Introduction

Women are the foundation of the general public. She assumes a crucial part in the monetary improvement of the nation and her commitment is all around as equivalent as their male partners. Without the dynamic cooperation of women in different public, social, financial, and political exercises, the advancement of the nation will be stale. Customarily, Indian women had been home-creators yet in the 21st Century, because of advanced education, better mindfulness, and expanding monetary requests of family, women likewise go out and pick professions. Albeit Indian women have begun working external their homes, there are a few issues and difficulties that functioning women face today. In some cases, they are not treated similarly in their work environment. They don’t get the very advantages as that of male workers as well. Orientation inclination, inconsistent compensation, security, mental and actual provocation, absence of appropriate family support, deficient maternity leave is considered significant issues and difficulties that functioning woman faces these days.1

The difficulty of a woman in each phase of life is generally hard to classify as she is the main element on the planet that is confronting a particularly changing stage in her life like birth as a young lady kid, becoming spouse lastly becoming a mother. In the time of the 21st century, lady needs are equivalent to open doors as man and the first test is the way to adjust to work and home. Orientation predisposition, inconsistent compensation, mental and physical badgering, inadequate leave is a portion of the central points of contention of working ladies in the working environment. Aside from every one of these, a lady needs to manage practically all family obligations like an obligation as a mother, obligation as a spouse, household and everyday daily schedule as well as numerous social obligations. The fundamental expectation of this paper is to zero in on such key regions and difficulties looked by working ladies in the present time and to put the mental perspective on the issues, challenges, and jobs of society to help for adjusting the existence of working ladies in mental, physical, social and mental angles.

Throughout the entire existence of human turn of events, women have been as fundamental in the set of experiences making as men have been. Truth be told, higher status for women versus business and work performed by them in the general public is a huge sign of a country’s general advancement. There are many reasons and issues that constrained Indian women to work. The monetary requests on the Indian families are expanding step by step. Cost for many everyday items, costs on the instruction of youngsters, and cost of lodging properties in India raised, and these reasons force each family in India to search for available resources of expanding the family pay. Thus, women in India who were generally known as homemakers are compelled to go for occupations and take up even vocations that were thought of as just appropriate for men, for example, working in night shifts.

Working women i.e., the individuals who are in paid business, deal with issues in the work environment just by ideals of their being women. Social demeanor to the job of women lingers much behind the law. The demeanor which thinks women qualified for specific positions and not others causes bias in the people who select representatives. Along these lines, women find work effectively as attendants, specialists, educators, secretaries, or on the sequential construction system. In any event, when very capable women are free, the inclination is given to a male competitor of equivalent capabilities. An orientation predisposition makes an impediment at the enrolment stage itself. With regards to compensation, however, the law announces correspondence, it isn’t drilled all the time. The inbuilt conviction that women are unequipped for taking care of laborious positions and are less proficient than men impacts the installment of inconsistent pay rates and wages for similar work. Yet, in many families, her compensation is given over to the dad, spouse, or parents-in-law. In this way, the essential intention in looking for work to acquire monetary autonomy is invalidated in many womens’ cases.

The working and social situation in the present time is far not the same as that of twenty-thirty years prior. Progresses in innovation in addition to advancing work and the job of the family for women in India have changed the commitment to the business climate of the 21st century. The monetary requests for Indian families are rising step by step. Greater expense of residing, expanding costs on the schooling of youngsters, inflating the cost of lodging properties in India force each family in India to search for available resources of expanding family income. As a result, women in India, who were previously known for being homemakers, are being compelled to work and take on responsibilities previously reserved for men, such as working night hours in call centers or BPOs. Women are now diligently taking part in all male-dominated areas, such as medicine, sports, law, academia, the military, politics, banking, and top-level corporate roles. Working women can spend less time on household chores these days than they could thirty years ago.

