Women & Workplace

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At Abhilasha, we believe in a future where women are able to access equal protection and legal remedies. Our mission is to encourage women empowerment and justice through a movement of people who know how to use and shape the law. Our advocacy is inspired by our interactions and experiences with women and children. Here are a few of the issues we’ve discussed previously:

Issue: Sexual Harassment at the Workplace

In light of the landmark Supreme Court judgement in Vishaka & Ors. v. State of Rajasthan, certain mandatory guidelines were laid down that addressed the issue of sexual harassment of women at the workplace. These guidelines were later enacted though the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Today, various judicial pronouncements along with the Act and allied rules contribute to the development of a safe and secure workplace for women.

Issue: Termination on the Grounds of Maternity

Maternity benefit and medical bonus for women is secured under the Maternity Benefit Act, 1961. When combined with recent judicial pronouncements, certain important principles are established:

  • Employers cannot discharge or dismiss a woman from her services if she is absent from work in accordance with the provisions of the Act.
  • Employers cannot discharge or dismiss a woman for taking maternity leave, nor serve a termination notice during such leave which expires before the maternity leave ends.
  • Employer cannot change the terms of service to a woman’s disadvantage during her maternity leave.
  • Employers must pay maternity benefit and bonus according to the Act to any woman lawfully discharged or dismissed during pregnancy unless it is for gross misconduct.

Issue: Concerns Regarding Fair and Equal Pay

Even today, women continue to face discrimination in terms of promotions, growth opportunities and remuneration. However, the Equal Remuneration Act, 1976 guarantees the right to equal pay to both men and women, especially in the case of factories and labour-oriented industries.

Issue: Discrimination on the Basis of Gender

Discriminating against or denying employment on the grounds of gender is against the spirit of equality enshrined in Article 14 of the Indian Constitution. A few practical examples of such discriminatory treatment includes:

  • Compelling retirement after attaining a certain age, or due to marital status or conceiving a child.
  • Prioritizing elements such as height, appearance, youth, glamour, over capabilities and achievements.