India is a nation celebrated for its diverse culture and tenacity; however, the anomaly that is the Indian labour market, where women barely make up a quarter of the workforce, represents deep-rooted challenges. Despite constitutional efforts and the institution of statutes, many women remain unarmoured by these tools and have to navigate a maze of social norms, resistance of institutions and economic disincentives. Acts such as The Equal Remuneration Act, as well as The Maternity Benefit Amendment Act, were designed to empower, protect and encourage women to become a part of the active workforce. However, their impact remains uneven and, at times, counterproductive. Structural hiccups such as unsafe workplace, occupational segregation and disproportionate burden of unpaid care work interacts with the legislation in a way that time and again excludes rather than empower. For the majority of women employed in the informal sector, legal protection remains fictional rather than substantial. The struggle lies not only in crafting gender neutral laws but also in creating legislation which aligns with the real-time issues on the ground level.
Historical and social context:
Women’s participation in India’s workforce has evolved under the weight of historical legacies, cultural expectations, and class-driven realities. In pre-colonial times, women played an integral role in agrarian production and artisanal work, often contributing alongside men in family-based economies. However, colonial rule disrupted these patterns, introducing industrial and land ownership systems that systematically excluded women from formal recognition, pushing their labour into the margins. After independence, the Indian state acknowledged the need to integrate women into the nation-building project, yet development planning rarely addressed the structural inequalities that shaped women’s access to work. Over time, especially with economic liberalization in the 1990s, urban middle- and upper-class women began entering corporate and service sectors, but this shift remained narrow and exclusionary. For the vast majority of Indian women, especially those in rural areas, employment continued to be informal, unprotected, and invisible to official statistics. A report by the Indian Institute of Management–Ahmedabad observes that women spend an average of 7.2 hours daily on unpaid domestic work, compared to just 2.8 hours for men, leading to a phenomenon they term “time poverty” that restricts women’s access to the labour market.[1]
Patriarchal norms remain a stubborn barrier. Society still casts men as providers and women as nurturers, reinforcing the idea that a woman’s place is in the home, and any work she does must conform to domestic ideals. Women are encouraged, sometimes pressured, to choose “safe” or “respectable” jobs that align with these expectations: teaching, tailoring, caregiving, or administrative roles. Opportunities that demand travel, night shifts, or leadership are often discouraged or outright denied. These norms not only limit women’s choices but also influence employer attitudes and hiring practices, reinforcing cycles of exclusion. Gender roles are reinforced not only culturally but structurally: as one study notes, “unobserved gender norms and practices most crucially govern the allocation of unpaid work within Indian households.”[2]
While education and urbanization are often seen as tools of empowerment, their benefits have been deeply uneven for Indian women. Education doesn’t always translate into employment, especially in conservative or middle-class households where a working woman is seen as lowering family status unless the job is seen as prestigious or passion-driven. Urban centres offer more job opportunities but also pose challenges like long commutes, inadequate childcare, and unsafe environments, all of which disproportionately affect women. Crucially, class remains the most powerful determinant in shaping women’s relationship with work: poorer women work because they must, often in informal, insecure, and exploitative conditions, while wealthier women may not work at all, constrained by expectations of social respectability. In between these extremes lies the silent struggle of millions of Indian women, whose dreams, capabilities, and contributions remain stifled by a labour market that neither fully welcomes them nor adapts to the realities of their lives.
Constitutional & Statutory Framework
India’s constitutional and statutory framework offers a powerful legal foundation for promoting gender equality in employment, yet the distance between principle and practice remains considerable. The Constitution enshrines core values that recognize the equal dignity and capacity of all citizens. Article 14 guarantees equality before the law, while Article 15 prohibits discrimination on grounds of sex. Importantly, Article 15(3) allows the state to make special provisions for women and children, acknowledging the historical disadvantages they face. Article 16 extends these principles into the realm of public employment, assuring equal opportunity in access to jobs. Together, these provisions reflect not only a legal commitment but also a moral imperative to include women fully in the nation’s economic life.
