+ Follow
Photo by Gourav Chandel: Pexels

ABSTRACT: Gender inequality remains a pervasive issue in the labour market, particularly within the non-organized sector, where women constitute a significant portion of the workforce. This paper explores the intricate relationship between gender inequality and economic insecurity faced by women working in non-organized sectors. Women in these sectors, which often include agriculture, domestic work and informal trades, experience numerous challenges, including low wages, lack of job security and limited access to social protections. Despite their critical contributions to family and community economies, these workers frequently operate outside formal labour laws, leaving them vulnerable to exploitation and discrimination.

The paper examines the systemic factors contributing to this plight, such as deeply entrenched patriarchal norms, socio-economic barriers, and inadequate policy frameworks that fail to address the unique needs of women in non-organized labour. It also highlights the role of globalization and economic shifts that have intensified the precarity of these jobs, further exacerbating gender disparities.

Additionally, it discusses the coping strategies employed by women to navigate economic insecurity, including collective action through informal networks and participation in self-help groups. While these efforts demonstrate resilience, they also underscore the urgent need for comprehensive policies that promote gender equity and safeguard the rights of women in non-organized sectors. Ultimately, addressing gender inequality in these labour markets is essential for fostering economic stability and empowering women. This paper aims to shed light on the challenges faced by women in the non-organized sector while advocating for targeted interventions that enhance their socio-economic status and well-being, ultimately contributing to a more equitable society.

"Women in the informal economy typically earn less, have fewer benefits, and face greater risks of violence and exploitation compared to their male counterparts in similar jobs" - International Labour Organisation (ILO)2

INTRODUCTION

This research paper analyses pregnancy benefits in the informal economy, a significant and frequently forgotten aspect of labour law, with an eye on the Indian context. The difficulty of providing work opportunities for everyone in a country experiencing significant population expansion has stretched the capabilities of both the public and commercial sectors. Due to its ability to absorb and support an important percentage of the labour force, unorganized labour has become a dominant force. Women workers constitute a strong presence in this enormous and diverse sector, frequently making up more than half of the workforce. While unorganized business provides a wide range of economic operations, it also exposes women to a number of unique difficulties and serious issues that are less common in the regulated industry. A sector that is not formed by the government and lacks clear and consistent working conditions is referred to as an unorganized sector. In this sector, no laws or regulations are enforced by the government. Due to the lack of affiliation or certification requirements, it is relatively easy to enter such a sector. The informal sector is another name for the unorganized working population. It covers a broad range of economic endeavours and positions that are distinguished by the lack of set working hours, official contracts, and availability of social security benefits. It is possible to comprehend the definition and verification of the disorganized working sector by looking at India's legal system and related statutes. The Disorganized Employees' Social Security Act of 2008 in India contains a definition pertaining to the unorganized working sector. A home-based worker, a self-employed worker, a wage worker, or a worker in the farming industry, whether paid or unpaid, is referred to as an unorganized worker in accordance with Section 2(m) of the Act. This concept encompasses a wide range of labourers involved in various economic activities include domestic labour, small-scale manufacturing, street vending, and agricultural labour. The Act highlights the need to address particular challenges that affect these individuals by permitting the creation and execution of social security programs for unorganized workers. It is significant to note that other jurisdictions and nations may have different standards for defining and authenticating the unorganized working sector. To define and govern the informal and unorganized sector, each nation may have unique legal framework and definitions. For a complete and accurate knowledge of the definition and identification of the informal working sector, it is crucial to look to the specific laws and legal regulations applicable to the relevant jurisdiction. First off, unlike the organized sector, which is more likely to have safety regulations and labour laws, the unorganized sector frequently lacks these elements. Given this, female workers are left exposed to being exploited and abused at work and have few options for pursuing justice. Women workers are especially prone to economic instability due to wage differences, lengthy work hours, not enough policy implementation, and problems finding work.

Second, women workers in the unorganized sector are more vulnerable to unstable working conditions due to a lack of written contracts and employment benefits. Women who must manage work and family duties in an unorganized workforce face a substantial problem due to their lack of maternity compensation such leaves, those are a given right within work environment. Thirdly, prejudice and stigma in society make it even harder for women to succeed in the informal economy. Women are particularly exposed to the problem of sexual misconduct in the unorganized sector due to the absence of institutional regulations and protective procedures, which is exacerbated by a lack of education and awareness. A multifaceted strategy is needed to overcome these obstacles. Governments must enact and uphold labour regulations that safeguard the rights and welfare of female employees in unorganized industries. In addition to efforts to guarantee safe working conditions, this includes provision for maternity advantages, equal pay for the same job, and programs to raise awareness of women's rights. Overall, despite playing an essential part in creating employment possibilities, unorganized labour in developing nations poses particular difficulties for women workers.

