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A PROJECT REPORT ON A PROJECT REPORT ON

EQUAL REMUNERATION AND GENDER JUSTICE: A COMPARETIVE EQUAL REMUNERATION AND GENDER JUSTICE: A COMPARETIVE STUDY WITH OTHER NATIONS

STUDY WITH OTHER NATIONS

___________

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OBJECTIVES

•

• To maTo make the topic ke the topic clear as clear as to better unto better understanding.derstanding. •

• To stress upTo stress upon the provisioon the provisions of Criminans of Criminal Procedurl Procedure & its implicae & its implicationstions •

• To analyze thTo analyze those groundose grounds upon which cas upon which cases are beises are being adjourned.ng adjourned. •

• To observe To observe the constitutionathe constitutional safeguards l safeguards for speedy for speedy & fair trial.& fair trial. •

• To focTo focus on us on the significathe significance of nce of speedy triaspeedy trial.l.

Abbreviation

AIR

AIR - - All All India India ReportersReporters

A.P

A.P - - Andhra Andhra PradeshPradesh

Cal

Cal - - CalcuttaCalcutta

Cr

Cr - - CriminalCriminal

Cr.

Cr. L L J J - - Criminal Criminal Law Law JournalJournal

Del

Del - - DelhiDelhi

E

E - - EmperorEmperor

EU

EU - - European European UnionUnion

ILR

ILR - - Indian Indian Law Law ReportReport

Ors

Ors - - OthersOthers

Pat

Pat - - PatnaPatna

M.P

M.P - - Madhya Madhya PradeshPradesh

SC

SC - - Supreme Supreme CourtCourt

SCC

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V

V - - VersusVersus

Research Methodology

I have used doctrinal method (i.e. books, internet, journals, and newspapers) for gathering I have used doctrinal method (i.e. books, internet, journals, and newspapers) for gathering information regarding my topic. Statistical report has been mentioned in my project which information regarding my topic. Statistical report has been mentioned in my project which shows growth of trade union in recent years. My project mainly focused on current growth, shows growth of trade union in recent years. My project mainly focused on current growth, position, changes and news related to the trade union.

position, changes and news related to the trade union.

Sources of Data:

The following secondary sources of data have been used in the The following secondary sources of data have been used in the

project-1. 1. BooksBooks 2. 2. Websites.Websites.

Method of Writing:

The method of writing followed in the course of this research paper is primarily analytical The method of writing followed in the course of this research paper is primarily analytical and the researcher has, for his convenience divided the write up into various parts.

and the researcher has, for his convenience divided the write up into various parts.

Mode of Citation:

The researcher has followed a uniform mode of citation throughout the course of this research The researcher has followed a uniform mode of citation throughout the course of this research paper

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ACKNOWLEDGEMENT

I would like to thank all the teaching and non teaching staff members of the University for I would like to thank all the teaching and non teaching staff members of the University for their Kind Support and valuable suggestions in my

their Kind Support and valuable suggestions in my draft.draft.

I would like to thank specially Bharath Sir who was every time there with a helping hand for I would like to thank specially Bharath Sir who was every time there with a helping hand for the completion of my draft.

the completion of my draft.

At last I would not forget to thank my friends who acted like a motivation which helped me At last I would not forget to thank my friends who acted like a motivation which helped me to sit for long hours for completion of my draft.

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Introduction

The comparative study of this topic provides an overview of the situation as regards access to The comparative study of this topic provides an overview of the situation as regards access to justice in

justice in gender equality and antigender equality and anti-discrimination law. -discrimination law. It addresses procedural It addresses procedural guarantees, theguarantees, the requirement for an effective, proportionate and dissuasive remedy and the effectiveness of the requirement for an effective, proportionate and dissuasive remedy and the effectiveness of the legal framework in practice.

legal framework in practice.

As we know that women constitute half the population of the society but it is a harsh reality As we know that women constitute half the population of the society but it is a harsh reality that women have been ill-treated in every society for ages and India is no exception. From that women have been ill-treated in every society for ages and India is no exception. From tribal to agricultural to industrial societies to organised states, the division of labour has tribal to agricultural to industrial societies to organised states, the division of labour has primarily

primarily stemmed stemmed from from physiological physiological differences differences between between the the sexes, sexes, leading leading to to the the powerpower resting with the men, resulting in the established gender hierarchies. We have been gifted resting with the men, resulting in the established gender hierarchies. We have been gifted with a history of discrimination, subjugation and suppression.

with a history of discrimination, subjugation and suppression.11

An effective access to justice is of fundamental importance for victims seeking redress when An effective access to justice is of fundamental importance for victims seeking redress when discrimination occurs. Alleged victims of discrimination may seek redress through the discrimination occurs. Alleged victims of discrimination may seek redress through the general judicial mechanisms and in accordance with the general national procedural rules. general judicial mechanisms and in accordance with the general national procedural rules. Several extra-judicial or alternative dispute settlement mechanisms such as conciliation and Several extra-judicial or alternative dispute settlement mechanisms such as conciliation and mediation are available at national level. Ombudsmen and equality bodies may also provide mediation are available at national level. Ombudsmen and equality bodies may also provide an alternative to the general courts. However, whilst there is progress in terms of awareness an alternative to the general courts. However, whilst there is progress in terms of awareness and promotion of fundamental rights, this is not matched by an equivalent awareness and and promotion of fundamental rights, this is not matched by an equivalent awareness and accessibility to remedies for breaches of these rights.

accessibility to remedies for breaches of these rights.22

Equal participation by women and men in socio-economic development has led to the need of Equal participation by women and men in socio-economic development has led to the need of achieving gender justice. There should not be any discrimination in terms of pay on grounds achieving gender justice. There should not be any discrimination in terms of pay on grounds of sex or gender of the person. It has to be stated here that though it is the primary task of the of sex or gender of the person. It has to be stated here that though it is the primary task of the employer not to discriminate on the basis of sex (as made mandatory by the Supreme Court in employer not to discriminate on the basis of sex (as made mandatory by the Supreme Court in recent judgments), the Constitution of India does not provide for any classification that the recent judgments), the Constitution of India does not provide for any classification that the employer can make such as on the basis of qualification and level of skill of the employee i.e. employer can make such as on the basis of qualification and level of skill of the employee i.e. if the workers perform the same task, they have to be treated equally without any if the workers perform the same task, they have to be treated equally without any discrimination thereof.

discrimination thereof.33

1 1

Report of the National Commission on Labour,1969 p. 162 Report of the National Commission on Labour,1969 p. 162

2 2

www.preservearticles.org/emplyees/act

www.preservearticles.org/emplyees/act,, accessed on 29 accessed on 29thth Oct. 2013 Oct. 2013

3 3

www.prsindia.org/.../Unorganised%20Sector/1189419973_Unorganised

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Global View

44

The UNDP has developed the two most well known gender justice indexes Gender Related The UNDP has developed the two most well known gender justice indexes Gender Related Development Index and the Gender Empowerment Measure to compare and rank member Development Index and the Gender Empowerment Measure to compare and rank member states with regard to gender justice performance. India is ranked 113 in the Gender Related states with regard to gender justice performance. India is ranked 113 in the Gender Related Development Index, while USA is 16th and UK is 10th.

