The year was 1992 and it was a rural area somewhere in Rajasthan. A worker by the name Bhanwari Devi who was employed under a rural development scheme subject to the heinous crime of gangrape. It was reported as a crime committed by people belonging to a higher caste, who did not like the idea of a woman trying to fight against the practice of child marriage. The court acquitted the accused citing their ‘impeccable character’ and their blotless credentials being from a higher caste. NGOs and activists did not let it rest and the movement snowballed into what we know as the ‘Vishakha case’. This was just one instance at one point of time where female labour was not protected as it should be as a result of which they were deprived of working as efficiently as their male counterparts. Labour laws, to this date, do not offer or offer meagre protection and welfare to workers in the unorganized sector. Whatever does exist in our Constitution and the international instruments that we agree with, are not implemented to their complete effect. It is shocking for a country where the unorganized sector including the agricultural sector makes up to about 90 per cent of the total workforce.

The stereotypes towards female labour are intrinsically connected with the definitions. They can be seen when we look at how these definitions include female labour as; as subsistence and hence, a subsidiary activity. These stereotypes might seem minor prima facie but they have far-reaching consequences. These stereotypes show their effects in the labour laws and schemes which scream apathy towards women-specific issues. Most of the legislations aim for poverty alleviation are completely ignorant of the social problems that women are burdened with in addition to the targeted issues. Of course, exceptions do exist. The Mines Act, 1952 incorporates unique provisions pertained to working for hours for women, The Equal Remuneration Act, 1976 and even the Maternity Benefit Act which went through an amendment process which, even though carries its faults, is still a step in the right direction. The only piece of legislation that considers home-based labour is the ‘Bidi and Cigar Workers Act, 1966’. This law imposes an obligation on employers to pay minimum wages to the workers. Additionally, it makes it compulsory to issue identity cards for the workers and also, register women workers in their logbooks. This law was later reinforced with two more pieces of legislation: ‘The Bidi Workers’ Welfare Cess Act, 1976’ and ‘The Bidi Workers’ Welfare Fund Act, 1976’. Even after these additional laws, it became sufficiently clear that corruption breeds with people and more corruption breeds with more people. As there exists a pretty long chain of workers and contractors and other middlemen, its manipulation has proven to be very problematic.

There are provisions present in other laws too, such as ‘The Mines Act’, ‘The Plantation Act which make it compulsory for the employer to open up creches given that the number of women employed exceed a specific number. Working in the unorganized sector is already a path filled with thorns. This path becomes considerably more burdensome because of the prejudices that women have to face. These social challenges have to be treated with more stringent legalistic approaches as well as equally austere implementation measures.