Vous êtes sur la page 1sur 23

Dr.

RAM MANOHAR LOHIYA NATIONAL LAW


UNIVERSITY, LUCKNOW

SUBJECT: LABOUR LAW

TOPIC-WOMEN IN UNORGANISED SECTOR

SUBMITTED TO:-

SUBMITTED BY:-

Mr. Prasenjeet Kundu


Prof. Of Law
RMLNLU

Abhisht Hela
Semester IXth
Roll no.- 07

You can tell the condition of a nation by looking at the status of its women.
- Jawaharlal Nehru

'Give me good mothers and I will give you a good nation'


- Napoleon Bonaparte

TABLE OF CONTENTS

INTRODUCTION

THE UNORGANISED SECTOR-WOMEN WORKERS

PROBLEMS FACED BY WOMEN WORKERS IN UNORGANISED SECTOR.

LAWS RELATING TO WOMEN IN UNORGANISED SECTOR:o


o

THE SECOND NATIONAL COMMISSION REPORT.


UNORGANISED SECTOR LABOUR AND AGRICULTURAL WORKERS BILL

o
o
o

2006.
BILL ON SOCIAL SECURITY FOR UNORGANISED SECTOR
THE BEEDI AND CIGAR WORKERS ACT 1966
THE BUILDING AND CONSTRUCTION WORKERS ACT 1966

GIRLS IN UNORGANISED SECTOR

AGRICULTURAL AND CULTIVATION

ACTIONS AND REMEDIAL STRATEGIES TO PROTECT WOMEN.

CONCLUSION

BIBLIOGRAPHY.

INTRODUCTION
Seven percent of Indias labour force is employed in the organised sector, which includes all
public sector establishments and all non-agricultural establishments in private sector with 10 or
more workers. While 93% is employed in the unorganized sector. The unorganized / informal

employment consists of causal and contributing family workers; self employed persons in unorganized sector and private households; and other employed in organized and unorganized
enterprises that are not eligible either for paid, sick, or annual leave or for any social security
benefits given by the employer. The largest numbers of informal workers are in agriculture. In
fact, 98.84 percent of the employment in agriculture is informal. In the non-agricultural sector,
the highest numbers of informal employees are in retail trade, construction, land transport,
textiles etc.
Thus, the unorganized sector plays a vital role in terms of providing employment opportunity to
a large segment of the working force in the country and contributes to the national product
significantly. The contribution of the unorganized sector to the net domestic product and its share
in the total NDP at current prices has been over 60%. In the matter of savings the share of
household sector in the total gross domestic saving mainly unorganized sector is about three
fourth. Thus unorganized sector has a crucial role in our economy in terms of employment and
its contribution to the National Domestic Product, savings and capital formation.
As is known to all, status of women has been a topic of an endless discussion for decades and
alongside these discussions; women have been discriminated against and exploited for centuries.
Although geographically men and women share the same space, they live in different worlds.
The mere fact that Women hold up half the sky- does not appear to give them a position of
dignity and equality. According to a report of the United Nations published in 1980Women
constitute half of the world population, perform nearly two-thirds of work hours, receive one
tenth of the world income and own less than two percent of worlds property.
Statistically speaking, 70% of the 1.2 billion people living in poverty are female1. Women do
more than 67% of the hours of work done in the world2 yet earn only 10% of the worlds
income3; and own only 1% of the worlds property4. Women are paid 30-40% less than men for

1 Source: http://www.comminit.com/BaseLineArchives/sld-36.html.
2 Source: UN statistics.
3 Source: The Human Development Report, 1995.

comparable work on an average5 and hold between 10-20% managerial and administrative jobs6.
Approximately 67% of the worlds 875 million illiterate adults are women7
Although efforts have been taken to improve the status of women, the constitutional dream of
gender equality is miles away from becoming a reality. Even today, the mainstream remains
very much a male stream. The dominant tendency has always been to confine women and
womens issues in the private domain. The traditional systems of control with its notion of what
is right and proper for women still reigns supreme and reinforces the use of violence as a means
to punish its defiant female offenders and their supporters. Hence it is of no surprise when the
National Crime Records Bureau (NCRB) predicted that the growth rate of crimes against women
would be higher than the population growth rate by 2010. According to NCRB Crime in India,
2002 the following crimes were committed against women in India.

