Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

In its previous comments, the Committee has been commenting on the exemptions made to the prohibition of night work of women under section 66 of the Factories Act, 1948. It notes the Government has supplied further information regarding exemptions granted to factories of various sectors in different states.

The Committee also notes the Government's statement in the report that these exemptions are in conformity with the the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89). It points out that the Protocol of 1990 has not so far been ratified by India, and that the Government therefore has the obligation to ensure the application of the provisions of the Convention and not the Protocol, as long as the latter has not been ratified.

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. 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.