Legal Safeguards And Challenges To Women’s Rights At Workplace In India - A Constitutional And Statutory Analysis

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T20:32:05.399957+00:00

Updated: 2026-08-26T17:10:38.788+00:00

LEGAL SAFEGUARDS AND CHALLENGES TO WOMEN’S

RIGHTS AT WORKPLACE IN INDIA: A CONSTITUTIONAL

AND STATUTORY ANALYSIS

Aakriti Kumar LL.M., Department of Law, Dr. Harisingh Gour Central University Sagar

(M.P)

ABSTRACT

This research paper “Women’s Rights at Workplace: A Legal Study” presents a comprehensive analysis of the constitutional, statutory and judicial rights of working women in India. Although the Indian Constitution has provisions like Articles 14, 15, 16, 39(d) and 42 to protect the interests of women and labour laws like Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, Maternity Benefit Act, Equal Remuneration Act ensure safety and equality at the workplace, yet their effective implementation is surrounded by many practical challenges. This research has made it clear through judicial perspective (Vishaka vs State of Rajasthan, Air India case etc. ) that the Indian judiciary has been playing an important role in protecting the rights of women.

Apart from this, challenges like informal sector, social stereotypes, lack of awareness and institutional inaction have also been identified. The research concludes with suggestions that highlight strict enforcement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, awareness campaigns at workplaces, strengthening of monitoring mechanisms and promptness of judicial process. This study not only reviews the legal framework, but also provides guidance towards practical reforms. Keywords: Women’s Rights, Workplace Harassment, Gender Equality, Sexual Harassment of Women at Workplace Act, 2013, Maternity Benefit Act, Equal Remuneration Act, Indian Constitution.

Introduction Women and men are two integral parts of the society and two wheels of the chariot which are equal to each other and there is no difference between them. This is confirmed by the Vedic period's provisions where women and men had equal rights. Women used to participate in yagyas and acquire education and the courtesans mentioned in Arthashastra also used to pay taxes which shows that they were financially capable. But from the post Vedic period, the socio-economic condition of women started declining. Which gave birth to patriarchal ideology, women's education suffered, and ultimately, they were confined within the four walls of the house. From the 19th century, reforms of Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, etc. brought changes in the society.

In the 20th century, women were taking new steps in the field of education and employment, this was also the beginning of the concept of women empowerment. And they were getting new opportunities. Indian women started contributing to art, literature and politics, like Sarojini Naidu, Kamini Roy, Begum Rukaiya Shekhawat Hussain etc. promoted women's education. After the independence of India, the Constitution of India and various laws gave women various rights to education and work. Along with this, the Constitution of India and other provisions also provide women many rights at the workplace. Which are necessary for women empowerment and establish equality in the society. In the 21st century, there has been a rapid increase in the social and economic participation of women. Women are no longer limited to domestic roles, but are making their presence felt in every field.

But at the workplace, they have to face many types of inequalities, sexual harassment, remuneration discrimination, unsafe work environment and other problems. The purpose of this research paper is to analyse the legal rights available to women at the workplace, their implementation and judicial protection. Background and significance Women have always played an important role in Indian society, but their participation in formal workplaces is a relatively recent development. Women's participation in the workplace has increased with industrialization, urbanization and the spread of education.

Despite this, women face problems such as sexual harassment, wage inequality, neglect of maternity rights, threat of dismissal and unsafe environment at the workplace. In such a situation, it becomes necessary to ensure an environment for women at the workplace that not only protects their honour and dignity, but also provides them equal opportunities and rights. The Constitution of India and many labour laws are making efforts in this direction, but their implementation in practice remains a big challenge. The background of this research is inspired by the need to deeply review these problems and the legal framework created to deal with them. • Importance- This study is important because • Legal awareness- This research makes women aware of their legal rights, so that they can raise their voice against discrimination or harassment in the workplace.

• Helpful in policy making- This research helps the government and lawmakers to understand where the current legal framework needs improvement. • Highlighting judicial approach- This study analyses various historical and important judicial decisions and shows how the judiciary has played an active role in protecting the rights of women. • Promoting gender equality- This research clarifies the need for gender equality at workplaces and its legal basis. • Highlight on informal sector- This research also brings to the fore the problems of women who work outside the organised sector, where legal protection is minimal. International Perspective-

1. Declarations and Treaties of the United Nations-

The United Nations is an international organization established in 1945. The United Nations and UN organs are giving importance and respect to the issues faced by working women.