Rape16,373 women were raped during the year; 45 women were raped every day; 1
woman was raped every 32 minutes. An increase of 6.7% in the incidents of rape was
seen between 1997-2002

Incest 2.25% of the total rape cases, were cases of incest.

Sexual Harassment 44,098 incidents of sexual harassment were reported; 121 women
were sexually harassed every day; 1 woman was sexually harassed every 12 minutes. An
increase of 20.6% was seen in incidents of sexual harassment between 1997-2002

Importation of girls/Trafficking 11,332 women and girls were trafficked; 31 women


and girls were trafficked every day; 1 woman or girl was trafficked every 46 minutes

Nearly one-third said the perpetrator had been a father, grandfather or male friend of the family.
4 Source: http://www.comminit.com/BaseLineArchives/sld-36.html.
5 Source: http://www.comminit.com/BaseLineArchives/sld-818.html
6 Source: UN statistics.
7 Source: http://www.undp.org.in/webbook/Enlrg-spc-wmn-india.htm.

Thus, it is needless to say that even with the modernization of the world, even with the
realization of the importance of equality and even with the patronization of Human Rights, the
position of women has not come to par with the status of men. She is still the week and helpless
from the two sexes. In this paper the focus is primarily on the laws made to protect female
labourand the status of women in unorganized and organized sector.

The Unorganised sector: Women Workers


In the unorganised sector, we have to deal with workers who are engaged in a variety of
occupations or employments, ranging from those like forest workers, tribals trying to follow
traditional vocations within their traditional habitats, and fishermen who venture out to sea in
vulnerable canoes, to those who are working in their homes with software, or assembling parts
for a highly sophisticated product. Many of them are victims of invisibility. The laws or welfare
systems that we propose for them cannot be effective unless they themselves are conscious of the
laws, and acquire the strength to ensure that laws are brought into force; unless there are
effective means to implement, monitor and provide quick redress; unless breaches of the law are
punished with deterrent penalties, and unless the organs of public opinion and movements and
organisations mount vigil, and intercede to ensure that the systems are acted upon.
The first National Commission on Labour, under the Chairmanship of Justice Gajendragadkar,
defined the unorganised sector as that part of the workforce who have not been able to organise
in pursuit of a
(a)casual nature of employment,(b) ignorance and illiteracy, (c) small size of establishments
with low capital investment per person employed, (d) scattered nature of establishments and (e)
superior strength of the employer operating singly or in combination. The Commission
listedillustrative categories of unorganised labour: These are: (i) contract labour including
construction workers; (ii) casual labour; (iii) labour employed in small scale industry; (iv)
handloom/ power-loom workers; (v) beedi and cigar workers (vi) employees in shops and
commercial establishments; (vii) sweepers and scavengers; (viii) workers in tanneries; (ix)
tribal labour; and (x) other unprotected labour .

The National Commission on Self-Employed Women, set up in 1987 under the Chairpersonship
of Smt. Ela R. Bhatt, included in their terms of reference, the women workers in the unorganised
sector.
In formalization is often seen as a double edged sword: in the informal sector, workers lack both
entitlement to fair wages and other benefits, and at the same time in a labour surplus context
lacking security of employment and basis for unionisation, the workforce is increasingly
disempowered. This condition is further worsened for the female workers who are faced with
more difficulties in addition to the difficulties they have to face being a part of the unorganised
sector.
Women in the unorganized sector receive little workplace protection. It is a matter of concern
that though various steps are being taken and a slow, but steady process initiated for protection of
women at workplace in the organized sector, the same cannot be said for the unorganized sector.
Women daily wageworkers in the unorganized sector are more vulnerable to exploitation than
women in the organized sector for two key reason- lack of awareness of their rights and poverty.
Casualisation of womens employment has received particular attention. It is generally
acknowledged that globalization has opened some new avenues of employment for women, such
as in export zones but low wages ,insecurities and complete lack of organizational strength have
characterized the quality of employment.
It yet needs to be underlined that the critical issues of womens deprivation revolve around
questions such as unequal wages, lack of maternity benefit , discrimination in the workplace
,lack of child care facilities. while there are ILO guidelines and various National legislations on
equal pay for equal work ,these remain unimplemented . Furthermore the trade unions have been
unable or have declined to address these issues and to promote females as leaders in their
organization as a basis for a more focused drive on these issues.

