• UGI USER
  • Apr 30, 2024
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“ADDRESSING INEQUALITY: CONSTITUTIONAL RIGHTS OF WORKING MOTHERS AND THE CARE ECONOMY”

Syllabus: 

  • GS-2- Women issues and efforts by various agencies  
  • GS-3– Child care leaves and economy

Focus :

The article explores the constitutional rights of working mothers in India, focusing on childcare leave policies and the imperative of investing in the care economy. It evaluates the gendered norms embedded in existing policies, challenges in implementation, and the need for broader recognition of childcare as a social responsibility to address inequality.

 Source-TH

Introduction:

  • The primary responsibility of child-rearing falls on mothers in India.
  • The government offers Child Care Leave (CCL) to female employees for up to 730 days over their service period.
  • The CCL policy recognizes the significant caregiving role of mothers.

Gendered Policies and Inequitable Norms:

  • CCL predominantly benefits mothers, reinforcing gendered caregiving roles.
  • Men qualify for CCL only as single fathers, perpetuating traditional gender norms.
  • Offering CCL to fathers may not ensure their active involvement in childcare tasks, leading to concerns about inequity.

Recognition of Extra Care Work:

  • Mothers undertake additional childcare tasks alongside their other household responsibilities.
  • CCL aims to recognize and accommodate this extra work within the workplace.
  • Recent Supreme Court rulings affirm CCL as a constitutional right for working women.

Challenges and Complications:

  • CCL provision is not binding on states, leading to discrepancies in its implementation.
  • Denial of CCL to a government employee in Himachal Pradesh raises questions about its applicability.
  • The constitutional recognition of CCL raises concerns about its absence in the private sector.
Government initiatives :

1. PMMVY-(Pradhan Mantri Matru Vandana Yojana)-

  • The Ministry of Women and Child Development oversees the implementation of this centrally sponsored program.
  • All pregnant women and lactating mothers (PW&LM) are eligible to receive benefits; however, those who work regularly for the federal, state, or local governments, PSUs, or who receive equivalent benefits under any currently enacted law are not included in this category.

2. Maternity Benefit (Amendment )Act ,2017–

  • It changed Section 5 of the previous Act to permit paid leave for 26 weeks following childbirth, but only for biological mothers.
  • Additionally, it added clauses to Section 5(5) that permit women to work from home when their allocated tasks fall into that category.
  • The modified Act mandates that every business with fifty or more employees have a creche, and the employer must permit the employee to visit the creche four times a day in addition to taking breaks for relaxation.

Scope and Implementation:

  • The Maternity Benefit Act and POSH Act apply to establishments with ten or more employees.
  • However, the majority of Indian firms are micro-enterprises with fewer than ten employees.
  • Pro-women laws may inadvertently worsen employer bias against women in larger establishments.

Addressing Childcare Burdens:

  • Recognize: Acknowledge childcare as a social responsibility beyond individual burden.
  • Reduce: Redistribute childcare responsibilities within households and communities.
  • Redistribute: Invest in accessible, affordable, and quality childcare facilities.

Investing in the Care Economy:

  • The care economy requires investment to support working mothers.
  • Quality childcare facilities, both public and private, are essential for easing childcare burdens.
  • Recognizing childcare as a social need ensures the realization of constitutional rights for mothers.

Conclusion:

  • Recognizing the caregiving role of mothers and investing in the care economy are crucial steps towards addressing inequality.
  • Constitutional rights for working mothers must translate into practical measures to alleviate their childcare burdens.

Source:The Hindu

Mains Practice Question :

GS-3

“Discuss the constitutional rights of working mothers in India in the context of childcare leave policies and the importance of investing in the care economy to address inequality. Evaluate the challenges and implications of implementing childcare leave provisions in both the public and private sectors.” (250 words)