514

CHAPTER VIII

CONCLUSION AND SUGGESTIONS

The foregoing study brings the conclusion that the dignity of women in

society provides an exact measure of the development of society. Historically, the

position of women was extremely oppressive. Women were deprived of their

individual decisions and choices. They were brought under full control of men.

They were not supposed to seek any gainful employment outside the family. This

hindered their economic development and reduced their social position.

The most important far-reaching efforts to emancipate women were made

during the period of freedom movement in our Country. It is during that

movement that women made their presence felt and by participating in the

movement they positively demonstrated that they were in no way unequal to men.

After the industrial revolution the social situation changed throughout the world

and so in India. A family no more remained a centre of production. Because of

industrialization and urbanization new social norms and values emerged. Job

opportunities, economic hardship and favourable social and cultural situation

encouraged women to seek employment outside the home.

After independence of the Country, the number of women came out of their

houses for work. The women started migrating to the cities to take up employment

in industry. According to Census of India 2001 women workers constitute 25.68

percent of the total workforce in the Country. There are three sectors – Primary

sector, Secondary sector, Tertiary sector. The primary sector is the dominant

sector so far as the employment of women in rural areas is concerned, it accounts

for nearly 85% of women’s activity. The primary sector consists of agricultural,

mining and quarrying, the secondary sector consists of manufacturing, electricity,

water and construction and the tertiary sector includes wholesale and retail trade,

restaurants and hotels, transport storage and communication services, financial

intermediation, insurance, real estate and business services, public administration,

education, healthcare services and community services. In rural areas female are

mostly engaged in primary sector, while in urban areas female are mostly engaged

515

in tertiary sector. Recent KISSO reports reveals that in 2004-2005 in rural areas,

83.3% women engaged in primary sector, 10.6% in secondary sector and 6.6% in

tertiary sector. In urban areas, 18.1% women engaged in primary sector, 32.4%

women in secondary sector and 49.5% tertiary sector.

Women constitute a significant part of the workforce of Aligarh and Agra.

Census of India reveals that work participation rate of female in Aligarh is 13.3%

and in Agra is 7.24%. In Aligarh among total workers, the percentage of female

cultivators are 25.7%, agricultural labourers are 25.2%, household industry

workers are 14.7% and other workers are 34.4%. In Agra the percentage of female

cultivators are 20.4%, agricultural labourers are 20.9%, household industry

workers are 14.1% and other workers are 44.6%.

In present day society, female workers are generally regarded as distinctive

groups. The women workers are employed in a agriculture, plantation, mine, beedi

rolling, construction, livestock, crafts sector, home based work, food processing,

textile and garment industry, street vending and rag picking, lock industry,

thermometers industry, agarwati industry, handloom industry and various other

service sectors. But unfortunately, there are various factors that have caused

women lagging behind men. Social attitude, traditions, customs, marriage,

domestic chores, immobility, childcare, dependency, accommodation, education,

training, unionism, infrastructure, payment, supplementing income, technological

development, gender based division labour, biological differences, child rearing,

insecurity, lack of confidence, and sexual harassment fear are most important

factors which are responsible for low level of women’s employment. Despite of

these handicaps women are and will continue to remain in labour force.

Although, working of women outside their homes solved their economic

problems to some extent, it gave rise to many other problems and difficulties due

to their peculiar social, biological and psychological conditions. Basically Society

in India does not favour employment of women as they are still looked upon as

reproductive and not productive actors. It also relegated women to a secondary

position and confined them to play to role of home maker.

The problems and difficulties of working women at work place are

multidimensional. Women workers at work place face the problems of low and

516

discriminatory wage, exploitative working conditions, lack of secured

employment, sexual harassment. Sexual harassment at the workplace affects the

well being and economic livelihood of the women employee, while also affecting

the moral productivity and integrity of the work place. Lack of awareness about

the law and their rights is one of the fundamental causes behind the powerlessness,

bias, and exploitation that women face at their work. Thus, our first hypothesis

that working women have to face various problem at home as well as at their work

place is proved.

It is therefore, realized that conditions of women workers cannot be

improved unless they are giving special protection. Thus governments have paid

due attention towards miserable working and, living conditions of women.

The Constitution of India has given special attention towards the needs of

women to enable them to exercise their rights on an equal footing with men and

participate in national development. It also aims at creation of an entirely new

social order where all citizens are given opportunities for growth and development

and where no discrimination takes place on the basis of race, religion, sex, etc.