Development Index, while USA is 16th and UK is 10th.

The struggle for equal rights, freedom and justice has been made by human rights activists, The struggle for equal rights, freedom and justice has been made by human rights activists, femini

feminists, NGO‟s and through Government support. Even though considerable progress hassts, NGO‟s and through Government support. Even though considerable progress has been made

been made in this in this regard, women regard, women are stiare still lall lagging behind. With gging behind. With globalisation, there globalisation, there are otherare other complex issues that women face today along with the elementary issues that have always complex issues that women face today along with the elementary issues that have always plagued women.

plagued women.

Meaning of Gender Justice

It is said that “justice” is primarily a problem of discovering the right course of action. Since It is said that “justice” is primarily a problem of discovering the right course of action. Since ancient times, political thinkers have been trying to formulate the concept of justice. With the ancient times, political thinkers have been trying to formulate the concept of justice. With the rise and growth of modern world and modern consciousness, especially under the effective rise and growth of modern world and modern consciousness, especially under the effective influence of the principles of democracy and socialism, this very concept has been thoroughly influence of the principles of democracy and socialism, this very concept has been thoroughly transformed.

transformed.55

“Gender justice” is often used with reference to emancipator projects that advance women‟s “Gender justice” is often used with reference to emancipator projects that advance women‟s rights through legal change, or promote women‟s interests in social and economic policy. rights through legal change, or promote women‟s interests in social and economic policy. However, the term is rarely given a precise definition and is often used interchangeably with However, the term is rarely given a precise definition and is often used interchangeably with notions of gender equality, gender equity, women‟s empowerment, and women‟s rights. notions of gender equality, gender equity, women‟s empowerment, and women‟s rights. Gender justice in the spirit of social justice is about more than simply questioning the Gender justice in the spirit of social justice is about more than simply questioning the relationship between men and women. It involves crafting strategies for corrective action relationship between men and women. It involves crafting strategies for corrective action toward transforming society as a whole to make i

toward transforming society as a whole to make it more just and equal and it means “a placet more just and equal and it means “a place in which women and men can be treated as fully human”.

in which women and men can be treated as fully human”.

Gender pay equity in Europe

66

Studies show that a wide - though narrowing - pay gap persists between women and men in Studies show that a wide - though narrowing - pay gap persists between women and men in all European Union Member States and in Norway, to the detriment of women. Although a all European Union Member States and in Norway, to the detriment of women. Although a variety of factors are cited to explain the existing wage differentials between women and variety of factors are cited to explain the existing wage differentials between women and

4 4

www.ilo.org, accessed on 13

www.ilo.org, accessed on 13thth Oct 2013 Oct 2013

5 5

Report of the National Commission on Labour, 1969, p. 132 Report of the National Commission on Labour, 1969, p. 132

6 6

www.genderpayineurope.ac.in

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men, most studies conclude that, in addition to the gap arising from these factors, there is an men, most studies conclude that, in addition to the gap arising from these factors, there is an unexplained difference in wages, which is presumed to be due to discrimination.

unexplained difference in wages, which is presumed to be due to discrimination.

In the search for ways to fight wage discrimination, a considerable number of statutory In the search for ways to fight wage discrimination, a considerable number of statutory measures have been in existence for a very long time both at Community level and in measures have been in existence for a very long time both at Community level and in individual Member States. These measures concern mainly 'prohibiting' legislation, providing individual Member States. These measures concern mainly 'prohibiting' legislation, providing for the principle of equal pay for equal work or

for the principle of equal pay for equal work or for work of equal value, while a ffor work of equal value, while a few countriesew countries have gone a step further by passing legislation of a 'proactive' type. The issue is also have gone a step further by passing legislation of a 'proactive' type. The issue is also addressed through collective agreements at different levels, either directly or indirectly.

addressed through collective agreements at different levels, either directly or indirectly.

Increased pay equality between women and men in the labour market is also among the main Increased pay equality between women and men in the labour market is also among the main priorities

priorities identified identified in in the the EU's EU's current current 'European 'European employment employment strategy'. strategy'. The The recentrecent Employment Guidelines for the Member States indicate that the issue of equal pay is Employment Guidelines for the Member States indicate that the issue of equal pay is progressively

progressively playing playing a a more more prominent prominent part part in in the the strategy. strategy. In In thethe 2001 Employment2001 Employment Guidelines

Guidelines,, the Member States were, among other measures, asked to pay particular attention the Member States were, among other measures, asked to pay particular attention to ensuring the application of principle of equal pay for equal work or work of equivalent to ensuring the application of principle of equal pay for equal work or work of equivalent value. Moreover the Member States - where appropriate with the social partners - were value. Moreover the Member States - where appropriate with the social partners - were invited to 'initiate positive steps to promote equal pay for equal work or work of equal value invited to 'initiate positive steps to promote equal pay for equal work or work of equal value and to diminish differentials in incomes between women and men: actions to address gender and to diminish differentials in incomes between women and men: actions to address gender pay

pay gaps gaps are are necessary necessary in in the the public public and and private private sector, sector, and and the the impact impact of of the the policies policies onon gender pay gaps should be identified and addressed'.

