Skip to main content

Forcing 12-hour workdays violates ILO mandate, India's Constitutional and ethical foundations

By Prof. Hemantkumar Shah* 
The recent push toward implementing 12-hour workdays in India is not merely a policy misstep — it is a direct violation of both international labour standards and the Indian Constitution’s foundational values. It reflects an erosion of hard-won protections for workers and a retreat from the country’s commitment to social justice, dignity, and equitable development.
The International Labour Organization (ILO), established in 1919 after the devastating First World War, was founded precisely to combat the exploitation of industrial workers and ensure their well-being. One of its first and most important conventions was passed during its inaugural conference in Washington on 29 October 1919. It clearly set the standard: a maximum of 8 working hours per day and 48 hours per week. This applied across construction, manufacturing, mining, and transport sectors, and was meant to apply to both private and public employment. Although exceptions were allowed in special cases, even these were limited to a 56-hour weekly cap, with mandatory rest days.
India, still under colonial rule at the time, ratified this ILO resolution on 14 July 1921. This led to the creation of the Factories Act, enshrining these standards in law. The intent was to ensure that workers enjoyed health, safety, and freedom in choosing their profession, while also maintaining a balance between work and life.
India’s Constitution reaffirms these principles. Its Preamble lays out the vision for a society based on justice—social, economic, and political. When industrial workers are pushed to work 12-hour shifts while government employees work only eight, the promise of social justice is nullified. It is a betrayal of the constitutional ideal of equality of status and opportunity.
This undermines the notion of dignity in labour, too. A society where workers are stripped of rest, leisure, and time for cultural and family life can hardly be called a just one. If factory owners and managers themselves are not subjected to 12-hour shifts, can they truly claim that such a demand is fair? Their economic and social status, vastly superior to that of the labourers, belies the notion of shared sacrifice.
Part IV of the Constitution — the Directive Principles of State Policy — further underscores the obligations of the state. Article 38 mandates the promotion of welfare by securing a social order where justice and equality prevail. Article 39 instructs the state to ensure that citizens have adequate means of livelihood, and that economic necessity does not force anyone into degrading conditions. Article 42 calls for the state to ensure just and humane conditions of work.
Twelve-hour shifts directly violate these directives. They endanger workers’ health, strain physical and mental capacities, and amount to exploitation driven by economic vulnerability. Instead of bridging inequalities, they worsen them. Rather than raising the standard of living, they risk further impoverishing already marginalised sections.
Proponents of such a policy must be asked: are these laws truly designed to protect workers, or to legalise their exploitation? If the government enacts such changes, does it remain a neutral guardian of justice — or does it become complicit in eroding the rights of the weak?
Article 43 of the Constitution envisions a work environment that allows workers not only to survive, but to thrive, enjoy rest, and participate in social and cultural life. Article 46 directs the state to protect the interests of weaker sections — which includes industrial labourers. How can these mandates be fulfilled when workers are chained to 12-hour schedules?
Finally, Article 47 declares it a primary duty of the state to improve the standard of living. If a worker can only achieve this by working 12 hours daily, and not by working 8 hours under just conditions, then we must question whose standard of living the state is actually protecting.
The push for 12-hour workdays is not simply a labour issue — it is a test of India’s commitment to its own constitutional soul. It asks us whether the republic values human dignity over industrial profits, and whether it still believes in the promise it made to its citizens at the time of independence. The answer must be loud and clear: no law or policy that reduces workers to instruments of production can be accepted in a democratic, humane society.
---
*Senior economist based in Ahmedabad 

Comments

TRENDING

Workers' groups condemn Gujarat Ordinance increasing working hours, warn of statewide agitation

By A Representative   At a consultation organised today by the Asangathit Shramik Hit Rakshak Manch at Circuit House in Ahmedabad, leaders of major trade unions and labour rights organisations strongly opposed the Gujarat government’s recent ordinance amending the Factories Act and the draft rules notified under the Occupational Health and Safety (OHS) Code, 2020. Around 50 representatives from central trade unions, independent unions, and labour welfare organisations participated in the meeting.

The myth of population decline: India’s real challenge is density, not fertility

By N.S. Venkataraman*   India’s population in 2025 stands at approximately 1.4 billion. In 1950, it was 359 million, rising sharply to 1.05 billion by 2000. The population continues to grow and is projected to reach around 1.7 billion by 2050.

How natural and organic farming can be a key to combating the climate crisis

By Raj Kumar Sinha*  On July 9, while addressing the “Sahkar Samvad” in Ahmedabad with women and workers associated with cooperatives from Gujarat, Madhya Pradesh, and Rajasthan, Union Home Minister Amit Shah emphasized that natural farming is essential for both our health and the health of the soil. This is a significant statement in the context of addressing the climate change crisis. Natural farming can play a crucial role in combating climate change. Also known as organic farming, it is a system of agriculture that can increase food production without harming the environment. Natural farming has the potential to reduce carbon emissions by 35% to 50%.

Another 'honor' killing in Tamil Nadu: Caste pride has murdered love, again

By Vidya Bhushan Rawat*  Once again, Tamil Nadu has witnessed a brutal so-called 'honor' killing. This time, it is Kevin Selvaganesh, a 27-year-old software engineer from the Scheduled Caste community, who has been hacked to death by the family of the girl he loved since childhood. Kevin, a brilliant student employed at Tata Consultancy Services, was in a relationship with Subashini, his schoolmate and girlfriend. The couple, both well-educated and professionally qualified, had plans to marry. Yet, that love story ended in bloodshed — sacrificed at the altar of caste pride.

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Iran-Israel escalation: Shift in regional military dynamics, challenging the balance of power in Middle-East

By Raqif Makhdoomi   On a night that stunned many across the world, sirens blared across Israeli cities, warning of incoming missile strikes. Buildings were damaged, civilians rushed to bunkers, and flames lit up the skyline. This time, the threat did not originate from Gaza—but from Iran. The April 2025 Iranian missile attack on Israel marked a significant moment in the broader Middle East conflict, challenging long-held perceptions of military supremacy in the region.

From Kailasa to Lodonia: The business of inventing nations in India

By Vidya Bhushan Rawat*  This is the story of India—and the 'ideas' and 'imagination' that shape it. Some years ago, someone announced the creation of the 'United States of Kailasa,' a fictional nation 'founded' by Swami Nithyananda, who remains wanted in multiple criminal cases in India, including rape and murder. Remarkably, representatives of this fabricated country even managed to 'participate' in various United Nations events, including sessions of CEDAW in Geneva.

'Bengali Muslim migrant workers face crackdown in Gurgaon': Academic raises alarm

By A Representative   Political analyst and retired Delhi University professor Shamsul Islam has raised serious concerns over the ongoing targeting and detention of Muslim migrant workers from West Bengal in Gurgaon, Haryana. In a public statement, Islam described the situation as "brutal repression" and accused law enforcement agencies of detaining migrants arbitrarily under the pretext of verifying their citizenship.

Deaths in Chhattisgarh are not just numbers – they mark a deeper democratic crisis

By Sunil Kumar  For a while, I had withdrawn into a quieter life, seeking solace in nature. But the rising tide of state-sponsored violence and recurring conflict across India has compelled deeper reflection. The recent incidents of killings in central India—particularly in Chhattisgarh—are not isolated acts. They point to a larger and ongoing crisis that concerns the health of democracy and the treatment of marginalised communities.