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Social Justice

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June 30, 2018

India’s Maternity Benefits law will do more bad than good. Critically evaluate. (200 words)

Refer – Financial Express

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IAS Parliament 6 years

KEY POINTS

Maternity Benefits (Amendment) Act, 2017

·        Needs of working mother at the centre stage – provides women, 26 weeks of paid maternity leave, as opposed to the earlier 12 weeks.

·        Reinforced the work-life balance – mandates workplaces to have creches

·        allowed women to work from home under mutually agreed terms

·        aims to encourage retention of women in the work force

Outcomes

·        Of course, the amendment has supported the retention of women in the work force — the retention rate of women has increased to 56 percent from 33 percent.

·        However, the negative impact has been that new women are being turned away from joining the work force.

·        The policy disincentivises companies and organisations from hiring more women.

·        Thereby, contributing to the further decline of the female Labour Force Participation Rate (LFPR).

Issues in the Act

·        It ignores the patriarchal nature of Indian industries.

·        It doesn’t provide for a risk mitigation design for this decline in LFPR.

Way Ahead

·        Many of India’s competitors don’t offer similar benefits.

·        For example, the US provides up to 12 weeks leave, but that is unpaid.

·        China mandates a 14-week maternity leave with a maternity allowance.

·        Indeed, many countries, such as Canada and the UK bear either part of the parental-benefit costs or reimburse employers.

·        India would possibly be able to better its female workforce participation if it did the same instead of making employers shoulder the entire responsibility.

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