Women workers in India are confronted with part a larger number of difficulties than their partners in different nations. Other than such countless endeavors from previous years, the female part of society is denied in contrast with the male area. They are not given the main goal in social and financial choices in their own loved ones. As per United Nations Development Program (UNDP) report, women are engaged with accomplishing 67% work of in the world; still, they are socially and financially denied. They are getting just 10% of the widespread pay and have a 1% part in worldwide resources. This segregation additionally endures in their workplace in sloppy areas. In the casual areas, women laborers don’t get the same wages for the same nature of work for the same hours done by men. They are taken advantage of in the work environment. They are a few demonstrations, for example, The Unorganized Workers Social Security Act, 2008, Domestic Workers Welfare and Social Security Act, 2010 and so on yet because of their ill-advised execution, women laborers are compelled to work and live in hopeless circumstances in the disorderly area.

In India, still, men are considered as the essential champ and supervisors of the family. Albeit working women handle their expert life in confronting contest and difficulties at work spot and staff life in overseeing family work, handle kids, family, cooking, social obligations are as yet considered as the obligation of women as it were. They need to require up an entire day of work, in addition, to dealing with all family exercises that they took care of as homemakers. Due to such performing multiple tasks, endeavors of woman expanded pressure becomes side-effect for her. Once in a while, the relationship with her Saul mate ends up being unequal, in the event that legitimate difficult exercise isn’t conveyed in both individual and expert life. On the off chance that we think about women’s job in the professional workplace, some of the time they need to bring their work at home likewise and it cuts not many more long periods of rest. It isn’t just about the diminished rest, yet this sort of way of life makes pressure on working women and it straightforwardly influences their loved ones. Getting up ahead of schedule, disregarding her medical problems, and preparing every one of the stuff for youngsters and her significant other is largely down to earth challenge. Along these lines, on a normal, women have lost 2 hours of rest each day and as long as 14 hours rest each day. Numerous Indian families are as yet living as joint families alongside their parents-in-law and guardians. This adds more pressure to women since they need to deal with them and satisfy all the relatives of their significant other.

The conviction of male superiority in the general public makes a few obstacles for women in their working environment. Women find that they should be obviously superior to their male partners to reach the top. Whenever she accomplishes that top situation in the organization, again it is much hard for women to work with male representatives. Likewise, on account of social and mental practice in the general public, the women associate also don’t loan backing to their own woman chief. Working in such circumstances unavoidably puts a lot more prominent strain on women than men. These kinds of issues gain women less anxious to headway in their profession. It has been seen that the family obligation grows the working women need to change their work, select temporary work or leave the work. The present circumstance makes pointless pressure for losing their employment.2

For the most part, women are more reluctant in monetary investments. They are more mindful of cash. There is a maxim for women: “The hand that stones the support controls the world”. Saving is the propensity for women. In prior days likewise, when women were just homemakers, they were utilized to set aside cash for crises as well with respect to future preparation. Back then, women didn’t know about different investment outlets. Yet, in the 21st Century, working women have become more mindful about monetary investments and they have the extraordinary potential to acquire a positive change financial state of the country. The present working women put resources into different investment roads like offers, debentures, common assets, products, and so on.

Employment Trends of Women in India

The expansion in the number of women in the work market connotes a significant pattern with respect to womens’ business. This has been happening close by expansions in the workforce and labor force, particularly for metropolitan women, albeit country ladies laborers prevail as far as interest rates and general size. The rising portion of women’s interest in the workforce and its critical commitment to family pay as well as GDP require some approach consideration to be paid to the orientation aspects of the business. The 11th Five Year Plan record without precedent for the historical backdrop of Indian arranging perceives women as equivalent residents as well as ‘specialists of supported financial development and change. A multi-pronged methodology is underscored to resolve issues concerning women workers, like the arrangement of essential privileges and fortifying of institutional systems. The expansion in the development of business seems, by all accounts, to be a lot higher for women workers contrasted with male workers. Indeed, even where the extent of working ladies as reflected in the women’s work cooperation rate might be low, the outright numbers have fundamentally expanded, given the pace of populace development over the long run.3

