This article has been written by Md. Saquib Rahman, 4th year law student at Faculty of Law Jamia Millia Islamia

 

Abstract:

This paper provides a concise overview of women’s rights in the workplace  relating to womens and also Christian womens, highlighting key aspects such as bibel views and observations  regarding working women’s and their rights,legislation, challenges, and the need for continued efforts to promote gender equality. It summarizes the current state of women’s rights, emphasizing the significance of legal provisions and the persistent obstacles faced by women in the workplace. The abstract concludes by emphasizing the importance of creating an inclusive and supportive work environment to ensure the empowerment and progress of women in India.

This research paper provides an overview of women’s rights in the workplace in India also. It explores the legislative framework that protects women’s rights, including the Equal

Remuneration Act and the Sexual Harassment of Women at Workplace Act. This also addresses challenges such as the gender pay gap, gender stereotypes, and workplace harassment. It

Emphasizes the need for continued efforts to promote gender equality and create an inclusive work environment that supports the professional growth and empowerment of women. India may seek to achieve equal opportunity and equitable treatment for women in the workplace by putting awareness campaigns, legislation reforms, and organizational efforts into practice.

 

INTRODUCTION:

 

Women’s rights in the workplace have been a topic of significant importance and discussion in India. Over the years, there have been notable advancements in promoting gender equality and empowering women in various spheres of society, including the workplace. However, challenges and barriers still exist, highlighting the need for continued efforts to ensure equal rights,

Opportunities, and a conducive work environment for women across the country. India, as a democratic nation, recognizes the fundamental rights of its citizens, irrespective of gender. The Constitution of India guarantees equality and non-discrimination under Article 14, which forms the foundation for safeguarding women’s rights in the workplace. Additionally, specific

 

Legislation and legal provisions have been enacted to protect women’s rights and address gender- based discrimination and harassment. The Equal Remuneration Act, 1976, is a crucial legislation that mandates equal pay for equal work, prohibiting gender-based wage discrimination. This act ensures that women receive remuneration on par with their male counterparts for similar job roles and responsibilities. However, despite these provisions, the gender pay gap remains a persistent issue in India. Another essential legislation that protects women’s rights in the workplace is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This act aims to create a safe and harassment-free environment for women by mandating the establishment of Internal Complaints Committees (ICC) in organizations and providing a mechanism for reporting and redressal of complaints. In recent years, there have been efforts to enhance maternity benefits for women employees. The Maternity Benefit

(Amendment) Act, 2017, extended the duration of paid maternity leave from 12 weeks to 26 weeks, providing women with adequate time for childbirth, recovery, and childcare. This amendment was a significant step towards recognizing and supporting the rights of working Mothers. Despite these legislative measures, challenges persist in ensuring gender equality in the workplace. Gender stereotypes, unconscious biases, and cultural norms continue to hinder women’s progress and limit their career opportunities. Women often face barriers in accessing Leadership positions, encountering glass ceilings that impede their professional growth. Additionally, workplace harassment, both overt and subtle, remains a concern. Women often experience various forms of discrimination, including verbal abuse, exclusion, and unfair

 

A Biblical perspective on working women

 

                                    

 Genesis 2:18 And the Lord God said, “It is not good that man should be alone; I will make him a helper comparable to him.” Why was woman created. God created woman for two simple reasons—to be a companion and an aid to man. She was to be his “help meet.” In Hebrew, this means “opposite part” or “counterpart.” So, the woman was not created to be man’s subordinate part but to be his counterpart—a coequal part. Man and woman were thus created coequal. Therefore, the relationship between man and woman was intended to be reciprocal in nature. They were to be “aid and companion” to each other. But at the time of the Fall, all this changed. Genesis 3:16 To the woman He said: “I will greatly multiply your sorrow and your conception; In pain you shall bring forth children; Your desire shall be for your husband, and he shall rule over you.” God initially designed man and woman to be counterparts, but from the day of the Fall, the woman became subordinate to man, her desire and longing had become toward her husband, and he ruled over her. Thus, because of the Fall, today, we have a fallen world where man dominates. This is the fallen state and not God’s intended state. But the good news is that in redemption, Christ restored the woman back as coequal to man. There is neither male nor female in Christ. “There is neither Jew nor Greek, there is neither slave nor free, there is neither male nor female; for you are all one in Christ Jesus” (Galatians 3:28). Both man and woman are now coheirs (in Greek “participants together”) of the grace of life. 1 Peter 3:7 Husbands, likewise, dwell with them with understanding, giving honor to the wife, as to the weaker vessel, and as being heirs together of the grace of life, that your prayers may not be hindered. Man must understand that now, the woman is the coequal part in the things of God. However, in the unredeemed fallen world, we still see predominantly that man dominates. The world has not been redeemed completely and hence, this structure continues.

