In a landmark move towards gender equality and economic development, the Delhi government has formally approved amendments to the Delhi Shops and Establishments Act, 1954, to legally permit women to work night shifts in shops and commercial establishments across the city.
The change, initiated by Chief Minister Rekha Gupta, aims to boost women’s participation in the workforce, enhance their economic independence, and position Delhi as a thriving 24×7 business hub. The proposal now awaits the Lieutenant Governor VK Saxena’s final approval.
Removing Legal Barriers
For decades, sections 14, 15, and 16 of the Delhi Shops and Establishments Act restricted women from working between 9 pm and 7 am during summers and 8 pm and 8 am during winters. This prohibition effectively barred women from participating in night shifts, limiting their employment opportunities in sectors that increasingly require round-the-clock operations.
The new amendment seeks to remove these outdated restrictions. By enabling women to work night shifts legally, Delhi intends to harness the full potential of its female workforce and stimulate economic growth through expanded business hours.
Comprehensive Safety Measures at the Core
While enabling night work is a breakthrough, the government’s emphasis on women’s safety remains paramount. The amendments require employers to implement multiple safety protocols to ensure women workers are protected and treated with dignity. These include:
- Obtaining written consent from women before assigning night shifts.
- Providing secure and reliable transportation during night hours to and from workplaces.
- Installing comprehensive 24/7 CCTV surveillance in workplaces.
- Deploying adequate female security personnel to guard shops and establishments.
- Ensuring the availability of women-friendly facilities such as separate restrooms, lockers, and safe workspaces.
- Constituting Internal Complaints Committees (ICC) as mandated by the Prevention of Sexual Harassment (POSH) Act to promptly address grievances.
Additionally, women working night shifts will be entitled to all statutory benefits, including Employees’ State Insurance (ESI), Provident Fund (PF), overtime payment, weekly offs, and electronic wage payments to promote transparency and accountability.
Building on National and Judicial Precedents
Delhi joins an increasing number of states including Haryana, Telangana, Madhya Pradesh, and Tamil Nadu that have already adapted legislation to enable women night shift workers under strict safety safeguards. These changes reflect a larger national shift away from blanket restrictions that limit women’s employment options.
The Supreme Court of India has consistently opposed blanket prohibitions on women working night shifts, urging states to create environments that prioritise safety rather than restrict opportunity. The Delhi government’s amendment therefore aligns with constitutional guarantees promoting gender equality and labour rights, while also responding to industry demands for expanded operational hours to boost business competitiveness.
The Logical Indian’s Perspective
This decisive policy amendment by the Delhi government embodies progress – balancing the aspiration for women’s economic empowerment with the necessity of safeguarding their safety and dignity.
Granting legal permission for night work with strong safety frameworks is essential to unlocking opportunities for countless women, fostering their independence and contributing to Delhi’s evolving economic landscape.
However, the true measure of success will be rigorous enforcement of these safeguards, transparency in grievance redressal, and inclusive consultation with women workers to continuously adapt to challenges encountered on the ground. Beyond policy, a societal culture that respects and supports women at all hours is indispensable.
