By Melarbor L Thabah
As per the latest census from the Directorate of Economics and Statistics of Meghalaya as of March 31,2022 there are 60,836 permanent and non-permanent employees. Out of this stat, 21,734 are female employees which is around 36%. Out of these females; 3,851 females are non-permanent employees which is around 18%. It is imperative that the Maternity Statute of the state adopts the Amended Maternity Benefit Act of India, 2017 which grants the following:
(1) 26 weeks for the first two surviving children,
(2) 12 weeks for the third surviving child
(3) 12 weeks for Adoptive/Commissioning mothers who legally adopt a child below 3 months old
(4) 6 weeks in case of Miscarriage or Medical Termination of Pregnancy
(5) Extended leave for first time mothers in case of pregnancy or delivery complications
(6) Work from Home Provision if task permits, with employer’s consent
(7) Visit to Creche facilities / Nursing Breaks during working hours in an organization with more than 50 employees
(8) Qualifies a woman for maternity leave only after working at least 80 days with the employer in the 12 months before her expected delivery date.
In furtherance, the Maternity Benefit Act 1961 and its amended version of 2017, calls for
(a). need to have a notified maternity leave in the states which must be uniform in relation to all other establishments in a state by the state government
(b) no dismissal nor wage deduction during pregnancy for public or private employees and if an employer be it public or private establishment does not pay maternity benefit amount or dismisses an employee during maternity leave, then he can be punished with imprisonment for up to 1 year and fined 5,000 rupees
(c) An Office of the Inspector may be appointed to deal with any maternity benefit infringement by any establishment with no obstruction to the inspector
(d) Applicability of this act to women working in all public and private establishments be it offices, factories, mines, plantations, shops, establishments, equestrian, acrobatic, other performances, in which 10 or more people are employed.
An implementable Maternity Benefit Act will enable women to take care of themselves, their child, if mother or baby or both are sick, a caesarean mother and nuclear families with both working parents for permanent and non-permanent women staff serving in public and private establishments. It is extremely important to note that non-permanent public / private female workers are no different biologically from permanent female counterparts who require the same care and face the same diseases as permanent women staffers do. I have pinpointed this because there are departments currently within the state which at present, grant no maternity leave to non-permanent female employees. There are other departments who vary in their grants of maternity leave varying from one to three months or six months maternity leave for the first two children. What all departments have in common is that they grant no maternity leave at present for having a third child for both permanent and non-permanent female employees alike.
The Supreme and High Courts in their various rulings have never made any differentiation between permanent and non-permanent (Ad hoc/Casual/Contractual/Daily Wage/Muster Roll) female government employees in terms of “Paid” maternity leave days awarded but accorded them the same maternity rights. Sections 3 and 5 MB Act 1961form the basis of the Supreme Court and the many High Courts which ruled in favour of the non-permanent staff. I am citing one example each of the five types of Non-Permanent Employees whom Courts have ruled in favour.
For Muster Roll Employees: The famous case of Municipal Corporation of Delhi Vs Female Workers and Ors by the Supreme Court in 2000 held that the activity of Delhi Municipal Corporation of construction, road repairs or digging of trenches fall within the definition of ‘industry’ hence, women working in Muster Rolls should be given the benefit of the maternity benefit law.
For Casual /Daily Wage Employees: In 2015, the Central Administrative Tribunal, Principal Bench at New Delhi in the case of Swati Ors Vs Government of NCT, Delhi Ors held that women engaged on Casual Basis or Muster Roll Basis on Daily Wages, are entitled to get the benefit of maternity leave at par with regular employees.
For Contractual Employees: In 2019, the Kerala High Court in Jeslin Jose Vs Cochin Port Trust held that Contractual Employees are entitled to 26 weeks of maternity leave.
For Ad Hoc Employees: In a significant judgment that came to the aid of women who are employed, the Delhi High Court held that Ad-Hoc Employees are entitled to maternity benefits under the Act, beyond the period of contract for a pregnancy occurring during the tenure of employment since the object of the Maternity Benefits Act is to grant benefits.
It is noteworthy that the state governments of other states had implemented the Maternity Benefit Act, 2017 which is highly commendable because implementation of the points aforelisted in the statute will be a boon to women’s rights, decreases maternal and child mortality and simultaneously improves maternal and child health by leaps and bounds on the fact that the health of the children is inextricably linked to the health of the mother. It is worth little to have innumerable seminars and conferences on maternal and child health when the fundamental right of a mother and child is overlooked by not implementing the Maternity Act which deals with “lives of women and children and is not a mere administrative matter”. It is earnestly prayed that their inalienable rights will be recognized through this act.
