Women in India from antiquity were accorded the most exalted and respectful 
place in the society. During the post Vedic period they were confined within the 
four walls of the house and their role remained restricted to the traditional 
household work for cooking, maintenance of home and rearing of children. They 
were not supposed to seek any gainful employment outside the family. This 
hindered the economic development and reduced their social problems.
But due 
to industrialization and urbanization new social norms and values emerged.( Job 
opportunities, economic hardship and favorable cultural and social situations 
encouraged cultural and social situation encouraged women to seek employment 
outside the home.) After independence of the country the number of women to come 
out of their houses for work increased day by day. Although entering of women 
into work forced raised their economic and social status, yet it give rise to 
many problem and difficulties to them by way of exploitation, discrimination and 
dismal working conditions.
The problem of difficulties got multiplied due to 
their peculiar social, biological and psychological conditions and due to their 
illiteracy and ignorance. To undo the discrimination and exploitation, their 
arose a need to provide them some security and protection through law i.e., 
Constitution of India( Article 14, 15, 16, 23, 39, 43 and 46) which are provided 
for protection and security to women workers.
The protection are provided 
through different Plans, Program, Policies and Schemes of the Government. The UN 
system has been playing important role in the process of bringing awareness 
about women's unequal position in society. (The International Labour Organisation has stressed that the interests of women as workers are generally 
indistinguishable from those of men and it has gone further in emphasizing that 
a women workers should be given special attention as they have special 
difficulties which drive from their functions in the family and social attitudes 
and customs.)
The Government undertook various legislative measures for 
protection to women workers: The Factories Act, 1948, The Mines Act, 1952, The 
Maternity Benefit Act, 1961, The Equal Remuneration Act, 1976, The Payment of 
Wages Act, 1936, The Workmen's Compensation Act, 1923 etc.,
 
Statement Of Problem
It has been found that the protective measures taken by the Government such as 
separate toilets and washing facilities, drinking water etc., are not either 
provided or not adequately maintained. There are virtually no medical facilities 
and maternity benefits. The laws, policies and welfare system that are proposed 
for women workers cannot be effective unless they themselves are conscious of 
law and acquire the strength to ensure that laws are brought into force and the 
organs of public opinion and movement and organisations mount vigil and 
intercede to ensure that the provisions of the laws and welfare system are acted 
upon.
Introduction
One of the greatest thing is that the women facing the problem relating to the 
rights and privileges of women in India. From ancient to still today, women are 
struggling to find her social status and a respectable place in the society at 
the time Indian women were in a need of some laws in order to improve their 
social position and to ensure proper safety against mental and physical torture.
At that time Dr B.R. Ambedkar took certain constructive and much needed steps in 
favour of Indian women. Due to the revolutionary changes brought by our 
constitution and efforts made by Indian women, they have earned themselves a 
respectable position in the society and as a result they are treated equally 
with men. The constitution not only grants equality to women, it gives the 
measures and solution for the problem of women's and also empowers the state to 
adopt measures of positive approach in favour of women.
The Constitution of India mandates that women must be treated as equals and 
prohibits any discrimination against women in all areas, including education, 
vocational training, skill development and employment. Our Constitution also 
protects the rights of women workers by ensuring that their health and safety is 
duly protected in the course of employment, particularly those of pregnant 
women.
The Constitution also safeguards the dignity of women workers and ensures 
that they are provided a safe working environment free of sexual harassment. In 
order to fulfil the constitutional mandate all labour laws contain special 
provisions regarding the health and safety of women workers by regulating their 
working hours and by reducing the burden women have to carry. Recently a special 
law has been enacted to protect against sexual harassment at the workplace.
Factors affecting employment of women:
	Social factors:
	
	- Social Attitude: It is the most important factor and also responsible 
	for low level of women's employment. Such an attitude which does not 
	encourage women for employment has its root in the particularly existing in 
	the society since ages. It confined them to play the role of home maker. 
	Social ethos and perception control and essentially constrict women' work. (There are different 
standards of human behaviour for men and women in social sphere and women's 
participation in employment outside home is inappropriate, undesirable and 
potentially dangerous to their chastity and womanly virtue.)
 
