JOIN USKerala HC scraps 'male only' job notification that cited night shift
The Kerala High Court has scrapped a job notification of a state government undertaking that barred women on the grounds that the job involved night shifts.
Twenty-five-year old Treasa Josefine, an engineering graduate in Safety and Fire Engineering hailing from Kollam district in Kerala, has fought a successful legal battle against gender discrimination, which may benefit many women who have been denied jobs on similar grounds.
The Kerala Minerals and Metals Limited, a public sector undertaking of the Kerala government, in Kollam district had invited applications to the post of Safety Officer in 2020 October. The notification stated that only male candidates need apply. Section 66(1)(b) of Factories Act - 1948 was cited as the reason.
The said provision states that no woman shall be required or allowed to work in any factory except between 6 am and 7 pm.
Citing several earlier judgments in cases of similar nature, Justice Anu Sivaraman maintained that restricting a qualified woman from a job on the basis of gender amounted to a violation of Articles 14, 15 and 16 of the Constitution. Provisions in Section 66(1)(b) is that of a protective nature. Such protective provisions cannot stand in the way of a woman being considered for employment for which she is otherwise eligible, the court observed.
Josefine, who also holds a PG diploma in industrial safety and heavy vehicle driving licence, told DH that she was delighted to be a part of the change and she hoped the HC order would encourage and motivate other women in future.
Advocate P R Milton, who appeared for Josefine said that many women in the country might get the benefit of this court order. Josefine had already submitted her application to this job, he said.
Meanwhile, the government in August last year approved a draft ordinance for amending the Factories Act to enable women to work in night shifts and was sent for the President's approval.
The court observed that the Factories Act - 1948 was enacted at a time when requiring a woman to work in an establishment of any nature, more so in a factory, during nights could only be seen as exploitative and violative of her rights. The court also observed that the world had moved forward and women who were relegated to the roles of homemakers during those times when the enactment had been framed had taken up much more demanding roles in society as well as in economic spheres. "We have reached a stage where the contributions made by women in the spheres of economic development cannot be ignored by any industry. Women are being engaged to work during all hours in several industries including health care, aviation and IT. Women have been engaged in several professions requiring round the clock labour and have proved themselves quite capable of facing the challenges of such engagement," the court observed.