This article has been written by Gopika Kalidas Naduvilath, a fifth-year law student pursuing BBA LLB (Hons) at Alliance University, Bangalore.
Introduction
Gender equality in the workplace is a major global issue, and India is no exception. India, a country noted for its remarkable economic growth and social progress, is nevertheless coping with the long-standing issue of gender inequality in the workplace. While progress has been made, the journey to a fully equitable workplace remains arduous[1]. Despite significant progress toward gender equality, the Indian workplace still has long-standing disparities. This article covers the present state of gender equality in India’s workplace, the challenges faced, and the progress made toward a more equitable professional landscape. [2]
The State of Gender Equality in India
India has achieved great progress in gender equality over the years, thanks in part to legal reforms and increased public awareness. While the Constitution guarantees equal rights for all, societal norms, economic disparities, and cultural conventions continue to stymie women’s progress. Women have hurdles in education, work, healthcare, and political participation. The gender wage disparity remains, and women are underrepresented in leadership positions[3]. Domestic abuse, sexual harassment, and child marriage remain significant concerns. Policies such as the Maternity Benefit (Amendment) Act and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act aim to create a more supportive environment for women. However, the actual implementation of these legislation, as well as the cultural attitudes that influence workplace dynamics, usually lag behind. Some of the major issues is concerning the low female labor force participation, the wage gap, underrepresentation in leadership and sexual harassment. [4]
Despite these challenges, India is becoming more cognizant of gender equality. Laws have been enacted to protect women’s rights, and there are a growing number of women-led projects and organizations working to establish a more equitable society. However, the gap between policy and reality remains large, needing collaboration among the government, civil society, and the general public to achieve true gender equality.[5]
Factors Hindering Gender Equality
India’s progress toward gender equality is hampered by a complex combination of sociological, economic, and cultural issues. Deep-rooted patriarchal standards and gender stereotypes continue to influence women’s roles and possibilities. The desire for male infants, which frequently leads to female infanticide and neglect, exacerbates gender disparities. Furthermore, economic inequities and poverty disproportionately affect women, restricting their opportunities for education, healthcare, and work.
Cultural traditions like early marriage and the dowry system reinforce gender inequity. Domestic abuse is a widespread problem, limiting women’s involvement in public life and economic activity. Furthermore, the absence of proper infrastructure, such as healthcare facilities, educational institutions, and transportation, creates substantial problems for women, particularly in rural regions.[6]
The legislative structure, while progressive in certain ways, has implementation deficiencies. Weak enforcement of legislation safeguarding women’s rights, along with a lack of knowledge, permits discriminatory practices to continue. Furthermore, women’s underrepresentation in leadership roles restricts their ability to shape policy and build a more fair society. Some of the major factors are:
- Societal factors like the patriarchal norms, child marriage, gender stereotypes.
- Economic factors like poverty, wage gap, lack of economic and personal independence.
- Cultural factors such as patriarchal mindset, domestic violence, access to education and customs followed.
- Legal and policy factors like that of weak enforcement laws and the lack of women leaderships.[7]
Legal Framework for Gender Equality
India has a robust legislative framework that protects women’s rights and promotes gender equality. The Indian Constitution provides equality before the law and equal protection under the law to all people, including women. This foundational concept establishes the framework for future legislation that addresses particular gender-related concerns.
To provide equal economic opportunities, the Equal Remuneration Act mandates equal pay for equal work and forbids gender wage disparities. Furthermore, the Maternity Benefit Act provides crucial protections for working women, including paid maternity leave and other benefits. The Sexual Harassment of Women in the Workplace Act is a key piece of law that tackles the widespread problem of sexual harassment by establishing internal complaints committees and offering redressal mechanisms.
The Code on Wages, a recent unification of labor regulations, promotes the idea of equitable compensation and establishes other labor-related rights. Other important law is the Factories Act, which governs women’s work in industrial settings, and the Protection of Women from Domestic abuse Act, which deals with domestic abuse against women.
