AUTHOR: Admin
INTRODUCTION
Women are often connected to domestic labour or jobs inside the house, whilst males are typically tied to employment outside the home. Because of this assumption, men are frequently associated with being the only provider for the family or with economic output. This viewpoint has shaped workplace customs and legal frameworks, and it is even reflected in current legislation, such as the 1948 Indian Factory Act, which gives definitions to the terms “labour” and “man.” Because of this mindset, many people disregard the fact that women undertake a large amount of unpaid work in their homes and communities.The contribution of women to society is nothing new. Their participation has gone unrecognised since they are expected to execute such labour. such as carrying out manual work around the house. They do cooking and housekeeping duties but are undervalued since they are not paid, which inhibits them from contributing to economic growth.
THE REALITY OF WOMEN WHO ARE EMPLOYED
Even while this still occurs in the majority of homes, rising economic pressure is encouraging more women to join the workforce, which makes dual-income households possible. Historically and from the start, women have been a silent power in the workforce, but this is changing now. However, despite the fact that more women are entering the workforce, they are still perceived as being primarily in charge of taking care of the home and children. This situation is considerably more challenging when they are expecting a kid or have young children to care for. Few employers recognise this situation and are hesitant to make accommodations for daycare and work hours so that employees may care for their children, or to offer paid maternity leave.Many firms and factories are indifferent to the unique needs of women during pregnancy, making it essential that there be a clear rule to enforce certain ethics in order to help women. As a result of the passing of these several laws, maternity leave is now an entitlement for all employees. In this post, we’ll discuss several laws and critiques of them.
WHAT DOES MATERNITY LEAVE IN INDIA INVOLVE FOR EMPLOYED WOMEN?
Working women who are pregnant in India are entitled to paid maternity leave, which they can use to take care of their unborn child. With this form of leave, the mother can continue working and taking care of the infant at home while maintaining her career. Maternity leave is provided in India in accordance with the Maternity Benefit Act of 1961‘s regulations.
MATERNITY LEAVE IS A MANDATORY REQUIREMENT FOR EMPLOYED WOMEN?
Due to their innate disability, women have been stigmatised since they must take maternity leave. They are obligated to take time off before and after the birth of their child, which is why. In the past, workers would fire pregnant women if they felt that maternity leave was necessary or that being pregnant affected their productivity. As a result, they would take unpaid time off to avoid being fired. Women in physically demanding or labor-intensive occupations occasionally had to work longer hours to make up for being pregnant or taking maternity leave, which was bad for the health of both the mother and the child. As a result, certain rules were put in place to reduce any form of strain.
Working women are permitted to take up to three months of maternity leave under the Maternity Benefit Act of 1961. Additionally, this rule guarantees working women’s entitlement to pay while on maternity leave. For the period she was really off work, the amount owed to her is equal to the average daily wage. In order to qualify for benefits, she had to have worked 80 days in the 12 months prior to the anticipated day of her delivery. Six weeks after a woman gives birth, has a miscarriage, or has a kid who has been surgically terminated, this legislation prohibits employers from hiring her. If a woman meets all the standards outlined under this act, it would be illegal for any employer to dismiss or terminate her for taking maternity leave. Later amendments to this statute were made.
THERE WAS NO PROVISION FOR REIMBURSEMENT IN THE CASE OF THE SURROGATE MOTHER
The Act gives women who adopt kids under three months old and commission mothers leave, which is identical to regulations in the UK, France, Canada, and Sweden. What would happen to a mother who adopts a kid who is older than three months old and whether she will be granted leave are not made clear by the amendment. The surrogate mothers whose wombs are being used by commissioning mothers are likewise left out of the legislation. When surrogate moms rent out their wombs and deliver the child, certain surgical procedures, such as a C-section, are necessary. Being separated from a kid you carried creates emotional grief in addition to physical pain. Surrogate moms should be given some kind of leave to at least recuperate after medical procedures.
CONCLUSION
To safeguard both their personal health and the health of their unborn children in the present period, it is essential that women obtain enough pregnancy leave. This inherent character of maternity leave makes it a very urgent issue that the federal government has taken very seriously. They made a tremendously progressive decision by extending pregnancy leave from 12 to 26 weeks. Although this is a positive step, there are still objections about the change, and it seems that India still has to address a number of other issues in the pregnant leave debate.