The women of the Bible In our study of God’s Word, we find that God has used women in different capacities throughout history outside their homes. A quick list of examples. Miriam the prophetess Exodus 15:20 Then Miriam the prophetess, the sister of Aaron, took the timbrel in her hand; and all the women went out after her with timbrels and with dances. Women helped in building the tabernacle Exodus 35:22,25,26 22They came, both men and women, as many as had a willing heart, and brought earrings and nose rings, rings and necklaces, all jewelry of gold, that is, every man who made an offering of gold to the Lord. 25 All the women who were gifted artisans spun yarn with their hands, and brought what they had spun, of blue, purple, and scarlet, and fine linen. 26 And all the women whose hearts stirred with wisdom spun yarn of goats’ hair. God wanted women to be taught the Word of God Deuteronomy 31:12 Gather the people together, men and women and little ones, and the stranger who is within your gates, that they may hear and that they may learn to fear the Lord your God and carefully observe all the words of this law,  Deborah, a prophetess, was also a judge in Israel (Judges 4:4). Jael Is It Right for Women to Be In the Workplace Jael was a homemaker who gave Israel a mighty victory by nailing a man on the head (Judges 4:21).  God used women to help rebuild the walls of Jerusalem  Nehemiah 3:12 And next to him was Shallum the son of Hallohesh, leader of half the district of Jerusalem; he and his daughters made repairs. Esther  was a queen who brought deliverance to God’s people. Women ministered to Jesus In the New Testament, we read about women who ministered to Jesus. Mark 15:41 who also followed Him and ministered to Him when He was in Galilee, and many other women who came up with Him to Jerusalem. Luke 8:1-3 1 Now it came to pass, afterward, that He went through every city and village, preaching and bringing the glad tidings of the kingdom of God. And the twelve were with Him, 2 and certain women who had been healed of evil spirits and infirmities— Mary called Magdalene, out of whom had come seven demons, 3 and Joanna the wife of Chuza, Herod’s steward, and Susanna, and many others who provided for Him from their substance. Lydia Acts 16:14 Now a certain woman named Lydia heard us. She was a seller of purple from the city of Thyatira, who worshiped God. The Lord opened her heart to heed the things spoken by Paul .Lydia, a businesswoman at Philippi was a trader in purple cloth. God used her to open her house to bring about the church at Philippi. “So they went out of the prison and entered the house of Lydia; and when they had seen the brethren, they encouraged them and departed” (Acts 16:40).