These efforts by the UN are very important in enhancing the welfare and security of women across the world. Women related issues are already dealt with by the UN through the following means: a. Division for Advancement of Women (DAW)- Based on the equality vision of the UN Charter, the Division for Advancement of Women (DAW) works for gender equality and the empowerment of women as equal partners and beneficiaries of sustainable development, human rights and peace and security. In collaboration with governments, other entities of the UN system and civil society including non-governmental organizations, DAW works to advance the global agenda on gender equality and women’s human rights issues and to ensure that women’s voices are heard and their priorities and concerns are fully integrated into all international policy areas. b.

International Research and Training Institute for the Advancement of Women (INSTRAW) - was a special United Nations agency established with the objective of improving the status of women worldwide, promoting their empowerment, and bringing them into the mainstream of development. It was established in the year 1976, when the need to institutionalize international efforts on women's empowerment was felt during the first World Conference on Women held in Mexico City in 1975. Its headquarters were located in Santo Domingo city of Dominican Republic. This institution worked in areas such as research, training and policy advice for women. The main objective of INSTRAW was to conduct scientific research to improve the social, economic and political status of women and to formulate policies and programmes based on these research findings.

This organization conducted training programmes in many developing countries regarding women empowerment, so that women could be strengthened in areas related to leadership, technical skills, health, education and economic self-reliance. Apart from this, INSTRAW developed an international data bank and reporting system to compile statistics and information related to women, so that reliable information could be made available to policy makers. c. Office of the Special Adviser on Gender Issues and Progress of Women (OSAGI) - The main function of OSAGI was to incorporate gender perspective in policy making, guide governments and UN agencies to strengthen the status of women, and promote women's

participation at all levels. This office worked in all those areas where women were marginalized socially, economically and politically. Under this, the concept of “gender mainstreaming” was institutionalized, that is, the needs of both women and men should be taken into consideration equally in every policy, project and plan of the United Nations. d. United Nations Development Fund for Women (UNIFEM)- The United Nations Development Fund was a special institution of the United Nations, which was established in the year 1976 with the aim of protecting the rights of women, their empowerment and promoting gender equality. The main objective of UNIFEM was to increase the participation of women in social, economic and political fields, and to give them equal opportunities in the decision-making process.

UNIFEM provided funds, technical assistance and advice to improve the status of women in developing countries. This organization worked specifically on issues such as violence against women, inequality in education, obstacles in access to health services, and lack of economic opportunities. It worked with national governments, non-governmental organizations, and local communities to develop policies and programmes for women. In 2011, UNIFEM merged with other UN women-related entities to form a new entity, UN Women. In 2010, the United Nations General Assembly created a new consolidated entity called UN Women, merging OSAGI, INSTRAW, UNIFEM, and DAW. The United Nations General Assembly established UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women.

By doing so, UN Member States took a historic step in accelerating the organization's goals on gender equality and the empowerment of women. UN Women was created as part of the UN reform agenda, which mobilizes resources and mandates for greater impact.

2. Universal Declaration of Human Rights-

Universal Declaration of Human Rights is an important international document of human rights in which the basic rights like dignity of the person, equal rights of men and women, peace and justice have been confirmed. • According to Article 23, “Everyone has the right to work,” which includes free choice of work, equal pay and respect at the workplace.

Apart from this, the right to equal pay for equal work • There is no distinction between women and men in this, which makes it clear that women are equally entitled to employment.

3. International Covenant on Civil and Political Rights 1966 –

The foundation of the International Covenant on Civil and Political Rights is the Universal Declaration of Human Rights 1948. Its objective is to create such favourable conditions so that everyone can enjoy their civil, political and economic, social and cultural rights. These documents make the following provisions with respect to women- • Article 3 states that States shall guarantee to men and women the equal enjoyment of all the rights and freedoms set forth in this Covenant. • Article 26: Equality before the law and protection from discrimination – It explicitly prohibits discrimination based on sex.

