Synergy between Part III and Part IV

facilitating gender parity in Labour Laws

Chitra Jha
3rd Year (6th Semester), A
Roll No:- 59
Introduction
• Main areas of discussion have been: While
• Socially constructed gender roles More than half of undergraduates in 2018-19 were women
• Biological differences between the genders
• Decent work and workplace.

• The Beijing platform for action 1995: But,

• Promoting women’s economic independence
less than 25% of the formal labour market constitutes of women.
• Promoting employment of women in rural areas
• Eradicate the persistent and increasing burden of
poverty through changes in economic structure.

• The UN Millennium Development Goals:

• Full and productive employment and decent work.
• Guaranteeing social protection in formal and informal
workplaces.
• Remove structures which promote feminized poverty.
 Women in trending portfolios Women in informal sector
Men Women Men Women

88 82 83
85 74
74 65 64
65 65 61
63 61 60 54
57 48 47
40 43 36 35
37 39
35 35 30
26
15 13
12 7

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Labour Laws and Constitution of India [Part III]

Fundamental Rights
• Article 14 : Equality before Law
• Randhir Singh vs Union of India

• Article 15&16 : Prohibition of discrimination on religion, race, caste, sex or

birthplace
• Vasantha R. vs Union Of India (UoI)

• Article 19 (1) (C) : All citizens shall have the right to form associations or Unions
• Tamil Nadu Textile and Common Laborers Union (TTCLU)
Article 23 : Prohibition of traffic in human beings and forced labour
• Neerja Chaudhury vs The State of M.P.
Labour Laws and Constitution of India [Part IV]

Directive Principles of State Policy

• Article 39 : Equal resource sharing, gender equality, decency of work and child welfare

• Article 41 : Right to work and education and in public assistance

• Article 42 : Maternity relief and human condition

• Article 43 : Participation of workers in industries management

Gender Justice and Labour Laws
Source: Constitution of India, ILO Recommendations, Conventions

• The Factories Act, 1948

• The Employees State Insurance Act, 1948

• Maternity Benefit Act, 1961

• The Equal Remuneration Act, 1976

• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,

2013
Conclusion

• From a study of data, a four-fold challenge rises up

 Requirement to reduce the number of women laborers in the informal sector

 Requirement to guarantee decent and safe workplace

 Encourage women interested in male dominated fields

 Provide equal pay with higher focus in required in rural areas

• The Fundamental Rights guaranteed under 19 (1) (C) allow women to
unite, whereas Article 14, and 23 seek to empower these causes.

• Part IV of the Constitution allows pressure to be laid on local politicians to

enshrine and embellish Article 39, 41, 42, and 43 in their policies.

• It allows for legislation to sandbox at a local level like the Bombay

Maternity Benefit Bill in 1929, which can later transform into a Central Act.
Thank You