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Human Rights Violation Faced By Women In Unorganised Sector

According to the National Commission for Women, the unorganised sector employs 94 percent of all female workers. The presence of a large number of women as employees and producers in the unorganised sector supporting industry, where incomes are poor, work is seasonal and precarious Services are terribly insufficient or nonexistent, and prospects for advancement are scarce.

Because a lack of collective organisation, has brought to light the failure of the mainstream to help them out of their dilemma While it is true that employees, Women, regardless of gender, are exploited in the unorganised sector more because of their gender There have been serious concerns expressed about labouring women's lifestyles, states of mind, and even more crucially, the impact of efforts to motivate them.

Human rights are acknowledged as inalienable rights that must be achieved by all people. As a result, it is critical to comprehend how unorganised employees in general, and women workers in particular, who are considered as the most vulnerable segment of India's human resources, exercise their human rights.

According to the ILO study "More and Better Jobs for Women-An Action Guide," more than 45% of women worldwide between the ages of 15 and 64 contribute significantly to the economy.

Unorganised Sector:

Long hours of labour, wage discrimination of men and women, lack of job security, no minimum salaries, absence of minimal amenities at work place, ill-treatment, intense physical work, and sexual exploitation, among other things, define the unorganised sector. Laboring women are mostly employed in the unorganised sector.

They are not covered by Protective Labour Laws or Trade Union Organizations. They are not paid fairly or given acceptable working conditions. There are little prospects to increase their earnings because females in this sector work mostly as workers in unskilled jobs or as domestic servants. Globalization, export-oriented industrialisation, and the movement of companies from industrialised to developing nations all contribute to a rise in women.

Characteristics Of Unorganised Labour:

Unorganized labour is massive in terms of numbers, and as a result, it is prevalent across India. Because the unorganised sector suffers from high seasonality of employment, the bulk of unorganised employees do not have steady and long-term job opportunities.
  1. The workplace is disorganised and dispersed.
  2. There is no official link between employer and employee.
  3. The unorganised labour force in rural regions is strongly stratified based on caste and communal factors. While such issues are significantly less prevalent in urban settings, they cannot be completely eliminated because the majority of unorganised employees in metropolitan areas are migrant workers from rural regions.

Need For Women To Work:

Women work mostly for economic independence or economic need. Some women are qualified enough to work for accomplishment, while others labour to serve society. The majority of women enter and subsequently leave productive labour only out of economic need. This is the rationale for high female involvement rates in economically disadvantaged neighbourhoods.

Upper-class women are typically confined to their houses. Rural women (27%) outnumber urban women (10%) in terms of labour force participation. We discover that women typically seek temporary and standby positions due to a general reluctance to hire women in permanent jobs and provide them with suitable working conditions. The majority of women work in agriculture and the unorganised sector.

Problems Faced By Women:

Women workers' employment in the unorganised sector is not sustainable since they do not receive enough training. Women from lower castes and groups experience greater social disparities.
  1. They do not have the right to raise their voice and interfere with financial decisions made in their own family.
  2. The biggest issue for female employees in the unorganised sector is workplace exploitation and harassment. Women in the unorganised sector are not entitled to maternity benefits or child care services.
  3. Women employees are regularly subjected to discrimination as a result of gender inequality.
  4. Women employees are not entitled to the benefits of the Minimum Wage Act or the Factory Act, which apply to the organised sector. Inadequate labour laws among unorganised workers, as well as a lack of social security
  5. Diseases threaten unorganised workers.

Cases:
  • Sanjit Roy v/s State of Rajasthan [1]:
    The court ruled that anytime a state employee is impacted by a drought or scarcity, the state is not required to pay him the minimum wage, which violates Article 23 of the Indian Constitution. Any labour job performed by inmates, and if they are not paid minimum wage, is forced labour and violates Article 23 of the Constitution.
     
  • Daily Rated Casual Labour v. Union of India [2]:
    The court ruled that classifying workers into regular and working employees violates Articles 14 and 16 of the Constitution. No one can refuse to provide services to a worker because they are from a scheduled caste. The judiciary should safeguard the rights of unorganised employees and execute social security support plans for their benefit.

The Judiciary's Role in Protecting the Unorganized Sector:

When legislation is not properly implemented, the judiciary protects the rights of unorganised workers. Aside from law, the Indian Constitution guarantees unorganised labourers essential rights. Any person who works but is not paid the minimum wage for the labour he accomplishes violates Article 21 of the Indian Constitution. According to Article 21, the government must recognise bonded labour. Every state government is required to provide bonded labour with basic human dignity.

Conclusion:
Unorganized employees in India confront a variety of issues, including low income, severe treatment by employers, and terrible living conditions. Social security is an essential issue that the government should address in order to minimise poverty in the country.

Apart from the Unorganized Employees Social Security Act of 2008, there are several plans for the welfare of unorganised workers, such as an old age scheme, a life insurance scheme, a health insurance scheme, and so on.

Various sections of India's constitution safeguard the rights of unorganised labourers. Unorganized employees should be educated about their health, living conditions, and salaries, and they should not be exploited by their bosses in their workplaces.

Bibliography:
  • Anand, Vaijayanta 1998, "Advocating for the Rights of Construction Workers: Nirman's Experience", The Indian Journal of Social Working, Vol. 59, No.3.
  • Census of India 2001, Series 7, Haryana, Provisional Population Totals, Paper 1 of 2001.Census of India
  • 2001, Series 7, Haryana, Provisional Population Totals, Paper 3 of 2001
  • Gaur, K.D. and RanaRachita 2002, "Participation of Women in Unorganised Sector", in Singh, J.L. Pandey,
  • https://www.researchgate.net/publication/340647203_WOMEN_WORKERS_IN_UNORGANIZED_SECTOR_IN_INDIA_PROBLEMS_AND_PROSPECTSABSTRACT
  • https://www.legalserviceindia.com/legal/article-3001-protection-of-rights-of-unorganized-workers.html
End-Notes:
  1. 1983 AIR 328, 1983 SCR (2) 27
  2. 1987 AIR 2342, 1988 SCR (1) 598

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