Translating these constitutional promises into everyday protections, several key labour laws have been enacted over the decades. The Equal Remuneration Act, 1976, aimed to ensure that women receive equal pay for equal work, a principle rooted in both fairness and economic justice. However, enforcement has been weak, particularly in the informal economy, and many employers continue to exploit loopholes in job classifications to justify wage gaps. The Maternity Benefit Act, 1961, amended in 2017, expanded paid maternity leave to 26 weeks and mandated the provision of crèche facilities in larger establishments. While progressive in its intent, the law’s execution has raised concerns: by placing the full financial burden on employers, it has unintentionally led to hiring biases against women of childbearing age, highlighting the need for shared caregiving models like paid paternity leave.
Another landmark piece of legislation, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, or the POSH Act, marked a critical shift in acknowledging women’s right to safe workplaces. It established mandatory Internal Complaints Committees in organisations and laid down detailed redressal mechanisms. However, compliance is uneven, particularly among small firms and in the vast informal sector, where such committees are rarely formed, and women often lack both awareness and the freedom to report abuse without fear of retaliation.
In 2019–2020, India consolidated over 40 labour laws into four Labour Codes, aiming to streamline compliance and broaden protection. The Code on Wages subsumed the Equal Remuneration Act, reiterating the commitment to pay parity and universal minimum wages. The Code on Social Security promised to extend benefits such as maternity benefits and pensions to informal workers through schemes and registration portals. Yet, critics argue that the codes lack gender-sensitive mechanisms, fail to address sector-specific vulnerabilities of women, and place too much emphasis on employer initiative without adequate regulatory support.
Despite these well-meaning legal efforts, a troubling gap remains between what the law envisions and what women actually experience. The reality is that over 90% of working women in India are engaged in informal employment, in agriculture, domestic work, home-based industries, where the reach of these laws is minimal or non-existent. [3]Legal protections, while essential, are not self-executing. Without active enforcement, awareness, and inclusion in the design of policy frameworks, these laws risk becoming symbolic rather than transformative.
Challenges in the Informal Sector
Women in India’s informal sector constitute an overwhelming majority, nearly 95% of the female workforce, yet their contributions remain chronically undervalued and systematically excluded from the protection of formal law[4]. These women form the backbone of the country’s economy, working across sectors such as agriculture, domestic labour, home-based manufacturing, street vending, and waste picking. Their work is often unpaid, underpaid, or paid in kind, and goes unrecorded in official statistics. Despite their labour sustaining households, communities, and even small industries, these women remain economically insecure, legally invisible, and politically voiceless.
The size and composition of women in informal employment underscore how deeply gender and informality are intertwined. In rural India, most women work in agriculture, often as unpaid family labourers or seasonal wage workers, without land rights or written contracts. In urban centres, women dominate domestic work, tailoring, bidi-rolling, embroidery, and street vending. Home-based work, in particular, has expanded in the wake of global supply chains, yet remains fraught with exploitation. As the International Labour Organization notes, “Home-based women workers in India are often paid on a piece-rate basis, isolated from peers, and have little to no bargaining power.”[5]
The absence of social security and legal protection compounds these challenges. Most informal women workers do not receive minimum wages, maternity benefits, health insurance, or any form of retirement security. [6]They are excluded from welfare mechanisms like the Employees’ Provident Fund (EPF), Employees’ State Insurance (ESI), and even from formal grievance redressal mechanisms like the labour court system. As highlighted in a study published by the Indian Journal of Law and Social Sciences, these women face “wage theft, arbitrary termination, and unsafe work environments without any recourse or compensation.” [7]Moreover, without written contracts, their employment remains informal in every sense, offering neither predictability nor dignity.