gender pay gaps should be identified and addressed'.77

The

The 2002 Employment Guidelines2002 Employment Guidelines stress the equal pay issue further. They note that: 'Thestress the equal pay issue further. They note that: 'The significant level of the pay gap between women and men in many Member States has been significant level of the pay gap between women and men in many Member States has been identified as a potential disincentive for women to take up work or to remain at work. The identified as a potential disincentive for women to take up work or to remain at work. The request from the Stockholm

request from the Stockholm European CouncilEuropean Council to develop indicators to develop indicators in this in this area equallarea equallyy underlines the importance of this issue.' The Member States, where appropriate with the underlines the importance of this issue.' The Member States, where appropriate with the social partners, are thus called on to 'adopt a multi-faceted strategy to achieve gender pay social partners, are thus called on to 'adopt a multi-faceted strategy to achieve gender pay equality in both the public and private sectors, and consider the setting of targets to tackle the equality in both the public and private sectors, and consider the setting of targets to tackle the pay

pay gap. gap. Such Such a a strategy strategy could could include include inter inter alia alia a a review review of of job job classification classification and and paypay systems to eliminate gender bias, improving statistical and monitoring systems, and systems to eliminate gender bias, improving statistical and monitoring systems, and awareness-raising and transparency as regards pay gaps.'

awareness-raising and transparency as regards pay gaps.'

7 7

Ibid, page 7 Ibid, page 7

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The aim of this comparative study is to give a broad overview of national frameworks and The aim of this comparative study is to give a broad overview of national frameworks and instruments to combat pay discrimination against women and to improve their pay conditions instruments to combat pay discrimination against women and to improve their pay conditions in the 15 Member States of the EU plus Norway. The study is based on information provided in the 15 Member States of the EU plus Norway. The study is based on information provided by

by thethe European Industrial Relations ObservatoryEuropean Industrial Relations Observatory (EIRO) national centres in each of these (EIRO) national centres in each of these countries in response to a questionnaire. The national reports, which contain more detailed countries in response to a questionnaire. The national reports, which contain more detailed information on the national experiences summarised here, are available separately on the information on the national experiences summarised here, are available separately on the EIRO website, along with the questionnaire. The study:

EIRO website, along with the questionnaire. The study:



 considers the general development of the wage gap across Europe, and the quality andconsiders the general development of the wage gap across Europe, and the quality and

coverage of wage statistics -

coverage of wage statistics - the tools to monitor and analyse the wage gap;the tools to monitor and analyse the wage gap;



 reviews statutory measures to combat pay discrimination against women and improvereviews statutory measures to combat pay discrimination against women and improve

their pay conditions; their pay conditions;



 looks at the relationship between the issue of pay equity and collective bargaining andlooks at the relationship between the issue of pay equity and collective bargaining and

the approach taken by the social partners; and the approach taken by the social partners; and



 examines the pay equity issue within the Member States' National Action Plansexamines the pay equity issue within the Member States' National Action Plans

(NAPs) for employment, drawn up in response to the EU Employment Guidelines. (NAPs) for employment, drawn up in response to the EU Employment Guidelines.

Pay statistics

_–

quality and coverage

Wage statistics of sufficient quality and coverage are important in order for the social Wage statistics of sufficient quality and coverage are important in order for the social partners

partners and and authorities authorities to to monitor monitor and and analyse analyse the the gender gender pay pay gap. gap. In In connection connection with with thethe Swedish EU Presidency in the first half of 2000, an informal report on pay differentials Swedish EU Presidency in the first half of 2000, an informal report on pay differentials between

between men men and and women women was was prepared prepared by by Swedish Swedish researchersresearchers ((Highlighting payHighlighting pay differentials between women and men

differentials between women and men)). The report stresses. The report stresses – – as have many other studies on as have many other studies on the subject - that pay differences between men and women may be explained by a variety of the subject - that pay differences between men and women may be explained by a variety of structural factors, such as position in the labour market, occupation or education. However, structural factors, such as position in the labour market, occupation or education. However, the report further points to the fact that pay differences may also be seen as a consequence of the report further points to the fact that pay differences may also be seen as a consequence of men's and women's jobs being subject to different evaluations, as well as differences that can men's and women's jobs being subject to different evaluations, as well as differences that can be

be explained explained only only by by direct direct discrimination. discrimination. The The study study thus thus emphasises emphasises that that improvingimproving statistics is

statistics is an important strategy to reduce this unjustified pay gap.an important strategy to reduce this unjustified pay gap.

Thorough national studies on the gender pay gap have also been undertaken in many Thorough national studies on the gender pay gap have also been undertaken in many European countries (as well as analyses done on the basis of SES material). For instance, in European countries (as well as analyses done on the basis of SES material). For instance, in Ireland a recent study by the

Ireland a recent study by the Economic and Social Research InstituteEconomic and Social Research Institute (ESRI) found that: (ESRI) found that: 'About three-quarters of the gap between men's and women's hourly wages can be attributed 'About three-quarters of the gap between men's and women's hourly wages can be attributed

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to the fact that women, under current social and economic structures, typically spend less to the fact that women, under current social and economic structures, typically spend less time in the labour market than men and more time as carers in the home'. According to the time in the labour market than men and more time as carers in the home'. According to the ESRI, the average female employee has worked for 12 years in the paid labour market, as ESRI, the average female employee has worked for 12 years in the paid labour market, as against 18 years for the average male. However, this still leaves an 'unexplained' wage gap of against 18 years for the average male. However, this still leaves an 'unexplained' wage gap of about 5%.

about 5%.

This kind of analysis seems to have been conducted in many of the countries covered by This kind of analysis seems to have been conducted in many of the countries covered by EIRO. In 1999, the German parliament asked the federal government to present a detailed EIRO. In 1999, the German parliament asked the federal government to present a detailed report (expected in early 2002) on the job and income situation of women and men. On the report (expected in early 2002) on the job and income situation of women and men. On the basis

basis of of this this report, report, parliament parliament will will decide decide on on a a future future monitoring monitoring system system regarding regarding paypay developments for women and men. Reports highlighting the gender pay gap are also developments for women and men. Reports highlighting the gender pay gap are also produced in many oth

produced in many other countries, including France, Italy and the UK.er countries, including France, Italy and the UK.

A central question regarding the quality of wage statistics and the gender pay gap is the A central question regarding the quality of wage statistics and the gender pay gap is the extent to which some female-dominated (and low-paid) groups are left out, leading to an extent to which some female-dominated (and low-paid) groups are left out, leading to an underestimation (or possible overestimation) of the pay gap. For example, the SES did not underestimation (or possible overestimation) of the pay gap. For example, the SES did not include part-time employees. A study commissioned by the UK

include part-time employees. A study commissioned by the UK Equal OpportunitiesEqual Opportunities

Commission

Commission (EOC) has found that the UK gender pay gap would increase substantially if (EOC) has found that the UK gender pay gap would increase substantially if part-time employees had been included in the SES.

part-time employees had been included in the SES.

