Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - India (Ratification: 1950)

The Committee has for many years been noting that section 70(1A) of the Factories Act, 1948, as amended in 1987, prohibits the night work of adolescents under 17 years of age between 7 p.m. and 6 a.m., i.e. for a period of 11 consecutive hours. It asked the Government to indicate the measures taken to bring the Act into conformity with Article 2, paragraph 1, of the Convention, in which the term "night" signifies a period of at least 12 consecutive hours.

The Government states in its report that it takes note of the point made by the Committee and that it is examining the possibility of amending the Act to bring it into harmony with the Convention.

The Committee asks the Government to indicate the measures taken to bring the Factories Act, 1948, into line with Article 2, paragraph 1, of the Convention.

Exceptions: Article 3, paragraph 2, Article 4, paragraph 2, and Article 5. The Committee noted that, under section 70(1A) of the Factory Act, 1948, state governments may vary the prescribed time-limits and authorize exemptions in cases of emergency where the national interest so demands. It asked the Government to indicate the measures taken to bring the legislation into conformity with Article 3, paragraph 2 (referrable to young people of over 15 years in the case of apprenticeships or vocational training in enterprises where work has to be carried on continuously), Article 4, paragraph 2 (referrable to young persons of over 15 years in the case of emergencies which interfere with the normal working of the undertaking) and Article 5 (referrable to children of over 15 years in exceptional circumstances where the public interest demands it) on this point.

In its report the Government states that according to information furnished by the state governments, the provisions relating to variations of the prescribed time-limits and grant of exemptions relating to night work have not been made use of in the case of children.

The Committee asks the Government to indicate the measures taken or contemplated to bring the legislation into conformity with national practice and with the Convention on this point.