The rise in employment opportunities throughout the early years of the new century was 9.3 million jobs each year (from 1999-2000 to 2004-05). Women’s participation has benefited from the acceleration in employment growth from 1.25 percent per year (1993-94 to 1999-2000) to 2.62 percent per year (1999-2000 to 2004-05). Nearly 15 million women joined the workforce out of the 46 million job possibilities created from 1999-2000 to 2004-05 (compared to 24 million in the previous period, 1993-94 to 1999-2000). Women employees in urban areas nearly doubled, while women workers in rural regions rose from 9 to 12 million. This beneficial transformation is especially pronounced in the metropolitan context, where necessary educational inputs and modern thinking about women’s jobs are becoming more apparent. Women’s labor is rapidly being drawn to rural agriculture, with nearly four-fifths of women in rural regions working in agriculture. This is significant in light of the diminishing percentage of male workers (from 74 percent in 1993-94 to 66 percent in 2004-05). As a result, it appears that women in rural regions are having a harder time transitioning away from agriculture. Women are primarily involved in agriculture as cultivators/farmers and agricultural laborers. However, women’s share of agricultural laborers has decreased slightly, while their share among cultivators has increased. Women in metropolitan regions have seen a significant increase in manufacturing jobs and have been able to expand their proportion of the workforce, particularly after 1999-2000. (From 24 percent to over 28 percent in 2004-05). As a result, the proportion of female workers in manufacturing has increased significantly in metropolitan areas, whereas the proportion of male workers has remained the same. Women have acquired work in the services sector as well, particularly in the domestic and personal services category.

India’s economy has gone through a significant change since the country’s autonomy in 1947. Agriculture presently represents only 33% of the total national output (GDP), down from 59% in 1950, and a wide scope of current enterprises and backing administrations currently exist. Disregarding these changes, agriculture keeps on ruling business, utilizing 66% of all specialists. India dealt with economic issues in the last part of the 1980s and mid-1990s that were exacerbated by the Persian Gulf Crisis. Beginning in 1992, India started to execute exchange progression measures. The economy has developed the GDP development rate went somewhere in the range of 5 and 7 percent yearly over the period and significant headway has been made in slackening unofficial laws, especially limitations on private organizations. Various areas of the economy have various encounters about the effect of the changes. In a nation like India, useful business is vital to destitution decrease technique and to achieve economic fairness in the general public. However, the aftereffects of the free activity of market influences are not generally fair, particularly in India, where a few gatherings are probably going to be exposed to disservice because of globalization. Women comprise one such weak gathering.

Women have been side-lined in economic activities as a result of technical inputs introduced by globalization, while men have typically been afforded greater opportunities for learning and training. As a result, more women than ever before are entering the informal sector or casual labor force. For example, while new rice technology has boosted the usage of female labor, the increased workload for women is in unrecorded and frequently unpaid operations that fall under the category of home production activities. The weaker groups, particularly women, are denied the medical attention they require. As a result, the bulk of Indian women have little ability to undertake useful work; the “ability” to pick among alternatives is evident by its lack.

Most women in India work and add to the economy in some structure, a lot of their work isn’t archived or represented in true measurements. Women furrow fields and collect harvests while chipping away at ranches, women weave and make handiworks while working in family enterprises, women sell food and assemble wood while working in the casual area. Also, women are generally liable for the everyday family errands (e.g., cooking, getting water, and caring for youngsters). Albeit the social limitations, women face are changing, women are as yet not quite as free as men to take an interest in the conventional economy. Before, social limitations were the essential obstructions to female work now nonetheless; the lack of occupations all through the nation adds to low female work too. The Indian registration isolates laborers into two classifications: “principle” and “peripheral” laborers. Principle laborers incorporate individuals who labored for quite some time or really during the year, while negligible specialists incorporate the people who worked for a more limited period. A large number of these specialists are agrarian workers. Neglected ranch and family venture laborers should be remembered for either the fundamental specialist or minor specialist class, as fitting. Women represent a little extent of the conventional Indian workforce, despite the fact that the quantity of female fundamental laborers has filled quicker as of late than that of their male counterparts.

