Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 89) sur le travail de nuit (femmes) (révisée), 1948 - Inde (Ratification: 1950)

Further to its previous comments, the Committee notes the Government's report and the observations by the National Front of Indian Trade Unions (NFITU) and the Centre of Indian Trade Unions (CITU) submitted with the report.

In its previous observations, the Committee has been commenting on the discrepancy between the exemptions to the prohibition of night work of women under section 66 of the Factories Act, 1948, and the requirements under Article 5 of the Convention. It recalls 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.

In reply, the Government states that it is aware that the Factory Act, 1948, is not fully in conformity with Article 5 of the Convention, but that there is no proposal to amend the Factories Act at the moment. The Government refers to the judgements of the High Courts of Bombay and Madras, which restrain the Government from taking any action against employers for permitting any willing woman employee to work in their factories during night hours. The report indicates that the Government is yet to make a final decision as to whether the Convention should be denounced or the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948, should be ratified.

The Committee takes due note of the above information. It also notes that the NFITU points out the absence of implementation of the Convention in the unorganized sector, and that the CITU is opposing the Government's attempt to change the existing legislation which restricts the night work of women. The CITU argues that the reasons for the restriction (such as family responsibilities, health concern and security issues) not only continue to exist but have intensified in the impact, and underlines that the demand for women's night work comes especially in the export processing zones.

The Committee asks the Government to indicate any development in the abovementioned consideration of its position as to this Convention, including its observation on the points raised by the CITU. It also requests the Government in the meantime to continue providing information on the application of the Convention in practice, with particular reference to the unorganized sector mentioned by the NFITU. In addition, the Committee requests the Government to fully consult the employers' and workers' organizations before taking a final decision as to whether the Convention should be denounced or the Protocol should be ratified.