CONDITION OF WOMEN IN THE UNORGANISED SECTOR

The condition of women in the unorganised sector is often characterized by a range of challenges and vulnerabilities. This sector includes a vast array of jobs that are not regulated by formal labor laws, such as domestic work, agriculture, street vending, construction, and informal services. Here are some key points highlighting the situation:

1. Prevalence of Informal Employment: 

A significant portion of women workers is employed in the unorganised sector. They often lack job security and formal employment contracts, making them more susceptible to exploitation.

2. Low Wages: 

Women in this sector typically earn lower wages compared to their male counterparts, often due to gender discrimination and the lack of bargaining power. This disparity is exacerbated by the prevalence of piece-rate work, where payment is based on output rather than time worked.

3. Lack of Social Protection: 

Women in the unorganised sector frequently do not have access to social security benefits such as health insurance, maternity leave, or retirement plans. This lack of protection leaves them vulnerable during periods of illness or maternity.

4. Poor Working Conditions: 

Working conditions in the unorganised sector are often unsafe and unhealthy. Women may face long hours, lack of basic amenities, and exposure to hazardous materials without proper protective measures.

5. Limited Access to Education and Training: 

Many women in the unorganised sector have limited education and skills training opportunities. This hampers their ability to secure better jobs and improve their economic status.

6. Gender-Based Violence: 

Women in the unorganised sector may face harassment and violence in the workplace, whether from employers, clients, or fellow workers, without adequate legal recourse.

7. Work-Life Balance Challenges: 

The intersection of domestic responsibilities and work commitments can be particularly challenging for women, often leading to a "double burden" of unpaid domestic labour and paid work.

8. Collective Action and Organising: 

Despite these challenges, there are efforts to organise women workers in the unorganised sector to advocate for their rights, better wages, and working conditions. Women’s cooperatives and unions have emerged in many regions, seeking to empower women economically and socially.

Overall, the condition of women in the unorganised sector reflects broader issues of gender inequality and economic vulnerability. Addressing these challenges requires comprehensive policy interventions, legal protections, and support systems to promote women's rights and improve their working conditions.3

Lack of equal Opportunities of Employment and Wages

Women in the unorganized sector are often not given equal opportunities in employment and wages due to the lack of protective labour mechanisms and protections. Women, while being subjugated to more than one form of oppression during employment, also have to cope with the gender disparities and discrimination directed towards them. In the context of social security, workers' rights, and the right to employment, women in India face numerous challenges in achieving stable incomes and equal worker rights. Despite legal provisions aimed at promoting gender equality, women continue to face discrimination and unequal treatment in the workplace. Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, employers are required to contribute to the provident fund for the benefit of employees. However, women often face barriers in accessing and claiming these benefits due to various reasons, including lack of awareness, biased attitudes, and patriarchal practices. The Unorganized Sector Workers Act, 2008, as previously stated, defines unorganized sector workers and mandates the central government to formulate health and maternity benefit schemes. Yet, it still excludes many women working in the unorganized sector, such as agricultural labourers, seasonal workers, domestic helpers, and construction workers. Moreover, despite the existence of labour laws such as the Equal Remuneration Act, 1976, which aims to ensure equal pay for equal work, women often face lower wages and limited job opportunities compared to men. This wage gap is rooted in gender biases and stereotypes, leading to economic insecurity for women and hindering their ability to achieve stable incomes. Furthermore, women in India face significant challenges in exercising their right to employment due to prevailing societal norms and cultural biases. The lack of access to education, skills training, and limited job opportunities further exacerbate their struggle for economic stability and financial independence. While programs like MGNREGA have played a crucial role in providing temporary employment and mitigating income inequalities, they are not comprehensive solutions to the broader issues faced by women in the labour force. The challenges extend beyond the duration of such programs and necessitate a more holistic approach to address the systemic barriers that persist. Additionally, MGNREGA offers 100 working days per household, an opportunity that is often exploited by male members, leaving less or no scope for female labourers to work upon. To address these challenges, it is crucial to raise awareness among women about their legal rights, strengthen legal provisions to protect women from discrimination and harassment at the workplace, and promote equal access to employment opportunities and social security benefits. Additionally, the effective implementation and enforcement of existing laws are vital to rectify the gender disparities and ensure a fair and inclusive working environment for women.

