Section 66 of the Factories Act, 1948 prohibits employment of women in factories
between 7.00 P.M. and 6.00 A.M. This section was incorporated in the Act, after India’s
ratification of the International Labour Organisation (ILO) Convention No. 89. The State
Governments, however, have the power to vary the limits laid down under clause (b) of subsection
(1) of the said section so as to permit employment of women in any factory or class
of factories, but no such authorisation can permit employment of women between
10.00 P.M. and 5.00 A.M.
2. In the recent past, many women’s organisations have filed Writ Petitions in certain
High Courts seeking, inter alia, directions for amending the Factories Act, 1948 with a view
to permitting night work by women on the ground that the provisions of the Act are
discriminatory and gender biased. Some of the Courts have allowed employment of women
during the night shift and two High Courts have struck down clause (b) of sub-section (1) of
section 66 of the aforesaid Act as unconstitutional.
3. In June, 1990, the General Conference of ILO also had adopted a Protocol relating
to Convention No. 89, known as the Protocol of 1990 to the Night Work (Women) Convention
(Revised), 1948. Under the provisions of the Protocol, the competent authority in a country
under its national laws and regulations is authorised to modify the duration of the night shifts
or to introduce exemption from the prohibition within certain limits. The Protocol has since
been ratified by India and has come into effect on 21st November, 2004.
4. In order to provide flexibility in the matter of employment of women during night,
it is necessary to amend section 66 of the Factories Act, 1948. It is, therefore, proposed to
amend the said section so as to provide certain flexibilities. However, the occupier has to
ensure certain occupational safety and adequate protection to the women so employed. The
proposed amendment will also result in optimal utilisation of the installed capacity, promotion
of exports and generation of employment opportunities for women.
5. The Bill seeks to achieve the above objects.
K. CHANDRA SEKHAR RAO.
NEW DELHI;
The 5th August, 2005.
between 7.00 P.M. and 6.00 A.M. This section was incorporated in the Act, after India’s
ratification of the International Labour Organisation (ILO) Convention No. 89. The State
Governments, however, have the power to vary the limits laid down under clause (b) of subsection
(1) of the said section so as to permit employment of women in any factory or class
of factories, but no such authorisation can permit employment of women between
10.00 P.M. and 5.00 A.M.
2. In the recent past, many women’s organisations have filed Writ Petitions in certain
High Courts seeking, inter alia, directions for amending the Factories Act, 1948 with a view
to permitting night work by women on the ground that the provisions of the Act are
discriminatory and gender biased. Some of the Courts have allowed employment of women
during the night shift and two High Courts have struck down clause (b) of sub-section (1) of
section 66 of the aforesaid Act as unconstitutional.
3. In June, 1990, the General Conference of ILO also had adopted a Protocol relating
to Convention No. 89, known as the Protocol of 1990 to the Night Work (Women) Convention
(Revised), 1948. Under the provisions of the Protocol, the competent authority in a country
under its national laws and regulations is authorised to modify the duration of the night shifts
or to introduce exemption from the prohibition within certain limits. The Protocol has since
been ratified by India and has come into effect on 21st November, 2004.
4. In order to provide flexibility in the matter of employment of women during night,
it is necessary to amend section 66 of the Factories Act, 1948. It is, therefore, proposed to
amend the said section so as to provide certain flexibilities. However, the occupier has to
ensure certain occupational safety and adequate protection to the women so employed. The
proposed amendment will also result in optimal utilisation of the installed capacity, promotion
of exports and generation of employment opportunities for women.
5. The Bill seeks to achieve the above objects.
K. CHANDRA SEKHAR RAO.
NEW DELHI;
The 5th August, 2005.