Laying the Foundation for Change: Empowering Women in the Construction Industry
In India, 88.5 percent of working women are employed in the informal sector, as per the PLFS 2023-241 In the construction sector, specifically, which is India’s second-largest employer after agriculture and a significant source of livelihoods in urban locations, women’s participation is notably low; they constitute 11 percent of the total construction workforce in India, but only 7 percent in urban areas. This under-representation can be attributed to several challenges faced by women in the construction industry, such as wage discrimination, irregular payments, sanitation challenges, lack of safety equipment and amenities, gender stereotypes and biases, risk of sexual harassment, lack of childcare support, and limited provisions for taking leave. These are further compounded by traditional practices like the ‘jodi system’,2 where men and women work together, yet only the men’s labour is recognised and compensated, effectively rendering women’s contributions invisible.
India has several progressive labour laws, but their weak implementation makes them ineffective, especially in the informal sector. This impacts construction workers, who are a largely casualised workforce. According to Oxfam India report (2019)3, women construction workers in India earn 34 percent less than men despite performing the same work. Although equal pay is mandated by the Equal Remuneration Act of 19764, the Building and Other Construction Workers Act (BOCW), 1996 5, and the Code on Wages (2019)6, weak enforcement allows wage discrimination to persist. To bridge this gap, employers should be required to digitally log and report wage payments in real-time, ensuring fair compensation for workers. Equally important is empowering workers to maintain their work diaries, which serve as vital records to support them in cases of wage disputes, particularly when dealing with contractors.
Together, these measures promote transparency, accountability and stronger protection for workers. Additionally, women must have stronger representation in labour unions to fight wage discrimination and demand their rights. Providing skill development and leadership training can help women rise to managerial roles, improving their pay and working conditions. India can adopt improved monitoring mechanisms to ensure wage equality, drawing from Germany’s recent legislation that requires employers to generate period gender equality and equal pay reports7.
Although the BOCW provides various benefits to women construction workers, such as pension, health care, maternity support and insurance, many women construction workers are still unable to register due to the lengthy registration processes and lack of awareness. As a result, they remain deprived of the benefits offered under BOCW. To simplify the process, registration could be digitised and made accessible through mobile applications in regional languages, allowing easy enrollment for workers. Additionally, registration camps could be periodically set up at construction sites to ensure every worker is enrolled in welfare schemes. Linking welfare schemes to Aadhaar and bank accounts can provide direct benefit transfers for maternity assistance and pensions, reducing corruption and ensuring timely payments.
Women face added workplace challenges due to poor sanitation, unsafe working conditions and lack of childcare support, thereby increasing their vulnerabilities. While the Maternity Benefits Act (2017)8, mandates creche facilities at workplaces with more than 50 employees, most construction sites choose to ignore this. Japan’s model9 of on-site facilities, like portable toilets and restrooms for female workers, can be adopted in India.Worksites must provide separate clean toilets, protective gear designed for women and tie-up with nearby daycare centres. Furthermore, expanding state-provided creche facilities, as implemented by Tamil Nadu in industrial parks, and on-site care facilities provided by Non-Government Organisations (NGOs) like Mobile Creches10 serve as a model for better childcare support. Extending such initiatives can significantly improve childcare access and create a more inclusive work environment for women in construction.
Strengthening the labour office at the district level, building awareness among contractors and construction companies about labour laws and conducting regular legal audits and social audits are imperatives to protect women construction workers’ rights and prevent exploitation. Employers violating the relevant legislation should be charged with strict penalties, heavy fines and/or legal action. Implementing a centralised digital monitoring system where workers can report grievances and violations in real-time can improve accountability.
Providing legal literacy to women, through government-sponsored and NGO collaboration sessions, can educate them on their labour rights.. Additionally, establishing a dedicated helpline would allow women to report wage issues, harassment or denial of benefits. Countries like the United States of America and South Korea have strong anti-harassment policies11 backed by strict enforcement and effective complaint-handling systems, which can be replicated in India for increased safety of women.
Women construction workers must be encouraged to form savings groups and open their own bank accounts, which are important steps toward financial independence and resilience. They should also be supported in joining or starting self help groups, where they can collectively access small loans, learn new skills and improve access to government schemes. In addition, women should be encouraged to join or form unions so they can protect their rights and demand better wages and working conditions.
Despite laws mandating fair wages, social security, workplace safety and maternity benefits, weak enforcement has left these laws ineffective. Practical, result-driven solutions are urgently needed to ensure women workers — the ‘invisible backbone’ of India — receive the respect, protection and rights they deserve. Through strict labour law enforcement, mandatory worker registration, gender-sensitive workplace policies, legal literacy and real-time wage monitoring, a more just, inclusive and equitable construction sector can be made.
4 https://labour.gov.in/sites/default/files/equal_remuneration_act_1976_0.pdf
6https://labour.gov.in/sites/default/files/the_code_on_wages_as_introduced.pdf
7https://trusaic.com/resources/global-pay-transparency-center/germany/
8https://labour.gov.in/sites/default/files/maternity_benefit_amendment_act2017_.pdf
9https://www.primuspartners.in/docs/documents/Pink%20collar%20Thought%20Leadership%205%20Jan.pdf
10https://www.mobilecreches.org/
11https://www.primuspartners.in/docs/documents/Pink%20collar%20Thought%20Leadership%205%20Jan.pdf
