By Melarbor L Thabah
During the past years in Meghalaya, it was observed that there was no uniform maternity leave for female staff applicable to all state government instruments and private establishments either of individuals or groups as per the Amended Maternity Benefit Act of 2017 and the Maternity Act of 1961. For non-permanent state employees, it was observed that different departments grant different maternity leaves ranging from one month to three months with some departments not granting any maternity leave at all and these female employees would have to take Casual Leave or Pay Cut. It is in this context that I would to draw the attention of the esteemed readers about the necessity of having a uniform maternity leave applicable to all permanent -non permanent state government female staff and female private workers. As per the latest census from the Directorate of Economics and Statistics of March 31,2022; there were 60,836 permanent and non-permanent state government employees. Out of these,21,734 are female employees which is around 36%. Out of these female employees,3,851 of them are non-permanent staff which is around 18%.Taking into consideration all the data, I hope that the due Labour announcement for the Maternity Benefit Act in the state will be as per the National Maternity Benefit Act of 1961 and its amended version of 2017 which states that this act should contain the following, namely: (a).26 weeks maternity leave for the first two surviving children, (b).12 weeks maternity leave for the third surviving child, (c).12 weeks maternity leave for Adoptive/Commissioning mothers who legally adopt a child below 3 months old. (d). 6 weeks maternity leave in case of Miscarriage or Medical Termination of Pregnancy (e). Extended maternity leave for first time mothers in case of pregnancy or delivery complications, (f). Work from Home Provision if task permits with employer’s consent, (g). Visit to Creche facilities / Nursing Breaks during working hours in an organization with more than 50 employees, (h).Makes No Distinction between permanent and non-permanent (Adhoc/Casual/Daily Wage/Contractual/Muster Roll) in terms of “Paid” Maternity Leave days awarded as their permanent counterparts with Section 3 (n)&5;Maternity Benefit (MB)Act 1961forming the basis of the order of the Supreme Court and many High Courts in favour of the non-permanent staffs. Incorporation of the important points in letter and spirit aforementioned in the due notification will be favorable to Women’s Rights, results in decrease of maternal and child deaths and an improvement in maternal and child health.
The 1961 MB Act calls for: -(i). The need to have a notified maternity leave in the states, which must be uniform, (ii).Application of this Act in relation to all other establishments in a state by the state government, (iii) An employer be it public or private establishments must pay maternity benefit amount and not dismisses an employee during maternity leave and if contravened; then the employer can be punished with imprisonment for up to 1 year and fined 5,000 rupees(iv). An Office of the Inspector may be set up to deal with any maternity benefit infringement by any establishment applicable for obstruction of the inspector’s investigation, (v). Applicability of this act to women working in all state public / private establishments like factories, mines, offices, plantations, shops, establishments, equestrian, acrobatic, other performances, in which 10 or more people are employed, (vi)No dismissal during pregnancy and no wage deduction for non-permanent state or private employees.
An implementable Maternity Benefit Act in the state will enable women to take care of themselves, their child, if the mother or baby or both are sick, caesarean mother and nuclear families with both working parents living in rented house for permanent/ non-permanent women serving in public/private establishments. Non-permanent public/ private female workers are no different biologically from permanent female workers who require the same care and face the same diseases as permanent women staff. The state governments of other states had implemented the Maternity Benefit Act, 2017.
In the interest of equity within a democratic nation, improving women and child health, reducing maternal and child mortality below national levels; it is hoped that Meghalaya implements the Maternity Act in line with national standards. It is not worth having innumerable seminars /conferences on maternal /child health when the basic fundamental right of a mother and child is overlooked by not implementing the Maternity Act which deals with “Women and Child Lives” and is not a mere “Administrative Matter”. This is issued in the interest of women and child health and their inalienable rights.
