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| Maternity Benefits in India | |||||||
| Paper Id :
17665 Submission Date :
08/06/2023 Acceptance Date :
13/06/2023 Publication Date :
20/06/2023
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| Abstract | In a developed culture, it has progressively become apparent that both men and women contribute significantly to the nation's prosperity and to enhancing the standard of living. With more women participating in the workforce, there has been evidence of a significant change in the status of women, even as attitudes regarding their social security and protection remain unclear and unsatisfactory. The typical occurrence that underlies this social mindset is the belief that women should only be considered as primary caretakers, mothers, and housewives. However, the time has come to alter this ingrained view of society. In order to guarantee gender equality, the Indian government has implemented a variety of laws that offer job perks like pay benefits, better working conditions, maternity benefits, and social security. Maternity benefits serve as a facilitator, which is thought to help and improve a woman worker's ability to maintain balance between work and family commitments. | ||||||
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| Keywords | Maternity Benefits, International Labour Organisation, Working Women, Maternity Schemes. | ||||||
| Introduction |
A woman takes maternity leave, or time off from work, after giving birth to a child. In India, maternity leave enables a woman employee to take time off work after giving birth to a child. The Maternity Benefit Act of 1961 limited the amount of maternity leave that female employees may take to 12 weeks.
The duration was extended to 26 weeks by the Maternity Benefits Act of 2017. Additionally, there are consequences for breaking the rules and laws. By offering longer maternity leave, employers may assist women in developing healthy relationships with their children, taking care of their physical requirements, and monitoring all of their child's crucial developmental milestones. |
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| Aim of study | 1. To gain knowledge of Maternity benefit schemes. 2. To know challenges faced while providing the maternity benefits. 3. To gain knowledge about the implementation of maternity benefit scheme in India. | ||||||
| Review of Literature | Women have
significantly less access to paid job than males do globally. Additionally,
working women are more likely to be employed in precarious, dangerous, and
low-paying jobs than men. Government of India's National Commission for Women,
2014. In a working paper on labour laws in India, it is shown that employees in
the organised sector are entitled to all welfare benefits, including maternity
leave. Workers in the unorganised sector, however, must contend with the
uncertainty of their employment and benefits. According to the report, the
government should seek to gradually improve social security in the unorganised
sector. The report recommended that, as a first step, the government should
make allowances for working women who must renounce their income while caring
for a new-born. (Durgesh K. Rai and Anwarul Hoda (2017). Maternity Benefits
should try to control the employment of women employees in specific enterprises
during specific times before and after childbirth and should include maternity
and other benefits. 2014 (Hariharan). The welfare of unorganised workers
requires organised effort, he came to the conclusion. Workers in the
unorganised sector need protection, social security, and help because they are
more vulnerable and lack social security. G Rajendran (2015), M.D. In India,
95.6% of female workers in the reproductive age are not covered by the
Maternity Benefit Act. The Act was originally amended in 1989, and as a result,
expecting mothers are now entitled to a total of 12 weeks of paid leave.
According to Navin Kumar Angadi (2016), every day approximately 830 women die
from preventable conditions associated with pregnancy and childbirth worldwide.
Although awareness has improved since prior research, few people are still
using such programmes. of India, conditional cash transfers are more common as
seen by the rise of institutional distributions. (2016) Ranganath T. S. In the
study they undertook to evaluate expectant moms' understanding and use of the
maternity benefit programme. According to the majority of the samples, 30% of
mothers had adequate awareness of the maternity benefit programme, 17% of
mothers had insufficient information, and 30% of mothers had moderately
adequate knowledge (G. Bhuvaneshwari, 2016). Nevertheless, there are several
issues with the Act. It reinforces narrow-minded beliefs that women should bear
the burden of raising the kid (Ragavi Viswanath 2015). The percentage of
pregnant women who are aware of the government's maternity assistance programme
ranges from 0% (JSSK) to 83.6% (ICDS). There is a lack of knowledge among
pregnant women about significant government maternity benefit programmes like
JSY and JSSK, which are intended to lower maternal and neonatal mortality.