4. International Covenant on Social, Economic and Cultural Rights 1966-

Article 6: Right to work – It guarantees freedom of work, equality of opportunity and opportunity for technical training. • Article 7: Fair and favourable working conditions – It includes equal remuneration, dignified conditions at work. • Article 3: Right to women and men to equally enjoy all the rights set forth in the Covenant.

5. Elimination of all forms of Discrimination against Women 1979-

As mentioned in Articles 1 to 55 of the Charter of the United Nations, one of the objectives of the United Nations is to achieve human rights and fundamental freedoms without genderbased discrimination. Discrimination against women is against human dignity and welfare of society and is an obstacle to the full use of the capabilities and potential of women. In this direction, the United Nations General Assembly passed the Declaration on the Elimination of All Forms of Discrimination against Women on 7 November 1967, which

guarantees women rights without any discrimination in every field. Finally, on 18 December 1979, the United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women. This is an important international document guaranteeing rights to women. Article 11: Ensures equality of employment, equal pay, social security, maternity protection, promotion opportunities and working conditions to women. • It directs the state to ensure that women can work without any kind of discrimination.

6. International Labour Organization treaties and recommendations –

1. ILO Convention No. 100 Equal Remuneration Convention, 1951- Ensuring equal pay for

equal work to men and women. 2.ILO Convention No. 111 Prohibition of Discrimination Convention, 1958- Eliminating gender discrimination in employment and occupation. 3.ILO Convention No. 156 Family Responsibilities Convention, 1981- Providing equal opportunities to women with family responsibilities. 4.ILO Convention No. 183 Maternity Protection Convention, 2000- Providing protection of pregnancy, maternity leave and health. 5.ILO Convention No. 190 Protection Treaty, 2019- Protection of women from violence and harassment at the workplace. 9.ILO Convention No. 3, 1919 This was the first treaty on maternity protection, which was later expanded by Convention No. 183.

7. Fourth World Conference on Women, Beijing 1995- The aim of the conference was

to advance the interests of women, empower them and inculcate leadership qualities in them so that they can also play an equal role as men at higher levels. United Nations Sustainable Development Goals 2015- The United Nations Sustainable Development Goals, 2015 are directly and indirectly related to working women, the details

of which are as follows- • Goal 5: Gender Equality • Goal 8: Decent Work and Economic Growth • Goal 4: Quality Education • Goal 10: Reduce Inequalities Indian Legal Framework- Workplace Rights of Women under the Constitution of India- Article 14: Right to Equality- Article 14 is based on the principle of equality and prohibits all forms of discrimination on any grounds. It mandates that people who are in equal position should be treated equally. This guarantee applies to women as well and no discrimination can be made on the basis of being a woman. Women have been given equal status as men and no discrimination can be made against them. Also, considering the age-old discrimination against women and their adverse position, they have been given special rights and the government can make special laws for them if needed.

Article 15: Prohibition of Discrimination on the Basis of Sex- Article 15 is another provision which is important and it aims to establish equality for women and it contributes to the empowerment of women. Under this article, no discrimination can be made on the basis of sex and secondly, the state can make special laws which are necessary for the empowerment of women. Article 16: Equal Opportunity in Public Employment- Article 16 provides that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (2) states that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

Thus, clauses (1) and (2) of Article 16 lay down the general rule of equality in State employment.

Article 21 is a fundamental right of the Indian Constitution which provides protection of life and personal liberty to every individual. It does not only mean the right to live but also the right to live with dignity. This right is closely linked to the rights of working women. Respect, safety and equality for women at the workplace is an essential part of their dignity of life, and is protected under Article 21. The Supreme Court clarified in the case of Vishaka vs. State of Rajasthan that sexual harassment at workplace is a violation of the right to life and dignity of women. Based on this, it becomes the responsibility of the state to provide women a safe and respectable workplace, facilities related to maternity, health services and a discrimination-free environment.