	- Traditions, customs and taboo: Families still believe not to allow girls 
	to work for income. If they are allowed to work, their income is not meant 
	to run the house. Fathers are reluctant for their girls employment in the 
	first instance, and against utilising their money for household express. Customarily 
female children are discouraged to go out of town for education and particularly 
for employment(Again economic compulsions are weakening such traditions and 
customs but not enough to mend them). A number of jobs are just like taboo in 
our society and women either discouraged or legally barred from employment. Ex: 
taxi, truck or auto driving is not meant for women in India as these jobs are 
not considered safe. Women are movers in the society but earth moving jobs are 
denied to them.
 
	- Marriage: In our society, marriage seriously undermines employment of a 
	female. Consequently she enters late in the job market or makes re- entry 
	because they have sometimes, discontinue their employment on account of 
	marriage. This particular custom has priority over everything and marriage 
	comes first in case of females and as a result they lose employment for this 
	and they face the problem of re-entry or late entry into labour market.
 
	- Domestic chores: Since ancient time women's prime responsibility has 
	been domestic chores as if they are meant for it. It adversely affects the 
	employment prospects. They have to do only those jobs which would give them 
	enough time for domestic chores. Women try to avoid assignment in job which jeopardise their domestic activity and schedule which ultimately affect their 
options in employment and promotions.
 
	- Immobility: Lack of mobility either because of household chores or due 
	to inadequacy of arrangement for care of children does restrict employment 
	of workers. For men occupational diversifications and mobility are not very 
	difficult proposition, but for women it is great galling. Women cannot 
	easily move to other places because of family obligation, low skill. But 
	when men move, all the family responsibilities come to the shoulder of 
	women. Women have immobility in terms of space, time and energy. Similarly 
	their mobility in terms of time also gets affected during pregnancy and few 
	months after delivery of baby.
 
	- Child care: Indian society has tradition of assigning responsibility, 
	partially of not fully to female children to look after young siblings in 
	the family since female children are asked to take care of their young 
	siblings, even in their childhood. Bearing and rearing children compels them 
	to compromise with their employment.
 
	- Dependency: The way female children are brought up in our society, 
	especially in villages and towns that they become dependent on male persons. 
	When they travel even as grown up, females depend on some male member of the 
	family. It makes them to remain confined to their place and hence restricts 
	their employment opportunities and options.
 
	- Accommodation: Women who gets jobs on employment out of their town face 
	the problem of accommodation from the point of view of safety and security. 
	Those who are in employment and have transferable job find it difficult to 
	move so far away due to fear that they may not get a suitable 
	accommodations. Therefore women try to avoid this situation at the cost of 
	their employment and at the same time there are limited working women 
	hostels. They prefers to work locally available. It becomes a hindrance in 
	employment for women.
 
 
	Economic factors
	
	- Education: In general Indian still tend to think of the education and 
	careers of boys as more important than those of girls, for the simple reason 
	that boys inevitably become the primary breadwinners of their own families 
	when they marry. Investment in education gets priority for male children in 
	Indian society. Female children rarely get preference in the matter of 
	education especially at tertiary levels. Parents usually compromise for the 
	quality of education and expenses in case of female children as they invest 
	just to educate them and not from the viewpoint of employment. Education of 
	girls is increasing their value in the matrimonial market and on the 
	contrary male children education aim at their career and hence the best 
	possible education is provided to them.
 
	- Training: Job oriented courses of elementary nature are generally 
	preferred for females rather than males. Women are largely in computer 
	courses, boutique and fabric painting and similar elementary courses which 
	lead them to low paid jobs and land them in the secondary segment of labour 
	market. Therefore, women's advancement in employment is generally hampered. 
	Exclusive women training programmes are very few at least in the private sector.
 
	- Unionism: Women generally lack unionism as they have dual 
	responsibility. Lacking unionism among women workers make them relatively 
	vulnerable and does not inspire to fight against sex based problems such as 
	reservations in promotion and training programmes. As a result discrimination 
against women could not be eliminated in India.
 
	- Infrastructure: Lack of infrastructure and other facilities is hindrance 
	in women's employment. Even collateral rule does not accept women as 
	guarantors unless they have fixed their assets in their names. A 
	discriminatory approach to provide infrastructural facilities to women is 
	commonly observed in India. It also hampers their employment prospects.
 
