Night Work by Women: How Should Special Protective Measures for Women Be Defined
![handle is hein.journals/newenjic9 and id is 420 raw text is: Night Work by Women: How Should Special Protective
Measures for Women be Defined?
Kamala Sankaran'
I. INTRODUCTION
In December 2000, a (state-level) High Court in India
struck down as unconstitutional, a provision of a law that
prohibited women from working at night in factories.2 This
decision comes at a time when the question of whether or not
night work by women should continue to be banned is being
debated in India. The Single Judge of the Madras High
Court ruled that Section 66(l)(b) of the Factories Act 1948
was:
a. in violation of the constitutionally guaranteed
fundamental right to equality enjoyed by women,
b. was discriminatory to women on the sole ground of
sex, and
c. interfered with the fundamental right of the
petitioners to carry out their fundamental right to
practise any profession, or to carry on any
occupation, trade or business.
This paper will argue that there is a need for the
International Labour Organisation (ILO) to adopt a broader
notion of what constitutes special protection for women,
'Reader, Campus Law Centre, Faculty of Law, University of
Delhi, Delhi, India - 110007. Contact: kamalasankaran@hotmail.com.
2 Vasantha R. v. Union of India, 2001 II LLJ 843 (Mad.)
[hereinafter Vasantha]. The case was decided by the Madras High Court.
An appeal from this Court lies to the apex Court, the Supreme Court of
India. Both the Supreme Court and High Courts have the power of
judicial review under the Indian Constitution.
417](ViewImageLocal?handle=hein.journals/newenjic9&div=18&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Night Work by Women: How Should Special Protective Measures for Women Be Defined
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most