality principles and were an insult to women’s dignity.

Equal Pay and Maternity Benefits

Additionally, the judiciary has been crucial in ensuring that women receive equal compensation. Despite requiring equal pay for equal work regardless of gender, the equal remuneration act of 1976 has not always been applied consistently. The courts have frequently intervened to guarantee that this law is being followed. The Supreme Court upheld the principle of gender parity in compensation by reiterating that women must be paid equally for the same work in cases such as Mackinnon Mackenzie & Co. Ltd. V. Audrey D’ Costa (1987).  The rights granted by the maternity benefit act of 1961 have also been reinforced by the judiciary’s expansive interpretation of maternity benefits. The Supreme Court ruled in cases like Municipal Corporation of Delhi V. Female Workers (2000) that even contract and casual women workers were entitled to maternity leave and benefits, guaranteeing greater coverage for women in a variety of industries.

The Role of Principles of Social Justice in Protecting the Rights of Working Women in India 

In order to ensure that working women in India have access to equal opportunities, respectable working conditions, and freedom from discrimination, social justice principles are essential. Social justice principles, which are based on the ideals of equality, justice, and human dignity, seek to address the structural and historical disadvantages that women have experienced in both the formal and informal sectors of the labor market. These principles are embedded in the Indian constitution and are reflected in laws, policies, and judicial interventions that strive to uplift working women and safeguard their rights.

Constitutional Foundation of Social Justice

The Indian constitution embodies the essence of social justice, particularly through its Preamble, Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV). The preamble underscores the ideals of justice—Social, Economic and Political—and equality of status and opportunity. Articles 14, 15, and 16 guarantee equality before the law, prohibit discrimination based on sex and ensure equal opportunities in public employment. These constitutional mandates provide the foundation for protecting the rights of working women, promoting gender equality in the workplace.

The necessity of social justice is further supported by the directive principles of state policy, particularly articles 38 and 39. While article 39 emphasizes equal pay for equal work and requires that both men and women workers have the right to a sufficient means of subsistence and safe working conditions, article 38 calls on the state to further the welfare of the populace by minimizing inequalities. Together, these clauses uphold the spirit of social justice by addressing structural injustices that have historically marginalized women and promoting fair treatment of them in the workplace.

Equal Pay and Employment Opportunities

Securing equal pay for equal work for women has been made possible in large part by the social justice principle. A direct result of the realization that gender-based wage disparities are unfair and go against the principles of equality and fairness is the equal remuneration act of 1976. This law ensures that women are not subjected to wage discrimination based only on their gender by requiring equal pay for men and women performing the same or comparable work.

Furthermore, equal employment opportunities for women are required by the social justice principle. Social justice demands proactive interventions to ensure that all women, including those from marginalized communities like Dalits, Adivasis, and rural women, have access to these opportunities, even though the law guarantees non-discrimination in hiring, promotion, and other employment-related decisions. Despite their primary focus on caste-based reservations, affirmative action policies also indirectly benefit women by encouraging more inclusive workplaces.

Maternity Rights and Work-Life Balance

Promoting working women’s rights to balance their personal and professional lives also heavily relies on social justice. Women are not forced to choose between motherhood and their careers because to the 26-week paid maternity leave provided by the maternity benefit act of 1961, which was amended in 2017. This law, which has its roots in social justice, gives women job security during pregnancy and after giving birth while also acknowledging their biological and social responsibilities.

In addition to maternity benefits, social justice principles require workplace policies that support work-life balance, such as flexible work schedules, childcare facility access, and safeguards for women returning to the workforce following maternity leave. By tackling these problems, social justice helps lessen the financial and professional disadvantages that women frequently experience as a result of their care giving responsibilities.

Addressing Informal Sector Challenges

Due to a lack of oversight and legal protections, social justice is frequently elusive for the large percentage of Indian women employed in the unorganized sector. Social justice principles support giving women in unorganized sectors access to labor protections like fair wages, safe working conditions, and maternity benefits. While there is still more to be done to guarantee these workers have complete protection, initiatives like the unorganized workers’ social security act of 2008 aim to close this gap. Because they place a strong emphasis on equality, justice, and dignity, social justice principles are crucial for defending the rights of working women in India. The legal and constitutional framework, which aims to guarantee equal pay, protect maternity rights, stop sexual harassment, and provide a safe workplace, reflects these ideals. There are still difficulties, nevertheless, especially in the unorganized sector and in guaranteeing that these safeguards are applied effectively. Achieving true gender equality in Indian workplaces will require sustained efforts to uphold social justice.

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