chap-9parta 2nd national labour commission

51
8/13/2019 Chap-9partA 2nd National Labour Commission http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 1/51 REPORT OF THE NATIONAL COMMISSION ON LABOUR 932 CHAPTER-IX WOMEN AND CHILDREN T he Terms of Reference of our Commission ask us, inter alia , to give attention to the need for “improving the effectiveness of measures relating to social security, occupational health and safety, minimum wages and linkages of wages with productivity and in particular the safeguards and facilities required for women and handicapped persons in employment.” 9.2 Approximately half the population of our country and, therefore, of the potential workforce is of the female gender. Any social, economic or industrial system that ignores the potential, talents and special aptitudes of this half will be flawed on many counts. It will be guilty of gross underutilisation of the human resources or human potential available to the nation. It will be guilty of denying equal opportunities, and thus creating conditions that cause or perpetuate exploitation and disparities. It may even result in conditions of near slavery for a large section of our population. It is, therefore, necessary to ensure equal opportunities for employment; equal remuneration for equal work; equal opportunities for the acquisition and upgradation of skills; equal opportunities for promotions; equal opportunities for access to positions of responsibility; equal respect, and protection from indignities, harassment and humiliation at place of work; equal opportunities for the redressal of grievances; and equal access to the by-lanes and highways and summits of entrepreneurship, and all the requirements of entrepreneurship including credit. These must be backed by equal rights to property and inheritance. But the Commission does not propose to make detailed observations on the question of equal rights to property and inheritance, since this does not fall within our terms of reference. 9 .3 While all the opportunities and rights that we have mentioned in the earlier paragraph are vital, and are corollaries of the perceptions and fundamental principles enshrined in

Upload: sachin-g

Post on 04-Jun-2018

214 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 1/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

932

CHAPTER-IX

WOMEN AND CHILDREN

The Terms of Reference of ourCommission ask us, inter alia , to giveattention to the need for “improvingthe effectiveness of measures relating

to social security, occupational healthand safety, minimum wages andlinkages of wages with productivityand in particular the safeguards andfacilities required for women andhandicapped persons in employment.”

9.2 Approximately hal f the

population of our country and,therefore, of the potential workforceis of the female gender. Any social,economic or industrial system thatignores the potential, talents andspecial aptitudes of this half will beflawed on many counts. It will beguilty of gross underutilisation of the

human resources or human potentialavailable to the nation. It will beguilty of denying equal opportunities,and thus creating conditions thatcause or perpetuate exploitation anddisparities. It may even result inconditions of near slavery for a largesection of our population. It is,

therefore, necessary to ensure equalopportunities for employment; equalremuneration for equal work; equalopportunities for the acquisition andupgradation of skills; equal

opportunities for promotions; equalopportunities for access to positionsof responsibility; equal respect, andprotection from indignities,harassment and humiliation at placeof work; equal opportunities for theredressal of grievances; and equalaccess to the by-lanes and highways

and summits of entrepreneurship,and all the requirements of entrepreneurship including credit.These must be backed by equal rightsto property and inheritance. But theCommission does not propose tomake detailed observations on thequestion of equal rights to property

and inheritance, since this does notfall within our terms of reference.

9.3 While all the opportunities andrights that we have mentioned in theearlier paragraph are vital, and arecorollaries of the perceptions andfundamental principles enshrined in

Page 2: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 2/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

933

our Constitution, the full developmentand deployment of the potential of the

female workforce cannot be ensuredmerely by making these opportunitiesavailable. The system and the lawshave also to take cognisance of, andprovide for, the special responsibilitiesthat women bear to society and thespecies. While it has been proved thatwomen can do any job that men can

do, there are some socialresponsibilities that men cannotdischarge. While men can, and shouldshare the responsibility for childcaring, women alone can bear theresponsibility of child bearing. Asociety that is mindful of the value of human resources cannot be

unconcerned about the pre-natal andpost-natal care of its mothers, and thecare and attention that are essential atchildbirth. It is obvious that womenworkers cannot be loaded with thenormal load of work during thesedays. It is also evident that womenworkers have to attend to the needs

and care of the infant. The demandsof all these on the nutritionalrequirements, health and physical wellbeing of the mother and infant childhave to receive full attention fromsociety.

9.4 All these have their own impact

on the conditions under which womencan be expected to work. Yet, one

often sees that these specialconditions are made excuses fordenying women full and equal statusas workers, for reducing them to thestatus of casual employees, oremploying them only on casual andcontract-based jobs, for creatingconditions in which they are

compelled to accept jobs thatcarry lower wages, often withdiscriminatory practices and attitudes.The Human Development Report1995 points out that “in no societywomen enjoy the same opportunitiesas men.” The Human DevelopmentReport 1996 says that “in all countries

the gender-related development indexis lower than the human developmentindex, reflecting lower achievementsin human development for women,compared to men. Gender gaps ineducation and health are closing, butopportunities for economic andpolitical participation are severely

limited for women. Women occupyonly 12% of seats in Parliament, andonly 14% of administrative andmanagerial positions. With theaverage gender empowermentmeasure at 0.391, all countries have along way to go before reachingequality.”

Page 3: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 3/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

934

9.5 The Commission is strongly

of the opinion that our laws and

systems of social security shouldprevent and eliminate such

discriminatory attitudes and

practices. The laws that relate to theworkforce and the systems that areset up to provide safety and security,should therefore, be examined with aview to eliminating discriminatory

impacts, and providing full protectionand welfare to women workers. TheCommission has examined theexisting laws relating to theworkforce, from this point of view,particularly the:

a) Minimum Wages Act, 1948

b) Industrial Disputes Act, 1947

c) Workmen’s Compensat ion Act ,1923

d) Maternity Benefit Act, 1961

e) Inter-State Migrant Workmen(R.E.C.S.) Act, 1979

f) Beedi and Cigar Workers(Conditions of Employment) Act,1966

g) Building and Other ConstructionWorkers (Regulation of Employment and Conditions of Service) Act, 1996

h) Contract Labour (Regulation and Abolition) Act, 1970

i) Trade Unions Act, 1926

j) Factories Act, 1948

k) Unprot ec ted Manual Worker s(Regulation of Employment andWelfare) Act, 1979

9.6 The detailed recommendationsthat the Commission proposes tomake to amend and improve theselaws are included in the Chapter on

‘Review of Laws.’

9.7 The Study Group appointed by

our Commission to study theproblems and needs of ‘WomenWorkers and Child Labour,’ has madea comprehensive study of the needsof women workers in the realm of social security. They have studied thespecial concerns of women workersas well as their general needs. They

have looked at the potential andadequacy of the citizen-basedapproach as well as the work-basedentitlements that should supplementthe citizen-based entitlements. Theyhave also examined the relativemerits of different statutes andinstitutions that can assure

Page 4: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 4/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

935

comprehensive and universal

coverage as well as ensure speedy

and efficient delivery of services in thefield of social security. They have

pointed out that the present laws andstatutes cater mainly, if not solely, tothe organised sector that accounts

only for less than 10% of the

workforce; that the remaining 90% or93% that is today outside the pale of

social security systems, is morevulnerable, and therefore, more inneed of social security entitlements;

that the vast majority of women

workers are in the unorganised orinformal sector; and that any attempt

to reach social security to womenworkers should take into account the

conditions of the workforce in theunorganised or informal sector. TheCommission has given full

consideration to the suggestions that

the Study Group has made.

9.8 Our detailed recommendations

on aspects of social security that areof special relevance to women

workers, can be found in the Chapteron ‘Social Security,’ along with our

recommendation for a comprehensivesocial security system for the entireworkforce.

WOMEN WORKERS IN INDIA: A

MACRO PICTURE

9.9 The Commission shares theview that the contribution of womenas a category of workers, is grosslyunderestimated. This under-valuationmanifests itself in disparities inwages, in access to and control overresources, in lack of infrastructural

support, and above all, in greatdisparity in the work burden.

9.10 The Census of India and theNational Sample Survey Organisation(NSSO) are two main sources of dataon women’s employment. But theyhave not followed identical definitions

of work. The Census of India, 1991defined work as participation in anyeconomically productive activity,irrespective of whether theparticipation is physical or mental. Inaddition to this, activities likecultivation for ‘self-consumption’ andunpaid work for family enterprise

were also included in the definition of work. The Census of India, 1991divided the working population intothree broad categories: Main workers;Marginal workers and Non-workers. Aperson involved in any work for morethan six months of the year precedingthe survey, has been termed a main

Page 5: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 5/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

936

worker. Anyone whose work participation has been for less than

six months in the year underreference has been termed a marginalworker. Those who have not workedat all during the previous year havebeen counted as non-workers.

9.11 The NSSO has a broade rdefinition of work. It encompasses allactivities pursued for pay, profit orfamily gain. While both market andnon-market activities for theagricultural sector are included in thedefinition of work, only marketactivities are included for the non-agricultural sector. The production of food grains or any other crop for self-consumption has also been regardedas ‘gainfu l activity.’ The NSSOemployment surveys, conducted everyfive years, define three differentlevels of employment: usual status,current weekly status, and currentdaily status. The correspondingreference time periods are: one year,one week, and each day of the week.

9.12 None of these definitions hasfully captured the extent and degreeof women’s participation in theworkforce. The Census criteria arequite insensitive to most of the kinds

of work performed by women. Uptothe 1981 census there has been

gross under-enumeration of theparticipation level of women workers.Work was defined as ‘participation inany economically productive activity.’ It thus, excluded a wide range of activities performed by women whoproduced a variety of goods andservices for self or family

consumption. The 1991 Censusexamined the periodicity of work inagriculture, work in the informalsector, unpaid work, and work in thefarm or family enterprises. Itproduced genderwise data onhousehold heads. However, it stillremained an inadequate source to

realistically assess the economic andsocial value of the work contributedby women. As we have observedearlier, the NSSO has a broaderdefinition of work and, therefore,shows a higher participation of women in the labour force. It includesactivities for self-consumption (except

the processing of primarycommodities for self-consumption),and the work of unpaid helpers in thefarm, domestic workers etc.

