PROJECT

ECONOMICS LAW, POVERTY DEVELOPMENT

On

LABOUR LAWS FOR WOMEN AGRICULTURAL LABOUR IN CHHATTISGARH DURING

LOCKDOWN
 TABLE OF CONTENTS

S No. Particulars Page No.

1. Declaration of Originality i

2. Certificate ii

3. Acknowledgement iii

4. Introduction 1- 10

5. Research Methodology

Problem of the Study

Rationale of the Study

Objectives of the Study

Review of Literature
Concept and Variables
Hypothesis

Research Design- Nature of Study, Sources of

Study

Chapterization of the Study

Time Duration of the Study
Limitations of the Study
Contribution of the Study
6. Chapterization

Chapter - 1
Chapter - 2
Chapter - 3
Chapter - 4
7. Major Findings, Conclusion and Suggestions

8. Bibliography
INTRODUCTION
 Agriculture, with its allied sectors, is unquestionably the
largest livelihood provider in India, more so in the vast rural areas. It also contributes a
significant figure to the Gross Domestic Product (GDP). India is a global agricultural
powerhouse. It is the world’s largest producer of milk, pulses, and spices, and has the world’s
largest cattle herd (buffaloes), as well as the largest area under wheat, rice and cotton. It is the
second largest producer of rice, wheat, cotton, sugarcane, farmed fish, sheep & goat meat, fruit,
vegetables and tea. Agriculture, with its allied sectors, is unquestionably the largest livelihood
provider in India, more so in the vast rural areas. It also contributes a significant figure to the
Gross Domestic Product (GDP).
Sustainable agriculture, in terms of food security, rural employment, and environmentally
sustainable technologies such as soil conservation, sustainable natural resource management and
biodiversity protection, are essential for holistic rural development. Indian agriculture and allied
activities have witnessed a green revolution, a white revolution, a yellow revolution and a blue
revolution1. India's agriculture is composed of many crops, with the foremost food staples being
rice and wheat. Indian farmers also grow pulses, potatoes, sugarcane, oilseeds, and such non-
food items as cotton, tea, coffee, rubber, and jute (a glossy fiber used to make burlap and twine).
Agricultural productivity depends on several factors.  These include the availability and quality
of agricultural inputs such as land, water, seeds and fertilizers, access to agricultural credit and
crop insurance, assurance of remunerative prices for agricultural produce, and storage and
marketing infrastructure, among others. 

In India, Women play a significant and crucial role in agricultural development and allied fields.
The nature and extent of women's involvement in agriculture varies greatly from region to
region. But regardless of these variations, women are actively involved in various agricultural
activities. As per Census 2011, out of total female main workers, 55 per cent were agricultural
laborer’s and 24 per cent were cultivators. However, only 12.8 per cent of the operational
holdings were owned by women, which reflect the gender disparity in ownership of landholdings
in agriculture. Moreover, there is concentration of operational holdings (25.7 per cent) by women
in the marginal and small holdings categories. Rural women work in farm, handles her

1
Agriculture, National portal of India, India Government.
https://www.india.gov.in/topics/agriculture.
responsibilities and also does her household activities. Among the household activities the
primary job is of taking care of livestock or poultry farm. Livestock & poultry not only feeds her
family but also allows her to earn that extra income. Rural women single handedly performs the
back-breaking activity of cattle management in most parts of the country. Cattle management
involves cleaning of the shed & animals, watering the cattle, milking, fodder collection, making
of farm manure etc. Women play a dominant role in livestock production and poultry. With the
increase in rural men migrating to cities for better opportunities, women silently adorn many
roles in the agriculture sector - from homemaker to laborer to cultivator and even entrepreneur,
roles of rural women is changing very rapidly in Bharat. Women have started to predominate
every level of agriculture and its value chain2.