Challenges faced by Women in Workplace

Gender Biases
Gender biases start to occur at a beginning phase for Indian women. It is extremely challenging to acknowledge the way that women are additionally equipped for working side by side with men. Indian culture upholds male predominance in all major, significant, and testing assignments while women are viewed as frail and just fit for bearing lesser work tension at the workplace. The potential and capacities of Indian women have generally been misjudged in respect of their enrolments, pay issues, and advancements. In numerous families, regardless of whether a woman is working, her all compensations are given to her better half, father by marriage, or senior individual from the family and along these lines, her autonomy is on the shallow level. However, a woman is working, still, she needs to rely upon someone.4

Balancing Personal and Professional life
For Indian working women, striking a balance between work and family life is incredibly challenging. She is in charge of meeting all of the family’s demands, especially the children’s. Women’s career and professional objectives are still considered secondary in India. In the majority of households, there is a lack of emotional and moral support for working women. At the same time, there is a slew of formal requirements and dates that women must meet in order to keep their jobs. Working women are tremendously stressed in their day-to-day lives as a result of their dual obligations to become excellent in all tasks.5

Mental and Physical Harassment
To make progress in the corporate sector, women feel that they should show improvement over their male colleagues. This prompts better standards and productivity by their chief. This sort of condition makes strain for women. Inadequate Maternity leave is likewise the reason for pressure for working women as they need to deal with their child as well as accomplish the objectives given to them in office. Indian working women additionally feel unstable in their working environment. There are many situations where women subordinates are requested sexual blessings from their male bosses consequently of the advancement and development allowed to them. The male bosses offer that they have done some kindness or additional blessing that ought to be reimbursed with very remarkable respect from women. Incorporate sector, generally women are treated as powerless and defenseless, and henceforth male colleagues and bosses imagine that they can exploit their female colleagues and subordinates.6

Negligible Personnel Space
Indian working women need to keep a harmony between their families and profession if they have any desire to make freedom and progress in their lives. In this issue, women get fretful. They attempt to expand their functioning power for their work which makes them ailing in rest. They bit by bit feel baffled and defenseless on the grounds that nobody is there to help and support them. They some of the time feel secluded and because of this, they need to confront numerous enthusiastic and mental issues. A sleeping disorder and sadness are two significant mental issues that Indian working women generally experience the ill effects of. They feel a massive absence of faculty space. They are incapable of dealing with themselves. They feel incapable to talk about their thoughts with anybody since they realize that nobody will get them. Under this mental strain, they are left with just two choices: either to surrender the work or to acknowledge the downturn as a piece of their functioning life.

Issues

  1. Inadequate maternity leave is a major issue for working mothers. This has a negative impact on both their professional and personal lives.
  2. Another issue that working women face is a lack of family support. Housework is still considered entirely the role of women. They are against women working late in the office because it affects their performance and advancement.
  3. Another difficulty for working women at work is a lack of security. Because of the absence of security provided to women working in business sectors and other private organizations, they are more likely to be victims of various crimes at work.
  4. For working women, unequal remuneration is another concern. It has been noticed that female employees are paid less than male employees. Despite the fact that women are more productive than males, they are not always compensated equally. This causes despair and demotivation in them, which has an impact on her professional life as well.
  5. Working women are unable to devote adequate time to their children’s varied activities and school functions due to their conflicting roles. Women are also stressed as a result of this.
  6. Despite her complete devotion to her profession, their employment is still seen as secondary in the family and society. In today’s society, women’s primary obligations are still thought to be caring for their families and children. This discourages people from advancing in their careers.
  7. If a working woman has to go on a business trip or attend a training program for her career advancement, she must first obtain permission from her spouse and family. They must also make suitable preparations for their children. In India, however, this is not the case.

Psychological Aspects of the Problem

According to the findings, the majority of working women experience stress as a result of role conflict or numerous roles. They must fulfill many duties, such as managing work at their workplace, managing the needs of their family and children, and fulfilling societal commitments, among others. Working women confront a significant issue when it comes to resolving work-family conflicts. Working women who have rigid schedules have more family problems than working women who have flexible schedules. This can lead to a variety of health problems, including regular headaches, hypertension, obesity, and so on.

Working women’s stress levels rise in direct proportion to their age, according to an analytical study. This could be due to the greater duties placed on older women both at home and at work. Working women’s stress levels are also affected by the number of hours they work. This could be related to the nature of their employment, which causes physical and mental exhaustion. Another factor that causes stress in working women is the childcare arrangement. Working women must make suitable plans for their children’s care and everyday activities, which adds to their stress.
All of these stress-inducing issues can be controlled if the institution lends a hand to working women in the form of superior and subordinate assistance, as well as a sufficient number of paid and unpaid leaves. Working women can also benefit from stress-relieving measures such as spending time with family, yoga and meditation, entertainment and music, and so on.