9.13 The Human Deve lopmen tReport of 1990 also says ”Much of thework that women do is ‘invisible’ in

Page 6: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 6/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

937

national accounting and censuses,despite its obvious productive and

social worth. The reason is thatwomen are heavily involved in small-scale agriculture, the informal sectorand household activities, – areaswhere data are notoriously deficient.

9.14 “But there is another aspect.Women’s work, especially their

household work, often is unpaid andtherefore unaccounted for –processing food, carrying water,collecting fuel, growing subsistencecrops and providing childcare. Forexample, women in Nepalese villagescontribute 22% to household moneyincomes, but when non-marketed

subsistence production is included,their contribution rises to 53%. It isestimated that unpaid household work by women, if properly evaluated,would add a third to global production.

9.15 “Even when women ar eremunerated for their work, their

contribution is often undervalued. Informal employment, women earnsignificantly less than men in everycountry having data. In the informalsector, where most women work, theirearnings at times reach only a third(Malaysia) to a half (Latin America) of those of men.

9.16 “Do women remain invisible instatistics because little value is

attached to what they do? Apparently,yes.

9.17 “Women have shouldered alarge part of the adjustment burden of developing countries in the 1980s. Tomake up for lost family income, theyhave increased production for homeconsumption, worked longer hours,slept less and often eaten less –substantial costs of structuraladjustment that have gone largelyunrecorded.

9.18 “The low value attached towomen’s work requires a fundamentalremedy: if women’s work was morefully accounted for, it would becomeclear how much women count indevelopment. To do that requiresmuch better gender-specific data ondevelopment. There is a need toredesign national censuses,particularly agricultural surveys.” Weendorse these views.

9.19 Though the definition of work has been refined over time and theextent of women’s work which is notenumerated is less today than what itwas in the past, the data on work participation of women still remainsquestionable. The problems arising

Page 7: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 7/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

938

from inadequate definitions andinaccuracies and biases in

enumeration, are compounded by thedifficulties that are experienced inassigning economic value to the work of women especially when it isunrelated to the market.

9.20 A good example o f t heenumerator’s perception is highlighted

in a small survey commissioned byUnited Nations Development Fund forWomen, India (UNIFEM), which foundthat 98 out of 100 enumerators didnot even put questions regardingwork to women: it was simplyassumed that women did not work.Out of the 2002 women in the 1000

households covered, only 4 womenwere asked about any work they haddone in the previous year. In other

cases, enumerators depended solelyon answers or information supplied by

male members of the family.

In this chapter, we have tried toexamine trends in women’sparticipation in work relying on dataavailable with the NSSO.

TRENDS IN WOMEN’S

PARTICIPATION IN THE LABOUR

FORCE

9.21 The labour force includesboth the employed and theunemployed, and, therefore,measures the total available supply of labour. The participation of women inthe labour force has always been

lower than that of men, in the rural aswell as urban areas. The differencehas been greater in urban areas.

Table 9.1

LABOUR FORCE PARTICIPATION RATES

(Percentage)Category NSS 50 th Round NSS 55 th Round

(1993-94) (1999-2000)

1. Rural Males 56.1 54.0

2. Rural Females 33.1 30.2

3. Urban Males 54.2 54.2

4. Urban Females 16.4 14.7

Source: NSS Report No. 455, Employment and Unemployment in India, 963. *-1999-2000. Rates are based

on UPSS criterion.

Page 8: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 8/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

939

9.22 Dat a fr om t he 5 5 th Roundseem to suggest a slight decline in the

labour force participation since 1993-94 in all categories except that of urban males.

9.23 WORKFORCE PARTCIPATION:The picture is similar even if we

confine ourselves to the workforce(i.e. those classified as employed),

instead of the labour force. Theworkforce participation rates forfemales are substantially lower thanthat for males, more so in the urbanareas.

9. 24 The work participation rateshave fallen between 1993-94 and1999-2000 in all the four categoriesbut more sharply in respect of

Table 9.2

S. Category 38 th Round 43 rd Round 50 th Round 55 th Round

No. (1983) (1987-88) (1993-94) (1999-2000)

1. Rural Males 54.7 53.9 55.3 53.1

2. Rural Females 34.0 32.3 32.8 29.9

3. Urban Males 51.2 50.6 52.0 51.8

4. Urban Females 15.1 15.2 15.4 13.9

Source: NSS Report No. 455 cited above. The rates are on the basis of UPSS criterion.

females. These trends can beconfirmed only after we have accessto the census data of 2001.

Page 9: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 9/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

940

9.25 WORKFORCE ESTIMATES:Estimates of the number of workers

in 1999-2000 (as per usual status)

based on the above participationrates are as follows:

9.26 DISTRIBUTION OF MALE ANDFEMALE WORKERS BY BROADINDUSTRY GROUPS: The PrimarySector is the dominant sector so faras the employment of women in the

rural areas is concerned. It accountsfor nearly 85% of women’s activity. Acomparison of NSSO estimatesbetween 1983 and 1999-2000 showsthat the proportion of womenemployed in the primary sector hasdecreased.

9.27 In the urban areas, a largenumber of women are employed inthe tertiary sector. Women’semployment in the tertiary sector hasincreased over the period 1983-2000.

The increase in the tertiary sectorindicates that more and more womenare joining the expanding servicesector.

Table 9.3

(in Millions)

Male Female Persons

Rural 198.6 105.7 304.3

Urban 75.4 18.2 93.6

All areas 274.0 123.9 397.9

Source: K. Sundaram, EPW , Volume 36, Number 34, August 2001

Female workers account only for less than one-third of all workers.

Page 10: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 10/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

941

Table 9.4

Changes in the distribution of male and female workers in broadindustry groups between 1983 and 1999-2000.

Rural (percent)

Male Female

Yea r NSS Primary Secondary Tertiary Primary Secondary Ter tiary

1983 38th 77.5 10.0 12.2 87.5 7.4 4.8

1999- 55th 71.4 12.6 16.0 85.4 8.9 5.7

2000

Urban (percent)

Male Female

Yea r NSS Primary Secondary Tertiary Primary Secondary Ter tiary

1983 38th 10.3 34.2 55.0 31.0 30.6 37.6

1999- 55th 6.6 32.8 60.6 17.7 29.3 52.9

2000

Source: NSS Report No. 455 cited earlier.

9.28 A similar trend, with varyingrates of change for all sectors is seenin the case of male workers too. Themale-female gaps in the industrialdistribution are narrowing down fastin urban areas, while the gap isincreasing in rural areas.

9.29 DISTRIBUTION OF WOMENWORKERS (Activitywise): Agricultureis the most important activity of thewomen workforce (84%) in the ruralareas, with the highest number of women workers engaged asagricultural labourers. (see Table 9.5)

Page 11: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 11/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

942

However, as we pointed out earlierthe percentage of women workforce

in agriculture is declining.

Manufacturing and services are theother two sectors where women are

employed in large numbers.

Table 9.5

Percentage of Workers in various Industrial

Categories (1999-00)

Activity % of Female Workers

Rural Urban

Agriculture 84.1 14.6

Mining and Quarrying 0.4 0.4

Manufacturing 7.7 23.2

Electricity, Water etc. — 0.2

Construction 1.2 5.5

Trade, Hotels and Restaurant 2.3 16.4

Transport, storage 0.1 2.0

Services 4.3 37.8

Total 100.0 100.0

Source: NSSO, 55 th round, Report No. 455.

Page 12: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 12/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

943

9.30 The top ten manufacturingindustries that employ women in large

numbers are:Employment Status Categories:

a) Tobacco

b) Cotton textiles

c) Cashewnut Processing

d) Machine tools and parts

e) Matches, explosives and

fireworksf ) Clay, glass, cement, iron and

steel

g) Drugs and medicines

h) Grain mill and bakery

i) Garments

9.31 In the rural areas, the patternof changes in the distribution of

workers by employment, statuscategories during the last fifteenyears has generally been similar formen and women workers. There hasbeen a fall in self-employment and anincrease in casual labour for bothcategories. In the urban sector,employment status distribution for

women workers has undergonesubstantial change, with regularemployment having recorded anincrease, while casual labour hasdecreased correspondingly.

Table 9.6

Changes in the distribution of employment status

categories over time

Rural

Male Female

Year NSS Self- Regular Casual Self- Regular Casual

round employed employed

1983 38 th 60.5 10.3 29.2 61.9 2.8 35.3

1987-88 43 rd 58.6 10.0 31.4 60.8 3.7 35.5

1993-94 50 th 57.9 8.3 33.8 58.5 2.8 38.7

1999- 55th

55.0 8.8 36.2 57.3 3.1 39.6

2000

Page 13: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 13/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

944

Urban

Male Female

Year Round Self- Regular Casual Self- Regular Casual

employed employed

1983 38 th 40.9 43.7 15.4 45.8 25.8 28.4

1987-88 43 rd 41.7 43.7 14.6 47.1 27.5 25.4

1993-94 50 th 41.7 42.1 16.2 45.4 28.6 26.2

1999- 55th

41.5 41.7 16.8 45.3 33.3 21.4

2000

Source: NSS Reports.

9.32 The trends show distinct signs

of casualisation, i.e. increase in thenumber of casual workers, for bothmales and females. In rural areas,while women have beenpredominantly self-employed/familyhelpers, the proportion of casualemployees is on the increase. Thetrends of casualisation, for both -

females and males have been morepronounced in rural areas. It hasbeen pointed out that a largeproportion of semi-landless andmarginal landholders work as casualwage labourers. The increase inlandless households and precariouslysmall holdings, in turn, accentuates

the pressure on the casual labour

wage market. While men in landlesshouseholds were able to find otherkinds of work, women in suchhouseholds were confined to wagework. Options of diversification tonon-agricultural employment, which ismore paying, are fewer for women.

