Lok Sabha Question No. 27 (STARRED), answered on 2023-02-03
Subject: Safety of Women
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Queen Oja

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA STARRED QUESTION NO. 27*

TO BE ANSWERED ON 03.02.2023

## SAFETY OF WOMEN

- *27.    SHRIMATI QUEEN OJA:

Will the Minister of Women and Child Development be pleased to state:

- (a) whether  there  is  a  growing  trend  of  women  getting  employment  in  villages, towns  and  cities which require working and  commuting  at  late  hours endangering their safety;
- (b) if  so,  the  reaction  of  the  Government  thereto  and  the  remedial  steps  taken/ proposed to be taken in this regard;
- (c) whether  there  is  any  plan  to  review/  fix  the  working  hours  of  women  at  all workplaces; and
- (d) the  concrete  steps  taken/  being  taken  by  the  Government  for  the  safety  of working women?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

- (a) to (d):   A Statement is laid on the Table of the House.

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## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO.  27*  FOR  ANSWER  ON  03.02.2023  ASKED  BY  SHRIMATI  QUEEN  OJA REGARDING 'SAFETY OF WOMEN'

(a) to (d) : The data on Employment and unemployment  is collected through Periodic Labour Force Survey (PLFS) conducted by the Ministry of Statistics & Programme Implementation (MOSPI). As per the latest PLFS report available for year 2020-21, the estimated Labour Force Participation Rate of female has increased from 22.8% in 2019-20 to 25.1% in 2020-21.

The Government has taken various steps to improve women's participation  in  the labour force and quality of their employment. A number of protective provisions have been  incorporated  in  the  labour  laws  for  equal  opportunity  and  congenial  work environment  for  women  workers.  The  Code  on  Social  Security,  2020  has  the provisions  for  enhancement  in  paid  maternity  leave  from  12  weeks  to  26  weeks, provision  for  mandatory  crèche  facility  in  the  establishments  having  50  or  more employees,  permitting  women  workers  in  the  night  shifts  with  adequate  safety measures, etc.

The Code on Occupational Safety, Health And Working Conditions (OSH), 2020 has the  provisions  for  the  employment  of  women  in  the  aboveground  mines  including opencast workings has been allowed between 7 pm and 6 am, and in below ground working between 6 am and 7 pm in technical, supervisory and managerial work where continuous presence may not be required.

Further, the Maternity Benefit Act (Amendment) Act, 2017 enabled provision for 'Work from Home', after availing of the maternity benefit by the woman, where the nature of work being assigned of such nature, for such period and on such conditions mutually agreed upon by the employer and the woman.

Though 'Police' and 'Public Order' are State subjects under the Seventh Schedule to the Constitution of India and responsibility to maintain law and order, protection of life and property of the citizens including investigation and prosecution in cases of  crime against women and children rests primarily with the respective State Governments, the  Central  Government  gives  highest  priority  to  ensuring  safety  and  security  of women,  including  working  women,  and  has  undertaken  various  legislative  and schematic  interventions  in  this  regard.  Keeping  this  in  view,  the  Government  has enacted 'the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013' (SH Act) which aims to provide protection to women against sexual harassment at workplace and for the prevention and redressal of complaints related to it. The Act covers all women, irrespective of their age, employment status or nature of work whether working in public or private, organised or unorganised sector. The Act casts an obligation upon employers of all workplaces, public or private, to provide a safe and secure working environment free from sexual harassment. The Act has  enough  provisions  to  deal  with  various  aspects  of  the  matter  including  penal provisions for those who violate the provisions of the Act including the employers. The transportation provided by the employer to women employee has been defined as a workplace  for  the  purpose  of  provisions  under  this  Act,  thereby  putting  additional responsibility upon employer for ensuring safety and security of women employees.

For effective implementation of the Act, the Government has amended the Company (Account) Rules, 2014 thereby making disclosure regarding implementation of SH Act mandatory within Director's Report. Further, the Act cast an obligation upon employer to include the number of cases filed, if any, and their disposal under this Act in the annual report of the organisation or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer.

The Government of India has also enacted the Factories Act, 1948 which provides for the occupational safety, health & welfare of workers including women workers working in the factories registered under the said Act. Specific provisions have been prescribed for  the  occupational  safety  of  the  workers  at  workplace  under  Chapter  IV  of  the Factories Act, 1948.

The schemes/ projects  implemented  by  the  Government under  Nirbhaya  Fund for safety and security of women including working women include One Stop Centres (OSCs); Universalisation of Women Helplines (WHL), Emergency Response Support System (ERSS) which is a pan-India single number (112)/ mobile app based system for emergencies; a cyber-crime reporting portal to report obscene content; safe city projects  in  8  cities  (Ahmedabad,  Bengaluru,  Chennai,  Delhi,  Hyderabad,  Kolkata, Lucknow  and  Mumbai)  including  infrastructure,  technology  adoption  and  capacity building in community through awareness programmes; setting up/ strengthening of Women Help Desks (WHDs) at Police Stations etc., Bureau of Police Research and Development  (BPR&D)  has  also  undertaken  several  initiatives,  which,  inter-alia includes training and skill development programs for Investigation Officers, Prosecution Officers and Medical Officers etc. BPR&D has also prepared Standard Operating Procedures (SoPs) for 'Women Help Desk at Police Stations' to ensure smooth functioning of Women Help Desks by focusing on four critical components, viz. infrastructure, training, human resource development and response mechanism.

The Government also implements Sakhi Niwas (erstwhile Working Women Hostel) component of the sub-scheme 'Samarthya' under Mission Shakti for providing working women  with  support  services  like  safe  accommodation  with  food  and  medical assistance.  It bridges a critical gap for women empowerment and aims towards social, cultural, political and economic development.

Further,  the  Government  implements  Palna  (previously  known  as  National  Creche Scheme) component of the sub-scheme 'Samarthya' under Mission Shakti to provide creche facilities for women with small children through Stand-alone creches as well as Anganwadi-cum creches.

The Ministry also undertakes awareness exercise for safety and security of women and children from time to time. Further, the Government, through institutions like the National Commission for Women (NCW), and their counterparts in States have been spreading awareness through seminars, workshops, audio- visual, print and electronic media etc. to sensitize the people about the safety and security of women  and also about various provisions of the legislation etc. In addition, Ministry of Women and Child Development and Ministry of Home Affairs have issued advisories to States/ UTs from time to time on various issues pertaining to safety and security of women and children.

In addition, National Commission of Women collaborates with National Legal Services Authority in spreading legal awareness across India.   The Commission also conducts awareness seminars on Anti Human  Trafficking in different States/UTs for sensitization  of  various  stakeholders.  In  addition,  every  year  the  Commission collaborates with Government, Semi Government organizations, Universities, Academic  and  Research  Organisations,  etc.  to  undertake  Seminars/Webinars/ Conferences  /Workshops and Research Studies to implement the mandate under Section 10 of the NCW Act, 1990 on gender specific themes relating to the current issues regarding safety, security and empowerment of women.

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