Data & Case Studies
The story of women’s labour in India is most powerfully told not just through law or theory, but through data and lived experience. Recent statistics reveal a troubling stagnation, and in some cases, regression, in women’s economic participation. According to the Periodic Labour Force Survey (PLFS) Annual Report 2022–23, India’s overall female Labour Force Participation Rate (LFPR) stands at just 34.2%, with urban women at 25.7% and rural women at 38.2%, starkly contrasted with male participation rates of over 75%[8] . This represents only a modest improvement from earlier years, and still places India among the lowest in the world in terms of female labour engagement.
Sectoral analysis shows that 67.4% of working women in 2022–23 were self-employed, often in vulnerable forms of employment with little protection or regular income. While economic liberalization opened some avenues in urban service sectors, informal employment continues to dominate women’s work, especially in rural areas. The gender wage gap remains another persistent inequity. As per the Women and Men in India Report 2023, women in salaried jobs earn ₹74 to ₹76 for every ₹100 earned by men, while in self-employment, the gap widens alarmingly, with women earning as little as ₹35 to ₹38 for the same amount of work.[9] The India Wage Report by the International Labour Organization notes that “women consistently earn less than men across all levels of education and all types of employment,” despite comparable productivity levels.[10]
Comparing employment data before and after the implementation of the 2020 labour codes reveals that while consolidation aimed to simplify compliance, the actual benefits for women, particularly in the informal sector, have been minimal. No marked improvement in access to formal contracts, maternity protections, or grievance redressal mechanisms has been observed.
Beyond statistics, qualitative narratives add depth and humanity to these numbers. In the public sector, where reservation policies have increased women’s representation in administrative and clerical roles, many still encounter the proverbial “glass ceiling.” While entry-level appointments have improved, senior leadership positions remain disproportionately male. As one civil servant remarked in an IJLSSS study, “I am in the room, but I rarely get to speak. There’s always an assumption that I am there to assist, not to lead”.[11]
In the private sector, especially in corporate settings, women continue to battle hiring biases, limited mobility, and pervasive workplace harassment. Despite diversity pledges and gender-inclusive policies, women often find themselves overlooked for leadership roles or placed in “supportive” departments such as HR and administration. Numerous accounts highlight how maternity and caregiving responsibilities are weaponized against women’s career progression. The POSH Act exists, but cultural silence around reporting harassment, fueled by fear of retaliation or reputational damage, keeps many cases hidden.
In rural India, the realities are even more layered. Women often rise before dawn to cook, clean, fetch water, and tend to livestock before heading to the fields. They return only to resume household chores, their labour never counted, their exhaustion never considered. As one woman from a self-help group in Odisha explained, “We work all day in the field and all evening at home, but no one calls it work because we don’t bring home a salary”. [12]This double burden, exacerbated by lack of childcare, transport, and medical access, leaves rural women with little room for economic mobility or rest.
Policy Recommendations & Framework for Change
Creating a more inclusive and balanced workforce in India is not just a policy goal, it is a reflection of our collective commitment to equity, progress, and shared prosperity. Women have long contributed to every sphere of life, be it on farms, in homes, in factories, or in corporate offices. Now, the opportunity lies in building systems that truly support, recognise, and celebrate that contribution.
A vital starting point is to enhance our legal and institutional frameworks so that the protections and benefits envisioned by policy can be more widely and effectively implemented. Regular labour inspections, stronger mechanisms for ensuring fair wages, and clear channels for workplace support can help reinforce the rights of working women, especially in sectors where they are most active. Offering paid paternity leave and encouraging shared caregiving roles between men and women can help create more balanced homes and more supportive workplaces.
Flexibility and inclusion go hand in hand. Encouraging companies to establish workplace creches, offer remote or flexible work options, and build return-to-work programmes can make it easier for women to participate fully across different life stages. Strengthening the Social Security Code with portable benefits, like health insurance, pensions, and maternity support, can extend security to informal workers who frequently change jobs or locations.
Within the corporate sector, proactive steps toward gender inclusion can be mutually beneficial. Tax incentives and recognition programmes for companies that demonstrate inclusive hiring and leadership practices can help set new standards for excellence. Visibility of women in leadership positions helps create workplaces where everyone, regardless of gender, can see a future for themselves.
