Women At Work — Legal Rights In India

The role of women in India’s workforce has undergone a significant transformation over the decades. In recognition of the unique challenges women face in professional environments, Indian lawmakers have enacted a series of labour laws designed to safeguard their rights and foster a more inclusive workplace. These provisions, which encompass critical issues such as workplace harassment, maternity benefits, and pay equity, underscore India’s steadfast commitment to advancing gender equality and ensuring the full participation of women in the workforce.

Companies are also increasingly embracing progressive policies that extend beyond legal mandates to truly support their workforce. A standout development is the introduction of paid menstrual leave, a step toward acknowledging the health needs of women employees. At the same time, organisations are beginning to implement policies that address the evolving personal circumstances of their employees and the need for flexible work schedules.

Set out below are some of the key laws around women’s workplace rights in India.

The POSH Act is a landmark legislation aimed at ensuring the protection of women from sexual harassment at the workplace. It mandates that every employer must implement an anti-sexual harassment policy, regardless of the size of the establishment. Workplaces with 10 or more employees are required to constitute an Internal Committee (IC) to address complaints under the Act. Employers must conduct regular training and awareness programs to sensitise employees and members of the IC. The POSH Act also intersects with the Indian Penal Code, which criminalises offenses such as outraging a woman's modesty, stalking, and voyeurism. Together, these provisions provide robust mechanisms for the prevention and redressal of workplace harassment.

The MB Act underscores the importance of protecting and supporting women during and after pregnancy. Key provisions include paid maternity leave of 26 weeks for women with less than two surviving children, and 12 weeks for women with two or more surviving children. It also includes adoption leave and surrogacy leave of 12 weeks, leave for miscarriage or medical termination of pregnancy, and additional leave for illness arising out of pregnancy. Employers with 50 or more employees are required to provide mandatory crèche facilities within proximity to the workplace. Furthermore, the law protects women against dismissal or disadvantageous changes in service conditions during maternity leave. This law has been pivotal in supporting working mothers and ensuring their seamless reintegration into the workforce. The Employees' State Insurance Act, 1948, also offers a range of benefits to insured female employees, including medical care, sickness allowances, maternity support, and benefits for disability.

The ER Act mandates equal pay for equal work for men and women and prohibits discrimination in recruitment, promotions, and transfers. By addressing wage disparities and bias in employment opportunities, the ER Act promotes gender equity in compensation practices.

Promoting women’s representation in corporate governance, the Companies Act, 2013, require every listed company and certain public companies to appoint at least one-woman director on their boards. Additionally, Securities and Exchange Board of India (Listing Obligation Disclosure Requirements), Regulations 2015 (“SEBI LODR”), top 1,000 listed companies (by market capitalisation) are required to appoint an independent woman director, ensuring leadership opportunities and greater inclusivity. Recently, by way of an amendment to the SEBI LODR, listed companies ranked between 1,001 and 2,000 (by market capitalisation) have been recommended to endeavour to appoint an independent woman director, on voluntary basis.

While these laws and regulations provide a robust framework for safeguarding women’s rights, their true potential can only be realised through effective implementation and societal shifts. The extended maternity leave under the MB Act is a laudable step, but the introduction of parental leave would distribute caregiving responsibilities more equitably and challenge traditional gender roles. Similarly, although the ER Act sets a legal standard for pay equity, more rigorous enforcement and a culture of transparency are needed to bridge the persistent wage gap.

The requirement for women directors under the Companies Act, 2013 is a positive move toward gender diversity in corporate governance. However, stricter monitoring and penalties for non-compliance could ensure broader adoption.

In conclusion, while the legal frameworks represent a significant stride toward gender equality, they are not without limitations. A concerted effort from policymakers, employers, and society at large is needed to build on these foundations. By addressing gaps in enforcement and evolving the legislative landscape, India can create workplaces that not only protect but empower women, fostering an environment where gender equality is not just an ideal but a lived reality.