Absence Maternity Benefits in the Unorganized Sector

Women's sexual and reproductive health is a fundamental human right, encompassing various rights, including the right to life, freedom from torture, access to healthcare, privacy, education, and freedom from discrimination. In the context of India, the Supreme Court has recognized the importance of reproductive rights under Article 21 of the Constitution, which guarantees the "protection of life and personal liberty." A critical aspect of women's reproductive rights includes the concept of maternity leaves. Maternity provisions stand as the necessary basis for youth-dominant developing nations like India. Still, women employed in the unorganized sector face unique challenges related to maternity benefits. They often continue working in harsh conditions until the final days of pregnancy, posing potential risks to their health and that of their unborn children. The lack of resources and job security forces them to return to work shortly after childbirth, even when their bodies may not permit it. Addressing these challenges, several government schemes and policies aim to provide assistance to women during maternity periods, such as the Maternity Benefit Act, 1961 (MB Act). However, certain limitations of this act have acted to exclude women working in the unorganized sector from utilizing its benefits. For instance, continuous employment for 80 days in the twelve months preceding delivery, a requirement of the MB Act, is often unfulfilled by women employed in the unorganized sector due to the nature of their work. Similarly, the Maternity Benefit Programme, 2017 (MBP), aims to provide cash assistance to pregnant women below the poverty line and seeks to incentivize women to take rest after delivery. However, MBP only covers the first live birth, rendering women with more than one live birth ineligible. Additionally, despite eligibility, beneficiaries often face delays in the disbursement process by government agencies. The unorganized sector remains a crucial source of employment in India, particularly for women. However, the lack of adequate maternity benefits, including job security, paid leave, and the right to return to work, poses significant challenges4. While government schemes aim to address these issues, there are notable shortcomings in their implementation and coverage. Urgent reforms are needed to ensure that pregnant and lactating women in the unorganized sector receive the benefits they are entitled to without delays or legal intervention.

Sexual Harassment in the Unorganized Sector

In the context of the unorganized sector in India, women not only grapple with inadequate maternity benefits but also face heightened vulnerability to sexual harassment. The absence of proper legal safeguards and mechanisms for recourse makes this issue even more pressing. Women labourers in the unorganized sector often find themselves in precarious work environments where they lack job security and have little bargaining power. This power imbalance can lead to situations of sexual harassment that go unchecked and unaddressed. In many instances, women endure such harassment out of fear of losing their jobs or facing retaliation. Furthermore, the socio-economic challenges faced by women in the unorganized sector, including poverty and limited access to education and healthcare, make them more susceptible to exploitation and harassment. The lack of awareness about their rights and the absence of support systems exacerbate their vulnerability. Government initiatives like the Vishakha Guidelines, although making strides towards the protection of working women from sexual harassment, failed to encompass issues relating to women in the unorganized sector. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013, an improvement over the previous Vishakha Guidelines, marked a significant step towards addressing sexual harassment issues, extending its protection to women in unorganized sectors. However, its real impact and effectiveness failed to create a safe workplace for women in the informal sector due to the instability and uncertainty of work. These issues related to sexual harassment are evident in numerous instances throughout the Indian subcontinent. Incidents like the sexual harassment, rape, and murder of Jeyasre Kathirvel, a 20-year-old female worker in the unorganized sector in Tamil Nadu, are not uncommon in the scope of the unorganized sector. Such cases reveal the vulnerabilities and difficulties faced by women engaged in the unorganized sector for making a livelihood. Additionally, Section 14(1) of the, Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, places the burden of proof on the complainant, which is often hard for women to establish, especially given the social stigma, societal pressure, and fear of losing employment associated with the lack of education and awareness. The labour landscape in developing nations, particularly in the unorganized sector, presents a myriad of challenges for women. From unequal employment opportunities and wages to inadequate maternity benefits and the scourge of sexual harassment, women in this sector face formidable obstacles. To effect meaningful change, a combination of legal reforms, awareness campaigns, and empowerment initiatives is imperative. Only through collective efforts can we hope to create a more equitable and just working environment for women in these critical sectors.

