Consent Under the OSH Code 2020: Boon for Empowerment or Curse of Burden

The rights of labour class such as health, working condition, and their safety has always been a matter of concern not just at the level of establishment itself but at a national level. To tackle with these concerns the government has come up with the “Occupational Safety, Health and Working Conditions Code 2020” (hereinafter referred to as OSH Code, 2020). The code aims at prescribing the standards for the working conditions, health and safety measures, and special provisions for women. The code consolidates 13 existing laws. An important provision under this code is related to the word “consent” of women working beyond regular working hours. This article delves into the interpretation of word "consent", and explores whether these provisions are a boon or a curse for women at workplace. The word “consent” encompasses within itself some essentials like voluntary mutual agreement, educated decision-making, express documentation, and the ability to cancel the consent without any repercussions. On the other hand, challenges such as lack of awareness, mental coercion, uneven enforcement mechanism can undermine these protections provided under the OSH Code, 2020, thus exposing the women to exploitation. This article explores the legal and also the practical implications of all these essential elements, whether they truly benefit women or they inadvertently create new challenges, thereby offering a comprehensive analysis of the OSH Code’s impact on women’s rights and safety in the workplace. The article also discusses about the responsibilities of employers in maintaining compliance with this code and the role of regulatory authorities in monitoring adherence to these provisions.