This article has been written by Ms. Khushboo Kamal, a student of LL.B course, of Campus law centre, faculty of law, University of Delhi, North campus. Author is a 3rd year Law student.
INTRODUCTION-
The Indian laws regarding women’s safety in night shifts primarily revolve around the provision of a safe and secure working environment for women employees who work during the night. The relevant legislation governing this aspect is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and the Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 1961.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, mandates that all employers must ensure that their female employees are safe and protected from sexual harassment while working during night shifts. This includes implementing measures such as providing safe transportation facilities to and from the workplace, ensuring adequate lighting, installing CCTV cameras, and providing security personnel.
Additionally, the Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 1961, stipulates that women employees are entitled to certain benefits and protections, such as:
Adequate lighting and ventilation in the workplace.
A safe and secure working environment, including provision of security personnel, CCTV cameras, and emergency alarm systems.
Safe transportation facilities to and from the workplace.
Restrictions on employment during certain hours of the night, depending on the nature of the work.
Provision of separate toilet facilities for men and women.
The law also requires employers to maintain a register of female employees working during night shifts and to report any incidents of sexual harassment to the local authorities.
Moreover, some states in India have specific laws for women working in the night shift, such as the Karnataka Shops and Commercial Establishments (Amendment) Act, 2018, which allows women to work during night shifts provided their workplace has sufficient safety and security measures in place.
In summary, Indian laws provide comprehensive protection for women employees who work during the night shift. Employers are required to take all necessary measures to ensure the safety and security of their female employees, including the provision of safe transportation facilities, adequate lighting, and security personnel. It is essential that these laws are strictly enforced, and any violations or incidents of sexual harassment are promptly reported and addressed to ensure a safe working environment for all women employees.
DETAILS REGARDING THIS ISSUE-
Women have been working in night shifts across various industries in India for several years now. While it is considered to be a significant milestone in gender equality, the issue of women’s safety during night shifts has always been a concern for both employers and employees.
In India, there are various laws and regulations that ensure the safety and security of women working in night shifts. Let’s take a look at some of the prominent laws that safeguard women’s rights in the country.
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is a comprehensive law that aims to prevent and provide redressal for sexual harassment of women at the workplace. The law covers all women employees, including those working in night shifts.
Under this law, every organization that employs women is required to set up an internal complaints committee (ICC) to deal with cases of sexual harassment. The ICC must have at least one woman as a member and should provide a safe environment for women to raise complaints.
Factories Act, 1948
The Factories Act, 1948, is another law that ensures women’s safety during night shifts. According to this act, women are not allowed to work in factories between 7 PM and 6 AM. However, there are some exceptions to this rule, and women can work in night shifts if they have the employer’s written consent and if adequate safety measures are provided.
The act also mandates that employers must ensure the safety and welfare of women employees working in night shifts by providing adequate lighting, transportation facilities, and security arrangements.
Shops and Establishments Act
The Shops and Establishments Act is a state-specific law that regulates the working conditions of employees in shops and commercial establishments. Under this law, women employees are allowed to work in night shifts, provided that the establishment ensures their safety and security.
The act mandates that employers must provide transportation facilities, such as cab services, to ensure the safe commute of women employees during night shifts. Employers must also ensure that women employees have access to restrooms, canteens, and other facilities during night shifts.
Maternity Benefit Act, 1961
The Maternity Benefit Act, 1961, is a law that protects the rights of pregnant women and new mothers in the workplace. The act mandates that women employees are entitled to paid leave for a period of up to 26 weeks during pregnancy and after childbirth.
The act also prohibits employers from assigning night shifts to women employees during the six weeks following childbirth. This provision ensures that new mothers get adequate rest and recovery time after childbirth.
CONCLUSION-
In conclusion, women’s safety during night shifts is of paramount importance, and there are several laws and regulations in India to ensure their safety and security. Employers must comply with these laws and provide adequate safety measures and facilities to women employees working in night shifts. Women, too, must be aware of their rights and speak up if they face any form of harassment or discrimination in the workplace.
CASE LAWS-
Some Case laws based on Indian laws on women’s safety in night shifts as follows:
There are several Indian laws and guidelines that pertain to women’s safety in night shifts. Some of the important case laws related to this topic are:
Vishaka and Others v. State of Rajasthan (1997): This case was a landmark judgment by the Supreme Court of India that laid down guidelines to prevent sexual harassment of women in the workplace. The guidelines, commonly known as the Vishaka Guidelines, provided for the prevention and redressal of sexual harassment complaints in the workplace, including in night shifts.
Apparel Export Promotion Council v. A.K. Chopra (1999): This case dealt with the issue of women working in night shifts in the apparel industry. The court held that women can work in night shifts with adequate safety measures and provided guidelines to ensure their safety.
National Legal Services Authority v. Union of India (2014): In this case, the Supreme Court recognized the rights of transgender persons and held that they should be protected from discrimination and violence in the workplace, including in night shifts.
State of Haryana v. Rajesh (2017): This case dealt with the issue of women working in the police force and being denied the opportunity to work in night shifts. The court held that women should not be discriminated against in the workplace and should be given equal opportunities to work in all shifts.
BPO Employees’ Association v. State of Karnataka (2018): In this case, the Karnataka High Court directed the state government to ensure the safety of women working in the BPO industry during night shifts. The court directed the government to provide transport facilities, security, and other safety measures to protect women employees.
These case laws have played a significant role in shaping the laws and guidelines related to women’s safety in night shifts in India. They emphasize the importance of providing a safe and secure working environment for women, regardless of the shift they work in.
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