Have you ever crossed a construction site, and looked at the kids—some of them giggling, blissfully unaware of the life of frugality they congenitally got? Have you ever stopped and looked at mothers tending to their babies who are crying from being under the scorching heat of the sun? These working mothers don’t have access to a crèche or even maternity leaves, for that matter.
Too tired to curse her fate, Kamala (name changed for anonymity) was abandoned by her husband, who disappeared in the dark of the night, leaving her to raise a newborn child all by herself. Amidst changing diapers and going to work as a house help, even having the time to grieve or feel lost, seemed like a luxury to her. Thankfully, her employer gave her paid leaves and allowed her to bring her baby to the house while she worked. Not every woman working in the informal sector gets that kind of relief.
What maternity benefits does India offer?
The Maternity Benefit Act, 1961 offered women 12 weeks of paid maternity leave. In the 2017 amendment, it was increased to 26 weeks, along with the provision of nursing breaks and crèche facilities. This applies to women working in companies with more than 10 employees.
Maternity benefits in India do profit women who are eligible for those. The prenatal leave has been increased from six to eight weeks. A woman who is a mother of two or more children will be eligible for 12 weeks of maternity leave if other criteria match. In fact, a woman who adopts a child under the age of three months is also eligible for 12 weeks of maternity leave.
This act ensures that pregnant women and new mothers don’t lose their income or job and thus aims to offer financial security. It states that no employer shall dismiss a female employee while she is on maternity leave. In a company with more than 50 employees, a crèche facility should be made available. However, are the benefits inclusive?
How inclusive are the maternity benefits in India?
While the benefits offered by the Indian government are thoughtful and of good value to those who are eligible, a huge chunk of the female population in India doesn’t even have access to the same. Due to the inflexible criteria of eligibility, the act fails to cover the majority of women in India. This includes the entire unorganised sector and even women who don’t fulfil the scrupulous criteria of availing the benefits.
To be eligible, a woman should be working for a company that employs more than 10 people. She must also have completed working at least 80 days in the same company. Any woman who doesn’t meet these standards is deprived of maternity benefits in India.
Employer’s liability, a major concern
According to the 2019 Economic Survey, the unorganised sector accounts for 93% of the total workforce in India. A huge chunk of this demographic comprises women, who are often in low-skilled, low-paid jobs, that offer little security.
However, since India’s maternity benefits are supposed to be the employer’s liability, women in the unorganised sector don’t stand to profit from this act. These women risk losing their source of income while they are pregnant and often struggle to find employment when they return to the market.
Increased risk of miscarriage
Women in the unorganised sector, including agricultural workers, seasonal workers, labourers, domestic workers and more, are left to either face the financial crunch or risk their health and pregnancy by continuing to work. Many of these women work in harsh conditions, with the risk of having a miscarriage lurking around.
Article 23 of the Universal Declaration of Human Rights, 1948[4] says, “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.” Thus, the lack of maternity benefits in the unorganised sector is a violation of human rights.
Code on Social Security, 2020
According to PRS Legislative Research, the Code of Social Security, 2020 promises that the central government will set up a fund for women in the unorganised sector. Further, state governments will also set up and administer separate social security funds for unorganised workers.
So, the maternity benefits exclude women in the unorganised sector and the only way they can gain some benefit is through additional schemes by the government, which also fail to do more than the bare minimum. The Janani Suraksha Yojana under this act provides nothing but an incentive for institutional delivery.
The only benefit for pregnant women and new mothers in the unorganised sector is under the National Food Security Act, which allows pregnant and lactating women to draw ₹6000. The Pradhan Mantri Matri Vandana Yojana (PMMVY), also focuses on nutrition and maternity benefits, however, budget allocations have been a major disappointment.
The price of pregnancy in a patriarchal work culture
Most workplaces are still reeking of patriarchal attitudes as masculine norms predominate the work culture. The expectations, the key performance indicators and task allocations are pro-male, completely disregarding the biological and social functions women have.
Many employers don’t hire or invest in female employees because of the cost they will incur for maternity leaves. This bias has led to many skilled women missing out on opportunities and it’s even worse in the unorganised sector, which often involves physical labour.
In many countries, the cost of maternity benefits is shared between the state and the employer. In India, the cost is completely the employer’s liability. Ideally, a company should have the necessary budget allocations for the same but the pro-male work culture makes pregnancy sound like a female issue. The lack of state involvement in maternity benefits thus ends up outcasting women in the unorganised sector.
Women in the unorganised sector are often working for multiple employers, change employers quickly and even have phases of unemployment. This means that it is difficult to even track if these women had any maternity relief whatsoever. An RTI applicant, Dr Vandana Prasad had asked the Ministry of Labour and Employment in 2016, for statistical information on women workers and their access to maternity entitlements and the response she received clearly stated that such data is not maintained by the central government.
However, with millions of women working in the unorganised sector in India, it is safe to say India, even with the latest reforms, is lacking in providing many women with health and financial security during pregnancy.
Also Read: Evolving Perception Of Infertility Through The Lens Of Bollywood