Gender discrimination, poor education and qualifications, familial restrictions, etc., create entry barriers for women seeking employment in the formal economy, leaving a majority of them no recourse but to seek work in the informal economy for their sustenance and financial needs. Consequently, they face further challenges vis-a-vis social security and workplace safety protections that are guaranteed by the law in the formal sector, further limiting the scope of their growth and progress. With increasing informalization of work, some countries around the world have begun to acknowledge the need for extending protections to the informal sector. This paper aims at exploring the peculiarly vulnerable position occupied by women in the informal sector, with their numerous intersectionalities creating layers of disadvantage, and it will look at the existing Indian policy measures as well as statutory instruments designed to address this glaring concern. Particularly, it will look closely at the provisions in the Code on Social Security 2020 providing for social security benefits to workers in the informal economy, critically analyzing the same based on their adequateness and implications for women. Emphasis will be given to women-specific protections such as Maternity Benefits. The same will also be compared to ruling and legislations from around the world, centered around protection of women workers in the informal economy. Such a comparative analysis of both more and less progressive measures will not only help identify what gaps remain to be addressed but also what lessons can be incorporated from the experience of others.

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Protecting Women in the Informal Economy: A Critical Analysis of India’s Social Security Code 2020 and International Perspectives

  • Ivneet K. Walia,
  • Aastha Tiwari,
  • Aditya Jain

摘要

Gender discrimination, poor education and qualifications, familial restrictions, etc., create entry barriers for women seeking employment in the formal economy, leaving a majority of them no recourse but to seek work in the informal economy for their sustenance and financial needs. Consequently, they face further challenges vis-a-vis social security and workplace safety protections that are guaranteed by the law in the formal sector, further limiting the scope of their growth and progress. With increasing informalization of work, some countries around the world have begun to acknowledge the need for extending protections to the informal sector. This paper aims at exploring the peculiarly vulnerable position occupied by women in the informal sector, with their numerous intersectionalities creating layers of disadvantage, and it will look at the existing Indian policy measures as well as statutory instruments designed to address this glaring concern. Particularly, it will look closely at the provisions in the Code on Social Security 2020 providing for social security benefits to workers in the informal economy, critically analyzing the same based on their adequateness and implications for women. Emphasis will be given to women-specific protections such as Maternity Benefits. The same will also be compared to ruling and legislations from around the world, centered around protection of women workers in the informal economy. Such a comparative analysis of both more and less progressive measures will not only help identify what gaps remain to be addressed but also what lessons can be incorporated from the experience of others.