(2015) (A.R. Johnson). The MB Amendment Act has to be clarified in a number of areas,
including the length of time that the worried mother can use the childcare
facility and the availability, frequency, and size of nursing pauses (Anshul
Prakash 2017). Only the President's signature is required for the Bill to
become a law. Increased paid maternity leave from 12 to 26 weeks is its major
and most discussed provision (Rupa Subramanya 2017). According to the author,
the proposed measures in the Bill are a step in the right direction because
they would address a problem that hasn't gotten enough attention up to this
point (Manishi Pathak 2016). The newly revised government's programme, which
has doubled the number of financial benefits, attends to and is successful in
resolving the gaps and problems identified by this study (2012) T K Sundari
Ravindran. The author claims that while free vaginal delivery received the most
attention, free caesarean sections, free drop-off services at homes, and free
blood donations received very little. She claims that additional initiatives
are required to raise pregnant women's general understanding of their rights
under the JSSK in order to boost their use of the program's benefits and so,
indirectly, contribute to MMR and IMR reduction 2016 (Sonali Deshpande).
According to the author a survey shows that male employees account for the vast
majority of jobs in India. Employers are hesitant to hire female employees over
male employees because of the imminent and obliging costs of hiring a female
employee over a male employee. Despite legislated government laws, some women
across the country are unable to take their legally needed maternity leave. The
employer is unwilling to cover the entire cost of the female employees out of
his or her own pocket. The government should provide provisions to assist
employers in covering part-time expenses, allowing employers to hire female
staff without hesitation. SME's and start-ups operate on a tight budget and may
be hesitant to hire female staff if the government does not share the costs.
Pregnancy is a natural occurrence, and the brain or working potential of female
employees will not be diminished by it. As a developed country that promotes
girl child education, maternity benefits should be taken seriously and
implemented in all organisations with full government backing[1] (Maternity Leave in India: The Law
and Benefits) |
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| Main Text | What is
Maternity leave? In India,
"maternity leave" refers to a paid leave from work that enables
female employees to care for their new-borns while still having access to paid
time off. The Maternal Leave programme of the Indian government is a well-intended
initiative for Indian pregnant moms. According to the Maternity Leave Act of
2017, pregnant female employees must take a set amount of time off work for the
sake of both the mother and the unborn child. As a result, female workers will
gain more. The numerous
maternity leave options and perks provided by employers that are available to
women in the private and public sectors are also described in this Act. This is
a "fully paid leave" that working women who are expecting or nursing
can take to take care of themselves and their unborn child. The Maternity Act
of 1961 in India has been drastically modified by this 2017 modification, which
is applicable to industries and businesses with ten or more employees, whether
or not they are organised. This enables
them to continue working for the company while also taking care of the new-born
child. Mother is entitled to full payment during this time. Maternity leave is
therefore a paid leave arrangement based on a series of requirements that
female employees must satisfy in order for their request to be approved. Maternity Leave
Regulations: Indian
Constitution According to the state policy's directive principal, "the
State shall make provision for securing just and humane conditions of work and
for maternity relief." Maternity
Benefit Act: Under the
Maternity Benefit Act of 1961, hardworking women are permitted to take up to
three months of maternity leave. Additionally, thanks to this law, working
women are guaranteed paid maternity leave. The amount due to her is equivalent
to the average daily wage for the time she was really away from work. Central Civil Services Rules of 1972[2] and the Employees' State Insurance Act of 1948[3] The following
programme covers all non-seasonal factories that use electricity and have a
maximum employee capacity of 10. This code is guaranteed. The act was created
to establish a social insurance programme and to safeguard organised sector
workers in times of necessity, including maternity leave. If a miscarriage or
other unavailability occurs in this situation as a result of pregnancy or
prematurity, the owner of such shall provide a shareholder to such a firm. International convention Members of the
International Labour Organisation endorsed a resolution offering equal
opportunity for women in a 2004 international convention on economic and social
rights. A resolution to grant women 14 weeks of maternity leave was adopted at
this conference. Being an ILO member, India realised that its maternity leave
fell short of what was recommended at the conference. As a result, it added an
amendment in 2017 that became known as The Maternity Amendment Bill 2017. Alternative Laws of Others Similar laws that give workers maternity benefits include There appear to
be more acts that deal with maternity benefits and wellness in addition to the
Maternity Benefits Act of 1861. These statutes contain separate sections that
give insight into the same in the context of the legislation, despite not being
specifically focused on writing prescriptions rights to women both during and
after pregnancy. Employer State Insurance legislation of 1948[4] The Employer
State Insurance legislation of 1948 is frequently referred to as the
"correspondence to the maternity benefit act" because it contains
measures that the employer might utilise to protect the health of female
employees. For an employee's claim to be accepted, certain conditions must be
met. A woman
employee who is covered by this Act will receive monthly compensation under
Section 46(1)(b) in the case of a miscarriage, illness, surgery, or other event
resulting from pregnancy, an untimely birth, or a miscarriage. A woman who
meets the requirements to request maternity benefits from her employer may
receive medical benefits under Section 56(3) of this Act. Mines and Circus Maternity Benefit Rules, 1963[5] According to
this law, employers of such companies must abide by a number of processes and
requirements while dealing with the maternity health of their employees. 1972 Central Civil Service Rules[6] This law
covers employees working for the government and grants female employees a
135-day maternity leave. He will receive a wage during his leave that is equal
to the pay for a working day while she was still an employee of the company. In
the event of a miscarriage of the foetus, it also provides for a maternity
leave of no more than 45 days. The Mines Act of 1952[7] Under the Mines
Act of 1952, women who participate in the management, control, supervision, or
direction of a mine or any portion of a mine are entitled to maternity leave.