RESEARCH METHODOLOGY

2
Varsha Mohan, Women- The unsung warriors of Indian agriculture, Dhanuka Agritech limited, Feb 10, 2020.
https://www.dhanuka.com/blogs/women-the-unsung-warriors-of-indian-agriculture.
The study has been carried out with the help of secondary data available in the internet. The
information regarding the topic has been taken from the internet while the information and data
of Labour law reforms and other relevant legal points have been taken from the official site of
Ministry of labour & employment and the various data about agriculture has been taken from the
site of Agriculture- National portal of India and various other sites.

The data has been analyzed after collaborating various sources of data to come to a fruitful
conclusion with regard to the topic chosen.

OBJECTIVES OF STUDY

This study seeks to achieve the following objectives:

1. To study and understand the provisions of labour laws for Women.
2. To see what changes have been made in the agricultural units from past few months since the
Nation-wide lockdown.
3. To study about the Agriculture and allied sector in Chhattisgarh.

RESEARCH DESIGN:

NATURE OF STUDY

The research project is descriptive and analytical in nature

SOURCES OF THE STUDY-

The research has been done taking the help of secondary sources. Such as e-articles, websites,
articles and journals available on the internet.

SOURCES OF DATA COLLECTION

This project work is largely based on the analysis of various articles and journals written on the
impact on agriculture and overall economy because of COVID-19.

 Secondary sources of data have been used in this study through:

 Internet

 Articles

METHOD OF DATA COLLECTION

As the researcher has already mentioned that she has used secondary sources of data. The
secondary data are readily available from the other sources and as such there are no specific
collection method.
As the researcher can obtain data from both the external and internal sources here the researcher
has used external sources like internet where wide knowledge about different areas are easily
available.

CHAPTERIZATION AT A GLANCE

CHAPTER 1- Labour laws for Women in India.

CHAPTER 2- Agriculture and allied sector in Chhattisgarh.
CHAPTER 3- Facilitating migrant workers and agricultural labours during lockdown.

SCOPE AND LIMITATION OF THE STUDY

The scope and limitation of the project is up to the various provisions of labour laws for women
and the agricultural distribution in Chhattisgarh and COVID-19 impact on agricultural Economy.
 CHAPTER 1- LABOUR LAWS FOR WOMAN IN INDIA

Women form an integral part of the Indian workforce. According to the information provided by
the office of Registrar General & Census Commissioner of India, as per Census 2011, the total
number of female workers in India is 149.8 million and female workers in rural and urban areas
are 121.8 and 28.0 million respectively. Out of total 149.8 million female workers, 35.9 million
females are working as cultivators and another 61.5 million are agricultural laborers. Of the
remaining females’ workers, 8.5 million are in household Industry and 43.7 million are classified
as other workers.

As per Census 2011, the work participation rate for women is 25.51 percent as compared to
25.63 per cent in 2001. The Work Participation Rate of Women has reduced marginally in 2011
but there is an improvement from 22.27 per cent in 1991 and 19.67 per cent in 1981. The work
participation rate for women in rural areas is 30.02 per cent as compared to 15.44 per cent in the
urban areas.

In so far as the organised sector is concerned, in March, 2011 women workers constituted 20.5
percent of total employment in organised sector in the country which is higher by 0.1 percent as
compared to the preceding year. As per the last Employment Review by Directorate General of
Employment & Training (DGE&T), on 31st March, 2011, about 59.54 lakh women workers
were employed in the organised sector (Public and Private Sector). Of this, nearly 32.14 lakh
women were employed in community, social and personal service sector.

List of protective provisions for women employees/ labours:

Some of the important protective provisions for safeguarding the interests of working women
are:

Safety/Health Measures

 Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to
clean, lubricate or adjust any part of a prime mover or of any transmission machinery
 while the prime mover or transmission machinery is in motion, or to clean, lubricate or
adjust any part of any machine if the cleaning, lubrication or adjustment thereof would
expose the woman to risk of injury from any moving part either of that machine or of any
adjacent machinery.

 Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a
factory for pressing cotton in which a cotton opener is at work.

