Beyond Daylight State-Level Reforms Enabling Night Shift Work for Women under the Factories Act
Across states, the move to liberalize Section 66(1)(b) of the Factories Act reflects a major policy shift to empower women and enhance their participation in industrial growth.
India’s manufacturing sector has long been governed by the Factories Act, 1948 (“Factories Act”), a central legislation regulating occupational safety, health, and working conditions in manufacturing establishments. Among its provisions, Section 66(1)(b) historically prohibited the employment of women in factories between 7:00 pm and 6:00 am, reflecting the prevailing concerns around safety and social norms at the time of enactment. There are similar prohibitions for non-manufacturing entities regulated under the state specific Shops and Establishment Acts. We have in the July 2025 edition of the Zoom-In discussed the targeted relaxations given to women working in shops and commercial establishments.
As India has evolved into a significant global manufacturing and industrial hub, the need to enable women’s participation in all shifts, including night shifts, in the manufacturing sector has gained prominence. Such participation is critical not only for ensuring gender equality but also for meeting the operational requirements of export-driven and 24×7 manufacturing units, such as electronics, textiles, pharmaceuticals, etc.
The judiciary also played a proactive role in modernizing the restrictive framework under the Factories Act. In 2000, the Madras High Court in Vasantha R v Union of India (2001) IILLJ 843 MAD, held Section 66(1)(b) as violative of Articles 15(1), 14 and 19(1)(g) of the Constitution. The Court in this case framed guidelines for employing women in night shifts.
This was followed by the decision of the High Court of (the then united) Andhra Pradesh in Triveni K.S. and Ors. vs Union of India and Ors. 2002 (5) ALT 223 which also struck down the provision as unconstitutional.
Several states subsequently have issued amendments to Section 66 of the Factories Act or have exercised their powers to issue notifications under their respective rule-making authority (often framed under Section 112 of the Factories Act), thereby permitting the employment of women in night shifts on the shopfloor, subject to strict safety, welfare, and consent-based conditions.
Some key states where such amendments / relaxations were undertaken are as follows:
|
State |
Notification |
Date |
|---|---|---|
|
Andhra Pradesh |
Circular in light of High Court of Andhra Pradesh High Court decision |
25 October 2022 |
|
Bihar |
Notification under Section 112 (only permits women to work till 10:00 PM) |
6 June 2025 |
|
Haryana |
Notification under Section 112 |
27 March 2025 |
|
Himachal Pradesh |
Circular referring to Madras High Court decision |
12 August 2022 |
|
Gujarat |
Factories (Gujarat Amendment) Ordinance, 2025 |
1 July 2025 |
|
Karnataka |
Factories (Karnataka Amendment) Act, 2023 |
2023 |
|
Kerala |
Notification under Section 112 |
27 March 2025 |
|
Maharashtra |
Factories (Maharashtra Amendment) Act, 2015 |
2 December 2015 |
|
Tamil Nadu |
Guidelines under Rule 84-B |
3 April 2017 |
|
Telangana |
Factories (Telangana Amendment) Act, 2023 |
2023 |
|
Uttar Pradesh |
State notification |
27 May 2022 |
The requirements typically include obtaining written consent from each woman worker for engaging them in night shift; providing safe, free, and secure transport with GPS and CCTV (along with female security guards); ensuring adequate workplace lighting, sanitation, and separate restrooms; preventing and addressing sexual harassment through internal complaints’ committees in line with the POSH Act, 2013; ensuring group deployment rather than lone shifts; maintaining confidentiality of personal data; conducting background checks on drivers; providing proper rest intervals and no shift changes without weekly offs; and allowing women to opt out freely without adverse consequences.
Conclusion:
Across states, the move to liberalize Section 66(1)(b) of the Factories Act reflects a major policy shift to empower women and enhance their participation in industrial growth. While ensuring operational flexibility for factories, these changes are carefully balanced with mandatory safety and welfare safeguards to uphold women’s dignity and security. As India continues to deepen its industrial footprint globally, such progressive reforms play a crucial role in creating an inclusive, equitable, and competitive workforce.
These notifications and amendments mark a progressive step towards gender inclusive industrial growth by enabling women to work in night shifts while simultaneously ensuring their personal safety, welfare, health and grievance redressal measures. The yet to be implemented Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code, 2020”) which consolidates and replaces various central labour laws, including the Factories Act also permits deployment of women between 7:00 PM and 6:00 AM subject to conditions that the appropriate government may specify.
Disclaimer – The views expressed in this article are the personal views of the authors and are purely informative in nature.