Maternity Protection in the Informal Sector – Indian Experience Dr. JP Dadhich MD (Pediatrics) National Coordinator, Breastfeeding Promotion Network of India (BPNI)

Female Labor Force Participation (FLFP) India 33%, Global 50%, SEA 66% (2012) 125 million of the 380 million working-age females currently employed Source: IMF, 2015 Source: http://data.worldbank.org

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

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

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 domestic work Less than 15 days 67% Rest taken before resuming household work outside home Less than 2 months 94% Rest taken before resuming wage labour Less than 6 months 22% Less than 12months 58%

The Constitution of India Article 42 “The State shall make provision for securing just and humane conditions of work and for maternity relief.”

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)

The right to maternity protection enshrined in various human rights treaties 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, and child-care as essential rights (Introduction and Art. 11.2).

Indira Gandhi Matritva Sahyog Yojana (IGMSY) – conditional maternity benefits 53/664 districts Cash Transfer Conditions Amount (INR) Means of Verification First Installment (In third trimester) 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 Second Installment (6 months after delivery) 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 MCP Card; self certification All pregnant and lactating women who are not getting such 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

The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 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

More needs to be done for the informal sector

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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