Minimum Wages Act, 1948

 Women must get wages because every person who works must be paid for his or her
work.

 A person must be paid at least a minimum wage which is fixed by the government under
the Minimum Wages Act, 1948.

 Every woman must be paid the same wage as a man for the same kind of work i.e., equal
to the man and not less.

 Women workers must be given to the person who work on temporary basis, piece rate
basis, daily wages, who works for a contractor or who works in agriculture.

 Even if a person agrees to work on less wages then prescribed by the government, the
employer is bound to pay the minimum wages.

 Minimum wages must be fixed on:

o Daily basis,

o Hourly basis and

o Monthly basis.

Prohibition of Night Work

 Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or
allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

 Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966
stipulates that no woman shall be required or allowed to work in any industrial premise
except between 6 a.m. and 7 p.m.
  Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine
above ground except between the hours of 6 a.m. and 7 p.m.

Prohibition of Sub-terrain Work

 Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any part of a
mine which is below ground.

Maternity Benefit

 The Maternity Benefit Act, 1961 regulates the employment of women in certain
establishments for certain periods before and after child-birth and provides maternity
benefits. The Building and Other Constructions (Regulation of Employment and
Conditions of Service) Act, 1996 provides for maternity benefit to female beneficiaries of
the Welfare Fund.

Provisions for Separate Latrines and Urinals

Provision for separate latrines and urinals for female workers exist under the following:

 Rule 53 of the Contract Labour (Regulation and Abolition) Act, 1970.

 Section 19 of the Factories Act, 1948.

 Rule 42 of the Inter State Migrant Workmen (RECS) Central Rules, 1980.

 Section 20 of the Mines Act, 1952.

 Section 9 of the Plantations Labour Act, 1951.

Provisions for Separate Washing Facilities

Provision for separate washing facilities for female workers exists under the following:

 Section 57 of the Contract Labour (Regulation and Abolition) Act, 1970.

 Section 42 of the Factories Act.

 Section 43 of the Inter-State Migrant Workmen (RECS) Act, 1979.

The Factories Act, 1948

 In India, The Factories Act, 1881 was primarily passed to protect children and to provide
for a few measures for the health and safety of workers.

 The subsequent act and finally the Act of 1948 aim to consolidate and amend the law and
regulate labour in factories.

 This Act is complete from all points of view and implements several provisions of
International Conventions like the ILO’S code of Industrial Hygiene and Periodical
Examination of Young Persons.

 The major objectives of the Factories Act are-

 To protect laborers from long hours of work.

 Maintain healthy and sanitary conditions at the workplace.

 Maintain safety of workers.

 Maintain Industrial machines used by people so as to avoid unnecessary

accidents.

 Regular visit of Industrial sites by Industrial Inspectors to oversee health and

safety regulations.

 Executive provisions have been made for employment of women in factories.

 Welfare

 Adequate facilities for washing, sitting, storing clothes when not worn during
working hours.

 If a worker has to work in standing position, sitting arrangement to take short

rests should be provided.

 Adequate First aid boxes should be provided and maintained.

 Facilities in case of large factories:

 Creches are to be provided if 30 or more women workers are employed.

 Safety measures.
  Working hours.

 Overtime wages:

 Overtime wages are double the rate of wages payable.

 Overtime should not exceed 60 hours in a week and total overtime hours in a
quarter should not exceed 50. Register of overtime should be maintained.

Rights of Working Women in Factories

 Women must have separate toilets and washrooms with doors.

 If a factory has more than 30 women workers the employer must provide a creche for the
workers children.

 Women cannot be made to lift more than the prescribed weight.

 Women cannot be made to clean or oil any moving machine.

 Women cannot be made to work more than 48 hours in a week.

 Women must get one day off in a week.

 Women cannot be made to work for more than 5 hours at a stretch.

 Women cannot be made to work only between 6 in the morning and 7 in the evening.