The founding fathers of our Constitution granted freedom, liberty and

equality to women. The founding father expressed the fear that discrimination

will continue even after enacting Article 14, which provides equality before law

and equal protection of law. They, therefore, prohibited discrimination on the basis

of sex etc. by providing Article 15(1). The framers were also conscious of the fact

that the pitiable condition of Indian women cannot be improved by only

prohibiting discrimination on the ground of sex. It can be improved by giving

special protection in the form of discrimination to the women. Thus they provided

Article 15(3), which empowers the State to make special laws in favour of women.

Thus special care has been taken to provide socio-economic justice to women.

The Constitution also adds to the service jurisprudence by enacting Article

16, which ensures equality of opportunity to women in matters relating to

government employment and also prohibits any discrimination in respect of any

employment or office under the State on the grounds only of religion, race, caste,

sex etc. The State is under an obligation to promote the welfare of the people

including women by securing and promoting as effectively as it may a social order

517

in which justice social, economic and political shall pervade all the institutions of

national life.1 Article 39 states that the State shall direct its policy towards

securing for both men and women equally the right to an adequate means of

livelihood,2 the right to equal pay for equal work3 and the right that the health and

strength of workers, both men and women, is not abused.4 Article 42 provides that

the State shall make provision for securing just and humane conditions of work

and maternity relief and Article 43 directs that the State shall endeavour to secure

to all workers living wages, good conditions of work and a decent standard of life.

The principles that are embodies in Articles 38, 39, 42, and 43 are expected to

govern the State in its legislative, executive and judicial functions. Thus on the

one hand, the Constitution prohibits the State from taking any sex-based

discriminatory action and, on the other hand it imposes a positive duty on the State

to strive to secure above mentioned rights.

Both at the national and international levels, a great deal of efforts have

been made over the years, through various means for the upliftment and

empowerment of women in general and women labour in particular.

Welfare measures for women were provided in very first five year plan

launched in 1951. Second five year plan recognised special needs of women

workers such as maternity benefit and crèche facility for their children. The third

and fourth five year plans focused on expansion of women’s education. The fifth

five year plan elaborated upon some of the reasons for fewer employment

opportunities for women. During the sixth five year plan a variety of programmes,

were taken up under different sectors of development to ameliorate the working

conditions of women and to raise their economic and social status. The seventh

five year plan also provided that the women labour has to be given recognition and

be provided with the requisite facilities for bringing them into the mainstream of

economic growth. The eight five year plan continues to identify certain thrust

areas for women’s development. The ninth and tenth five year plans have

empowerment of women as a focus. Eleventh plan focus on women empowerment

and gender justice.

Many development programmes, policies and schemes for the upliftment of

women and women labourers have been launched by the governments. Integrated

518

Rural Development Programmes, 1980 is one of the largest self employment

programme. In 1988 the National Perspective Plan for Women, 1988-2000 was

unveiled. The plan recognised the need to bring women’s concerns into the

mainstream. The National Commission for Women was set up as statutory body in

January 1991. This works as an ombudsman for safeguarding the rights and

interests of women in India. Mahila Samakhya, 1987 Scheme seeks to bring about

a change in women’s participation about themselves and the society. Jago Bahna

Scheme has created awakening among women to protect the rights of their girls.

Rajiv Gandhi National Crèche Scheme for the childen of working mothers, 2006,

envisages setting up of 7000 new crèches during the period from 1st January to 31st

March 2006. The aim of National Maternity Scheme, 1997 was to improve the

nutritional status of mother. Under Ladli Social Security Pension Scheme, on the

birth of second girl child, the mother as well as the new born girl child would get

an incentive of Rs. 5000 a year for a span of the years. The government has

initiated a maternity benefit scheme called Janani Suvidha Yojana for pregnant

woman in urban slums. The aim of Janani Suraksha Yojana, 2005 was reducing

maternal and infant mortality by increasing the number of institutional deliveries

among women from families living below the poverty line. The goal of National

Policy for the Empowerment of women, 2001 was to bring about the advancement,

development and empowerment of women. To address the problem of under

nutrition among adolescents girls and pregnant women and locating mothers, the

Planning Commission in the year 2002-03 launched the Nutrition programme for

Adolescent Girls. The Punjab Government in 2007 launched the ‘Mai Bhago Stri

Shakti Scheme’ for uplifting the socio-economic standard of women in the State.

Delhi Ladli Scheme, 2008 introduced for the protection of girl child. Thus various

efforts has been made at national level through different five year plans,

development programmes, policies and schemes to improve the situation of

women and women workers. But unfortunately, the performance of the plans,

development programmes, policies and schemes have been poor due to several

reasons. One of the main reason is the lack of effective planning and co-ordination

not only between the Central and State Governments but also various ministries

and departments of the Central Government and also with field level

519

implementing agencies. Another reason for the poor performance of these

programmes is the lack of awareness amongst targeted groups about the schemes.

