The Congress’ opposition to the Factories Amendment Bill relaxing the bar on employing women in factories for night shifts between 7 pm and 6 am is severely problematic. The Congress has cited security concerns, pointing out the “number of rape cases, and steady increase in atrocities, sexual harassment, assault against women” to justify its stance. Besides being discriminatory towards women seeking employment, it betrays a defensive and a patriarchal approach to sexual harassment and assault that tantamounts to keeping women at home to protect them from sexual predators. Night or day, it is the responsibility of the State to ensure the safety and security of all citizens. By extension, this responsibility also devolves on employers for all workers on their rolls. The Left parties too, prodded by their trade unions, have opposed night shifts, but their’s has been an unwavering position. Despite the renewed public discourse on gender justice and violence against women after the December 16 gang-rape incident, it is unfortunate that parties which claim to be politically progressive outfits in the Indian polity have not evolved a broader understanding of the issues involved.

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The Congress stance is also a classic example of dishonesty. While in power, the Congress made repeated attempts to amend this provision (Section 66(1)(b) in the Factories Act, 1948). In 2007, the Cabinet even cleared an amendment allowing night shifts provided employers ensure “occupational safety and health, equal opportunity for woman workers, adequate protection of their dignity, honour and safety and their transportation from the factory premises to the nearest point of their residence”. The amendment bill was prompted by the Madras and Kerala high courts striking down Section 66(1)(b) as unconstitutional but it lapsed after the Congress failed to muster support. Such opportunistic attempts to block the BJP’s legislative and reforms agenda only serve to rob the Congress of all credibility. By worrying about women’s security rather than demanding strong safeguards in the amendment that help to create secure and just workplaces for women, the Congress is helping neither itself nor women. Such lip-service paid to women’s security to score political points will not go unnoticed either.

The fear that women are unsafe at night endures. In reality, most surveys among Indian women suggest they are victims of prying eyes and explicit sexual harassment at all times of the day: at home, work or on roads. Many states like Madhya Pradesh and Tamil Nadu have already allowed night shifts. On paper, they have framed strong rules that mandates employers to report all incidents of sexual harassment, act against offenders, protect victims from further harassment, and form internal complaints committee with majority representation for women. An Assocham survey conducted for the National Commission for Women reveals that women employees on night shift in the manufacturing sector were more insecure and reported poor commuting facilities than those in the services sector. While 45 per cent employees in leather industry and 34 per cent in textile industry reported feeling insecure at work, the corresponding figures were 8 per cent for BPO employees and 14 per cent for hospital nurses. However, 95 per cent of the employers surveyed claimed they ran safe workplaces. This gulf in perception necessitates a strong inspection mechanism to assess facilities and address the concerns of night employees. This is where the self-certification model advocated by the Modi government to end “inspector raj” can run into problems.