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Maternity Benefit Bill, a long overdue welfare measure
The Maternity Benefit Act, 1961, has been amended.
Chennai
“The salient features of the Maternity Benefit (Amendment) Bill, 2016 are as follows: (i) increase the maximum period of maternity benefit from the existing 12 weeks to 26 weeks, in case of women who have less than two surviving children and in other cases, the existing period of 12 weeks maternity benefit shall continue; (ii) to extend the maternity benefits to a “commissioning mother” and “adopting mother” and they shall be entitled to 12 weeks maternity benefit from the date the child is handed over; (iii) to facilitate “work from home” to a mother by inserting an enabling provision; (iv) to make it mandatory in respect of establishment having 50 or more employees, to have the facility of crèche either individually or as a shared common facility within such distance as may be prescribed by rules and also to allow four visits to the crèche by the woman daily, including the interval for rest allowed to her; (v) every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment about the benefits available under the Act.”
This Bill is the result of the recommendations of the 44th Session of Indian Labour Conference (ILC) and reiterated by the 45th and 46th Sessions. But the sad state of affairs of the Parliament is that, during the discussions about this Bill it has been reported that only 53 members were present. Women’s issues, however important, is not taken seriously by the Parliamentarians.
Providing care during delivery, pre and post-natal period, is essential for building a healthy society.
The newborns are the future of any nation. It is essential to provide for a healthy birth and growth of infants. In an era when the joint families have broken and more and more women are being employed in private / competitive sectors, it becomes all the more necessary for the government to enact laws to ensure that women are not victimised due to pregnancy and childbirth. Special laws providing for paid leave and ensuring that women do not lose their jobs due to pregnancy and childbirth are a must in a welfare state.
Pregnancy and childbirth were considered as rebirth for women. Pregnancy and childbirth have to be seen from the point of welfare of the pregnant women and the delivered children. Unless the pregnant woman is emotionally and physically well, she cannot deliver a healthy baby. Pre and post-partum depressions are not uncommon. There are several studies that speak of the need for better intra-partum care of pregnant women, in order that they deliver healthy babies.
Just giving paid holidays and providing crèches in the work places though very important milestones in maternity care, are just not enough. Our public health system is losing its sheen due to the radical privatisation of hospitals. Obstetrics and Gynaecology have become lucrative businesses. Primary health centres in every village should be better equipped with good infrastructure; dedicated and trained staff to attend on pregnant women before, during and after deliveries.
Men of the household should also be involved and taken into confidence throughout the period of pregnancy and childbirth. Tamil Nadu government gives 15 days’ paternity leave to involve the ‘fathers’ in childbirth and child rearing. To ensure that the child is healthy, it is essential that the mother is mentally and physically fit without any loss, due to her pregnancy and delivery whether it be in the domestic or work front. The present Bill will definitely give women some more time and security to be with their new born and also hold on to their job. It is a long overdue welfare measure.
— The writer is Senior Advocate, Madras High Court
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