Transcript Maternity Protection in the informal sector

Maternity Protection in the
Informal Sector – Indian
Experience
Dr. JP Dadhich MD (Pediatrics)
National Coordinator,
Breastfeeding Promotion Network of India (BPNI)
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Female Labor Force Participation (FLFP)
India 33%,
Global 50%, SEA
66% (2012)
125 million of the
380 million workingage females
currently employed
Source: http://data.worldbank.org
Source: IMF, 2015
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The Maternity Benefit Act, 1961
Paid maternity leave of 12 weeks in organised
sector with full wages
 Two nursing breaks per day till child is fifteen
months old
 A pregnant woman may request the authorities to
avoid arduous work
 Prescribes the redress mechanisms and penalty
for contravening the provisions of the act

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Proportion of workers in un-organised sector is
very high (National Commission for Enterprises in Unorganized Sector, 2007)
NCAER calculated that the informal economy/ unorganized sector
generates about 62 per cent of GDP, 50 percent of gross national savings
and 40 percent of national exports
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Informal Sector - women returning early to work
after delivery (Adapted from: Dasgupta, J., Y. Sandhya and A. Mukerjee, 2012)
Post-Partum Rest
Duration
%
Rest taken before resuming Less than
domestic work
15 days
67%
Rest taken before resuming Less than
household work outside home 2 months
94%
Rest taken before resuming Less than
wage labour
6 months
22%
Less than
12months
58%
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The Constitution of India
Article 42
“The State shall make
provision for securing
just
and
humane
conditions of work
and for maternity
relief.”
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ILO standards
Provide guidance for the extension of maternity
protection for workers in the informal economy
◦ The Maternity Protection Convention (No. 183) and
its accompanying Recommendation (No. 191)
◦ The Social Protection Floors Recommendation (No.
202)
◦ The Transition from the Informal to the Formal
Economy Recommendation (No. 204)
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The right to maternity protection enshrined in
various human rights treaties
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
The Universal Declaration of Human Rights (UDHR):
“Motherhood and childhood are entitled to special care and
assistance” (Art. 25)
The International Covenant on Economic, Social and Cultural
Rights: “Special protection should be accorded to mothers during a
reasonable period before and after childbirth. During such period
working mothers should be accorded paid leave or leave with
adequate social security benefits” (Art. 10.2)
The Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), which recognizes
maternity protection, including non-discrimination and paid leave,
8 11.2).
and child-care as essential rights (Introduction and Art.
Indira Gandhi Matritva Sahyog Yojana (IGMSY) –
conditional maternity benefits 53/664
districts
Cash Transfer
Conditions
First
Installment (In
third trimester)
•
Second
Installment (6
months after
delivery)
•
•
•
•
•
Amount
(INR)
Means of
Verification
Registration of Pregnancy at AWC/Health centre
with in 4 months of pregnancy
At least 2 ANCs with IFA tablets and TT inj
3000
MCP Card
certified by
AWW
The birth of the child is registered
The child has received vaccines for the age
Attended at least 3 growth monitoring and IYCF
counselling sessions within 3 months of delivery
Exclusive breastfeeding for 6 months and
introduction of CF as certified by the mother
3000
MCP Card;
self
certification
All pregnant and lactating women who are not getting such
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benefits from any other mechanism
National Food Security Act 2013
Section 4
Every pregnant woman and lactating
mother shall be entitled to:
(a) meal, free of charge, during
pregnancy and six months after the child
birth, through the local anganwadi, so as
to meet the nutritional standards
specified in Schedule II; and
(b) maternity benefit of not less than
rupees six thousand, in such installments
as may be prescribed by the Central
Government
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The Mahatma Gandhi National Rural Employment
Guarantee Act (MGNREGA)
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
100 days of guaranteed wage employment in every financial
year for all registered unskilled manual workers
Pro-women provisions:
◦ at least 33 per cent of participating workers are women
◦ equal wages for men and women
◦ provisions for childcare facilities at worksites
◦ work is to take place within 5 kilometers of an applicant’s
residence
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More needs to be done for the informal
sector
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Conclusions
India has a national law for maternity protection in
organised sector
 Initiatives for informal sector needs universalization
and effective implementation
 More needs to be done keeping in view various
commitments in national and international
documents
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Thanks !
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