Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - India (Ratification: 1950)

The Committee notes the information supplied by the Government in its report.

The Committee also takes note of the comments made by the National Front of Indian Trade Unions (NFITU). It notes in particular the information that, in the industrial undertakings in both the private and public sectors which are governed by the Factories Act, the Mines Act, the Plantations Act or similar legislation, the inspectorate supervises implementation of the national legislation on night work of young persons. In the informal or unorganized sector, however, young persons working at night do not enjoy the same safeguards. Furthermore, most of the population of India live in rural areas where the workers are not organized and are obviously not protected. In its comments the NFITU states that, in practice, deviations from the principles laid down in the Convention are widespread, particularly in the following sectors: tea plantations, fisheries and domestic work.

The Committee hopes that the Government will send its comments on the observations made by the NFITU. It urges the Government to take all necessary measures effectively to prohibit the night work of children in the abovementioned sectors and in any other sector facing the same problem. It also asks the Government to take all necessary steps to ensure that inspection in the informal sector is as diligent as in industries covered by the legislation, to ensure that the Convention is applied in all sectors of activity.

Article 2, paragraphs 1 and 2, of the Convention.  In the comments it has been making for many years, the Committee has noted that section 70(1A) of the Factories Act, 1948, as amended in 1987, prohibits the night work of adolescents under 17 years of age between 7 p.m. and 6 a.m., i.e. for a period of 11 consecutive hours. The Committee recalls that in Article 2, paragraph 1, of the Convention the term "night" signifies a period of at least 12 consecutive hours. The Committee trusts that the Government will take the necessary steps to bring the law into conformity with the Convention on this point.

Article 3, paragraph 2, Article 4, paragraph 2, and Article 5.  In its previous comments the Committee also noted that under section 70(1A) of the Factories Act, 1948, state governments may vary the prescribed time limits and authorize exemptions in case of emergency where the national interest so demands. The Committee trusts that the Government will take the necessary measures to bring the legislation into line with Article 3, paragraph 2 (concerning children over the age of 15 years in the case of apprenticeships or vocational training in enterprises where work has to be carried on continuously), Article 4, paragraph 2 (concerning young persons over 15 years of age in the case of emergencies which interfere with the normal working of the undertaking), and Article 5 (concerning children over 15 years of age in exceptional circumstances where the public interest demands it) on this point.

In its report the Government states that it takes note of the points made by the Committee. It also mentions that the Factories Act is currently being revised and that the proposals for amendment are ready for approval by the competent authorities. The Committee notes that the Government undertakes to inform the Office of any progress achieved in this respect in its next report. It hopes that the Government will make every effort, therefore, to bring the national legislation into harmony with the Convention.