New Labour Code: Access Rights For Woman's

Introduction:

In 2019 new labour code was passed by Indian parliament but not yet enforced and published in the official gazette of government of India, labour code of 2019 was make various changes and provide a relief to workers or employee from harsh working conditions and providing some extra rights to woman workers like they also doing work in night shift is they are conformable apart from that when we see the working conditions of woman workers is not so good but if we see in today's scenario they play major role in growing economy of country in various field like defense, sports, manufacturing goods, they were doing each and every work which can done by man also our Indian constitution talks about right to equality or equality before law means that each individual men and woman both are equal and the concept of equality is superior to law, law will only regulate the concept of equality. Also, article 39A of constitution mandates that state shall ensure to provide equal wages to both man and woman for same work also government take an initiative to increase the salary of workers from 18000 to 24000, and providing secure working environment to woman's if working environment is flexible for woman they can done their work without any fear and also government will increase the maternity leaves.

Historical Aspect:

Before British era women conditions in India not so good they were treated as a property of her husband they were trap in to the social norms of society people not happy if in there home girl should be born but when British will come they trying to understand the ideology of Indian peoples towards women then they took major steps like abolishment of sati paratha which was considered to be evil practice, during this period of time various freedom fighters or social reformers play major role for uplifting the status of woman major reformers are Raja Ram Mohan Roy helps east India company in abolishing sati paratha. In 19^th century there is also prominent social reformers Jyoti Bai Phule and Savitri Bai Phule contribute immensely towards woman's education system by opening schools and create awareness in society what was the importance of education in society thereafter many girls influence with them and took admission in schools. Later on, after Independence government of India enacted various laws: Maternity Benefit Act 1961, Factories Act 1948, Equal Renumeration Act 1961 these laws providing equal status women and also improve their social position in society. But these laws not provide absolute relief to woman's some finds lack of implementation or procedural irregularity are seen thought tackling with these issues new labour code introduced by government and also increase wages and providing extra maternity leaves.

Labour Code 2020:

Power of making rules and regulations for labour safety and security given to center under schedule 7 of union list however this new labour code contains bundle of labour code like wages code, industrial dispute code and the last one was safety and security code. Labour code talks for the welfare of worker the major changes which were highlighted:

1. Social Security: Code providing social security to informal workers like health insurance, pension, gratuity amount providing these benefits uplift the moral values of workers so they can not in fear about their family.

2. Maternity Relief: Women play vital role in unorganized sector but there work not recognized as compare to men, according to previous Maternity benefit act they providing 12 weeks maternity holidays but the amended one increases the time period of holidays up to the 26 weeks this was great relief for women workers.

3. Night Shift: Due to unsafe environment of our society mostly women are not agreeing to work in industries at night shift but this new code providing a right to women they can doing their work at night shift if they providing their consent. But it was serious concern that legislature intent was very more liberal they trying to uplift the women participation equally to men in each aspect but on the other hand whether Indian society ready or accept this liberal approach or they denying them.

4. Improvement in working conditions: Women's who are working in mines, authorities providing all the safety and security equipment to workers.

5. Gender Gap & Non-Discrimination: Government has to introducing new labour code to curbs the gender gap between men and women and also reduce the gender biasedness between them because our Indian constitution talks about no discrimination on the basis of caste, sex, gender etc.

Constitutional Provision:

Our Indian Constitution was lengthiest written constitution in the world which contains a different provision for providing rights and imposing liabilities on citizens and also ensuring responsibility of state that they are doing there duty properly or not. Article 15 clause 3 of constitution providing power to state to make special laws and regulations for children and women's like providing maternity benefits to women's and prohibition on child labour and also state will ensure providing equal wages to both men and women for the same work under article 39d of constitution. Article 14 of constitution maintain equality or equality before law means that equality is a priority in each state while making laws.

Conclusion:

New labour code of 2020 was very unique in itself which providing rights and giving relief to women workers while we see the maternity relief and also providing social security to workers this will helps unorganized sector worker they can easily accommodate if they losing their job, women immensely contribute in labour work but there work can't be recognized by employer while providing more rights to women worker it changes the approach of society as well employee and industry became more friendly for women's and they become fearless to do work in industry in any period of time while we talk about night shift, it imposing duty on industries to providing safe and healthy environment of work to works.

References:

1. https://timesofindia.indiatimes.com/blogs/legal-brief/women-workers-in-unorganised-sector-under-new-labour-codes/
2. https://labour.gov.in/sites/default/files/labour_code_eng.pdf
3. https://www.aicctu.org/workers-resistance/v1/workers-resistance-october-2021/new-labour-code-acts-assault-rights-women-workers
4. https://www.researchgate.net/publication/362124552_An_analysis_on_the_new_labour_codes_and_its_significance_in_bringing_about_a_new_paradigm_for_the_future_generations

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