The Key Legal Provisions
The Constitution of India:
The Indian Constitution, which is recognized as the supreme law of the land, guarantees every person equal treatment under the law and prohibits gender discrimination. The Indian Constitution also grants citizens the right to perform any profession, trade, or business.[8]
The Factories Act, 1948:
This legislation compels employers to take proper health, safety, and welfare safeguards for female employees. These include providing separate washrooms, changing rooms, and lockers for female employees, as well as increasing security and other measures to engage female employees at night. Employers face similar duties in state-specific retail and commercial buildings. For example, the Haryana government has developed strict requirements that enable women to work night shifts in select types of industries, such as transportation and medical services.[9]
Maternity Benefit Act, 1961 and The Maternity Benefit (Amendment) Act, 2017 :
This regulation provides eligible female employees with up to 26 weeks of paid maternity leave, making it one of the most generous maternity benefit schemes in the world. Surrogate mothers and women who adopt infants under the age of three months are also eligible for twelve weeks of paid maternity leave under this legislation. Furthermore, female employees are entitled to paid leave in the event of illness caused by pregnancy or delivery, premature birth, miscarriage, or medical termination of pregnancy. The statute protects women on maternity leave against termination and arbitrary changes to their working conditions. Employers are also obligated to provide benefits that help women return to work after maternity leave, such as creche facilities and nursing breaks. The amendment act introduces provisions for adoptive and surrogate mothers. [10]
Equal Remuneration Act, 1976:
This legislation assures that men and women be compensated equally for work of the same or equivalent kind. The statute also prohibits discrimination against female employees in recruitment, promotion, training, and other areas of employment. Employers must maintain compliance-related papers and registrations available for scrutiny by authorized authorities.[11]
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
This Act was enacted to provide a safe working environment for women in the workplace, whether or not they are employees. In addition to taking efforts to avoid workplace sexual harassment, firms must form an internal committee to receive and adjudicate sexual harassment complaints in a timely and private manner. Employers are also expected to give frequent training to their employees on the subject.[12]
The Code on Wages, 2019:
This critical provision seeks to reduce the gender pay gap and provide equitable compensation for men and women. By embracing the Equal Remuneration Act, the code strengthens the legal foundation for gender equality in the workplace and promotes the concept of equal pay for equal labor. [13]
Challenges in Implication
India has a robust legislative foundation, yet there are execution challenges. These include a lack of understanding about women’s rights, cultural guilt associated with asserting these rights, poor enforcement mechanisms, and deeply established patriarchal ideas. Despite these challenges, the legal framework is an important foundation for advancing gender equality in India. Traditional gender conventions and prejudices can sometimes obscure legal obligations, preventing them from being carried out efficiently. This manifests itself in discriminatory practices such as unequal division of household responsibilities, limited access to education and employment for women, and the prevalence of domestic violence.
Another key issue is women’s misunderstanding of present regulations. Many women are unaware of their rights or the legal options available to them. This misunderstanding, along with concerns about societal shame and punishment, prevents people from seeking justice. Furthermore, the burden of proof is often placed on the victim, making it more difficult to prosecute perpetrators and get convictions. Enforcement of gender equality legislation is also a major issue. Understaffed and overburdened law enforcement agencies may prioritize other offenses, resulting in a delay in justice. Furthermore, corruption and bribery can obstruct the legal system, preventing victims from seeking justice. The judiciary, too, has a backlog of cases, resulting in protracted legal battles that may be emotionally and financially draining for victims.
Finally, the relationship between gender and other social traits such as caste, class, and religion exacerbates the dilemma. Women in poor communities face extra hurdles, making it even more difficult to get justice and enjoy equal rights. These factors, together, contribute to India’s ongoing gender inequality, despite the presence of progressive legislation.[14]
Conclusion
India has made great strides in developing a legislative framework that supports gender equality. However, the gap between law and practice is still large. Deep-rooted societal norms, economic disparities, and cultural biases continue to stymie women’s progress. While rules such as the Equal Remuneration Act and the Sexual Harassment Act provide a solid foundation, their effective implementation is complicated by a number of challenges. To achieve true gender equality, a diverse approach is essential. This includes strengthening law enforcement, raising awareness about women’s rights, and combating patriarchal customs. Furthermore, empowering women via education and skill development is crucial. It is vital to create an environment in which women may fully participate in the workforce and contribute to the country’s progress without facing discrimination or obstacles. Finally, achieving gender equality in India will need continual efforts by the government, civil society, and individuals. By addressing the root causes of inequality and working toward a more inclusive society, India can help its women realize their full potential and build a more equitable future.
[1] https://www.unicef.org/india/what-we-do/gender-equality.
[2] https://www.unicef.org/india/what-we-do/gender-equality.
[3] https://www.cry.org/blog/gender-inequality/#:~:text=4.,awareness%20for%20their%20well%2Dbeing.
[4]https://www.lexology.com/library/detail.aspx?g=7e83a562-eecb-41d5-b042-3fc78ac0f1aa#:
[5] https://www.orfonline.org/expert-speak/workplace-gender-inclusion-a-socio-legal-perspective.
[6]https://varthana.com/school/how-early-marriage-impacts-girls-education-and-limits-empowerment/#:~:text=How%20does%20early%20marriage%20affect,of%20education%20and%20future%20opportunities.
[7] https://www.cry.org/blog/gender-inequality/#:~:text=4.,awareness%20for%20their%20well%2Dbeing.
[8] https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1215&context=ilj.
[9] https://idronline.org/article/gender/laws-that-limit-womens-employment-in-india/.
[10]https://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/legal-awareness-for-women/laws-relating-to-working-women.
[11] https://www.ibanet.org/rethinking-Indian-law-on-equal-pay-towards-gender-pay-equality-in-workplace.
[12] https://bopter.gov.in/assets/pdf/handbook-on-sexual-harassment-of-women-at-workplace2.pdf.
[13] https://zeus.firm.in/legal-rights-of-women-in-india-at-home-in-the-workplace-and-in-society/.
[14] https://www.unicef.org/india/what-we-do/gender-equality.