 State government can grant exemption to nay factory or group or class of factories, but no
woman can be permitted to work during 10 PM to 5 AM.

 Shift can change only after weekly or another holiday and not in between.

 Night shift for women

 Factories Act has been proposed to be amended to allow night shift for women
workers.

 The government has decided to amend section 66 of the Factories Act, 1948 to
allow employment of women workers between 7:00 pm and 6:00 am.

 The employer has to ensure occupational safety and adequate protection to the
women workers.
  For contravention of the provisions of the Act or Rules- imprisonment up to 2
years or fine up to Rs. 1,00,000 or both.

 Contravention causing death or serious bodily injury- fine not less than Rs. 25,000
in case of death and not less than Rs. 5000 in case of serious injuries.

 Continuation of Contravention – imprisonment up to 3 years or fine not less than

Rs. 10,000 which may extend to Rs. 2, 00,000.

 On contravention of chapter IV pertaining to safety or dangerous operation.

 Factories Act works with a primary object to protect workers employed in the
factories against industrial and occupational hazards.

 For that purpose, it seeks to impose upon the owners or the occupier’s certain
obligations to protect works unwary as well as negligent and to secure for them,
employment in conditions conductive to their health and safety from accidents3.

Provision for Crèches

Provision for crèches exists under the following:

 Section 48 of the Factories Act, 1948.

 Section 44 of the Inter State Migrant Workmen (RECS) Act, 1979.

 Section 12 of the Plantations Labour Act, 1951.

 Section 14 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

 Section 35 of the Building and other Constructions (Regulation of Employment and

Conditions of Service) Act, 19964.

3
Laws relating to working women, Vikaspedia.
https://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/legal-awareness-for-
women/laws-relating-to-working-women
4
About Women Labour, Ministry of Labour and employment, Government of India.
https://labour.gov.in/womenlabour/about-women-labour#:~:text=Section%2066(1)(b,6%20a.m.%20and
%207%20p.m.
 CHAPTER 2 – Agriculture and Allied sector in Chhattisgarh.

According to the Chhattisgarh state center for climate change- Eighty percent of Chhattisgarh’s
population is dependent on agriculture for its livelihood and 43 percent of the entire arable land
is under cultivation5. Paddy is the principal crop and the central plains of Chhattisgarh are known
as rice bowl of central India. Other major crops are coarse grains, wheat, maize, groundnut,
pulses and oilseeds. The region is also suitable for growing mango, banana, guava & other
fruits and a variety of vegetables   with 44 percent of its area under forests it has one of
the richest bio-diversity areas in the country. It has abundant minor forest produce like Tendu
leaves, Sal seed, etc. Medicinal plants, bamboo, lac and honey are other potential money earners
for the state. Chhattisgarh has embarked on a concerted plan to increase double cropped areas,
diversify the cropping pattern and improve incomes from agro-based small-scale enterprises. In
order to unlock the true potential of agriculture sector in the state, government is paying special
attention towards better management of its water resources. To reduce the farmers dependence
on rainfall, government is working towards increasing the irrigation potential of the state. 

Currently approximately 28 percent of the area is irrigated from various sources-of this, the
largest extent of irrigated land – 66 percent is fed by irrigation reservoirs/canals. Approximately
55 percent of the state’s cultivable land has low capacity for water retention and hence it Is not
feasible to take a second crop without irrigation facilities. Agriculture in Chhattisgarh is
characterized by low incomes, low productivity, and high dependence on rains, large number of
small-marginal farmers, low investments, and mono cropping. Only a third of the State’s
geographical area is sown and just seven percent is under double crop.