PROBLEMS FACED BY LABOURES IN UNORGANIZED SECTOR:


Firstly, that the unorganised sector is growing at an alarming rate, where majority of the workers
are left with no social security to fall back upon during contingencies and old age. Secondly, that
the existing legal and protective frames have become inadequate to address the issues of
unorganised sector workers. Thirdly, in view of the growing fiscal deficit scenario, the
governments (both at the centre and in the states) also find it extremely difficult to sustain even
the existing social security measures, which are currently being provided to only about 7 per cent
of the workforce in organised occupations .
Fourthly the

lower real wages and poor working/living conditions. Further, the excessive

seasonality of employment (especially in the farm sector), preponderance of casual and


contractual employment, atypical production organisations and work relations, absence of social
security measures and welfare legislations, negation of social standards and worker rights, denial
of minimum wages and so on. Poor human capital base (in terms of education, skill and training)
as well as lower mobilisation status of the workforce further add to the vulnerability and weaken
the bargaining strength of workers in the unorganised sector. Thus, the unorganised sector has
become a competitive and low cost device to absorb labour, which cannot be absorbed
elsewhere, whereas any attempt to regulate and bring it into more effective legal and institutional
framework is perceived to be impairing the labour absorbing capacity of the unorganised sector.

ADDITIONAL PROBLEMS FACED BY WOMEN IN UNORGANIZED SECTOR:


In addition to all the problems enlisted above which these additional problems faced by women
in unorganised sector only worsens the condition which is already bad. Women are exploited in
organized and unorganized sectors. Particularly women from the weaker sections in the
unorganized sector become victims of harassment. In organized sector the service conditions and
salary is not discriminatory, but the mental torturing and other contributing factors in service
benefits women are most often secluded in the name of their familial role. In unorganized sector
women are often getting low wages and have to work in very unhygienic environment. They are
unable to bargain for the very reason that they are needy and submit to such harassment due to
the economic insecurity. The other fear is that if they raise their voice, their employability gets
adversely affected.
Ironically, the trade unions and other organizations are headed by men and in key positions. The
women are from economically backward families need the income to support their basic needs.
Having said that, the women are unable to risk their jobs and fight for the cause of another
woman, who may be the victim of sexual harassment. Hence, they are unable to be united on this
burning issue. Large majority of women do not get even what they are stipulated to get or what
they are legally entitled to get. they are frequently required to work overtime .Insecurity of work
is also one of the major problems ,verbal and sexual abuse ,lack of maternity and other leaves
,absence of toilet and crche facilities , these are some of the major problems faced by women in
unorganized sectors. These problems are very common in industries like the garment industry
where this misery underpins the production of high fashion garments sold in chic stores in first
world and worn by the middle and upper class women who pay for a single dress a price that
would exceed several times the monthly income of the female who made them.

Laws Relating to Unorganised Sector


Legislations like the Workmens Compensation Act, 1923; the Minimum Wages Act, 1948; and
the Maternity Benefit Act, 1961; the Contract Labour (Abolition and Prohibition) Act, 1970 the
Building andOther Construction Workers (RECS) Act, 1996; the Building and Other
Construction Workers Welfare Cess Act, 1996 etc. Are directly or indirectly applicable to the
workers in the unorganised sector also.

The Second National Commission report:

The Second National Commission on Labour (NCL), constituted by the Government in 1999
dealt with the social security concerns of unorganised sector in a detailed manner. One of the six
special study groups constituted by the commission was on social security and in its final report
submitted in 2002, the Commission provided detailed recommendations towards strengthening
the social security system in the country.
THE NLC Report says that in specific terms, the objectives of the legislation will have
to be:
a) To obtain recognition for all workers in the unorganised sector.
b) To ensure a minimum level of economic security to these workers.
c) To ensure a minimum level of social security to these workers.
d) To facilitate the removal of the poverty of these workers.
e) To ensure future opportunities for children by eliminating child labour.
f) To encourage formation of membership based orgnisations of workers including
Trade Unions.
g) To ensure representation of workers through their organizations in local and national
economic decision making.
The NLC, The Social Security measures for the Unorganised Workes includes:
a. Health Care

