Abstract
The regulation of employment of women and children is a crucial element of labour welfare legislation in India, aimed at ensuring social justice, equality, and human dignity in the workplace. Industrialization led to the large-scale employment of women and children, often under unsafe and exploitative conditions. To address these concerns, Indian labour laws, particularly the Factories Act, 1948, the Maternity Benefit Act, 1961, and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, provide a comprehensive framework to safeguard their rights and well-being. For women, the law prescribes limitations on working hours, prohibits night work, and restricts employment in hazardous processes. It also ensures maternity protection, welfare facilities, and equal opportunities in accordance with constitutional guarantees under Articles 14, 15, and 16. For children, the law strictly prohibits the employment of those below fourteen years of age and regulates the working conditions of adolescents between fifteen and eighteen years through medical fitness certification and restricted working hours. These protective measures align with India’s obligations under international instruments such as the ILO Conventions No. 138 and 182 and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Judicial pronouncements have further strengthened these rights, reinforcing that economic growth must not compromise human values. The regulation of women and child employment thus reflects India’s commitment to balancing industrial progress with constitutional ideals of social welfare, equality, and human dignity.
Key Words : Labour Welfare, Women Workers, Child Labour, Industrial Regulation, Maternity Protection, Equality, Occupational Safety, Constitutional Safeguards, Social Justice.
Introduction
Employment laws governing women and children have evolved over time in response to the challenges brought about by industrialization, social reform movements, and the growing recognition of human rights[1]. Historically, women and children were among the most vulnerable sections of the workforce[2]. During the early industrial period, especially in the nineteenth century, both groups were subjected to long working hours, meagre wages, and unsafe working environments in factories, mines, and plantations[3]. Children were often employed in hazardous tasks due to their small size and low cost, while women were exploited as cheap labour in industries such as textiles, agriculture, and domestic service[4]. The inhumane conditions prevalent during the Industrial Revolution drew attention from social reformers, legislators, and human rights advocates. This led to the emergence of protective labour legislation aimed at preventing exploitation and ensuring humane treatment of workers. Internationally, organizations such as the International Labour Organization (ILO) played a crucial role in framing conventions and standards related to women’s and children’s employment, including the prohibition of child labour and the promotion of gender equality at work.
In India, the need to regulate employment conditions became urgent during the colonial period, when industrialization led to the widespread use of cheap labour. Post-independence, the Constitution of India provided a strong foundation for social and economic justice, enshrining the principles of equality, dignity, and protection of labour. Articles 14, 15, 21, 23, and 24 collectively prohibit discrimination, forced labour, and the employment of children in hazardous occupations. Subsequent legislation such as the Factories Act, 1948, the Maternity Benefit Act, 1961, and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 further reinforced these constitutional ideals. These laws aim not only to protect women and children from physical and moral hazards but also to promote their welfare and participation in the workforce under safe and equitable conditions.Thus, the regulation of employment of women and children represents a continuous effort to balance industrial development with social justice, ensuring that economic progress does not come at the cost of human rights and dignity.
[1]International Labour Organization, Introduction to International Labour Standards, ILO.
[2]Mamoria, C.B., Mamoria, S., & Gankar, S.V., Dynamics of Industrial Relations, Himalaya Publishing House
[3]Rodgers, G. et al., The International Labour Organization and the Quest for Social Justice, ILO.
[4]Roy, A., History of Labour Legislation in India, Oxford University Press