	- Payment: The assumption that women are not primary breadwinners and that 
	they provide only supplemental income to their families has resulted in 
	their extensive exploitation. Low payment offered to women has confined them 
	to the lower cadre in employment. In addition, the contributions of women 
	make to the running of the home and family businesses( maintaining vegetable 
	plots or poultry) are often rendered invisible, because this work is not 
	formally paid and generally is taken for granted. Of all employed women, a 
	greater number work in public sector, where wage discrepancies tend to be 
	far more than in private sector. In small cities and towns women teachers 
	get less remuneration than the minimum wages paid to men workers. Wage 
	discriminate discourage them to go for performance and hence their career 
	advancement get blocked.
 
	- Supplementing Income: The women join the employment when economic 
	condition of the family so demand or warrant and they are withdrawn when 
	solvency permits. Women work during economic distress of the family, they 
	are asked to lend helping hand to its survival. Women work is exclusively 
	for the family rather than for their own sake and sustenance. They enter job 
	market when male's earning become inconsistent, inadequate or withheld. 
	Recruitment option exercised by the family limits women's flexibility in the 
	labour market.
 
	- Technological Development: When a new technology is introduced to 
	automatic specific manual labour, women tend to lose their jobs because they 
	are confined to and are responsible for the manual duties. Studies have 
	shown that technological change has eliminated many jobs traditionally 
	performed by women and alternative job opportunities have not been created 
	for women at the same rate as for men.
 
	- Gender Based Division Labour: The gender based division which has 
	extended from household work to work outside the home. Women are primarily 
	involved in agriculture activities which require less skill and more back 
	breaking and low paying work. Even in industries in which women are employed 
	in large numbers like textile, export oriented industries like garments, 
	electronics, building and construction industry gender based division of 
	labour can be seen. Though India has a large number of labour laws, they 
	tend to ignore women's experiences and their outlook tends to be 
	paternalistic.
 
 
Women Rights under Indian Labour Laws
Labour law apply to that area of activity where workers are working under a 
contract of employment. Working women form a major thick peak of society. The 
women workers need special protection and equal treatment under the law. To 
protect the women, many legislative provisions have been provided in almost all 
labour statutes which address problems of women labourers in their employment 
situation. The legislation relate to regulation of employment in dangerous 
occupations, prohibition of night work, restrictions on carriage of heavy loads, 
wages, health, gratuity, maternity relief, equal pay for equal work, social 
security, etc.,
The rights contained in the labour laws has been divided in the 
following heads:
	- Measures in regard to health safety and welfare for women: Unless the 
	workers are physically and mentally healthy they cannot perform their duties 
	effectively. The basic aim of the welfare services in an industry is to 
	improve the living and working conditions of workers and promoting the 
	physical, psychological and general well being of the working population. 
	Thus, it is necessary to adopt measures to maintain their health and to 
	provide safety and welfare measures to the women workers and regulate their 
	working condition.
	
	There are various labour laws which deals with health, safety and welfare to 
	women workers which are as follows:
	
	The Factories Act, 1948:
 The Act was drastically amended in 1987 whereby 
	safeguards against use and handling of hazardous substances for setting up 
	hazardous industries were laid down like latrine and urinal facilities 
	separately for men and women, prohibition of work in hazardous occupations 
	where it provides that no women shall be allowed to clean, lubricate or 
	adjust any part of a prime mover of any transmission machinery, lubrication 
	or adjustment which would expose the women to risk of injury from moving any 
	part either of that machinery, washing and bathing facilities are provided 
	for women workers and shall be kept clean, creches (It is a nursery and a place where babies of 
working women are taken care of while the mothers are at work) which provides 
that in every factory there shall be a suitable room for the use of children 
under the age of 6 years of such women and should be adequately clean, 
ventilated, accommodation and sanitary condition, Hours of work which provides 
that the daily hours of work of adult workers have been fixed at 9(Section 54 of 
the Factories Act, 1948)but sometimes men can work for more time but it does not 
permit women workers to go beyond the limit, maximum permissible load, 
prohibition of night work and may other safety measures.
	
Pearson v Belgium Co LTD.(1896) 1 Q B 244:The question was whether stationary 
parts of a machine can be cleaned by women if the machine as a whole is in 
motion. It was held by the court that if machinery as a whole is in motion even 
stationary parts of the machine cannot be cleaned by woman.
	