Supporting women in the informal sector, where most female employment in India resides, requires practical, community-rooted solutions. Initiatives like skill development tailored to local economies, access to low-interest credit, and supportive cooperatives can empower women to become financially independent and confident in their abilities. Community-run childcare centres, mentorship opportunities, and digital literacy programmes can further expand their options and agency.
Cultural transformation is a powerful complement to structural reform. Public awareness campaigns can help shift perceptions about work, caregiving, and gender roles, encouraging more equitable participation at home and at work. Schools, media, and local institutions play a vital role in shaping values of respect and equality from an early age.
Training for law enforcement, judiciary members, labour officials, and HR professionals in gender awareness and sensitivity can help ensure that every woman who seeks help, opportunity, or justice is treated with the dignity she deserves.
At its heart, building a gender-equitable workforce is about expanding choice, increasing freedom, and enabling every woman to pursue her aspirations without constraint. When women are supported to work with dignity, safety, and recognition, the ripple effect benefits families, communities, and the entire nation.
Conclusion
Empowering women in the Indian workforce is not just a question of justice, it is a decisive step toward building a stronger, more inclusive, and truly resilient nation. Women’s labour, both visible and invisible, has long sustained the country’s social and economic fabric. Yet, the full recognition of their work, rights, and aspirations remains an evolving journey. By bridging the gap between progressive legislation and practical implementation, and by ensuring that both formal and informal workers are equally protected and empowered, India can unlock a vast reservoir of human potential.
True transformation lies not only in policy reforms but in reshaping how we value women’s time, labour, and leadership. Whether it’s through portable social security benefits for informal workers, flexible and supportive corporate policies, or a cultural shift in the way caregiving is understood and shared, the path forward must be multi-dimensional and deeply rooted in empathy. It is only when women are able to participate freely, safely, and equally in the workforce that we can claim real progress. The vision is clear: a future where every girl can dream without limits, every woman can work with dignity, and every workplace reflects the strength of inclusion. Investing in women’s employment is not just an economic imperative, it is a reaffirmation of our national values and a commitment to a more just and thriving society. The time to act is not tomorrow. It is now.
[1] IIM-Ahmedabad and Institute of Social Studies Trust, Unpaid Work and Time Poverty in India (2022)
[2] Ashwini Deshpande and Jitendra Singh, Dropout of Women from Workforce in India: The Role of Unpaid Work and Social Norms, Ashoka University Working Paper Series No. 42 (2021)
[3] Ministry of Statistics and Programme Implementation, Periodic Labour Force Survey (PLFS) Annual Report, 2022–23, Govt. of India
[4] National Commission for Women, Women Workers in the Unorganised Sector in India (2022)
[5] International Labour Organization, Women and Men in the Informal Economy: A Statistical Picture (3rd ed., 2018)
[6] YIP Institute, Charting Invisible Labour: India’s Informal Women Workers and the Need for Structural Change (2024)
[7] IJLSSS Editorial Board, “Analyzing How Women Workers Are Exploited in India’s Informal Sector,” Indian Journal of Law and Social Sciences, Vol. 11 (2023)
[8] Ministry of Statistics and Programme Implementation, Periodic Labour Force Survey Annual Report, 2022–23, Government of India (2023)
[9] Ministry of Statistics and Programme Implementation, Women and Men in India: A Statistical Compilation, Government of India (2023)
[10] International Labour Organization, India Wage Report: Wage Policies for Decent Work and Inclusive Growth, ILO Decent Work Team for South Asia (2018)
[11] IJLSSS Editorial Board, “Analyzing How Women Workers Are Exploited in India’s Informal Sector,” Indian Journal of Law and Social Sciences, Vol. 11 (2023)
[12] International Labour Organization, Negotiations by Workers in the Informal Economy: SEWA Case Study (2009)
Author: Janshi Priya
Juris Centre 