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    Document From Patatri Sarkar

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    Ah / WOMEN AND ORGANISATIONS IN THE INFORMAL SECTOR Savy . i S jth SRE {AND EVERETT and MIRA SAVARA Sul” {hace per ae Shi § oh oe | Cue bens heer | ‘Himalaya Publishing House nowsay © Deu @ wacouR ~ nnn en gi iret Edition 1994 Published by + Mis. Meona Pandey fr HIMALAYA PUBLISHING HOUSE, ‘Ramdo Dr. Bhslorao Marg, Crgaon, Bombay” 100004, Phone 986017380 9863 enn Teint Poa partes’ 4, Mura Lal Street, ‘Anes Rad Dury Gan, Now Debi 10602 Phone: 3270992 Nagpur + Kondanial Chanda Induct Estat, (Ghat Hon, Neer 40 018, Phenee 1218) a He Printed by + GlobeOmet Pentre, New balls fas oo ‘Tis study asa long background. fn 1962 both of ws id study on bank eredit to women in the informal sector Bombay through the nationalised programmes, We came to sty this because Jana had earsor worked na feminist crit tunlen in the Unitod States, and Mira nd writen abot an Innovative womens organisation in Bombay which was ating ‘san intermediary batwoon the banks andthe women brows fr. Since many studies had beon done analying the woes ‘organisations, we decided to ank ths questions te what exteot {ntbank credit ging to lower income group women, threogh ‘that tee of intermediaries do the baa and ramen oposite, ‘tnd how did this affect women’s partcipatin aod expertnens ‘wth he formal banking tructares vert nd Sava 180) In the study, wile we moved around in the various | hhutmentareas we were surprised to ee that there were Various ‘Kinds of ermal and informal associations which were working amongst Informal sector worker. Lateraure and exjorienes ‘hed argued that organisations were ensentil tn improve the lives and living standards of normal sector workers, and got the literature that we had resd ad never talked bout the ‘variety of organieation that we wee soeing among the urn ores in Bombay. Feld lov! iteractio made fel that Particular typeof work had spostic kinds of organicaions ‘hich would best work to improve the conditions of de worker, And thas emerged cur rorcarch study to stady five types of ‘organisations amongst Ave afore type of Informal sector ‘ectivtios in which women predominate, ‘Our thanks to Proma Purgo and the women of Annapurna ‘Mabila Mandal who housed the recaarcn shady and whines eomments were moat usefl in developing our Ideas, the ‘arias orgnications who aasstd sin dein the women tnd who apent each ts explaining the nature {ion andthe devlopment oh rganisains, fo Ford Founda. tion whose suppart and encouragement mae te sy pom it. Sesaressear the ve he an at RE TREBEEE Many others nso helped ua inthis sty. The nection 0 laws and legal provisions wat mainly written by Ma Gayete. ‘Singh who wae consultant for ht aspect ofthe reveatt seedy. ‘Weloe went to thank Purves for arsngin the making of te ‘ideo, Suro} Chowaary for tansating the rept ita ind ‘Thanks also goto tho National Reseach Coun for Women Washington D.C for Miza's travel grant, Karen MeGuaeen, liyoa Beane Lalit and Sudha Deshpande for swpreton®| ‘Pian fo he Univorsty of Colorado at Denver where norm of ‘the computer data analysis was done Finally thanks to Sacha, ‘Ahi, and Carson for being relatively patent while hair ‘others were involved imal of thi | CONTENTS ‘Women Informal Sector Workers ia ‘the World Economy ‘The Women Studied Government Aetion ‘The Gendered Nature of Paid Work Valoerabilities Organizations Empowerment Summing Up Noten References 120 aa oot 586 87 — 108 100 — 194 195 —157 168—170 m a2— 170 CHAPTER 1 WOMEN INFORMAL SECTOR WORKERS IN THE WORLD ECONOMY Introduction According to recent sy (National Istituto Urban Ars 1967), 64% ofthe Indian urban fra lab oes sn the aformel ‘ctor. Te informal seca (15) ean be deine flowing Porton and ‘Walton (6%) ae encompassing all income producing sctivitee tutside of formal wage contracts A concern & understand the faperiances of IS women in their work and fumiien and the ‘rganizational and state pale resources valet them led Us to ‘dovan comparative cae sty in Bombay In Chapter te review ‘hotheortcaliteratare sn women IS workers athe word cconomy, nd we promt an overview othe chapters ofthis book. ‘Both Uhoretial and practical otectives guided out researc, ‘nended to lad to reommeadations for {ind material welt of woman IS workers Ona theoretcl lve t ‘ildessosa number aftmportant question concerning gender, clase, {olital participation and tats policy in Third World citon that have ten inadequately rated in the sda wenes trate: (1 Hed sromens lives vary serous diffrent 1S ooupatons? (2) How dees aviation in housheld composition snd auroited house war ‘val trate affect the ive of 18 women workers? (3) What types ‘atata pols fact women IS worker sand in what wage? (ew ‘dows womea's IS wark tint tho Indian polite conan?) Wha | wort ano 04 {990 orgniaations ane ‘ror and nde tc orks participate het do they Benefit ‘The development of analysis of gender lay fconemy'require an ff ‘isparateiteratres og -spialis system, sa Women and Developme ‘The United Natine | ‘emergence cf*Women and ‘ry aeademic eld. The he empirial documenta inthe economie develope, ‘alse om abou fre pa efyenerecoomicconh tain workers emttng, 1961). Wen eth maint, responding figures were ‘Sorvey Organization (1850 female labour force paricipg ‘imorising 18% of te wy ‘have eee te unde ‘nd the census Gin ‘and there wae a 30-40% under 1988) Women workers inthe by census takers The To working while in a survey Feand 27% of the women ‘laos areas it Bombay, Thr Pavement dalle Bom) MID researchers have ut ofthe exam ‘eroussectors of scp and) certain pee of work, NSO % ——_wowe ano oncasaaTIoNs INTHE IePORDAL SECTOR {30st of organizations emerge in the IS occupations in which women Tekan de wht don” (Tone So ace _evkersparcpatein thescorganicatins, end inwhas wave fens fo they bene® : ae ‘The devlopment of» theoretical famewerk to orgeniee our analysis of gender, class and egannation in an urbus Ted Wend conomy requires an effort to review and ttnsne x mee it ‘eratars oo gender and development tho IS, the sed {ieeete cna Anon sian plea movonests, Soba ‘Walon 57 ieneiee two sport questios” Unde wht (rodivas have groups and movements Bsn slot in beer Sng condone fr to arb ower la? Wha peso rani. ‘ovececoducretobrenderinatvn eng str ogy? ‘Toe tt gen pita prea nere sdf cd ‘rato ores Phase quonons ave renner a sabi ‘reunion sng sha women, pac shold led atin ‘rr of gundar nwa atheroma of serdato lst caste (tr) cot in tm of ating sane ota Gein tre eee ce ascents ahaa ‘SiS Unde wc conditions are the organisations ale omen he immedi onde th 8 wmsn? To what exit don erin tions prom the trebformation of hsrrhial gender cee and ‘unmunity rong? What i the rltonhip utweca meeting inmates to preatog eal wesehreetiat For veole Aaa ree reee eeaee a careeeee ree tiigatng mre aspect of poverty sn ming memem To what ‘Stem do then organizational strategies on one hand, prmoa ‘nn fet at erro hehe roms npowerment and increas the plot or oc enti? oe Fforest oer barrie (be tema ted condioos of thar enplayment, ad’ ion ‘ganitatons sf 1S women n India have desribod how the Sale Eimpeged Womens Asncation Ahmedabad (SHEWA) the Working ‘Womens Form of Madras and the Annapurna Mahila Mandal st 38 WOMEN AND ORGANISATIONS IN TLE IEFORMAL. SECTOR Bombay have achieved some economic improvements far their ‘members (Schstd, 19M; Jeers 198; Savare 128%). Thess cheese ‘npansations incorporate sopecs of trade unons and empennes rit itittions within an ever framework of women opens mont. The effete of rorganising memes 18 work Into coher tives hove been studied: ressatchers argue nat under eta bondiions tis increases the economic return to the worker, ba srualy the politcal empoworment dimension ie net nldrared (siahna Ra, 1960; Sunda, 1985) Researchers hak n genes ‘rade unions donot atom to organi 18 women: tnd ths tote luion deourage womens partipation and leadership alpegaes 1866 Rohini 1901), ‘nthe bsiof findings fromthe above cane rttion,revarchors ‘have attempted fo conceptualize the tasks facing onganiztions of 13 ‘omen worker. Kalpagam (1086) states that eretisations snag 1S women foe a umber of strugeee" in order te achieve Nighy ‘sarsings, sable incomes, and improved working conditions fo et ‘members unfavorable state polices and labour la macr teede capitalist development that may destroy these todore of employ bent the structure of powar abd and vison of labour toe Ihousbold: and the iediogy of domesticity and petrarcy tt invisblises, restricts, and devaloes women workers, Jabweis {6 args that IS ganizations have to wera thre level the orkplac, the site of direct worker expetation; the police mation ‘furs and administration, the ete of policy implerentaton: and the sits of plicy formulation, whieh would presumabty be ploy ‘makers atthe sate and central lvls and the pee, ‘A centeal lemma. facing women eecking change in that organizations economic inatittions and to state erected on he hana of hierarchical gender relations, As Alvarez (1980. 