b. Maternity and early Child Care


c. Provident Fund Benefits
d. Family Benefits
e. Amenities/Benefits including Housing, Drinking Water, Sanitation, etc.
f. Compensation of employment Injury benefits (including invalidity benefits and
survivors or dependents benefits)
g. Retirement and post-retirement benefits (Gratuity, Pension and Family Pension)
h. Some cover in cases of loss of earning or the capacity to earn.
i. Besides these, there should be schemes, either independent or in association with the
Government, Welfare Bodies, NGOs and Social Organisations, for the upgradation of
skills and the education of workers, and for the elimination of child labour, forced
labour, and unfair labour relations and practices.

THE UNORGANISED LABOUR AND AGRICULTURAL WORKERS (WELFARE)


BILL, 2006:
in response to the National Labour Commissions recommendations, the Ministry of
Labour prepared a pilot unorganised sector Workers Social Security Scheme (2004),
which however met with limited response. Further to this, the Ministry also prepared an
Unorganised Sector Workers Bill, 2004, which contained measures relating to both
social security and conditions of work in the unorganised sector.
This bill was enacted to provide for the welfare measures to be undertaken by the State
for the unorganised labour and agricultural workers by setting up a Welfare Authority
and a Welfare Fund for the payment of minimum wages, for pension and provident fund
facilities, maternity and creche facilities along with medicare to the women workers
and for matters connected therewith and incidental thereto.

Bill On Social Security For Unorganized Workers 2007:

Parliament on Wednesday (17tDecember)passed the ambitious Unorganised Workers Social


Security Bill, 2008 that seeks to provide welfare measures for million of workers in the
unorganised sector. The Bill has already been passed by the Rajya Sabha while the Lok Sabha
passed it on Wednesday (17th December).
The Bill was described as the first major step in 60 years to remove the plights of the
poor worker in unorganized sector, after several amendments moved by the members of
the Left parties were defeated.
Winding up the debate, Minister for Labour and Employment Oscar Fernandes said it
was a millennium scheme that would cover 34 crore workers in the next five years.
Agricultural workers and migrant labourers will also be covered under the Act.
He said 94 per cent of the working class in the country employed in the unorganised
sector would get the benefit of health, life and disability insurance, old-age pension and
the group accident scheme. Mr. Fernandes said the government had already started
implementing some of the schemes such as health insurance and old-age pension for
those below the poverty line while appealing to the States to cooperate in the successful
implementation.
The Bill was introduced in the Rajya Sabha in September 2007 and subsequently
referred to the Standing Committee.

A National Child Labour Programme has been taken up to make effective intervention to
prevent exploitation of child labour in the unorganised sector. Nine Child Labour Projects
with the main aim of suitable rehabilitation, of the children withdrawn from employment,
by providing them welfare inputs have been launched. Programmes for women labour
include financial assistance to voluntary organisations for taking up action-oriented

projects, studies relating to women labour, organisation of child care centres for the
benefit of women workers, welfare projects for women workers in the construction
industry and strengthening of the enforcement of the provisions of the Equal
Remuneration Act.

The Rural Workers' Education Programmes, which cover landless labour, agricultural
workers, marginal farmers, fisheries labour, tribal labour, forest labour and rural artisans,
are intended to help rural workers to solve their problems through self-help and to
develop their own organisations. The Central Board of Workers' Education (CBWE) has
developed schemes keeping in view the need to educate the workers on industrial health,
safety and environment as well as to develop leadership among workers. As part of the
national effort to increase the rate of literacy, especially among women and persons
belonging to SC/ST and other educationally disadvantaged and socio-economically
backward groups as also workers in unorganised sectors, the CBWE has been conducting
Functional Adult Literacy Classes for workers engaged in plantation and mining
industries where illiteracy is predominant. During the Eighth Plan, literacy programmes
for the rural workers would be continued.

Vocational training facilities for women have been expanded and diversified over the
years. There are 154 Women ITls/ITCs and 129 women's wings in General ITIs, which
specifically cater to the vocational training needs of women. In addition, a National
Vocational Training Institute for Women at NOIDA in Uttar Pradesh and six Regional
Vocational Training Institutes for Women at Bombay, Bangalore, Calcutta, Hi'-sar,
Trivandrum and Tura provide facilities for training in a three-tier system, namely, basic
skills, advanced skills and instructional training in selected trades having high
employment potential. Part-time, short-term and ad hoc courses are also organised by
these institutes as per the needs of local industries. Some courses are also organised for

the benefit of housewives and others in trades like repair and servicing of common
domestic appliances, hair and skin care, dress- making, etc.