Conclusion

Presently a day’s women laborers are improved and advanced in their work environment and in mechanical work. Worker’s organization should attempt to work on the circumstances for woman’s laborers in many parts, for instance, maternity leave is effectively provided for women and help the woman for accomplishing higher post really women’s tendency is an advancement to acquire top-caliber in each field yet on the off chance that the condition isn’t prepared then the decrease of advancement and enhancement in work will happen and so forth Women laborers are frequently dependent upon sexual badgering then the Government should put severe principles for these sorts of violations, additionally, open vehicle framework now and then the risk for woman and Government should put more Inspection. Customarily individuals imagine that men should just work and gain cash and women should function as a household, however, the monetary requests on the Indian families are expanding which is the reason women likewise should organization in acquiring pay for families. In this way, a major change is expected from the perspectives of workers, relatives, and the public.

References:

  1. Azadeh Barati, Rooh Ollah Arab, & Seyed Saadat Masoumi, Challenges and Problems Faced by Women Workers in India, Human Resource Management http://www.nevillewadia.com/images/Cronicle2015/Azadeh-Barati15.pdf
  2. Aarti Verma & Mahesh Mulani, Challenges and Issues of Working Woman in 21st Century, International Journal of Research in all Subjects in Multi Languages http://www.raijmr.com/ijrsml/wp-content/uploads/2018/05/IJRSML_2018_vol06_Sp_issue_3_01.pdf
  3. Dashora, (2013) Problems Faced by Working Women in India, International Journal of Advanced Research in Management and Social Sciences, 2(8), PP (82-94).
  4. Kumari, V. (2014). Problems and Challenges Faced by Urban Worming Women in India. A Dissertation Submitted to the Department of Humanities and Social Sciences, (1)
  5. Bhuvaneshwari M. (2013), “A Case Study on Psychological and Physical Stress Undergone By Married Working Women”, IOSR Journal of Business and Management, e-ISSN: 2278-487X, p-ISSN: 2319-7668. Volume 14, Issue 6.
  6. Shobha Sundaresan (2014), “WORK-LIFE BALANCE – IMPLICATIONS FOR WORKING WOMEN”, Ontario International Development Agency International Journal of Sustainable Development, Canada, ISSN 1923-6654 (print) ISSN 1923-6662 (online)

This article is written by Arryan Mohanty, a student of Symbiosis Law School.

Gender diversity widens the range of skills and backgrounds available to handle specific legal difficulties in any professional situation. Diversity serves a greater function in the legal profession: it lends legitimacy to the impression that the law system is equal and just, and that everyone’s views are represented and acknowledged within it.

INTRODUCTION

Lawyers (also known as advocates, barristers, attorneys, solicitors, or legal counselors), paralegals, legal scholars (including feminist legal theorists), prosecutors (also known as Crown Prosecutors or District Attorneys), judges, law professors, and law school deans are among the women who work in the legal profession.

In recent years, the importance of women in professional fields has been emphasized in order for the economy and society to reach their full potential. Gender equality became a standard for development and prosperity around the world. Women have shown themselves and are leading the way in their drive for financial independence, equal rights, and opportunity in a variety of sectors.

In India, an increasing number of women are graduating with a law degree, despite the fact that few appear to pursue the field after a short – term at a law firm. Many women leave the field because of gender prejudice and seek work in fields that are more tolerant of women. Nonetheless, there are success stories in the country’s legal profession, where women have indeed been tenacious and stubborn in attaining their goals and becoming respected professionals despite all odds.

INDIA

In India, men have long dominated the legal profession. Women’s admittance into the courts was only possible after long and drawn-out legal fights, but even then, female participation in the courts was minor until the late twentieth century. However, in the twenty-first century, the concept of globalization has created greater chances for Indian women in law education and training. Modernism has also tempered the courtroom environment but has also put a stop to medieval masculine chauvinism in the field.

