Laws that limit women’s employment in India - Karma Global - 03/05/2024

Laws that limit women’s employment in India

Contents News/Article Date: 30th April, 2024 Relating to which Act:  The Indian Constitution grants the Central and state governments the powers to enact laws to protect the employees and foster a professional work environment. Based on the industry, nature of the work, number of employees in the company, location, and more, there are various legislations like the Industrial Disputes Act 1947 (ID Act), Factories Act 1948 (Factories Act), and Shops and Establishment Acts in relevant states (S&E Act).  Applicable to which State: Acts and Rules are applicable to all States Type: News Report    Pertains to: Establishments and Employees in all types of Organizations covered by labour laws    Relevance of this news: Karma Global  since 2004 is backed by 25 years of prior experience since 1979, operating on Pan India basis and Internationally in the Americas and EMEA, helmed by Pratik Vaidya,  is a leading giant in payroll management, compliance, and governance, human resource services, professional employment staffing and onboarding, recruitment and talent acquisition, advisory and consultations thereby offering a plethora of services with quick turn-around solutions including in-house flagship AI/ML based tech solutions so as to help organizations of different types and stature to perform better in Human Resource ensuring Risk Management, Compliance and Governance across Environmental, Social and Corporate laws and grow bigger And in this instance, In India, women continue to face discrimination as job seekers because of their gender. This discrimination is reinforced by the more than 150 laws that prohibit or limit women’s employment in certain industries—the generation of petroleum, the manufacturing of products such as oils and rechargeable batteries, and establishments selling or serving liquor—especially during night-time. In 2022, Prosperity analyzed more than 200 regulations to understand which kinds of work women are excluded from. We also reviewed 26 judicial rulings to study how such discrimination is handled by courts of law Subject: Laws that limit women’s employment in India Appended is the complete news item NEWS REPORT Laws that limit women’s employment in India A report reveals that there are more than 150 labour laws that restrict women’s workforce participation in India and suggests ways to rectify the situation. In India, women continue to face discrimination as job seekers because of their gender. This discrimination is reinforced by the more than 150 laws that prohibit or limit women’s employment in certain industries—the generation of petroleum, the manufacturing of products such as oils and rechargeable batteries, and in establishments selling or serving liquor—especially during night-time. In 2022, Prosperity analyzed more than 200 regulations to understand which kinds of work women are excluded from. Also reviewed 26 judicial rulings to study how such discrimination is handled by courts of law. In February 2024, the regulations were revisited and identified in the 2022 report to see if the legal position regarding women’s work has changed in any way.  It was found that legal barriers largely continue to exist, with only a few states easing restrictions on women’s employment at night. The findings are as follows:

1. There are limitations on working at night in several states

There are 24 states with laws that limit women’s participation in various kinds of factory operations. Among these, there are 11 states that bar women’s employment at night. Two laws govern these strictures: The Factories Act, 1948, at the union level and the shops and commercial establishments laws at the state level. Governments have argued that these stipulations are necessary to prevent sexual violence and safeguard women from the physical dangers of longer working hours. Even when women are allowed to work at night, the laws place several prohibitive conditions on their employment. For example, in most states employers must ensure that female workers make up a minimum proportion—either 10 or two-thirds—of the workers and the supervisory staff for the night shift. Such constraints make it difficult for employers to run night shifts with women workers, thereby reducing job opportunities for women. To illustrate: an employer would have to cancel a night shift if some women are on leave and there aren’t enough female workers to fulfil the two-thirds requirement. Some states permit women to work at night in commercial establishments ranging from offices and theatres to warehouses and hospitals. States such as Bihar, Chhattisgarh, and Gujarat require inspectors to be “satisfied”, ensure that establishments provide “adequate protection of (women’s) dignity, honour and safety”, and mandate facilities such as shelters, restrooms, toilets, and night crèches. Though Indian states have historically prohibited women from working at night, there have been gradual relaxations on this front. However, the pace of reform is slow. Since 2022, states such as Andhra Pradesh and Madhya Pradesh have done away with laws that prevent women from working at night. Women in Andhra Pradesh are now allowed to pursue factory work at night, and those in Madhya Pradesh can engage in night-time work at commercial establishments. However, most other states, including Bihar and Rajasthan, continue to prohibit women from working at night in factories, while West Bengal continues to prohibit women from working at night in commercial establishments.

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