February 2016 Woman At Work Digital

y their employers, either through
unlawful termination or forcing them
to resign by altering working
conditions beyond their endurance.A
country that worships married heroes
even in their 50s, 60s and 70s and
conveniently discards a heroine the
moment she is married, is a glaring
example of the popular mindset.It is
these realities that make one
contemplate whether the latest
government proposal to increase
the three month maternity leave to
eight months for working women
under the Maternity Benefits Act,
1961, will truly benefit women
employees or add to the persistent
gender gap disparities further
worsening their already glooming
employment prospects.
Yes, we do have a
comprehensive law. The Maternity
Benefits Act, 1961, enumerates
varied provisions, like employer
can neither dismiss a woman
employee during pregnancy nor
vary any condition of service to
her disadvantage, an aggrieved
woman can file a civil or criminal
suit, offenders can be imprisoned
or fined.
However, the question is how
successfully has the Act been
implemented throughout the
country, especially in the light of
the fact that it addresses women
working only in the organised
sector, while majority of the
female workforce is employed in
the unorganised sector.
Yes, we do have a vigilant
judiciary as well. In 1991, the
Supreme Court ruled in favour of
the pregnant employees in the case
of Neera Mathur vs. Life
Insurance Corporation of India,
while in 2012,when Indrani
Chakraverty brought a criminal
case against her employer the
Idiom Consulting Ltd. for
violating the Maternity Benefits
Act, the Delhi High Court ordered
that she should be paid Rs 7.5 lakh
as settlement if the criminal
proceedings were to be dropped.
However, the question is how
many women are able to actually
take the offenders to court,
especially in the light of the fact
that post delivery, besides health
issues, the woman in India is
already grappling with family
and societal pressures.
The need of the hour is not a
raise in the number of days of the
maternity leave but a rise in the
standards of implementation of
the existing law, in order to
comprehensively safeguard the
female workforce in the
organised and unorganised
sectors alike.
Post pregnancy incentives
should not be limited towards
enabling women to resume work
and barely survive, by engaging
them in less important
endeavours. Rather, efforts
should be proactively directed
towards encouraging them to
take up ambitious roles fully
maximising their expertise and
experience.
manojwad@jswad.in
Tips to Remember:
Be vigilant while entering into service agreements.
Maintain vital records:
Copy of Service Agreement, e-mails, any other relevant correspondence with your employers.
Hire professional help to assist you in exercising your rights under the law.
44
| February 2016