Adequate levels of earnings, safe and humane conditions of work and access to some
minimum social security benefits are the major qualitative dimensions of employment
which enhance quality of life of workers and their productivity. Institutional mechanisms
exist for ensuring these to workers in the organised sector of the economy. These are
being strengthened or expanded to the extent possible. However, workers in the
unorganised sector, who constitute 90 per cent of the total workforce, by and large, do not
have access to such benefits. Steps need to be taken on a larger scale than before to
improve the quality of working life of the unorganised workers, including women
workers.

The beedi and cigar workers (conditions of employment) act, 1966 act no. 32 of 1966
[30th november, 1966.] and The buildings and other construction workers (regulation of
employment and conditions of service) act, 1996 act no. 27 of 1996 [19th august, 1996]
both provide for special provisions for females working in these industries

THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966 ACT
NO. 32 OF 1966 [30TH NOVEMBER, 1966.]
The act provides the following benefits to the women in these industries in addition to the
other benefit.
Section 14 provides for Crches:
(1) In every industrial premises wherein more than fifty female employees are ordinarily
employed, there shall be provided and maintained a suitable room or rooms for the use of
children under the age of six years of such female employees.
(2) Such rooms shall-- (a) provide adequate accommodation ; (b) be adequately lighted
and ventilated ; (c) be maintained in a clean and sanitary condition ; (d) be under the
charge of women trained in the care of children and infants.
(3) The State Government may make rules,-- (a) prescribing the location and the
standards in respect of construction, accommodation, furniture and other equipment of
rooms to be provided under this section. (b) requiring the provision in any industrial
premises to which this section applies, of additional facilities for the care of children
belonging to female employers, including suitable provision of facilities for washing and
changing their clothing ; (c) requiring the provision in any industrial premises of free
milk or refreshment or both for such children ; (d) requiring that facilities shall be given
in any industrial premises for the mothers of such children to feed them at necessary
intervals.
Section 25 of the act Prohibits employment of women during certain hours. It sates
that:No woman or young person shall be required or allowed to work in any industrial
premises except between 6 a.m. and 7 p.m.
Section 27 of the act provides maternity benifits to the women. It talks about the wages
during leave period and Explanation II of the section states that: For the purpose of
determining the wages payable to a home worker during leave period or for the purpose
of payment of maternity benefit to a woman home worker, "day" shall mean any period

during which such home worker was employed, during a period of twenty- four hours
commencing at midnight, for making beedi or cigar or both.
THE BUILDINGS AND OTHER CONSTRUCTION WORKERS (REGULATION OF
EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 ACT NO. 27 OF 1996 [19TH
AUGUST, 1996] :
The Building and Other Construction Workers (ECS) Central Rules, 1998, stipulated several
social security benefits to the construction workers including accident relief, old age pension,
housing loans, payment of insurance premium, payment towards educational expenses of
children, medical and maternity benefits and so on. So far, six states have enacted such
legislations and functioning of the new schemes under these legislations have been attaining
momentum in states like Kerala and Tamil Nadu. Section 35 of the Act provides for the
establishment of crches for the children of the labours .

Miscellaneous
'National Commission of Self-Employed Women' by the Government of India in 1987 at the
instance of SEWA8. The Commission prepared a report on 'Women in the Informal Sector',
recommending improvement in the working conditions. The report "Shram Shakti" was
submitted in 1988 and was accepted by the Government of India in 1989, which is a milestone in
the women's movement in India. This initiative made working women in the unorganized sector
visible. In 1990, the Planning Commission of India took up some of the major recommendations
and set up the "Rashtriya Mahila Kosh" an exclusive national level credit fund for women. It also
set up another statutory body of the 'National Commission of Women'. The report has been
translated in 13 languages and is very useful to the NGOs working with the grassroots women in
both urban and rural areas of the country.

