Context

The Union Ministry of Corporate Affairs has sought feedback from stakeholders on the draft National Action Plan on Business & Human Rights by March 20, 2020.

Background:

• The fear of a woman’s sexuality and reproductive abilities has, throughout history, spurred religious texts and mythological epics.
• Man-made laws find ways to control and dominate a woman’s body. In the current context, not only religion but also the society attempts to do the same.
• Vaanavil Research Collective, a grass-root think-tank based out of Dindigul in Tamil Nadu, in February 2020 organised a consultation on ‘gender and business’.
• This was a part of the Union Ministry of Corporate Affairs’ (MCA) efforts to draft the NAPBHR.
• Workers and supervisors from textile mills discussed solutions to gender-related issues women faced at workplaces.

Analysis

Challenges faced by women workers:

• One of the many findings was that the companies provide women with painkillers to deal with menstrual pain. The painkillers cause irregularity in their periods and adversely affect their health. This finding reiterated what a Thomson Reuters Foundation study found a year ago. 
• According to workers, a day off every month denies them the wage for that day as well as a higher monthly rate — often; a ‘leave-free month’ has a higher wage rate than otherwise. 
• They also said they want only ‘extended rest hours’ and unrestricted access to toilets during menstruation, which are not allowed by companies.
• It cited hundreds of sugarcane farm workers being forced to remove their uterus so that they do not lose out on productivity in workspace during menstruation.
• The workers were not only denied paid leave for the hours they do not work but are also fined for their absence by the company citing additional work burden on other workers.
• The frequency of hysterectomies has increased. 
• Almost 10 years after a uterus-removal scam was first unearthed in Bihar, there is still no adequate legislative remedy for coercive uterus removal. This indicates complacency in the healthcare system in treating women’s health.
• The absence of toilets on farms and greater distance to toilets, because of which women workers refrain from repeated toilet breaks for fear of losing productive time are common feedbacks that women workers across value chains shared.
• At the outset, discussing menstruation in such work contexts is taboo. When it does get discussed, solutions stem from a lens of protection, rather than rights.
• Garment workers who attended the Vaanavil consultations said supervisors dismiss the idea of additional rest hours, saying it would entail a woman worker having to do the ‘uncomfortable’ task of informing her male supervisors that she is menstruating.
• The management takes refuge in societal factors to not provide solutions instead of coming up with progressive provisions that might also break the taboo.
• Girls living with disabilities, especially those with an intellectual disability, are often convinced or coerced for uterus removal to make their lives and those of their guardians more ‘comfortable’.
• The self-assurance with which the society exercises control over the bodies of women in general, and menstruating women in particular, derives from this patriarchal role of protection.

IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN IN INDIA

The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women.

CONSTITUTIONAL PROVISIONS

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equal protection of law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.

CONSTITUTIONAL PRIVILEGES

(i) Equality before law for women (Article 14)

(ii) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them (Article 15 (i))

(iii) The State to make any special provision in favour of women and children (Article 15 (3))

(iv)Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16)

(v) The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood (Article 39(a)); and equal pay for equal work for both men and women (Article39 (d))

(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article 39 A)

(vii) The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42)

(viii) The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation (Article 46)

(ix) The State to raise the level of nutrition and the standard of living of its people (Article 47)

(x) To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 51(A) (e))

(xi) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat to be reserved for women and such seats to be allotted by rotation to different constituencies in a Panchayat (Article 243 D(3))

(xii) Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women (Article 243 D (4))

(xiii) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a Municipality (Article 243 T (3))

(xiv) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may by law provide (Article 243 T (4))

LEGAL PROVISIONS 

To uphold the Constitutional mandate, the State has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support services especially to working women. Although women may be victims of any of the crimes such as 'Murder', 'Robbery', 'Cheating' etc, the crimes, which are directed specifically against women, are characterized as 'Crime against Women'. These are broadly classified under two categories.

 (1) The Crimes Identified Under the Indian Penal Code (IPC) 

• Rape (Sec. 376 IPC)
• Kidnapping & Abduction for different purposes ( Sec. 363-373) 

• Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC) 

• Torture, both mental and physical (Sec. 498-A IPC) 
• Molestation (Sec. 354 IPC) (vi) Sexual Harassment (Sec. 509 IPC) 
• Importation of girls (up to 21 years of age)

 (2) The Crimes identified under the Special Laws (SLL) Although all laws are not gender specific, the provisions of law affecting women significantly have been reviewed periodically and amendments carried out to keep pace with the emerging requirements. Some acts which have special provisions to safeguard women and their interests are: 

• The Employees State Insurance Act, 1948 
• The Plantation Labour Act, 1951 

• The Family Courts Act, 1954 

• The Special Marriage Act, 1954 
• The Hindu Marriage Act, 1955 
• The Hindu Succession Act, 1956 with amendment in 2005 

• Immoral Traffic (Prevention) Act, 1956 
• The Maternity Benefit Act, 1961 (Amended in 1995) 

• Dowry Prohibition Act, 1961 
• The Medical Termination of Pregnancy Act, 1971 
• The Contract Labour (Regulation and Abolition) Act, 1976 

• The Equal Remuneration Act, 1976 
• The Prohibition of Child Marriage Act, 2006  
• The Criminal Law (Amendment) Act, 1983 

• The Factories (Amendment) Act, 1986 

• Indecent Representation of Women (Prohibition) Act, 1986 
• Commission of Sati (Prevention) Act, 1987 
• The Protection of Women from Domestic Violence Act, 2005

SPECIAL INITIATIVES FOR WOMEN 

• National Commission for Women: In January 1992, the Government set-up this statutory body with a specific mandate to study and monitor all matters relating to the constitutional and legal safeguards provided for women, review the existing legislation to suggest amendments wherever necessary, etc. 
• Reservation for Women in Local Self -Government: The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensure one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas. 

• The National Plan of Action for the Girl Child (1991-2000): The plan of Action is to ensure survival, protection and development of the girl child with the ultimate objective of building up a better future for the girl child. 

• National Policy for the Empowerment of Women, 2001: The Department of Women & Child Development in the Ministry of Human Resource Development has prepared a “National Policy for the Empowerment of Women” in the year 2001. The goal of this policy is to bring about the advancement, development and empowerment of women.

Way Forward

• The Government should intervene and break the strand of patriachary by acknowledging and providing due solutions to the problems faced by women in their respective working space.
• The creation of National Action Plan on Business and Human Rights (NAPBHR) should include major Human Rights Issues and the execution should be done is in a progressive manner.