Enhancing Workplace Safety for Women in India: A Guide to Legal Protections and Employer Responsibilities

Introduction:

Women’s safety at the workplace plays a critical role in creating a productive work environment. With the increased  participation of women in different sectors, protecting them from harassment, discrimination, and hazardous working conditions is necessary. Women’s safety at work has evolved from being completely disregarded to central focus through legal and corporate changes. It was only by the landmark judgment of Vishaka v. State of Rajasthan^[1] case in 1997, which exposed severe gaps in addressing sexual harassment at workplace.

The Supreme Court’s guidelines from this case laid down the foundation for Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“POSH Act”), providing a robust legal framework for women’s protection from sexual harassment at workplace. Additionally, the Equal Remuneration Act, 1976 and the Maternity Benefit Act, 1961 further strengthen women’s rights and fair treatment at work

Legal protection for women in the workplace:

1) Constitutional provisions:

The Constitution of India ensures gender equality and authorizes the state to implement measures of positive discrimination to address the socio-economic, educational, and political disadvantages faced by women. Fundamental Rights under the Constitution guarantee equality before the law, prohibits discrimination based on religion, race, caste, sex, or place of birth, and provide equal opportunity in employment.

Specifically, Article 14 and 15 of the Indian Constitution (“Constitution”) establish the principles of equality and non-discrimination; Article 15(3) of the Constitution permits positive discrimination in favour of women; Article 16 ensures equality of opportunity in public employment; and Articles 39(a), 39(d), and 42 of the Constitution directs state to make provisions on adequate means of livelihood for men and women, equal pay for equal work and maternity relief. 

2) Welfare provisions:

Indian labour laws provide comprehensive welfare measures for women workers across various sectors. Women workers are provided with comprehensive welfare measures by Indian labour laws in almost all types of industries. The Factories Act, 1948, ensures the provision of separate toilets, and crèches for women workers, which cater to the needs related to the health, hygiene, and childcare. Similar provisions are enshrined in the Building and Other Construction Workers Act, 1996, for improving the working conditions of women.

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 provides for industrial premises where more than a specified number of women are employed should maintain suitable rooms for the children under six years, of such female employees, and the rooms should be adequately ventilated, clean, and managed by trained women. Maternity Benefit (Amendment) Act, 2017 has increased the maternity leave period to 26 weeks and provides for crèches in establishments where more than 50 employees are employed. It has also made provisions for surrogate mothers.

3) Safety provisions:

The POSH Act, aims to protect women from sexual harassment at workplace. organizations employing more than ten employees have to form an Internal Committee for addressing harassment complaints confidentially and in an impartial manner.  In cases where complaints are against employers or in a workplace where less than ten employees are employed, district administrations are duty-bound to constitute Local Committee for extending better coverage and protection to women employees against sexual harassment.

Other than the POSH Act, there are provisions in Bharatiya Nyaya Sanhita, 2023 (“BNS”) that address remedies for women who have been victims of violence or harassment at the workplace. For example, Section 74 of the BNS, which entails assault or the use of criminal force on a woman with intent to outrage her modesty and Section 79 that deals with a word, gesture, or act intended to insult the modesty of a woman have all been applied in the context of protecting women from abuse.

In addition to these provisions, special safety measures for women workers under The Factories Act, 1948 such as prohibition on women from working near cotton openers, prohibition from performing tasks like cleaning or adjusting machinery in motion, and restricting weight lifting are provided. General safety measures are also provided for, which would be applicable to all workers, including fencing of machinery and safeguards against hazardous processes.

4) Provisions Relating to Wages:

The Equal Remuneration Act, 1976, enforces the principle of equal pay for equal work, eliminating gender-based wage discrimination.

5) Provisions Relating to Working conditions:

The state-specific Shops and Establishments Acts regulate working conditions in commercial establishments, including rest intervals and suitable working conditions for women employees. The Factories Act, 1948 has similar provisions for workers employed in factories. These provisions are designed to enhance the health, safety, and welfare standards of women workers, ensuring that their unique needs are addressed across various work environments.

In the leading case of Vasantha R v. Union of India [(2001) I ILLJ 843 Mad], the Madras High Court held that the provision of Section 66(1)(b) of the Factories Act, 1948 was unconstitutional for being violative of Articles 14, 15 and 16 of the Indian Constitution. Section 66 (1)(b), as a provision, restricts the services of women in factories between 6 a.m. and 7 p.m. The Court further made guidelines and welfare measures for female workers to be observed by the employer.

Employers’ Responsibility in Ensuring the Safety of Women in the Workplace:

Ensuring the safety of women in the workplace is a crucial responsibility for employers to sustain good ethical standards. Employers must try to implement comprehensive measures to create a safe, inclusive, and respectful work environment by conducting regular training sessions imperative for raising awareness among employees. These sessions may cover areas such as unconscious bias, gender sensitivity, etc

Additionally, employers may adopt policies regarding harassment, set out a reporting mechanism, ensure complaints, etc. Finally, soliciting and acting on feedback from women employees with regard to health and safety concerns ensures continuous improvement in providing a safe and inclusive workplace for women.

Conclusion

The concerned authorities should vigilantly enforce the laws and at the same time, employers should not only comply with legal requirements but also proactively prevent the female workers from being a victim to any kind of harassment. A safe, inclusive, and supportive work environment will allow businesses to empower women and enable their full potential to contribute towards the upliftment of the society and development of the economy.

[1] Vishaka and ors v State of Rajasthan and ors 1997 6 SCC 241

King Stubb & Kasiva,
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