A final aspect concerning the quality of wage st

A final aspect concerning the quality of wage statistics and gender pay equity, is the datistics and gender pay equity, is the degree toegree to which bonuses, overtime compensation etc are included in the statistics. One might argue that which bonuses, overtime compensation etc are included in the statistics. One might argue that these kinds of 'extra' payments contribute to the gender wage gap, but are often ignored in the these kinds of 'extra' payments contribute to the gender wage gap, but are often ignored in the wage statistics and thereby contribute to an underestimation of the wage gap. The general wage statistics and thereby contribute to an underestimation of the wage gap. The general impression is that overtime payments are often recorded in the existing wage statistics, but impression is that overtime payments are often recorded in the existing wage statistics, but that typical fringe benefits are more rarely accounted for in statistics.

that typical fringe benefits are more rarely accounted for in statistics.

Legislation Legislation

All countries covered by this study have legislation concerning pay discrimination. Pay All countries covered by this study have legislation concerning pay discrimination. Pay discrimination at work on the grounds of gender is explicitly prohibited by the constitutions discrimination at work on the grounds of gender is explicitly prohibited by the constitutions of eight countries

of eight countries – – Finland, France, Germany, Greece, Italy, the Netherlands, Portugal and Finland, France, Germany, Greece, Italy, the Netherlands, Portugal and Spain - while in Belgium, though not explicitly, the constitution contains the fundamental Spain - while in Belgium, though not explicitly, the constitution contains the fundamental rules on which the principle of equal treatment is based in domestic law.

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In addition, in all 16 countries covered there are specific laws providing for the principle of In addition, in all 16 countries covered there are specific laws providing for the principle of equal pay for women and men. In particular, in all countries national legislation is reported to equal pay for women and men. In particular, in all countries national legislation is reported to be completely harmonised with EU law, mainly

be completely harmonised with EU law, mainly with:with:



 Article 141 of theArticle 141 of the European Community TreatyEuropean Community Treaty (formerly Article 119) , which(formerly Article 119) , which

provides that 'each

provides that 'each Member State sMember State shall ensure thahall ensure that the principt the principle of equal le of equal pay for malepay for male and female workers for equal work or work of equal value is applied.' For the purpose and female workers for equal work or work of equal value is applied.' For the purpose of this Article, pay means 'the ordinary basic or minimum wage or salary and any of this Article, pay means 'the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer'. 'Equal pay without indirectly, in respect of his employment, from his employer'. 'Equal pay without discrimination based on sex' means: '(a) that pay for the same work at piece rates shall discrimination based on sex' means: '(a) that pay for the same work at piece rates shall be

be calculated calculated on on the the basis basis of of the the same same unit unit of of measurement; measurement; (b) (b) that that pay pay for for work work atat time rates shall be the same for the same job;' and

time rates shall be the same for the same job;' and



 Council Directive 75/117/EEC of 10 February 1975 on the approximation of the lawsCouncil Directive 75/117/EEC of 10 February 1975 on the approximation of the laws

of the Member States relating to the application of the principle of equal pay for men of the Member States relating to the application of the principle of equal pay for men and women

and women.. This provides for the Member States to implement the principle of pay This provides for the Member States to implement the principle of pay for men and women, which means, 'for the same work or for work to which equal for men and women, which means, 'for the same work or for work to which equal value is attributed, the elimination of all discrimination on grounds of sex with regard value is attributed, the elimination of all discrimination on grounds of sex with regard to all aspects and conditions of remuneration. In particular, where a job classification to all aspects and conditions of remuneration. In particular, where a job classification system is used for determining pay, it must be based on the same criteria for both men system is used for determining pay, it must be based on the same criteria for both men and women and so drawn up as to exclude any discrimination on grounds of sex.' and women and so drawn up as to exclude any discrimination on grounds of sex.'

United States

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The Women‟s Rights Convention, New York in 1848 specifically marked the beginning of The Women‟s Rights Convention, New York in 1848 specifically marked the beginning of the American movement towards achieving gender justice. It asserted that all men and the American movement towards achieving gender justice. It asserted that all men and women were equal and most importantly demanded the right to vote, formally launching the women were equal and most importantly demanded the right to vote, formally launching the American campaign for women‟s suffrage. In 1920 this demand was met

American campaign for women‟s suffrage. In 1920 this demand was met by the Congress.by the Congress.

The Civil Rights Act, 1964 and Equal Pay Act, 1963 guarantee equal employment The Civil Rights Act, 1964 and Equal Pay Act, 1963 guarantee equal employment opportunities and renders it unlawful to discriminate on the basis of sex. The Family and opportunities and renders it unlawful to discriminate on the basis of sex. The Family and Medical Leave Act, 1993 permits any employee, male or female, to take upto 12 weeks of Medical Leave Act, 1993 permits any employee, male or female, to take upto 12 weeks of unpaid leave per year for maternity leave or

unpaid leave per year for maternity leave or child care.child care.

8 8

www.sourceofusgenderjustice.com

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The ruling in Roe v. Wade given by the Supreme Court put to rest the controversial issue of The ruling in Roe v. Wade given by the Supreme Court put to rest the controversial issue of Abortion and it is now legal in every state. It determined that every woman has a right to self Abortion and it is now legal in every state. It determined that every woman has a right to self determination and abortion falls under right to privacy. Her decision should be free from determination and abortion falls under right to privacy. Her decision should be free from unwarranted governmental intrusion into such a fundamental matter.

unwarranted governmental intrusion into such a fundamental matter.

