Dismantling Workplace Gender Inequality in India: A Human Rights and Legal Perspectives

Abstract

Despite the introduction of progressive laws, constitutional assurances, and international agreements, gender discrimination in the workplace continues to be a major issue in India. Using a human rights framework, this Chapter reviews the three dimensional approaches structural, legal and social economic to understanding workplace gender discrimination in India. This chapter will evaluate the adequacy of India’s legal system, identify issues relating to its implementation, and review judicial interventions. The chapter further explains that the current state of gender equality is related to the patriarchal social structure, that the majority of women work in an informal economy and that there are insufficient enforcement mechanisms in law. Additionally, the author offers suggestions for dismantling systemic barriers to their advancement: use human rights language; examine inter-sectionality issues; and create policies based on these analyses.