Self-Employed Women's Association (SEWA) based at Ahmedabad is a good example in this regard. The progress of SEWA's activities is seen
in the form of structures/organizations and movements that have complemented each other at all levels of their public interactions such as
banking, ecology, social security, legislations and management (Ela Bhatt, 1999). Today SEWA has around 775,000 members all over the country
out of which 535,000 are in Gujarat. Two thirds of the members belong to rural areas. Started in 1972 it has emerged as a successful movement
contributing to policy initiatives and women's empowerment.

GIRLS IN UNORGANISED SECTOR:


SECTOR
Every fourth working child in the world is an Indian. While concern for working children
predates the Constitution of India , there has been no separate division of male and female child
labour. In fact term child labour was largely applied to boys, as girls were rarely considered to be
wage earners.
A microscopic analysis of the girl child labour shows that, the concept of child labour is sex
specific and not only there is sex-specificity in occupations but, there are also differences in the
ramifications of girls and boys. Girl child labours have to pay a heavier price than their
counterparts.

Agricultural Labour and Cultivation:


A high portion of rural girls are engaged in agricultural labour and cultivation . a study in
Karnataka (Srikantan , Narayan and Rao,1978) showed that in areas which had been irrigated ,
the employment of women of all ages , including those below 14 years , was considerably higher
than that of women in dry farming areas.
Employment in Small Scale Industries and Cottage Industries:
They work for 6-10 years , earning Rs. 2 to 3 per day, before they are considered full-fledged
workers (Mohandas, 1980).young girls are engaged in various small scale industries an cottage
industries each with its own set of terms and conditions of working and wages . For example, in
the Khadi industry and Uttar Pradesh and Tamil Nadu in particular, a high proportion of spinners
are girls who have studied up-to class VI or V and are waiting to be married. They earn about Rs.
3 to 5 a day , depending upon their output, and save this money for their dowry(Sinha,1988).
These contributions of the girls are hardly noticed and they are regarded as an economic burden,
because their savings do not meet the requirements of dowry and their expenditure on their
marriage and traditional post marriage gifts.

Effect of employment on girls in unorganized sector:


Effect on health :
a) Malnutrition: gender discrimination invades the kitchen and consumption of
food. Malnutrition begins at an early age of a girl child ,and is further
compounded by the vagaries of employment. Normal growth spurts during
puberty and adolescence are adversely affected by poor nutrition intake and
increased manual work. Studies have shown that malnutrition in early childhood
continuing into adolescence ,adversely affects childrens work capacity
(satyanarayan naidu 1997).
b) Communicable diseases: severe malnutrition ,anaemia , hard labour ,fatigue
and inadequate sleep increase the girls susceptibility to infectious diseases.
c)Occupational Hazards such as byssinossis from textile industry ,venereal
diseases from prostitution and so on.
Effect on education:
Long hours of work and necessity at home to do household work or employment ,reduce
the possibility of any kind for schooling girls.in carpet weaving ,instead of schooling,
girls are placed in employment units as apprentices.in principle this should compensate
for working hours or the lackof studies ,but in practice it in itself becomes a form of
exploitation.

Case of Shama Ismael - Pernambut, India (Vellore District) Shama Ismael, 10-years-old,
was bonded to close the ends of beedi cigarettes in order to pay her family's debt. Her family had
incurred this debt with medical expenses for her younger sibling. For 13 hours each day, with
only a 15 minute break for lunch, Shama was forced to close the ends of 2,000 cigarettes for

about $0.08/day. If she made it to work later than her 7am starting time, or if she did not meet
her quota, she was beaten. Fortunately, Shama's story has a hopeful ending. In 1998, the
International Justice Mission helped release and enroll her in school. In this case, her
moneylender was prosecuted and 9is now in prison.

