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Beginning of Women Empowerment Era in the Board Rooms

Beginning of Women Empowerment Era in the Board Rooms

Women Empowerment has been one of the most misconceived notions in India. It can be defined in numerous ways as per the whims and fancies of an Individual especially in India. But one can’t neglect the tremendous changes with regard to status of women in the past few millennia. From equal status with men in ancient times, through the low points of the medieval period, to the promotion of equal rights by many reformers, the history of women in India has been eventful.

Women have held high offices in India including that of president, prime minister, speaker of the Lok Sabha, leader of opposition etc showcasing their prodigious talent, hard work and credibility.

In the corporate arena, we have lot of women holding many high office names like Chanda Kochhar, Arundhati Bhattacharya and Kiran Majumdar Shaw who have set examples for the very energetic and youthful working women of India.

As per the Economic Times, Aug 13,2013 GMI Rating’s Women on Board’s Survey 2013 reflects that even the world’s best known companies account for only 11 percent of total directorships.In India itself, Women constitute only 14 percent of the senior management against the global average of 24 percent and this percentage falls to a paltry 5 percent when it comes to top management or Board positions.

In the occupational and professional domains, women have an ever-increasing participation in almost all fields of the broad economic sectors of business and commerce, professions, industries, and services, at the levels varying from lower to higher hierarchies. In some welldeveloped countries, where there are liberated outlooks and opulent facilities for quality higher education and disciplinary training, women have been emulating men, even in the fields of army and defense, aviation, and space exploration. Thus, women in general, certainly have great and admirable credit for contributing remarkably to the domestic progress and prosperity, social development, and economic progress and growth, in most of the fast progressive countries of the world, essentially including India.

On 29th August, 2013, the new Companies Bill finally received the president’s assent that made it into a law, thereby replacing the six decade old regulations under the Companies Act, 1956. Introduction of Woman Directorship is one of the laudable initiatives which came across under the ambit of new Companies Act.As India is one of the major and fast growing economies of the world, this initiative for empowerment of women in the giant and pivotal corporate world, is indeed, highly commendable. Thus, facilitating the lawful entry of woman to the Board of Directors of prescribed class of companies is surely a bright and prudent decision for enhancement of the cherished contributions of women in the economic progress and growth of the country. Provisions in the Companies Act, 2013

The relevant section for appointment of directors in Companies Act, 2013 is Section 149. Proviso to Section 149(1) stipulates that companies shall appoint woman directors. It is stated that every listed company shall appoint at least one woman director within one year from the commencement of the second proviso to section 149(1).every other public company having paid up capital of 100 crores or more and a turnover of 300 crores or more have to compulsorily appoint within 3 years from the commencement of second proviso to section 149(1) of the Act. Such time limit of one year is provided since a search for right kind of women directors is a time consuming exercise. Under section 152(5) of the companies Act, 2013, every person including a women director who has been appointed to hold the office of a director shall on or before the appointment, furnish to the company consent in writing to act as such in Form no. 11.2 and comply with the requirements for filing of consent on MCA portal.

MENTORING OF WOMEN

Mr. Arun Duggal, chairman of Shriram Capital and a veteran international banker along with managing director of Spencer Stuart India has initiated a mentoring programme to get more women onto corporate boards and Mr. Duggal who is running the programme has roped in leaders like Deepak Parekh, chairman of housing development finance corporation to mentor woman for directorship positions in the country. The initiative of this kind is essential as otherwise a big part of a company’s stakeholders-employees, customers etc is not adequately represented and the perspective is not broad enough to have multiplicity of views. M Damodran, former chairman of SEBI says “Indian boards need more diversity of all sorts. Corporate boards need more women board members who can often bring a different perspective”.

Well, what holds in future that time will tell but nonetheless ray of hope lies in the mandate provided by the rovisions of companies act, 2013. On face of it, it looks like a balancing act in the board rooms in terms of gender and talent. It breaks the dominant hold of men in the board rooms. Collective and massive effort is required to bring about such a change and make corporate environment more comfortable as well as challenging at the same time for omen.Through promulgation of this innovative provision, the constantly changing and dynamic Indian corporate world is now intelligently enabled to widen its talent pool with inclusion of women with diversified backgrounds and viewpoints. We hope that such an initiative will prove to be an epitomy of excellence as well as equality in the corporate front.

About Author

Namrata Nair

The author is a Legal Officer at NCORD Biotech Ltd., Pune specializing in corporate law and drafting. She possesses an educational background with BCOM (H) from Hansraj, Delhi University, LLB from Faculty of Law, Delhi University, Company Secretary and MCOM, PDGP in International Trade Law