Identify the women-specific provisions under ‘The Factories Act, 1948.’
Women-Specific Provisions under ‘The Factories Act, 1948’: A Comprehensive Analysis
Introduction:
The Factories Act, 1948, is a key piece of legislation in India that governs the working conditions in factories. While the Act addresses various aspects related to occupational safety, health, and welfare of workers, it also contains specific provisions catering to the unique needs and concerns of women workers. This comprehensive analysis explores the women-specific provisions under ‘The Factories Act, 1948,’ shedding light on the protective measures in place to ensure a safe and conducive working environment for women in the industrial sector.
Historical Context:
Enacted in 1948, ‘The Factories Act’ marked a significant milestone in industrial legislation in India. It aimed to regulate the conditions of labor and employment in factories, ensuring the welfare of workers. Over the years, amendments have been made to the Act to address emerging issues and align with evolving societal norms, including those related to gender equality and women’s rights.
Key Women-Specific Provisions:
1. Working Hours (Section 51):
The Act recognizes the physical and physiological differences between men and women and sets limits on the working hours for women. According to Section 51, no woman shall be required or allowed to work in a factory for more than nine hours in a day or 48 hours in any week. This provision ensures that women workers are not subjected to excessive working hours, prioritizing their health and well-being.
2. Spread Over (Section 54):
Section 54 stipulates that the periods of work for women should be fixed to include at least one or more rest intervals, which should not be less than half an hour in aggregate. This provision acknowledges the need for periodic breaks to prevent fatigue and ensures that women have adequate time for rest and recuperation during their working hours.
3. Night Shifts (Section 66):
While the Act does not explicitly prohibit women from working during the night, it places certain conditions and safeguards under Section 66. If a woman is employed in a factory during night hours, the employer must ensure her safety by providing adequate transportation to and from the workplace, along with other facilities such as security. These measures are in place to mitigate the potential risks associated with night shifts for women.
4. Overtime (Section 59):
Section 59 addresses the issue of overtime work for women. No woman worker should be required or allowed to work overtime, except in certain circumstances where it is deemed necessary for the continuity of the manufacturing process. In such cases, the employer must ensure that the woman worker is provided with appropriate safeguards and facilities to maintain her health and well-being.
5. Weekly Holidays (Section 52):
Every woman worker is entitled to one or more rest days in a week under Section 52. The Act emphasizes the importance of weekly holidays for women, providing them with necessary time for rest, leisure, and personal commitments. This provision aims to strike a balance between work and personal life, recognizing the specific needs of women employees.
6. Creche Facilities (Section 48):
Recognizing the challenges faced by working mothers, Section 48 of the Act mandates the provision of creche facilities in factories employing 30 or more women workers. The creche should be situated within a prescribed distance from the factory premises, ensuring that women with infants have access to a safe and suitable environment for childcare while at work.
7. Maternity Benefits (Section 54, 55, and 56):
‘The Factories Act, 1948’ incorporates provisions related to maternity benefits for women workers. Section 54 grants women workers entitled to maternity benefits the right to two nursing breaks in the course of her daily work until her child attains the age of 15 months. Additionally, Section 55 outlines the entitlement to maternity leave, stating that no pregnant woman shall be permitted to work in a factory during the six weeks immediately following the day of her delivery. Section 56 ensures that women availing maternity leave receive their wages during the period of absence.
8. Prohibition of Employment of Certain Women (Section 66):
Section 66 prohibits the employment of women in certain hazardous processes, safeguarding them from exposure to potentially harmful or dangerous conditions. This provision reflects a proactive approach to protecting women workers from occupational hazards that could adversely affect their health and well-being.
9. Notice of Certain Accidents (Section 88-A):
In case of certain accidents resulting in bodily injury or death, Section 88-A mandates the employer to send a notice to the nearest medical practitioner and the Certifying Surgeon. This provision is crucial for ensuring prompt medical attention to women workers who may be involved in accidents, underscoring the importance of timely and effective healthcare in such situations.
Challenges and Opportunities for Improvement:
While ‘The Factories Act, 1948,’ incorporates several women-specific provisions, there are still challenges and opportunities for further improvement: