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MATERNITY LEAVE NOT A MATTER OF CHARITY

Author: Ritendra Narayan singh, I year of B.B.A.,LL.B. from The Northcap university


The contribution of women to work has long been underestimated. Most women engage in domestic work that avoids economic analysis in most cases. With the growing number of women crossing cultural lines and leaving their homes to work, there are serious issues that need to be addressed. It should be noted that the working conditions of working women are different from those of working men. Conditions involving women, such as menstruation and childbirth, may reduce the effectiveness of their efforts, but this should not be the sole reason for their dismissal.


They need special rights that they must be able to compensate for because of biodiversity. That is why issues such as maternity leave are strongly encouraged by women's rights groups. Granting paid maternity leave has its drawbacks and benefits. Government regulations have tried to ease the way for working women. However, there have been mixed reactions from various parts of the community. In this article, we will try to legitimize the importance of maternity leave, how certain groups in society see this as a disability associated with women, what the government has done for us and how we need a renewed approach in this regard. issue.


Why is birth control a privilege?

The power difference in our society is clearly visible. As Simone De Beauvoir highlights the differences between gender and sexuality in her statement, Women who are born, but made, have a predetermined set of male and female roles. The gender stereotypes that we expect people to agree with are not new and are likely to remain here in the near future. However, the elimination process has already begun. Women are expected to play two roles as caregivers and as skilled workers. In the current economy of capitalism and competition, women are left behind trying to negotiate between their role as caretaker and worker. In addition, a woman has to deal with many of the physical challenges associated with motherhood.


After giving birth, conditions such as fatigue and discomfort such as perineal pain and uterine contractions are more common in women. Postpartum bleeding can occur from 2 to 6 weeks. Also, the baby needs the mother continuously for some time after birth. All of these factors make a woman absent from her workplace for a long time during this critical time. These natural phenomena are natural and not under the control of the mother / woman in question, therefore, it is necessary to reorganize work ethic and make provision for ongoing legislation that eases the burden on young women mothers in the workplace.


The preamble to the Indian Constitution reaffirms our commitment to social, political and economic justice. Also, Article 42 of the Constitution of India states that the State shall make provision for the acquisition of just and equitable working conditions and the emancipation of parents. In line with these provisions, Uttarakhand HC in 2018 enacted a law banning the benefit of maternity leave during her third pregnancy as ultra vires of the Constitution. The decision also emphasized the fact that maternity leave is a right in terms of the justice system enshrined in the various provisions of the Constitution of India.


It should not be regarded as a contribution made to women as it is their right in a democratic society governed by the rule of law and believe in equal opportunities for all. In addition, the provision of maternity leave is also in the public interest. Studies show that adequate maternity leave can lead to lower infant mortality rates, maternal health benefits, higher participation of women in employment and employment and increased breastfeeding rates.


Maternity Leave Rules

Internationally, the Declaration of Employment Equity for Employees was adopted in 2004 by the International Labor Organization which established a minimum maternity leave period of 14 weeks. The ILO Maternity Protection Convention, adopted in 2000, stipulated that it was the responsibility of the state and the community to protect pregnant women workers. Therefore, all ILO members, such as India, are instructed to formulate their own policies in line with these guidelines. It was after this that India introduced the Maternity (Amendment) Act of 2017.


The main law governing this area is the Maternity Benefit Act (Amendment) of 2017 which amends the Maternity Benefit Act, 1961. The amendment increased the paid maternity leave from 12 weeks to 26 weeks. This makes India one of 42 countries with this long maternity leave. It also extends the prenatal leave to 8 weeks. Paid pay for maternity leave is equal to the amount of her daily salary paid for the period of her actual absence.


Containing ongoing provisions, the law provides maternity leave benefits for a woman who has given birth to a child less than 3 months old. Sending mothers are also given a 12-week leave. As a matter of fact, a pregnant woman is entitled to a medical bonus of Rs. 1000 if no health care provided by the employer. The compulsory establishment of kindergartens is another legal requirement for employers.


However, this law does not have any limitations.

  • There is no mention of maternity leave having to deal with the same stress and more emotional pain of parting.

  • The law provides for flexible working hours and deals with domestic resources. It also places an additional burden on the employer to build a crèche in or near the workplace. All these extra responsibilities will go back as badly as they could