Richard Thomas and Baldwins Ltd. V Cummings(1955) 1 AII ER 285:The court 
observed that there would be no breach of statutory duty if an injury occurs 
while the machinery is unfenced, if the power is cut off and the machinery is 
under repairs and the parts are not in motion but are moved by hand for purposes 
of repairs.
 
	The Mines Act, 1952:
 The Act has been enacted to amend and consolidate 
	the law relating regulation of labour and safety in mines. Mines means any 
	excavation where any operation for the purpose of searching for or obtaining 
	minerals has been or is been carried on and includes all open cast workings, 
	railways, tramways and sidings belonging to a mine, all levels and inclined 
	planes, all shafts belonging to a mine. It includes prohibition of night 
	work which provides that women should be allowed to work between the hours 6 a.m and 7 p.m. 
and there should be an interval of not less than eleven hours between he 
termination of employment on any one day and the commencement of the next period 
of employment, prohibition of work in hazardous occupation, creches, latrine and 
urinal facilities and other general provisions
 
	The Plantation labour Act, 1951:
The Act regulates the condition of work 
	of plantation workers and provides for their welfare.( Plantations means nay 
	plantation to which this act applies and includes offices, hospitals, 
	dispensaries, schools etc used for any purpose connected with such 
	plantation but does not include factory.) It also includes prohibition of 
	night work, creches, latrine and urinal facilities and many other general provisions.
 
	Building and other Construction Workers' Regulation of Employment and 
	Conditions of Service Act, 1996:
The purpose of this Act is to regulate the 
	employment and conditions of service of constructions workers and to provide 
	for their safety, health and welfare measures. The special feature of this 
	act is that it covers all private residential buildings if the cost of 
	construction is more than one lakh rupees. Building and other construction work  is defined as 
construction, repairs, etc., It include special provision like latrine and 
urinals, accommodation, creches and other general provisions.
 
	The Beedi and Cigar Workers(Condition of Employment) Act, 1966:
The purpose of 
this act is to provide for the welfare of workers in beedi and cigar 
establishments self-employed and regulation of work conditions. The Act applies 
to all employees in beedi and cigar establishments except self-employed persons 
working in their own houses. It includes prohibition of night work, creches, 
latrine and urinal facilities and other general provisions. 
 
	- Social Security Measures for Women: Social security is a basic need of 
	all women regardless of employment in which they work and lie. Women have to 
	face various contingencies when they involved in employment such as 
	sickness, maternity, disablement, employment insecurities and risks. They 
	constitute an important step towards the goal of a welfare state by 
	improving living and working conditions and affording the women protection 
	against the uncertainties of the future.
	
	The various legislations measures adopted by the Government and which 
	provide protection to the women workers in certain contingencies are as:
	
	The Maternity Benefit Act, 1961:
 The Act was passed with a view to 
	reduce disparities under the existing Maternity Benefit Act and bring 
	uniformity with regard to rates, qualifying conditions and duration of 
	maternity benefits. The Act repeals the Mines Maternity Benefit Act, 1941, 
	the Bombay Maternity Benefit Act, 1929, the provision of maternity 
	protection under the Plantation Labour Act, 1951 and all other provincial 
	enactments covering the same field.
	
	The Act does not apply to factory or 
	establishment to which the provisions of Employee's State Insurance Act, 
	1948 applies except as otherwise provided in Section 5A and 5B of the Act. 
	The Act seeks to regulate the employment of women in certain establishments 
	for certain periods before and after child birth and to provide maternity 
	benefit and certain other benefits to women workers.
	
	It applies to every 
	establishment being a factory, a mine or plantation including any such 
	establishment belonging to Government and to every establishment wherein 
	persons are employed for the exhibition of equestrian, acrobatic and other 
	performance. It includes restriction on employment of pregnant women which 
	provides that no employer should knowingly employ women during the period of 
	6 weeks immediately following the day of her delivery or miscarriage or 
	medical termination of pregnancy, Right to payment of Maternity Benefit 
	which provides that they will be liable for payment to them at the rate of 
	average daily wages for the period of actual absence immediately preceding 
	and including the day of her delivery and for six weeks immediately 
	following that day.
	