Laws of India

Women‟s groups started emerging in India in the early 1900s and at first focused on social Women‟s groups started emerging in India in the early 1900s and at first focused on social reform. They have also campaigned vigorously and successfully for social and political reform. They have also campaigned vigorously and successfully for social and political equality with men. In 1950 women and men over the age of 21 were granted voting rights. equality with men. In 1950 women and men over the age of 21 were granted voting rights. Indian patriarchal society not only harbours a culture of violence against women in the form Indian patriarchal society not only harbours a culture of violence against women in the form of dowry, domestic violence and female infanticide, it also manifests in government policies of dowry, domestic violence and female infanticide, it also manifests in government policies towards women. The unequal representation of Indian women in national political parties is towards women. The unequal representation of Indian women in national political parties is all the more disquieting given that the Indian constitution guarantees gender equality in the all the more disquieting given that the Indian constitution guarantees gender equality in the Articles 325 and 326. Despite the deeply ingrained patriarchal attitude prevalent in India, it is Articles 325 and 326. Despite the deeply ingrained patriarchal attitude prevalent in India, it is one of the few countries ever to have elected a woman prime minister: Indira Gandhi. We one of the few countries ever to have elected a woman prime minister: Indira Gandhi. We still haven‟t secured 33% reservation for women in parliament and state assemb

still haven‟t secured 33% reservation for women in parliament and state assemb lies, despitelies, despite the Women‟s Reservation bill being close at hand for so long.

the Women‟s Reservation bill being close at hand for so long.

Constitutional Aspect

The Constitution of India has various provisions to ensure equality of the sexes and also to The Constitution of India has various provisions to ensure equality of the sexes and also to dismantle the prevalent imbalances in gender hierarchy .Article 14 of the Constitution states dismantle the prevalent imbalances in gender hierarchy .Article 14 of the Constitution states that there shall be equality before the law and equal protection of the law. Article 15 that there shall be equality before the law and equal protection of the law. Article 15 safeguards the right against discrimination. The Constitution also provides for positive safeguards the right against discrimination. The Constitution also provides for positive discrimination and affirmative action on some counts. Article 15(3) permits special discrimination and affirmative action on some counts. Article 15(3) permits special provisions

provisions for for women. women. Article Article 16 16 provides provides equal equal opportunity opportunity with with respect respect to to publicpublic employment and they shall not be discriminated on the basis of sex of the person. Article 21 employment and they shall not be discriminated on the basis of sex of the person. Article 21 guarantees the right to life, the interpretation which has been broadened to include the right to guarantees the right to life, the interpretation which has been broadened to include the right to live with dignity. Article 23 guarantees the right against exploitation. It prohibits traffic in live with dignity. Article 23 guarantees the right against exploitation. It prohibits traffic in human beings.

human beings.

The directive Principles of State Policy also provide measures for gender equality. Article The directive Principles of State Policy also provide measures for gender equality. Article 39(a) aims at providing the right to adequate means of livelihood for men and women, 39(a) aims at providing the right to adequate means of livelihood for men and women, equally. Article 51(A)(e) of the Constitution provides that it will be the duty of every citizen equally. Article 51(A)(e) of the Constitution provides that it will be the duty of every citizen to renounce practices derogatory to the dignity of women.

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The Indian Constitution calls for eight years of compulsory education for girls and boys aged The Indian Constitution calls for eight years of compulsory education for girls and boys aged 6 to 14. However, women still lag far behind men and rural women are twice as likely to be 6 to 14. However, women still lag far behind men and rural women are twice as likely to be illiterate compared to their urban counterparts. The legal marriage age is 21 for males and 18 illiterate compared to their urban counterparts. The legal marriage age is 21 for males and 18 for females. A recent law commission has recommended equalising the marriage age for both for females. A recent law commission has recommended equalising the marriage age for both men and women to 18 but this has yet to be implemented. Personal laws of Hindus and men and women to 18 but this has yet to be implemented. Personal laws of Hindus and Muslims dictate different codes of conduct re

Muslims dictate different codes of conduct regarding marriage and divorce.garding marriage and divorce.

The people of India are guaranteed equal pay for equal work by the Constitution and The people of India are guaranteed equal pay for equal work by the Constitution and reinforced by the 1975 Equal Remuneration Act. The drawback is that this law does not appl reinforced by the 1975 Equal Remuneration Act. The drawback is that this law does not appl yy to Agriculture, the area where most women in India are employed. Gender based pay scales to Agriculture, the area where most women in India are employed. Gender based pay scales with lower wages for female workers are not uncommon. Today we observe a shift towards with lower wages for female workers are not uncommon. Today we observe a shift towards the service sector by working women but no occupational field is impervious to gender the service sector by working women but no occupational field is impervious to gender injustice as of today. It is also horrifying to note that there is no statutory enactment in India injustice as of today. It is also horrifying to note that there is no statutory enactment in India against sexual harassment at work place. But in the absence of a law, the Supreme Court has against sexual harassment at work place. But in the absence of a law, the Supreme Court has laid down certain guidelines pertaining to sexual harassment at the work place in the laid down certain guidelines pertaining to sexual harassment at the work place in the landmark case of Vishakha and others v. State of Rajasthan

landmark case of Vishakha and others v. State of Rajasthan99. Women are entitled to maternit. Women are entitled to maternityy benefits under the

benefits under the Employees‟ State Insurance Employees‟ State Insurance plan, which provides a plan, which provides a 90 day paid leave. 90 day paid leave. TheThe central government has endorsed the concept of paternity leave for the same duration for central government has endorsed the concept of paternity leave for the same duration for men, but this cannot be enforced in the private sector.

men, but this cannot be enforced in the private sector.

A woman does not have a right to Abortion in India. Commercial sex work i.e the exchange A woman does not have a right to Abortion in India. Commercial sex work i.e the exchange of sexual services for money is legal in India but related activities such as soliciting in public of sexual services for money is legal in India but related activities such as soliciting in public places, owing a

places, owing a brothel, kerb crawling brothel, kerb crawling and pimping are and pimping are illegal. The primaillegal. The primary law dealing withry law dealing with sex workers is the Immoral Traffic (Suppression) Act of 1956. Male prostitution is not sex workers is the Immoral Traffic (Suppression) Act of 1956. Male prostitution is not recognised in the Indian Constitution. In order to achieve gender justice, male sex workers recognised in the Indian Constitution. In order to achieve gender justice, male sex workers should also be given recognition in order to avail of their basic rights.

should also be given recognition in order to avail of their basic rights.