Aquila and Priscilla Acts 18:1-4 1 After these things Paul departed from Athens and went to Corinth. 2 And he found a certain Jew named Aquila, born in Pontus, who had recently come from Italy with his wife Priscilla (because Claudius had commanded all the Jews to depart from Rome); and he came to them. 3 So, because he was of the same trade, he stayed with them and worked; for by occupation they were tentmakers. 4 And he reasoned in the synagogue every Sabbath, and persuaded both Jews and Greeks. Aquila and Priscilla were tent makers—a business couple who were Paul’s ministry partners. At least in three other places, Paul refers to them as his coworkers (Romans 16:3; 1 Corinthians 16:19; 2 Timothy 4:19). Phoebe, Junia, and other women Romans 16:1-7 1I commend to you Phoebe our sister, who is a servant of the church in Cenchrea, 2 that you may receive her in the Lord in a manner worthy of the saints, and assist her in whatever business she has need of you; for indeed she has been a helper of many and of myself also. 3 Greet Priscilla and Aquila, my fellow workers in Christ Jesus, 4 who risked their own necks for my life, to whom not only I give thanks, but also all the churches of the Gentiles. 5 Likewise greet the church that is in their house. Greet my beloved Epaenetus, who is the firstfruits of Achaia to Christ. 6 Greet Mary, who labored much for us. Greet Andronicus and Junia, my countrymen and my fellow prisoners, who are of note among the apostles, who also were in Christ before me. Phoebe, a deaconess was in charge of some business of the church. Junia, a woman apostle was a coworker with Paul. There were other women too who partnered with Paul, who he referred to as “… women who labored with me in the gospel …” (Philippians 4:3). This is an overview of how God involved women in His work by using them outside the context of the traditional home setting. A woman’s primary calling The Bible is very clear that a woman’s primary calling is to be a wife to her husband, a mother to her children, and a keeper of the house.  Timothy 5:14 Therefore I desire that the younger widows marry, bear children, manage the house, give no opportunity to the adversary to speak reproachfully. “Guide the house” (Greek oikodespoteo) = to be the head of (i.e., rule) a family, guide the house. Titus 2:4, that they admonish the young women to love their husbands, to love their children, 5 to be discreet, chaste, homemakers, good, obedient to their own husbands, that the word of God may not be blasphemed. “Keepers at home” (Greek oikouros) from ‘oikos’ (a dwelling, a family, a house) and ‘uros’ (a guard). Therefore, oikouros = a stayer at home, that is, domestically inclined (a “good housekeeper”), keeper at home.The woman must manage her household affairs and be a leader at home. How does she strike the right balance here? Is it right then, for a woman to be involved outside in a workplace? The answer is “Yes”. The case for women in the workplace • The Bible does not categorically state anywhere that women should not be in the workplace. In biblical interpretation, if the Bible does not oppose something, then it means that God allows us to make the right decision within the boundaries set by other related Scriptures. For example, God said, “I am the Lord your Healer,” but He did not tell us to avoid taking medicines or going to the doctor. But some have misinterpreted that. We need to look to God for healing, but it is not wrong to take medicines or visit the doctor when we are ill. In the same way, God did say a woman’s primary calling was to be a wife to her husband, a mother to her children, and a keeper of the house. But He did not say a woman is not to be involved in business. So, do not misinterpret the Scripture. • The gifts of grace are given to people without regard to gender. Romans 12:6-8 6 Having then gifts differing according to the grace that is given to us, let us use them: if prophecy, let us prophesy in proportion to our faith; 7 or ministry, let us use it in our ministering; he who teaches, in teaching; 8 he who exhorts, in exhortation; he who gives, with liberality; he who leads, with diligence; he who shows mercy, with cheerfulness. There will be women who will have gifts of leadership, administration, teaching, prophesying, and great financial abilities. These gifts have not been given based on gender. One of the obvious places where these gifts may have to operate will be in situations outside the home, at a workplace.In Proverbs 31, the description of the woman is not only about her skills at home, but she is shown to be involved in activity outside her home, some of which are clearly indicative of her involvement in business. This is because she has been gifted and graced by God to do it. Proverbs 31:16,19,24 16 She considers a field and buys it; From her profits she plants a vineyard. 19 She stretches out her hands to the distaff,  And her hand holds the spindle. 24 She makes linen garments and sells them, And supplies sashes for the merchants. • In cases where the man has abdicated his responsibility to the family. This is about the absentee father or the missing husband. In such cases, if the woman has children to look after, she has the liberty to take the lead, go out, earn, guide, and manage the house. We cannot quote to her Paul’s instruction of, “Therefore I desire that the younger widows marry, bear children, manage the house, give no opportunity to the adversary to speak reproachfully” (1 Timothy 5:14) and expect her to stay at home and be fed by the ravens! • In cases where it may be necessary due to financial considerations. If the husband is at home and not working or if what he is earning is not sufficient for the home, then the woman will need to go out and work to contribute financially and also manage the home.

 

PERIODICAL CHANGES OF WOMEN RIGHTS IN THE WORKPLACE IN INDIA:

 

Ancient Period Changes:

During the ancient period in India, women’s rights in the workplace were significantly influenced by societal norms and cultural practices. While historical evidence suggests that women held positions of power and authority in certain ancient Indian societies, such as the Indus Valley

Civilization, the later Vedic period witnessed a shift towards a more patriarchal society. Women’s participation in the workforce became limited, and they were primarily confined to domestic roles.

 

Medieval Period Changes:

In the medieval period, the position of women in the workplace varied across different regions and dynasties in India. While some royal courts and urban centers saw a more progressive outlook, women’s rights remained restricted in many parts of the country. The practice of purdah (seclusion) became prevalent, limiting women’s mobility and participation in public life. Women from privileged backgrounds had greater opportunities for education and engagement in arts and literature, but for the majority, economic activities were largely limited to agricultural labor and informal occupations.

 

Modern Period Changes:

 

The modern period in India witnessed significant changes in women’s rights and their participation in the workplace. The struggle for independence and the subsequent women’s

Movement played a crucial role in challenging societal norms and advocating for gender equality. Several key developments occurred:

 

Legal Reforms: The Constitution of India, adopted in 1950, provided a strong foundation for women’s rights. It guaranteed equality, non-discrimination, and the right to work. Subsequent legislation, such as the Equal Remuneration Act of 1976 and the Sexual Harassment of Women at Workplace Act of 2013, further protected women’s rights in the workplace.

 

Women’s Empowerment Initiatives: Various government and non-governmental organizations have implemented programs to empower women economically. Initiatives like the National Rural Employment Guarantee Act (NREGA) have created job Opportunities for women in rural areas. Microfinance and self-help groups have also enabled women to engage in entrepreneurial activities.

Maternity Benefits: The Maternity Benefit Act of 1961 and its amendment in 2017 have expanded maternity leave and provided other benefits to women employees. These Measures recognize the importance of supporting women during the critical phase of childbirth and early childcare.

Increasing Workforce Participation: Over the years, there has been a notable increase in women’s workforce participation in diverse sectors such as education, healthcare, Technology, finance, and administration. Women have made significant strides in breaking through traditional barriers and occupying positions of leadership and responsibility.

