Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - India (Ratification: 1950)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2 of the Convention. The Committee noted that, by virtue of section 70(1A) of the Factories Act, 1948, as amended in 1987, the night work of adolescents under the age of 17 years is prohibited between 7 p.m. and 6 a.m.

The Committee pointed out that, in accordance with this Article of the Convention, the term night signifies a period of at least 12 consecutive hours. It hoped that the necessary measures will be taken in the near future to bring the legislation into harmony with the provisions of the Convention on this point.

2. The Committee also noted, from the same section of the Act, that the State Government may vary the prescribed time-limits and grant exemptions in cases of emergency where the national interest demands it.

The Committee pointed out that the Convention only authorizes exemptions under the conditions set out in Articles 3, paragraph 2, 4, paragraph 2, and 5, and that in the cases set out in the latter two Articles the exemptions shall not apply to children below the age of 16 years.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring the legislation into full conformity with the Convention. Please also indicate whether use has been made of the above provisions and, if so, for which industries, periods and regions.