9.33 THE ORGANISED SECTOR: Alittle more than 48 lakh women wereemployed in the organised sector in1999 1 . This constituted a mere 17%

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

1 Shrivastava, N in Papola and Sharma, Gender and

Employment in India, 1999.

Page 14: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 14/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

945

proportion for males was 71% and29% respectively. Within the

organised sector, during the nineties(1990-99), employment of womengrew much faster (3.2% per annum)than the total employment (0.7% perannum). The organised tertiarysector, particularly, transport andbanking, also registered growth of women’s employment. However, the

fact remains that women’s share inemployment in the organised privatesector has remained extremely low,involving only low-paid assembly linework or tasks of repetitive detailing.Thus, they remain confined to theperipheries in this sector.

of all employees in the organisedsector. The proportion of women was

highest in what are possibly the mostbackward and low-paying segments of industry, agriculture, forestry, fisheriesand plantations. It was lowest inelectricity, gas and water. In terms of absolute numbers, the largestconcentration was in community,social and personal services, like

education services and medicalservices.

9.34 Out of the t ot al womenworkforce in the organised sector,58% were in the public, and 42% inthe private sector. The corresponding

Table 9.7

Industry wise Women’s Employment in the Organised Sector , 1999

Industry % of Female Workers

Agriculture 10.4

Mining and Quarrying 1.6

Manufacturing 20.9

Electricity, gas, water 0.9

Construction 1.4Trade, Hotels 1

Transport, storage and communications 3.6

Financing Insurance 4.7

Community, personal and social services 55.5

All Industries 100.0

Source: Ministry of labour, Employment Review, Jan-March, 1999

Page 15: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 15/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

946

unorganised sector: As has beenstated earlier, women constitute a

large percentage of the workforce inthe unorganised sector. Data from the55 th Round of NSS (1999-2000) showthat in the non-agricultural sector,Own Account Enterprises (OAEs)have a higher concentration of women workers. OAEs providewomen the freedom to organise their

time in such a way that they canundertake activities along with theirdomestic chores. Even under OAEs,most women are not working asowners or hired workers, but are putin the residual category of ‘otherworkers.’ In rural areas, they accountfor 35% of all ‘other workers.’

9.35 THE UNORGANISED SECTOR:Globally, the unorganised sector has

been growing in relation to theorganised sector. In this sector, thereare no defined or regulated conditionsof work or employment. It includes ahigh percentage of agriculturalworkers and also workers who are notattached to any particular employer.It has been estimated that this sector

contributes over 60% to the NDP andover 60% to household savings. Theunorganised sector also contributessubstantially to the exports of thecountry, accounting for Rs.46,000crores, (1996-97) which approximatesto 40% of the total export earnings.

9.36 Women worke rs and the

Table 9.8

Distribution of Workers by Gender, 1999-2000 (Percentage)

Gender Rural Urban Combined

Male OAE 72.18 81.28 75.76

Estb. 83.75 91.1 89.32

Female OAE 27.8 18.7 24.2

Estb. 16.2 8.9 10.7

Page 16: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 16/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

947

Source: NSS 55 th round

Table 9.9

Percentage of female workers in different activities,1999-2000

Activities Working owner Hired worker Other Worker/

helper

Full Part Full Part Full PartTime Time Time Time Time Time

All Enterprises

Rural 16.2 6.32 15.69 3.04 35.05 22.07

Urban 10.94 3.23 8.97 1.31 19.57 9.48

Estb

Rural 6.93 2.06 16.6 2.37 23.11 6.84

Urban 4.73 1.21 9.04 1.18 7.28 3.73

OAEs

Rural 16.77 6.58 7.33 9.16 35.73 22.93

Urban 12.79 3.84 7.63 3.92 23.11 11.13

Source: NSS 55th round

9.37 The percentage of sel f-employed women is higher in Own

Account Enterprises (OAEs) ascompared to those in Establishments.It can be seen that a slightly higherpercentage of women are working as

owners in rural areas than in urbanareas – in both establishments as wellas in OAEs. But the most significantform of employment for women inrural as well as urban areas is as

‘other workers,’ i. e, unpaid family

Page 17: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 17/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

948

hands in OAEs.9.38 Within the unorganised sector,

women have an overwhelmingpresence in agriculture, forestry,fishing, plantation and allied activitieswith the highest proportion workingas agricultural labourers andcultivators. They predominate incertain industries such as garments,textiles, food and electronics. The

seasonality of work in the agriculturalsector and the lack of other avenuesof work, make them vulnerable to arange of exploitative practicesincluding attempts to depress theirwages or remunerations. Though theyare economically active and contributeto the national economy, they remain

invisible and poor. According to theHuman Development Report of 1990,

“Women typically work about 25%longer hours than men: up to 15hours more a week in rural India, and12 hours more in rural Nepal. Buttheir total remuneration is less

because of their lower wage rate andtheir preponderance in agriculture and

the urban informal sector, where paytends to be less than in the rest of the economy. In urban Tanzania50% of the women working are in theinformal sector, in urban Indonesia33%, and in Peru 33%.

9.39 “The persistence of female-male gaps in human developmentoffers a challenge and an opportunityto the developing countries – toaccelerate their economic and socialprogress in the 1990s by investingmore in women.”

9.40 TIME-USE ANALYSIS: Thetime-use analysis significantly,overcomes the lacunae of conventional methods of datacollection which disfavour women. Itcaptures the division of a day by men

Female

68.2

20.6111.14

S NA E xt ended S NA Non-S NA

Male

72.89

2.1724.98

SNA E xt ended S NA Non-SNA

Page 18: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 18/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

949

and women in paid and unpaid work.Marketed activities are valued at their

market price. Activities aimed towardsself-consumption are valued either interms of the opportunity cost of thelabour time, or vis-à-vis the price of the close substitute. This analysis isfree from any socio-cultural bias. Itsimply records the various activitiesundertaken by the respondents on a

given day.

9.41 The time-use survey revealsthat on an average, the time that mendevote to unpaid family responsibilitiesand care labour is roughly one tenthof the time spent by women. Several

studies show that the time womenspend in unpaid work often variesthrough the course of life, expandingand contracting in accordance withtheir responsibility for others –working to fulfil their responsibilitiesas mothers, working for husbands,looking after children, in-laws, etc. On

the other hand, regardless of theirposition in the course of their lives,the hours that men spend per week onunpaid household work tend to remainfixed, and low.

9.42 The in fe rence i s obvious .

Women have restricted opportunitiesfor public participation because their

family responsibilities are organisedaround homes. These affect theirchances of employment. They oftenhave interrupted labour forceparticipation and consequently, sufferdownward mobility and increased risk of poverty and vulnerability. Theoverall effect is lower lifetimeearnings and less employmentsecurity which further increases theirdependency on a male ‘provider.’ Women’s work participation canincrease substantially if thesupportive services such as day careand maternity benefits are provided tothem.

WOMEN WORKERS IN ALIBERALISING ECONOMY

9.43 WHAT DOES LIBERALISATIONMEAN FOR THE ORDINARY PERSON? The main observationsthat the Commission wants to makeon the processes of globalisationand their impact on the workforce,labour market, industry andindustrial harmony, have alreadybeen made in the chapter onglobalisation. However, whilediscussing the impact of liberalisationand globalisation on women workers,

Page 19: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 19/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

950

we have to recapitulate some of thefactors that we have already referred

to. But we do so, in this chapter, withspecial reference to the impact onwomen workers.

9.44 I t c an be seen that thediscussion on the subject often goesalong two opposing lines. There aresome who vehemently supportglobalisation and cite evidence tosupport the claim that it has

‘unleashed’ the productive forces inthe country. On the other hand, manyanalysts and activists believe thatglobalisation has affected peoplenegatively. They point to increasinginequalities, to large-scaleunemployment, to deterioratingconditions of work, to a shrinkage of the formal sector, and to evidence andstatistics that show that poverty hasincreased.

9.45 It can well be argued thatthese contradictory views reflect thedifferent ways in which globalisationhas affected different classes of people. For some sectors of theIndian middle class, and perhaps forsome entrepreneurs, we find apositive story. The picture changes

when we look at the evidence in thelives of poor classes. The figures

analysed for different income groups,show that on the one hand, absolutepoverty has decreased but on theother, inequality has shown anincreasing trend.

9.46 While liberalisation has led to

job losses in the organised sector,particularly in the Public Sector, theemergence of new types of work innew markets, local and global, haveled to new opportunities for some. Atthe lower end of the spectrum, somepeople who had no work, or whosework was extremely marginal in terms

of security or income, have gainednew employment opportunities,primarily in the unorganised sector.These newly created employmentopportunities do not have upwardmobility, and usually involve lowskills. On the other hand, for somecategories of the educated middle

class such as those in InformationTechnology, liberalisation has broughtsubstantial opportunities requiringhigher skills and providing higherincomes.

9.47 This variation in opportunities

Page 20: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 20/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

951

examined in food processing, textilesand garments, beedi rolling, crafts,

and home-based industrialsubcontracting. Vendors, healthworkers and construction workerswere examined under the tertiarysector.

9.49 The impact of globalisationin all these sectors, is visible in avariety of ways - throughtechnological change, ‘flexibilisation’ of the workforce, opening of newmarkets, changing social norms,growing pressures on resources andso on. The paragraphs that followgive a brief sector-wise review asrevealed by these studies

THE PRIMARY SECTOR

9.50 The fores try sec tor: Theimpact of globalisation on the forestrysector shows the effects of the

environment movement as well as theopening of international markets.There is strong evidence to show thatthe new consciousness onenvironment has led to a growth of the tree cover in the last decade.There has also been an increase of imports of timber and pulp, leading to

is more visible in the case of femaleworkers. Women with degrees from

good universities in metropolitanareas, from families that are wellacquainted with English, have a largevariety of possible job openings.Today, they have begun to work in alarge number of non-traditional areas,from television to InformationTechnology. Women from rural areas

and poor families have feweropportunities. Even where oppor-tunities exist, they are less appealing.For example, the new export marketsin the fish processing industry haveopened new job opportunities foryoung women. But the conditions atmany places of work are appalling.