5
Agriculture and Allied Sector, Chhattisgarh state center for climate change.
http://cgclimatechange.com/agriculture-and-allied-sectors/#
The difficulties of the Agricultural labors and migrant labour has escalated swiftly because of the
Nationwide lockdown. But the Chhattisgarh Government has come up with a plan to cope up
with the ongoing crises. The Bhupesh Baghel government is working on a comprehensive
employment plan in Chhattisgarh to provide permanent jobs to about 7 lakhs migrant labourers
who have returned to the state during the nationwide Covid-19 lockdown as well as to
agricultural labours.
Under this plan, the government will carry out a skill mapping exercise, provide them suitable
jobs in its labour-intensive state departments, hold recruitment rallies after the monsoon, sign
agreements with central public sector units for jobs outside the state, and amend labour laws,
said officials in the Chhattisgarh labour department.
The skill mapping exercise has already begun, collecting data of 2.5 lakh workers who have
returned from outside during the lockdown and have either completed the quarantine or will do
so soon, said the officials.
The government will also soon sign memoranda of understanding (MoUs) with central public
sector undertakings (PSUs) like the Border Roads Organization (BRO) and the NBCC (India)
Ltd.
It is also looking to amend labour laws and the Migrant Workers Act, 1979 to provide maximum
employment opportunities to the local workers in the state’s own departments, agencies, non-
government businesses and industries6.

6
Prithiviraj singh, Skill mapping, MoUs, changes in labour laws, - how Chhattisgarh plans to employ 7 Lakh
migrants, The Print, Jul 13, 2020.
https://theprint.in/india/governance/skill-mapping-mous-changes-in-labour-laws-how-chhattisgarh-plans-to-
employ-7-lakh-migrants/459686/
CHAPTER 3- Facilitating migrant labourers and agricultural labours during lockdown.

Chhattisgarh is the top-ranking state of the country in terms of providing facilities to the migrant
labourers, revealed the survey report of Interferential Survey Statistics and Research Foundation
(ISSRF). It is noteworthy that on Chief Minister Bhupesh Baghel's initiative, quick initiatives
were taken to provide various kinds of facilities to migrant labourers and many decisions were
taken in interest of labourers. Interferential Survey Statistics and Research Foundation conducted
survey in six major states with migrant labourers including Chhattisgarh, Bihar, Jharkhand,
Odisha, Uttar Pradesh and West Bengal, based on the livelihood, education, health and other
basic facilities provided to the migrant labourers during lockdown. 100% of the migrant
labourers were provided quarantine facility, 97.8% of the migrant labourers were provided ration
free of cost/concessional rates as per their eligibility. Likewise, labourer families were provided
LPG connection, financial aid, employment under MNREGA, agricultural loans and other
facilities during lockdown. Chhattisgarh holds top rank in the country in terms of providing free
LPG connection to the labourers. This survey was conducted in 99-gram panchayats of Bilaspur,
Dantewada, Jashpur, Mahasamund and Rajnandgaon between June 30 to July 28. This includes
28-gram panchayats of Bilaspur district, 15-gram panchayats of Dantewada, 20-gram panchayats
of Jashpur districts, 19-gram panchayats of Mahasamund district and 17-gram panchayats of
Rajnandgaon district. migrant labourers were included under the survey. According to the
survey, migrants of Chhattisgarh can be categorized into two categories, first being the non-
agricultural labourer/helper which constitutes 52.98% skilled migrants, and second being the
labourers skilled in ironwork, welding and fabrication which constitutes the 40.43%.
Chhattisgarh contributed more than one-third of the labourers with these two skills. This survey
was conducted by ISSRF on migrant workers in 34 districts of Chhattisgarh, Bihar, Jharkhand,
Odisha and West Bengal, with an aim to study the impact of reverse migration on their
livelihood during lockdown. The women in the state made up for 50.75 per cent of the
workforce during the first four months of the current financial year of 2020-21. According to
the official record, over 24.28 lakh women secured the jobs as safety nets during the different
phases of lockdown. “Owing to the overall slowdown in the economic activities across the
nation besides challenges owing to Covid-19 pandemic, the MGNREGA programme provided
a very solid support system for the rural households collectively even through their
womenfolk. After the monsoon season ends and agriculture activities gets over, the
opportunities under the public wage scheme will again be available 7.