MEASURES ADOPTED BY THE GOVERNMENT TO ALLEVIATE THE POSITION OF THE UNORGANISED SOCIETY 5

The data on Employment and Unemployment is collected through Periodic Labour Force Survey (PLFS) conducted by National Statistical Office (NSO), Ministry of Statistics & Programme Implementation (MOSPI). As per the latest PLFS report available for the year 2019-20, the percentage of female workers engaged in proprietary and partnership (P&P) enterprises (including the informal producers’ cooperatives, largely considered as informal sector enterprises) among workers in usual status (Principal Status + Subsidiary Status) engaged in non-agriculture sector is 56.5.

Government has taken various steps to improve women’s participation in the labour force and quality of their employment. A number of protective provisions have been incorporated in the labour laws for equal opportunity and congenial work environment for women workers. These include enhancement in paid maternity leave from 12 weeks to 26 weeks, provision for mandatory crèche facility in the establishments having 50 or more employees, permitting women workers in the night shifts with adequate safety measures, etc. Employment of women in the aboveground mines including opencast workings has been allowed between 7 p.m. and 6 a.m., and in below ground working between 6 a.m. and 7 p.m. in technical, supervisory and managerial work where continuous presence may not be required.

The Equal Remuneration Act, of 1976 provides for payment of equal remuneration to men and women workers for the same work or work of a similar nature without any discrimination and also prevents discrimination against women employees while making recruitment for the same work or work of similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer. The Equal Remuneration Act, 1976 now subsumed in the Code on Wages, 2019 provides that there shall be no discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of similar nature done by any employee. Further, no employer shall make any discrimination on the ground of gender while recruiting any employee for the same work or work of similar nature in the conditions of employment, except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.

To enhance the employability of female workers, the Government is providing training to them through a network of Women's Industrial Training institutes, National Vocational Training Institutes and Regional Vocational Training Institutes.

The government has implemented several measures to address the challenges faced by women in the unorganized sector. Here are some key initiatives:

1. Skill Development Programs: 

Various skill development initiatives aim to enhance women's employability in the unorganized sector. Schemes like the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY) focus on providing vocational training to rural youth, including women.

2. Financial Inclusion: 

The government has promoted financial literacy and access to credit through initiatives like the Pradhan Mantri Jan Dhan Yojana, which aims to provide banking facilities to unbanked populations, including women in the unorganized sector.

3. Social Security Schemes: 

The government has introduced social security measures such as the Employees’ Provident Fund (EPF) and the Employees’ State Insurance (ESI) schemes. While these primarily cover organized sector workers, there are efforts to extend similar benefits to women in the unorganized sector through various schemes.

4. Self-Help Groups (SHGs):

The National Rural Livelihoods Mission (NRLM) promotes the formation of SHGs, which empower women by providing them with opportunities for savings, credit, and income generation activities.

5. Microfinance Support: 

The government encourages microfinance institutions to lend to women entrepreneurs in the unorganized sector, facilitating access to capital for small businesses.

6. Awareness and Advocacy: 

Initiatives to raise awareness about women's rights and legal entitlements aim to empower women in the unorganized sector. Campaigns focus on issues such as workplace harassment and labour rights.

7. Policy Frameworks: 

The government has developed policies aimed at protecting the rights of women workers in the unorganized sector, such as the Unorganized Workers’ Social Security Act, 2008, which seeks to provide social security to unorganized workers.

8. Market Access and Promotion: 

Initiatives to provide market access to women artisans and entrepreneurs in the unorganized sector help them gain visibility and sell their products effectively.

These measures collectively aim to improve the economic conditions, rights, and overall empowerment of women working in the unorganized sector.

CONSTITUTIONAL PROVISION FOR WOMEN IN THE UNORGANIZED SECTOR

The Constitution of India provides several provisions that indirectly support the rights and welfare of women in the unorganized sector. Here are key constitutional provisions relevant to this context:

1. Fundamental Rights:

  • Article 14: Guarantees equality before the law and equal protection of the laws, ensuring that women are treated equally in the workforce.
  • Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This provision supports women’s rights to work without discrimination.
  • Article 21: Guarantees the right to life and personal liberty, which can be interpreted to include the right to work in a safe and dignified environment.

