International Journal For Multidisciplinary Research

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Discrimination and Differentiation inherent in the real-time practice of Labor Legislations and law.

Author(s) Ms. Megha Pillai
Country India
Abstract In the course of this paper, I attempt to comprehend and chart the facets of discrimination when it comes to the implications of labour laws in place in our country.
And when we talk of discrimination, I would begin by providing a brief insight at first, into the myriads of discriminations faced on a professional front; from racial to casteist and gender-based differentiation and unjustness. The problem at hand is a universally faced one, and given the wide scope of the matter, I would narrow down the focal research of this paper to an Indian perspective.
Thereupon, I would strive to further narrow down on the available ambit of research and engagement to women’s rights jurisprudence, wherein what would be addressed, would be practical real-time difficulties faced on a procedural versus substantive basis, in the sense that we could compare real-time implementation and logistical fallacies against the laws (both constitutional provisions as well as labour regulations). The perspectives come manifold, ranging from a Trade Union to an Industrial dispute’s context and more, with a legal breakdown as well, wherein the forums of discrimination disseminated ranges from moral connotations through the linguistic nuances. A degree of pragmatism is essential when it comes to implementing the ever-relevant but rigid structures of constitutional and legal provisions into the ever-dynamic social circumstances and professional flexibilities.
Well-substantiated with case laws and examples, the research could then have the central theme of discrimination be brought back to its societal root- the legal flaw being that there is no constitutional definition of what is a minority; gender-based or otherwise, which inevitably leads to the lack of a solid interpretation in turn resulting in basic human rights violations, which eventually just means that all of the constitutional and legal guarantees that are made available to redress these grievances are futile in its very essence.
The consequences and aftermath in terms of communal riots (at an individual behest as well as an institutional one, like a Trade Union-sanctioned protest, etc.) would lead to the conclusion as to how we could bridge the gap between what is procedural and substantive in the sense that the path ahead could be proposed. The difference between the on-paper provisions of laws to prevent the exact reality that ends up as an inevitability and hence tends to go down without as much as a fight even, and other such difficulties in the achievement of a semblance of equality in labour laws shall be the central plot and heart of this research.
Keywords discrimination; women's rights; systemic inequalities
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 4, July-August 2025
Published On 2025-07-22
DOI https://doi.org/10.36948/ijfmr.2025.v07i04.51405
Short DOI https://doi.org/g9tz8n
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