Since these industries prefer young,unmarried women, the span for yearsof employment remains restricted.

9.48 Our Study Group on WomenWorkers and Child Labourcommissioned studies of some sectors

where there is concentration of women workers, and where there issome preliminary evidence of theeffects of globalisation. Within theprimary sector, the studies were onlivestock, agriculture and forestry. Inthe secondary sector, women’semployment and income were

Page 21: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 21/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

952

further conservation of our forestresources. On the one hand, this has

led to the closing down of sometimber or wood-based industries, whileon the other, the exports of minorforest produce seem to haveincreased. There is hardly anyimpact of liberalisation on themanagement of forests, since statecontrol and state monopoly continue.

If there are major policy changes inthis sector, and if the state is willingto open up areas for nurseries,cultivation of fodder, afforestation andconservation, new job opportunitiesmay be created for women in thissector.

9.51 Livestock: Rear ing catt le islargely a women’s activity. It is oftencombined with ‘housework’ or ‘nonproductive’ activity. But livestock products are both monetised andnon-monetised, the milk that isproduced at home, being partly usedfor home consumption and partly for

sale. As a result, reliable statistics onwomen’s contribution in the field of livestock are not available. Aboutthree-fourths of rural householdsown livestock. India’s livestock population is the largest in the world,and the prospects for larger marketsfor milk and milk products, both in

India and abroad, seem bright. Themain policy implication in this sector is

the need to recognise the potentialfor women’s contribution, to increasetheir skills and knowledge, and, toensure their ownership of both thelivestock assets as well as partnershipin institutional set-ups such as co-operatives.

9.52 In spi te of the fac t tha tthe maximum number of womenwork on land in the agricultural sector,they seldom own resources. TheWorld Development Report 1996 alsopoints out that “Women have feweropportunities to secure livelihoodbecause of constraints to landownership and lack of access tocredit.” A majority of them work asagricultural labour or as unpaidworkers on family-owned land. Avery strict division of labour on thebasis of gender, characterisesagricultural activity. The tasksperformed exclusively by women are

usually the most back-breaking andlow paying, e.g. transplanting,weeding, winnowing, threshing,harvesting and so on. These tasksare also monotonous and repetitive,and involve harmful postures, wetconditions and handling of toxicmaterials. Yet, there is wide disparity

Page 22: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 22/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

953

between men’s wages and women’swages, with women being paid far less

than men in most States. Recenttechnological changes have eliminatedmany jobs traditionally performed bywomen while the exodus of men fromvillages has imposed further burdenson them. Increasing commercial andmechanised farming has often meantdisplacement of women workers

from their villages and migration tourban areas in search of employment,leading to food insecurity and worseliving and working conditions.

THE SECONDARY SECTOR

9.53 The Small-scale sector: From

the ‘60s, the Government of India hasbeen promoting small-scale industriesby giving subsidies, tax exemptionsand the like. With the emphasis nowshifting to large industries, workersfrom the unorganised sector, who areemployed in these industries, haveexperienced adverse effects on their

employment. Small-scale industrieshave lost the tax advantage that theyhad, and there has been loss of employment due to cheaper imports aswell.

9.54 Beedi rolling: It is a major areaof employment for women, which,

however, remains low-paid, insecureand hazardous for health. The risks

to health are not confined to thosewho work, but extend to children whoplay around tobacco and to otherswho often live in unventilated housesin which the work goes on.Globalisation has affected thisindustry in two ways. Firstly, theinternational anti-tobacco campaign is

threatening to reduce the work in theindustry, and secondly, beedis arefinding new international markets. Themain challenges here are, toimplement the existing legislation forprotection and welfare of beedi

workers as well as to begin the searchfor new avenues of localemployment, and training for newskills.

9.55 The Crafts sector: The craftssector is closely linked withinternational markets. Today it earnsover Rs.8000 crores through exports.Women are concentrated in certaincrafts like embroidery, weaving, cane,bamboo and grass products, costume

jewellery, pottery, coir products etc.However, in recent years they areentering male-dominated crafts like

brassware. The market for craftproducts is expanding both in Indiaand abroad, and artisans have

Page 23: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 23/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

954

already begun blending traditional skills

with new technologies and designs.

For women artisans in particular, thereis a need to promote skill upgradationalong with a more market-oriented

approach to production.

9.56 The study on industrial sub-contracting shows the extent to which

major private sector and even publicsector companies have resorted to

outsourcing work, including home-

based work, in recent years. Althoughthis has increased work opportunities

for women, it is unfortunate that theearnings are very low, sometimes wellbelow the minimum wage. The

average monthly earnings in technical

trades like electricals are reportedlyRs. 450 per month; strangely, no

different from aggarbatti making orleaf plate making. Nor do theworkers engaged by sub-contractors,

have access to social security

systems. Due to the low piece ratesin home-based work, women take the

help of their children, thus leading toa situation where the incidence of child labour seems to be increasing in

the home-based trades. The ILO

adopted a Convention on Homework in 1996. The Commission

recommends that the Government

formulate a National Policy on Home-

based Work, in conformity with the

provisions of the ILO Convention.

9.57 Food processing: Within the

food-processing sector, the last

decade has seen increasingmarginalisation of the small scale and

unorganised sector. Women, usingtraditional skills in many primary food-processing areas, carry out a large

proportion of food processing in the

unorganised sector. Extensivetechnological modernisation in the

organised sector is also displacing notonly large numbers of unskilledworkers among women, but also

many skilled workers, whose skills

have become obsolete for handlingnew technologies. Whereas the

Government is investing heavily in theorganised food-processing sector,there is practically, no attention being

paid to the unorganised sector. This is

one area where upgrading skills andbringing in modern technologies of

food processing, preservation andpacking can create manyemployment opportunities, particularly

for women.

9.58 The textiles and garments

industry: It is a major employer of

Page 24: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 24/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

955

women. In particular, the cotton

textile, handloom and to some extent

power loom industry and the growinggarments sector, both factory andhome-based, employ women.

Unfortunately, employment inhandlooms is declining (in spite of a

growing market), because of lack of

availability of cotton yarn, competitionfrom power looms and lack of skill

training. Linking of handloom weaversto market requirements and skillupgradation of the weavers, will

improve their employment prospects.

9.59 The garment sector hasbecome the fastest growing export

sector in the country. Women are

employed here, both in the exportfactories as well as in home-based

work. In the factories they earn morethan home-based workers, but requireprotection of the labour laws for social

security. They also require continuous

upgradation of skills for increasedproductivity and earnings. We have

already referred to the need toformulate and implement a NationalPolicy on Home-based Workers.

THE TERTIARY SECTOR

9.60 The Construct ion sector : In

this sector, it is foreseen that the

requirements of the World Trade

Organisation (WTO), will bring in

major changes in technology throughprefabrication and the induction of labour replacing machinery. This will

lead to a major reduction inemployment opportunities, especially

for women, who now do most of the

manual work. The present dayconstruction industry does offer

incomes that are higher than those inother unorganised employments, butthe working conditions, health and

safety risks and the strains are

almost intolerable. The challenges inthis sector are two-fold: first, to

improve the working conditions andthe social security support to women

construction workers, and second, toundertake rapid skill upgradation and

policy measures, to accelerateemployment opportunities for women

workers in the scenario of changingtechnologies.

9.61 Street vending and rag picking:

These are other major areas of employment for women in both urbanand rural areas. In the last five

years, there has been considerable

pressure on vendors, which cancertainly be traced to globalisation. In

the urban areas, there has been a

Page 25: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 25/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

956

tremendous increase of vehiculartraffic due to the opening of the

automobile markets. Indian cities too,are now being planned and built withmulti-storey complexes and separatecommercial centres. This has placedgreat pressure on existinginfrastructures, and necessitated largeinvestments in rebuilding. The streetvendor is now perceived as a

‘nuisance’ in the way of the newinfrastructure, and is being removedwholesale. The Indian middle-classtoo now wants cities without streetvendors. In the rural areas, there isan increasing pressure on the rural

‘haats ’ as the space that wastraditionally reserved for them is now

being privatised and used for otherpurposes. In order to preserve andexpand this employment, it isnecessary to make provisions forvendors at the stage of town planningand laying infrastructures. A similarattitudinal change is needed in thecase of rag pickers who derive their

employment from collecting wasteand at the same time provide acleaning and recycling service to thecity. They need to be recognised ascontributors in the task of maintainingthe environment of towns and cities.

THE SERVICE SECTOR

9.62 It is well known that theservice sector is rapidly expanding inIndia. The informal or unorganisedservice sector is also expanding withthe large scale opening of opportunities for women. The largestincrease in employment opportunitiescomes from domestic service,education (including home-tuitions),childcare and health services.Unfortunately, women workers in thissector have received very littleattention, with the result that theirearnings remain low and theiremployment insecure. Domesticworkers need protection of earningsand training for higher skills; there hasbeen a long-standing demand for aLaw on Domestic Workers. We willrefer to this in a later paragraph. TheHealth sector is also expanding.There are between 2 to 3 millionmidwives (or traditional birthattendants) in the country, and mostof the births in rural areas are stillattended by them. Unfortunately, notenough attention has been paid tointegrating these practitioners withinthe growing health system, increasingtheir skills and helping them to attainthe status of professional healthproviders. Wherever this has been

Page 26: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 26/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

957

done, it has been found that it hassignificantly increased the earnings of

the midwives, and has resulted inbetter maternal and child healthservices.