	It provides that a woman shall be entitled to maternity 
	benefit for a maximum period of 12 weeks of which not more than six weeks 
	shall precede the date of her expected delivery, protection against 
	discrimination, leave for miscarriage and illness (they will 
be entitled to leave the wages at the rate of maternity benefit for a period of 
6 weeks immediately following the day of her miscarriage or medical termination 
of pregnancy), leave for illness ( leave for a maximum period of one month with 
wages at the rate of maternity benefit are allowable in case of illness out of 
pregnancy), increase maternity leave to 6 months (The Sixth Commission has 
recommended enhancement of maternity leave upto six months.
	
	The Maternity 
Benefit Act, 2017 allows having a maternity leave for 26 weeks for biological 
mothers and for mothers who have adopted a child could got a leave for 12 weeks. 
The Commission has proposed enhancement of maternity leave from 135 to 180 days 
for two children and further continuation of leave upto two years for the same 
purpose with creche facilities that can be contributory, nursing breaks(every 
women who returns to day after delivery of child, shall in addition to the 
interval of rest allowed to her, be allowed in the cause of her daily work, two 
break of 15 minutes duration each child for nursing the child until the child 
attains the age of 15 years, no deduction of wages( The employer should not make 
any deductions from the normal and usual daily wages of a woman entitled to 
maternity benefit rarely due to the light nature of work assigned to her or for 
the nursing breaks allowed to her.
 
	Municipal Corporation of Delhi v Female Workers (AIR 2000 SC 1275):
The Supreme 
Court declared that the maternity benefit is applicable to casual workers and 
daily wage workers also. In this case the question was whether the muster roll employees (which are casual and daily wage employees) of municipal corporation 
are entitled to maternity benefit. There is nothing in the Maternity Benefit Act 
which entitles only regular women employees to the benefit of maternity leave 
and not to those who are engaged on casual basis or on muster roll on daily wage 
basis.
	
	
 
	Sexual Harassment:
	Sexual harassment is not only viewed as a 
	discrimination problem related to safety and health, but also as a violation 
	of fundamental rights and human rights. It is offensive at a very level and 
	in a way undermines the right to equal opportunity and equal treatment of 
	women at the workplace. The first and foremost effort ought to be to prevent 
	the occurrence of such harassment in the first place, but in the event that 
	such harassment does occur, it ought to be punished and the victims 
	protected.
	
	Women are often unaware of their rights and also many a time keep 
	things quiet in fear of losing their jobs. Employers need to be more 
	proactive about spreading awareness and fighting against sexual harassment 
	at the workplace. Employers and trade union ought to take more active steps 
	towards the prevention and punishment of such activities. This can be done 
	through policies and procedures adopted within the industry itself.
	
	There 
	should be an adequate complaint, mechanism, disciplinary rules, sexual 
	harassment, awareness, defence training, and communication strategy. The 
71st session of the ILO Conference 1985 adopted a resolution on the matter which 
states �sexual harassment at the workplace is detrimental to employee's working 
conditions and to employment and promotion prospects. Policies for the 
advancement of equality should therefore include measures to combat and prevent 
sexual harassment.
	
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013: 
The Sexual Harassment at workplace Act of 2013 is a special Legislation aiming 
towards providing a safe and hostile free environment at work to women. An 
effective implementation of the Act will contribute to the realization of their 
right to gender equality, life and liberty, equality in working conditions 
everywhere. The sense of security at the workplace will improve women's 
participation in work, resulting in their economic empowerment and inclusive 
growth. The Act is gender specific to only women.
 
	The Workmen's Compensation Act, 1923:
 It deals with cases of an 
	accident, or some disease occurs at workplace resulting in death or 
	disability of women workers is not merely a financial loss, but also of 
	house keeping function. The rate of compensation in case of death is an 
	amount equal to 50 percent of the monthly wages or an amount of Rs 80,000 whichever is more. But mainly we will 
deal with the legislations for the women workers are:
	
	Minimum Wages Act, 1948:
It is primarily designed for the 
	protection of workers in the unorganised sector, where majority of women work. It is to 
provide minimum statutory wages for the scheduled employments with a view to 
obviate the chances of exploitation of labour through payment of very low and 
sweating wages. It also provides for the minimum daily working hours, weekly 
rest day and overtime.
 
	Sanjit Roy v State of Rajasthan (236):
The court held that every person who 
provides labour or service to another is entitled atleast to the minimum wage 
and if anything less than the minimum wage is paid to him, he can complain of 
violation of fundamental rights under Article 23 and ask the court to direct 
payment of minimum wages to him so that the breach of Article 23 may be abated.
 
