Author: Sara Mandke
ABSTRACT
The ongoing conflict between workplace safety and the constitutional commitment to equality and freedom of employment is reflected in India’s regulations regarding women’s night shift employment. In contrast to the previous limited approach, the Occupational Safety, Health and Working Conditions Code, 2020 permits women to work at night under certain safety conditions and with their consent. The approach, however, raises questions about the voluntariness of consent, differences in state-level protections, enforcement, and the potential for protective measures to unintentionally perpetuate gender-based stereotypes. In contrast to the UK’s mostly gender-neutral and risk-based approach under the Working Time Regulations 1998, the Equality Act 2010, and occupational health and safety laws, this article critically evaluates India’s regulatory structure. The comparison study emphasises that rather than limiting employment prospects based on gender, the comparative analysis emphasises the significance of controlling real workplace risks. It makes the case that meaningful consent, consistent minimum safety standards, customised risk assessments, stricter enforcement, and increased integration with workplace sexual harassment regulations are all ways to improve India’s system. In order to ensure that women can engage in night shift work safely, willingly, and on an equal basis with other workers, the article ultimately promotes a change from protection by limitation to protection through regulation.
