LawWise Perspective - India

Introduction As a nation, we must not remain passive bystanders to instances of sexual harassment and gender-based discrimination against women in the workplace. The right to earn a livelihood with dignity and in a harassment-free environment is a fundamental human right, acknowledged by the Indian Constitution. To address this, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013, inspired by the Supreme Court's landmark judgment in Vishaka vs State of Rajasthan Sexual harassment encompasses various unwelcome behaviors of a sexual nature, including physical advances, demands for sexual favors, suggestive remarks, displaying explicit material, or any other inappropriate conduct. When such acts occur in contexts where victims fear repercussions at work, it can lead to humiliation and safety concerns. Discrimination arises when objections to harassment result in professional setbacks like recruitment or promotion disadvant...

  INTRODUCTION The employment system of inter-state migrant workers is rife with exploitation across many states. Contractors, known as Sardars, often recruit laborers from different states and deploy them elsewhere without ensuring basic working conditions. This setup facilitates various forms of abuse. Despite promises made by Sardars during recruitment regarding monthly settlement of wages based on piece-rate calculations, these assurances are frequently unfulfilled. Interstate migrant workers typically lack literacy, and organization, and often toil in harsh conditions. Given these challenges, both administrative and legislative measures are essential in the states of origin and destination to effectively safeguard them from exploitation. The Act encompasses the following key provisions: (i) It applies to establishments with five or more inter-State migrant workers currently employed or hired within the past twelve months, as well as contractors who employ or have empl...

INTRODUCTION Men have historically held a dominant position over women in society. This inequality was evident even at the time of Independence, prompting the constitutional framers to address it, particularly as they opted for a democratic republic as the governing system. Over the years, there has been a gradual increase in the employment of women, accompanied by significant shifts in gender-specific roles. Traditionally, women were often viewed as less productive than men, with a prevailing belief that their dedication to family and household duties superseded their commitment to work. Economic dependence has been a primary factor contributing to women's limited bargaining power, often leading employers to undervalue their contributions and maintain unequal wage rates. To address these issues, various legislative measures have been enacted, including the Workmen's Compensation Act, Payment of Wages Act, Factories Act, Minimum Wages Act, Equal Remuneration Act, Maternity Bene...

INTRODUCTION Bonded labor, identified and condemned as a prohibited practice in numerous international treaties and Indian laws, involves a system of coerced or partially coerced labor wherein a debtor is presumed to have made an arrangement with a creditor. This agreement leads to the following outcomes: 1. Rendering services to the creditor, either directly or through a family member, for a specific or unspecified period without pay or with minimal wages. 2. Forfeiting the freedom of mobility. 3. Surrendering the right to own or sell the products or property generated from one's own labor or the labor of family members. This definition is outlined in the Bonded Labour System (Abolition) Act of 1976. The practice of bonded labor arises from various forms of indebtedness prevalent among economically disadvantaged, exploited, and vulnerable segments of society. Referred to by different names such as Begar, Sagri, Hali, Jeetham, etc., the system of bonded or forced labor has deep-se...