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As labour unions across the country protest the new labour codes notified for implementation by the Union government, the Tamil Nadu government’s proposal to amend the Tamil Nadu Factories Rules, 1950, has come under the scanner for a lack of women’s safety in hazardous industries.
The Tamil Nadu government issued a notification on October 1, proposing amendments to the Tamil Nadu Factories Rules,1950, which now allow women to work in 20 operations classified as “dangerous” that were previously off-limits to them. Additionally, women will also be permitted to take up night shifts on a consensual basis.
The operations now open to women include electrolytic processes, glass production, lead production and processing, gas production, petroleum production, lime processing, hide processing, graphite powder production, cashew nut processing, firecracker and match manufacturing, chemical work, and activities involving dangerous pesticides and high noise levels. Only pregnant women and young children will be barred from engaging in such operations going forward.
While the draft facilitates the inclusion of women in dangerous work and night shifts, it has very little to no mention of ensuring their safety. The only aspect noted in the draft is that at least 10 or one-third of the staff during night shifts should be women.
But what happens when this requirement is not met, and does the presence of a few other women ensure safety?
Why amend the Rules now?
It was on November 21 that the Union Ministry of Labour and Employment notified four new labour codes for implementation-– the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020. This remodelling encompasses and absorbs the existing 29 apex labour laws.
While the Union government claims that these are necessary reforms to the outdated post-colonial laws, unions and workers have been opposing them, citing reduced freedom for workers and a decline in job security and bargaining power.
The new labour codes also state that women will now also be allowed to work in all establishments, including hazardous industries, from which they were previously barred. Additionally, women can also take part in night shifts in all establishments.
It was to incorporate these changes that the Tamil Nadu government proposed amendments to the Tamil Nadu Factories Rules, 1950. But members of various trade unions condemned the amendments, citing that laws like these work against women. Several of them say that proposed changes, like a 12-hour work shift from the previously stated 8-hour shift, would only benefit employers.
Counterproductive to women’s safety?
Tamil Nadu has long been a pioneer of gender inclusivity in the manufacturing sector, accounting for about 40% of India's total female workforce.
Citing that employment in hazardous industries would cause serious distress to women’s mental and physical well-being and raise safety concerns, Vasumathi, member of the Working Women’s Committee, Centre for Indian Trade Unions (CITU), said, “This is not a progressive step in favour of working women, but rather a harmful one that would leave these women in further distress.”
On October 30, CITU submitted a petition opposing the draft amendments at the Chennai district collector’s office.
Manimegalai, the North Chennai convenor of CITU, along with other members, added that this move by the state government is “not right” and they must not change existing laws that restrict and protect women from doing such jobs, as there is no need for it.
Gopi Kumar, state secretary of CITU, said that the trade unions were not consulted before these changes were introduced.
Union members have also raised concerns about women’s health, pointing to issues such as fertility problems, complications during childbirth, mental burnout, and cancer. They argue that women in this field experience these health challenges far more severely than men.
With trade unions opposing the draft amendments, there have already been incidents where women have been injured and lost their lives owing to a lack of safety.
Sujata Mody, president of Pen Thozhilalar Sangam affiliated to New Trade Union Initiative (NTUI), pointed out that generally, women are recruited because they would be subservient and accept lower wages; hence, women who are doing hazardous jobs would be the poorest of the poor in society.
“Laws are passed but not implemented, and no one ensures that their benefits reach these women. Thus, after this amendment is made, who will ensure their safety?” asked Sujata.
One of the key concerns raised is that a woman’s role doesn't just end at the factory or their workplace; they still inevitably needs to play the role of a homemaker. Consequently, unions and activists urge the government to weigh this in while passing such laws that would further exploit women.
Is restriction the way forward?
In contrast to what the other trade unions said, Vasuki, central committee member of the Communist Party of India(Marxist) and vice president of All India Democratic Women’s Association, said that asking for women not to be allowed to work in certain industries is not the way forward.
“In principle, we can take a stand saying women shouldn’t be employed in these hours and industries, but in reality, they will go, so the right demand would be to ensure women’s safety when they go for night work.” She also said that due to the compulsion of reality, women are forced to take up these jobs even if they aren't permitted to; hence, it is the state’s responsibility to ensure their safety.
Justice K Chandru said that earlier, protective laws were introduced to safeguard women, but now some unions argue that such measures are limiting their employment opportunities. “But in the larger context, who is going to check the health of women and the fact that women would be doubly exploited in the role of a homemaker as well?” he asked.