28 9) plots ot, (The very insticuonsl arenas in which many sich ‘hanges must bo eougt ar fundamentally premised open ho cantinued confinement ef women tthe privat pre, Ue spore that isthe structural foundation beth pole And prouctin..Femisiet.theorits maintain tat, te malo gee oe largely bounded by the private sphere ‘and grounded in the bolgial and dit reproduction of ‘ho bnmen specie, serves athe fndation o Ue pee [NOMEN INFORMAL SECTOR WORKERS INTHE WOIK.D ECONOMY 18 ‘sphere, fcitate eaptalit accumulation, and frees men {engage In poliden ad production Under thes condtins dove the jcirpiration of women into ‘ngnniations promote thelr practical and strategie gender interest rie it merely onother method of teitatanalising women's suo, dinate stats? Conclusion In the above review ofthe tartare, we have sketched oat the ‘general theoretical framework that guider er eomparasive cane study in Bombay. The rrmining chaptrs explore the questions False atthe beginning ofthe chapter One questi contra the sharsceristics of fra IS workers. In Chapter 2 we Uno the Imetiodaogy ted and deseribe the 18 women sade. Anthor ‘question Hi too with the Sots of state pala women ts ‘worker. In Chapter 8 we examine the role the la hat lage ta the five serupatins. We lok at goverment action concern, omen andthe extent t which existing labor legsation vers ‘orks, We lo look at propose for extending aba epson ba ious segmants of the I and gercrmmental en ‘ctablished tn investgat the conditions af erin IS wcsapeon, Finally we lok at the government role in cooperatives and oe providing secs to credit for self emplayment 18 scupations ‘Afurther question has todo with tre manner in which women's 1S work ts nto the broader paliteal economy. where worm are leeatodin the five ecupations how these scupatins are connected to the rt afte economy, and how these ccupatins have ceessed ‘ver tine. In Chapter 4 we explo tho nature ef urbanieneay iy Bombay and how women ft int the five orupatons ae they change Next we move tothe mer level and examine ou fedngs om ‘he surveys and organizational interviews. In Chapter 6 oe ston, ‘the difrent pee of Walnerbilities er hardship tha the women studied face: poverty, child mortality, overwork, health aad socal ‘roblems. In Chapter 6 we examine the orgenieations that have developed in the fveoeupations and evaluate the exlent to which they have addressed the valnerablitne experienced by the worn ‘workers, We explre the ways in which Setapaional vriti has ‘haped organizational formatin, the ways im which erganieaene sre gendered, and the Implications of gendered organizations | i i t 4 | women. In Chapter 7 wo discass women's empowerment in the houshold, work and community, andthe factory that enhanc ot duce wome’s power, We lok at decisionmaking nthe bounced, ‘daughters age of marrage, family planning, attitudes shout wor, ‘and participation in state organized channels andi the supa ‘organisations. In Chagters 5 and 7 we are inarste i te topeet sf eccupation, age, a other facts on wom lve, tnd ease {ntereted in the extent to which hourchld compotion ed te secocinted oushold subsistence strategies vary aero the fe Fioaly in Chapter 8 wo deaw from bth the macro and iro. Inve to preunt the conctanions fm our fesarch on wore organizations sod stats policy in the 13 CHAPTER 2 THE WOMEN STUDIED Methodology Introduction: Altwugh the Hitersre o 18 women is India ‘has provided valuable information aad Unoretis! nights Tee ‘nas several Unitations. tn geueral, the nics are conned tine individ level of analy, With carainentetion, there a ite Informatio sbout the nature ofthe 18 gsepaens in Which wossee ‘ae andthe internal structure and funcolng and haw We ie ‘nto ho pliteal coon. lnaficent tention has boea posse et plies and organizational rns snag 3 woracn Una ‘sample survey methodology tx eed witht adequate contestant od historical perspective: Often the sec Joign i nude in addrwsing’ questions concerning the impact of IS work oe ‘rgenzational mersbership, as ll thos surveyed are workers or ‘members. There is a noad for mullevel anigee ~— examaing 19 ‘woman inthe contest of ie ouscholds ae well as ngine’ ‘ructure of thir eseupatins, th fle of any organteatons the ‘sccupation andthe impatot publ ols Such maievel analy ‘equreracombinattenofmathade survey rémarth oreatonteeet {nd pay aly Since the development of organizations among 1S women orkers is seen as crac for improving their working oud, a dy fattempés at organising could be hlptalinandectonding it ‘Precsse involved. I could lo inereae sur understanding o the ‘roblems and potentials of such organizations and the condone equired fora untsnable organisation t» develop. adn, it ‘nud examine th conditions under which onder isuss are rlced land women's leadership ix promoted Ourstudy atempt to ldo the decade af esearch reviewed ‘on 1S wero in nin tr overcome same of he miatons athe previous recoarch night of heaxrome beterogenety tht charac Aeris te TS, Trager (1985) suggests the study of specie 1S ‘eeapatons inctead of dhe 15 au a whe. We have selected ve ‘ceupations — sherk, Khanawalin, sweepers, domestic workers fad oubbentrict wovkecs—iu which romen teres lenge premecy Sik sith wiach cesniiions sre sanoceiel Gur toncench © ‘ontortual and comparetivo: comparing erzanlzatione and secupa tion i various locales in Bona. Or study uses a variety of methods to build picture ofthe omen werkort inthe conta of thir houebld nd oeupation and fs thay are affected by orgnniational interventions, goverment Pole and macroweosomic trends Asurvey afte unde mes peepee sae ity ae ‘were studied through interviews ofthe leaders and aaa exam Stata pliciesaeting the oxcuption,quertione of gene strat aon i te vecupations andthe elles of macronconomic rend 8 he secupations were studied through interviews with researchers land governnent.offeinisandthrough arevewoftelteratare sm the ombay taboor market tive analy f the five eceupatons, The study examines tata ‘om and segmentation tn each a tho oonpatione relating the atierns to womens roles in the oorupations. Tt Woks at the Aierntial rol of state pic acros the five oscupations, The study okt at the ole of government alicy in foiling oe impeding Dnyaniationsl formation snd eflectvenses in the aceupations and Itather factors saping the emergence an the performance ofthe Srganiatons Tih etody ch on our, inne of representatives and “sampling immediately came to ibd. Because ofthe lnk of informa Aion about the universe of women nthe in Bombay ix impossiie Ao draw “eprenentative sample” by coneationl mess. On the Inui of secondary sources, census gtatsis,dicusions with re fmarchers and soit, and extnave forays around Doma, we have maid css that minis repesnttveness ras stra ‘pean trans pan