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Deccan Herald » National » Detailed Story
Night shift controversy
Slamming the ban
By Vicky Nanjappa, Shivani Mody and Bala Chauhan
When Karnataka Labour Minister Iqbal Ansari mentioned at a May Day function in Bangalore that the State government proposed to ban night shifts for working women as a measure to control crime against them, no one took him seriously. But, with the gazetting of an amendment to the Shops and Establishment Act making employing of women in night shifts punishable the ministers threat has almost become a reality. Only the notification of the amendment remains. Already, there is wide-spread condemnation of the move from various quarters. Deccan Herald presents a cross section of views and angry voices.

The latest amendment to the Karnataka Shops and Establishments Act will adversely affect women working in various sectors, which come under the purview of the Act.  Employing women during the night shift would invite fine, including imprisonment.
Deccan Herald spoke to a cross section of people for their reactions.

Film industry
Prem, actor, producer: Such a ban would increase curbs on women. In the film industry there is absolutely no problem of women working in night shifts since there is adequate security for them. The government ought to ensure that the same is done in other areas of work and stop enacting legislations which in the long run would affect the women.
Bhavana, actress: In the film industry there is no problem for women working in night shifts. The security is good and since we always work in groups, there is no question of any kind of physical danger. In other industries, the government should ensure proper security. The fact is that women are not safe in the night in any part of the world.
Ajay Gowda, producer: It is a surprising move. It seems that they have left out some industries for the sake of convenience. Ours is a democratic set up and the choice of working at any time should be left to an individual.

Hospitality
Lemuel Herbert, general manager, The Park: It is biased and discriminatory. We speak of equal rights, equal opportunities but then churn out such laws. Rather than having such laws we can look at providing a safe environment for women. The hotel provides adequate security to employees working in the night shift.
Mohan Kumar, general manager, Taj West End: The law is certainly not just. It neutralises the progress, liberalisation, equal opportunities, careers and progress of women. Women play a major role in the services sector and the law will hamper government strategies and plans of growth. The need is to ensure safety measures rather than these kind of laws.
Krishnashantha Kumar, general manager, Hotel Ivory Towers: This law is regressive. We have about nine women employees working in the night shift, which ends around 10 30 pm. They are dropped home by known car drivers. We even provide them security guards if there’s a need. I personally believe no working woman was consulted while making of the law.
Preeti, PR Corporate Communications, The Park: I have the choice to refuse a job, if I do not want to work late nights. The freedom to work should be at my disposal. There should be no laws binding me in my work place, instead safety measures during late nights should be enforced strictly.

Fashion
Prasad Bidappa, style guru: Its unfair as too many women are working in this sector. At home also, women should not be allowed to work after 8 pm.
Mir Mustafa Hussain, model: We are aiming to be a city like Singapore where there’s no gender bias. Such a ban will give a bad name to the City.
Pashmina Barker, model: The law is ridiculous. Women abroad work even as bartenders. It’s the government’s job to ensure security for the people.

Media
Nagamani S Rao, former journalist & asst news editor, AIR: I started my career in 1958 as a sub editor in a local daily. Later I joined the All India Radio as the assistant news editor. During the Emergency, we had the hourly news bulletin and we worked till late night. During the 70’s, women journalists fought for equal footing with men because they were not allowed to do night shifts. They were treated as secondary employees. We have come a long way. The decision to work at whatever time should be left to an individual. The State should provide protection.
Rohit Barker, radio jockey: It is completely a breach of equality and constitutional rights. As per the constitution we are protected. Even if women want to go home at 3 am, the state needs to protect them. We are moving 100 steps backward with such laws.

Politics
D B Chandre Gowda, Former Law Minister: This enactment barring women from night shift is completely foolish in a competitive society. It is the fundamental duty of any government to protect the life and property of its citizens and by trying to impose a ban, the government is shirking its responsibility. We cannot keep 50 per cent of the population out of development activities just because the government is incapable of offering them protection.
Motamma, former minister: It is a welcome Act, it will help women balance their work life with family life. The Act is a good safeguard.
M C Nanaiah, former Law minister: The Act cannot stand legal scrutiny. They have to clearly identify which sectors come under the ban. It also raises economic questions. There are women who work round the clock. It will affect their financial status.
Instead of a blanket ban, government should give a warning to establishments that if they don’t provide security to women working in night shifts, their licenses would be cancelled. If the government has come out with the Act because of the Pratibha murder case, then I would term it as a knee-jerk reaction. They should study the implications of the ban. Why should they spare the IT/BT sector? Do they have security in place?
Rani Satish, president of the Karnataka Pradesh Mahila Congress Committee: With this law, the coalition government has proved that it is against freedom for women. It shows the immaturity of the minister concerned. Can you ask women IAS and IPS officers to stop work after 8 pm? It is against the interest of women employees. The state government should withdraw it immediately.

Legal
M C Narasimhan,  senior counsel and expert on labour law: The immediate danger faced by the women would be lack of employment and termination. Women may lose jobs and an employer would be forced to take only men where night shifts are involved. The amendment also runs contrary to the Factories Act, which is a Central enactment. 
Further, journalists and other employed in newspapers do not come under the purview of the State Act as they are governed by the Factories Act and the Working Journalists Act.
Since the Factories Act exempts newspapers, the question of banning night shifts for journalists does not arise.
Donna Fernandes, founder, Vimochana: Government found an easy way out by banning women from working during the night shift. This is not a solution. It in fact attacks the right to livelihood. If job opportunities are taken away from women, will government take the responsibility of starvation deaths? We will challenge the Act in the court along with State Women’s Commission and other organisations and get the Act quashed.
Manjula Devi, senior advocate: Though the amendment clouts Article 21 and 14 of the Constitution, I think the government has gone ahead with it to maintain the Indian culture where women play more than one role. Flexible timings or late night shifts do affect family life. Government should have tried to provide special provisions for women and children under Article 15 (3) of the Constitution.
Ali Khwaja, behavioural scientist: What about the self-employed women? They don’t have any employers and they work at odd hours. What will be their fate?

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