The recent move of the Tamil Nadu government to allow stores and establishments employing more than 10 people to function around the clock is to be welcomed, albeit cautiously. The decision comes with conditions related to the employment of women, their safety as well as with other stipulations protecting the rights of the workers.
On the positive side, first, the move would have the immediate effect of protecting traders from unnecessary harassment from police. Stores and eateries that are open late in the state are currently subject to a lot of police scrutiny, ostensibly on grounds of protecting law and order. However, there are sections of police who use the opportunity to harass businesses into shutting early or on some occasions seek bribes to look the other way as they remain open. Second, it is possible that it will provide a boost for the local economy by leading to a rise in hiring which in turn could put more money in peoples’ pockets. Third, increased movement of public in the night time could contribute towards a decrease in crime rates.
However, the move has come in for criticism from small traders who allege that by allowing only establishments employing more than 10 people to function 24/7, their businesses—which bear the brunt of police harassment and which also have the potential to find customers in the night—have been left out in favour of larger outlets. The state will have to consider their demands or explain its rationale for leaving them out. Most importantly, though, the development cannot come at the cost of subjecting workers to exploitation. While the state government has listed some conditions, labour rights are already violated on a daily basis with officials often turning a blind eye. A business that is trying to cut overheads almost always does so by cutting down on its labour costs—and thereby rights. This development cannot be at the cost of human rights. The state must make this a priority and should ensure that its labour department is given the resources and powers to enforce its laws to protect workers from exploitation.