This act allows the woman in question to take a 12-week maternity leave. The Factory Act of 1948[8] This law grants
women who work in factories or any aspect of them a twelve-week maternity
leave. Additionally, it permits employers to hire more than 30 women in order
to provide a comfortable working environment for the women. 2018's Maternity Leave Incentive Programme[9] It offered
firms who hire women employees and give them maternity benefits for 26 weeks of
paid leave repayment of seven weeks' salary. To become a fully-fledged strategy
to increase the proportion of women workers and employees in India, such
initiatives must first pass the draught stage and receive the necessary consultation
and approval. Working women's situation in India Although
this is still the case in the vast majority of households, mounting economic
pressure is driving more women to join the workforce, allowing households to
continue having two incomes. Women have historically been underrepresented in
the workforce since its start, but this is beginning to change. Despite having
jobs, women are still expected to shoulder the majority of home chores and
child care. When there are
children involved or during pregnancy, this situation is made even more
challenging. Few workers are sympathetic to this situation and are unwilling to
provide paid maternity leave or be flexible with childcare or hours so that
they may care for the children. It is crucial
that there be a rule in place to enforce specific principles to help women, as
many factories and enterprises are indifferent to the special demands of
pregnant women. To guarantee that all workers have access to maternity leave,
these numerous legislations have been passed. We'll examine the numerous
statutes in this page, along with some of its detractors. The 2017
Maternity Benefit Act[10] The Indian
government recently suggested various amendments to the maternity bill of 1961,
including extending the vacation time from three months to six months (from 12
weeks to 26 weeks). However, if a
woman has two or more children, she will only be entitled to 12 weeks of paid
maternity leave and six weeks of paid paternity leave, for a total of 18 weeks
off from work. An Important Provision of The Bill The new
amendment provides for an adoption leave that may be authorised for up to 12
weeks following the taking of custody of the child. The law also gives moms 12
weeks to express their sorrow. Mothers who fertilise their eggs to produce an
embryo and implant it into another woman for incubation are known as
commissioning mothers. Essentially, they use a surrogate to conceive. In the 12
months before to her anticipated due date, the working woman who has taken
maternity leave must get at least 80 days of pay. The average daily wage of the
workers will be used to determine the amount due. In addition to this 12-week
income, she is also eligible for a Rs 3,500 incentive. She is entitled to a
1000 RS incentive if the employer has not assigned medical care. For their first
two children, female civil servants are granted 180 days of maternity leave. It
permits nursing moms to remain at home for 26 weeks in the event of
miscarriage. On August 9,
2005, a landmark decision was made in Mrs. Bharti Gupta v. Rail India Technical[11]- The Hon'ble Court ruled in this
instance that the Act had already established the nature and provisions of
benefits for women during and after childbirth. The establishments of RITES
were to be included as falling within its jurisdiction because the Act is a
social and charitable statute and because of its goal. According to
Article 12 of the Indian Constitution, RITES is a state instrument and as such
falls under the purview of Part 3 of the Constitution. As a result, RITES was
bound by the Act's rules and had no power to get a waiver from them. Challenges for the Employer India is
viewed as unfriendly in terms of employer commitments. This is due to the fact
that the Maternity Benefit Act of 1961, the current pregnancy discrimination
law, lays the full burden of providing wages to women claiming maternity
benefits on the employers. Such financial obligations are typically shared by
the employer and the government. However, India
didn't go with this strategy. In many businesses, this indirectly results in a
decline in the employment of women. The Maternity Leave Incentive Scheme, 2018,
was created by the Indian government to help firms provide maternity benefits