Attention has also been paid towards the women workers at the

international level. Since it inception in 1945, the UN has been playing a very

important role in the process of bringing awareness about women’s unequal

position in society. UN charter established gender equality as fundamental human

right. ILO Resolution concerning ILO action for women workers includes

strategies to eliminate continuing barriers to the equal participation of women in

employment. A number of Conventions and Recommendations dealing

exclusively with the protection of women workers have been adopted by the ILO.

These Conventions and Recommendations are as follows : Equal

Remuneration Convention and Recommendation 1951, Discrimination

(Employment and Occupation) Convention, and Recommendation, 1958, Workers

with Family Responsibilities, Convention and Recommendation, 1981, Maternity

Protection Convention (Revised) 1952, 2000 and Maternity Protection

Recommendation, 1952, 2000, Maternity Protection (Agriculture)

Recommendations, 1921, The Plantation Convention, 1958, The Minimum Wage

Fixing Convention, 1970, The Protection of Wages Convention 1949, Social

Security (Minimum Standards) Convention 1952, Welfare Facilities

Recommendation, 1956, and International Convenant on Economic, Social and

Cultural Rights. All these Conventions, Recommendations and Resolutions

adopted by the UN and the ILO from time to time make it amply clear that they

have been fully conscious of the growing problems of working women. Thus, the

Conventions, Recommendations and Resolutions came as a boon to the working

women by guaranteeing income protection, medical care and maternity relief. But

unfortunately, it is painful that these efforts have remained on the papers.

In the light of the various provisions of the Constitution and to comply with

the different Conventions and Recommendations of the ILO, Government

undertook various legislative measures, which provide for the protection and

welfare of women workers. The rights given to women workers under labour laws

have been divided in three heads - (1) Measures in regard to Health, Safety and

520

Welfare for women (2) Social Security Measures for Women (3) Wage Protection

for Women.

These rights are provided in various labour laws i.e. The Factories Act,

1948, The Mines Act, 1952, The Plantation Labour Act, 1951, The Building and

Other Construction Workers’ (Regulation of Employment and Conditions of

Service) Act, 1996, The Beedi and Cigar Workers (Conditions of Employment)

Act, 1966, The Contract Labour (Regulation and Abolition) Act, 1970, The Inter-

State Migrant Workmen (Regulation of Employment and Conditions of Service)

Act, 1979, The Maternity Benefit Act, 1961, The Employees’ State Insurance Act,

1948, The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952,

The Payment of Gratuity Act, 1972, and The Workmen’s Compensation Act, 1923.

In an economy where even minimum wages are not paid to the women workers,

the need to protect the wages earned by them has great significance. In this regard

most relevant and important pieces of legislations are Minimum Wages Act, 1948,

Payment of Wages Act, 1936 and Equal Remuneration Act, 1976.

It is clear that to provide security against various risks, peculiar to their

nature, women workers have been given various rights, benefits, concessions,

protection and safeguards against under different labour legislations. But despite

this all, much remains to be achieved. Women workers are still made to suffer

discrimination in social and economic spheres and continue to be most exploited

lot. Most of the labour legislations apply to organised sector only, leaving

unorganised sector, where a majority of the women work, unattended. It has

therefore, been suggested that the labour legislations should be applied to

unorganised sector also so that majority of the women who work in this sector are

protected and get the benefits.

It seems that penal provisions of the labour legislations are not deterrent to

prevent the employer from making violations of these provisions. The machinery

for inspections and enforcement is inadequate. The women workers due to their

ignorance and lack of education do not approach the enforcing agencies for the

redressal of their rights and grievances. Therefore, penalties should be made

stringent and law enforcement should be made more effective.

521

One of major defect in the MB Act is that under this Act entire burden for

payment of compensation is on the employers. This has led to a tendency amongst

the employers either not to employ women or to evade the payment of maternity

benefit. There is, therefore, a need that the benefit under the Act should also be

given on the pattern of ESI Act by creating an insurance fund. The fund should

also be administered by ESI Corporation. With the passage of time maternity

benefit should be covered wholly by MB Act and should be deleted from ESI Act.

This will create uniformity in the area of maternity benefit.

There are also common defects in both the ESI Act and MB Acts. They do

not cover the cases of adoptive mother and they pay maternity benefit regardless

of the number of children born. It has therefore, been suggested that the cases of

adoptive mothers should be covered and maternity benefit should be restricted to

only two children by making necessary changes in the law.

However despite these defects, yet the virtue of both ESI and MB Act is

that they recognise the needs of pregnant women workers and guarantee paid leave

for them on a national level, a slot that many other countries have not had the

realism and foresight to do.

