Women barred from night shift in Karnataka

Women barred from night shift in Karnataka
DH News Service, Bangalore:
The Karnataka government has amended the Karnataka Shops and Commercial Establishment Act 1961 which bars women from working during the night and proposes to punish any violations by the employer.

Employing women during the night is now a punishable offence in Karnataka. The State government has amended the Karnataka Shops and Commercial Establishment Act 1961 which bars women from working during the night and proposes to punish any violations by the employer.
The Karnataka Shops and Commercial Establishment Act 2007, was published in the gazette extra-ordinary on April 30 after it received the Governor’s assent.
“We (the labour department) will issue the notification within a fortnight,” Labour Minister Iqbal Ansari told Deccan Herald. Once the Act is implemented, women working in organisations coming under the purview of the State Shops and Commercial Establishment Act, will be barred from working after 8 pm.
According to the minister, the new law simply means that employing women in sectors like private business establishments, offices, print media, hotels and entertainment industry will be a punishable offence amounting to imprisonment.
“Women working in the IT/BT sector have been spared under the Act because the industry had already taken an exemption in 2002. Women working in essential services like hospitals and railways have also been exempted though the amended Act does not specify it in black and white. We will mention the services exempted under the Act, along with the Government Order,” he said. Women in electronic media too have been exempted from the law, as the industry comes under the IT Act, the minister added.

New provision
The new Act has amended Section 30 (3) of the existing 1961 Act whereby Section 24 of the Act under 30 (3) has been substituted by Section 24 and 25 of the Shops and Establishment Act.
Section 30 (3) of the Act which is essentially on penalties, states that whoever contravenes the provisions of Section 24 (Prohibition of employment of children) shall be punished with imprisonment for three to six months or with a fine of Rs 10,000 to Rs 20,000 for first offence and six months to one year for second offence.
The Amended Act now includes Section 25 as per which no “women or young person shall be required to allow to work, whether as an employee or otherwise in any establishment during nights”.The amended Act states that under the old Act though employing women during the night was a violation it was not made punishable under its Section 30 (3). But now by virtue of the amendment if any employer employs a woman or a young person during the night, he will be liable for punishment. “It’s against Article 21 in the Constitution which guarantees the Fundamental Right to Life. Not even Parliament can pass legislation that is against the Constitution,” reacted the State Women’s Commission chairperson Pramila Nesargi. “The Constitution guarantees equal status and no discrimination based on gender. We will challenge the amendment in the court,” she said, adding that the move is to “take back employment opportunities from women”. “Earlier, when such a law was to be brought under Section 66 of the Factories Act, it was quashed by the court,” she said. “Under the new Act, even young persons between the age of 14 and 18 years cannot be employed during the night, which is ridiculous,” she said.

EVES OUT

Sectors covered
Private business establishments, print media, offices, hotels and
entertainment industry
Exempted sectors
IT, BT, essential services like hospitals and
railways and electronic media