Bruhaspati Samal
General Secretary
Confederation of Central Govt Employees and Workers
Odisha State CoC, Bhubaneswar
In a move that has stirred both praise and apprehension, the Government of Odisha has amended the Factories Act through the Odisha Factories (Amendment) Rules, 2025, officially notified in the Extraordinary Gazette on 28 July 2025. This amendment permits registered factories in the state to employ women during night hours—between 7:00 PM and 6:00 AM—subject to a framework of mandatory safety measures and consent protocols. While the amendment aims to align with evolving labour practices and the progressive elements of the yet-to-be-notified central Labour Codes, it has also reignited a nationwide debate over the nature and direction of such reforms.
The amended rules provide that women can be engaged in night shifts only upon providing written consent. Employers must ensure secure transport, proper lighting in and around the workplace, the presence of female security personnel, and adherence to anti-sexual harassment (POSH) regulations. The entire process must be documented through a self-certification mechanism submitted online. These changes echo similar amendments already adopted by 32 other states and union territories, most of whom have tailored their respective laws to match the envisioned national labour reforms.
The government’s stated intent is to empower women by opening up more employment opportunities in the industrial and manufacturing sectors, particularly in roles that demand 24×7 operational capacity. Women working night shifts may benefit from increased earning potential, including overtime and shift allowances. The reform is also seen as a step toward equality, challenging traditional notions that restrict women’s physical and professional mobility. With increased access to supervisory and technical roles, especially in manufacturing hubs, the amendment could pave the way for greater gender parity in factory-based employment.
However, labour experts and trade unions remain skeptical of this apparent progress. Central Trade Unions such as CITU and AITUC have strongly opposed such state-level initiatives, branding them as precursors to the contentious Labour Codes that have been passed by Parliament but remain un-notified due to mass opposition across India. They argue that these changes are being pushed unilaterally by state governments under the influence of a larger ‘ease of doing business’ agenda that privileges employers at the cost of workers’ protections.
One of the central concerns is that the clause requiring a woman’s written consent to work night shifts may be exploited under conditions of economic desperation and poor job availability. In regions with high unemployment, workers may find themselves coerced into ‘volunteering’ for such shifts to retain their jobs. Critics also warn that enforcement of the prescribed safety norms remains weak. Odisha’s factory inspection regime is stretched thin, and in the absence of real-time monitoring and grievance redressal, the safeguards might remain confined to paperwork.
Medical and social researchers have also raised red flags. Numerous studies correlate night shift work with significant health risks for women, including disrupted circadian rhythms, sleep deprivation, increased cardiovascular strain, digestive disorders, and reproductive complications such as low birth weight or early delivery. Added to this are the often invisible burdens of domestic responsibility that Indian women continue to shoulder. For many, working through the night and managing a household by day creates a vicious cycle of exhaustion and emotional strain. This dual burden undercuts any notional financial gain from night work.
What further complicates the issue is the broader political and legislative context. Odisha’s move is not isolated but part of a coordinated effort among states to align with the four Labour Codes introduced by the Centre in 2020. These codes—on wages, social security, industrial relations, and occupational safety—were presented as historic simplifications of complex and archaic labour laws. Yet, the trade union movement has consistently criticized them for eroding collective bargaining rights, weakening protections against arbitrary dismissal, and diluting safety regulations. In this light, Odisha’s rule change is viewed not merely as a reform for gender equity, but as a testing ground for deeper, and possibly more controversial, labour reforms.
Proponents of the change argue that denying women the right to work night shifts is itself discriminatory. They maintain that with adequate safeguards, such employment can be a route to independence and empowerment. But detractors caution that laws on paper are not enough. Implementation remains the linchpin. Without rigorous inspections, complaint mechanisms, and responsive enforcement, women workers could find themselves more vulnerable than empowered.
In conclusion, the Odisha Factories (Amendment) Rules, 2025, mark a significant shift in how gender and labour are being redefined in India’s industrial policy. It brings to the fore a complex interplay of empowerment, economic necessity, institutional weakness, and ideological contestation. Whether this move will ultimately expand women’s agency or expose them to fresh forms of exploitation depends not just on the law itself, but on the structures of accountability that surround it. At a time when the nation is grappling with the unfinished project of labour reform, Odisha’s initiative throws light on the promises—and the perils—that lie ahead.
(The writer is a Service Union Representative and a Columnist. Mobile: 9437022669)
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