Maternity Entitlements for Women Working in the Unorganised Sector; the Indian Case Study Dr Vandana Prasad (MRCP Ped, MPH) Member, National Commission for Protection of Child Rights SECTIONS  Conceptual issues:     For whom? (Woman? Child? Both? Society? For what objectives? (wage compensation? Health objectives? Nutritional objectives? Why? Operational issues: how Conceptual Issues • Women’s labour right; protection of employment and social support during pregnancy, delivery and lactation • Impact on maternal morbidity and mortality • Impact on birth weight • Impact on exclusive breastfeeding and thus on neonatal and infant mortality, growth and development FINAL ANALYSIS Wage compensation for support to exclusive breastfeeding and early childcare is the only concept that can fully justify maternity entitlements. (nutrition and health for child is primary conceptual objective, partially health for mother) Indian Benchmark; Recommendations Sixth Pay Commission • The existing ceiling of 135 days Maternity Leave provided in Rule 43(1) of Central Civil Services (Leave) Rules, 1972 shall be enhanced to 180 days. • Leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) that can be granted in continuation with Maternity Leave provided in Rule 43(4)(b) shall be increased to 2 years. • Women employees having minor children may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service for taking care of upto two children whether for rearing or to look after any of their needs like examination, sickness etc.. During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. It may be availed of in more than one spell. Child Care Leave shall not be debited against the leave account. Current Inequities • Applicable to a very small number of women (about 0.15% in the civil services) • Back of envelope costs for child care leave about Rs 12 lakhs per woman central government employee • As against zero financial entitlements for over 90% women working in the informal sector CURRENT SCHEMES  • • • Indira Gandhi Matritva Sahyog Yojana (IG support to maternity scheme): Promoting appropriate practices, care and service utilisation during pregnancy, safe delivery and lactation Encouraging the women to follow (optimal) Infant and Young Child Feeding (IYCF) practices including early and exclusive breast feeding for six months Contributing to better enabling environment by providing cash incentives for improved health and nutrition to pregnant and nursing mothers. No wage compensation / labour / equity considerations Inclusion and Exclusion • BPL only • Age under 19 yrs • Unwritten targets for family planning still persist as well as two child norm in policy • Tends to exclude a woman delivering at home PRELIMINARY FINDINGS FROM A STUDY ON THE IGMSY FROM AN EQUITY AND ACCOUNTABILITY PERSPECTIVE IN 4 SELECTED DISTRICTS OF FOUR STATES (NAMMHR)   48% women will be ineligible if exclusion criteria of 2 child norm and age over 19yrs as per IGMSY are adopted (Lingam and Yelamanchili, 2011) Women who are forced to go back to work early are not in a position to provide enough care for their infants by following exclusive breastfeeding or even sufficient care since there is a lack of facilities like crèches or day cares where the children can be kept safely or attended to at regular intervals. Thus this work is often done by older children who forego school and attend to other domestic chores or take care of the infants.   After the birth of the infant despite the loss of incomes women choose to stay back foregoing precious money that is necessary for the survival of the family as a whole. This cost may be covered by additional burdens that other family members both children and adults might have to undertake or else through loans taken at considerable interest rates. This means a further depletion of assets and future incomes criteria for eligibility are in fact leaving out some of the most vulnerable women and penalising them for making choices that are shaped by the imperatives of survival. The study findings clearly show that maternity is a time of great economic vulnerability and at the same time it is also a period of increased expenses; which has often resulted in further impoverishment of poor women and increased indebtedness. . Recommendations • Objectives of maternal entitlements should be clear and consistent with the concept of wage compensation • Universality is desirable and achievable and should not be compromised by adding conditionalities not related to the concept of maternity entitlements (institutional delivery etc) • Wage compensation should be adequate and equitable (6th Pay Commission) Recommendations Contd. • Good implementation should be commensurate with objectives – capacity building for purpose of the scheme; linking it to EBF and wage compensation – prevention of delays • Health care services should be made free and available to all so that money is spent on nutrition and not on seeking health care. Thank You!