7
Team MP, Chhattisgarh leading state in terms of providing facilities to migrant labourers during lockdown,
Millennium post, Oct 18, 2020.
http://www.millenniumpost.in/nation/chhattisgarh-leading-state-in-terms-of-providing-facilities-to-migrant-
labourers-during-lockdown-421467
 CONCLUSION

There are plenty of comprehensive labour laws, for safeguarding the interest of Women’s and
their rights in the country. During the nation-wide lockdown because of COVID-19, the
agricultural labours and migrant labours has suffered the most. The Chhattisgarh government
took quick initiatives to provide various kinds of facilities to the labours. In Chhattisgarh the
labourers can be categorized in two categories, first being the skilled labourers and second being
the unskilled labourers. labourers were provided ration free of cost/concessional rates as per their
eligibility. Likewise, labourer families were provided LPG connection, financial aid,
employment under MNREGA, agricultural loans and other facilities during lockdown. The
Chhattisgarh government is also, planning a comprehensive employment plan in Chhattisgarh to
provide permanent jobs to about 7 lakhs migrant labourers and who have returned to the state
during the nationwide Covid-19 lockdown as well as to agricultural labours.

Under this plan, the government will carry out a skill mapping exercise, provide them suitable
jobs in its labour-intensive state departments, hold recruitment rallies after the monsoon, sign
agreements with central public sector units for jobs outside the state, and amend labour laws,
said officials in the Chhattisgarh labour department. The women in the state made up for 50.75
per cent of the workforce during the first four months of the current financial year of 2020-21.
According to the official record, over 24.28 lakh women secured the jobs as safety nets during
the different phases of lockdown.

“Owing to the overall slowdown in the economic activities across the nation besides
challenges owing to Covid-19 pandemic, the MGNREGA programme provided a very solid
support system for the rural households collectively even through their womenfolk. After the
monsoon season ends and agriculture activities gets over, the opportunities under the public
wage scheme will again be available to them. The lockdown has greatly affected the
agricultural units in Chhattisgarh”8. However, Chhattisgarh’s economy is swiftly getting back on
track after the unlock.

REFERENCES

 http://www.businessworld.in/article/Chhattisgarh-s-Economy-Swiftly-Getting-Back-On-
Track-After-Unlock/04-07-2020-293963/
 https://theprint.in/india/governance/skill-mapping-mous-changes-in-labour-laws-how-
chhattisgarh-plans-to-employ-7-lakh-migrants/459686/
 http://www.millenniumpost.in/nation/maha-dutch-woman-arrested-for-ramming-her-
jeep-into-car-425851?infinitescroll=1
 https://www.newindianexpress.com/good-news/2020/jul/29/amid-covid-crisis-over-50-
per-cent-women-access-jobs-under-mgnrega-in-chhattisgarh-2176290.html
 https://www.dhanuka.com/blogs/women-the-unsung-warriors-of-indian-agriculture
 https://vikaspedia.in/agriculture/women-and-agriculture/role-of-women-in-agriculture-
and-allied-fields-1
 https://www.nationsencyclopedia.com/economies/Asia-and-the-Pacific/India-
AGRICULTURE.html
 https://www.worldbank.org/en/news/feature/2012/05/17/india-agriculture-issues-
priorities
 https://vikaspedia.in/social-welfare/women-and-child-development/women-development-
1/legal-awareness-for-women/laws-relating-to-working-women
 https://labour.gov.in/child-and-women-labour
 http://cgclimatechange.com/agriculture-and-allied-sectors/#

8
Amid COVID crisis, over 50 per cent women access jobs under MGNREGA in Chhattisgarh, The New Indian
Express, Jul 29,2020.
https://www.newindianexpress.com/good-news/2020/jul/29/amid-covid-crisis-over-50-per-cent-women-access-
jobs-under-mgnrega-in-chhattisgarh-2176290.html.