Geprcsing ie mst mo ed ‘oreenting variation in 1S work) rgaisalion(epresctny he ‘Speen ogntatons paring wrong ‘ata characterises an ly presenting sana of ote Sng lasneighborvode in Bombay items flan, ae depres a beteropeneity of rrdente. The ssapains orgaiaont ad Wet ded ae shown in Fle 201 On Seman tly aed ‘Te heerogensty of womens S work alia cn beep. {uslaedin tras ofvaraton slong number denon hos Ital a no ire in ck ‘worker vanes ution y Sanding 987) Wha sno ‘oie work What he aoa sats ho wet Wek {Gndotentrrine oes wrk fr” What earth or what entent uo ere ese bao: etriag ti tre We ag that wire enn mrs weed Po thee deine ald inface ie pam ey fed ah {bre oforgniztns that might emerge in hereto tes {Row any we sled eecaptons siete ee lon themes werk nh represen lrg conto ‘Tw ofthe sempaton inv fay or lf empleymen. Te cern ie de my aon wn cre rn thi busine wih ne dino oe {ner wh the men aking so the wren proeang sel ng {Bea isthe trol expan ele Kaleem Sherwin sae rem Vermen,o of tn doa eee lags tenth faerie sal hse de creed ins in Verve Kannan ofr sting etna a ot er errs whee fine win ey yee wom Ax OmGANISATIONS 19 THE INFORMAL SECTOR Our approach was to contact the ad inter ganizations and interview ative, and TOW as understanding the quosiaaiean sone “peruttt3% 24 that onion fhe eliility of th nae clr otha beroran buss ofthe Kinases bes feitemnoyed worker did'nt gets mertinen ae Heberetcaittcareincomelntrmetnn wt seas - we indings. fe were commited to shariog our reach nding ih the Wena workors wohadintervewed tnd aceing eae Wemade video on the resenth whieh shored ie Ghent cpt and ected te orem oe 3 od what they hades se eae in Gibsoste in Hinton mane cima ane ene fhm in lt sens and all grup deena ne nego iabooket wa deussd: Both were sean sesee eee wand a stand sevaral copes ofthe Hind opot were given to cach organisation ard {heir eomments requested. Ia the sections below we decrbe the ta Ihundred women IS workers sted Life Patterns of the Women Studied ‘Background and Migration: How mich variation i there the ‘backgrounds of the women studied and to what extent doer backgrounds vary by eccopatin? There was moch catsrqion| speciation by sceupation. Seventy ai percent of the sample Including th vat majority oe Khanawalie domestic worker soa subcontract workers and all of the faherwomen” were fom Mahareshtrn, Twenty percent ofthe samples ofthe sweepers. were ftom Haryana. The remaining 4 wee thom Kerla, Utar Pradesh, Andhro, and Goa: With the exception of the aherwomen arhote native place was Bombay, the Maharachrians were fem ‘url district, Ratnagir and alga ting moet common, Almont ll the women wore Hind and were members of large ‘momberof cater Some oovupations wero Tors open to women Aitrent case groups than thers were, While tho Sreepers wer all Balmiki and the sherwomen all Kal, there were thirech ‘aoaps among the subcontract worker, ten mang the Hs {tnd mine among the demertic worker The Maratha cst, the sje Peatantcane of Mabarashtra, was the lager cate grou among the Suboratract markers (458), Khanawale (63%) and dmete wrkes om ‘As shown in talo 2.08, mot of the respondents came frm grcaltural files (38%), nies which dite eam work the ‘eepondont (53%) er familen where the father worked in wy ‘rployment (254). Family backgrounds ariel substenaly se ‘the occupational groups with more than fal he domestic workers the Khanawalls (51%) and subcontract workers (40, 23% ofthe sweepers and nane ofthe shermemen coming roms familiesinariultre Among these fale there were forthe Alifrences withthe awecpers being vided hetwoun aurea labourer od peasant fasion and the Kintnnwalin, sucontrasts land domestic workers bing mainly or tll rtm peasant free, Respondent with fathers in wage employment ranged fom a2 ot the lthanawalis to 39% of the sebeotract murkers, 1" of the omesic workers and 18% ofthe ewecpers I the two carte based ‘esupatlon fathers af 8% of uesweepers and lft fahervemes Aid the samo typ of works the vorpondents di. isrupuviow oF pearone ny aries occuParion Sikes Seared Spe Fok Mme oe ‘Thus the ls background of the eopondent in the diffrent sccupations varied on two dimeasions Urtanfural and. which Segment of te urban working lass Cassio oa the basis uf father's sccupaton the Khanawalis and uteontact worker Came primanly {om rural peasant or urban tactry werk fies The dome ‘workers came manly from rural peasant fae, The gweapees ome mainly from familise where the fathers had heen ctor Informal or formal sector sweeper Th fihermomen al xm foee Fisher fii, ‘Ar tho women IS workers mally new migrants? Thirty eight ‘ree of the women wore hora ia Bombay a ver balfe these were flsherwomen. The major oecpatioal dierence ropa lace of birth was that alma al of he ihervomen (9) were bor 'm Bombay while in the other ceeypations the numbers born Bombay ranged fron fourteos for khanawais thee fur domestic worker. Although « majority of the women were born in vilage, ‘most of them had vedi Bombay for some Une Fifty percent af ‘ome with their husbands to find work tate Do they hte links tthe rural ‘ural areas among the Bombe fallen a cso : arena? Th continuing links to ‘of houses anlar farms by the wont, pt fsherwomen, Thi ranged rest ‘wore much further sway in Hay ‘Avge: Doo IS wo rk atract momen ofa i : : i i ‘Raucation: Are women that enter 15 eempations hase vat nave education? Ascrdig to the 1981 Census (12,1VA, 140-0, the feduatooal level of women over 1s in Bombay Wore as flows: 4% “ap education, 15% primary education, and 32% middle school or Itbove education, The women in the tureey hod lightly Iowa eels | tfeducation ss shown in Tee 2.08: 5 had na wooing, 17 bad, pe to four sears of schooling, and 26% hind five o mare years of hosting. The lowest education levels were ound in tho svoopers Sint domestic workers. The highertedweatonal levels were found fnong the subeontract workers (G0 Sve or more years) and | fiheromen (45% fv or more years). Thins, alos the marty St ronpondonts hed nat reeived any scheaing, women with five or “nore years of education were ala found i 15 occupations. "Age and education wee strongly related (emma =-54) Ax the “women's age increased, tho liklTiond that they hed recived any shown in Tale 2.00. Thirty four pers of ‘the 15 t-2t your ld woman had no education in etrast to 84% of Iromen 5 and over While 4.0% ofthe pounget age grup nd une Aachen for Sve or mors Youre, thi waste ene fr oly one woman Inthe odset age soup. orenman t ecnin et Stone Banipe Pat he RRO oF ONDE A LCA sity rm yan omen disproportion: aon ese mara sate ag” anes TINT Aerie the Int Cannan ha TWA SO ae ten " WSascordngo marital sats in Greater Bontay marred 08%, widowed 105, and divorced Sraeparated 0.3% Our samplehad more separated wornen and fewer single women, but otherwise roughly paralleled the cons igure In the survey seventy lve percent of he respondents were marie, 12.9% were widows, 85% more sips, nd 2. were separa, Te highest incidence of single women was found stone subeonirac workers (17.5%) and fsherwomen (13%). The leet inldenes af ‘married women was found among Xhanawalis (092). 