A weak feature of The Workmen’s Compensation Act, 1923 is that it places

the entire liability for compensation on the employer, but there is no obligation on

the part of the employer to insure his liability. Thus in many cases small

employers find it difficult to pay compensation in the event of a heavy liability

arising out of a fatal accident. Such defaults tend to bring the law into disrepute.

The Minimum Wages Act, 1948 provides a mechanism for fixing and

revising minimum rates of wages, it does not give any guideline as to the basis on

which the minimum wages are to be fixed or revised. This has been the subject of

considerable criticism and discussion over the years. It has been recommended

that in fixing minimum wages, the basic minimum needs of workers and his/her

family for sustenance should be kept in view so that the wage prescribed is a just

wage.

The major problem with The Equal Remuneration Act, 1976 is the

definition of “same work or work of a similar nature.” The definition leaves much

to be desired and can defeat the object of the Act. It leaves the door wide open for

522

employers to continue mainly with the practice of paying less to women workers

as men and women seldom do the same work. It has therefore, been suggested that

the term “same work or work of a similar nature” is to be replaced by “same work

or comparable worth”. It is not the similarity or identity of work alone that will

entitle women to equal pay but also work which is comparable in terms of skill

required and its value to the employer that will entitle them to equal value.

To translate to socially just and economically sound principle of equal

remuneration for men and women into practice, it is absolutely essential to remove

prejudices and bottle necks against employment of women. There is also a need, to

do everything possible to increase women’s employment opportunities and to raise

their productive efficiency.

It has been seen that these protective legislations have proved

counterproductive and have resulted into decline of women labour. The employers

are reluctant to employ them because of bearing of extra costs and of certain

prohibitions attached with women’s employment. Therefore, there is a need to

ensure that the protective discrimination resorted to in favour of women workers

should not have adverse impact on the scope or the avenues of their employment

in various types of employments, otherwise it is bound to have an adverse effect

on the service prospectus of the female employees. In such situations, instead of

doing favour to the women workers it will certainly amount to creating injurious

impact due to resultant reduction in employment opportunities for them. Hence, it

becomes imperative that a balanced and reasonable approach may be adopted in

order to achieve desired objectives and training may be imparted to women so that

women with proper training can be as useful and efficient as men. Unless and until

this is done and a vigorous policy is pursued the adverse impact of labour

legislation on the employment of women can not be counter acted.

The Judiciary anxiety and anguish towards the problems of women workers

was well amplified in various judgments and the Judiciary made earnest efforts to

secure the rights and protect the interest of women workers in various leading

cases.

The creative thinking that is evident in cases like C.B. Muthama v. Union

of India,5 AIR India v. Nargesh Meerza,6 People’s Union of Democratic Rights v.

523

Union of India,7 kishori Mohanlal Bakshi v. Union of India,8 Randhir Singh v.

Union of India,9 is a good sign of judicial activism. The Judiciary is playing a

creative role in harmonising and balancing the rights and interest of men vis-à-vis

women.

The Punjab and Haryana High Court in Shamsher Singh’s case10 has rightly

said that Articles 14, 15 and 16 constitute a single code. Article 14 is said to be the

genus and Article 15 and 16 the species. Article 15(3) is to be deemed as a special

provision in the nature of proviso qualifying the general guarantees of Articles 14,

15(1), 15(2), 16(1) and 16(2). But at the same time only such provisions can be

made under Article 15(3) which are reasonable and in favour of women. Clause

(3) of Article 15 has come for criticism a good number of times but the legislature

and judiciary have always responded positively by upholding the provision. The

Supreme Court 11 rightly observed that Article 15(3) in relation to women is a

recognition of the fact that for centuries, women of this country have been socially

and economically handicapped. As a result they are unable to participate in the

socio-economic activities of the nation on a footing of equality. It is in order to

eliminate this socio-economic backwardness of women and to empower then in a

manner that would bring about effective equality between men and women that

Article 15(3) is placed in Article 15. This power conferred under Article 15(3) is

not whittled down in any manner by Article 16. Therefore, the judiciary has

recognised the sex-based discrimination constitutionally valid on the basis of

peculiar conditions of women if it protects the interests of women.

The doctrine of ‘equal pay for equal work’ for men and women which is a

part of Directive Principles of State Policy12 has been read in Article 14 and 16

and made enforceable in the courts of law. It is no more an abstract doctrine and is

considered as the constitutional goal capable of attainment through constitutional

remedies. Though the women are physically weak in comparison to men. Yet the

Supreme Court has condemned the discrimination on the basis of sex and has

given new interpretation to principle of equal pay for equal work.13 It has refused

to consider the quantum of physical strength of women, a standard for evaluation

of work and pay.

524

Women are suffering from problem of sexual harassment at work place.