 

• Addressing Gender Disparities: Efforts are being made to bridge the gender pay gap and reduce occupational segregation. Companies are implementing diversity and inclusion policies, providing mentorship programs, and promoting gender-neutral recruitment and promotion processes.

 

It is important to note that despite these positive changes, challenges such as workplace harassment, glass ceilings, and cultural biases continue to affect women’s rights in the workplace.

Continued efforts are required to ensure equal opportunities, create supportive work environments, and challenge deep-rooted gender inequalities in India.3

 

RIGHTS OF WOMEN UNDER THE CONSTITUTION OF INDIA:

                           

The Constitution of India guarantees several rights to women in the workplace. Here are some key provisions that protect and promote women’s rights:

 

Right to Equality (Article 14):

The Constitution ensures that women are treated equally and have equal opportunities in employment. It prohibits discrimination based on gender, ensuring that women have the same rights and protections as men.

Prohibition of Discrimination (Article 15):

Article 15 prohibits discrimination on the grounds of sex, among other factors, in matters of employment or holding office. This provision ensures that women are not discriminated against in recruitment, promotion, or any other employment-related matters.

Right Against Exploitation (Article 23):

Article 23 prohibits trafficking, forced labor, and other forms of exploitation. This provision protects women from being subjected to any kind of forced labor or servitude in the workplace.

Right to Freedom (Article 19):

Women, like all citizens, have the right to freedom of speech, expression, assembly, and association. This allows them to voice their opinions, participate in peaceful protests, and form or join organizations advocating for their rights in the workplace.

Right to Work (Article 41):

Article 41 recognizes the right to work as a fundamental right. It states that the State shall, within its economic capacity, make effective provisions for securing the right to work, including opportunities for self-employment and suitable work conditions. This provision emphasizes the importance of creating employment opportunities and ensuring fair work conditions for women.

Right to Maternity Benefits (Article 42):

Article 42 directs the State to make provisions for securing just and humane conditions of work and maternity relief. It recognizes the need for maternity benefits, such as paid maternity leave, to ensure the well-being of women employees during pregnancy and childbirth.

Right to Protection Against Sexual Harassment (Vishaka Guidelines):

Although not explicitly mentioned in the Constitution, the Supreme Court of India has established the Vishaka Guidelines, which provide a framework for addressing sexual harassment in the workplace. These guidelines require employers to take preventive and remedial measures to create a safe and harassment-free work environment for women.

 

CONCLUSION:

Women’s rights in the workplace in India have witnessed significant developments over the years, driven by legal reforms, social movements, and changing attitudes. The Constitution of India provides a strong foundation for ensuring gender equality and protecting women’s rights, guaranteeing equal opportunities, non-discrimination, and the right to work. Several laws,

Including the Equal Remuneration Act, the Sexual Harassment of Women at Workplace Act, and the Maternity Benefit Act, further reinforce these rights and provide a framework for their Implementation. However, despite progress, challenges remain. Gender disparities such as the gender pay gap, occupational segregation, and limited representation of women in leadership positions persist. Issues like workplace harassment and safety continue to undermine women’s rights and well- being. These challenges necessitate ongoing efforts to address deep-rooted cultural norms, biases, and systemic barriers that hinder gender equality in the workplace. Positive strides have been made in increasing women’s workforce participation, empowering women economically, and promoting inclusive practices. Organizations are increasingly recognizing the importance of diversity, inclusion, and equal opportunities. Government Initiatives, such as the National Rural Employment Guarantee Act and entrepreneurship support programs, have expanded opportunities for women in various sectors.

To further advance women’s rights in the workplace, sustained efforts are required. This includes strengthening enforcement mechanisms, raising awareness, and providing training to address gender biases and promote a respectful work environment. It is crucial for employers, policymakers, and society at large to actively promote gender equality, foster supportive workplaces, and ensure equal opportunities for women to thrive and contribute to the nation’s development.

 

In conclusion, while significant strides have been made, achieving true gender equality in the workplace in India requires continuous commitment, collaboration, and concerted efforts from all stakeholders.

 

REFERENCE:

https://apcwo.org/books/english/women-in-the-workplace

.Art 14

Art 16

Art 17

Art 23

Art 39

Art 42

Mines Act, 1952, $4&5, No. 35, Act of Parliament, 1952(India)

Maternity Benefit Act, 1961, S 5,7,9&12, No.53, Act of Parliament,1961(India)

The Equal Remuneration Act,1976, S 4&5, No.25, Act of Parliament, 1976(India)

Sexual Harassment of Women at Workplace Act, 2013, S 3,4&7, No. 14, Act of Parliament,2013(India)

Chaudhary, A., & Bagga, A. (2019). Women in the Indian Workplace: Challenges and Opportunities. Journal of Business Diversity, 19(1), 69-84.