In independent India, the Indian Constitution guaranteed citizens the right to equality including protection from discrimination based on gender in getting an education or practicing whatever career of their choosing. Despite this privilege, the legal profession has not become a common choice for women, primarily because women must have a basic degree of education in order to be informed of these rights. And for a female population that was largely illiterate due to a variety of factors including poverty, restrictive social customs, strict caste restrictions, cultural practices prohibiting women from working outside their homes, and so on, higher education and pursuing a profession were dreams that the Independence era had managed to ignite, even if only in the shape of an awareness of being a downtrodden and suppressed part of the society largely contributing to the country’s development. Interestingly, in Western nations where the journey and naval enterprise had brought about tremendous change in housing conditions, in which feminism and modern feminist movements were started by educated women, and which nations had such a literate female population, at the very least, women entered the legal profession in 1917. By the 1860s, the British had created schools, colleges, even universities for women in India, but many women couldn’t even imagine going to school or graduating until the 1920s. Though a few fortunate educated women, including doctors and authors, earned notoriety in the feminist movements of the time, it is clear that they faced a new foe in the European and British feminists that opted to define and, by definition, silence them. It became critical for them (educated Indian women, that is) to understand how and where to empower themselves in order to prevent continued oppression.

PROGRESS

As a result, the women of India set out to cross a gulf that was bigger than that which their western counterparts had set out to cross. In such a diversified country like India, the arduous process of expanding literacy and raising awareness of women’s rights took a solid twenty years. Meanwhile, even the Indian judiciary was proactive in encouraging women to enter the legal profession, appointing the very first woman judge to the Kerala High Court, Hon’ble Justice Anna Chandy. Justice Anna Chandy began her legal career as an advocate in 1929 and was promoted to Munsiff in 1937, making her the very first woman judge in pre-independence India.

During these two decades, two distinguished lawyers, Hon’ble Justice Fathima Beevi Honble and Hon’ble Justice Leila Seth, joined the legal profession and went on to become Chief Justices of the Himachal Pradesh and Kerala High Courts, respectively. For more than 15 years, the first had been an active practicing lawyer in the Delhi, Kolkata, and Patna High Courts, while the latter had climbed from the post of Munsiff to eventually retire as a Supreme Court Judge. Surprisingly, women’s representation in the judiciary has not increased significantly compared to the original number of female judges. The situation has deteriorated to the point where a demand for a 33 percent reservation for women in the judicial system has been made in order to achieve parity in the number of male and female judges.

WOMEN IN LAW

Journalism, academia, and medicine were among the first occupations to be influenced by feminism. In later years, feminism began to have an impact on professions previously controlled by men, such as surgery, civil service, law, management, entrepreneurship, and politics.

In recent years, every family, especially those from the orthodox, backward, and traditional sectors, has been under severe economic strain. The battle is no longer focused on external challenges. In addition, public opinion is no longer antagonistic, and women now have a plethora of options. Psychological issues and the tussle between family and job, on the other hand, persist throughout their lives.

Women’s admittance into and increasing participation in the legal industry has become one of the most notable societal transformations in recent times, often referred to as “revolutionary. This inflow of women has sparked a lot of discussion among scholars and political activists concerning the changes that women will bring to the structure and management of substantive law, and also the manner law is practiced. India was a British colony until 1947, and the British modified the administrative structure and organizations as they saw fit. The Indian Penal Code (IPC), the Criminal Penal Code (Cr PC), and the Civil Procedure Code (CPC), as well as the foundation of the Rule of Law and the Indian Civil Services, are just a few examples.

For the first time in India, Dr. Hari Sigh Gaur, a pioneer in the struggle for women’s admittance into the legal profession, moved the following amendment to the Central Legislative Assembly of India’s resolution to abolish the sex disqualification against women.

REPRESENTATION NEEDED

Women are increasingly represented in the legal profession around the world, but their success varies greatly by culture and country.

Women began to flood into the legal industry globally in the 2000s, per a 2013 report of 86 countries (covering 80% of the world’s population). Women’s representation in the law is lowest in India and China, while it is highest in the former Soviet Bloc countries, Latin America, and Europe.

