Reducing Work Hours of Women

Context:

The last thing a rape and murder require are empty words, yet a tired and predictable response is being offered after the brutal killing of a female doctor on duty at Kolkata’s R.G. Kar Hospital on August 9. The West Bengal government has issued guidelines, including one that suggests minimizing night shifts for women.

Relevance:

GS2-

• Welfare Schemes for Vulnerable Sections of the population by the Centre and States and the Performance of these Schemes
• Issues Relating to Development and Management of Social Sector/Services relating to Human Resources

GS3- Growth, Development and Employment

Mains Question:

In light of the recent violence against women in their workplaces, reducing work hours of women and minimizing night shifts for them presents a way to ensure their safety. Comment critically. (15 Marks, 250 Words).

Women in Workforce:

• According to the Periodic Labour Force Survey (PLFS) conducted by the National Statistical Office (NSO), the Worker Population Ratio (WPR) for women aged 15 years and above was estimated at 28.7% in 2019-20.
• However, the most recent PLFS report indicates a rising trend in the Labour Force Participation Rate (LFPR) for women, which reached 32.8% in 2021-22.
• Despite this increase, the rate remains below the global average of 47% and is significantly lower than that of countries like China, where the female LFPR stands at 60%.
• It is also lower than that of some neighboring South Asian countries, such as Sri Lanka and Bangladesh.

Avoiding Night Duty- A Regressive Approach:

• How does this directive—“wherever possible, night duty may be avoided for women to the extent possible”—enhance workplace safety?
• This regressive approach will only push women out of the workforce rather than addressing the root cause of violence.
• With the labor force participation rate for urban women in India, aged 15 and above, at a dismal 25.2% in April-June 2024, according to the Periodic Labour Force Survey’s quarterly bulletin, both the central and state governments must ensure that women—whether they are healthcare professionals, gig workers, factory employees, call center staff, auto drivers, hotel workers, or journalists—can work safely, anywhere, at any time.
• Reducing their working hours will only result in women losing jobs and financial independence.
• The other guidelines, part of the ‘Rattirer Shaathi (Helpers of the Night)’ program, include separate restrooms and toilets for women, the creation of safe zones with CCTVs, and a special mobile phone app—measures that should have already been implemented.

Existing Notifications on the Issue:

• Several states, including Telangana, Madhya Pradesh, and Tamil Nadu, have issued allowing commercial establishments to employ female workers during the night shift.
• Haryana has updated the conditions that commercial establishments must meet in order to require female employees to work at night.
• Similarly, Himachal Pradesh, Odisha, Andhra Pradesh, and Uttar Pradesh have recently outlined conditions for granting exemptions to factories from the application of Section 66(1)(b) of the Factories Act, 1948.
• Ensuring workplace diversity cannot be achieved without providing equal opportunities to all individuals.
• Legal provisions that prohibit female employees from working night shifts have been criticized for denying women the same opportunities as their male counterparts.
• According to case law, employers cannot refuse jobs to female workers based on the requirement of night work.
• This aligns with the Madras High Court’s 1999 judgment, which declared Section 66(1)(b) of the Factories Act, 1948, unconstitutional.
• To promote inclusive workplaces, several states continue to issue notifications that permit employers to engage female employees in night shifts.
• These notifications also include various safety and security measures that employers must implement to benefit from the exemption.

Way Forward:

• The Supreme Court, taking suo motu cognizance of the Kolkata case, announced the formation of a national task force on Tuesday to address the safety of doctors and medical professionals.
• Gender violence is a critical issue that demands serious attention in all areas, particularly in the informal sector where large numbers of women are employed.
• The extensive reforms implemented after the 2012 Delhi rape case, including stricter laws and harsher punishments, have proven insufficient.
• According to the National Crime Records Bureau’s (NCRB) 2022 report, the most recent available, 4.45 lakh cases of crimes against women were registered, which equates to nearly 51 FIRs every hour.
• Protocols must be more than just words on paper, as emphasized by Chief Justice of India D.Y. Chandrachud.
• In 2017, while upholding the death penalty for four men convicted in the 2012 Delhi rape case, Justice R. Banumathi highlighted that beyond effective law enforcement, a societal mindset shift and public awareness on gender justice are essential to combating violence against women.

Conclusion:

The “reclaim the night” campaigns led by women after the R.G. Kar Hospital rape in Kolkata and other parts of the country should be seen as wake-up calls for both governments and society to take meaningful action for women’s rights.