825% wore ‘widows and 9" wore separated. status: Do the men marriita women in diferent types ofS sctiities have dllerential acest oth labour eset? Tee factors Ye thowsht important in shaping the dally lives of wornenwerkert ‘rere marital status apd among thowe whe wre marie (79% of te ‘omen, the way in which thelr husbands participated inthe labout {ree We combined thes actor into on vale we eve labeled “rata” at shorthand form of ropondants marital ator ad scooomiesttusef the husband The five eatgorce oats ere) ‘arried—husband in a formal sector jab 19%), (2) mariod ‘hoabandinanT3job 48%), 3) married ~ husband ot woking 39, @ eeparated or widows (15%), (6) unmarried (10%) As shawn in Table 2.07 the vacousentogores of rxtatun were istsibuted unevenly aeroce occupational sind ago eroupa of the women, ‘The subeantract workers had the hight icine of ‘husbands informal sector jabs (53%) and the domestic workers had he lowest). A majority of domestic workers (699) ant sweepers (60%) hcl husband in job. This waste cas rant occ Ashervomen (40%) and around on ithe he sulzontract workers (23%) and khanawalis (20%). The pernt of women with bam, working husbands ranged from 28% among the Khanawalis to to song sabootract workers. Th sien ofhe proof women were separated or widowed ranged from 38% anung Khanawals ta 36 ‘mong ubeontrat wurkar. ‘Thus the husbands of our respondents in diferent cocupations id hae diferential access to Uh Inbar maet- The hasande subcontract workers wore mos sly to have foraal toon ples Te husbands ofaweepers domestic Workers and sherwomen were teat Ukly tobe in the IS. The Khnwwalie were most Htaly ws ant husbands out of work ort be neparate or widowed ee a ] er re | a me ene ee De women's marital status and husband's exployment sta vary wih age? Tho datbution of retatue aro the ago ray ‘varied. Unmnerad women ware found primarily i the 36-24 {up (50) while noparatedwidowed wore found primarily in 45-4 age group (40:9) and the 85 and abvoage group QT ith non-working husbands were fund in three age groupe: 305 the 35-4 age group, 19 % ofthe 45-64 age gro end 32 of ‘5b and over: Women wide husbands inthe 18 were fd in ‘ategories and were a majority of tho 25-34 age group (00°) and 5-44 age evoup (2°). The thie eight women wit asband in formal actor were nota majority in any age group they were inal age groupe and their highest concentiton we inthe 25-3 seoup (a0), Fertility: Does frijlty vary across the fv ocupations? ‘women in the five ectupatons bre 727 children, 6OB af whosn living the tne of vr tay Tho avarage number efive el for marvied women) was &05, andthe numer of deliveries 1 fom 3.7 for the domestic workers and mabontract werk fo fortho sweepers 8 forthe faherwomen, 11 forthe Khana ‘Theos gues arw higher than the 1051 Gonaus (12, VIA & By 8 wontes. AND omanNaSATIONS1¥ THE INFORMAL SECTOR $81) figures for maried women over 16 on whom information wae ‘rsilable in Greater Hombay. According te census the sevnee | Bamber of lve bicthe per woman was 248, Among the wones studied as age increase, the number of daliveriesineronsed hag 5,28, Wile the women 1824 averaged to deliveries, the nto, of dliverics increased to sx among the women £5 and aoe ‘Family ite Cycle: Are women in ifeent typos 1 werk at Aierant tage fe family if pla? Oe ofthe veriables tate hough would hav an eet on x woman's marke weg ten ofthe family lis cycle. This we oust would be important brent 3 __ he pronence of wary young children sncreascs women sd jhork However, sthore,arw older childen, they cou sere ‘howsework and possiliy asst tbe wotnan inher wor, A cil ce age 18 wud be an adtional adult inthe house who signe ncome, We therefore divided the fanily lla eye ito the flew i) _eaegorion based ca the aw ef the woman's Yoon ei ae tovseholé:no children children under tn, cilven betwee aod ightco, and eilien over 18, In thirty cases women did not have any oftheir own children in tatus Bho hovsehol thers wore mainly young unmaried or eniy marnod omen 21), but also older chillers maine or women hexe ee, #24 age daldron lived elsewhere In sity carea wort younger cen ip the ware undor six, in sinty thre cases they were halos ci eed sThoeesghtzon, nin orty sovencnses they wes overcghicee Theo of mich variation i the sages of family ic spdes sere the score, hove Wons.A one end of Une otinum, ala te sweepers hod ten allege under six and at the ether end ef the connie Wot a ae he Khanawals had children over 18, ‘Thue the woes the Gee nthe Seupations were in different stags ofthe family if cycle with ie found gmeepers, subcontract werkersand domenivuvonnce ets wee a Bank Trajectories: Does age starting work vary srs the were fren ocupations and nme te varone soe eee nee 2g aa wasnen im to ole ooepatins wer: 13 of the had begun work by age 18 The Khanawelis were soe start work later than women from the eter cecpalons 580. mer: 50% ofthe Khanawalla strtod work when they wencee ‘The younger woman toned to have rte work at an carler ‘age than th ler women- Aa ge neon the age a staring Wonk Increased (gamma = 20) However, the eltonship was nel com Dotty tinea subsisntal number eight ofthe nastcen women ‘ver 58) had stated work before they were 15. Furthermore, ths ‘ndiatr of generational ilereoes fn tho age a which women started to wank may ot crores the scapaton te toca the survey Tocused anyon those women ateady working a the seupations ee ‘There wera larg variety of answers tothe question “low did ‘zu et yoor jb?” The most sommon sasver was trough fond (65) and tis wa the case for 39 domestic workers Picherwornen ‘ni thee Camilo had alwaye done this work, Hae subcontract workers had tien thir utreat werk thrash a sociel work saencr dove this wrk, Few ofthe Khanavwalis answered this question. Those {hat did were most key to ay they had stare thoi work thrvagh Rapture Ts he mtd of rein 8 ‘work include nepive community practises, fal ant fcndahip ‘annetions, and each payments to ota pitts eb Oaly ‘the oerpaton a weoping was the prton buying mu common, 56 osteo oncANIsATION® I THE INFORMAL CTO De the women have mich work mobility? Most of he women bd always worked inthe occupation thay were nw i, eget ae ther jobs had teen held by the women tad rene eg lived in oral areas In ‘ution other jobs included domestic ervan, needine pe mpi. nt factory work ad canal labour. Only thro afthe ae ‘ed formal scar js one subcontract worker had been seat ‘ag weeper had held formal sector eweeperobandece eee ‘nad worked in formal sector facta ‘These Bgures im fd infrmal Sators for sweopers and did so, Why did women change heir jtet fer ans fer changing obs were marrage, lk of stator ot hej, healt better opportunity, Do women move in and cut ofthe 1 labour force? One hundred forty women anewered t the women ‘and aninersrulatad to the browtay PO wE EER SELET URE y 1 In onder to oak atthe Impact of diferent per of housed structures on womens experiens, we collapsed ours types of household structures into four categorie: te simple howrhold {pet — (1) womarcheaded women ving tone + swomm stl ‘unmarried children) and (2) hasband-vie; and te complex hoe hd types — (3) patarnl extended and) materalextnded sd smite extended. Table 2.09 shows the diststbtio theo one Eategaronacrocs the ive otupations ‘We found sigascant variation among the acipatinns inthe ‘numbers ofsimple and complex unt. The heft hate salt ‘number of simple howsebals and domerin and subcontracting the largest. The faberfole are involved In family-based aceupatin, (Often a family group buys = bot, the malin capital invent together and women othe ailycletvely elie fish enught On {hoover hand; cubsontactings an invil woman's activity od fo also domoatie work altoagh women domestic igh be mccted ‘by the fomalecilren. Lying midway between thes two extomes tare the sweepers and the Hensal. The ameeper ocupation ha ‘raditonally been family-based vecupation with mal and fel ‘members along with children geting & numberof haan todo the fafa work. Thin ie charging and In moet cases sow women ad Gnldren do this werk. Khanawale lan use family Tobour but empire othe her hte area “tal snes in ther i gins eve of cpl inven eine ‘crcl semen inthe exons oeoenis ho Worst headed anawelis and we the fshorwomen, exept wha conditions do maternal and mined households © most common easee (7) ware of's manieg ees ter living with br family These case ld ieaiariaure neon {in these circumstances, Thro were four eds of cdee ete Enea trae a seo cocoa (ith hath whinge ral acon 6 wi ha the 18 429 and with nonworking husands 013) The pag semen endedtolve nares use ag tr {ie args ste ohne fr women Io ae ee aen beaded 290 and hushand-wife 520) andthe complex houacholds ‘Being larger (paternal extended 8.00 