9.63 There are approximately 5 lakhnurses of various categories in thecountry. Although there is a perceivedshortage of nurses, the incomes

received by qualified nurses remainlow at an average of Rs. 60 per dayin the rural areas, and Rs. 84 in theurban areas. At the same time, theyhave long working hours, run the risk of sexual exploitation, and lack upwardcareer options. Many nurses arelooking for opportunities to emigrate,

particularly to western countries.There was considerable demand forIndian nurses in the Gulf countries,but now nurses from the Philippinesseem to be in greater demand.Stringent visa rules and educationalrequirements have made it difficult formany nurses to go to the more

attractive western countries. Withmore investment in career training fornurses and midwives, and betterworking and earning conditions, thereis great potential for employment,both for fully qualified nurses andauxiliary nurses and other para-medicals.

9.64 An Approach to the Future: Anumber of socio-economic forces are

causing rapid changes in people’slives. The main question that facesus is how to react to these forces.What are the forces that will improvethe life of women workers and theirwork? What are the forces that harmthem? What action should be takento see that they, and their families,

are set on the path to development?What needs to be done to increasetheir work capacities and work opportunities, and to enable them tomake their voices audible?

9.65 The need for a minimumwage/income: The Study Group hasfound that the earnings of womenworkers in most sectors are muchbelow the minimum wage. TheCommission supports the view of theStudy Group that this situation has tochange. It is unjust that a workerspends many hours at difficult work,and yet does not earn enough tofeed herself and her family. Thestudies conducted by the group showthat many large companies aresubcontracting work to small factoriesand to home-based workers. Thewomen employed in theseundertakings or activities are earning

Page 27: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 27/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

958

barely Rs.500 per month, whereasthe minimum wage is Rs.1500 or

more and a worker in a private sectorfactory, doing the same work isearning at least Rs.3000. Similarly,women in fish export factories earnapproximately Rs.800 per month.

9.66 The Commission is of the viewthat anyone who employs a workerdirectly or indirectly should be requiredto pay at least the minimum wage orassure a minimum income. Everyworker needs basic inputs such asfood, clothing, shelter, medicalservices, education, etc. to be able tomaintain his or her efficiency. Aminimum wage will ensure that he orshe can afford these. An assuredminimum income will go a long wayfor the worker, and will reduce thetemptation to use minor familymembers to supplement the incomeand thus, to ensure survival.Exploitation of children could beeffectively controlled if parents’ wagesare such that they can afford to keeptheir children in school.

9.67 Payment of Minimum Piece-rate: The purpose of minimum wagelegislation can be defeated if employers fall back to the piece-rate

system and keep piece-ratesdepressed. Moreover, the Minimum

Wages Act covers only workers whocan be shown to have an employer-employee relationship.

9.68 Gatherers of forest produceare paid at piece-rates by the ForestDepartment. According to studies,they earn less than Rs.1000 permonth (depending on the product).Wholesalers pay waste-pickers per kiloof paper or plastic collected,approximately Rs.25-30 per day.Sharecroppers are paid by a share of the crop, and get only a one-fourthshare (if their contribution is confinedto labour). These are all ‘piece-rated’ methods of payment to a worker,used by a person who has completecontrol over the worker and theproduct, but wants to keep theemployer out of the ambit of theMinimum Wages Act. We endorse theview that minimum rates need to befixed in all work situations even wherethere is no clear employer-employeerelationship and a piece-rate systemof payment is followed.

9.69 Employment at the Centre of Liberalisation Policies: Today, whenliberalisation policies are being

Page 28: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 28/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

959

formulated, their effect onemployment is rarely calculated or

taken into account by economists andpolicy makers. When severe negativeeffects are felt in certain areas orcertain sectors, there is a greatamount of social discontent andopposition, but often, it is too late forpolicy makers to take any remedialmeasures. Many organisations of workers such as trade unions, farmers’ associations and other activistorganisations have talked to us aboutthe negative effects of liberalisation.

9.70 There is evidence to show thatthis fear is not unfounded. The studiesconducted by our Study Group show

that the effects include:

a) Loss of ex ist ing emp loymentwithout creation of alternativeemployment.

b) Changes in employment due tomechanisation and new

technologies.

c) Changes due to Informalisationof Work.

d) Creati on of new employmen topportunities.

9.71 (a) Loss of ExistingEmployment Without Creation of

Alternative Employment: Our StudyGroup on Women & Child Labour has

pointed out many cases where

liberalisation has caused loss of

employment without creation of

alternative employment. The

displacement of street vendors is one

such example. After liberalisation,

there have been large investments inurban infrastructure. City

Governments have adopted a policy

of removing street vendors with no

thought of rehabilitation, thereby

causing loss of employment. In

Kolkata, for example, ‘Operation

Sunshine’ of the Municipality caused a

loss of nearly 50,000 jobs overnight.

9.72 Such lo ss o f emp loymen t

without creation of any alternative

employment also happens when an

Indian product is displaced by imports

from the world market. Thousands

of women silk spinners and twisters inBihar, have lost their employment due

to the import of ’China-Korea’ silk

yarn. Weavers and consumer s

prefer this yarn as it is relatively

cheaper and has a better shine. Rag

pickers in many cities have lost

employment as a consequence of the

Page 29: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 29/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

960

import of waste paper from

developed countries. In Gujarat,

women gum collectors, who werepicking from the prosposis julifera

(Baval) trees, have lost their

employment due to the import of

cheaper gum from Sudan.

9.73 Similar displacement has come

with the entry of large fishing vessels

into Indian waters. These vessels take

away the fish that could be collected

by smaller Indian fishing boats,

thereby destroying the employment of

fishermen and women, fish sorters,

dryers, vendors and net-makers.

9.74 Other indi rect effect s o f

globalisation are also visible. We do

not minimise the need for

consciousness about the evil effects

of tobacco on health. But beedi

manufacturers have told us during

evidence that the anti-tobacco

campaign is one of the factors

affecting employment in the industry. Yet another indirect eff ect of

liberalisation is the growth of concern

about the environment. As part

of this concern, employment and

environment are often posed as

alternatives to each other, and in

recent years, there are instances

where environment issues have taken

precedence over considerations of

employment, and where industrieshave been shut down causing large

scale loss of jobs. This has also

happened as a consequence of the

judgements of the Hon’ble Supreme

Court and High Courts. Those who

appeared before the Commission in

many States, including the Himalayan

States and Andamans, drew ourattention to the closure and

consequent loss of employment in

wood-based small industries. In

Delhi, thousands of workers lost their

jobs with the closing of small and

home-based industries.

9.75 (b) Changes in employment

due to mechanisation and new

technology: Women are the most

affected by changes that are caused

by mechanisation. The employment

of manual workers is reduced and

displaced by workers who can run

machines. In these cases, the totalnumber of jobs is reduced drastically

with the introduction of new

machines, although the income

earned by the employed workers

may actually increase. Moreover,

various micro studies show that

technical change has eliminated many

Page 30: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 30/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

961

jobs traditionally performed by

women. In the agricultural sector

men have substituted women inactivities in which machinery has

displaced manual labour. All other

labour intensive tasks are still left to

women. Thus, the introduction of

tractors, harvesters, insecticides,

weedicides, hormone accelerators,

high yielding variety seeds and

mechanical cotton pickers has meantthat tasks traditionally performed by

women, and on which many women

depended for their livelihood, have

been lost to men or machines.

9.76 Weeding in paddy producingareas is done mainly by women.

When chemical spraying replaces

weeding, the spraying is performed by

men. Similarly, the introduction of rice

mills has displaced hand pounding

done by rural women. Rice mills utilise

husking equipment with the

consequence that women who usetraditional husking methods have lost

their means of livelihood.

9.77 In const ruct ion, under the

prevailing WTO regime, the essential

requirements of global tendering have

facilitated the entry of many large

companies in the Indian construction

scene in a big way. The presence of some of these companies is

increasingly visible in many

infrastructure development projects

being undertaken under government

funding as well as under bilateral/

multilateral assistance arrangements.

With increased mechanisation, there

will be massive displacement of labour in nearly all construction

operations. Women labour may be

affected most, and may be

eliminated from the main operations

in which they have been traditionally

deployed, namely, soil digging and

carrying inputs for concrete mixing,

carrying bricks etc. It is estimated

that the overall deployment of labour

will become 1/20th to 1/5th of the

current numbers. Obviously, manual

labour will be increasingly eliminated

from the construction sites, and

women workers may turn out to be

the worst affected by these changes.

Table 9.10

Major Construction Equipment/

Accessories being Factory-

produced

Page 31: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 31/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

962

Equipment/Accessories Impact on Labour

Excavators Reduction to 1/20th of present workforce

Ready-mix concrete (RMC) plants Reduction to 1/20th of present workforce

Wall panels (made from fly ash-based Reduction to 1/10th of present workforce

cement)

Pre-fabricated segments Reduction to 1/10th to 1/5th of presentworkforce

Complete pre-fabricated steel structures Reduction to 1/20th of present workforce

High-strength concrete ASC slabs of Reduction to 1/20th of present workforce

different sizes (made from fly ash

based cement)

Auto-dov wall panels using fly ash Reduction to 1/20th of present workforce.

cement (aerated, light weight–half of a mud brick weight, low cost and high

heat isolation property; most useful in

earthquake prone regions).

9.78 On the other hand, there will

be an increase in factory productionas well as growth in the need forvarious construction skills for masons,tile fitters,ainters, plumbers, cementfinishers, glaziers, electricians etc.Unfortunately, there are few womenwith these skills today.

9.79 In the textile sector, handloom

spinners and weavers are beingrapidly replaced by power looms, andpower loom workers with lesserquality machines are being displacedby those with better qualitymachines. The spinners and winders,who are mainly women, are beingcompletely displaced. Handloom

Page 32: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 32/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

963

weavers, both men and women arelosing work. Most power loom

workers are men. At the same time,the power looms that are beingdisplaced are those that are in smallwork sheds or homes, where womenare engaged in greater numbers.

