Delhi clears way for women to work night shifts, promises safety net

Hindustan Times

30-07-2025

In a city that sleeps in patches but works round the clock, Delhi is finally preparing to let its women work through the night — legally and safely. In a landmark decision to boost women's workforce participation, the Delhi government on Tuesday approved changes to the law that will allow women to work night shifts in shops and commercial establishments for the first time since 1954. Chief minister Rekha Gupta said this policy will play a pivotal role in establishing Delhi as a 24x7 business hub and underscores the government's commitment to women's empowerment and economic independence. (Hindustan Times)
To make this possible, the government has proposed a stringent safety framework: compulsory transportation, comprehensive CCTV surveillance, and deployment of female security personnel, among other measures. The move comes with legal safeguards, such as mandatory consent from employees and protection against dismissal for refusal to work nights.
Last year, the Supreme Court, too, categorically rejected blanket restrictions on women working night shifts, instead emphasising the state's responsibility to ensure their safety.
'This policy will play a pivotal role in establishing Delhi as a 24x7 business hub and underscores the government's commitment to women's empowerment and economic independence,' said chief minister Rekha Gupta, adding that the proposal will now be sent to the lieutenant governor for approval.
The decision mirrors similar policy shifts in states such as Tamil Nadu, Madhya Pradesh, Telangana, and Haryana, where women are permitted to work night shifts under regulated conditions. Delhi's move is part of a broader push for governance and labour reform, aimed at improving the city's 'ease of doing business' metrics.
Currently, Sections 14, 15, and 16 of the Delhi Shops and Establishments Act, 1954, prohibit women from working between 9pm and 7am during summers, and 8pm and 8am in winters. The amendments will remove these restrictions and allow women to legally work at night across retail outlets, salons, showrooms, call centres, consultancy firms, IT companies, and other commercial establishments governed by the Act.
Officials said women can be assigned night shifts only with written consent, and that employers must comply with a set of mandatory safety and welfare provisions. These include secure transport, female guards, CCTV monitoring, adequate lighting around boarding points, clean restrooms and lockers, and the formation of Internal Complaints Committees under the POSH Act.
Wages will have to be credited electronically, and employers must ensure all statutory entitlements — such as employees' state insurance (ESI), provident fund (PF), bonuses, weekly offs, and overtime pay — are met without exception.
Kalpana Viswanath, co-founder and CEO of Safetipin, said the policy would be meaningful only if the infrastructure is strictly developed. 'The move is welcome, but there must be strict monitoring of safety compliance — not just at workplaces, but during transit. Pick-up and drop points must be well-lit and secure,' she said.
Senior advocate Madhavi Divan welcomed the proposed changes, calling the existing restrictions 'paternalistic and patriarchal'. 'Laws that prevent women from working night shifts — on the grounds that it's unsafe — end up curbing their career choices, financial independence, and status in society,' she said. 'This move signals the government's willingness to take responsibility and create safe environments rather than exclude women.'
In a suo motu hearing on the RG Kar Medical College case in 2024, the top court pulled up the West Bengal government for its advisory barring women doctors from night duty, stating that such restrictions were unconstitutional. Former chief justice DY Chandrachud had remarked, 'It is your responsibility to provide security; you cannot restrict women from working at night. Pilots, army personnel, and others work during the nighttime hours…'
Officials said the Shops and Establishments Act governs a wide range of workplaces — from retail shops and salons to banking institutions and back-end offices. The revised policy is expected to expand employment options for women, particularly in service-oriented sectors such as IT, BPOs, and hospitality, where night operations are routine.
'This decision will not only make Delhi a more business-friendly city, but also reflect a shift in how we view gender equity in the workplace,' Gupta said.
While the amendment still requires the lieutenant governor's approval, officials said preliminary discussions had already taken place. Once notified, establishments seeking to employ women in night shifts will need to submit undertakings of compliance and may be subject to inspections.
'The real test will be in execution,' said Viswanath. 'Without accountability, women will remain vulnerable. But with the right support system, this could be a powerful moment of change.'