REMEDIAL ACTIONS AND STRATEGIES TO PROTECT WOMEN IN


UNORGANIZED SECTOR :
Welfare of women working in the unorganized sector is very vital for the gender development, as
they constitute 70% of the sector. As there is not much awareness about the legal procedures
affected, women hide their sufferings.
Providing orientation (in simple language) to women working in the unorganized sector on
their legal rights and protection available
Requiring the police take Action Taken Reports and file them within 48 hours of the incident
Having government officials and politicians address trade unions and contractors to explain the
rights and protections available to the unorganized sector, to ensure women are not exploited
Conducting gender sensitivity training among police personnel and members of the judiciary
Implementing special, proactive government interventions to protect migrating women due to
their high vulnerability and inter-state movements, especially Bhil and Adivasi women

9 http://www.american.edu/TED/ted html, Maratha King TED Case Studies, Bonded child

labour in India, hand-rolling beedi and cigarette

Making protection of women the responsibility of employers and support community efforts to
protect women
Using Jagratha Samithies under the leadership of women political leaders and trade union
leaders to institutionalize support from women workers

Erring police officials and staff should be punished;


Women sensitive police and judiciary is need of the hour;
People who are responsible for sexual harassment who are influential do not get caught. Unless
they are brought to book at the quickest possible time there won't be any confidence.
To develop strong `groups' amongst the women working in unorganized sector and provide them
institutional support to fight against sexual abuse that takes place. One way to do this is to
develop community-based groups of adolescent boys and train them to become protectors' of
their mothers and their sisters working at the site. The boys should be trained into self-defense as
well as other marital arts so that if needed they can fight it out'. Attempts at sexual abuse need
to be fought and it is better be done through martial art. Once the contractors or their goons
understand that, there is a strong response to their attempts' and that also from `boys' the
courage to go ahead with their plans get discouraged.

CONCLUSION
Much has been done for the organized sector workers, but the issue of unorganized Work sector
needs serious attention of the Government. Many gender issues, which need focusing work and
interventions on the women workers. the upcoming Unorganized Sector Workers bill and the
Supreme Court Guidelines on Sexual Harassment at Workplace-both are still at an in infancy
stage of being accepted by the public and hence their implementation and; (ii) the sexual
harassment guidelines have space for formation of District Complaints Committees and that of
higher ones, but little has been done. The implementation at the State level would need to be
jointly coordinated with the Trade Unions involvement. At the National level, the National
Campaign Committee on Unorganized Sector Workers (NCCUSW) has taken this up and is
building up awareness with domestic workers. However, a lot more intensified activities will be
required to support women in other activities as well.
The States can be requested by agencies like National Commission for Women by involving
more partnership on the issue and recommending the Government bodies-from district, state to
national level - to put in place Sexual Harassment Complaints Committee at all levels.
The physical and mental torturing to women in workplaces happens throughout the country, of
course, the gravity, intensity and frequency varies from place to place and work to work. It
should be realized that the household poverty forces the women to work in the unorganized
sector. The reasons are:
This situation compels them to silently suffer all torturing and harassments. These poor women
are unaware of the protection clauses and rights they deserve.
The fear that they will lose their jobs prevents them from disclosing the happenings and lodging
complaints.
The fear of the consequences she may have to face in her own home and society forces them to
surrender for harassments.

The very fact that the affluent contractors and job providers get away with crime on the strength
of money needs to be introspected as they feel they can get away with such activities.
The fact is that the work force is required and they need to be given the space and dignity.
Hence, some suggestions are:
The protection of women from harassments should be made the responsibility of the job
provider/employer and in case of any such incidents they should be made responsible;
With the initiative of Panchayati Raj institutions women labor banks should be formed and
labor supply shall be made through them;
Wide publicity of womens rights and protection should be attempted by the Government
continuously;
The enforcement of Department of Labor laws should be alerted and penalty provisions and
punishments should be enforced.

In conclusion, it is reiterated that a strong Government commitment and effective


implementation of existing laws and provisions are required to ensure women in the unorganized
sector are accorded their universal rights and protections.

Bibliography
Books: Women in the Unorganized Sector.; Authors- Rameshwari Pandya , Sarika Patel.
Urban Unorganised Sector in India.; Author -Rapaka Satya Raju
Articles : Understanding the unorganised Sector.; Kiran Moghe.
Women in Unorganised Sector.; Zoya Khan
Women Workers in Unorganized Sector,; Dr. Vandana Dave
Laws Referred:
Beedi And Cigar Workers (Conditions Of Employment) Act, 1966
The Buildings And Other Construction Workers (Regulation Of Employment And
Conditions Of Service) Act, 1996
Bill On Social Security For Unorganized Workers 2007
The Unorganised Labour And Agricultural Workers (Welfare) Bill, 2006.
The Second National Commission Report