Challenges in Enforcing Laws for Women Workers

Parliamentary Committee on Empowerment of Women tabled a report highlighting weak enforcement of labour laws and underutilisation of welfare funds for women workers.

Key Highlights of the Report

Underutilisation of Funds: Only 58% of the collected cess under the Building and Other Construction Workers (BOCW) Act was utilised by mid-2025.
- Kerala is the only State that fully utilised the available cess. The committee noted that persistent underutilisation reflects institutional failure on the part of Welfare Boards, not financial constraints.
Poor Worker Registration: Low registration of eligible workers, especially women, migrants and informal labour, remains a major bottleneck.
- States cited “lack of registered beneficiaries” as a reason for low spending, which the panel termed a systemic governance issue.
Workplace Facilities: Mandatory welfare facilities such as crèches, separate toilets, and restrooms were largely absent at construction sites and unorganised workplaces.
- Only Madhya Pradesh and Dadra & Nagar Haveli and Daman & Diu reported functional crèches on the central portal.
Weak Inspection Mechanisms: Inspection of construction sites is irregular and largely compliance-driven.
POSH Act, 2013: While 766 of 777 districts are registered on the SHe-Box portal, many Local Committees are non-functional, poorly publicised, and inaccessible to informal women workers.
Helpline Effectiveness: Women Helpline 181 received over 23 million calls since 2015, but less than 40% resulted in field-level assistance.
e-Shram Access: Low awareness and complex registration processes led to poor enrolment of eligible women workers on the e-Shram portal.

Key Recommendations of the Report

Nationwide registration camps for migrant and unorganised women workers to ensure social security coverage.
Mandatory, periodic, and surprise inspections to verify safety and welfare compliance.
Using CSR funds to establish cluster-level crèches and maternity support centres.
Setting annual utilisation targets for BOCW cess and publishing quarterly progress reports.
Linking central grants to state performance on women-specific safety indicators and fund utilisation outcomes.

Laws Protecting Women Workers in India

POSH Act, 2013: Vishaka v. State of Rajasthan (1997) exposed absence of legal safeguards against workplace sexual harassment. SC issued binding guidelines, later codified in the POSH Act, 2013.
Factories Act, 1948: Separate toilets, crèches, rest rooms. Prohibitions on hazardous tasks for women.
Building and Other Construction Workers Act, 1996: Welfare provisions to improve working conditions of women construction workers.
Beedi and Cigar Workers Act, 1966: Childcare facilities in establishments with a prescribed number of women workers.
Maternity Benefit (Amendment) Act, 2017: Maternity leave extended to 26 weeks. Crèche facilities mandatory in establishments with 50+ employees.
- Coverage extended to adoptive and surrogate mothers.
Equal Remuneration Act, 1976: Enforces equal pay for equal work. Prohibits gender-based wage discrimination.
Bharatiya Nyaya Sanhita, 2023: Penalises acts outraging women’s modesty. Covers verbal, gestural, and physical harassment applicable to workplace contexts.
Working Conditions: State Shops and Establishments Acts regulate working hours, rest intervals, and workplace conditions.
- Vasantha R v. Union of India (2001): Madras High Court struck down restrictions on women’s working hours in factories as unconstitutional.