The judgment of the Supreme Court in Vishaka14 case is no doubt a step in the

right direction. So, the authority should implement the measures strictly described

by the court in Vishaka case. State Government should enact effective legislation

to check the problem of harassment.

The Judiciary had played a important role to provide maternity benefit to

women workers in Malayalam Plantations Ltd. v. Inspector of Plantations.15 In

this case the Full Bench of the Court held that in calculating the benefit under the

Maternity Benefit Act, 1961 the number of weeks for which a women worker is

entitled to the benefit must be multiplied by six and not by seven. This view

however, did not find the approval of Supreme Court in B. Shah v. Labour Court

Coimbatore,16 the Court held that the computation of maternity benefit has to be

made for all the days including Sundays and rest days which may be wage-less

holidays comprised in the actual period of absence of the women extending up to

six week preceding and including the day of delivery as also for the days falling

within the six weeks immediately followings the day of delivery thereby ensuring

that the woman worker gets for the said period not only the amount equally 100

percent of the wages, which she was previously earning in terms of Section 3(n) of

the Maternity Benefit Act, 1961 but also the benefit of the wages for all the

Sundays and rest days falling within the aforesaid two periods which would

ultimately be conducive to the interests of both the woman worker and her

employer.

It is submitted, that this view is correct and is in consonance with the

principles of social justice. It also shows the concern of the judiciary to provide

better security to women workers in cases of confinement, miscarriage or sickness

arising out of pregnancy or premature birth of a child, etc.

In a judgment of far reaching consequences the Supreme Court in

Municipal Corporation of Delhi v. Female Workers17 declared that the maternity

benefit is applicable to casual workers and daily wage workers also. This is a

beneficial piece of judgement which will cover a large number of women workers

who were till date refused maternity benefit because of the casual and temporary

nature of service.

525

However, this would not be correct to say that nothing has been done to

protect rights of women workers, while progress has no doubt have been made, it

is not commensurate with the size and complexity of the problem. The protective

measures, national and international commitment beneficial labour legislation and

sympathetic judicial pronouncement have tried to give effect the rights of women

workers and many positive steps in right direction are taken, but unfortunately, the

result is not so satisfactory as we thought.

The second hypothesis of the researcher is that the constitutional

provisions, beneficial labour laws, national and international commitments,

protective measures and judicial pronouncements are sufficient to provide

protection of women, but they are not being effective and problems of working

women by way of exploitation, discrimination and dismal working conditions is

continued, had been proved.

One main hypothesis of the researcher is to evaluate the impact of Indian

labour laws on socio-legal status of women workers in lock industry, hicks

thermometers industry, brick kilns industry in Aligarh and footwear industry,

construction industry in Agra. Beside this, to discuss what are institutional

deficiencies in the protective legal framework and the functional problems in its

implementation which frustrated the implementations of labour laws.

For the test of above hypothesis, a survey has been conducted in Aligarh

and Agra. This study is carried out on a sample of 56 units selected from the area

of Aligarh and Agra. Out of 56 units, 20 units of Home based lock manufacturing

industry, 10 units of brick kilns, industry unit of Hicks Thermometers industry

from the Aligarh district and 20 units of footwear industry, 5 construction sites

from Agra district have been selected. A total of 250 women workers, 50 from

each industry, were selected by using multi-stage random sampling technique.

The major findings of the survey are given below:

In home based units of Aligarh lock industry, majority of women workers

in the age groups of 18-25 years, were married, Muslim and had acquired

education up to high-school. Most of the women workers belonged to backward

caste and has low economic status and large families. Women workers mostly

worked on piece rate basis and their earning level was below Rs. 2000 per month

526

and they performed the job of unskilled category. Most of the women (60%) in

sample get their payment weekly. Only 10% women workers have awareness

about laws and rights. Almost all the Labour legislations like The Factories Act,

1948, The Contract Labour (Regulation and Abolition) Act, 1970, Employees’

State Insurance Act, 1948, The Employees’ Provident Funds and Miscellaneous

Provisions Act, 1952, The Payment of Gratuity Act, 1972, The Minimum Wages

Act, 1948, The Payment of Wages Act, 1936, The Equal Remuneration Act 1976

and The Payment of Bonus Act, 1965 are applicable in home based units of

Aligarh lock industry, yet the women workers engaged in this industry were not

getting benefits under these Acts.

In brick kilns industry of Aligarh majority of women workers were young,

illiterate, Hindu and married women. Most of them belonged to Scheduled caste

and had low economic status. 60% respondents had large families. Almost all the

women employees worked on piece rate basis and performing the job of semi-

skilled category. Mostly women employees earned between the 3500 to 5000 per

month. In brick kilns, 100% women workers get their payment after season. Only

80% women workers have awareness about laws and rights.