9.80 In the food-processing sector,

the big domestic companies andmultinationals with huge investmentsand state of the art technology areentering the processed food sector ina big way. They are pushing out smalland unorganised units out of themarket. Due to lack of finance,absence of access to latest

technologies and modern qualitycontrol facilities, and measures of sales promotion, these units are notable to meet the required high qualitystandards. Neither are they able totake up production of new ranges of attractive products for a rapidlychanging market. For instance, Pepsi

that has entered in bhujia namkeen manufacturing, has not only capturedpart of the market of small units but isalso endangering their existence,according to some surveys.Companies like Brooke Bond havestarted manufacturing and marketingchilli powder, jeera powder, powders of

other condiments, sambar powderand the like. Thus, the small scale

and unorganised sector whichdominated the country’s foodprocessing is in danger of beingincreasingly marginalised. This isalready affecting employmentavenues and opportunities forwomen.

9.81 In the screen-printing industryof Ahmedabad, mechanisation hasreduced employment by nearly 50%.

9.82 Recent mechanisation in zari

embroidery has displaced many

home-based women who did zari embroidery by hand.

9.83 We have cited these instancesfrom among the many that werebrought to our notice, only toillustrate the way opportunities for

employment are disappearing whilenew opportunities are not beingcreated for those who lose theirmeans of employment and livelihood.

9.84 ( c) Ch an ge s du e t oinformalisation of work: One of the

Page 33: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 33/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

964

major concerns today is thecasualisation of the workforce.

Casualisation is resulting in increasedemployment opportunities for someand loss of jobs for others. On thewhole, casualisation displaces thebetter-paid, more protected workers,and increases insecure and low-paidemployment. Men lose jobs, and aresubstituted by women. Studies

conducted by the Study Groupshowed that the largest employmentchange was in the industrial sub-contracting sector.

9.85 Many big companies, includingmultinational corporations (BPL,

Johnson & Johnson Ltd., ElinElectronics, Hindustan Lever Ltd. etc.)have evolved a vendor system of subcontracting for their production.Depending on the nature of work,some of these vendors either employwomen workers in large numbers, orgive out work to home-based workers

mostly through contractors.

9.86 Often, big corporates in theheavy industry sector have a very biginventory of plant accessoriesrequired in their plants on a regularbasis. Some companies have set up

co-operatives of women living in thevicinity of their plants for production

of such items. (Examples: Steel Authority of India Ltd. and BharatHeavy Electricals Ltd.). Yet othershave a subcontracting arrangement.Established companies give outwork to small units in the organised/unorganised sector, which in turnoutsource some simple operations to

home-based workers. The companyoften deals with these units/workersthrough contractors who get theproduction work done and deliver theoutput to the company (Examples :

Finishing and quality control,assembling, sorting, packaging andlabelling). Many medium and small-

scale industries in the organisedsector, and production units in theunorganised sector subcontract work to home-based women workers.Generally, the manufacturersestablish direct contact with theseworkers, and sometimes even act ascontractors for bigger companies.

9.87 Sub-contracting of work givenout to home-based workers has beenfound to be widespread in theunorganised manufacturing sector,and seems to have expandedconsiderably over the past decade.

Page 34: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 34/51

Page 35: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 35/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

966

nearly half those of men. Womenengaged in hand printed textiles get

the maximum rates followed by thosein the cane-bamboo making industryand zari work. The wage rate in threewomen-dominated crafts - lace work,reed mat making and leatherwear - isextremely low. In fact, all craftsindicate a status quo in wages overthe years. As in other industries in the

unorganised sector, the payment of wages to artisans is on piece-ratebasis. For the crafts-persons, thepredominant channel for marketingtheir produce is the vast network of middlemen/traders. Nearly 93% of theartisans dispose of their productsthrough this channel. Only 3% of the

crafts-persons undertook direct exportactivities although 46% of the self-employed artisans were aware of thefinal destination of their products.

9.92 Another area of expandingopportunities is in services of alltypes. Personal services such as

domestic work, cleaning and cookingservices and care of children and theelderly, is increasing rapidly in theurban areas. Women provide most of these services. However, even inthese areas, the earnings remain lowin the unorganised sector, and work remains irregular. Health services are

another area of expansion. India hasalways had a very large private

medical sector, especially for non-hospital care. The slowing down of state investment in the hospitalsector was in itself a signal to theprivate sector, and the Statesupported this by giving subsidies,soft loans, duty and tax exemptions,etc. Secondly, the introduction of

modern health care in the rural areasby the State through the setting upof Public Health Centres (PHCs) andcottage hospitals paved the way forthe private sector, by creating amarket for modern health care in theperipheral regions. The number of specialists being turned out has

increased tremendously. Theirdemand in the West has gone downcomparatively, and that too may haveplayed a role in the growth of privatehospitals, since most specialistsprefer practice in hospitals. Thelivestock area is another sector wherethere is an increase in employment

opportunities, especially for women.With globalisation, prospects of theexport of milk and milk products seemto have brightened. Among the fourmajor players in the internationalmarket - the European Union, NewZealand, Australia and United States -New Zealand is the only country that

Page 36: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 36/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

967

does not offer any subsidy to milk producers. Since India too does not

provide any subsidy to its milk producers, with the withdrawal of subsidies under WTO agreements,India will become price competitive.India’s proximity to major dairymarkets (Middle-East, South-East

Asia, North Africa) is anotheradvantage. Countries like Malaysia,

Philippines and South Korea areimporting more than 95% of the milk they consume. Even Thailand importsaround four-fifths of its milk requirements. Given the low overheadcost and inexpensive family labour,India’s dairy sector is quitecompetitive. Yet, it was pointed out to

us that flavoured milk processed inChina was being imported and sold insome colonies in Delhi. We have nodirect information about other areas of the country. But, if it is available inone metropolitan area, there is noreason to believe that it is not soldelsewhere.

9.93 A study by the National Councilfor Applied Economic Research(NCAER) estimates the total work generated in the dairying sector asmore than 56 million person years perannum. As has been stated earlier,women play the predominant role in

dairy operations mainly carried outwithin the household. These include

milking, feeding and bathing of animals, processing of milk, andcleaning the cattle shed. Nearly 58%of the total labour in dairying isaccounted for by these operations,including cleaning. The mostimportant operation, in terms of timeexpended (around 30% of the total in

dairying), is fodder collection, and inthis, women play a predominant role.Unfortunately, women’s role in thissector is not given due attention, anddoes not appear even in thecensuses. In spite of being the mainworkers in this sector, they are rarelymembers of milk co-operatives, and

they do not receive the training thatis required for increasing theproductivity of the animals. Thissituation must be corrected.

9.94 Another g rowing a rea of employment is the manufacture of garments and associated work. There

is growth in both the domestic andexport markets. The opportunities foremployment of women workers areon the increase in this sector, but alarge percentage of the newemployment generated is sub-contractual, home-based work.

Page 37: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 37/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

968

9.95 Access to micro-finance has alsoadded to the growth of employment

for women. When a woman joins amicro-finance programme, it alsogears up the process of capitalisationin her life. The moment she startssaving, she builds up an asset over aperiod of time, and this ultimatelyhelps her in starting a new enterprise,upgrading her existing work, or

meeting future consumptionexpenditures. Studies show thatmicro-finance enhances women’semployment and livelihood in anumber of ways. She is able to takea loan to increase her working capitaland thus add to her earnings. She isalso able to take a loan to buy

working tools. She is often able todiversify into new types of employments and reduce the risk shewould have had to bear, if she haddepended on one kind of work. She isable to finance growth of employmentnot only for herself but also for herfamily, specially her children.

In the light of these considerations,we recommend:

9.96 All economic policies of theGovernment have an impact onemployment, especially for workers inthe unorganised sector. Therefore,

the adoption of each policy thatrelates to finance, industry and

agriculture must be preceded by anevaluation of its effect onemployment as well.

9.97 The situation becomes seriouswhen a policy results in large scaleloss of employment. In such cases,policies will have to be examined to

look for ways of reducing orpreventing loss of employment. Inthe fishing sector for example, it hasbeen suggested that foreign fishingvessels, should not be allowed intothe shallow waters, where localpeople fish. To save jobs for thecommon people, it may also be

necessary in some cases to restrictcertain imports, either by imposinghigher duties or by quantitativerestrictions.

9.98 Another way of dealing withthe loss of employment is to invest inrehabilitation. The question of

rehabilitation has been addressed insome cases in the face of displacement by Dam-relatedprojects. The same types of rehabilitation packages can be offeredto those whose livelihood has beenaffected on a large scale. Somerehabilitation schemes may, in fact,

Page 38: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 38/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

969

not even be costly, but may onlyneed some modifications in policy. For

example, the resettlement of streetvendors may require only allocation of appropriate areas in the towns andcities.

9.99 To deal with the shrinkage of employment that results frommechanisation and the introduction of

new technology, we recommend thefollowing measures:

a) Skill training and upgradation of skills for women on a widespreadand continuous scale. (This issuehas been dealt with in detail inthe chapter of the report that

deals with skills). In each sector,however, the required skills needto be identified, and a systemfor providing skills to theunorganised sector has to be setup. This must be the jointresponsibility of the Government,Industry and local authorities.

b) Identification and transmission of appropriate technology: Normallya number of differenttechnologies are available forany specific task. We need toidentify and promotetechnologies which increase the

productivity of workers, butwhich at the same time have

the least negative effect onemployment. Some viableexamples are hand tillers asopposed to tractors; smallerpowered and specialisedstitching machines which can beused at home or in smallworkshops; home-based tile and

block making machines, etc. Inthe food processing sector,many technologies such ascryogenic spice grinders, cryo-containers and refrigerators,quick fish freezing systems andcontrolled atmosphere foodstorage systems have already

been developed by institutionslike the Central FoodTechnological ResearchInstitute, the Indian Institutesof Technology, the NationalPhysical Laboratory etc. Butthey have yet not been madeaccessible to small producers.

