EMPLOYMENT OF WOMEN &

CHILDREN :
With Respect to The Factory Act,1948

S‘O’A National Institute of Law

Siksha ‘O’ Anusandhan Deemed to be University, BBSR
 INTRODUCTION

• Women in our country face certain discrimination in the workplace. There

was a time where women were not allowed to do certain jobs but that was
later amended and now women can do any job they choose to do.
• Even though there are laws against discrimination women still face
discrimination sometimes, especially in work which is usually seen as a
men’s job such as working in factories or mines.
• “Child” as defined by the Child Labour (Prohibition and Regulation) Act,
1986 is a person who has not completed the age of fourteen years. A child of
such tender age, is expected to play, study and be carefree about his life. 
• Children, by will or by force are employed to work in the harsh conditions
and atmosphere which becomes a threat to their life.
 Health and safety provisions for women provided under the Factories
Act,1948

• As stated in Article 15 of Constitution of India, there will be no discrimination based on gender in anything. Yet
some women face discrimination while working in factories. Though the Factories Act, 1948 does provide for many
provisions related to women and women’s health, safety, well-being, and benefits, it still is lacking in certain areas.

Provisions in Factory Act, 1948:

Section 19: Latrines and urinals-

• It mandates that every factory must have enough latrine and urinal accommodations, for both men and women
which should be accessible to all the workers at all times.
• No person can be barred from using them at any time and the employer must maintain adequate cleanliness and
sanitation in the latrines and urinals at all times.
• Women, in particular, should not have any problem. This section aims to keep women and men healthy at all times.
Section 22: Work on or near machinery in motion -
• It deals that the lubrication of machinery and/or adjustment of any machinery or any part of it, while it is in
motion, will not be done by any woman or a young person. This Section exists to prevent any dangerous injury to
any woman or child.
Section 34: Excessive weights -
• It gives certain powers to the concerned State Government to make rules regarding the maximum weight limit
which would be lifted by women, men, and younger people in the factories.
• It is clearly given that no one can be employed or asked to move or lift a weight that may cause them harm or
injury.
Section 27: Prohibition of employment of women and children near cotton-openers
• It prohibits any women in employment to be employed in any part of a factory for pressing cotton or in which a
cotton opener is used.
• This is done to keep the women healthy as there is a high risk of the cotton bales generating flames.  In many
instances, the dry cotton bales nearby have caught on fire and have caused fire-related accidents and burns to the
people in the immediate vicinity. Women are not allowed in the process so as to prevent burn-related injuries.  
• Though women can be employed in other parts of cotton factories that are not hazardous to health such as cloth-
making, weaving, cotton cleaning, dyeing, etc.
 Laws related to child labour in India

• The Factories Act of 1948: The Act prohibits the employment of children below the age of 14
years in any factory. The law also placed rules on who, when and how long can pre-adults aged
15–18 years be employed in any factory.
• The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age in
a mine. Mining being one of the most dangerous occuptions, which in the past has led to many
major accidents taking life of children is completely banned for them.
• The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the
employment of children below the age of 14 years in hazardous occupations identified in a list
by the law. The list was expanded in 2006, and again in 2008.
• The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime,
punishable with a prison term, for anyone to procure or employ a child in any hazardous
employment or in bondage. This act provides punishment to those who act in contravention to
the previous acts by employing children to work.
•  The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free
and compulsory education to all children aged 6 to 14 years. This legislation also mandated that
25 percent of seats in every private school must be allocated for children from disadvantaged
groups and physically challenged children.
 Continued..

• International Labour Organisation (ILO) defines the term child labour as, “work that deprives

children of their childhood, their potential and their dignity, and that is harmful to physical and mental
development.
It refers to work that is mentally, physically, socially or morally dangerous and harmful to children, or
work whose schedule interferes with their ability to attend regular school, or work that affects in any
manner their ability to focus during school or experience a healthy childhood.”
• UNICEF defines child labour differently. A child, suggests UNICEF, is involved in child labour
activities if between 5 to 11 years of age, he or she did at least one hour of economic activity or at least
28 hours of domestic work in a week, and in case of children between 12 to 14 years of age, he or she
did at least 14 hours of economic activity or at least 42 hours of economic activity and domestic work
per week.
UNICEF in another report suggests, “Children’s work needs to be seen as happening along a continuum,
with destructive or exploitative work at one end and beneficial work – promoting or enhancing
children’s development without interfering with their schooling, recreation and rest – at the other. And
between these two poles are vast areas of work that need not negatively affect a child’s development.”
 CASE LAWS:

Vasantha R. vs Union Of India And Ors. (AIR 2000)

• The statutory provision itself while conferring powers to State Government to frame rules to
exempt the women working in the fish-curing, fish canning factories from Section 66(1)(b) of
the Factories Act, it has restricted the powers of the Government to exempt women working in
other factories from the purview of Section 66(2), which is discriminatory.
• It is decided that, “the freedom which women have achieved so far and strive to achieve
carries with it equal responsibilities. If they live up to their responsibilities, their equality is
not only a matter of absolute justice, but is also capable of great benefits to the human race
and of all their responsibilities; yet it has to be impressed that the chief is to maintain a sound
and healthy family life in the land which alone would keep the Indian flag flying high. To this
chief responsibilities, all other interests must be sub-ordinated.”
• “It is of the very nature of a free society to advance in its standards of what is deemed
reasonable and right. Representing as it does a living principle, due process is not confined
within a permanent catalogue of what may at a given time be deemed the limits or the
essentials of fundamental rights”.