The term human rights denote all those right which are inherent in our nature and without which we cannot live as human beings. According to Section 2 of the protection of human right Act 1993, Human Rights means the rights relating to life, liberty and dignity of an individual covenants and enforceable by the courts in India. The majority of people in India are not aware of their Human rights. There rights are the rights of all human rights, be it men or women, old or young, working or non working. But, there is quite a gap between the theory and the practice, particularly when it comes to the equality of sexes.

The constitution of India as well as other laws enacted from time to time reaffirms faith in the in the “Equality of status and opportunity” without discrimination against and citizen on grounds of religion, race caste or sex. It is however distressing to note that majority of working women in India are either not aware of such Constitutional and legal safeguards or consciously chooses not to raise voice against violation of their human’s rights.

Constitution of India, which is supreme law of land and all legislations get their validity from it. It guarantees hanuman rights under fundamental rights. The directive principle of state policy supply necessary guidelines for their effective implementation. Articles 14 to 18 of the Indian constitution are dealt with right to equality. These Articles deny the discrimination and promote the instinct of the equality in all matters. Article 14 read with Article 39(d ) of the constitution provides rights of equal pay for equal work. This right gave women assurance that they will be equally paid by the employers for the work as men, it means it secured women from wage discrimination. Article 15 of the constitution prohibits discrimination and made special provision for the welfare of women and children. It means state can enact special provisions and may provide security to women and children. Article 16 provides equality in job opportunities. Article 21 also provides security to working women through judicial legislating because judiciary elaborates meaning of liberty Article39 (a) and 39(b) specifically states provision or the women welfare and gives direction to state government for making legislation in interest of women.

There is some legislation also to protect the working women which are as follows:

(a) The factories Act,1948:-

Under this Act, employment of women is prohibited during night and at dangers operations. No women is required to work in factory for more than 9 hours. Separate bathing and washing facilities are to be provided. Factory employing more than 50 women workers shall provide a crèche for their children below 6 years of age.

(b) Maternity Benefit Act, 1961:-

Section 4 of this Act, prohibits employment or work by women under certain circumstances. Section 5, define the payment of maternity benefit for a maximum period of 12 weeks. Under Section 8 every woman entitled to maternity benefit shall also be entitled to received a medical bonus of 250 rupees. If on pre-natal and post-natal care is provided by the employer free of charge. She is also entitled to leave with wages for miscarriage. Under section 10 leave for one month is available in case a woman who is suffering from illness arising out of pregnancy, delivery and premature birth of child etc. in addition to maturity leave under Section 11 every woman who returns to duty after delivery shall be allowed two nursing breaks, until the child attains the age of 15 months. These provisions are applicable to the casual woman employees also a it was opined by the supreme court in Municipal corporation of Delhi Vs. Mother an another [2000 Lab. I. C. 1033 (S.C.)].

(C)Equal Remuneration Act, 1976:-

As peremble of the Act, it is interned to provide for the payment of equal remuneration to men and woman workers and for the prevention of discrimination on the ground of sex, against woman in the matter of employment and for the matter connected therewith or incidental thereto the terms and condition of employment. This enactment imposed statutory obligation on the employer to prevent discrimination against woman in terms of payment of remuneration to them and to ensure equality in respect of terms and condition of employment in comparison to their male counterparty’s.

(D) The Indecent Representation of Woman (Prohibition) Act (1987)

Although it is not known to have been used in cases of sexual harassment, the provisions of this Act have the potential to be used in two ways. Firstly, if an individual harasses another with books, photographs, paintings, pamphlets, package, etc. containing indecent representation of woman, they are liable for a minimum environment” type of argument can be made punishable under this Act. Section 7 (offences by companies)- holds companies where there has been “incident representation of woman” (such as the display of pornography) on the premises are guilty of offences under this Act and punishable with a minimum sentence of two years.

Judicial Activism

In another popular case of sexual harassment, Vishaka V. State of Rajasthan. Supreme court observed that there is indirect Constitution and legal protection to women workers.

The next landmark judgement on the point is Apparel Export Promotion council Vs. A.K. Chopra. In the case also issue of sexual harassment was described by the court at length and said that the contents of the Fundamental Rights guaranteed in our Constitution are of sufficient amplitude to encompass all face of gender equality, including prevention of sexual harassment and abuse.

CONCLUSION AND SUGGESTIONS:

The struggle protection and promotion of Human Rights is long and arduous. It is important that we constantly remain engaged in devising structures and institutions, which can make us al more sensitive and responsive towards protection and promotion of Human Rights. The judiciary and National Human Rights are important step in that direction. The need is for the judiciary and Human Rights Institution are important step in that direction. The need is for the judiciary and National Human Rights Institution to be proactive and not merely reactive. Public pinion and strong alliances and partnership with NGOs and the Human Rights activists provide excellent mechanism for influencing the national agenda on Human Rights. The people are at the base of all institutions and source of real strength of Human Rights movement. The role and duty of the common and must be in the forefront to assure “all human rights for all”.

Protection of Human Rights however is unimaginable without the security and existence of a well-regulated Society. So also, one-side attention to expand rights of citizens without focusing on their duties and obligation of the society as well as the state will generate new problems. Hence the harmony and balance between new problems. Hence the harmony and balance between the opposing interest of the individuals, Society and of the Law enforcing agency which is entrusted to maintain peace and order in the society is the realistic approach to “Human Rights”

Received on 20.08.2015 Modified on 22.09.2015

Int. J. Rev. & Res. Social Sci. 3(4): Oct. - Dec., 2015; Page 169-170

Human Right of Working Women’s