Report on Legislative Amendments Concerning Women’s Night Shift Employment in Delhi and Alignment with Sustainable Development Goals

Introduction

The Delhi government has approved significant amendments to the Delhi Shops and Establishments Act, 1954, to permit women to work night shifts. This policy reform is a strategic initiative aimed at advancing key United Nations Sustainable Development Goals (SDGs), particularly SDG 5 (Gender Equality) and SDG 8 (Decent Work and Economic Growth). The proposal, which seeks to enhance female workforce participation and foster a 24×7 economic environment, is pending final approval from the Lieutenant Governor.

Legislative Reforms to Advance Gender Equality (SDG 5)

Dismantling Discriminatory Barriers

The amendment directly targets sections 14, 15, and 16 of the 1954 Act, which previously imposed restrictions on women working during night hours (9 pm to 7 am in summers and 8 pm to 8 am in winters). The removal of these provisions is a critical step towards eliminating discriminatory labour practices and achieving Target 5.1 of the SDGs, which calls for an end to all forms of discrimination against all women and girls everywhere. By lifting these restrictions, the government aims to provide women with equal opportunities in sectors requiring round-the-clock operations.

Fostering Decent Work and Economic Growth (SDG 8)

Economic Empowerment and Urban Development

This legislative change is designed to stimulate economic activity and support the objective of full and productive employment and decent work for all, as outlined in SDG 8. Key outcomes associated with this goal include:

• Increased Female Labour Force Participation: Enabling night work unlocks new employment avenues for women, directly contributing to their economic independence and empowerment.
• Enhanced Business Competitiveness: The policy supports Delhi’s transformation into a 24×7 business hub, boosting productivity and economic growth.
• Formalisation of Labour: The amendment ensures that women employed for night shifts receive full statutory benefits, promoting formal and secure employment.

Comprehensive Framework for Safety and Dignity

Ensuring Safe and Inclusive Work Environments (SDG 5 & SDG 11)

A central component of the amendment is the implementation of stringent safety protocols, which aligns with SDG 5.2 (eliminate all forms of violence against all women and girls) and SDG 11 (make cities and human settlements inclusive, safe, resilient and sustainable). Employers are mandated to implement the following measures:

1. Obtain explicit written consent from female employees for night shift duties.
2. Provide secure, employer-funded transportation for women working during night hours.
3. Install and maintain comprehensive CCTV surveillance throughout the workplace.
4. Deploy an adequate number of female security personnel.
5. Ensure the provision of safe and gender-sensitive facilities, including separate restrooms and changing rooms.
6. Constitute Internal Complaints Committees (ICC) under the Prevention of Sexual Harassment (POSH) Act to ensure effective grievance redressal.

Upholding Labour Rights and Reducing Inequalities (SDG 8 & SDG 10)

To ensure decent work and reduce inequalities (SDG 10), the amendments guarantee that women working night shifts are entitled to all statutory protections. This commitment to protecting labour rights includes:

• Employees’ State Insurance (ESI)
• Provident Fund (PF)
• Overtime pay as per regulations
• Mandatory weekly offs
• Transparent wage payments through electronic means

Alignment with National and Judicial Precedents

A Progressive National Trend

Delhi’s initiative is consistent with a broader national movement and judicial directives aimed at promoting gender equality in the workplace. Several states, including Haryana, Telangana, and Tamil Nadu, have already amended their respective laws to permit women to work night shifts under strict safety conditions. This trend reflects a national consensus, supported by the Supreme Court of India, that prioritises creating safe work environments over imposing prohibitive restrictions that limit women’s employment opportunities.

Conclusion: Implementation as the Key to Success

The amendment to the Delhi Shops and Establishments Act represents a significant policy advancement that aligns with multiple Sustainable Development Goals. It balances the objectives of economic empowerment for women (SDG 5, SDG 8) with the imperative of ensuring their safety and dignity (SDG 5, SDG 11). The ultimate success of this initiative will depend on the rigorous and consistent enforcement of the mandated safety measures and the effective functioning of grievance redressal mechanisms. Continuous monitoring and stakeholder consultation will be essential to ensure the policy achieves its goal of fostering an inclusive, equitable, and prosperous economic landscape in Delhi.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article on the Delhi government’s amendment to the Delhi Shops and Establishments Act, 1954, directly addresses and connects to several Sustainable Development Goals (SDGs). These goals are centered around gender equality, economic growth, safe working environments, and strong legal institutions.

• SDG 5: Gender Equality

  This is the most prominent SDG in the article. The core issue is the removal of a legal barrier that “restricted women from working between 9 pm and 7 am,” a rule that was discriminatory. The amendment aims to “boost women’s participation in the workforce” and “enhance their economic independence,” directly aligning with the goal of achieving gender equality and empowering all women and girls.