These technologies need to befully exploited. Large-scaledissemination of thesetechnologies will also give aboost to the equipmentmanufacturing industry in thecountry.

Page 39: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 39/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

970

9.100 It is a cause for deepconcern that workers with security of

work, fair incomes and social security,should be deprived of theiremployment. However, the processof casualisation, or ‘flexibilisation’ as itis called, is widespread. Our concernis to assure a minimum level of income and security to all womenworkers regardless of where and

under what employment relationsthey work. We, therefore, proposethe following measures:

a) Very st rict implementation of the Minimum Wages Act andhigh penalties for breaches. Alltrades should be included in the

Act, regardless of existingschedules.

b) Expanding the Act to includeworkers under piece-rates,regardless of whether employer-employee relationships can beproved or not.

c) Identification of all workers andissuing them identity cards.

d) Ensuring social security to allworkers (Rec. No. 3 and 4 aredealt with in detail in theChapter on Social security)

e) We have proposed laws andpolicies for certain cate-gories of

workers (dealt with in detail inthe sector-wiserecommendations). Theseinclude:

A National po licy for Home-based Workers (in accordancewith the ILO Convention. This

policy has already beenapproved by the Tripartiteconference)

An Agricultural Workers Act (ABill has been drawnup and introduced in Parliament)

Measures to provide protection

to domestic workers.

A Manual Workers Act (On thelines of the Gujarat or TamilNadu Act)

A National Policy on Vendors

9.101 We have seen that there aremany areas where there has beenreal increase in employmentopportunities for women. Thoughmany of these employmentopportunities yield less income and donot have many avenues foradvancement, they can contribute tofurther increase in employment.

Page 40: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 40/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

971

9.102 We have made somesector-wise recommendations. For

example, forestry is a sector wherewomen’s employment can beincreased many-fold. Reforestation isa priority for the country, and forestsneed to grow. Women’s groups canbe given priority in reforestationprogrammes of nursery growing,plantation and tending of plants. The

collection, processing and sale of minor forest produce are anothermajor area. For instance, oneestimate shows that if the nurserygrowing for the Forest department inGujarat is done through women’sgroups, it can lead to additionalemployment for one lakh women forsix months. In the health sector,policies which would link ‘informal’ health providers especially midwiveswith the formal health system, willincrease both employment andearnings of the health providers.(Detailed recommendations may beseen in the Annexure).

9.103 Other general reco-mmendations for increasingemployment opportunities are:

a) Increasing micro-finance whichwould increase employmentopportunities through livelihooddevelopment (Details may be

seen in the Chapter on SocialSecurity).

b) Direct access to markets whichwill increase employmentopportunities as well asearnings. Recommendations fora number of sectors includingcrafts, livestock, garments, foodprocessing, agriculture andforestry may be seen in the

Annexure.

c) Training and skill developmentwill enhance productivity andearnings as well as opportunities(specific recommendations canbe found in the chapter on skilldevelopment)

CHILD-CARE :

9.104 Childcare is a majorinvestment in the protection anddevelopment of human resources. Ithas to be accepted that it is not thesole responsibility of the woman, butalso of the other parent and the

family and of society. Themechanisms of childcare should,therefore, be multi-dimensional. First,labour legislation should includeprovisions for crèches where thereare 20 or more workers irrespectiveof the gender of the worker so thatthe worker, whether mother or father,

Page 41: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 41/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

972

can leave the child in the crèche.Secondly, Childcare should find a place

in the Integrated Child DevelopmentServices (ICDS) programme. Thirdly,it should be recognised as part of thepolicy on education. Fourthly, low-costcommunity based approaches shouldbe encouraged and multiplied. Fifthly,the important role of the childcareworker should be recognised, and

compensated.

9.105 Children are the future of thecountry and the nursery of itsworkforce. Early childcare or lack of it determines, in many ways, thefuture of the country. The 0-6 yearperiod is crucial for the development

of the child. From conception until theage of 6-8 years, children go througha crucial process of development.They learn to cope with increasinglycomplex forms of thinking, feeling,relating to others and moving.Inadequate care and nurturing canresult in life long impairment of the

child’s faculties. In India, the earlyyears continue to be a hazardousperiod for children. Over a third of Indian infants are born with low birthweight, and a staggering 53% of children under five are malnourished.In terms of absolute numbers, 73million (or 40%) of the world’s total of

190 million malnourished children livein India 2 . As we have said earlier

today, the child is considered the soleresponsibility of the mother. But theworking mother is often bogged downby the burden of childcare, leading todecline in productivity as well asnegative impacts on the health of both the mother and the child.Besides, the assumption that young

children are taken care of in traditionalfamily arrangements is no longervalid. The number of women forcedto seek employment outside thehouse has increased. Today, thereare over 15 crore women living belowthe poverty line and 5-6 crore childrenunder 6 years belong to the group

where mothers have to work forsheer survival. Most of them are inthe unorganised sector.

9.106 These women workers haveto walk long distances by foot ortravel in crowded public transport toreach their places of work. On an

average, a woman worker works for10-12 hours a day, often 7 days aweek. A working mother is

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

2 Gupta, Neelam (1999), Home Based Workers et al: in

India, Study on Ready Made Garment, Aggarbatti and

papad workers, SEWA Bharat. 2000

Page 42: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 42/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

973

overworked and exhausted and oftenvery anxious about her child’s welfare.

Childcare provisions relieve her of oneof her multiple burdens, creates timeand space and work opportunities forher and supports her empowerment.Studies show that the provision of childcare results in up to 50%enhancement in the productivity of the mother as well as in lower

morbidity and better growth for thechild. In the absence of adequatechildcare facilities, a working motherhas often no option but to leave thechild with a slightly older sibling. A largepart of sibling caregivers are girl-children - many of them not abovethe age in which they themselves

need care and nurturing. Provisions of childcare facilities will release the girlchild to attend school and to enjoy herown childhood, and grow.9.107 The coverage of existing state-sponsored programmes for children isextremely limited, and do not reacheven a fraction of the children in this

age group 3 . Estimates show that only12% of children in the age group of 0-6 benefit from some form of earlychildcare programme. In addition,such provisions as exist, cater largelyto the 3-6 age group. The youngerand more vulnerable 0-3 groupremains largely untouched.

INTEGRATED CHILD

DEVELOPMENT SERVICES (ICDS)

9.108 The best-known governmentprogramme in this field is the (ICDS),which aims at the total developmentof young children. It has been quitesuccessful in developing aninfrastructure for childcare services,covering about 62% of the childrenand reaching out to rural and tribalareas. It also has an impressiverecord in areas like improving healthand nutritional status, immunisation,and enrolment of children fromanganwadis to primary schools andreducing dropout rates. However,ICDS is not programmed to cater tothe needs of working women, as itprovides services mainly for the 3-6age groups, and even these areavailable for only 3-4 hours per daywhen most mothers are at work andcannot access these services.Consequently, it is not of much helpto the mother in lessening herburden. The rigid hierarchicalimplementation structure of theGovernment, negatively influences

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

3 Kaul, Venita (1992), “Early Childhood Education in

India”, in, Gary A. Woodill, Judith Bernhard and Lawrence

Prochner (eds), International handbook of Early Childhood

Education, New York and London: Garland Publishing.

Page 43: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 43/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

974

community participation, flexibility andefforts towards sustainability. Besides,

its total dependence on thegovernment for funds, further leadsto lack of sustainability. Thesedrawbacks of the ICDS have to beseen against the fact that it absorbsthe bulk of the budget allocated bythe Government for mother andchildcare services.

9.109 There are several laws thatmake it obligatory for employers toprovide crèches for the children of women workers:

a) Factories Act 1948

b) Plantation Labour Act 1951

c) Mines Act 1952

d) Beedi and Cigar Workers’ (Conditions of Employment) Act,1966

e) Contract labour (Regulation and Abolition) Act, 1970

f ) Interstate MigrantWorkmen(Regulation of Employment and condition of service) Act, 1979

9.110 These Acts specify theminimum number of women workers

necessary for applicability (except inmines where a crèche is obligatory

even for a single woman employee),the quality of accommodation, typeof childca re etc. However, theimplementation of the laws is far fromsatisfactory. Existing laws that restrictthe provision of crèches toundertakings that employ 20 workingwomen or more, have worked against

women’s employment, and haveprovided employers with an excusefor avoiding the employment of women. Employers either employ afewer number of women, to escapethe applicability of the Act and insome cases employ only unmarriedgirls, or employ women on a

temporary basis.

RECOMMENDATIONS

9.111 REGARD CHILDCARE AS ANINTEGRAL COMPONENT OF SOCIALSECURITY: As we have pointed outearlier, Childcare is often representedas an exclusive concern of women.The burden of childcare must beshared equally between both theparents. The importance of acooperative relationship between thegenders in the care and nurture of young children has to be kept inmind. Childcare should, therefore, be

Page 44: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 44/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

975

part of the perspective of the activityof welfare boards, and protective

legislation. As we have stated earlier,there should be a provision forcrèches where 20 or more workers areemployed irrespective of the genderof the worker. This will enable the childto be brought to the crèche either bya mother or a father. If it is foundthat individual enterprises are not in a

financial position to run their owncrèches, enterprises may jointlyestablish and operate them. Anotherpossibility is that Panchayats or localbodies or local tripartite groups runcrèches, and employing units areasked to make a proportionatecontribution to the costs.

9. 112 RECOGNIZE CHILDCARE ASPART OF EDUCATION POLICY: Theproposed 83 rd Amendment Bill willguarantee the right to education forchildren in the 6-14 age group. Onlythose who can afford to nurture theiryoung children and provide them pre-

school opportunities, will be able totake advantage of this right. The agegroup of 3+ must be included toensure that children of disadvantagedgroups have equality of opportunity inthe school system.

