RIGHTS OF WOMEN UNDER MINES ACT

Mining has been an integral industry of our country for a long time. Statistically 80% of
mining produced is being used by many public and private sector companies, so it was
necessary to have a law in order to curb illegal and haphazard that happened in the depth of
mines1. In 1952, the central government of India promulgated a statue known as The Mines
Act. It was basically enacted to enforce the welfare for the labours, enforce measures of
safety of every person who worked in a mine. This Act has special rules mainly made for
women only in order to keep their safety in check. Women have been given the right to work
in the mining grounds only after the contractor of the mining grounds shall have a written
consent from the working woman that she is willing to work in the mining ground or quarry,
and she shall be provided with facilities and the safety measures will take while she is on
duty in the mines.

Currently the kind of employment that women have in the world of mining is:

4% of the entire labour force comprises women only in the mining sector of India. Most of
these women entered the world of mining due to child labour caused by poverty,
indebtedness, family pressure, or any kind of conventional compulsions. Also, in some of the
quarrying/mining communities, groups of women have been working with their families for a
very long time now. Out of 4% of women in the mining business, only 1% of these women
have permanent/formal employment agreements from the mining companies, rest 3% of
women have been working in the unorganised sectors or mining on illegal grounds. This
happens because the privatisation and mechanisation of the companies have led women to
take up mining jobs for menial pay so they can get through their daily life needs with these
wages. And the numbers of women working in the mining areas have been increasing by the
day. And most of these women lack the skills of technical mining and have no education, and
they get involved in hazardous mining work without having the proper care for their health.
With the survey conducted, most women are found working in small quarries, small scale
mines, and contractual work in mines of a large scale industries, and mostly many of these
don't even know who their contractor is, and they don't know if they are working legitimately

1
http://www.minesandcommunities.org/article.php?a=858
or illegitimately. Some of the mine let women work in night shift but as per the Mines Act of
1952, women are not permitted to work underground in the mines after 7 PM.2
The mines act of 1952, says that women cannot be employed in any part of a mine which is
below or above the ground, they can only be employed during the hours of 6 AM and 7 PM,
and they can work only above the ground.  Every woman employee who works any kind of
mines or quarry, they must be granted an interval of eleven hours or more after the job, in
order to have smooth working on the mining grounds.

The recent amendments have changed the lives of women in the mining areas immensely.
The central government of India has also made it clear that the mines must maintain its
standards of room and extend the amenities provided in the mines so women can have a
smooth employment and work without deducing her integrity.
Also, the government has issued an order that the sanitation of latrines and urinal has to be
made separately for both men and women and standard sanitation has to be maintained.
Previously, section 46 of the Mines Act, 1952, the owners of mining grounds were allowed to
send working women inside the ongoing mining ground, only between 6 AM and 7PM, but
recently, the government exempted women from this rule and exercised that power under
section 83 of Mines Act. 3

Situation of working women wages:

Women who work in the mining industries, are often mustered with less pay roll, and don't
receive their money’s worth while they work on the mining grounds according to the
minimum wages Act, 1948. And when women are held back due to small delay in reporting
of work, their wages are cut immensely, and are often paid less than men. Many women don’t
have the liberty to get maternity leaves.

Working conditions of women mine workers:

The working condition was hazardous in nature as they had to work with their bare hands and
feet, and they have no protective gears to wear when they work. The sexual abuse and verbal
2
https://www.scconline.com/blog/post/2019/02/04/labour-employment-ministry-notifies-rules-to-allow-
employment-of-women-in-mines/
3
https://www.iasparliament.com/current-affairs/participation-of-women-mining-sector
abuse by the male workers to women who work there has been an issue since dawn and the
contractors’ don’t speak against it too. And normally the mines which are in India, do not
consist of toilets, washing areas, water facilities for drinking, nor any shelter for women. And
the lookout for small infants in the mines are non-existent, women have to work while they
work in the mines. And the trade unions explicitly for women’s rights are very few for the
mine sites. Section 46(3) in The Mines Act, 1952 says that the central government of India
may anytime bring out an official gazette which would consist of the hours of employment
which is in respect to women working above or below the ground. However, the law clearly
depicts that no woman is allowed to work on or in the mining grounds between the hours of
10PM and 5AM.4

Health problems and hazards of women mine workers:

The mines act of 1952 clearly says that both men and women must be given safety measures
and gears in order to save them from most of the hazardous medical issues that could be
caused in the mines. Most of the health hazards for women who work in the mining grounds
are constantly exposed to the mining dust and noise pollution, and many women succumb to
the mining accidents and also expose their offspring which is also very hazardous. Due to
such health issues, women also suffer from extreme stress and their mental health is affected
very seriously which affects their overall health.

Thus, the recent amendment to allow women to work in the mining sector bodes will curb
gender disparity and boost equal opportunities for women in the long run.

https://www.researchgate.net/publication/264541576_Women_Mine_Workers'_in_India_A_Handbook_for_D
efenders_of_Mine_Workers'_Rights