A Critical Study Of Women And Child Labour Under The Factories Act, 1948: Ensuring Occupational Safety And Health (OSH)

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Priya. P, The Tamil Nadu Dr. Ambedkar Law University (School of Excellence in Law)

ABSTRACT

Women workers form an essential part of the labour workforce in India. But not all the women workers are recognized, not many are protected, and very few of them are treated equally to men. And children who are the future pillars of our society, stillengaged in hazardous employments.

Women and children constitute a significant yet vulnerable segment of India’s industrial workforce, facing unsafe working conditions, exploitation, and inadequate legal protection. While women workers contribute extensively to economic growth, they often encounter discrimination, unequal treatment, and occupational health risks. Similarly, despite legislative prohibitions, children continue to be engaged in hazardous employment, depriving them of their right to education and exposing them to serious health and safety hazards. The Factories Act, 1948, was introduced as a key labor law to regulate working conditions, working hours, maternity benefits, and occupational safety for women and child workers. However, gaps in enforcement, inadequate monitoring mechanisms, and emerging industrial hazards have hindered its effectiveness. The researcher critically examines the efficacy of the Factories Act, 1948, in ensuring occupational safety and health (OSH) protections for these vulnerable groups. It further evaluates the recent labor reforms under the OSH Code, 2020, analyzing their impact on workplace safety and regulatory compliance. In addition, the study explores the role of international labor standards, particularly ILO conventions, in shaping India’s labor policies and highlights the significance of judicial interpretations in strengthening labor protections. By bridging the gap between policy and practice, this study advocates for sustainable and gender-sensitive workplace reforms that safeguard the health, dignity, and rights of women and child workers in India’s industrial sector. Strengthening legal protections and ensuring effective enforcement mechanisms will be crucial in promoting safe and inclusive working environments that align with international labor standards.

Keywords: Women workers, Child Labour, Factories Act, 1948, Occupational Safety and Health (OSH) Code

A CRITICAL STUDY OF WOMEN AND CHILD LABOUR UNDER THE FACTORIES ACT, 1948- ENSURING OCCUPAT.

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