Under the guidance of Prof. C. L. Bansal Introduction What is Gender Diversity and why is it needed? International Perspective Indian Context Implication and Recommendation
Provisions in Companies Bill, 2012 Section 149 Bearing on the Indian corporate scenario Questions to be answered Need for women directors The quota system Ethical Equity Equality Parity Diversity Opportunity Gender Diversity means to consider and promote different skills, resources and potentials of women and men in their diversity as equivalent
It is the ability to accept both genders equally within an organization, providing both men and women with same compensation, benefits and opportunities based on their skills Women received only 80% of their male counterparts salary and were easily passed over for promotions Glass Ceiling Invisible barrier that keeps women from rising above a specific level within a company Women were not considered for partner track as it was believed that their domestic commitments would make them poor partners
Women take their non-executive director roles more seriously, and are better prepared for meeting (Izraeli, 2000)
Women ask the awkward questions more often which helps board think more about their decisions (Huse & Solberg, 2006)
Women bring different perspectives and voices to the table, to the debate and to the decisions (Zelechowski & Bilimoria, 2004)
Country % Women on Board (as on April 9, 2012) Norway 40.1% Sweden 27.3% United States (US) 16.1% South Africa 15.8% India 5.3% Japan 0.9% First country to introduce board gender quotas in 2005
No. of Directors on the Board Quota 2-3 Both gender (male/female) shall be represented 4-5 At least 2 director from each gender 6-8 At least 3 director from each gender 9 At least 4 director More than 9 At least 40% director from each gender The Public limited companies to meet the requirement of gender diversity on boards until 1 January, 2008.
Consequences of Non-Compliance could result into dissolution of the company.
However, no company has been dissolved so far on account of the non compliance with the gender rules.
Fixed Quota
In January 2011, the French Law was modified and quotas were introduced in order to improve the representation of women on boards of both listed and unlisted companies.
W.e.f. 1 st January 2017- Proportion of men and women directors should not be below 40% in case of listed companies and non-listed companies having revenue or assets over 50 million Euros employing at least 500 persons for three consecutive years.
Country Target for Gender diversity Norway (2003) 40% by 2008 (Successful in increasing female board representation by reaching to 40.1% level.) Spain (2007) 40% by 2015 (Increased from 5.2% in 2006 to 10.2 in 2010) Iceland (2010) 40% by 2013 France (2010) 20% by 2013 and 40% by 2017 Netherlands (2010) 30% Initiatives to Improve the Gender Diversity
ASX CG Principles and Recommendations (Comply or Explain)
Adopt and publicly disclose a diversity policy Disclose in Annual Report the proportion of women at Board/Sr. Mgt/Employee level.
Establish a measurable objective for achieving Gender Diversity and assess annually the objective and progress made which should be disclosed in the annual report. Disclose the mix of skills and diversity criteria which board is looking to achieve in membership of the Board.
No fixed Quota Initiatives:- In December, 2009 the SEC approved a rule that would require disclosure of whether a nominating committee consider the diversity in finding out directors and if yes they have to disclose their policy and how it is implemented .
Further the board/nominee committee should also assess the effectiveness of policy on diversity and disclose the same. Study of 30 companies in Bombay Stock Exchange (BSE) and 50 companies in Nifty shows the number of women directors to be 5.9% and 4.5% respectively Low percentage in the global context The Companies Bill 2012 provides that the class or classes of companies as prescribed shall have at least one woman director. These classes have not been defined as yet. Quotas are a blunt tool Power allocation on the basis of gender rather than merit
Neither good for corporate governance nor for organizational performance
Companies Bill 2012 does not promote membership by virtue of competence, skill and success by imposing women participation
Leads to participation on multiple boards but in non-executive roles
There should not be just a quota system
Corporate models from the Australia and USA should be emulated
Companies should consider:
Diversity in identifying nominees for director
If the nominating committee or the board even has a policy with regard to diversity
Mandatory disclosure of how these policies are implemented and how the nominating committee or the board assesses the effectiveness of its policy