In India, female professionals often face workplace discrimination and sexual harassment, with limited protective laws in place. However, the emergence of feminist jurisprudence is gradually bringing about positive changes. This article explores key legislations that are crucial for every working woman in India to be aware of.
What Is Feminist Jurisprudence?
Feminist jurisprudence is a field of study that critiques and analyzes law from a feminist perspective. It encompasses a wide range of issues, including gender discrimination, reproductive rights, domestic violence, and sexual harassment.
Feminist jurisprudence often challenges the assumption that the law is neutral and objective. Instead, it argues that the law is deeply embedded in patriarchal values and structures. As such, it can be used to perpetuate gender inequality.
In fact, this form jurisprudence is an important tool for working women in India as it helps them understand how the law can be used to challenge and change existing structures of inequality.
| Feminist jurisprudence has played a key role in shaping laws and policies related to gender equality. For instance, it was instrumental in the passage of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. This act protects women from sexual harassment at their workplaces. |
How Can Women Use Feminist Jurisprudence to Their Advantage in the Workplace?
In the workplace, women can leverage feminist jurisprudence to understand and assert their rights against discrimination, challenge sexist organizational policies, and support initiatives promoting gender equality. It serves as a crucial tool for working women to ensure fair treatment and respect for their rights.
Laws Protecting Women in India
In India, various legal provisions safeguard the rights of women in the workplace. The Constitution ensures gender equality, a principle interpreted by the Supreme Court to encompass protection against discrimination and sexual harassment.
The Indian Penal Code contains specific sections, such as 354A addressing sexual harassment and 375 defining rape with corresponding penalties. Additionally, labor laws contribute to women’s protection, with the Equal Remuneration Act prohibiting wage discrimination and the Maternity Benefit Act granting paid leave to expectant and new mothers. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act specifically addresses workplace harassment and outlines procedures for handling complaints.
These laws collectively aim to create a safer and more equitable work environment for women in India, and awareness of these rights empowers women to assert themselves when necessary.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a groundbreaking law that protects women against sexual harassment at workplace. The Act defines sexual harassment as any unwelcome physical, verbal or non-verbal conduct of a sexual nature that creates an intimidating, offensive or hostile working environment for women. It covers all workplaces, whether public or private, including offices, factories, shops, hospitals and educational institutions.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act places specific obligations on employers to prevent and address instances of sexual harassment in the workplace. For instance, employers must establish a secure working environment for women and promptly address sexual harassment complaints. Displaying a noticeboard outlining the complaint filing procedure under the Act is also mandatory.
The Complaints Committee formed under the Act must comprise at least 50% women members, with a woman heading the committee. This committee holds the authority to investigate sexual harassment complaints and recommend appropriate actions to the employer.
Victims of sexual harassment can lodge complaints directly with the Complaints Committee or through their employer. In cases involving criminal offences like rape, assault, or stalking, victims have the option to approach the police.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 marks a crucial step in promoting gender equality and safeguarding women’s rights in the workplace. It is essential for all working women to be aware of their rights under this legislation.
The Maternity Benefit Act, 1961
The Maternity Benefit Act, 1961 is an Indian labour law that provides for paid maternity leave to women employees. The act applies to all establishments employing 10 or more workers. The act covers all women employed in such establishments, including daily wagers, ad hoc workers and those employed on contract.
The act entitles pregnant women employees who are new mothers to take six months or 26 weeks of paid leave for their first two children. The woman employee is also entitled to leave in case of illness arising out of pregnancy or delivery.
The act also contains provisions for creches at or near the workplace and for nursing breaks during working hours and prohibits discrimination against women employees on the grounds of pregnancy or maternity and lays down penalties for contravention of its provisions.