According to the survey, 52 countries had greater than 30% representation among employed lawyers, which is considered a significant societal shift. Venezuela and Uruguay were early adopters, exceeding the threshold in the early 1980s. Women made up at least 50% of lawyers in Bulgaria, Latvia, Poland, and Romania by the mid-to-late 2000s—some of the greatest participation in the world—while Denmark, Norway, the United States, and Germany, were latecomers, crossing the 30% threshold at the same time. Meanwhile, the world’s two biggest countries are among the slowest to incorporate women: India has a 5% female representation in the practice of law, while China has a 20% female representation.

In 2021, CJI Ramana confessed that the legal profession has yet to accept women into its fold, as the bulk of them struggle inside the profession, during a valedictory ceremony sorted by the Bar Council of India (BCI).
“Following 75 years of freedom, one would expect to see at least 50% female representation at any and all levels, but I’m afraid I have to say that we’ve only managed to get to 11% female representation on the Supreme Court bench. Because of the reserve policy, some states may have a higher representation. However, the reality is that the law must continue to embrace women into its ranks “The Chief Justice stated.

Many law companies are also biased against women for the same reasons: she may take time off to raise a family, she cannot be entrusted with “serious” briefs, and if she requires a while off to start families, she is perceived as less capable and devoted. When a woman re-enters the workforce, she is frequently at a disadvantage.

Increasing women judges don’t really inevitably contribute to better results for women’s causes, according to a feminist judgment study conducted in the United Kingdom in 2010. However, if the judge has been a feminist, the story would be different, and the outcome would be different in many circumstances. As a result, India requires not only more female judges but also more gender-sensitive judges.

Women are likewise pressured to do better than their male counterparts, and women lawyers or judges who struggle to get their views heard are frequently referred to as aggressive. However, in male legal practitioners, this feature is viewed as a strength. Then there’s the issue of workplace harassment, which is mostly unaddressed. Because of the opaque character of our higher judiciary, this type of intimidation and harassment is widely overlooked. While arguing cases, there have been countless incidents of women lawyers being verbally harassed by their male peers. There are some states, like Uttarakhand, Chhattisgarh, and Himachal Pradesh, that do not even have a single woman judge in the high courts. Only approximately 15% of the 1.7 million advocates registered with the bar councils are women.

CONCLUSION

The Indian legal system is indeed not the same as before a decade ago, and the numerous developments occurring inside it as a result of technological advancements and changes in working styles would necessitate a period of absorption before further advancements can be recognized. Developing e-courts in India would growth improve the justice delivery method, and the ease of being willing to debate online from the Advocate’s office may entice Indian women advocates to begin practicing or teaching over the internet. The desire to become a judge continues to entice Advocates and lawyers, however, the number of female Justices has not grown in comparison to male Judges throughout the years.

Women in the practice of law, on the other hand, must be more active. They should get together to address workplace challenges of gender discrimination. There are many female lawyers who may lead such organizations, and while numbers alone may not be enough to make a difference, there is power in numbers. Several gender-friendly adjustments to the law have been enacted in recent years by the courts. However, it must now look internally and embrace the gender disparities in the profession, as well as the fact that as a result, it’s really clearly losing the expertise of many outstanding women.

This article is written by Tingjin Marak, a BA/LLB student at Ajeenkya DY Patil University Pune.

The Maternity Benefit Act 1961 was enacted to maintain stability in the employment of women working in factories, mines, plantations, shops, and other areas. It provides 12 weeks of paid leave to women employees before or after childbirth. 

The 44th session of the Indian Labour Conference (ILC) put a recommendation to extend the period of maternity leave from 12 weeks to 24 weeks. Later During the 45th and 46th sessions of ILC, The purpose for enhancement of maternity leave was taken into consideration and acknowledged. 

It aims to regulate the employment of women employees in certain establishments for a particular period before or after the baby is born. 

The Maternity Benefit Act originally provided a Maternity Benefit of 12 weeks. In 2017, the law was amended to extend the period to 26 weeks. 

What Is Maternity Leave?

Maternity leave is a period of leave from her work when the woman’s employer is pregnant or in other words, Maternity leaves in India is a paid leave of absence from work that allows women employees to take care of their newly born baby, and gives benefits of retaining their jobs at the same time. Maternity leave is a right of every working woman and no woman should be deprived of it. 