• SDG 8: Decent Work and Economic Growth

  The article highlights the dual goals of stimulating “economic growth through expanded business hours” and ensuring decent work conditions. It mentions that the move will help “harness the full potential of its female workforce.” Furthermore, the emphasis on comprehensive safety measures and ensuring “all statutory benefits, including Employees’ State Insurance (ESI), Provident Fund (PF), overtime payment,” and “electronic wage payments” directly supports the creation of decent work for all.

• SDG 11: Sustainable Cities and Communities

  The initiative is framed as a step to position “Delhi as a thriving 24×7 business hub.” A key component of a sustainable and inclusive city is the safety of its inhabitants. The mandate for employers to provide “secure and reliable transportation during night hours” and create “safe workspaces” contributes to making urban environments safer and more inclusive, particularly for women.

• SDG 16: Peace, Justice and Strong Institutions

  The article discusses a significant legal reform, the “amendments to the Delhi Shops and Establishments Act, 1954,” which removes “outdated restrictions.” This action represents the strengthening of institutions to be more just and non-discriminatory. The article notes that this amendment “aligns with constitutional guarantees promoting gender equality and labour rights” and involves the establishment of “Internal Complaints Committees (ICC)” for grievance redressal, which are mechanisms for ensuring access to justice.

2. What specific targets under those SDGs can be identified based on the article’s content?

Based on the article’s discussion of legal reforms, economic empowerment, and safety measures, several specific SDG targets can be identified.

1. SDG 5: Gender Equality

   • Target 5.1: End all forms of discrimination against all women and girls everywhere. The article directly addresses this by focusing on amending a law that “restricted women from working” during night shifts, which is a form of legal and economic discrimination based on gender.
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life. The policy’s stated aim to “boost women’s participation in the workforce” and remove barriers to their employment in sectors requiring round-the-clock operations is a clear effort to increase their participation in economic life.
   • Target 5.c: Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality. The “landmark move” to formally approve amendments to the Act is a direct example of adopting and strengthening policies and legislation to promote gender equality.

2. SDG 8: Decent Work and Economic Growth

   • Target 8.5: By 2030, achieve full and productive employment and decent work for all women and men… and equal pay for equal value. The policy aims to expand employment opportunities for women. The provision of statutory benefits like ESI, PF, overtime, and transparent wage payments contributes to the “decent work” aspect of this target.
   • Target 8.8: Protect labour rights and promote safe and secure working environments for all workers, in particular women… This target is central to the article. The government’s emphasis on “comprehensive safety measures” such as mandatory secure transport, CCTV surveillance, female security personnel, and the constitution of ICCs directly addresses the need for a safe and secure working environment for women.

3. SDG 11: Sustainable Cities and Communities

   • Target 11.2: By 2030, provide access to safe, affordable, accessible and sustainable transport systems for all… with special attention to the needs of… women. The requirement for employers to provide “secure and reliable transportation during night hours to and from workplaces” is a specific measure that aligns with this target.

4. SDG 16: Peace, Justice and Strong Institutions

   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. The entire initiative is about replacing a discriminatory law with a non-discriminatory policy that enables women’s economic participation while ensuring their safety, which is a clear example of this target in action.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

The article mentions or implies several indicators that can be used to track the implementation and success of the new policy, thereby measuring progress towards the identified SDG targets.

1. Indicators for SDG 5 & 8

   • Existence of a non-discriminatory legal framework: The primary indicator is the formal amendment of the “Delhi Shops and Establishments Act, 1954.” The successful passage and implementation of this amendment is a direct measure of progress against Target 5.1 and 16.b.
   • Women’s participation rate in the workforce: The article aims to “boost women’s participation in the workforce.” An increase in the number or percentage of women employed in night shifts across various sectors in Delhi would be a key indicator of success.
   • Number of establishments compliant with safety protocols: Progress can be measured by tracking the number of shops and establishments that have implemented the required safety measures, such as installing “24/7 CCTV surveillance,” deploying “female security personnel,” and providing “secure and reliable transportation.”
   • Number and functioning of Internal Complaints Committees (ICC): The article mandates the constitution of ICCs. An indicator would be the proportion of eligible establishments that have an active ICC to “promptly address grievances,” as mentioned. The number of cases reported and resolved would also be a relevant metric.
   • Compliance with statutory benefits: Progress towards decent work (Target 8.5) can be measured by monitoring the percentage of women night-shift workers receiving their full statutory benefits, including “ESI, Provident Fund (PF), overtime payment,” and “electronic wage payments.”

2. Indicators for SDG 11

   • Availability of employer-provided secure transport: A direct indicator for Target 11.2 would be the percentage of women working night shifts who are provided with “secure and reliable transportation” by their employers.

3. Indicators for SDG 16

   • Grievance redressal rate: The article emphasizes “transparency in grievance redressal.” An indicator would be the rate at which grievances filed by women workers with the ICCs are addressed and resolved, measuring the effectiveness of these justice mechanisms.

4. Table of SDGs, Targets, and Indicators

Source: thelogicalindian.com