WOMEN AN INDISPENSABLE ASSET TO THE FAMILY

THIS ARTICLE WAS WRITTEN BY ISHAA AJAY, A STUDENT AT SASTRA UNIVERSITY.

Women have experienced a crucial situation of inequality in the social as well as professional aspects. Earlier women were subjected to undertake only household chores, take care of children as well as the rest of the family while man being the head of the family, undertakes the job to ensure a steady income. However, this historic condition has changed and today’s women have become more self-sufficient and independent from the predominant male figure within every family. Though gender inequality in the workplace is becoming less common, it is still prevalent in certain places and affects both men as well as women. Although society has categorised jobs that are suitable for men and those for women in two different dimensions, women have been successful in breaking down the barriers and stereotypes that impede them from doing jobs that are categorised only for men. The problem of gender inequality still persists despite the numerous strides, movements towards equality for the past fifty years. Though companies strive efforts to encourage equality nothing of that changes the one simple fact that women in the majority of the workplace still occupy the lesser position and lower income than their male counterparts.

CONSTITUTIONAL PROVISIONS

The Constitution provides for the equality of men and women, as a fundamental part of its human rights approach and ensures gender justice in the present time. Article 14, 15 and 16 of the Indian

Constitution deals with equality and discrimination before the law.

Article 14[1] : Equality before the law

Under the article, the state of India is barred from denying any person equal rights before the law or equal protection before the law with regards to the prohibition of discrimination on the basis of religion, race, caste, sex or place of birth.

Thus this article provides equality before which is a British concept but also provided equal protection of the law which is an American concept.

Article 15[2] : Prohibition of discrimination

• The article prevents the state from discriminating against any individual solely on the basis of religion, race, caste, sex, and place of birth or any of them.
• Also, no citizen is allowed to be subjected to any disability, liability, restriction or condition with regard to :

(a)  Entree to shops, public restaurants, hotels and palaces of public entertainment; or

 (b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

Thus Article 15(1)unambiguously prohibits any kind of discrimination against women on the basis of sex, caste, etc. and Article 15(3) makes special provision for the women in order to protect the women and elevate them from such discrimination.

Article 16[3]reads as follows: Equality of opportunity in matters of public employment

This article prohibits any citizen to be on the ground of religion, race, caste, sex, descent, and place of birth or any of them from being discriminated for any employment under the State. Thus there will be an ample amount of equality of opportunity for all citizens of India in the matter regarding employment or appointment in any office under the State.

In one of the most prominent cases, the Supreme Court observed that equality in employment can be impaired when women are subjected to gender violence such as sexual harassment[4] in the workplace which resulted formulating guidelines for employers which are popularly known as the Vishaka Guidelines[5].

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013: Is a legislative act in India that seeks to protect women from sexual harassment at their place of work. The Act came into power on 9 December 2013. This actout-dated the Vishakha.This act was formulated to provide protection to women at the workplace and for the prevention and redressal of complaints of sexual harassment.

EQUAL REMUNERATION ACT, 1976: Under this act, It is the duty of the employer to pay equal remuneration to men and women workers for the same work or work of a similar nature. Also, Article 39 of the Indian Constitution foresees that the state shall direct its policy towards safeguarding that there is equal pay for equal work for both men and women. Thus employers are prohibited from discriminating against women from any promotion, transfer, and training except in the case where such employment is prohibited under any law[6].

TYPES OF GENDER INEQUALITIES

Gender Inequality in Freedom Expre­ssion

Women are not only subjected to unequal pay but also in terms of freedom of expression. They lack not only freedom at home because of the absenteeism of autonomy in household choices, and the poor wages earned but also lack any freedom in airing opinions over the education of children. Also in most of the government-based organisations, the sole power of autonomy rests in the hands of the male. India, however, is fortunate enough to have fifty percent of seats reserved for women.

Gender Inequality in respect of Violence

Women have been a constant victim of violence as a result of gender inequality.  She has faced myriad forms of physical, mental, sexual exploitations by the fathers, husband, and son. Women all over the world have been facing atrocities of various kinds whether it is the home or workplace. Our social system is such that men have been treated as a demigod. Their birth was celebrated whereas the birth of a girl child was considered to be a sham. She was thus subjected to a step motherly treatment. Also, dowry death is considered the most serious form of domestic violence Sexual violence is an obnoxious form of human rights violation.

Inequality in relation to Employment

Historically, men have greater participation in employment outside the home as compared to women. Whereas women share unequal participation in household works. As women tend to do household chores more, they work in a very narrow range of occupations such as textile, clothing, food, and beverages. In addition to this, they are also found to be working in small-scale industries. Thus they are ghettoized into the low paying groups as compared to their counterparts.

CONCLUSION

The Supreme Court has observed that sustenance of gender justice is the cultivated achievement of intrinsic human rights and that there cannot be any discrimination solely on the ground of gender[7]. Also, it is found that gender equality and the dignity of women, were non-negotiable. These rights were necessary, not only to realize the aspirations of every individual woman, who is an equal citizen of this country but also, for the larger well-being of society and the progress of the nation, one half of which is made up by women. It was submitted, that women deserved to be equal participants in the development and advancement of the world’s largest democracy. Thus any practice which denudes the status of an inhabitant of India, merely by virtue of the religion he/she happens to profess, must be considered as an impediment to that larger goal because women are the future of a generation of our county. No wonder men are referred to as the head of the family and women as the neck.

[1] INDIA CONST. art. 14.

[2] INDIA CONST. art. 15.

[3] INDIAN CONST. art 16.

[4]Vishaka v. State of Rajasthan,A.I.R. 1997 S.C. 3011.

[5]http://www.nitc.ac.in/app/webroot/img/upload/546896605.pdf

[6]AmitkumarBavishi, An Outline of EQUAL REMUNERATION ACT, 1976, TAXGURU (June 18 2015), https://taxguru.in/corporate-law/outline-equal-remuneration-act-1976.html.

[7]CharuKhurana Vs Union of India, 2014 (12) SCALE 701.