id matornalnizel © 58) Household Earning Strategies: How do hovsehyld earning Strategies vary across the fve occupations? Hiteen pores oft ‘women ive in households in whieh they were the aly worker 49% lived in two worker housed, 16% in three worker households and 10K in howe with four or more warkers Tho eherwomen ‘anv tobe in household wih the lagest number af workers wih an average number af workers pe household of 8.10 sompared ts the ‘overall average 02.64 forthe respandants sta whee The domestic ‘workers had the lowest number af workers per household eth oe srerage of 225 Among the diferent categorie of hochald structure, the sverago number of workers wax highest inthe patrnal extended hoseholds (337) and lowest inthe woman headed Rowssholds (LBD, Tes ntereeting that th numberof workers in husband if households (2.16) was not appreciably higher than Use tute a ‘romans headed houscbold kisimportant to lack both at the numberof workers an atthe size ofthe house in rder to understand the earning srtagies ‘the various households. Ie is apparent that there were sore ‘workers inthe lerger howsebois than in tho smaller household households of one to thee members averaged 18 workers wil households oforr eight members averaged 489 workers (Bta'= 4, "However, larger bousbelds ale had ore dependent thn households did Tho worker aio ei af minor of workers oul ‘number ofhousehold members) dedined athe size of te ouschold Increased While the cverall average worker ratio mas.48 i wan 81 {i households of one to three members tnd roughly hil that fr towshalde with sik or tors members (Bt=40) ‘Avorage worker ratios did aot vary muh sero occupations ge was fom 3 for domes workers fo 44 or swecpers ad subcontract workers. However, there wan some variation seat stages in the family life ejle and across household eateries ‘Families with children undor six had lower wor rates 28) than families inthe other stages ranging fam 7-68 athe fy ie cele. Among the household categories, womaneadedhocholds Jind higher worker rato (70) han th ether caleporie ranging fom 44" 48) of housholda. = Pormal ctor Workers Thee wore 7 formal activ wokece {in 61 of the bro hundred bouncheldnstudiod od hay wore ‘Eats sen baba Sn thw vm sospaions v9 lore fenty nic nabentact workers, Ewen Khunmaieuhtoe ‘Ehaevomen, ten sweeper, and Sve domestic workers Mant ihe formal scr workers in wwecperouschel mere eweepers Ite teal enterprises nthe publi or private secon. iy eight erent ft aubcontrct worker oases had frmelentar orkrs 38% he hase opin 2 of Seren, 25 0 Sweepers and 10%. dmedicworkra Formal ser workers Were rT eh res nage ad xed aly oe ‘SUG cull barged lther that i presence of fra setae srrkers (and henos large andr more secure incomes) would Inorenge hosel sce or tha in larger ouscholsthere mould Be ‘ure chances for someone to aut arma seta jo. Formal sector employment, however, carrie thers of ue oyna a om te wre ats (4) ot ty ‘rocking woe retetchment or athe (10) The numberof these ‘Workers ranged fun five infer ad domestic worker house Tale, eight in sweeper howstolde, cle in sabeotroct hour ‘ols fiveen tn Khana bousbols, The relative ost on rentoned ane curenty working was husband (2) and ost of those had bees formal tector workers in factres or mal actor Tn this chapter we sumed the methodeloay ofthis say and cxvlord varia fa ecupation, age statue, stage tn faye ‘ele work pater aadhmubeldetructorearionghe two hundred omen studied although there were many pants ommonalty fr leat ia tee esl eer cee {hac TS women workers donot orm shomégenos group ners beckgound, gm mail statue, frig, work lector and ovethald ieee. oo * * * CHAPTER 3 GOVERNMENT ACTION Introduction In this chapter we examine the types faction ty the Indian SGovornment which have relevance for momen IS workers jn the five ‘ecupations under say. Pint we bey explre Indian Governent ction concerning women. We examine existing government requ Intions on employment and whether thawe laws are applicable ot “ould be made aplcabe to enssl wage workers in ie 18 Then we “furs to las eoneening 18 workers and to Government Enguleos at ote Statin o sry den ‘orkers making recommendations for plisy ination, Finally we ‘amine government plcins flactng sof exgloyed workers tment pais on cooperatives, enacted Sr daring he lal [fried and government eed police fr the a employed pont, daring the 1970 Yomen and government uction “The Indian Constitution guarantaad equal rights for men and 5, but women did nat get an eal share of attenGen or tures in government development programs which adapted pralfao orientation toward women's eaves Since welfare expendi ‘wer sean as nonproductive, women's program mere ew item in government hudges. Tn 1971 the Goveroment at sppaited a commits to axa tu ate of women inde aid inthe policy-making precens Pushed in 1975, the report of (Committe onthe Statue of Women in India (CSWI), Peeards ‘covemsamer Acris = Eqvaliy, documented that women wore exchided fom large ‘umber of wage earning action and that thle cmploymcee "tation was worsening eb a by-prouct ofthe expansion af sap fam in India. Im the rorl areas there ad been an Inctcge ta indbtsone and in the number of agricultural abourers Ween’ smpleyment in manufactring and mining had docned, Tease ‘Equity drew attention ote lange mamber of women worklng inthe ‘organi or 18 about which few suds at that tle ened, During 1975 interdepartmental consultations were hel by the Departnnt of Socal Welfare on strategies te improve he stata of ‘momen. These contaltations drew on the rexmmendatons of the {CSW tand the Worl Plano Action adopted tthe UN International Woner's Year Conference at Mesien City. The Instat of plied Manpower Heseurch drafted x Notional Plan of Action for Wee {NAW based on toe eansltatins and the NPAW mac approved ‘by Prine Minster Indica Gandhi and published by the Deparnest of Social Wefre in 1977, A comparison of Towarde Equality and PAW shows the extent to which the perspectives of thw ploy makers wote affected ty the CSWI In identiying the searson of women's aporetsion, NPAW (1977-12) drelly gastos CSW, “Toe impct ofthe tration to a modern oonomy fs resulted in the ‘clusion ofan increasing number sf omen from alee parte tion inthe productive proces” Inthe aren of empyment NPAW sckoowladged ite ellance on Thasrde Buell. Many CWI coe mmendetions were included: eg. extending the coverage of se MatoricyBeneis At, providing mar creche paying equal agee te men and women, and sting up a Women Gell in the Minty sf Labnit. The NPAW did not however, sept the CSM call fr women's quote in industrial training programs cr a provision fo women to reenter government after & five sear leave ty aise far. Indien Gandhi accepted the NPAW recommendations bu the plementation of the recommendations dit not proceed sreatly ‘Government action on women's anos during the Emergency ad he ‘subsequent Janata Government wou more appearance thos sein ‘evortheles, women's conamcieses had gained se pversooot iii ty the 19808. Sine the submiasion Tower Broailn soe ‘ection ofthe women's movemeat has aoght ta ape national rey ‘wont through elite ple! chants. Por etample misao’ ‘srgnizaions i 1980 sutceaflly poararced the Panning Cone ‘misign toned a chaptoron women and development nth sixth Five Year Plan In the sumer of 1988 the economic problems of 15 women recsived sme national tteatin. Iwo important governors sea ‘sarod roport, the daft Natianal Pepetioe Pan for Worn Toe 20008. and Shram Shaki th Report f the Notion! Commission on Sl Brsplined Women were bing crated ia Now Del ‘The Department of Women and Child Development of the ‘Ministry of Homan Resoucn Development sppasieg the Nagoeet {Commision ov Self Broplayed Womnn,thared hy Ele Bhat January 9, 1957 and ciarged i withthe task of eontctng ‘emprchensive study of se employed women workers and of ‘suggesting easurus to ‘remove contralateadvorealy feline fntrrest