Article 39 - Some policy elements to be followed by the state In the above article, mainly clauses (a), (d), and (e) are the provisions related to the rights of women at the workplace. (a): Right to adequate means of livelihood for men and women equally. (d): Equal pay for equal work for both men and women. (e): The health and strength of male and female workers and the tender age of children should not be misused and citizens should not be forced by economic necessity to take up such jobs which are not suitable for their age or strength. Article 42: Responsibility of the state for maternity protection - It directs the state to make such laws that ensure just and humane conditions at the workplace and provide for maternity. It puts the duty on the Central and State Governments to apply the principle in making laws related to maternity benefits and working conditions in factories etc.

Its objective is to create such working conditions that every employee is motivated to work efficiently. It also aims to ensure maternity benefits for women workers so that they can take leave from work during delivery without worrying about losing their jobs. Major Labor Laws and Women's Rights-

A) Maternity Benefit Act, 1961-

Maternity Benefit Act, 1961 was enacted in the Indian legal system. The main objective of this Act is to provide financial assistance, health protection and employment guarantee to women employees during pregnancy, delivery and the time thereafter. This Act provides important facilities to women like maternity leave, medical bonus, protection from retrenchment by the employer, and rest for breastfeeding. Over time, several important amendments have been made to the Act, such as increasing maternity leave from 12 weeks to 26 weeks (2017 Amendment), making the law more practical and pro-women. The Act also promotes gender equality at the workplace and frees women from the fear of losing their jobs during maternity leave.

The Act is in line with the spirit of Article 14 (Right to Equality), Article 15 (Prohibition of Gender Discrimination), and Article 42 (Provision of Maternity Relief by the State) of the Indian Constitution. It also reflects India’s commitments to documents such as CEDAW (Convention on the Elimination of all Forms of Discrimination Against Women) accepted at international forums. B) Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act,

(POSH Act)- The Protection of Women from Sexual Harassment at Workplace Act, 2013 (POSH Act) aims to provide a safe environment for women at workplaces from sexual harassment. The Act gives a detailed definition of sexual harassment and defines ‘workplace’ broadly to include private and public sectors, non-governmental organisations, domestic workplaces and temporary places. The Act mandates every institution with 10 or more employees to constitute an Internal Complaints Committee (ICC). Where ICC cannot be formed, a Local Complaints Committee (LCC) is formed at the district level. The victim has the right to lodge a complaint within 3 months of the incident, which must be resolved by the committee within 90 days. It is mandatory for all parties to maintain confidentiality in this process.

The Act ensures protection of the victim from retaliation or intimidation and places the responsibility on employers to spread awareness, conduct training, and adopt preventive measures. Each committee has to submit an annual report to the District Officer. There is also a provision for fines, cancellation of license or other legal action against employers who violate the Act. This Act is an important legal step to ensure a safe, respectful and equal work environment for women.

C) Equal Remuneration Act, 1976-

The Equal Remuneration Act, 1976 aims to provide equal pay and opportunity to men and women for equal work. Under this Act, it has been ensured that there is no discrimination in salary, bonus, allowances or service conditions on the basis of gender of any employee. This Act clarifies the following main points: • Male and female employees should get equal pay for equal work. • There should be no gender-based discrimination in any recruitment, promotion, training or transfer. • The government can appoint inspectors who will monitor the compliance of this Act. • Violation of the Act may result in punitive action against the employer. • This Act applies not only to government but also to private sector institutions. This Act is an important legal measure to promote gender equality and justice at the workplace.

D) Factories Act, 1948-

Factories Act, 1948 is an important labour law of India, which aims to regulate the health, safety, welfare and working conditions of workers employed in factories. This Act applies to those institutions where 10 or more workers work with machines, or 20 or more workers without machines. Under the Act, it has been ensured that there is proper arrangement of cleanliness, ventilation, clean drinking water, toilets etc. in the factory. For the safety of workers, protective arrangements of machines, fire safety and emergency evacuation measures have been made mandatory. For welfare, it is necessary to provide canteen, rest room, crèche (nursery) and first aid facilities. According to the Act, adult workers can work a maximum of 9 hours per day and 48 hours per week.