Almost all the labour legislations are applicable in brick kilns industry

except Employees’ State Insurance Act, 1948, but most of the labour laws were

observed to be ineffective because they were not being thoroughly complied with

by the owners.

In hicks thermometers industry of Aligarh, majority of women workers

were Hindu, married and belonged to higher caste, 76% of the women workers

were in the age group of 26 to 48 years. No woman worker was illiterate. All the

respondents have low economic status and 86% respondents had medium size

family. Almost all women workers worked on time rate basis and performed the

job of unskilled, semi-skilled and skilled category. Majority of women employees

earned between 1000 to 3500 rupees per month. All the women workers get their

payment monthly. Only 46% women workers have awareness about laws and

rights. Various labour legislations are applicable to hicks thermometers industry

except Contract Labour (Regulation and Abolition) Act, 1970 and Inter-State

Migrant Workmen (Regulation of Employment and Condition of Service) Act,

527

1979. The reason is that no contract worker and migrant workmen were found in

this industry. This industry is exempted from Maternity Benefit Act, 1961 and The

Workmen Compensation Act, 1923, because this establishment is covered by

Employees’ State Insurance Act, 1948.

The conditions of women workers were quite better than other industries

and they were receiving various benefits provided under different labour

legislations. It is very unfortunate that Minimum Wages Act, 1948 and Payment of

Bonus Act, 1965 are not implemented in this industry. All the respondents in this

industry were paid less than notified minimum wages, No arrangement for bonus

had been made by the employer to the women employee according to law. Thus,

in this industry almost all the legislations were properly implemented except

Minimum Wages Act, 1948 and Payment of Bonus Act, 1965.

In construction sites of Agra, majority of women workers were Hindu,

married and in the age-group of 18 to 40 years. 32% women were illiterate, 46%

had studied upto primary level and 22% had studied up to Jr. High School. They

belonged to Scheduled Caste, Backward Caste, Higher Caste and Scheduled Tribe.

52% women had large families and 48% had small families. 76% women had low

economic status. Almost all the women employees worked on time-rate basis and

performed the job of unskilled category. Mostly women employees were earning

between 1000 to 3000 rupees per month. Most of the women workers (72%) get

their payment fortnightly or weekly. Only 4% women workers had awareness

about laws and rights. The Building and Other Construction Workers (Regulation

of Employment and Condition of Service) Act, 1996 is a special legislation, which

apply to these construction sites in Agra, which is selected by researcher. Beside

this, all the labour legislations are applicable to the construction sites except

Employees’ State Insurance Act, 1948 and The Factories Act, 1948. Despite the

fact that many labour legislations have been made applicable to these construction

sites, the working conditions of women workers engaged in these construction

sites were highly unsatisfactory.

It was observed that only some provisions of Building and Other

Construction Workers (Regulation of Employment and Condition of Service) Act,

1996, Payment of Wages Act, 1936 and Workmen Compensation Act, 1923 were

528

implemented in these construction sites, while other labour legislations had been

violated in these construction sites.

In footwear industry of Agra, majority of women workers were married

and in the age-group of 18 to 40 years. 60% women were Hindu and 40% were

Muslim. They belonged to Scheduled Caste, Scheduled Tribe, Backward Class

and Higher Caste. No woman worker had acquired education above high school.

70% women worker had large family and 26% had medium family. 82% women

had low economic status. 50% women employee worked on time rate basis and

other 50% worked on piece rate basis. They were performing the job of unskilled

and semiskilled category. Most of the women employees earned between 1000 to

3000 rupees per month. 50% women workers get their payment weekly, 21% daily

and 24% get their payment at the end of the month Only 12% women workers had

awareness about laws and rights.

Almost all the labour legislations are applicable to footwear industry except

Inter-State Migrant workmen (Regulation of Employment and Condition of

Service) Act, 1979. The reason is that no migrant workmen were found in this

industry. The industry is exempted from Maternity Benefit Act 1961, and The

Workmen Compensation Act, 1923, because this establishment is covered by

Employees’ State Insurance Act, 1948. Though various protective measures were

provided by the employer for the women workers, but ground realities are that

these measures are not according to requirements as provided under various labour

legislations.

The survey reveals that working and living conditions of majority of

women workers in home based units of lock industry, brick kilns industry,

construction industry and footwear industry are not satisfactory and they do not

receive the benefits provided under different labour legislations. In hicks

thermometers industry the condition of women workers is quite better than other

industries and they received most of the benefits provided under different labour

legislations. Thus from this, our next fourth and fifth hypothesis that is the

working conditions of women workers in selected industries are miserable and

exploitative in nature and women have little awareness about laws and their rights

are proved.

