ASSIGNMENT- 2

The issue of Gender Inequality in workplace: Throughout the

eras

Shakthi Bharathee. S
21BLB1024

Early 18th to 19th century

Gender inequality in the workplace has a long history that can be traced back to ancient
times. During the time of Industrial Revolution, any job or work has been comprised of
predominantly men. Women were largely confined to domestic roles and were not
considered suitable for most jobs outside of the home. They were primarily employed in
low-paying, low-skilled roles such as domestic service, textile factories, or as
seamstresses and were restricted from entering fields that have been traditionally
dominated by men, such as engineering, science, and management. Women often faced
significant wage disparities compared to men, and their access to education and
professional advancement was limited. Glass ceilings and gender biases limited their
access to leadership roles and decision-making positions. Many employers had policies
and practices that explicitly favoured men over women, such as job advertisements
specifying gender preferences or excluding women from certain job opportunities
altogether.

1958
In the early years after independence, gender roles remained traditional, with women
primarily engaged in household and caregiving responsibilities. Women's access to
education and employment opportunities was limited, and they faced societal
expectations that prioritized marriage and family over career aspirations. But in the
same time, India ratified ILO convention 100 which is also known as Equal
Remuneration Convention by the year of 1958 which served as the beginning of growth
in the aspect of equality. This addresses the principle of equal remuneration for men and
women workers for work of equal value. This has provided a framework for the Indian
government to develop legislation promoting gender equality in the workplace as a
direct response to the requirements of this convention. It has encouraged advocacy and
activism aimed at addressing gender-based wage disparities and promoting gender
equality in India. This has acted as a catalyst for other gender equality measures in the
Indian workplace, that is it influenced the formulation of policies and laws aimed at
promoting women's rights, including those related to maternity benefits, sexual
harassment prevention, and women's representation in decision-making positions.

1961
The 1960s saw the rise of women's rights movements globally, including in India. These
movements advocated for equal rights, opportunities, and protections for women in
various aspects of life, including the workplace and the demand for maternity benefits
and safeguards for women workers gained momentum through these movements. Along
with the movements, aided the international conventions and other stakeholders in the
country influenced the enactment of the Maternity Benefit Act, 1961. This act aimed to
address the unequal treatment and disadvantages faced by women in the workplace due
to pregnancy and childbirth. The Act originally provided for a maternity leave of 12
weeks, allowing women to take time off from work before and after childbirth. The Act
required employers to provide monetary benefits during the maternity leave period. The
Act stipulated that women should not be subjected to any discriminatory treatment in
matters related to recruitment, conditions of work, or opportunities for promotion due to
pregnancy or maternity leave.

1976
The Equal Remuneration Act had been enacted by the year of 1976, which has played a
crucial role in addressing gender inequality in the workplace in India by mandating that
men and women should receive equal remuneration for the same work or work of
similar nature, eliminating gender-based wage disparities and promoting equality in
pay. It ensures that women have the same opportunities for career advancement and job
benefits as their male counterparts.

1993
The 1990s marked a significant shift as economic liberalization opened up new job
opportunities, including in industries traditionally dominated by men. Efforts were
made to increase women's participation in the workforce through initiatives such as
reservation policies for women in local government positions. In the year of 1993, India
ratified Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW). This convention is a comprehensive international bill of rights for women,
covering various aspects of gender equality, including employment and work-related
issues. It has led to the introduction of reservation quotas for women in local
government bodies, public sector employment, and educational institutions, providing
opportunities for women's representation and participation. This has also led to the
development of policies promoting equal opportunities, non-discrimination, and gender
mainstreaming in employment and labour practices.

1997
The Vishaka guidelines were a set of guidelines issued by the Supreme Court of India in
1997 in response to a public interest litigation filed by Bhanwari Devi, a social worker
who was subjected to sexual harassment. These guidelines aimed to address the issue of
sexual harassment in the workplace and provide a framework for preventing and
redressing such incidents. This required the employers to take proactive measures to
prevent harassment, including implementing policies, conducting awareness programs,
and establishing complaint mechanisms. The guidelines emphasized the need for setting
up an Internal Complaints Committee (ICC) at each workplace to handle complaints of
sexual harassment. The ICC was responsible for receiving, investigating, and resolving
complaints in a timely and fair manner.

2007
While not specific to gender inequality, the Convention on the Rights of Persons with
Disabilities (CRPD), which India ratified in 2007, includes provisions that address the
rights of women with disabilities in various spheres, including employment and work-
related issues.

2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act was enacted by the year of 2013 as a direct response to the Vishaka
guidelines. This Act provides a comprehensive legal framework for preventing and
addressing sexual harassment in the workplace. It encourages victims to come forward
and file complaints, assuring confidentiality and protection during the process. This
empowerment contributes to addressing gender inequality by providing avenues for
women to assert their rights and seek justice.

2017
The Maternity Benefit Act was amended in 2017 which in turn increased the duration of
maternity leave from 12 weeks to 26 weeks for women in certain establishments. It also
introduced provisions for work-from-home options for nursing mothers and mandatory
crèche facilities in organizations with a certain number of employees.

2020
The Code on Social Security, 2020 includes provisions for maternity benefits,
insurance, and retirement benefits for women workers.

Other than this, Indian Constitution contains provisions that promote gender equality
and prohibits discrimination in workplace. Article 16 ensures equal opportunity for all
citizens in matters of public employment. It prohibits discrimination on the grounds of
sex in matters of employment or appointment to any office under the State. Article 39(a)
directs the State to ensure that men and women have equal access to resources and
 opportunities, promoting gender equality. Article 42 focuses on ensuring just and
humane conditions of work and provides for maternity relief for women workers.

What more can be done?

It is important to note that legislation alone cannot bring about complete gender equality in workplace.
These laws should be supported by effective implementation, regular monitoring, and ongoing dialogue
between stakeholders.
 Public-private partnerships and sustained commitment from all sectors of society
 Introduce legislation that provides for paternity leave, encouraging shared responsibility for childcare
and promoting gender equality in parenting roles.
 Ensure strict penalties for offenders and provide comprehensive protection to victims. Expand the
coverage of the law to include all workplaces, including the informal sector.
 Introduce legislation requiring companies to disclose gender diversity data, including representation
at various levels, pay gaps, and policies related to gender equality. This promotes transparency and
allows for public scrutiny of gender equality efforts.

Conclusion:
It is to be noted that a fair amount of progress had been made throughout eras as the employers are
increasingly recognizing the importance of diversity and inclusion, implementing measures and following
the legislations passed to promote gender equality and equal opportunities for all. However, gender
inequality in the workplace still persists in India in certain forms. Dealing this issue requires collective
efforts, commitment, and sustained action from all stakeholders to create an equitable and inclusive work
environment, because after all

“Change is a process, and not an event”