Section 66 (1)(b) of the Factories Act
Section 66 (1)(b) of the Factories Act prohibits the employment of women in factories between 7 pm and 6 am. V. Rajeswari, a worker at Viswabharathi Textiles Ltd, Vadamurai, filed a petition in the High Court challenging the constitutional validity of such a provision, which not only infringes on the freedom of women to work but also discriminates against the interests of women in the liberalized scenario of globalization.
A single judge of the Madras High Court held Section 66 (1)(b) to be unconstitutional in 2002. The decision was challenged by the Tamil Nadu Labour Department and the Chief Inspector of Factories. In their appeal, the departments argued that such a provision was included in the Factories Act considering the safety, security, and lack of transport facilities during night hours.
A Division Bench, comprising Justices C. Nagappan and M.M. Sundresh, has now delivered the judgment while dismissing an appeal by the Tamil Nadu Labour Department and the Chief Inspector of Factories, upholding the single judge's order of 2002.
While there are provisions under the Act to seek exemption for late-night working, it is not easy to obtain exemption from the Factories Department since they come with many riders. A few of them require that women should only work in groups and in close proximity, special security arrangements should be provided, and transportation arrangements should be made so that a female employee is not the last one to be dropped. While these requirements consider the larger interest of women, employers would always think of a cheaper and safer mode of labor: men.
From India, Madras
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8Section 66 (1)(b) of the Factories Act prohibits the employment of women in factories between 7 pm and 6 am. V. Rajeswari, a worker at Viswabharathi Textiles Ltd, Vadamurai, filed a petition in the High Court challenging the constitutional validity of such a provision, which not only infringes on the freedom of women to work but also discriminates against the interests of women in the liberalized scenario of globalization.
A single judge of the Madras High Court held Section 66 (1)(b) to be unconstitutional in 2002. The decision was challenged by the Tamil Nadu Labour Department and the Chief Inspector of Factories. In their appeal, the departments argued that such a provision was included in the Factories Act considering the safety, security, and lack of transport facilities during night hours.
A Division Bench, comprising Justices C. Nagappan and M.M. Sundresh, has now delivered the judgment while dismissing an appeal by the Tamil Nadu Labour Department and the Chief Inspector of Factories, upholding the single judge's order of 2002.
While there are provisions under the Act to seek exemption for late-night working, it is not easy to obtain exemption from the Factories Department since they come with many riders. A few of them require that women should only work in groups and in close proximity, special security arrangements should be provided, and transportation arrangements should be made so that a female employee is not the last one to be dropped. While these requirements consider the larger interest of women, employers would always think of a cheaper and safer mode of labor: men.
From India, Madras
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According to me, it is not unconstitutional; it is for the betterment of women and the responsibility of the state to protect the interests of women, children, and the weaker sections of society. In India, the weaker sections are not in a position to bargain for all the rights, so the law is there to give them an equal platform.
From India, Hyderabad
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From India, Hyderabad
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