529

The question arises if labour legislations provide an effective protection to

women workers in terms of working and service conditions, then why these

legislations are not being effective in selected industries of Aligarh and Agra. It

seems that the main reason for ineffective of labour legislations is the non

implementation of concerned labour legislations.

In Aligarh and Agra, it was found by the researcher that there are many

problems and obstacles in effective implementation of various provisions of labour

legislations. These problems and obstacles are as follows:

1. Lack of awareness amongst women workers about their trade unions

and about their rights under the labour laws.

2. Ineffective institutions.

3. Improper attention of the Government towards the development of the

responsible institutions.

4. The inspectors appointed under different labour laws are not well

qualified for the job for which they have been appointed.

5. Paucity of hands of the implementation machinery.

6. The prosecutions launched in the Courts cause delay in awarding

penalties for the non-implementation of laws.

7. The penalties generally imposed by the Courts of law are much less.

8. The women workers engaged in these industries at their own wish also

quite frequently keep on changing the industrial units, whenever they

find even the marginal increase in the piece rate remuneration being

offered to them. This habit also creates obstacles in the implementation

of legislations.

9. The procedures to be followed for implementing the various provisions

of labour legislations, instead of being facilitative is quite cumbersome,

complicated, lengthy and hence resulting in ineffective implementation

and ultimately failing in providing security to a substantial number of

workers.

10. Many a times the employers maintain two kinds of records, and the

records are registers shown to the inspectors at the time of inspection

530

are different from the actual records, which creates problems in the

implementation of the law.

11. Many of the establishments are run without registration under the

Factories Act, 1948.

12. It was observed that most of the trade unions treat their members as a

source of income and whenever the workers approach them the union

leaders try to get their share first.

13. Most of the provisions have today become obsolete and there is a need

to change them as per the need of the day.

14. Officials of the Labour Department generally themselves suggest the

employers ways and means to escape the Labour Laws.

15. The compliance of law proves to be costlier than its violation.

In Aligarh and Agra Researcher has observed above problems and

obstacles in effective implementation of various provisions of labour legislation.

For this disease, Researcher has suggested the steps which may be taken for

making the labour legislations effective and result oriented and to improve the

working and living conditions of women workers which are as follows:

1. Agencies posted for the implementation of laws need to be strengthened

and given teeth. It is, proposed that adequate number of posts be created

in the Department, so that implementation may be done effectively.

Secondly, the updating of labour laws especially the penal clauses

should be done by enhancing the penalties and making them stringent.

The inspecting staff under all labour laws should be made accountable.

The judicial virus are very much there in the process of adjudication.

There is need to reconsider the qualification of Presiding Officer in

Labour Court and Tribunal. The adjudicator authorities should dispose

of the concerned cases expeditiously. There should be frequent

inspections of different factories and establishments to check violation

of labour laws. Fair representation should be given to the ladies in the

enforcement staff of the labour laws.

2. To make labour legislations result oriented, infrastructural facilities

need to be provided and strengthened.

531

3. Employees in general and women employees in particular should be

organised and endeavour to get their demands fulfilled. While pursuing

their demands the trade unions should behave in an orderly manner.

4. It seems that there is a shift of the Government policy today towards

lesser inspection, in such circumstances the officials of labour

departments may assume the role of worker educators so that even in

the absence of inspection, the workers may ask for their rights.

5. At the level of three wings of the government, i.e. Legislature,

Executive and Judiciary there should be coordinate co-operation in the

efforts made for the proper implementation of labour legislations.

The Legislature should remove all the defects in the provisions of the

labour laws pertaining to women workers.

The Executive should streamline in activities and implement and

enforce the provisions concerning women workers. For those matter

competent and trained personnel including lady inspectors should be

engaged.

Judiciary should also fulfill its obligations with respect to

labourers fully. By acting as watch dog, it should be an endeavour on

the part of judiciary to interpret the labour provisions for the welfare

and benefit of women workers. It should expeditiously dispose of cases.

For pursuing their cases before the courts, free legal aid should be

provided to women workers. The courts should also encourage public

interest litigation with respect to women workers.

6. Understanding of the problems of women workers is essential for

formulation of suitable ameliorative measures for welfare. First hand

detailed surveys of these workers should be undertaken from time to

time to study their problems and conditions of work.

7. Women must understand what their rights are and fight back if they are

denied opportunities to work. Indeed they must fight back whenever

they have been discriminated against. To become equals of men, they

must have economic independence not just a few women but many.

532

8. Equal pay for all types of unskilled work and schemes for skilled up

gradation for women should be undertaken, through strong enforcement

of laws.

