Indian Labour Laws and Women's Rights

Labour laws apply to that area of activity where workers are working under a contract of employment. As the workers are being Subject to exploitation and discrimination and their human rights being violated so the need arose for the enactment of the labour laws for their protection and security.

Working women form a major thick peace of society. Amongst labourers, the condition of working women is particularly vulnerable.

This special treatment to women workers is due to the peculiar and psychological reasons, such as their physical build-up, poor health due to repeated pregnancies, home drudgery, and due to the nature of occupation in which they are engaged.

Early measures for their protection were simple in character and were designed only to regulate the hours of work and employment.

The establishment of the International Labour Organisation in 1919 influenced considerably the activities of the State in this field.

Consequently, such laws were passed which not only regulated the hours of work but also contained provisions of health, safety, and welfare of women workers and guarantees equality before the law and equal treatment to women workers.

Following are some of the statutory enactments pertaining to Labour Law:

1. The Maternity Benefit Act, 1961.

2. The Equal Remuneration Act, 1976.

3. The Factories Act, 1948.

4. The Mines Act, 1952.

5. The Plantation Labour Act, 1951.

6. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

7. The Contract Labour (Regulation and Abolition) Act, 1970.

8. The Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

9. Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996

10. Minimum Wages Act, 1948.

11. Payment of Wages Act, 1936.

12. The Employees’ State Insurance Act, 1948.

13. The Workmen Compensation Act, 1923.

14. The Employees Provident Funds and Miscellaneous Provisions Act, 1952.

15. Payment of Gratuity Act, 1972.

These legislations relate to the regulation of employment in dangerous occupations/employments, the prohibition of night work, restriction on the carriage of heavy loads, wages, health, gratuity, maternity relief, equal pay for equal work, social security, provision of crèches and other welfare facilities, etc.

Measures with regards to health, safety, and welfare of labourers especially women

The efficient working process needs sound health of the people engaged therein, safety of the workers from accidents causing partial or total disablement, and sudden misfortunes affecting the victims and their dependents.

Unless the workers are physically and mentally healthy they cannot perform their duties effectively.

There are various labour laws which deal with health, safety, and welfare to women workers which are as follows:

A. The Factories Act, 1948 The Factories Act is a welfare legislation enacted with an intention to regulate working conditions in the factories and to provide health, safety, and welfare measures.

Besides, the Act envisages to regulate the working hours leave 2 holidays, overtime, employment of children, women and young persons, etc.

The Act was drastically amended in 1987 whereby safeguards against the use and handling of hazardous Substances and procedures for setting up hazardous industries were laid down.

Special provisions relating to women

1. Latrine and Urinal Facilities

The Factories Act, 1948 makes it obligatory for every factory to maintain an adequate number of latrines and urinals of the prescribed type separately for men and women workers. Such facilities are to be conveniently situated and accessible to workers at all times while they are in the factory.

2. Prohibition of work in Hazardous Occupations

The Factories Act, 1948 prohibits employment of women in dangerous occupations.

3. Washing and Bathing Facilities

According to Section 42 (1)(b) of The Factories Act, 1948 separate facilities washing and bathing are provided for women workers.

4. Crèches

A crèche is a nursery. It is a place where babies of working mothers are taken care of while the mothers are at work.

5. Hours of work

As per The Factories Act, the daily hours of work of adult workers have been fixed at 9. Although the Act permits men under certain circumstances to work for more than 9 hours on any day it does not work beyond this limit.

6. Maximum Permissible Load

To safeguard women against the dangers arising out of lifting to heavyweight, the Factories Act authorizes the appropriate Governments to fix the maximum load that may be lifted by women.

A crèche is a nursery. It is a place where babies of working mothers are taken care of while the mothers are at work. factories.

7. Prohibition of Night work

The Factories Act, 1948 prohibits the employment of women during night hours.

8. To provide health measure The occupier of the factory is obliged to undertake following measures for ensuring good health and physical fitness of workers whether male or female.

a) Cleanliness and disposal of wastes and effluents

b) Ventilation, temperature & humidity

c) Prevent dust and fumes

d) Avoid overcrowding

e) Lighting and drinking water

f) To undertake safety measures

The main objective of these statutes is to provide the workers with medical relief, sicknesess cash benefits, maternity benefits to the women workers, pension to the dependents of the deceased workers, compensation for fatal and other employment injuries including occupational diseases, in an integrated form through contriubtory fund.

There are countless schemes and statutory enactments introduced for the benefit of labours. With the help of this article, I intend to give a brief on this topic.