Maternity rights

The recent Supreme Court judgment in the case of K. Uma Devi vs State of Tamil Nadu marks a landmark shift in recognizing maternity rights as a Fundamental Right under Article 21 of the Indian Constitution. This ruling is significant because it underscores the constitutional duty of the state to provide maternity benefits, elevating the issue of maternal welfare to a matter of fundamental human dignity and equality.

Historical Context and Evolution of Maternity Rights in India:

• Maternity Benefit Act (1961):

  • The initial legislation aimed at regulating the conditions for working women during pregnancy and after childbirth. It provided 12 weeks of paid maternity leave and protected women from dismissal during maternity leave.

  • However, it primarily applied to women working in the organized sector, leaving out a significant portion of the female workforce in the unorganized sector (e.g., domestic workers, agricultural laborers, contract workers).

• Maternity Benefit (Amendment) Act (2017):

  • Increased paid maternity leave from 12 weeks to 26 weeks for women working in establishments with 10 or more employees, making India one of the few countries offering such an extensive leave duration.

  • This Act significantly improved protections for working women in the formal sector, but there are still gaps in coverage for those working in the unorganized sector.

Key Concerns and Challenges:

1. Organized vs Unorganized Sector Divide:

   • Over 90% of working women in India are in the unorganized sector, where the Maternity Benefit Act doesn’t apply. These women often lack formal employment contracts, health coverage, and awareness of their rights.

   • Domestic workers, agriculture workers, and those in informal labor markets suffer from insufficient or no maternity protection.

2. Financial Burden on Employers:

   • The employer-funded model for maternity leave, where the employer bears the full cost of paid leave, has raised concerns, especially for small and medium enterprises (SMEs). This has led to calls for a more sustainable financing model, possibly through social insurance or state-supported schemes.

3. Limited Paternity Leave:

   • India's maternity laws offer no corresponding rights for fathers. The absence of paternity leave continues to reinforce gendered caregiving norms and places an uneven burden on working mothers.

4. Enforcement and Awareness Issues:

   • Low compliance and awareness, particularly in non-metro regions and among women in informal sectors, mean that many are unaware of their rights or lack effective grievance redressal mechanisms.

Comparative Global Financing Models for Maternity Rights:

• According to a study of 82 countries, about 44% fund maternity benefits through social security contributions, while only 15%, including India, rely solely on employer funding. The employer-funded model is increasingly viewed as unsustainable, especially as the number of women in the informal sector grows.

Existing Financing Models and Initiatives in India:

1. Pradhan Mantri Matru Vandana Yojana (PMMVY):

   • A cash incentive of ₹5,000 to pregnant and lactating women for the first live birth, partially compensating for wage loss and promoting health-seeking behaviors.

2. Employees’ State Insurance Corporation (ESIC):

   • A more stable, employer-employee contribution-based model that provides 100% of daily wages for 26 weeks of maternity leave for women in the formal sector. However, it’s limited to those working in establishments covered by the ESIC scheme.

3. Maternity Benefit Fund (Proposed):

   • The proposed Maternity Benefit Fund aims to support SMEs and the informal sector by pooling contributions from the government, employers, and employees. This would create a more inclusive and sustainable financing model.

4. Dr. Muthulakshmi Reddy Maternity Benefit Scheme (Tamil Nadu):

   • A state-specific initiative offering ₹18,000 in phased payments, significantly higher than the central allocation.

Supreme Court Observations and the Legal Shift:

• Maternity as a Fundamental Right: The Court declared maternity rights as part of the right to life and dignity under Article 21 of the Constitution, thus elevating its legal status and enforceability.

• The Court’s Reference to International Norms:

  • It referenced key international conventions such as the Universal Declaration of Human Rights, CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women ) and the ILO Maternity Protection Convention (C183).

  • The Court noted that 123 countries offer fully paid maternity leave, benefiting 90% of mothers globally. This aligns India with the best practices globally and strengthens its case for further reforms.

• The Maternity Benefit Act, 1961 was reaffirmed as the normative framework, and the State was recognized as constitutionally obligated to implement maternity benefits non-discriminatory manner across various employment sectors.

Way Forward:

1. Public Financing and Social Insurance Models:

   • A move toward social insurance models and public financing schemes could help relieve the financial burden on employers, particularly SMEs, and make maternity benefits more sustainable and equitable.

   • The World Social Protection Report 2024–26 by ILO suggests tax-financed or contributory schemes that can provide universal coverage.

2. Inclusive Coverage:

   • Expanding coverage to women in the unorganized sector remains a critical challenge. Social protection schemes, like the Maternity Benefit Fund, should be extended to include informal workers to ensure they don’t miss out on maternity benefits.

3. Gender-Equal Policies:

   • India needs to introduce and improve paternity leave policies to create a more gender-balanced approach to caregiving, thereby reducing the disproportionate caregiving burden on mothers.

4. Awareness and Enforcement:

   • There needs to be a strengthened enforcement mechanism and awareness programs, especially in rural and informal sectors, to ensure that women know their rights and can effectively claim maternity benefits.

5. Global Comparisons:

   • India’s position is improving compared to the International Labour Organization’s (ILO) standards, but as the Supreme Court judgment suggests, there is still a long way to go. Continuous reforms and monitoring are necessary to align with global best practices.

In conclusion, the Supreme Court's K. Uma Devi judgment is a significant milestone in recognizing maternity rights as a fundamental right, setting the stage for more inclusive, sustainable, and gender-equal policies in India. However, it also highlights the need for structural reforms, especially regarding the financing of maternity leave and extending coverage to the informal sector.