By Soumya Saxena
In India, gender equality in the workplace remains an unfulfilled promise. Gender inequality is deeply rooted in patriarchal values and structures that act as barriers. This is manifested in many forms.
Firstly, women in India face pervasive gender-based violence and harassment at home, in public spaces and workplaces. The lack of safe and secure environments inhibits their full participation in the workforce and limits their career advancement opportunities. Persistent workplace discrimination impacts women’s professional growth and earning potential. This includes biases in hiring, promotions, and pay, which undermine women’s contributions and hinder their career progression. Additionally, women and girls bear a disproportionate share of care work, including household chores and caregiving responsibilities. This unequal distribution of care work limits their ability to engage fully in the workforce and pursue career opportunities. Finally, the deep-seated patriarchal norms and societal expectations have led to significant gender gaps in the educational and professional landscapes. Skill gaps further disadvantage women, limiting their access to better-paying, higher-status jobs.
To meet these challenges, the government has enacted various laws and initiated multiple schemes to address gender inequality and improve women’s participation in the workforce. These measures address diverse employment aspects, notably for the growing number of female migrant workers, who now represent 49% of all migrants from India. Additionally, India’s commitment to gender equality is reflected in its adherence to international covenants like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and efforts to implement supportive policies and programs.
Several legal provisions have been established to safeguard women’s rights and enhance their work environment. For example, the Factories Act 1948 and The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 ensure safe working conditions, particularly for women in physically demanding jobs. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and The Maternity Benefit Act, 1961, provide essential protections for women in specific sectors, including provisions for maternity leave and safe working conditions. The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) offers wage employment and aims to support rural women. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 address the needs of women migrant workers and ensure workplace safety. The Minimum Wages Act of 1948 establishes the principle of “equal pay for equal work,” mandating fair compensation irrespective of gender. Complementarily, the Equal Remuneration Act of 1976 prohibits wage discrimination and enforces equal pay for equivalent tasks.
Furthermore, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, provides a framework for creating a secure work environment by addressing sexual harassment, which is crucial for increasing female workforce participation.
In 2019 and 2020, India introduced new labour codes to consolidate and streamline existing laws, including the Occupational Safety, Health, and Working Conditions Code, 2020; Code on Wages, 2019; Code on Social Security, 2020; and Industrial Relations Code, 2020. These codes include provisions for restrictions on night shifts, suitable seating arrangements, and facilities for personal hygiene, addressing the unique needs of female workers. However, effective implementation and compliance are critical for these provisions to impact gender equality positively.
Despite these advances, the proportion of working women in India declined from 20% in 2019 to 18% in 2020, reflecting a persistent gender gap projected to take 132 years to close. By 2022, this gap narrowed to 68.1%, indicating some progress but still a slow pace.
To enhance women’s participation in the workforce, aligning social attitudes with legal provisions is essential. Deep-seated biases and societal norms often create invisible barriers, such as biases in promotions and job opportunities, contributing to the “glass ceiling” effect.
Addressing these issues requires comprehensive legal frameworks and cultural and systemic changes. Workplaces must accommodate diverse aspects of women’s lives and enforce gender discrimination laws rigorously. Governments and legal institutions must strictly enforce these laws, hold violators accountable, and support victims in accessing justice.
While India has made strides in implementing gender-inclusive laws and policies to support gender equality, comprehensive solutions require addressing both legal and societal dimensions of inequality. Creating a genuinely equitable work environment involves ongoing efforts to challenge patriarchal structures, close skill gaps, and ensure that legal protections translate into tangible improvements in women’s work experiences.
The views expressed in the article is the Gender Lead, ActionAid Association.
