THE GIST of Editorial for UPSC Exams : 25 December 2019 (New rules, old problems (The Hindu))

New rules, old problems (The Hindu)

Mains Paper 2: Polity
Prelims level: Factories Act
Mains level: Social Justice

Context:

• On November 20, the Karnataka government issued a notification allowing women to work night shifts (7 p.m. to 6 a.m.) in all factories registered under the Factories Act, 1948.

Provisions of this act:

• States that already allow this are Haryana, Rajasthan, Punjab, Andhra Pradesh, Madhya Pradesh, and Maharashtra.
• In line with the Night Work Convention, 1990 of the International Labour Organization, these States amended the Factories Act to remove both sex-based discrimination in night work and restrictions on the fundamental right to practise any profession, occupation, trade, or business of one’s choice.
• This move has to be read alongside the State’s attempt to improve ease of doing business, investor friendliness, and flexibility in a macroeconomic climate vis-a-vis increasing female work participation rate, which is only 25% in India.
• The industrial bodies and chambers of commerce have said it will benefit the trade and manufacturing sectors, especially the garment industry.

Many concerns

• The amendment suggests that night shifts for women will only be allowed if the employer ensures adequate safeguards concerning occupational safety and health, protection of dignity and honour, and transportation from the factory premises to points nearest to the worker’s residence.
• The amendment stipulates 24 points related to occupational rules and regulations, most of which have been in existence for years.
• The women workers fear that when there is no safety or dignity in the workplace even during daytime, how will employers ensure all this during night shifts?
• Workers remain pessimistic as they are still not given the promised minimum wage.
• They are puzzled that the night shift amendment does not address the issue of pay structure for night work (overtime in the garment sector is only an extension of regular work time with questions on extra payment rarely entertained).

Limitations:

• Though the amendment places the onus on employers to prevent sexual harassment, workers say existing mechanisms aimed at addressing workplace violence, including abuse of workers’ rights and verbal abuse, which are primarily driven by unrealistic production targets, are simply absent or dysfunctional.
• Workers also express scepticism about strengthening the role of inspectors in factories, as past experience shows improperly conducted inspections or negligence towards grave violations. The reality is that workers face the threat of losing their jobs if they report such violations.
• Also, while the amendment has prioritised installation of CCTV cameras, workers point out that there is no guarantee of their operational status, or clarity on who handles the footage.
• The amendment has also failed to address child care, an important concern in a women-dominated sector, especially when paid care is beyond their means.
• Other promises such as 12 consecutive hours of rest between the last shift and the night shift, separate canteens, and more rest rooms also appear unconvincing in a context where even rest room breaks are infrequent due to high production targets.

Conclusion:

• Moreover, it is well-known that in supply chains the brands call the shots. Involving them in discussions on worker dignity and equality is important.
• Omitting workers and trade unions from discussions about the amendment is also seen by the workers as a short-sighted measure.
• Women garment workers are concerned that while the amendment has stipulated many ‘new’ guidelines amidst the plethora of unaddressed concerns, allowing night shifts would only extend daytime exploitation.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1) With reference to the International Migrants Day 2019, consider the following statements:
1. It is annually held on December 18 to recognize the efforts, contributions, and rights of migrants worldwide.
2. It is celebrated through the UN-related agency International Organization for Migration (UN Migration).

Which of the statements given above are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) None of the above

Ans: C
Mains Questions:
Q.1) Women are being allowed to work night shifts in factories in Karnataka even as their concerns about daytime work persist. Elucidate the statement in regarding to addressing their problems.