Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

With reference to its previous comments, the Committee notes the Government's reply to the comments made by the Centre of India Trade Unions (CITU) in which the Government indicates that, in conformity with Article 2 of the Convention, section 66 of the Factories Act 1948 does not authorize the employment of women beyond ten o'clock in the evening. It also notes that the employment of women in night shifts at the hosiery units in Tirupur (Tamil Nadu) has been considered and that the State Government of Tamil Nadu has indicated that in no factory have women workers been employed beyond 10 p.m. It notes further that, in 1994, 17 clothing factories in Tirupur were granted permission to employ women workers up to 10 p.m. Furthermore, the State Governments of Goa, Madhya Pradesh, Orissa, Assam, Gujarat and Kerala have by specific notifications authorized the employment of women between 7 p.m. only and 10 p.m. in a few units, subject to certain conditions, e.g. transportation, security, food for women workers, etc. The Government states also that, under section 66 of the same Factories Act, night work for women has also been allowed up to 10 p.m. in the States of Madhya Pradesh (in the ginning factories and Hotline Tele-tube and Components Ltd., Malanpur, for a period of three years); Goa (for the fish processing unit and the textile unit); Orissa in Ipitron Time Ltd., Mancheswar Industrial Estate, Bhubaneshwar and Kalinga Iron Works, Distt. Keonjhar and Tripura (work in fish curing or fish canning factories). The Committee notes these indications and considers that the number of exemptions and the number of States involved are both on the increase.

The Committee recalls once again that under Article 5 of the Convention, the prohibition of night work for women may be suspended only when, in case of serious emergency, the national interest demands it and after consultation with the employers' and workers' organizations concerned. The Committee recalls the adoption by the International Labour Conference of the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89), in order to allow greater flexibility. It asks the Government to provide information on the measures which have been taken to bring practice into conformity with national laws and the international commitments which have been undertaken.