Special provisions for women and adolescents such as prohibition of night work and ensuring a safe environment are also included in it. Apart from this, government inspectors are appointed to monitor the compliance of this Act in factories. It is mandatory for every factory to obtain registration and license from the state government. This Act protects the interests of workers

and is an important step towards providing them a safe, healthy and dignified working environment. E) Mines Act, 1952- The purpose of the Mines Act, 1952 is to protect the health, safety and

welfare of workers working in mines. This Act applies to all types of mines such as coal, mineral, metal mines etc. It ensures that workers working in mines have access to a safe working environment, clean air, light, emergency evacuation measures, and protective equipment. The Act limits working hours for workers, and provides for weekly holidays. There are special safety provisions for women and adolescents, such as pregnant women are not allowed to work in mines and night work is prohibited. Also, inspectors appointed under the Act can inspect mines to ensure compliance with the law. The Mines Act prioritises the safety and welfare of workers and provides minimum safety rights to those working in hazardous environments.

Role of Judiciary- In the case of Vishaka vs State of Rajasthan, the Court held that any act of sexual assault or harassment is a violation of the right to life and personal liberty and should be viewed with utmost seriousness. It is a violation of the fundamental right of the victim and the aggrieved woman can resort to a writ under Article 32 of the Constitution. The court highlighted that safe working environment is required to avail fundamental rights and the legislature is duty bound to provide safe working environment to working women. In the case of KP Madhavi vs State of Kerala, the court held that termination of service on the ground of pregnancy is against the fundamental rights, dignity and respect of a woman. In the case of Vasantha R vs Union of India, Section 66(1)(b) was challenged on the ground that it limits the right of women to work.

The court held that women should be free to work in any shift they wish. But in the case of Leela vs State of Kerala, the ban on night working of women workers was challenged. The court held that the ban on night duty is justified for the safety and health of women. State of Punjab vs Jagjit Singh the court held that if the work is equal, contract workers should also get equal pay. The case strengthens the legal protection of equal pay for both

male and female contract workers. The court said that 'equal pay for equal work' is a constitutional right under Articles 14 and 39(d) of the Constitution and the state cannot escape this principle. The judgment broadens the principle of equal remuneration and ensures the right to equal pay to all workers, including women, irrespective of their category. Government schemes for promotion and protection of rights of working women in India- • Mahila Samridhi Yojana, 1993 • Rozgar Assurance Yojana 1993 • Shram Shakti: Report of National Commission on Self-Employment of Women in Informal Sector • Rajiv Gandhi Creche Yojana for Children of Working Women • Assistance Scheme for Expansion of Day Care Centre and Hostel • Udyogini Yojana • SIDBI Udyami Nidhi • One Stop Centre Scheme (Sakhi Kendra) • Pradhan Mantri Rojgar Srijan Karyakram Challenges in implementation of laws-

1. Lack of legal awareness

A large number of women in India, especially women from rural, backward areas or workers

working in informal sector are not aware of their legal rights. They do not know where and how to complain against sexual harassment, or whether they have the right to maternity leave or not.

2. Neglect of informal sector

About 90% of women workers in the country are working in informal sector (such as domestic work, agricultural labour, construction work etc.). In these areas, neither the POSH Act or other labour laws are followed nor the monitoring mechanisms are in place. The situation of these women is extremely insecure.

3. Weak implementation of POSH Act

Under the POSH Act, 2013, made to prevent sexual harassment at workplace, it is mandatory to form an Internal Complaints Committee (ICC) in all the institutions. But in many institutions, it is either not formed or remains inactive just to fulfill the formality. This makes it difficult for the victimized women to get justice.

4. Fear and hesitation in reporting

Women are afraid to report sexual harassment or discrimination because they fear retaliation, termination, defamation or social stigma. This “blame the victim” mentality forces women to remain silent.

5. Lengthy judicial process and lack of evidence

In many cases, the process of getting justice is long, complex and mentally exhausting. Also, in cases like sexual harassment at the workplace, there is little direct evidence, making it difficult to prove a crime.

6. Weakness of institutional inspection system

Organizations that monitor compliance with labor laws, such as Labor Inspectors, are often understaffed or corrupt. This leads to neglect of women’s rights, especially in private and small organizations.

7. Cultural and social mindset

Women are still seen in a “secondary role” in many workplaces. There are fewer women in leadership positions. Gender bias and conservative attitudes prevent them from moving forward.