of sf employed woraen.The Nalional Conmsson deaed {0 large itn scope a reference to tnclade al womett markers ee ‘horgaaisedeecor, and the government occeped the theses ‘Shravs Shokti wa signed in\duna 1088 end’ presented te ee soversmnt in ea aly ‘Aap in January 1987 the Department of Wesica and Chi Development eet pa cir up chaired hy Margaret Alva Mine f Sate toast a drawing up the Nedonal Forgpetie Ment Women 1888:5000 A.D ONPPW: ppared by the Womens bier ofthe Notional institute for Pubic Conpratan and Cle Desc ‘ment. Th dro NPPW was signod on Febmaary 204986, and ees sisrussed atthe ast meting ofthe National Avon Comssnca rumen eared by the Prime Minit on May 17-1088, Te deat [NPPW wo crealata daring the immer atl evned vernonia, fnsved 20 Ueteba 10. Although tho NPPW has rua fous dha. Shean Skok they cach implicily embody a datinctivo apprnch toes the at's role in womens ceancmie developments technoeraie Inatictinal app rach a he VPPW and nerganizationt tocar ‘spproach in Sra Sa. Th NPPW reviews the appraiser teward women i the Five Your Plats nn? overeat wee brogrms ad the situation of women nvaiaus arts ouch asad {evelopmeat emlaymentandlgiatiog, snd suggest iter and coaverpingstentpis tomar abolstc development of waren 2000 A.D" ts recommendations incu strengthening coeteg men role in supplying : amt Shakti contains chapters that provi occupatic : rtp et re otal | enpeedoemecias meee] ‘ate eases enters scl it conc secre pr ‘Yanious groups of 1S workers and the creation of new procedus | ‘offices and bodies to facilitate ‘organizations of women warker: z ‘ringing conplafnts. about eee | | ; ] i 4 o a Sompathetie tthe lege! We | Gentine ees its menn? First, the mere existence of “ mance a range nes far support to. 2 What facilitated. 2 ae oon ee valam (Sebstad 1082; Chen . monte, Ela Bhat was nominatd by tho President of Idle to the Tia Sabo and Inter appointed to the Panaing Commission ‘The soqistion af even a limited ogee of police bility reas relationship between TS women workers and the gover ‘ment, The government can wie Mir rlaionship to expe the IS ‘ores rganistian, but Une organizations lenders cam lo uot Ahi relationship to inllunee the government. The controversies Sproscheseonoarning th reste nnd IS women, snd they eeprsent fmpatition or power shape th government agenda in thisars. ‘While these reports demonstrate that women's sues have attined visti, they Bo not eusrentoe that new laws to ets ‘women's employment or new plies to asa slf ploy wore Ivilbe enact. ks the enqfrios xtablabel ost the proless I ewecprs and Somerte workers dicusted Inter in his chaper, hone reports are oly a potential rat step toward poles making Te nat exton are women IS workers afocted by esting labor laws? ‘Towhatexvnt ar selfemplsed womenin the ISanctedy exctng [rorsrnment deviopment polis? Ie eto tse questions thst We firm inthe remainder o the chaptr. Labour Legislation Tm thie section we outline some ofthe major legalaton which ould have some relevance to1S activities, noting judgments whore the definitions have been changed or expe. ei quits confusing Aounderttand he varity of law nhich aplyts werkers, ance many Aferen nw apply. and many ofthe major definitions havo bar futjct to mc iization expanding cr changing the definition. Brrcesent in» central problem as Shvam Shek 1965: 90) points outs Factories Act 1968 Labor legislation in India developed during We clonal period. The Set aw, passed in 1881, coght to enol hs hare of work sf children in the tee fair. Later ine Sromen and finaly all works in fatorin The passage of Tegilation served to domareato a formal oman IS of on The a of ahr lesion has bound soto rar in she IS, The fiat problem ete definition of tory, ite of work, The acon the nat ofthe employer employee eh ‘The Paci Act, Which dnl wih working hone, lav, hath and ay condo wo crate To opts sao two oon tone wo were wel a ar) defied at tving ined preci in whic maacaring werk es tg ‘ered out The acres A nt prover sa api en ‘Sec nts in wichelbe 30 o tere pesos sre wring wens thei par or where 10 nse pron ar meng ht Alda power Te act three esles oes Kt purview ya ‘mnt of worker wheter wo ni amen inwawcs ‘Sot sty fa win he dean of nny” ‘ne coneqnc the enact ofthe Pacis Act was that the enplyers tse nds dinner wept ved the iat ofth others Sng te ataichonns nt sal its and ing wort rs wor aden er mt I the est tao sae large Bl tee ee sto oad ples tari 30 teri terre who ale at lt home en brought te lp ttre: See entree te longer working igi under oo fet the Freres At no loge pid tthe, “nae acl making teats ll workers ‘the definition of worker: = % 4 pers hloed drs o bye though any agen inctoing acters) with rw te bane ot {ho primp! empve whether be rormunesin oe) inanymanabewring pore orn cons ny pte oe tchinry or premier ued for 8 mastering recen ‘rin any kind of work canned wi the natn proce othe suet ofthe manutnurng pra, ‘he provisions ofthe Pasa At wore apd forthe fat tie tbmeaced wore Sate Amc Kasi Dt {G8518 Fok soe andintamchandes Pred Stas bee {FIRS ndodcrdtatchindotera GOBP TLL SOO ree sere remired to repr br wort crayaay and were Ree artcler qunnty ora material ower on tte brine They tere regi ont newark te homer win ose eri fe which they ware pd stn Baad reat the nd ofeach Font vas held Gatto fro were ele fre, nl Gelempoyer earesed sent eal spr tom, ey ee Selle be woskers ender te dation en Howover before the Supreme Cour, Chintaman Rao v Stato ofS.P- (1968 14 109, a restricted Interpretatcn wasp ‘linition of he term workin ston Battie Hoc ak Perot would not be considered an ampleye of sect rosie without » master and servant relationship ctwes the tee To gration of whether rclationship of mater and seta ovine between an employee and employer hus ben the autj, of lal ansideration a numbor of eases euch at Dharaopraiia Cooweoy ‘Works Ltd State of Maharashtra (867 TLL 47%, Bion ‘Sharma Fist Civil Judge, Negpie 1961 AIR SC ote; tates ewan Mobideen Sahih &Sons8 Ane. & United Bi Workers Unig Salem (1864 2L1 689. The meaning of the shove aden sth fervant. Since Ui sonatas 1 contract of emplayment between the two, the prison ti Factories Act would apps ta thers Thue teat ecesary tes \rorker works onthe premises of the emplayer: Evan if hey ates ame workers a log ax there wes mapariscn nd contol or the ‘work, the Peetarios A sald pp ‘The landmark decision, Bhikusa Yamnasa Kahatiys Poe. Cid (196324 FIR 429), oadned the apical othe Frans Ac ‘tating that under nection 85, power ad bev siete the eae snvernment under the ato decide withrctrenceto load cooling whether it was desirable that the nt should be made tppieabi ically, however, layin the fact thatthe erensn ofthe sot nee ‘ependent oa the notfcation being enued by the vate resrence ‘The judgments after the 190 broadened te interpretation ote etiton af-worker.Thase cage were, however, pitas aecaed der the Industral Diapaen Act The enforcement authority under the Factories Act tho Chiet ‘uspecter and other inspectors apprinted under he at ato hace ower tae orders othe factory owner, Any onion unde te Factories At canbe tried by the Mayiatrate's Court ttaaly th te rovexouce action 4 {actor inspector om dain ny information ven toh by ta ‘employee. ‘3 Shope and Establnhments Act (1948: Thove units whieh so not covered by the Raceree Act are eovered hy ee saa plating the operon ofp and etaichments Toe bea tag ‘Shoos and Establishment Ach, 1948, appllen in Matareshee ea ‘ment or entertainment and ether stalin ‘ha term “other establishments” isa comprehensive term and {nludes such other establishment ar the sats goresvonst oy a by notifention inthe oil gaaetee und declas fo bea cae ‘eat fr the purpose ofthe at Cota guldctis have nes ‘0 what constiteter on establahent” ea they rs eee ii are eerie aoe pel einen anes ‘obtaining the sanction of the relevant authorities feces ce sna seperate es ot Ribeiro root aan Socata coaster Si Sy eam nme