The Hindu : AIDWA spells out stand on proposed amendment to Factory Act

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Wednesday, Nov 12, 2003

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AIDWA spells out stand on proposed amendment to Factory Act

By Our Staff Correspondent

NEW DELHI Nov. 11. The All-India Democratic Women's Association (AIDWA) has written to the chairman of the Parliamentary Standing Committee for the Labour Ministry spelling out its stand on the proposed amendment to the Factory Act to permit night work for women, which at present, is disallowed. It also specific made proposals.

"We agree that it is necessary to standardise the conditions for night work for women but in doing so it must be ensured that the interests and concerns of women workers remain central to the proposed amendment," the Association said. The amendment was inadequate and unsatisfactory, and would do injustice to women workers if adopted in its present form.

Pointing out that the proposed amendment made it mandatory for a woman worker to accept night work, the Association said in many cases it might not be possible for a woman worker to do the night shift. "In a patriarchal society like ours, a woman worker is often forced to do a double duty shift having to shoulder the major burden of household also. Thus, she should be allowed to decline night work without being victimised for it," the letter said. The employer must make arrangements for a crèche where night workers may bring their children if they wanted to.

On security, the amendment was "vague and completely unsatisfactory", the letter said. The words "dignity and honour" not legally defined must be replaced with the words "sexual harassment" and the onus for providing security against sexual harassment of any kind as defined in the Supreme Court's Vishakha judgment should be on the employer, the AIDWA general secretary, Brinda Karat, has said.

Drawing attention to the fact that according to the amendment transport arrangements would be made to the "nearest point of residence", Ms. Karat said this was acceptable only if the shift was from 10 p.m. to 6 a.m. "If the shift is over at midnight or any time during the night, then clearly the woman worker will have to be dropped not at the nearest point but directly at her residence."

Pointing out that the amendment made no provision for awarding of penalty against an erring employer, it said this was essential given the generally poor record of employers as far as implementation of labour laws were concerned, particularly those concerning women. "We, therefore suggest including the penalty for non-implementation of the conditions for night work in the appropriate section," it said and requested that it be called to depose before the Committee.

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