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Gender Discrimination in Night Shift Work: A Look into Indian Labour Laws, Study notes of Commercial Law

An overview of the issue of women's right to work in night shifts in india, highlighting the relevant labour laws, exemptions, and judicial pronouncements. It discusses the percentage of women in various sectors and the hours of ban on their employment in different acts. The document also includes the nature of information sought in form r of the karnataka shops act and the extent of punishment for violating section 25 of the act.

Typology: Study notes

2010/2011

Uploaded on 08/28/2011

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BAN ON WOMEN’S RIGHT
TO WORK IN NIGHT SHIFTS
IS VIOLATIVE OF THEIR
FUNDAMENTAL RIGHTS AND
IS NOT ENFORCEABLE IN
LAW
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BAN ON WOMEN’S RIGHT

TO WORK IN NIGHT SHIFTS

IS VIOLATIVE OF THEIR

FUNDAMENTAL RIGHTS AND

IS NOT ENFORCEABLE IN

LAW

I WOMEN WORK FORCE IN INDIA

SECTOR PERCENTAGE OF WOMEN

• AGRICULTURAL 87%

• UNORGANISED 93%

(NON-AGRI.SECTOR)

• ORGANISED INDUSTRIAL 17.6%

SECTOR

[SOURCE WWW.ILO.ORG /FACTSHEET/ GENDER/

INDIA]

• THE ABOVE PERCENTAGE IS UPTO 2002 AND THE

PERCENTAGE IN THE ORGANISED SECTOR

TODAY SHOULD BE MUCH HIGHER

III PROVISIONS FOR SEEKING EXEMPTIONS

UNDER THE ABOVE ACTS

ACT

SECTIONS EMPOWERING GRANT OF EXEMPTIONS NATURE OF EXEMPTIONS FACTORIES ACT

66(2)&66(3) EXEMPTION BY

STATE ONLY

FOR FISH

CURING &

CANNING

INDUSTRIES

FOR WORKING

UPTO 10.PM AND

START WORK FROM 5 AM

ACT

SECTIONS EMPOWERING GRANT OF EXEMPTIONS NATURE OF EXEMPTIONS MINES ACT 46(3) CENTRAL GOVT. CAN EXEMPT ALLOWING WORK UPTO 10.PM AND START WORK AT 5. AM

IV WHAT IS THE NATURE OF INFORMATION SOUGHT IN FORM R OF THE SHOPS ACT

  1. NAME & ADDRESS OF THE ESTABLISHMENT
  2. NAME OF EMPLOYER/DIRECTOR
  3. POSTAL ADDRESS FOR COMMUNICATION
  4. TOTAL NO OF EMPLOYEES MEN/WOMEN/ TOTAL CONT….

5. PARTICULARS OF WOMEN EMPLOYEES

WHO ARE WILLING TO WORK DURING

NIGHT SHIFTS

a) NAME & ADDRESS OF EACH WOMAN

b) NATURE OF WORK

c) MODE OF TRANSPORTATION PROVIDED

d) WHETHER SECURITY WILL BE

PROVIDED AT WORK PLACE

e) REMARKS

TO BE SENT TO DEPUTY LABOUR COMMISSIONER

OF THE AREA CONCERNED

VI RECOMMENDATIONS OF THE SECOND

NATIONAL COMMISSION ON LABOUR REPORT

[2002] [PARA 6.121 (b)] “ON THE QUESTION OF NIGHT WORK FOR WOMEN THERE NEED NOT BE ANY RESTRICTION ON THIS IF THE NUMBER OF WOMEN WORKERS IN A SHIFT IN AN ESTABLISHMENT IS NOT LESS THAN FIVE AND IF THE MANAGEMENT IS ABLE TO PROVIDE SATISFACTORY ARRANGEMENT FOR THEIR TRANSPORT, SAFETY AND REST AFTER AND BEFORE SHIFT HOURS”

VII JUDICIAL PRONOUNCEMENTS HOLDING SEC 66(1)(b) OF THE FACTORIES ACT UNCONSTITUTIONAL CASE REFERENCE & HIGH COURT

GIST OF JUDGEMENT

OMANA OOMEN

VS

FACT LTD

AIR 1991 KER 129

[KERALA HIGH

COURT]

NON RECRUITMENT

OF LADY

APPRENTICES ON

THE GROUND THAT

THEY CANNOT BE

EMPLOYED IN

NIGHT SHIFTS

BECAUSE OF THE

BAN UNDER SEC 66(1)

VIOLATES ARTICLES

VII JUDICIAL PRONOUNCEMENTS HOLDING SEC 66(1)(b) OF THE FACTORIES ACT UNCONSTITUTIONAL(CONT) CASE REFERENCE & HIGH COURT

GIST OF

JUDGEMENT

K.S.TRIVENI

VS

UNION OF INDIA

2002(3)LLJ 320

[ANDHRA HIGH

COURTDIVISION

BENCH]

AGREES WITH

MADRAS HIGH

COURT DECISION

AND STRIKES DOWN

SEC 66(1)(b)

VII JUDICIAL PRONOUNCEMENTS HOLDING SEC 66(1)(b) OF THE FACTORIES ACT UNCONSTITUTIONAL(CONT) CASE REFERENCE & HIGH COURT

GIST OF JUDGEMENT

NATURAL TEXTILES

VS

UNION OF INDIA

2007(3)LLJ 646

[KARNATAKA

HIGHCOURT]

AGREES WITH

MADRAS & ANDHRA

HIGH COURTS AND

HOLDS 66(1)(b) IS A NULLITY ACROSS INDIA

VIII CONSTITUTIONAL PROVISION ON NON

DISCRIMINATION ON GROUNDS OF SEX

ART. 16(1)(2) NO CITIZEN SHALL BE

DISCRIMINATED IN

PUBLIC

EMPLOYMENT ON

GROUNDS OF

RELIGION, RACE,

CASTE, SEX,

DISCENT OR PLACE

OF BIRTH

VIII CONSTITUTIONAL PROVISION ON NON

DISCRIMINATION ON GROUNDS OF SEX(CONT)

ART. 19(1)(g)

EVERY CITIZEN

SHALL HAVE THE

RIGHT TO

PRACTICE ANY

PROFESSION OR

CARRY ON ANY

OCCUPATION OR

TRADE OR

BUSINESS

NOTE

ART.15(3) CAN ONLY BE IN THE NATURE

OF AFFIRMATIVE DISCRIMINATION AND

NOT TAKE THE CHARACTER OF DENYING

WOMEN’S RIGHT TO EQUALITY UNDER

ARTICLES

15(1)(2) & 16(1)(2) & 19(1)(g)

STATE CAN ONLY BRING LEGISLATION

PROMOTING WOMENS EMPLOYMENT

AND NOT PREVENTING THEM

IX IS THE RATIONALE OF THE JUDICIAL

DECISIONS ON SEC 66(1) OF THE FACTORIES

ACT EXTENDABLE TO SEC 25 OF THE

KARNATAKA SHOPS ACT 1963

  • (^) THE PROHIBITORY WORDS UNDER THE

TWO ACTS ARE SIMILAR

 NO WOMAN SHALL BE ALLOWED TO WORK

IN ANY FACTORY EXCEPT BETWEEN 6 AM TO

7 PM [FACTORY ACT66(1)]

 NO WOMAN SHALL BE REQUIRED OR

ALLOWED TO WORK WHETHER AS AN

EMPLOYEE OR OTHERWISE IN ANY

ESTABLISHMENT DURING NIGHTS[SHOPS

ACT 25]

CONT….