home eee Bereta eee tie ve a tee a oe Wow ax omcaasartons 1 THe INFORMAL SECTOR Bannerie v PR. Mukherjee (1952 ILL 195), Baroda Borough Muricipaliy v tts Workmen (1987 LLLI ®), Corporation of Gop ot Negporv Its Employees (1900 TLLI 523), Stats of Bombe vHontal Masdoor Sabha (1960 TLL 251), Cricket Cla of Indi ¥ Boater aboar Union (1960 ILL 72), Bombay Pan) Rapele + les Workman 4971 ULL) S00). Me contualon ereted by these donne wg volved inthe Bangalore Water Suppiy Cae. {Phe Bangalore Water Supply and Sowerage Board vA Rajappa Bd Ors 1978 LIC S.C.) et out the dominant tant tevin tn ee Ao determine whatinan industry. These ert ae apstmatic ect, lrgenied by co-operation between empler and employer sd the (erduction oF distribution of material grado and terns fe the [somonity. Aor the Bangalore Wetar Supply and Sewerngs Based “industry” was broaly fined to facade shops, Mapas, faperative scien, profesional fe, dactrs and ingeen, ee large numberof workers whe werent originally potecog wre he nt were covered In » numberof cates, including the Bangalore Water Supply ae work was specially excluded fom the definition oF ry. he reasoning given inthe Bangalre Water Suply ease Was a8 fllowe ployment cannot beregnrdad as an“ndustry" because the employment of « dometis servant hat So {hat thes employment sen induntry. Nor are the plvate householder employers whe easy onan indy a fontemplaied bythe Act Purther thre i ho competion letween capital and labour whith ie necesuary to conse tute the industry. "The domestic servant rendors rices purely of perwonal nature. mae judicial reasoning beme-based workers and oboe 1S 4 would equll be excaded ‘Though the Pactoris At recognize a worker who tay not be ly embpored hy the principal employer, the defiion of "under the Industrial Dispter Ast mach matron. nt under thie ach nce by a rening ofthe deftsition whather a workman engnged through ‘cintrastorin connection with he ork ofthe indy oe be considered a “workman” It was therefore lf to Be Couts interpet the definition of workman cording to the Sete and ‘lreumstanes af ench particule ea ‘The ost that stood out was the ight othe master a contol he servant not only i what he did but lena tothe manner sy hich ho ddhis work. Shivnanda Sharma v Punjab National back ose ‘LL 688) the question was whether the dismioed worksr Wie op smployee ofthe bank oro he “coteact tronaurer Tr was olathe {he direction nd control of the worker wat completely vested nt bank: Ifa master employs a nuribero persons to do. prcicaar os, the eopiyees thus appointed hy the servants would be analy sarvants ofthe master. The case concluded that twas ut sot ‘ay that persons appointed and. diemieed by an, Meera ‘ontractr can inno creumstances be the emplsees othe piece party ‘Similar principles were stout in Kanpur Mil Mazdoor Union snd Muir Mills Go. Li. (1055 213 637) on whe can onsned f “Meamed’ ‘employee, Though the emplyeee in the case were ‘erate hrough a contactor, the deiails ef their wens et ‘Supervised iy th mil ands they wore considered employee ofthe rill. The decisive test war whacher the management had cove ‘measure ofontol over and could regulate the nea af ha enplagoe ‘ring the time he wes engage in doing tho work. tn Katey Reddiar and his workers 1966111 139) goldsmith wereemploned hy the gold merchant to propere jewels sper specfentons ged ‘ithina Fed tine, They were paid according tothe umber fone ropared by them. Control over the work sf tach goldsmiths ag {uainedby the person employing them Hones, they were conaered his workmon under the Indutsat Dispute Act ‘After the 1900 the courts brondaned the definition o workman, eld atthe tet of contel wasnt inte dais, and sehey testa for determining the roltlnship of employer-empoyee were equally important particlaryaapecs eating ts (ly cwserehg F tools) chances of prose (8) sak of se, ‘Under the Industria Dispstes Act, complains canbe rise by he workman under thé act in respect diemlsal dschongs, ‘aranchment In ff change in ervce cones sei sa losures. However, these complaints cannot be recy raid tne relation Oar ng a pat, i he Canta Da Ore rot i wo en te ere samanded vo abe, ure or indus ie mara st Preceding spy atthe ae con ee ft, centres ne TERe> eves apo etc nda howe cnt could ale pp prone sn an Pers ihe Cet serrmont eaeine ‘ienton i the fica gt this regi prorat tise ge PNY 80 eatahents in Bac a er otal natore is prt cretion i te conection i A ote it te wig ra Eine empl a ae er a pers Ree «een a SERRE send teste ‘ple te sod icles Deer aan at i ican geen el ee Sees ete a Seas “Eocene a 4 wos AD OnGANARATIONS I TH ONDA CTOH {ork on not involve profit or les. Nocommeaites are produced, Home-based workers can mabe ute ofthe Industria Disputes ‘Actonly titan beshown that they ars crployees ethos ees ‘Ther thy work ea “industy” Inte eae of demas aes {hare sot considred a emplayeas and the place that they wen, snot an “industry” as defined under the Taduatat Dae ae ee working in 2 co-op, howting ‘The majority af workers in India are outaide the snpe of most labour laws: The Government of india and ate goreraaney sr, foimprove the conditions of ertain watkers nat nered hee, {othe groupe understudy ‘The Minimum Wages Act, 1948: The Indian Paniament ‘oan to set minimum wages fr low wage unergnnind aca {19 leo rade forwhich tela would sprivase eet ‘na mhndule attached othe ac Ta helo ge ‘and governmental nits wore empwciaa fead rovdingntifeation. The Minimum Wages Actinteneea ne ‘egular payment of minimum rates of wages withost aca on ‘eduction to valerate employees to thet they wend Beco rae both ends meet However, deopto the policy othe legen “Mid and Cignt Workers (Conditions of Employment) Act 1068 Andther way in which the government het sheet ae ‘late 8 emplyment i through enacting legislation egos ‘sxcupation a inthe case athe Bid nnd Ciger Workers ace Me ‘edefiond employe, employs, and site of production to cover the ‘illons ode workers nnd Asari of we sale explltaticn ofthe motkersa number ofcommittens were cnstivted oye atosee ‘rorking condition of bu workers Legation was paced vera sates, but the industry ns highly mobile and moved fo arens where ‘regulations didnot apply. To prevent his practice central law ee seein 196, Eiployors challenged the nin he couts bates Sally uphold in the Supreme Cour in 1974 ‘Tho Bid Act contains provisions providing fo the regulation of the contrast eystem of work, icensing fide definition india Premises, and matters pertaining to healt, ure of werk, sect eriods overtime, and annual paid tae After the enactment fine Factories Act, he large bid factories spit up into wnllr nie ‘sve this law. A similar situation arose afer the enastneat of Bid Ac in 1908: tho emplayers switched to mo based workers Although the set spcielly extnds to howe bared warns he ‘forcement hat not been sntifactary. Employers have found way to creument the extremely wide teficitions of employeremployoe in the ack: Emplayers begat Intrdsee intermediaries whe were nether contricors eats ‘ontractrs The employers wold thetstarmedinnen tere mates and bought tack the nished product. The hdl werkers were eae to buy al he rae materials rom te intrmedities sod te se them the finished product. In this utvatson it was argued thao ‘ark transaction was involved and there was no questen ofan “employer employe relationship. Despite allthe problems th Bi Acts one af the only example qrhere the slate has tried to develop lglation on calf of oe bso worker After tho enactment ofthe Bid At tho tet of ctrl underwent drastic changve and was more broadly amore ‘ight be posible to amend this law tact thee pes oe sed worker [The Private Security Guards Board Selieme: Yet another sray in which the government ha sought ta repulate lS erpionnees {is through the cretion of boards which st uptrpatite committees that const of epreentatives frm labour, emplgers an testo and that arbitrate disputes fr that