Remedies for Sex Discrimination in Employment in India and the United States
| Published date | 01 September 1979 |
| DOI | 10.1177/002085237904500308 |
| Author | P. Andiappan |
| Date | 01 September 1979 |
| Subject Matter | Articles |
Remedies for Sex Discrimination
in Employment in India
and the United States *
UDC
331:342.726(54+73)
by
P. ANDIAPPAN,
Assistant Professor,
School of Administration,
University of New Brunswick,
Fredericton, N.B. Canada
History is replete with examples of the
facing more frequently the issue of sexual
inferior roles assigned to females in relation
equality in employment.
to males. The biological differences -
women
Governments in developed and in developing
bear children and are, on the average, physi-
countries are playing an active role in main-
cally weaker than men - reinforced by the
taining and inducing economic development of
cultural norms and the value systems, placed
these countries and in the process, have an
women secondary to men. With the tech-
opportunity either to advance or hamper the
nological developments of the twentieth cen-
progress of women toward employment equal-
tury, physical strength is seldom required for
ity. A government can adversely affect the
most jobs (1). Rather, skill and knowledge,
employment rights of women in four ways :
acquired chiefly through training and education,
(a) discrimination in education and training,
are the prerequisites for a large number of
(b) discrimination in public employment, (c)
jobs. Women, given the opportunity, have
failing to implement policies requiring fair em-
shown that they can equal or excel men in
ployment and (d) family laws which deprive
acquiring the necessary skills and know-
women of equal property and other rights. On
ledge (2). In the highly industrialized coun-
the other hand, a government can contribute
tries, planned families, and the mechanization
significantly towards reaching equal rights for
of household work have made it possible for
women
by enacting .anti-discrimination laws and
a growing number of women to seek employ-
effectively enforcing them.
ment.
As a result, women in the developed
countries, increasingly
Numerous studies
aware of the changing
(by economists, political
situation, question cultural norms and seek
scientists, historians, lawyers, anthropologists,
equality. However, in most of the developing
philosophers, and many others) have been
countries, the typical family is large, the literacy
undertaken, especially in the United States and
rate low, household work is not mechanized.
other western countries to analyze sex dis-
The traditional role assigned to
crimination
women -
(3). Rarely do such studies extend
caring for children and home and working
to the status of women in developing countries.
Several
on the farm
anthropological and sociological studies
-
has not changed. The major
difference between developing and developed
of women have been undertaken in India,
countries is that women in the latter more
usually analyzing tribal customs or women in
frequently work for pay outside their homes.
villages or cities (4). The discrimination against
With rapid industrialization, increased educa-
women in employment in most of the devel-
tional opportunities, and family planning, the
oping countries has not been well documented.
developing countries
Overwhelmed
may find themselves
by poverty and struggling to
eradicate it, developing countries often neglect
the needs of women.
* This paper is based on the author’s doctoral dis-
sertation approved by the University of Iowa. The
(3) For a list of these studies, see H.S. Austin et. al.,
autor would like to thank Professor Irving Kovarsky,
Women : A Bibliography on Their Education and
the dissertation supervisor, for his comments and gui-
Careers (Washington, D.C. : Human Services Press,
dance.
1971); K. Drake et. al., Women’s Work and Women’s
(1) Government of Canada, Report of the Royal
Studies (Pittsburg : Know, 1971).
Commission on the Status of Women in Canada (Ottawa,
(4) For a list of these studies, see P. Sengupta,
1970), p. 4.
Women In India (New Delhi : Information Service of
(2) Ibid., p. 7.
India, 1964).
269
By studying and borrowing the techniques
and changing attitudes (9). To understand the
of developed countries, the undeveloped coun-
nature of the continuing discrimination against
tries could hasten the push to achieve equality.
working women in India one only has to
A rich source of information is available in
glance at the Report of the Committee on
the laws, administrative regulations, and court
the Status of Women in India.
decisions of the United States.
One should,
however, caution that the ideas and experiences
ANALYSIS OF REMEDIES
of the United States cannot be borrowed and
IN THE UNITED STATES AND INDIA
applied to India without taking into account
the cultural differences, religious attitudes,
In the United States, various remedies speci-
economic conditions and political organization.
fically prohibiting sex discrimination in employ-
India could borrow ideas and adapt them to
ment -
Title VII of the Civil Rights Act
fit the existing conditions. For example, the
of 1964, the Equal Pay Act, Executive Orders,
framers of the Indian Constitution borrowed
state fair employment practice laws, and others
from the United States Constitution and other
- are available, each providing protection
Constitutions (5).
On the other hand, the
different in some circumstances, overlapping
Committee on the Status of Women established
in others (10). In India, only the Equal Re-
in India to make a comprehensive examination
muneration Act (TERA) and Article 16 of
of all the questions relating to the right and
the Constitution deal specifically with sex dis-
status of women (6), made only occasional
crimination in employment. The coverage
references to the experience of other countries,
of the laws in both countries also differs (see
including the United States. The purpose of
table 2). Title VII covers all aspects of em-
this study is to compare the remedies for sex
ployment while the Equal Remuneration Act
discrimination in employment in the United
covers hiring and pay only. TERA does not
States and India. By .analyzing the constitu-
cover discrimination in promotion, training or
tional, legal, and administrative aspects, reme-
lay-offs. While Article 16 outlaws sex discrim-
dial changes in public policy can be suggested
ination in all aspects of employment, only gov-
to accomplish needed change in India.
ernment employees are protected. The Equal
Remuneration Act
Before analyzing the remedies, it is
protects industrial employ-
necessary
to briefly discuss the nature of
ees, but excludes agricultural employees who
sex discrimina-
tion in employment in...
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