Conclusion and Analysis- While analysing the status of women's rights at workplace in India, it becomes necessary to study official statistics. In this section, the actual status of women's safety and rights at workplaces has been analysed mainly on the basis of data and reports released by institutions like National Crime Records Bureau (NCRB), National Commission for Women, and ILO and a survey conducted through Google Forum.

1. Sexual Harassment Cases (According to NCRB 2022–2023)

According to the NCRB report, incidents of sexual harassment at workplace are continuously coming to the fore. In 2022, a total of 422 cases were registered in India under the category of "sexual harassment of women at workplace". NCRB data also shows that this number is limited to the cases being reported, while this number can be many times higher on the ground. In a survey conducted among 105 working women, 98 out of 105 women answered the question whether they faced sexual harassment at the workplace, out of which 88.8 percent did not face sexual harassment at the workplace while 11.2 percent did. Therefore, it can be said that this clearly shows that despite the implementation of POSH Act, workplaces have not become completely safe for women.

2. Status of implementation of POSH Act (National Commission for Women Report,

2022) The survey conducted by the National Commission for Women revealed the following facts: Internal Complaints Committee (ICC) was not constituted in about 36% of private companies. Of the companies in which ICCs were present, 42% of the committees held regular meetings and training sessions. 101 out of 105 women have answered this question, out of which 73.3% women have an internal complaints committee in their workplace and the remaining 26.7% do not have it in their workplace. The presence of a complaint committee in most workplaces is a major success towards the implementation of important provisions of the Act.

3. Gender inequality at the workplace (ILO, 2021–22)

According to the International Labour Organization (ILO) report: Only 20% of women in India are part of the labour force, which is much lower than the world average. About 60%

of working women work in the unorganized sector, where there is neither employment security nor guarantee of legal rights. Despite the same work, women receive an average of 19–25% less salary than men. This makes it clear that women have not yet fully got not only security but also equality and respect at the workplace. On the question of equal pay for equal work, 102 out of 105 women answered, out of which 60. 8% women say that equal pay is given for equal work while 39. 2% do not. This problem is more severe in the unorganized sector. Key Findings: • Incidents of sexual harassment remain a serious problem. • Compliance with the POSH Act is uneven and inadequate. • Legal protection is almost non-existent in the informal sector. • Gender pay gap still persists in the unorganised sector.

Laws such as the Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013, the Maternity Benefit (Amendment) Act, 2017, and the Equal Remuneration Act have provided legal protection to the dignity, safety and equality of women at the workplace. In addition, decisions given by the Supreme Court and High Courts have interpreted these laws and made them more effective. These developments make it clear that due to the joint role of law and judiciary, a safe and respectful workplace environment is being created for women. But there are still discrepancies in some places, differences exist, there is a state of discrimination, but this is insignificant compared to the positive changes brought about by these legal efforts, to correct which, along with legal changes, change in social mindset is also equally important.

Gender sensitivity should be promoted at workplaces through education, training and awareness campaigns. The positive initiative is that many corporate institutions, government bodies and startups have adopted favorable policies for women employees, which set inspiring examples. This proves that collective efforts can make the workplace more inclusive for women.

Suggestions for the protection of women's rights-

I. Legal Reforms

The punitive provisions in the POSH Act should be made more stringent, legal action along with financial penalty should be made mandatory against those institutions which do not form ICC or show laxity in the hearing process. • The informal sector should also be brought under the ambit of legal protection, a separate act should be made for domestic workers, agricultural labourers, women engaged in construction work or these should be included by amending the POSH Act. •

A new law to ensure gender equality at the workplace, fair evaluation system for equal

pay, promotion and equality in opportunities should be made legally binding. • The time limit for action under the POSH Act should be made mandatory, at present there is no concrete result if the time limit of 90 days is not followed. In such a situation, automatic cognizance should be taken on violation of the time limit. • Establishment of Legal Aid Cell, free legal aid should be available for women in every big institution.

