Description

Women Rights, Law and Justice
Editor: Prof. Dr. Yogesh Kumar Gupta
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-2-0, 2026

Chapter 35

Women in India’s Gig Economy: A Rights-Based Analysis of Legal Challenges, Social Security, and Gender Justice

Mutharasi S
LL.M ( Business Law), Tamil Nadu National Law University, Tiruchirappalli.

Abstract

There have been major changes in the nature of employment in India due to the rise in the gig economy that provides flexibility to earn income through various sectors like food delivery, domestic work, beauty and wellness, and digital freelancing. In spite of this development, women gig workers continue to face serious legal, economic, and social challenges. This chapter seeks to analyze the legal challenges for women gig workers using a rights-based approach by focusing on the problems of job classification, insecurity of income, algorithmic management, workplace discrimination, and absence of grievance redressal mechanisms. A critical evaluation will be made of the existing legal regimes including labor laws and social security provisions under the Code on Social Security, 2020 (herein after the The Code of 2020) in relation to their ability to handle the distinct circumstances of women gig workers. The discussion will also touch upon gender justice, care burden, digital divide, and occupational safety in the context of women gig workers in India. Contemporary developments in policy-making, jurisprudence, and regulation will be analyzed for advocating a rights-based approach for gender-sensitive labor protection, social security policies, and governance for women gig workers in India.

Keywords

Gig Economy, Women Workers, Gender Justice, Informal Employment, Digital Labour Platforms, Rights-Based Approach, Employment Classification, India.

1. Introduction

The advent of the gig economy has led to changes in the nature of work through the transition from conventional permanent employment to more flexible, job-task oriented and digitized forms of labor. Digital platforms have now become intermediary mechanisms through which the connection is established between individuals offering work services and the consumers in the form of algorithmically driven assignment, evaluation, and compensation systems. (International Labour Organization [ILO], 2021; NITI Aayog, 2022).