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Friday, April 10, 1998

Slogans are no substitute for maternal benefit rights 

Rajiv Tikoo  
It's just another instance of the difference between rhetoric and reality. When Prime Minister A B Vajpayee declared on the occasion of World Health Day on April 7 that safe motherhood -- this year's theme -- is every woman's right, he was apparently oblivious of the antiquated Maternity Benefit Act, 1961 (amended later in 1987). Though the Act aims to safeguard the health and well-being of the working mother and her child, it has gaping holes that make it either irrelevant or difficult to implement.

Applying only to work-places such as factories, mines, plantations, shops and establishments that employ a minimum of 10 workers, the Act doesn't cover a majority of the female work-force, which is employed in home-based jobs, construction works and in the unorganised sector. Part-time or casual women workers also don't come within its ambit.

Though paid maternity leave for a period of six weeks before delivery and six weeks after delivery is allowed, there's no provision for supplementing it with paternalleave. Besides, all women who qualify under the Act are entitled to an abysmally low medical bonus of Rs 250 in lieu of free pre-natal confinement and post-natal care. Every woman who resumes duty after delivery is entitled to two breaks daily for nursing her child till the age of 15 months. This is in addition to the usual lunch break allowed to her. But the law is silent about logistic facilities such as creches, which would make the implementation of such provisions feasible.

If a woman absents herself from work in accordance with the provisions of the Act, it's illegal for her employer to dismiss her. The offence is punishable with imprisonment from three months to one year or/and with a fine of Rs 2,000 to Rs 5,000 or with both. Complaints against illegal dismissal or denial of payment are to be made to government appointed inspectors. But complaints against harassment, such as not being permitted nursing breaks, are to be made only in a court, which is impractical.

Apart from the lacunae in the law,the other practical problem is that most women are not aware of the law. Those who are informed don't have either the time or the resources to file suits to obtain redressal. Even those who are knowledgeable and have the means to do so, don't bring violators to the book because the legal process and its costs are prohibitive, and not justified by the rewards.

Besides, there are other factors which have a direct bearing on the working mother and the child, that beg attention. In the unorganised sector, employees don't enjoy any rights. Our health policies haven't delivered. There is no social security system. Pregnancy has been singled out for exclusion from even health insurance policies.

Obviously, it's practically very difficult to improve conditions for pregnant working women alone. And being a monumental issue -- safe motherhood is the key to a healthy world -- it calls for a multi-pronged long-term strategy, which has to go much beyond mere pronouncements.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.



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