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Abstract

Women laborers form an important part of the labor workforce in India; however, not all are recognized, not many are protected, and very few are treated equally to men. The Equal Remuneration Act of 1976 clearly states that persons doing “same work or work of a similar nature” are not to be discriminated against on the ground of gender. The Factories Act of 1948 has special provisions for women workers pertaining to washrooms, changing rooms, creches, and work hours. The Maternity Benefit Act of 1961 entitles a woman, inter alia, to twenty-six weeks of paid maternity relief. The protection given to women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 is also of vital importance for women workers in India. The laws prima-facie seem to be protecting the rights of women workers, but a deeper analysis of their effectiveness is required to take the concerns of women into account. It is to be noted that one of the areas of concern is the amount of unpaid labor put in by women in Indian households and home industries, which remains unrecognized. This paper offers a feminist analysis of labor legislation affecting women laborers in India from the perspective of women and their rights. Also analyzed are the various schemes of the Government of India pertaining to welfare and empowerment of women, various international instruments, and international labor standards. The research methodology used is a combination of analytical and critical research. Pay parity and equality in opportunity, recruitment, promotion, transfer, and facilities at the workplace are a few pertinent steps towards the amelioration of the conditions of women laborers in the country. The ultimate goal is to address the issues which need to be resolved for women workers to exercise their rights at par with the other labor categories. These issues are significant and have far-reaching implications. This research has found that the Indian legal framework with respect to protection of rights of women laborers is quite progressive and in tandem with the changing needs and requirements of the time. However, the implementation of these schemes in true letter and spirit is the real challenge that lies ahead.

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