	Payment of Wages Act, 1936:
It was enacted to regulate payment of 
	wages to workers employed in industries and to ensure a speedy and effective 
	remedy to them against illegal deductions and unjustified delay caused in 
	paying wages to them. Wages includes all terms of money and payable to the 
	employee including any sum payable for termination of service, wages in lieu 
	of holidays or leave, overtime wages and bonus payable.(It does not include value of any 
house accommodation, supply of light, water, medical, contribution to any 
pension travelling etc.,
 
	Equal Renumeration Act Safeguard Women's Right, 1976:
Part IV 
	relating to the Directive Principles of State Policy Article 39 of the 
	Constitution envisages that the state shall direct its policy, among other 
	things and every employer is under a legal obligation to pay the same wages 
	for men and women if they perform the same work or work of a similar nature. 
	The Act is now applicable to almost every kind of establishment. Even if it 
	is being performed at different places, the salary has to be the same. An 
	employer cannot discriminate against women while recruiting unless 
	employment of women is prohibited or restricted by law. Thus, in matters of 
	recruitment, promotions, training or transfer, the employer is prohibited 
	from discriminating against women.
	
	The responsibility of ensuring that the provisions of the Act are strictly 
	followed and also that there is no discrimination between men and women in 
	the sphere of recruitment, promotions and training lies with the employer. 
	It is also the responsibility of the employer to maintain proper registers, 
	documents or must rolls etc., which can be scrutinised by the labour officer 
	the district. Any woman who faces discrimination in these aspects can file a 
	complaint before the labour officer of her area. Thus in Air India case (Air 
	India v Nargesh Meerza, Air 1981 SC 1929) the judiciary has played an 
	active role in enforcing and strengthening the Constitutional goal of equal 
	pay for equal work.
 
	Sanjit Roy v State of Rajasthan (AIR 1988 SC 238):
The Supreme court directed the 
State government not only to pay the minimum wages but also to pay wages in 
accordance with the principle of equal pay for equal work to both men and women 
worker engaged in famine relief work.
 
	Bhagwan Das v State of Haryana (AIR 1987 SC 2040):
The Supreme court was of the 
view that persons doing similar work cannot be denied equal pay on the ground 
that mode of recruitment was different and a temporary or casual employee 
performing the same or similar duties and functions is entitled to the same pay 
as that of a regular or permanent employee.
	
The Supreme court held that equal wages will be payable even to casual workers 
engaged through contractor when they are doing the same work.(FCI v Shyamlal K 
Chatterjee, 2000 LLR 1293 SC) 
 
 
Cases
Madhu Kishwar and others v State of Bihar and others(1992, SCC 102):
The 
petitioners who were members of Oran tribes of Bihar challenged the Chhota 
Nagpur Tenancy Act, 1908 on the ground that under the said Act the succession of 
property was confined to male only. It was contended by the petitioner that that 
the Act was violative of fundamental rights to equality. The court held that as 
citizen of the country, the female members of these tribes were entitled to 
Constitutional guarantee given to them under Article 14. However instead of 
deciding the case on merits the court directed the state of Bihar to explore the 
possibilities of inheritance to female also.
Air India v Nargesh Meerza (AIR 1981 SC 1829):
The court held that the termination 
of service on pregnancy was unreasonable and arbitrary and was therefore, 
clearly violative of fundamental right Under Article 14 of the Constitution. 
Having taken in service and after having utilised her services for four years to 
terminate her service if she becomes pregnant amounts to compelling the poor air 
hostess not to have any children and thus interfere with and divert the ordinary 
course of human nature.
Dattatreya Motiram v State of Bombay (AIR 1953, Bom 311):
Chief Justice Chagla held 
that as per Article 15(1) and 15(3) the state could discriminate in favour of 
women against men, but it could not discriminate in favour of men against women.
State of Kerala v K. Kunihipacky (AIR 1965 Ker 108):
The question of preferring 
female lectures in state colleges exclusively for women came under picture. A 
male lecture claimed that a female lecture junior to him in experience had been 
promoted to a professorship in the same department, violating Article 16.
Traditionally, only females had been appointed to teaching position in women's 
colleges when available. The state argued that since the preference of females 
in women's colleges was an established practice, preference for a female teacher 
was proper. The court held that while the preference of women in women's college 
was not unreasonable given the general inequality between sexes, seniority 
cannot be overlooked, directing the government to reconsider the promotion after 
the contestant presented reason to support their promotion.
In effect the court 
held that females can be given preferences over male in women colleges, a 
conventional practice but, once appointed, senior male and female employees of 
equal calibre should be promoted. The question arises would the court take the 
same step if a female claimed discrimination in men's college where most 
employees are men, the answer is probably the court would upheld the convention 
of extending preferences to men in men's college.
Mrs. Sivanarul v The state of Tamil Nadu and others(1985 II LLJ 133):
The court 
held that an order of termination of the services of a lady teacher serving in a 
private school recognised and aided by the Government, based on a clause in the 
contract of service, on the ground that she got married was not only obnoxious, 
but also opposed to public policy and bad.
Mohini Philip v Union of India and others(1993 (II) LLJ 182):
The petitioner was 
working as a nursing officer in military service was ordered to be released and 
relieved from service on the ground of marriage. The court held that irrelevant 
consideration have been taken into account to order the release on marriage 
ground only. Thus, the order was arbitrary and unreasonable and quashed the 
order of termination. It further held that there is a circular which provides 
for assessment of standard of performance after marriage not violative of 
Articles 14 and 16.
 
