The Delhi government took a historic decision and approved an amendment to the law to allow women to work at night in shops and commercial establishments. This is the first time since 1954 that night work will become legal and safe for women in Delhi.
Safety first, work later
The Delhi government has established strict safety rules to implement this change. These include safe transportation for women, extensive CCTV surveillance at workplaces and mandatory deployment of women security guards. Additionally, legal provisions such as dismissal for working in night shifts without the consent of employees will also be implemented.
Supreme Court's support
Last year, the Supreme Court rejected the stringent restrictions imposed on women working in night shifts, making it clear that the government's responsibility is to ensure safety, not to deprive women of work. Former Chief Justice D.Y. Chandrachud cited examples and said that if pilots, soldiers and other professionals work at night, then why should women be prevented from doing so?
Working conditions and facilities
Women will have to provide their written consent to work in night shifts. Employers are mandated to follow safety standards, including safe transportation, female guards, CCTV, well-lit pick-up and drop points, clean restrooms, lockers and formation of internal complaint committees under the POSH Act. Additionally, salaries will be paid electronically and employees will be provided all statutory benefits such as ESI, PF, bonus, weekly leave and overtime.
Goodbye to old rules
Currently, Sections 14, 15 and 16 of the Delhi Shops and Establishments Act, 1954 prohibit women from working between 9 pm and 7 am in summers and 8 pm to 8 am in winters. The recently proposed amendments will eliminate these restrictions, allowing women to work at night in retail stores, salons, showrooms, call centres, IT companies and other commercial establishments.
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