RAJIV GANDHI NATIONAL

UNIVERSITY OF LAW

FEMINIST LENS TO ANALYSIS OF MATERNITY BENEFIT ACT

SUBMITTED BY: SUBMITTED TO:

PREETKIRAN KAUR Ms. LOVEPREET KAUR
18124 Asstt. Prof. of Law
Group 19.
INTRODUCTION
ANALYSIS OF MATERNITY BENEFITS
ACT.
Extended leave from
twelve to twenty six Male Employee
SIGNIFICANCE weeks. SHORTCOMINGS
Preference.
Focuses on healthcare of
mother and child
Lack of clarity.
Adopts best
international practices.
Lack of enough
Encourages Female
labour force provisions to meet
participation breastfeeding
Medical bonus in case guidelines.
free medical care is
denied Applicability to
Two nursing breaks in unorganized
the course of a daily
work until the child is sectors.
15 months old.
 FEMINIST APPROACH TO THE MATERNITY
BENEFIT ACT.
FEMINISM - THE BELIEF THAT WOMEN SHOULD BE ALLOWED THE SAME RIGHTS, POWER, AND OPPORTUNITIES AS MEN AND
BE TREATED IN THE SAME WAY, OR THE SET OF ACTIVITIES INTENDED TO ACHIEVE THIS STATE.

PUBLIC-PRIVATE IMPACT OF THE ARGUMENT OF

DICHOTOMY DICHOTOMY ON FEMINIST LEGAL
• Worked on by CAROLE LABOUR LAW SCHOLARS
PATEMAN
JURISPRUDENCE • ‘Care’ too is a form of labour
• The dichotomy states : • Duty of both mother and father
Men are the bread • Maternity leave not a benefit
earners, thus have a • Productive labour superior
dominant role in public to reproductive labour but a ‘right’
sphere. • Word ‘labour’ restricted to • Reproductive and productive
the organizational and labour are at par with eaqch
• Women are child bearer
industrial labour other
and rearer, thus should
• Thus, recognizes maternity • Scholars such as Virginia Held
be confined to the
private sphere. leave as a ‘benefit’ call for an ideological shift
• ‘Care’ a biological duty of
the mother
JUDICIAL PRECEDENT :
SCHEMES ON
RD UPADHYAY v.
STATE OF AP MATERNITY BENEFIT
“Confined spaces, Confined • National Maternity Benefit
childhood” Scheme (NMBS)
• Rights of children of
prisoners • Janani Suraksha Yojana (JSY)
• Basic social, cultural and
educational needs should be • Indira Gandhi Matriva
fulfilled.
Sahyog Yojana (IGMSY)
• Children can stay with their
mothers only till the age of
six. • Pradhan Mantri Matriva
• As far as possible, pregnant Vandana Yojana (PMMVY)
women prisoners should be
temporary released.
 PARENTAL
LEAVE POLICIES
ACROSS THE
GLOBE

SWEDEN: 480 DENMARK: 4 weeks

before the expected
days of parental delivery and 14 weeks
post delivery.
leave with 80% 2 weeks leave can be
of their salary. claimed by father as well.

FRANCE: 16 weeks FINLAND:

off post delivery
Parental leave
with an average
pay of 94.2% of policy including a
their salary. maternity grant.
 SUGGESTIONS
ADEQUATE FUNDING

BREASTFEEDING GUIDELINES

ENSURE COMPETITIVENESS
APPLICABILITY IN THE
UNORGANISED SECTOR
PATERNITY LEAVE AND
INCLUSION OF TRANSGENDERS
AMALGAMATION OF
PROVISIONS IN DIFFERENT
NEED FOR PATERNITY BENEFIT LEAVE
• Sweden: First country to provide paid paternity leave.
• Upheld by Delhi HC in Chander Mohan Jain case.
• Rajeev Satav in the LS came up with Paternity Benefits Bill, 2017.
• Child is a joint responsibility.
• Promote the role of father in the upbringing of the child.
• A conducive and holistic atmosphere for the child.
• Central employees can claim paternity leave for 15 days.