There are a few contentious issues which are peculiar to developing countries like India. There are a few contentious issues which are peculiar to developing countries like India. Because of the tremendous preference for sons over daughters, female infanticide is not Because of the tremendous preference for sons over daughters, female infanticide is not uncommon. The law bans infanticide and imposes penalties of life imprisonment or death. uncommon. The law bans infanticide and imposes penalties of life imprisonment or death. Harsh punishment has also been ineffective as a deterrent. The age old custom of Sati, in Harsh punishment has also been ineffective as a deterrent. The age old custom of Sati, in which the widow is burnt alive on her husbands funeral pyre, has been abolished since 1829 which the widow is burnt alive on her husbands funeral pyre, has been abolished since 1829 under the aegis of Lord William Bentinck, and the government eventually passed the under the aegis of Lord William Bentinck, and the government eventually passed the Commission of Sati Prevention Act to prevent its occurrence and curb its

Commission of Sati Prevention Act to prevent its occurrence and curb its glorification.glorification.

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(1997) 6 SCC 241 (1997) 6 SCC 241

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Problems Faced By Women

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• Female feticide, infanticide, child marriage, domestic violence, sexual violenc

• Female feticide, infanticide, child marriage, domestic violence, sexual violence, and sexuale, and sexual harassment at the work place to the treatment meted out to elderly women makes any harassment at the work place to the treatment meted out to elderly women makes any thinking person to wonder at the nature of the society. Participation of women in the decision thinking person to wonder at the nature of the society. Participation of women in the decision making bodies be they within the home, workplace or community is marginal, never reaching making bodies be they within the home, workplace or community is marginal, never reaching even 25% of the total population of women in India.

even 25% of the total population of women in India.

• Women are forced to change their jobs or seek transfers on account of Sexual Harassment. • Women are forced to change their jobs or seek transfers on account of Sexual Harassment.

• Most of the women‟s work, inside the house goes unnoticed and unremunerated. Even • Most of the women‟s work, inside the house goes unnoticed and unremunerated. Even outside the family they remain underpaid.

outside the family they remain underpaid.

• In terms of horizontal segregation, women are concentrated in low –

• In terms of horizontal segregation, women are concentrated in low – paying positions paying positions suchsuch as secretary, typist, beautician, nurse, caregiver and assembly

as secretary, typist, beautician, nurse, caregiver and assembly – – line worker. “Equal work butline worker. “Equal work but unequal pay” is still a common practice in

unequal pay” is still a common practice in India‟s private sector.India‟s private sector.

• According to statistics from the United Nations “Women constitute 50% of the World • According to statistics from the United Nations “Women constitute 50% of the World population,

population, do do two two third third of of the the work, work, get get 10% 10% of of the the total total income income and and own own 1% 1% of of the the totaltotal assets”. While this is a global fact, the pic

assets”. While this is a global fact, the picture is much more pathetic in ture is much more pathetic in India.India.

• Children living in this environment and witnessing the differential role pattern of the man • Children living in this environment and witnessing the differential role pattern of the man and the woman learn the lessons of gender inequality right from their childhood and the and the woman learn the lessons of gender inequality right from their childhood and the pattern is bound to continue gen

pattern is bound to continue generation after generation.eration after generation.

• Women constitute a significant part of the workforce in India but they lag behind men in • Women constitute a significant part of the workforce in India but they lag behind men in terms of work participation and quality of employment. According to Government sources, terms of work participation and quality of employment. According to Government sources, out of 407 million total workforce, 90 million are women workers, largely employed (about out of 407 million total workforce, 90 million are women workers, largely employed (about 87 percent) in the agricultural sector as labourers and cultivators. In urban areas, the 87 percent) in the agricultural sector as labourers and cultivators. In urban areas, the employment of women in the organised sector in March 2000 constituted 17.6 percent of the employment of women in the organised sector in March 2000 constituted 17.6 percent of the total organised sector.

total organised sector.

• The existence of

• The existence of discriminatory laws, the fact that the laws fail to take account of ruraldiscriminatory laws, the fact that the laws fail to take account of rural women's special situation, and the adherence to paternalistic and male-oriented customs women's special situation, and the adherence to paternalistic and male-oriented customs which hinder the implementation of, or fill the gaps in, non-discriminatory legislation, have which hinder the implementation of, or fill the gaps in, non-discriminatory legislation, have helped to keep rural women in a subordinate position.

helped to keep rural women in a subordinate position.

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Gender Justice and Labour Law

Under the Industrial laws the women have been bestowed the special position in the view of Under the Industrial laws the women have been bestowed the special position in the view of their unique characteristics, physically, mentally and biologically. Some of the Acts related to their unique characteristics, physically, mentally and biologically. Some of the Acts related to employment were enacted during British period as well as

employment were enacted during British period as well as after independence. These Acts notafter independence. These Acts not only regulated the hours of work but also contained provisions of health, safety and welfare only regulated the hours of work but also contained provisions of health, safety and welfare of women workers and guarantees equality before law and equal treatment to women of women workers and guarantees equality before law and equal treatment to women workers. Most of these laws have been inspired by the Conventions and recommendations workers. Most of these laws have been inspired by the Conventions and recommendations adopted by the International labour Organization. The main objectives for passing these laws adopted by the International labour Organization. The main objectives for passing these laws are to enable the women to increase their efficiency, to increase their participation in useful are to enable the women to increase their efficiency, to increase their participation in useful services, to ensure their infant welfare and to provide equal pay for equal work. The services, to ensure their infant welfare and to provide equal pay for equal work. The important labour legislations covering the women are

important labour legislations covering the women are1111::

1.

1. The Factories Act, 1948The Factories Act, 1948

The Factories Act is a part of labour welfare legislations wherein measures have been laid The Factories Act is a part of labour welfare legislations wherein measures have been laid down to be adopted for the health, safety, welfare, working hours, leave and employment of down to be adopted for the health, safety, welfare, working hours, leave and employment of young persons and women. Exclusive provisions for women have also been incorporated in young persons and women. Exclusive provisions for women have also been incorporated in the Act keeping in view their soft and tender personalities.

the Act keeping in view their soft and tender personalities.

2.