As per The Maternity leave Benefit Act, 1961 women employees get paid leave of 12 weeks after delivery for taking care of a newborn baby. In 2017, The Maternity leave Benefit Act was amended which brought a lot of necessary amendments in the act. 

What Were The Amendments Brought Under This Act?

PAYMENT: Payment is calculated on the basis of the average daily wage for the period of absence.

EXTENSION OF PERIOD: The Maternity Amendment 2017 has extended the period from 12 weeks to 26 weeks. The pregnant woman can divide her leave as post and pre-delivery.

Period of leave for women who are expecting before having 2 Children [Sec 5(3)]: 26 weeks

Pre–Delivery Period: up to a maximum of 8 weeks

Post–Delivery Period: remaining period out of 26 weeks.

Period of leave for women who are expecting after having 2 Children [Sec5(3)]: 12 weeks 

Pre–Delivery Period: up to a maximum of 6 weeks

Post–Delivery Period: remaining period out of 12 weeks.

ADOPTIVE MOTHERS: The period of leave is 12 weeks. The large starts from the day of adoption and is only applicable for the baby below three months of age [Sec5(3)].

COMMISSIONING MOTHERS: Maternity leave is of 12 weeks leave for the biological mother who imparts her egg to create an embryo which is then planted in another woman [Sec5(4)].

TUBECTOMY DURING PREGNANCY: In case of tubectomy, a woman is allowed to take 2 weeks to leave, from the date of tubectomy operation. 

Maternity Benefits And Indian Constitution:

Article 15 – Right to social equality.

Article 15(3) – The main objective of this article is to keep in view the weak physical position of women – “Protective Discrimination”

Article 16 – Right to social equality in employment

Article 21 – Right to life and personal liberty, therefore women employees must get all the facilities and assistance that she requires during pregnancy.

Article 39(d) – Right to equal pay for equal work

Article 39(e) – Right that health and strength of workers should not be abused

Article 41 – Provision for securing the right to work and to education

Article 42 – State shall make provision for securing just and humane condition of work and for maternity relief

Article 46 – Right to improvement in employment opportunities and conditions of the working women

Importance Of Maternity Benefits Act:

The fundamental purpose for providing maternity benefits is to preserve self-respect, to protect the physical and mental health of women, and to complete the safety of the Child. The main objective of the Maternity benefit is to protect the dignity of “Motherhood” and provide complete health care to women and their children. It also benefits to safeguard working women. 

Norms Under The Maternity Leave: 

The employer should ensure the health and safety of her employee. She must not get long working hours or difficult tasks, ten weeks before the delivery. She should not be involved in any work for 6 weeks after the delivery or miscarriage. Employers cannot discharge or dismiss a woman employee during her maternity leave.

Compensation Rules And Benefits Under The Act : 

A medical bonus is entitled in addition to maternity leave if free medical health care is not provided. Mother can further get a benefit of Rs. 6000 under NATIONAL FOOD SECURITY ACT, 2013. An additional paid-up leave of 1 month after 26 weeks of Maternity leave if women show proof of being physically or mentally unfit to join . 2 nursing breaks are allowed in between the working hours until the baby turns 15 months old.

Disadvantages Of The Maternity Benefits Act:

The Maternity Benefit Act is not applicable in establishments with less than 10 employees or in the unorganized sector. The act does not create a provision for paternity leave. The act puts the burden of crèche facilities and maternity leave on employers.

Different Schemes Implemented By The Central Government For Maternity Benefits:

  • Indira Gandhi Matritva Sahyog Yojana (IGMSY)
  • Rajiv Gandhi National Crèche Scheme For Children of Working Mothers 

Conclusion: 

The Maternity Benefit Act is a boon for working women as they don’t have job insecurity during their maternity period. Also, it provides a satisfactory duration of time for taking care of women as well as their child’s health. It also supports women and makes them economically strong. There are some loopholes that need to be filled like clarification is still awaiting for crèche facility, work from home, and accessibility of this act in unorganized sectors.

The article has been written by Kiran Israni, 3rd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

The article has been edited by Shubham Yadav, a 4th-year law student at Banasthali Vidyapith.

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