Conclusion
The above study brings the conclusion that the dignity of women in society 
provides an exact measure of the development of society. Now a days women engage 
themselves in agriculture, plantation, mine beedi, crafts, home based work etc., 
But unfortunately there are various factors that have caused women lagging 
behind men like social attitude, traditions, custom, marriage, gender based 
division labour, lack of confidence, sexual harassment fear.
Women workers at 
work place face the problem of low and discriminatory wage, exploitative working 
conditions etc. It can be concluded that women workers conditions cannot be 
improved unless they are giving special protection and the governments have paid 
due attention towards miserable working and living conditions of women. The 
Constitution of India has given special attention towards the needs of women to 
enable them to exercise their rights on an equal footing with men and 
participate in national development. It also aims to creation of an entirely new 
social order where all citizens are given opportunities for growth and 
development and where no discrimination takes place on the basis of race, 
religion, sex, caste, colour, etc.,
It can be seen from the multiple special provisions made for the welfare of the 
women that both at the national and international levels, there has been a 
movement towards the empowerment of women in labour laws. There has been a clear 
move towards making equal pay, equal access to opportunity, prevention and 
redressal of sexual harassment and provision of maternity benefits a reality in 
India.
Women represent half the world's population and gender inequality exists 
in every nation on te planet. Until women are given te same opportunities that 
men are, entire societies will be destined to perform below their true 
potentials. The greatest need of the hour is change of social attitude. Women 
are generally unable to give proper and quality time to households, kids and 
family. Working women generally face workplace sexual harassment, mental 
pressure and safety issues. Women face problems leaving kids at home and going 
to office early in the morning. People making particular perception or draw 
conclusion about characters of working women.
Recommendations And Suggestions
	- It can be suggested that government should monitor the implementation of 
	judicial decisions on cases relating to injustice against women and ensure 
	that victims have prompt access to effective remedies.
 
	- Organisations should have an internal code to ensure security of 
women's employees and take measures to ensure that they discharge their job in a 
secure atmosphere.
 
	- Governments should make it mandatory for companies to install Global 
	Positioning System in vehicles carrying women, in all industries which 
	engage women in night shifts. The directions and guidelines issued by the 
	supreme court should be observed strictly and women should be aware of their 
	rights.
 
	- There is a need to educate them through mass media, seminars, 
	conferences, through adult education programmes and through trade union. Labour 
Department and Law Faculties can play an important role by publishing their 
rights through hand books , newspapers and through legal awareness.
 
	- Steps should be taken by the government to ensure that no exploitations 
	of labour takes place. This will ho a long way in the upliftment 
of the standard of living of women workers in general.
 
	- It has been recommended that in fixing minimum wages, the basic minimum 
	needs of workers and his/her family for sustenance should be kept in view so 
	that the wage prescribed is a just wage.
 
	- There is also need, to do everything possible to increase women's 
employment opportunities and to raise their productive efficiency.
 
	- It is suggested that the workers are advised to follow the small size 
	family plan.
 
	- To make labour legislations result oriented, infrastructural facilities 
	need to be provided and strengthened.
 
 
Please Drop Your Comments