Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
education;
(h) Access to educational
information to ensure the
well-being of families,
including information and
advice on family planning.
Article 113 :
Employment:
44
of work in an establishment the wage rates, holidays, hours of work
and other conditions of service need to be the same.15
b) S.16: Provides that the contractor has to provide certain facilities
to workmen like equal pay for equal work irrespective of sex.16
4.
Equal Remuneration Act (ERA), 1976 :
a)
S. 4: Provides for equal pay for equal work.17 (Supra: Chapter 1)
5.
The Plantations Labour Act, 1951:
a) S. 12: Provides for the facility of a crèche in every plantation with
fifty women workers or more.18
1. The States parties
shall take all measures to
eliminate discrimination
and ensure equality of men
and women in the field of
employment in particular:
b) S. 15: Every employer under this Act has to provide suitable
accommodation to workers and their family.19
(a) the right to work is an
inalienable right of all human
beings;
(b) the right to the same
employment opportunities;
•
It guarantees livelihood security in rural areas by giving 100 days
of wage employment on demand to every household. While the
nodal Ministry concerning the MGNREGA is the Ministry of Rural
Development, however, the ground level execution of the Scheme is
undertaken by the Gram Panchayats.
(c) the right to free choice of
profession and employment;
equal right to promotion and
job security and the right to
•
This law is particularly important for women workers as
it reserves at least one-third of workdays for women; creating
opportunities for unskilled manual labour; mandating that work be
provided locally, and stipulating the provision of on-site child care for
c)
S. 32: Provides for maternity benefits like allowance.20
6. Mahatma Gandhi National Rural Employment Guarantee Act
(2005) (MGNREGA)
Convention on the Elimination of All Forms of Discrimination Against Women
Gaps in the
implementation of
CEDAW in India (G)
and its corresponding
recommendations (R)
girls.
G4: Despite there being
laws ensuring labour
welfare and social
security to workers, a
large number of workers
remain outside the
purview of these laws
which mainly cover the
workers in the organised
sector. Nearly 94% of the
women workers are in the
unorganised sector like
brick kilns, construction
and agricultural work,
as such they do not get
benefit of these laws.
[CEDAW A. 11(1)(d) & (e)]
R4: The labour welfare
and social security
including payment of
equal wages to workers
should be ensured and
measures should be taken
to include the unorganised
sector in legislations