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Madras HC strikes down law against women working night shifts

In a significant order, the Madras high court has struck down as 'unconstitutional' a section in the Factories Act 1948 that prohibits industrial establishments from putting women on the night shift.

Justice E Padmanabhan gave the ruling while allowing a batch of over 100 petitions from women and some factories, challenging the validity of section 6(1)(b) of the act.

Contending that women cannot be excluded from being put on a night shift when they are employed in the same factory in the day shift, the petitioners said denial of employment on the grounds of sex was violative of Article 15 of the Constitution, discriminatory and unconstitutional.

The women petitioners contended that even though some managements were prepared to provide facilities like food, dormitory and transport to enable them to work on the night shift, the section prevented them from working between 7pm and 6am.

Stating that the restriction imposed was not an affirmative action, the judge rejected a government contention that the right forum to raise the issue was the legislature or Parliament.

He held that the legislature had not taken appropriate steps to resolve the issue even though there had been a number of representations from women.

PTI

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