2. The Employees‟ State Insurance Act, 1948The Employees‟ State Insurance Act, 1948

The Employees‟ State Insurance Act, one of the most important social legislation in India, it The Employees‟ State Insurance Act, one of the most important social legislation in India, it has been enacted to provide for various benefits in different contingencies. Under this Act, has been enacted to provide for various benefits in different contingencies. Under this Act, insured women workers get sickness benefit, disablement benefit, medical benefit and funeral insured women workers get sickness benefit, disablement benefit, medical benefit and funeral expenses along with insured men workers. However, in addition to these benefits, insured expenses along with insured men workers. However, in addition to these benefits, insured women workers also get maternity benefit in case of certain contingencies arising out of women workers also get maternity benefit in case of certain contingencies arising out of pregnancy,

pregnancy, confinement, confinement, miscarriage, miscarriage, sickness sickness arising arising out out of of pregnancy, pregnancy, premature premature birth birth ofof child or miscarriage and death. The duration of maternity benefit available to insured women child or miscarriage and death. The duration of maternity benefit available to insured women in case of confinement is 12 weeks, of which not more than 6 weeks shall precede the in case of confinement is 12 weeks, of which not more than 6 weeks shall precede the expected date if confinement. The maternity benefit is paid subject to the condition that the expected date if confinement. The maternity benefit is paid subject to the condition that the insured women do not work for remuneration on the days in respect of which the benefit is insured women do not work for remuneration on the days in respect of which the benefit is paid,

paid, In In the the event event of of the the death death of of an an insured insured woman, twoman, the he maternity maternity benefit benefit is is payable payable to to herher

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nominee or legal representative for the whole period if the child survives, and if the child also nominee or legal representative for the whole period if the child survives, and if the child also dies, until the death of the child.

dies, until the death of the child.

3.

3. The Maternity Benefit Act, 1961The Maternity Benefit Act, 1961

Economic dependence of women is what gives rise to their subordination in society today. Economic dependence of women is what gives rise to their subordination in society today. Hence to remove such subordination and lay the foundation of equality women too must be Hence to remove such subordination and lay the foundation of equality women too must be made economically independent and must take an active role in all sectors of business today. made economically independent and must take an active role in all sectors of business today. Problem faced by women in the economic sphere of life are mostly relating to unequal wages Problem faced by women in the economic sphere of life are mostly relating to unequal wages and discrimination resulting from their biological role in nature of childbearing. To curb such and discrimination resulting from their biological role in nature of childbearing. To curb such problems

problems and and protect protect the the economic economic rights rights of of women women the the legislature legislature introduced introduced the the EqualEqual Remuneration Act, 1976 and Maternity Benefit Act, 1961.

Remuneration Act, 1976 and Maternity Benefit Act, 1961.

A maternity benefit is one that every woman shall be entitled to, and her employer shall be A maternity benefit is one that every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of liable for, the payment of maternity benefit, which is the amount payable to her at the rate of average daily wages for the period of her actual absence. The Maternity Benefit Act aims to average daily wages for the period of her actual absence. The Maternity Benefit Act aims to regulate of employment of women in certain establishment for certain periods before and regulate of employment of women in certain establishment for certain periods before and after childbirth and provides for maternity and certain benefits.

after childbirth and provides for maternity and certain benefits.

4.

4. The Equal Remuneration Act, 1976The Equal Remuneration Act, 1976

Equal pay for equal work for women and men is a vital subject of great concern to society in Equal pay for equal work for women and men is a vital subject of great concern to society in general and employees in particular. There was a common belief that women are physically general and employees in particular. There was a common belief that women are physically weak and should be paid less than their male counter parts for the same piece of work. weak and should be paid less than their male counter parts for the same piece of work. Women all over the world, had till rec

Women all over the world, had till recently been very much in articulate and were ently been very much in articulate and were prepared toprepared to accept lower wages even when they were employed on the same jobs as men. Even in the accept lower wages even when they were employed on the same jobs as men. Even in the economically and socially advanced countries where remarkable progress has been made, economically and socially advanced countries where remarkable progress has been made, discrimination still exists. In India, in the initial stages when legislation for the protection of discrimination still exists. In India, in the initial stages when legislation for the protection of workers was hardly thought of, factory owners taking advantage of the backwardness and workers was hardly thought of, factory owners taking advantage of the backwardness and poverty,

poverty, recruited recruited women women on on a a large large scale scale at at lower lower wages wages and and made made them them work work underunder inhuman condition.

inhuman condition.

5.

5. The Workmen Compensation Act, 1923The Workmen Compensation Act, 1923

In any industrial society the problem of labour management relations becomes so important In any industrial society the problem of labour management relations becomes so important that some sort of social insurance becomes necessary to provide adequate protection from that some sort of social insurance becomes necessary to provide adequate protection from losses caused to the labourers by accidents. With a view to improve the condition of the losses caused to the labourers by accidents. With a view to improve the condition of the

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workmen some social insurance legislations have been enacted. The Workmen‟s workmen some social insurance legislations have been enacted. The Workmen‟s Compensation Act 1923 is one of the earliest pieces of labour legislation, adopted to benefit Compensation Act 1923 is one of the earliest pieces of labour legislation, adopted to benefit the labourers.

the labourers.

6.

6. National Rural Employment Guaran National Rural Employment Guarantee Act, 2005tee Act, 2005

Recently, the Government of India enacted National Rural Employment Guarantee Act Recently, the Government of India enacted National Rural Employment Guarantee Act whereby anyone who is willing to provide manual unskilled labour will be offered wage whereby anyone who is willing to provide manual unskilled labour will be offered wage employment for 100 days. This Act provides the enhancement of the livelihood security of employment for 100 days. This Act provides the enhancement of the livelihood security of the households in rural areas of the country by providing at least one hundred days of the households in rural areas of the country by providing at least one hundred days of guaranteed wage employment in every financial year to every household whose adult guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work.

members volunteer to do unskilled manual work.

Priority is given to women in the allocation of work. Gender equality is one of the core Priority is given to women in the allocation of work. Gender equality is one of the core elements of this poverty reduction plan which stipulates that at least one third of the labour elements of this poverty reduction plan which stipulates that at least one third of the labour force should be women with equal wages for both men and women. Various gender related force should be women with equal wages for both men and women. Various gender related objectives such as provision of hygienic work environments, safe drinking water, and objectives such as provision of hygienic work environments, safe drinking water, and childcare facilities at the work-site, distance of work-place not exceeding two miles from childcare facilities at the work-site, distance of work-place not exceeding two miles from home, health care and nutrition are emphasized.

home, health care and nutrition are emphasized.

Women engaged in agricultural farming have to spend long hours under the hot sun but are Women engaged in agricultural farming have to spend long hours under the hot sun but are invariably paid less than their male counterparts. Women‟s participation in the labour force invariably paid less than their male counterparts. Women‟s participation in the labour force with no wage discrimination and direct control of resources and assets can substantially with no wage discrimination and direct control of resources and assets can substantially enhance her health, child welfare and socioeconomic status. This employment policy if enhance her health, child welfare and socioeconomic status. This employment policy if properly implemented can certainly bring momentous chang

properly implemented can certainly bring momentous changes in the lives of women.es in the lives of women.