II. Administrative Improvements

Independent monitoring system of Internal Complaints Committee (ICC), a monitoring body should be formed under the local women's commission or labour department to check the functioning of ICC. • Gender audit of workplaces should be made mandatory, once a year all institutions have to certify that they are maintaining a safe and sensitive environment for women. • Training on POSH and labour laws should be made mandatory; all employees and officers should be given regular training on laws related to women's rights. • Establishment of fast-track tribunals, special courts or fast track tribunals should be established for quick resolution of workplace harassment cases.

Administrative accountability should be fixed, if the rights of a woman have been violated due to the negligence of any government department or officer, then personal accountability should be fixed on him.

III. Societal Interventions

Social awareness campaigns on gender equality, public awareness programs on women's rights and respect should be run at school, college, workplace, gram panchayat level. • Promotion of women leadership, women should be given leadership roles in workplaces so that their participation in policy making increases. • Awareness through media and films, programs based on dignified image and rights of women should be encouraged in mass media. • The role of men should be linked positively, gender equality is not only a women's issue, it is also necessary to change the mindset of men. For this, men should also be given gender sensitization training. • Women's safety committee at village and ward level, especially in rural areas, women's safety committees should be formed at the local level which spread information about laws like POSH to the people.

Conclusion The legal framework for providing rights to women at the workplace in India is effective, but real improvement depends on its effective implementation, administrative readiness and social participation. It is not enough to just make laws, but it is necessary that society, government and institutions together create an environment where women can work without fear, without discrimination, and with full dignity. Gender equality and safety at the workplace is not just the need of women, but of an inclusive and progressive India.

References Judicial Decisions

1. Vishaka v. State of Rajasthan, (1997) 6 SCC 241.

2. Air India v. Nargesh Meerza, (1981) 4 SCC 335.

3. K.P. Madhavi v. State of Kerala, 2005 SCC OnLine Ker 69.

4. Vasantha R. v. Union of India, 2001 (1) LLJ 843 (Mad).

5. Leela v. State of Kerala, 2004 (3) KLT 953.

6. State of Punjab v. Jagjit Singh, (2017) 1 SCC 148.

Statutory Laws

1. The Constitution of India, 1950.

2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, No. 14 of 2013, India Code (2013).

3. The Maternity Benefit Act, No. 53 of 1961, India Code (1961).

4. The Equal Remuneration Act, No. 25 of 1976, India Code (1976).

5. The Factories Act, No. 63 of 1948, India Code (1948).

6. The Mines Act, No. 35 of 1952, India Code (1952).

International Instruments and Conventions

1. Universal Declaration of Human Rights, art. 23, G.A. Res. 217A (III), U.N. Doc.

A/810 (Dec. 10, 1948).

2. International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S.

171.

3. International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993

U.N.T.S. 3.

4. Convention on the Elimination of All Forms of Discrimination Against Women,

Dec. 18, 1979, 1249 U.N.T.S. 13.

5. ILO Convention No. 100, Equal Remuneration Convention, 1951.

6. ILO Convention No. 111, Discrimination (Employment and Occupation)

Convention, 1958.

7. ILO Convention No. 156, Workers with Family Responsibilities Convention, 1981.

8. ILO Convention No. 183, Maternity Protection Convention, 2000.

9. ILO Convention No. 190, Violence and Harassment Convention, 2019.

10. Beijing Declaration and Platform for Action, Fourth World Conference on Women,

Sept. 1995.

11. United Nations Sustainable Development Goals, U.N. Doc. A/RES/70/1 (Oct. 21,

2015). Reports and Government Documents

1. National Crime Records Bureau, Crime in India 2022, Ministry of Home Affairs,

Government of India.

2. National Commission for Women, Report on Implementation of POSH Act, 2022.

3. International Labour Organization, India Wage Report: Wage Policies for Decent

Work and Inclusive Growth, 2021. Books and Secondary Sources

1. Basanti Lal Babal, Mahila evam Bal Vidhik Suraksha (3rd ed. 2020).

2. S.P. Gupta, Law Relating to Women and Children (Central Law Agency 2018).

3. The Lawyer's Collective, Sexual Harassment at Workplace: A Guide for Women's

Rights Activists (2014).

4. P.S. Narayan, Sexual Harassment of Women at Workplace: Law & Practice (Asia

Law House 2015).