The Equal Remuneration Act of 1976, a legislation enacted by the Parliament of India, aims to prevent gender-based discrimination in the payment of wages and remuneration. Applicable to establishments with five or more employees, the Act prohibits employers from paying different wages to employees of different genders performing work of equal value. Originating from recommendations at the Second International Conference on Women in Mexico City in 1975, the Act aligns with India’s constitutional principles established in 1950, emphasizing equal pay for equal work for both men and women.
| The Constitution, through Article 39(d), directs the state to eliminate discrimination based on sex in employment matters, while Article 14 guarantees equality before the law and equal protection, irrespective of gender. Despite these constitutional provisions, the effective implementation was lacking, leading to women being paid less than men for similar work. |
The Equal Remuneration Act has emerged as a crucial legislation, addressing the need to prevent wage and salary discrimination against women. Amendments to the Act, including the latest in 2019, have further strengthened its provisions to ensure greater efficacy and stringency.
The Indecent Representation of Women (Prohibition) Act, 1986
The Indecent Representation of Women (Prohibition) Act, 1986 is a law in India that prohibits the indecent representation of women through advertisement or media. The act was created to protect women’s dignity and to prevent them from being objectified and exploited.
The Act defines ‘indecent representation of women’ as any depiction of a woman in a manner that is seen to cause sexual excitement or condone or encourage violence against women. It includes any depiction of a woman’s body parts in a sexually suggestive manner or any portrayal of a woman engaged in sexual activity.
The Act also prohibits the production, publication, sale, distribution, exhibition, and broadcast of indecent representations of women. It also requires that all forms of media comply with the standards set by the act.
| The Indecent Representation of Women (Prohibition) Act has been criticized for its vague definition of ‘indecent representation’ and for its failure to address other forms of gender-based violence. However, it remains an important law that protects women’s dignity and safety. |
The Dowry Prohibition Act, 1961
The Dowry Prohibition Act of 1961, an enactment by the Parliament of India, forbids the exchange of dowry. Aimed at curbing the cultural practice of dowry in the country, the act criminalizes both the giving and taking of dowry. Dowry, as defined by the act, includes any property or valuable security provided directly or indirectly from one party to a marriage to the other, applying to all Indian citizens irrespective of religion, caste, or creed.
Certain exceptions are outlined in the act, such as gifts during births, marriages, or engagements, along with presents from relatives or friends during festivals, which are exempt. Violating the act can lead to penalties, including imprisonment for up to five years and/or a fine of up to ₹15,000.
While the Dowry Prohibition Act was established to combat the practice of dowry, its effectiveness has been limited. Some families clandestinely give dowry, revealing it only after the marriage. Additionally, instances of false accusations for extortion have been reported. Despite its shortcomings, the Dowry Prohibition Act represents a significant stride towards promoting gender equality in India.
The Different Types of Feminist Jurisprudence
Feminist jurisprudence encompasses diverse legal theories and approaches aimed at achieving women’s equality within the legal system. It is not a singular theory but rather a collection of feminist perspectives on law and legal reasoning, with key objectives including challenging male-centric legal approaches, critiquing discriminatory aspects of the law against women, and advocating for gender equality.
Within feminist jurisprudence, there are various types, with the most common being liberal feminism, radical feminism, and socialist feminism.
Liberal Feminism emphasizes equal treatment of men and women under the law, targeting changes in discriminatory laws and policies while striving for equal access to opportunities like education and employment.
Radical Feminism takes a more critical stance, challenging not only discriminatory laws but also questioning the foundational aspects of the legal system, viewed as patriarchal and oppressive. Radical feminists advocate for a comprehensive societal restructuring towards greater egalitarianism.
Conclusion
In conclusion, feminist jurisprudence is vital for establishing equal rights and protections for working women in India. Being familiar with applicable laws ensures fair treatment at work. If facing discrimination or harassment, seeking guidance from a lawyer specializing in feminist jurisprudence can be valuable.
If you think you may have been the victim of discrimination or harassment at work, don’t hesitate to reach out to a lawyer from Vakilsearch who specializes in feminist jurisprudence for assitance!
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