7.

7. Empirical Evidence Related to Female Work ParticipationEmpirical Evidence Related to Female Work Participation

According to 2001 census, the total number of women in the country is 494.82 million out of According to 2001 census, the total number of women in the country is 494.82 million out of the total population of 1, 025, 25 million. This means that women accounted for 48.26% of the total population of 1, 025, 25 million. This means that women accounted for 48.26% of the total population. Out of the total women in the country, the work participation rate was the total population. Out of the total women in the country, the work participation rate was only 25.67% while the work participation rate of

only 25.67% while the work participation rate of men was 51.93% in the year 2001. Howevermen was 51.93% in the year 2001. However there is rise in the per

there is rise in the percentage of women workers through the years.centage of women workers through the years.

According to another survey, in the year 2004, the total employed force in the public and According to another survey, in the year 2004, the total employed force in the public and private sector was 49.34 lakh. Women working in organized sector

private sector was 49.34 lakh. Women working in organized sector constitute only 10 percentconstitute only 10 percent whereas 90 percent are in unorganized sector.

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In 2003, the number of women in central govt. employment was 7.51 percent. The percenta In 2003, the number of women in central govt. employment was 7.51 percent. The percenta gege of educated women seeking employment has shown an upward trend from 68.7 percent of of educated women seeking employment has shown an upward trend from 68.7 percent of Indian population. Census of India, 2001 defined work as an economically gainful activity, Indian population. Census of India, 2001 defined work as an economically gainful activity, and as a result of this, ninety percent of women are recorded as non-worker in the census and as a result of this, ninety percent of women are recorded as non-worker in the census report of Indian states. Eighty percent women population in rural areas is physically active report of Indian states. Eighty percent women population in rural areas is physically active but being poor and

but being poor and literate they face enormous problems in labour market.literate they face enormous problems in labour market.

Case laws

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• In Mrs. Neera Mathur vs. Life Insurance Corporation of India

• In Mrs. Neera Mathur vs. Life Insurance Corporation of India1313. Neera Mathur was a. Neera Mathur was a probationer

probationer in in the the Life Life Insurance Insurance Corporation Corporation (LIC). (LIC). During During probation probation she she applied applied and and waswas granted maternity leave. She was simply discharged from service after she returned. Her granted maternity leave. She was simply discharged from service after she returned. Her discharge was defended by the LIC on the ground that she had given false declaration at the discharge was defended by the LIC on the ground that she had given false declaration at the stage of entering the service. The court held that „the particulars to be furnished under stage of entering the service. The court held that „the particulars to be furnished under columns (iii) to (viii) in the declaration are indeed embarrassing if not humiliating.‟ These columns (iii) to (viii) in the declaration are indeed embarrassing if not humiliating.‟ These columns were held unreasonable and discharge was set aside.

columns were held unreasonable and discharge was set aside.

• In Punjab National Bank by Chairman and another v. Astamija Dash,

• In Punjab National Bank by Chairman and another v. Astamija Dash,1414 it was held that as it was held that as per provision of the maternity benefit Act, 1961 a woman can avail leave during the period of per provision of the maternity benefit Act, 1961 a woman can avail leave during the period of six weeks from the day immediately following the day of her delivery, miscarriage or six weeks from the day immediately following the day of her delivery, miscarriage or medical termination of pregnancy. If request is made by herself she would not be asked to medical termination of pregnancy. If request is made by herself she would not be asked to work for the period specified as per section 4(4). She would be entitled to the benefits of work for the period specified as per section 4(4). She would be entitled to the benefits of section 6 and 9 of the Act.

section 6 and 9 of the Act.

• In Ashok Kumar v. State of

• In Ashok Kumar v. State of Rajasthan, Rajasthan,1515 the Supreme Court criticised the Session Court for the Supreme Court criticised the Session Court for ignoring the evidence, merely because it was given by a lady doctor in a case where victim ignoring the evidence, merely because it was given by a lady doctor in a case where victim was woman. The court said; „we consider it necessary to record that the judge was was woman. The court said; „we consider it necessary to record that the judge was uncharitable in discarding the testimony of Dr. Patrisia and doubting her truthfulness uncharitable in discarding the testimony of Dr. Patrisia and doubting her truthfulness principally because she was a women.'

principally because she was a women.'

• In Air India V Nargesh Mirza

• In Air India V Nargesh Mirza1616, the first Air Hostess case, apart from other questions, the, the first Air Hostess case, apart from other questions, the legality of regulation 46(c) was challenged. This regulation provided superannuation of an legality of regulation 46(c) was challenged. This regulation provided superannuation of an Air Hostess at the age of 35 years or on marriage if it takes place within four years of service Air Hostess at the age of 35 years or on marriage if it takes place within four years of service

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http://www.westlawindia.com,, accessed on 23 accessed on 23rdrd Oct 2013 Oct 2013

13 13 [1992 AIR 392: 1992 SCC (1) 286] [1992 AIR 392: 1992 SCC (1) 286] 14 14 [2008 III LLJ 58 (SC)] [2008 III LLJ 58 (SC)] 15 15 [AIR 1990 SC 2134] [AIR 1990 SC 2134] 16 16 [AIR 1981 SC 1829; 1981 (4) SCC 335] [AIR 1981 SC 1829; 1981 (4) SCC 335]

New Microsoft Office Word Document (2)

Table of contents

Table of contents

OBJECTIVES

OBJECTIVES

Abbreviation

Abbreviation

Research Methodology

Research Methodology

Sources of Data:

Sources of Data:

Method of Writing:

Method of Writing:

Mode of Citation:

Mode of Citation:

ACKNOWLEDGEMENT

ACKNOWLEDGEMENT

Introduction

Introduction

Global View

Global View

Meaning of Gender Justice

Meaning of Gender Justice

Gender pay equity in Europe

Gender pay equity in Europe

Pay statistics

Pay statistics

_–

_–

quality and coverage

quality and coverage

United States

United States

Problems Faced By Women

Problems Faced By Women

Gender Justice and Labour Law

Gender Justice and Labour Law

Case laws

Case laws