9. Rural women are totally unaware about many of the programmes

available for them. To combat this problem, one can build channels of

information, such as creating information network centre at each

panchayat of district of every state. These centres may include radio,

television, pamphlets containing information about various welfare

programmes.

10. When fatal accidents occur, it should be made mandatory for the

principal employer to inform authorities and deposit the compensation

before the labour commissioner.

11. Large family size and poverty are the main cause for working at low

wages. Hence it is suggested that workers are advised to follow the

small size family plan.

12. It is suggested that Government official take measures for payment of

minimum wages to women workers.

13. The working hours of the women workers should be regulated and

streamlined.

14. Steps should be taken by the Government to ensure that no exploitation

of labour take place. This will go a long way in the upliftment of the

standard of living of women workers in general.

15. Illiteracy and ignorance about their rights has led to discrimination and

exploitation of women workers. There is a need to educate them

through mass media, seminars, conferences, through adult education

programmes and through trade unions. Labour Department and Law

Faculties can play an important role in this regard by publishing of their

rights through pamphlets, hand books and newspapers and through

legal awareness programmes. The education of women workers about

their rights and duties should also be an integral part of the job

description of the labour officers and inspectors. They should not

perceive their job as prosecutors only.

533

16. A legal literacy programme can enable women labourers to apply that

vertical awareness to the law and legal process, discovering both the

limits and possibilities of law in the battle for socio-economic change.

17. Maternity benefit for the period of four weeks should be given to

married women in case of delivery, miscarriage, or sickness arising out

of pregnancy two weeks prior to delivery and two weeks after

confinement. Maternity bonus of Rs. 2000 should also be provided to

such women, in case medical facilities are not provided by the

employers.

18. Compensation for death and displacement must be provided by the

respective employers for the incident arising out of and in course of

employment. Rs. 1.25 lakh for death and 1.5 lakh for total disablement

(ranging from 50 to 100 percent disablement) and 1 lakh for partial

displacement (below 50 percent disablement) should be paid to the

affected worker. The ESI hospitals doctors should decide the rate of

disablement.

19. There should be a strict implementation of the Factory Act, with

reference to provisions of proper working conditions like clean toilets,

spittoons, proper resting places, adequate furniture, and exhaust fans,

facilities for disposal of wastes and effluents. In the course of our

observation, we found that at present these facilities are not adequate, in

the sense that they are not proportionate to the workers population in

the factory.

20. Provisions for crèches must be made compulsory for all factories and

establishments employing 20 or more women workers irrespective of

their nature of job. The facilities in the crèches should be upgraded. In

case of smaller units common crèche family should be introduced and

the expenses to borne collectively by the unit patterns and to be

supported by NGO’s and other social welfare organizations.

21. Government should constitute a tripartite committee every year at the

state level to decide about the rates of wages, the bonus and the

incentives for these workers. Efforts should also be made by the

534

enforcement machinery to effectively implement the recommendations

of this committee. Role of trade unions and NGOs in this connection is

recommended.

22. In a situation where there is a trend towards lesser inspection and

removal of inspector raj, the institution of Labour Officer can play a

very important role in engaging the labour welfare by way of giving

proper guidance to the management about various labour laws and

government schemes etc. and by finally by defending the interests of

workers.

23. Sexual harassment at the work place affects the well being and

economic livelihood of the women employee. To control the sexual

harassment of women, directions and guidelines issued by the supreme

court should be observed strictly and women should be aware about

their rights. Beside this,. The role of employer, track unions, and state

instrumentalities, non-governmental organizations, and as well as of

media in creating a healthy environment for the dignity of workers is of

vital important in preventing and combating sexual harassment at

workplace.

24. Social outlook towards women in general and women workers in

particular must undergo a radical change in order that women may be

able to work without harassment and social disapprobation. There is

need for mobilization of public opinion and an effective community

participation against eradication of social evils through constant

endurance. Mass media and social workers can play an important role

in this regard.

535

REFERENCES

1. Article 38(1) of the Constitution

2. Article 39(a) of the Constitution of India

3. Id, Article 39(d)

4. Id, Article 39(e)

5. AIR 1976 SC 1868

6. AIR 1981 SC 1829

7. (1982) 2 LLJ 454 (SC)

8. AIR 1962 SC 1139

9. AIR 1982 SC 879, 882

10. AIR 1970 P and H 372.

11. Government of A.P.v P.B. Vijay Kumar, AIR 1995 SC 1648.

12. Article 39(d) of Constitution of India.

13. Randhir Singh v. Union of India, AIR 1982 SC 829.

14. Vishaka v. State of Rajasthan AIR 1997 SC 3011.

15. AIR 1975 Ker 86

16. AIR 1978 SC 12

17. AIR 2000 SC 1275