2. Directive Principles of State Policy:

  • Article 39(a): Directs the State to secure the right to an adequate means of livelihood for all citizens, promoting employment opportunities for women in all sectors.
  • Article 39(d): Ensures equal pay for equal work for both men and women, emphasizing gender equality in wages.
  • Article 42: Directs the State to make provisions for securing just and humane conditions of work and for maternity relief, which is particularly relevant for women workers.

3. Social Justice Provisions:

Article 46: Promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of society, which includes women from these categories working in the unorganized sector.

4. Legislative Framework:

Although not strictly constitutional, various laws have been enacted under the framework of the Constitution to protect the rights of women in the workforce, including those in the unorganized sector. Examples include:

The Unorganized Workers’ Social Security Act, 2008, which provides social security and welfare measures for unorganized workers.

The Maternity Benefit Act, 1961, which provides maternity benefits to women in the organized sector and has provisions for extending these benefits to the unorganized sector through subsequent amendments.

These provisions collectively create a framework that aims to protect and empower women working in the unorganized sector, promoting their rights, welfare, and social justice.

CONCLUSION AND SUGGESTIONS

Women's struggles in an unorganized economy exist within social conventions and are instigated by a lack of legal safeguarding and economic disadvantage. All these challenges unite to form barriers against women's advancement. These include low job opportunities, unequal pay, minimal maternal health benefits, and increased susceptibility to sexual harassment.

This challenge has been fueled by societal values reinforcing gender discrimination, thus hindering women's access to work and economic opportunities. The prevalent biases that deny opportunities to women's advancement in their careers also manifest such things as biased perceptions, social expectations, and traditional gender roles. These issues necessitate a coordinated endeavour by all parties, including challenges of deep-rooted cultural perceptions towards achieving gender parity and a working environment conducive to supporting men's involvement in caregiving roles. Poor laws also exacerbate problems for women in the informal economy. Several pieces of legislation address workers' rights, but their implementation is not uniform, with inconsistency exposing females to abuse and discrimination in the workplace. Steps like strengthening laws and their proper implementation are necessary to give equal opportunities and fair treatment to the women working in the unorganized sector. Addressing these challenges necessitates a multifaceted approach that combines legal reforms, awareness campaigns, and empowerment initiatives. Here are some specific suggestions to address these issues and promote social equity for women in the unorganized sector:

1. Strengthen Legal Provisions: 

There is a need to strengthen legal provisions that protect women's rights in the unorganized sector. This includes reviewing and amending existing laws to ensure they are more inclusive and effective in addressing the unique challenges faced by women.

2. Promote Awareness: 

Comprehensive awareness campaigns should be launched to educate women in the unorganized sector about their legal rights, including equal pay, maternity benefits, and protection against sexual harassment. Accessible information should be provided through community-based programs and digital platforms.

3. Empowerment Initiatives: 

Empowerment initiatives, including skills training and financial literacy programs, should be developed to enhance women's economic independence and decision-making abilities. These programs can help women access better employment opportunities and manage their finances effectively.

4. Strengthen Implementation: 

Government agencies responsible for implementing labour laws and social security programs should ensure efficient and transparent processes. Timely disbursement of benefits and effective enforcement of laws can significantly improve the situation for women in the unorganized sector.

5. Legal Aid and Support: 

Establishing legal aid clinics and support systems specifically tailored to the needs of women in the unorganized sector can help them seek redress for grievances, including cases of sexual harassment. These resources should be easily accessible and sensitive to the challenges faced by these women.

6. Change Social Norms: 

Addressing the deeply ingrained societal norms and cultural biases perpetuating gender discrimination is essential. Community-based initiatives and advocacy campaigns can challenge stereotypes and promote a more inclusive and equitable society.

To address these multifaceted challenges, a comprehensive approach is imperative. This approach should encompass various stakeholders, including government agencies, employers, civil society organizations, and women. It requires collaborative efforts to introduce gender-sensitive policies, implement stronger legal protections, provide access to skill development and entrepreneurship opportunities, and foster a supportive work culture that embraces diversity and inclusivity.

By dismantling discriminatory norms, strengthening legal safeguards, promoting economic empowerment, and ensuring a safe and inclusive work environment, we can pave the way for a more equitable and just working environment for women in the unorganized sector. This comprehensive approach is essential to empower women, break the cycle of inequality, and harness the full potential of this critical workforce.

.    .    .

REFERENCES:

Discus