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.
Title: INDIAN LAWS ON WOMEN’S SAFETY IN
NIGHT SHIFTS.
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.
1. 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.
2. 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.
3. 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.
4. 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
REFERENCES-
Indian kanoon
Newspapers
Live law
Bar n bench
Internet etc.