to female employees in an effort to enhance these conditions. As this would have a negative effect on the company's growth and hiring inexpensive temporary workers to fill the vacancy caused by accessing maternity benefits becomes somewhat unaffordable, many SMEs (small and medium enterprises) could indeed accommodate the six to nine-week time off work that they are required to provide to their own employees. Employers may also have to deal with the problem of women who take advantage of the Act's provisions for their own gain by claiming maternity benefits and then quitting their jobs right away after the benefit period has passed, eating up a lot of the contractor's resources in the process. |
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| Conclusion | Maternity benefits are an important component of legislation or policy that offers a pregnant worker employment, health care, and financial stability. The government should create a blueprint to provide an effective framework that strives to ensure upon the benefits of employers so that the competitiveness of the private sector is not impacted by burdening the entrepreneur. While increasing maternity benefits is a positive step, it should not be the only one. The government of India recently proposed funding half of the paid leave amount that companies provide in the extended maternity leave benefit scheme in order to lessen the load placed solely on the employers. The plan is awaiting approval. According to the idea, the government is prepared to cover the wage for seven weeks of additional leave under the provisions for new mothers. The disadvantages of various maternity benefit laws and programmes outweigh their benefits, and they are as follows: 1. Only the majority of women employed in the organised sector were eligible to receive benefits under the Maternity Benefit Act of 1961. Of the total number of women working in India, only 4% are employed in the formal sector. When a woman gets pregnant, she is immediately viewed as a burden. The Act has a bias in favour of those who work in the formal labour sector. 2. The Act does not include a provision for paternity leave and places the burden of raising the child solely on the mother. The addition of paternity leave is seen crucial in order to develop a system that allows for a balance to be struck between the obligations. 3. The paid maternity leave term is unfair because it is only 12 weeks for mothers who adopt or commission children while it is 26 weeks for biological mothers. It is significant to notice that the amount of time and focus needed to get up and take care of the child is comparable in both scenarios. 4. In the event of a third birth, the number of paid weeks is reduced to twelve; this has an effect on the child's upbringing. 5. Extended maternity leave puts a financial strain on companies. 6. The amount paid under different programmes is insufficient to cover all of a pregnant woman's needs. 7. A separate group should be established to examine how the Act is being used and how it is developing. 8. The Act/schemes should be made known to the public through a variety of channels at the local level. | ||||||
| References | 1. Dr. J.N. Pandey, Constitutional Law of India, Central Law Agency, Allahabad, 44th ed. 2007.
2. Dr. Jeet Singh Mann, Comprehensive Social Security Scheme for Workers, Deep and Deep Publication, New Delhi, 1st ed. 2010.
3. Dr. Ravi Prakash Yadav, Social Security in India, Aavishkar Publication, Jaipur, 1st ed. 2015.
4. Dr. S.C. Srivastava, Legal Protection and Social Security in Unorganized Sector, The Book Line Publication New Delhi, 2017.
5. Draft Report, STUDY ON WORKING CONDITION & PRIVILGESES OF WOMEN IN THE UNORGANIZED SECTOR IN INDIA, WCD-GOI 2016.
6. Manju, Women in Unorganized Sector-Problems & Issues in India, IJAR 2017, 3(4).
7. Social Protection, Our Framework Policies and Strategies, Asian Development Bank, July 2003.
8. Srivastava P.C., Social Security in India, Lokbharti Publication, 1st ed. 1964. |
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| Endnote | 1. Maternity Leave in India 2023: Laws, Eligibility and Benefits (startuphrtoolkit.com) 2. CCS (Leave) Rules 1972 Updated as on 19.09.2022 | CCS (Leave) Rules 1972 PDF Download – CENTRAL GOVT EMPLOYEES NEWS (cgstaffportal.in) 3. India Code: Employees State Insurance Act, 1948 4. India Code: Employees State Insurance Act, 1948 5. MATERNITY_BENEFIT_RULES.doc (live.com) 6. CCS (Leave) Rules 1972 Updated as on 19.09.2022 | CCS (Leave) Rules 1972 PDF Download – CENTRAL GOVT EMPLOYEES NEWS (cgstaffportal.in) 7. The Mines Act 1952 (dgms.gov.in) 8.https://www.indiacode.nic.in/handle/123456789/1530?sam_handle=123456789/1362 9.https://www.mondaq.com/india/employee-benefits--compensation/766150/maternity-leave-incentive-scheme-2018#:~:text=On%20November%2016%2C%202018%2C%20the,USD%20209%20approximately)%20and%20provide 10.https://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendment%20Act%2C2017%20.pdf 11. https://indiankanoon.org/doc/1796719/ |
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