9.113 CREATE A FLEXIBLE,

AUTONOMOUS CHILDCARE FUND: Aflexible, autonomous Childcare Fund

may be set up. This Fund can bedrawn upon to provide childcarefacilities to all women, regardless of income, number of children or otherconsiderations. The Fund should beat the state, rather than the nationallevel, for administrative convenienceand adaptability. The Fund should be

raised from multiple sources, andshould have autonomy in action andin developing income. [According tothe experience of the Self EmployedWomen’s Association (SEWA)childcare for a single child from 9a.m. –6 p.m. costs Rs 10/- per day.This includes nutrition (Rs 5), salary

of childcare worker (Rs.3), travel(Rs.1.85), and fuel for cooking (Rs0.15). On the basis of these figures,the total cost of providing day carefor 60 million children below 6 who arein need of care, can be estimated asRs. 2160 crores annually].

9.114 The best-known example of a designated childcare fund comesfrom Colombia. The governmentcollects a 3% payroll tax for thispurpose from public and privatecompanies with more than fiftyemployees, or with sufficient capitalto qualify as enterprises. This fund is

Page 45: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 45/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

976

administered by the ColombianInstitute for Family Welfare (CIFW)

which runs a nation-wide programmeof hogares familiales or day-carehomes for children under six. Thisprogramme meets expenses on thecare and developmental andnutritional needs of children.

9.115 USE MULTIPLE STRATEGIES:

A variety of strategies are required tomeet the varied needs of differentgroups. No unitary, centrallycontrolled childcare scheme orprogramme can provide solutions forall the varied scenarios. For example,the needs of mothers sellingvegetables in a market will not be the

same as those of factory orconstruction workers. Similarly,families living in remote ruralcommunities will need to be supportedin a manner different from those livingin urban slums. The needs of caregivers will also vary. Motherslooking after their children at home will

need information about pregnancy,breast-feeding, healthy nutritionalpractices, and the value of earlystimulation, while community workersrunning a day care centre will requiretraining in child development andgrowth monitoring. An altogetherdifferent approach is required when

the caregivers are themselveschildren. Their right to education and

to healthy development must takepriority.

9.116 The NGO sector in India isa good source of innovative, effectiveand low - cost approaches. Inaddition, creative responses havealso been developed by families that

live outside the ambit of governmental or centralised services.While small in scale, theynevertheless offer a wealth of approaches that could be successfullyincorporated into the practice of themainstream Government sector.

9.117 The global experience canalso have a few lessons for us. The

Accra Market Women’s Association inGhana developed a childcareprogramme that kept children safewhile mothers conducted business.The Accra City Council provided fundswhile the Department of Social

Welfare, Ministry of Health andMinistry of Water and Sewage,collaborated in refurbishing an oldbuilding near the market. At thiscentre, infants are provided full daycare, and a meal, and mothers areencouraged to come to the centre tobreast feed their children.

Page 46: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 46/51

Page 47: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 47/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

978

and allocation need to be corrected.Wages, conditions of work, training

and accreditation of childcare workersneed consideration at the policy level.Childcare workers like Aganwadi

workers have a low status, are poorlypaid and get little or no recognition.

Yet, they are expected to beresourceful, motivated and loving.Pleas for better working conditions run

into the argument that financialresources are not available. However,a close scrutiny of the budget showsthat lack of interest and will ratherthan total lack of resources is the rootcause for under-funding and the poorattention given to the needs of thesechildcare workers. NGO initiatives,

particularly in developing communitybased programmes, show thatworking in this sector can also be anempowering experience for poorwomen.

MATERNITY ENTITLEMENTS

9.122 A statutory scheme for theimplementation of maternityentitlements should cover all womenunder income criteria. The schemeshould provide financial support forchildbirth, childcare and breast-feedingin the first few months of the child’slife. The funds to support such a

scheme should be raised from abasket of sources, including the

employer, the employee, statecontributions, and communitycontributions. It should be linked withthe maternal and child healthprovisions of the public healthsystem.

9.123 The most productive years

of a woman’s life are also thereproductive years of her life. In theabsence of any provision formaternity leave, a woman workeroften has to leave her job to have achild. Poor health, additional medicalexpenses and loss of employment,make the woman worker economically

vulnerable during the period of childbirth, plunging her into a crisis of borrowing and high interest expenses.Often, she does not take adequaterest and starts working soon afterchildbirth with adverse effects on herhealth. This repeated neglect of awoman’s health during pregnancy and

childbirth manifests itself in highmortality rates (570 per 100000 livebirths), anaemia (88% in women 15-49 years of age) and low birth weightof the new born (33% babies lessthan 2500 gms). A mother’s health isclosely linked to the child’s welfare,and maternity entitlements are the

Page 48: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 48/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

979

lifeline to ensure proper survival anddevelopment of the child. In fact, the

development of the child begins withthe care of the pregnant mother and,thereafter, the opportunity to breast-feed her child for the first six months.

9.124 In recent years there hasbeen a distinct trend towards decliningallocation of funds for public health.

For instance, the Seventh Five YearPlan allocated only 1.75% of the totalplan investment to health ascompared to 3.3% in the First Plan.The last decade has seencasualisation of the labour force,especially women workers. They areincreasingly finding employment in

temporary and contractual jobs withinappropriate and inferior conditions of work. The withdrawal of the socialsafety nets to working women iscompounded by the privatisation of health care. The high rates of maternal and child mortality reflect theabsence of access to basic services

that can ensure the health of themother and the survival of the child.Today, the reality in the country isthat 85% of health needs are beingmet from private providers, and thispercentage is growing.

9.125 The main international

convention covering maternitybenefits is the ILO’s Maternity

Entitlement Convention, 2000. TheConvention includes the followingcomponents:

a) Maternity benefits should includeall women workers, whether fulltime or part time or employed inatypical dependent forms of

work.b) Leave should be gran ted for

periods upto 14 weeks with aminimum of 6 weeks ascompulsory in the post-natalperiod, and cash benefits shouldinclude not less than 2/3rds of awoman’s insured earnings.

c) E mp loy men t se cu rit y sh ou ldinclude protection fromdismissal. The woman shouldhave the right to return to thesame job. No dismissal shouldtake place if a woman is

pregnant or ill. In case of dismissal the burden of proof isto lie with the employer.

9.126 The ILO convention has alimited scope since it does notconsider the application of maternity

Page 49: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 49/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

980

benefits to all women. As far as thepresent framework of the Indian

Constitution is concerned, Article 42under the Directive Principles of StatePolicy provides that state shall makeprovisions for securing just andhumane conditions of work and formaternity relief. The two main Actsthat govern this provision are: TheMaternity Benefit Act, 1961 and the

Employees State Insurance Act 1948.9.127 Employees State Insurance

Act (ESI) 1948: The Act stipulatesthat a cash benefit is to be paid to aninsured woman in case of confinement, miscarriage, sicknessduring pregnancy, medical termi-nation of pregnancy, pre-mature birth

etc. The Act only applies to non-seasonal factories using power andemploying ten or more persons,factories not using power and someother establishments employing 20 ormore persons. The Act applies toemployees whose earnings are uptoRs.6500/- p.m. The paid leave in the

pre and post confinement period isgiven for twelve weeks. In addition,the woman is also granted a medicalallowance of Rs. 250 if herconfinement is in an area where ESICfacilities are not available.

9.128 Maternity Benefits Act, 1961:

It is applicable to all workers in theorganised sector who are not covered

under the Employees State Insurance Act. This Act covers workers inregular employment in factories,mines, plantations and establishmentsirrespective of the number of peopleworking in the establishment. Further,every woman employee who hasworked for a period of 80 continuous

days in one year is eligible to becovered under the Act. The salientfeatures of the Act include protectionfrom dismissal during pregnancy, and12 weeks of paid leave of which sixweeks may be taken in the periodpreceding childbirth if the mother sodesires. Further, the Act also

stipulates that the employer will notcompel the woman to do anyarduous work during her pregnancy,or give notice for discharge ordismissal during this period. It alsomakes provisions for two nursingbreaks of 15 minutes each, once themother gets back to work.

9.129 It is universally acknowledgedthat there are inadequacies in boththe Acts at the National Level. These

Acts only cover workers in theorganised sector. There is a need,therefore, to extend maternitybenefit measures to women workers

Page 50: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 50/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR

981

in the unorganised sector. Moreover,the coverage of these Acts is very

limited even in establishments whereall working women are covered bythem. A study by Chaddha N. showsthat only 0.25% of women availmaternity benefits in a situationthough 94% are entitled to it. Further,the laws have many loopholes asfactory owners and contractors find it

easy not to adhere to the ESI Act byemploying 19 rather than 20 women.These Acts provide no work protectionfor women. Many women are eitherforced to leave their jobs when theyare pregnant, or are not hired at allbecause they will have to be providedmaternity benefits during and after

pregnancy. It has been brought toour notice that the amount of benefitsprovided by these two Acts areinadequate, as women are not ableeven to cover the cost of the extranutrition that they require during theirpregnancy.

9.130 Apart from these two Acts,there are several governmentschemes available for maternitybenefits. For example, theEmployment Guarantee Scheme inMaharashtra (1974) provides onemonth’s wages, food as part of wages, and the facility of a crèche for

children. The Tamil Nadu integratedNutritional Project provides nutritional

supplementation to pregnant andlactating mothers and theMuthulakshmi Reddy Scheme (1988)in Tamil Nadu and the maternalprotection scheme of Gujarat (1986)provide cash benefits (Rs 350) tocompensate for loss of wages. Thereis also a government scheme of cash

support to agricultural labourers. Butall these schemes have problems in

Page 51: Chap-9partA 2nd National Labour Commission

8/13/2019 Chap-9partA 2nd National Labour Commission

http://slidepdf.com/reader/full/chap-9parta-2nd-national-labour-commission 51/51

REPORT OF THE NATIONAL COMMISSION ON LABOUR