industry. Board have Doce {rented or aecrity guns, dock labour, al ahd theed bee srorkers. Asa cane ny we wl rely dosti the Security Genre x “The Private Sorurity Gust (Regulation of Employment and ‘Wotfare acu em ila enstence in IOBL Tes applicable tothe Stato Maharashtra Before te act, bout 250 gents ad agence store operting im Greater Dombay and Thano Districts, epulcly ippiyins peraons to work av sacurey guards to varhus etalish- Imesh eget of te loglsaton was to eliminata the mil men Sad to cross a pool of eeurity guards and to supply thom to the ‘leblshmonts hovugh's board eonattated for tht parpese. The ‘Security Guards Act mnie provisions extending the Workman [Compensation Act and the Paymont of Wage Act othe worker However, under te act dot acon to the court or reese of grovances i fridge, Ths act promdes for an interval grievance [rovodure quiring the Chur Roar bear Us foneorad fries, These admniatrativeintermadiarae normaly pass erdarin Foret the Bard and th emplaper Farther crvce of sseunty turd are femionted, there ara to immediate emouien Therohave foc my allgtions of aepotis and corupten within the board. ‘Time whe ae omar ae alloted work while thers have tow oe dager weoks and wien aaly given work are sero places Regulatory Polley and IS workers: At present pone ofthe leginletn dieasacd above applic tothe ve ocupations under lsuy- domestic workers, Ig amoupere, subcontract Workers, honawa and cherwomen- The fst thre groupsarecasualwage Workers and the last two re faiy-ased ‘sd ei employment ‘roupations, Thus diferent Iams are kel tobe neesssyto provide frotection snd nate to tne dferetty tuted ccupations. Forsubcontract workers (home based pec ato worker? there ars several pose First th exiting Ignition regulating ‘tinea wagts snd shops and etaiishments could be amended to {Tringioet home sod worersinto the parc othe las, Those ‘ho adveata tis stratpy argue that Is the simple option and TVettd enable voource to i soncntratd on eesting workers hoor hie nights: Others angus that there are 0 many problems ‘wih cuoting awe that oy law sed entirely on he nate of th Ghoplnyer-emplyesrelationhip nnd af the wor iter bomebased storkers would makeltensierowin cae for thre workers. The The euutd te moda onthe Bid Ast. The National Commision om Sai Employed Women resummended Gin option for homebased ‘workers hu sting up of ripertte Boards waded on the Private ‘stunt Gunde Scheme daseribod above Sram Shab (988: 130) 9 several romans for preferring tripartite boards toa protective Seite tr Blt Acta hoord would take ver reqponstity fr both plementation and enforcement; would do ara with the neces Sy of etablishing an employeremplayes relationship; i would able saurty sf employment; and st would give home-based worker esti “Although sweepers and domestic warkar are but casual wage ‘workers, logs trsegis forthe two groupe der becaure of the {Tifaront status ofthe employer i ach case, nthe came ofowecpere in peivete bulding, it asema that ence private fosng eee ‘deemed an industry by the cours, ten de existing labour laws wil Sooly to them. Such am extensien ofthe definition af indurey ie Cumenty being argued in the courts, Domest workers are one atoxary which donot nt any extended dentin abou laws nce thor is esental agrectont atm new aw ix nesesaary fr ‘For the Khanawalis and fsberbk — a self employed and {anally bose wertare- tutional nour leglaton be the ‘incep of a employer-empuyee relationship dos not apply. The fad of those groups of merkora revolve artund oa Insurance ‘rues means afcompensaion these worker are injured, become Hck, or da during their working years Boalth benefits, ada ng feosina-ond around iosden af small business — raw materi ‘atl, markets The fre eto aes ave yet oe addroecd in ‘comprehensive way or any of te Be groupe ofS workers sued, ‘The tooond act of teauor haa been addreesed by the poversment ‘hough it pan on cooperatives adn x ered programs forthe elt enplayeddiscaared eae wore in Use chapter Government Enquiries and Reports “Another way that dhe government has addressed the needs of cota catagories of IS workers ne been 10 sot Up euros 9 ‘Semisnions to nady the problems facing Uece groupe and ease ‘spores making recommendations. The etabliahent of th bees ‘ites tlt preors EES ap see BA Cat ‘epremtaives ofthe goverament are aware of Ue conditions that ‘these workers fue, Concrete action inay not emerge from the ‘commendations served by such bodies I fat simular rm ‘ations ineved by ase afcommisstns over tne inate a potters ‘ot government inaction, We shal rely describe the goverment “gules inte the conditions af sweepers and of donontc workar ‘Sweepers: Under the rubric of aolehing untiuchabity, a series Of wate and central government committee have been Sppoiniad since independence to leak intathe problems swenpers, ‘Tho fst commits, appoined by the Government of Bemy in 1849, and chaired by VIN. Barve, the Seavenger Living Conds Bnauiry Committee. ined tx report tn 185 and eubnoquent emmitteos in Bambay and Maharashtra state ncued the Malton ommiste in 1957, che Laud commits in 1879 and the Behaot fommitie in 194 (Vivek 1986). The Indian Governments Comma mer for Scheduled Casts and Schedsled Tries tose armas ‘eports which ioddeddixussan ofthe living and working cond ‘ont of sweepers, The National Commision of Labour appeted in 1960, consitated a Committe to Study the Working and Sori Conditions of Sweepers and Scavengers chaired by B Panta (National Commission on Labour 196), All of the roports made similar recommendations concerning ‘the working conditions, length af work day, wages, and benef af ssrepers, and th reports focaed smoattacasively on weeps iaplaved ty government bien Abslaing the practice of eareping ‘night ec” and providing unite and protective thing leaning pull alta were prominent themes ef the reports The "eportsadoentoinarporaingnwerpersas portanent government ployes, extending to them the provident fund and mployecs State Insurance benefits that applied to government workers, a bffering members of the sieeper communities oppreoitcn of “ipward mabity through edsestion and emplayment: The reports ‘vealed that progres in ahving these sbiectives was uncren fers the various states and oven aero murisipalties within ‘tate. / Domestic Workers: There are no central or state lews ep lating dametie workers However, there have ben sporadic eflrts 4 this direction Tn 1950 the Al India Dornntic Workers Union Spprosched the Prime Ministr vith demande fr extening the Minimam Wages Act, the Shops and Hetablshment Act and the Industrial Disptes Act to domerse worker, That yr abil was Antroducolin Parliament praying forthe retention of domestic orkers and therogulatonothoars wages an condtons fserie, Ibu i Tapod (Moen 1060) Luts mare npearstohavehappened atthe national eve ti ‘he 19804 whan several rganizations rived iemee, T1080 the ‘covmmsaneer AcrION Sie yen nda re See ee i eee Si Rem once cae ae need ra hr Se wid ah aca. ote te ial ut uae sentria Fate tpreereeareatet ha gi ernatteeemry tec fice ene cceceeretree tay name ee rs or cngear tg emer Soren ane say weiner alert sei ces etn, espana Sie etcetera etter ererment eoqures and commissions — concerning seep rs an ‘natc werhery — have sotried Sea Oke blest thene ooup, Hones he et ‘role eietaton ompbaing tc anita teat 1 sotto were To acing pon Se ec ndatonshavenotesemary id elawrartsineesain Se ete care foup under celta” hag eee ern fr manip evrnments have hed the ems oe {maize bt then wrking im private bung Rae ae ‘ar been opsatn ena te ules dee ees ‘A cooperative society canbe defined a a arsecntion in whic momtersriuntarly ata together to promote thir commen £0 ‘ome intaresta and distribute thelr curplus among thomod¥es ia ‘roportin to er contribution made forearing that eurpae Tyee 1000-1), Cooperatives wore fia introduced int nda by the Bee

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