In India, Laws Meant to Protect Women May Be Costing Them Jobs

After the brutal rape and murder of a 31-year-old postgraduate trainee doctor during a night shift at Kolkata’s R.G. Kar Medical College on August 9, 2024, the Indian Medical Association (IMA) conducted a nationwide survey—and the results were alarming. One-third of doctors, mostly women, reported feeling unsafe at night, with some carrying weapons for protection. The survey exposed glaring security failures: dimly lit corridors, weak surveillance, untrained guards, and unrestricted access to hospital premises. In response, the West Bengal government took a drastic step—removing women doctors from night shifts altogether.

While the doctor's death raised serious questions about the safety of female workers during night shifts, women’s rights advocates warn that the government’s response has further restricted women's access to economic and professional opportunities. 

Then-Chief Justice of India, Dhananjaya Yeshwant Chandrachud, criticized the West Bengal government's directive, saying, “[women] don’t want a concession; women are ready to work in the same shift,” emphasizing that the solution to creating a safer hospital lies in strengthening security measures rather than restricting women from night shifts. He urged the state to amend the notification, stressing that ensuring safety is the government's responsibility.

However, today, state-run hospitals require that female health professionals on night duty be escorted within the premises and provided with secure transport. Multiple women should be scheduled together, and hospital areas must have proper lighting, especially those used by female staff. Private hospitals follow state-specific labor laws for women working night shifts. Some states permit night shifts with conditions like obtaining written consent, providing safe transport, and ensuring workplace safety, though enforcement and consistency vary.

India has a long history of restricting women’s participation in certain workforces and shift schedules. A 2022 State of Discrimination Report launched by the New Delhi-based Trayas Foundation reveals that women in Kerala, Tamil Nadu, and Goa have more freedom to work night shifts. However, national laws like the Plantation Labour Act of 1951 and the Factories Act continue to restrict women across industries from working between 7 pm and 6 am, with limited exceptions. While the Contract Labour Act of 1970 and the Inter-State Migrant Workmen Act of 1979 give states control over women’s work conditions, only Gujarat and Kerala allow female migrant workers to work night shifts. Exceptions to these restrictions are typically made for roles like nurses and midwives.

“Even when women are permitted to work at night, laws impose restrictive conditions,” Gayathri Vasudevan, Founder of the Sambhav Foundation, which advocates for better labor policies across India, told More to Her Story. “These requirements make it challenging for employers to operate night shifts with women, ultimately limiting their job opportunities.” Vasudevan believes restrictions on women's employment were originally introduced with a paternalistic focus on their safety, and the laws persist due to the government's reluctance to take risks.

While government hospitals have implemented safety measures for female medical staff — including escorts, secure transportation, and improved lighting — advocates warn these policies may discourage employers across industries from hiring women altogether. Currently, 24 states restrict women's roles in factories, with at least five prohibiting night shifts across industries under the 1948 Factories Act and state labor laws. Though some states have eased regulations, others impose barriers like female worker quotas and strict security requirements. Women's rights activists argue these restrictions not only reflect safety concerns but also reinforce outdated stereotypes and limit economic opportunities for women.

A 2024 study by AON, a professional services firm, surveyed 24,000 women from over 560 private companies and highlighted the struggles of working mothers in India’s corporate sector. The findings show that 75 percent faced career setbacks one to two years after maternity leave, 40 percent reported salary reductions, and many were reassigned to less desirable roles.

“Women should have the choice to work night shifts, and if they do, employers must ensure their safety, protection from sexual harassment, proper restroom facilities, and doorstep-to-doorstep transportation,” said Ramapriya Gopalakrishnan, an advocate from the Chennai high court. Gopalakrishnan believes that night shift workplaces should be well-lit and employ women — not less — to ensure a safer environment. Experts say addressing this issue requires increased public awareness and proactive risk mitigation. Instead of imposing costly and complex regulations on employers, state governments can mandate safety measures like CCTV surveillance and GPS-enabled transport.

According to Runa Sarkar, a professor at the Indian Institute of Management in Kolkata, denying qualified women opportunities to work is a huge loss. “For a family, the loss is twofold. One is the loss of family income; the other is reducing a woman’s aspirations to work in certain professions, which hurts even more,” said Sarkar.