Access to proper sanitation remains one of the most pressing issues for working women. Despite the growing number of women in the workforce, the availability of adequate toilet facilities remains insufficient. It is even troubling, considering that we have had The Factories Act in existence for several years.
Just a few months ago, women employed at Amazon’s Manesar warehouse reported the lack of restrooms within the premises. Amazon is the same multinational company with a market capitalisation of over $2 trillion. Even then, the company cannot manage to provide a basic restroom for its employees.
In India’s textile and garment industry, which employs 45 million workers, 60-75% of the workers are women. However, many factories in this industry lack even the most basic amenities, with sanitation conditions being particularly inadequate and dehumanising.
Having access to a clean bathroom should be a basic expectation for the women who work long hours in these factories. Yet, many workplaces fail to provide even the most basic facilities, such as toilets and clean water.
What is particularly troubling is that The Factories Act, 1948, clearly mandates that every factory must maintain an adequate number of separate lavatories and urinals for male and female workers. So, why are Indian factories still pretending this law doesn’t exist? To make matters worse, many women employees remain unaware of the protections and benefits the Factories Act offers for their health, safety, and well-being at work.
The Factories Act, 1948: Protecting workers’ rights and well-being
The Factories Act of 1948 establishes safety standards for workers in Indian factories, covering industries such as textiles, clothing, and footwear. Initially, the Factories Act of 1881 focused on protecting children and providing basic health and safety measures for all workers.
The 1948 Act revised and combined existing regulations to improve working conditions. In 2016, the government introduced the Factories (Amendment) Bill to make additional changes to the Act. While the Act has seen several updates over the years, it has consistently prioritised the rights of women workers in factories.
The problem lies in poor implementation of the Act, cost-saving practices within industries, and a general lack of awareness about workers’ rights. As a result, factories operate without meeting even the most basic health and safety requirements, neglecting the very protections that The Factories Act aims to provide.
Health and safety standards for working women under the Factories Act, 1948
The Factories Act 1948 has set up important measures to ensure proper sanitation for workers in every factory:
- Sufficient Latrine and Urinal Access: Factories must provide enough latrines and urinal facilities that are conveniently located and accessible at all times. Furthermore, the State Government can determine the number of toilets and urinals based on the ratio of male and female workers. It can set additional sanitation requirements to protect workers’ health.
- Separate Facilities: Factories must offer separate enclosed accommodations for male and female workers.
- Adequate Lighting and Ventilation: All restroom facilities must have proper lighting and ventilation. Latrines and urinals cannot connect directly to workrooms unless a written exemption exists from the Chief Inspector.
- Clean and Sanitary Conditions: Factories must maintain all facilities in a clean and sanitary state at all times.
- Dedicated Cleaning Staff: Factories must employ sweepers whose primary responsibility is keeping lavatories, urinals, and washing areas clean.
Additional requirements
For factories employing more than 250 workers, additional requirements include:
- Sanitary Standards: All latrine and urinal facilities must meet prescribed sanitary standards.
- Polished Surfaces: Floors and internal walls of latrines and urinals must have smooth, polished surfaces, such as glazed tiles, up to a height of 90 centimetres.
- Regular Cleaning: Factories must thoroughly wash and clean the facilities at least once every seven days using appropriate detergents or disinfectants.
The Factories Act: Exclusive provisions to protect women workers
Historically, women have had fewer rights in the workplace, such as restrictions on the type of work they can do, their work hours, and access to better working conditions. To address these issues, the Factories Act, 1948, includes special provisions to protect women workers.
Separate facilities
Factories must provide separate washing and bathing areas, toilets, and canteens for women. These amenities should prioritise the comfort and privacy of female employees.
Shift timings
Employers cannot change a woman worker’s shift without giving at least 24 hours’ notice, except after a weekly holiday or other public holidays. This ensures that workers have adequate time to adjust to any changes in their schedules.
Prohibition of hazardous work
Women employees cannot operate high-risk machines, such as cotton presses, or lift excessive loads. In many instances, the dry cotton bales nearby have caught on fire, causing fire-related accidents and burns.
Childcare facilities
Employers who hire 30 or more women workers must provide childcare facilities for their children aged six years and under.
Working hours
Women workers can only work between 6 a.m. and 7 p.m. The State Governments may modify these hours, but no woman can work between 10 p.m. and 5 a.m.
Excessive weights
Section 34 of the Act grants state governments the authority to establish rules regarding the maximum weight limits that women, men, and young workers can lift in factories. No one can be employed or required to move or lift a weight that could potentially cause harm or injury. These provisions aim to promote the safety and well-being of all workers, particularly women, in heavy-lifting factory settings.
The final thoughts: Workplace rights matter
Women make up a considerable part of the Indian workforce, yet many still struggle to find jobs or face poor working conditions. One big reason for this is the mismatch between what women can do and the job opportunities available to them. Safety is another primary concern.
Even before the pandemic, job opportunities for women were slim, with many factories just not hiring them at all. And if they do manage to get a job, the workplaces often disregard the laws and rights designed to protect women employees. This leaves the workers in biased situations, working in environments that neglect their safety and contributions.
Making the workplace safer and more supportive can encourage more women to step into the job market. By understanding and following labour laws, employers can create a positive workplace that values gender equality and diversity.
Disclaimer: The views expressed in this article are based on the writer’s insights, supported by data and resources available both online and offline, as applicable. Changeincontent.com is committed to promoting inclusivity across all forms of content, which we broadly define as media, policies, law, and history—encompassing all elements that influence the lives of women and gender-queer individuals. Our goal is to promote understanding and advocate for comprehensive inclusivity.
