Thursday, October 28, 2021
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    Does India have any stern Indian Models have any Legal rights in India?

    Indian Modeling Industry is blooming day by day so does some unacceptable activities that are the dark side of behind this shine and glam world. As the industry is growing day by day, our system is also working on the rights of the people working in this industry. Some of the major legal rights that any Indian Model has in India.

    LEGAL RELEVANCE OF FASHION MODELING LAW IN INDIA:

    • Equal Remuneration Act:

    The Act had been enacted to ensure that the salary paid to men and women is the same without any discrimination despite the performance of the work taking place at places different than the prescribed workplace. As per this Act, no discrimination shall be made against a woman in terms of recruitment, promotion, training, or transfer unless such employment of the woman faces a prohibition or restriction by law.

    The principle of paying equally for equal work having equal value gained recognition in the ILO Constitution of 1919, and the ILO Convention on Equal Remuneration 1951, that has been further bestowed upon us by the Indian Constitution under Articles 14 and 15.

    But the dampening picture being that despite gaining impetus this issue still prevails and the women performers remain un-championed thereby affecting the industry at large.

    The Equal Remunerations Act 1976

    • Maternity Benefits Act 1961

    The aforesaid act came into the picture for regulating women’s employment into the establishment for a particular time before the birth and after the birth of the child for providing benefit in terms of maternity and others.

    Likewise, as per the ILO conventions provisions, a woman absent from work because of pregnancy cannot face a dismissal until the absence is not related to the concerned pregnancy as specified under section 12(1). Also, as per section 9, she has an entitlement to leave during miscarriage while according to section 9A, due to illness related to pregnancy. As per section 11, she is entitled to nursing breaks while no deductions in the payment to be made for the breaks or light nature of work to be given to her as per section 4(3).

    • Sexual Harassment at Work Place (Prevention, Prohibition and Redressal) Act, 2013

    The Sexual Harassment at Workplace Act of 2013, being a female-oriented piece of work has been enacted to provide a safe and secure environment that is devoid of hostility at the workplace.

    Often women as well as models are ignorant about their existing rights and choose to be numb over a lot of wrong things being done due to the fear of getting fired. At the same

    time, such harassment tends to leave not only footprints in the victim’s mind but also tarnishes the goodwill and reputation of the industry as well as the company.

    During the ILO Conference 1985, a resolution to this regard has been adopted that stated that harassment occurring at workplace against women is fatal for working conditions of the employee, conditions of working, the work as well as promotions, hence the policies for advancing equality should be inclusive of measures for combating and preventing harassment of women sexually at workplaces.

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