This article has been written by MS. KHAN GULFASHA BANU WAHID a Second year BA.LLB Student from HVPS COLLEGE OF LAW.
INTRODUCTION:
Women are the backbone of any economy primarily shaping future of the country. She who earlier stayed at home to attend her domestic duties is now maintaining work and home simultaneously, participating in the process of economic development on an equal footing with men.
Nightshifts have been in existence for a long time; however, for India it was only recently through an amendment to the Factories Act 1948 that it was allowed under the law for women to work nightshifts. Nightshifts for the top employers of women imply increases in their productivity, quality and international competitiveness.
The Factories Act 1948 to allow women employees to work in nightshifts. The amendment suggests that nightshift for women shall be allowed only if the employer ensures safety, adequate safeguards in the factory as regards occupational safety and health, equal opportunity for women workers, adequate protection of their dignity, honour and transportation from the factory premises to the nearest point of their residence are met.
WOMEN IN THE NIGHT SHIFT: TERMS AND CONDITION
The Uttar Pradesh government has allowed factories to employ women on night shifts between 7 pm and 6 am, if the employers fulfil certain conditions to ensure the safety and security of the female workers and make certain provisions at the workplace.
Transport-related condition For example, security guards at the office have to ensure that the woman has boarded the vehicle, and the driver has to ensure that the woman has entered her residence before leaving for the next destination. The supervisory office of the company will design the route of pick-up from the office and drop to the employee’s residence. The routes have to be designed in such a way that no woman is picked up first or dropped off last.
In Haryana, companies have to maintain a boarding register and a movement register. The boarding register records the “date, name of the model & manufacturer of the vehicle, vehicle registration no., name of the driver, address of the driver, phone/contract no of the driver, and time of pickup of the women employees from the establishment destination.” The movement register daily records the female employee’s time of pick-up and drop off, their destination, along with their signature during the drop off. One HR officer we talked to, caustically referred to himself as a hostel warden and pointed out the irony of asking your female boss to sign the company register every day before she leaves the office.
PROHIBITION OF NIGHT WORK
- Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.
- Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 stipulates that no woman shall be required or allowed to work in any industrial premise except between 6 a.m. and 7 p.m.
- Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.
- According to shops and establishment act no women shall be required or allowed to work in any establishment after 9:30 PM
MEASURES TO PROTECT WOMEN WORKING IN NIGHT SHIFT
- Special arrangements should be made for protection of female employees working before 6AM and 8:30PM including transportation.,
- Female employees should be provided job jointly or in a group.,
- Every vehicle transporting women employees to be issued special pass.,
- Every company should provide a security guard with the vehicle for women employee.,
- Security guard or a colleague to accompany the driver in the cab, if a woman staff working in a night shift is either the first to be picked or last to be dropped.,
- GPS based monitoring of cabs with panic buttons.,
- SMS alerts or information systems to be installed.,
- Employers should collect the identification documents from drivers, security guards and casual staff.,
- 24X7 operational CCTV at vital locations or places such as entry/exit, common passages etc.,
- Installation of electronic doors allowing access to work area only to authorized employees.,
- High security fencing to discourage human trespassing in factory/office premises/campuses.,
- Separate and secure toilets for women close to their work station.,
- Compliance and audits, random checks to be done periodically including breathe analysis of cab drivers.,
- Training of women staff on staying alert and better prepared.,
- Self-defence classes to be organized at the workplace or sponsored by the organization.,
- Setting up of a sexual harassment committee reporting to the managing director or a senior member of the management and headed by a woman.,
- Clearly displayed emergency contact numbers and a designated officer(s) available round the clock to be contacted in emergency.
CASE LAWS:
The Madras High Court in Vasantha R. v. Union of India & Ors. had considered a similar challenge to Section 66(1)(b). It was held that the provision which denies an opportunity for women to work during night hours when they are desirous of doing so, for the betterment of their employment prospects would be violative of the provisions of Articles 14, 15 and 16 of the Constitution of India and had struck down the said provision as being discriminatory.
In Sanuja v. Kerala State Beverages Corporation Ltd had considered a challenge to Rule 7(37) of the Abkari Shops (Disposal in Auction) Rules, 2002 which provided that women cannot be engaged to work in foreign liquor shops. After consideration of the case law on the point as also the changed circumstances, this Court held that the restriction against women being employed in liquor outlets would violate the provisions of Articles 14, 15, 16 and 19 of the Constitution. The provisions were, therefore, held to be discriminatory and violative of the provisions of Articles 14 and 15.
In the case of Ram Chand v. Mathura Chand,wherein it was held that the inspector has no right to issue a general prohibition against the employment of women at night without going into the question whether the staff is sufficient, however, it was said that it is the discretion of the inspector to allow a woman to work in night shifts if he deems it fit. But he cannot make a General Prohibition on it.
CONCLUSION:
Women, who earlier stayed at home fulfilling domestic duties, are now considered as the backbone of any economy. She is participating in the process of economic development on an equal footing with men, simultaneously managing both home and work. Women have moved away from their traditional roles of homemaker and child rearing to social and business solutions. Still, they have always been treated differently, discriminated in all aspects throughout the world.
The Government of India, meeting a longstanding demand for gender parity in workforce, has approved an amendment in the Factories Act, 1948, allowing women employees to work in nightshifts. But the amendment would only be applicable if the employer ensures safety, adequate measures to ensure health, equal opportunity to women workers, transportation, etc. Section 66 of the Factories Act, 1948 prohibits women. As people of this planet and for humanity, we must make this place a safer place for anyone to live in.
REFERENCE:
https://www.lexology.com/library/detail.aspx?g=4f969c10-9bde-432a-97e7-327eb3a358eb
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