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International Journal of
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VOL. 7, ISSUE 1 (2021)
Gender parity in corporate boards in India: A constitutional legal study
Authors
Ruchi Singh
Abstract
Gender diversity has been a sensational term not just because of its Constitutional underlining but also because of its laudable goal. For instance if we talk of workplace, gender diversity and parity would indicate a bottom-line business sense for leaders of global corporations in terms of more profitability and better financial performance apart from furtherance of goals of social and gender justice as projected and targeted by the law making agencies. Government has been since the inception of Indian Constitution in 1950, trying to bring in affirmative actions at workplace in some or the other way, the aim of which might be to further the goals of the constitution as set in the form of directive principles or under the umbrella of positive discrimination theory under fundamental rights meant for setting out qualitative laws for women intending to achieve the objective set in the preamble of social economic and political justice. In this regard the most recent developments in corporate laws in India of bringing in an independent women director on corporate board to bring about equal participation in decision making can be said to be a welcoming example of insuring gender parity to some extent. Another effect of inclusion of women on board through legislative amendment can also be in positively breaking the invisible barriers to the success of a women usually termed as corporate glass ceiling, though the author doesn’t denies multiple reasons for the existence of such barriers of which some might be exclusively personal and physiological where certainly the government would have less role to play apart from being social, economic or governmental which can be removed through affirmative actions to a greater extent. Here taking reference from the corporate sector if we look at affirmative action vis a vis inter section laity theory it might suggest for instance more than one independent women director of which say one might be a Dalit. The question that rises here can have two shades, first: such a move might be generally accommodating in the social fabric of India when it comes to social integration-based justice system, second: how far would the corporations accept such an approach in affirmative action and how far it would be conducive to their goals of financial performance and profit motive through gender parity at workplace. The intersectional analysis of gender while making an affirmative action policy has been often argued and supported by feminist theorists, however this has to be argued keeping in place its limitations and implications related analysis. The author through this paper would look at these issues in four parts through two lead arguments before reaching a conclusion. The first being the impact analysis of the 2013 amendment with regard to independent women director and how far it has been successful in breaking the glass ceiling. This argument shall be formed not just on an intellectual level but on actual fact findings. The second argument would be to look into the genre of corporate and business-related laws based on positive discrimination in India and analysing them keeping in matrix the intersectionality approach in providing affirmative actions.
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Pages:214-219
How to cite this article:
Ruchi Singh "Gender parity in corporate boards in India: A constitutional legal study". International Journal of Law, Vol 7, Issue 1, 2021, Pages 214-219
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