Maternity Protection Convention 1919

C003 - Maternity Protection Convention, 1919 (No. 3)

This Convention concerns the Employment of Women before and after Childbirth. The provisions of this convention are applicable to all public and private industrial (includes mines, quarries, construction sites, etc.; defined in Sub-Section 1 of Article 1) and commercial undertaking (includes any place where articles are sold or where commerce is carried on; defined in Sub-Section of Article 1)

The 1919 convention provides that a woman-

• shall not be permitted to work during the six weeks following her confinement; [Article 3(a)]

• shall have the right to leave her work if she produces a medical certificate stating that her confinement will probably take place within six weeks; [Article

According to the revised convention every woman irrespective of age, nationality and status in public or private, industrial or commercial undertaking was required to be absent for a period of six weeks after the child birth and allowed to be absent for a period of six weeks prior to child birth [Article 3(3)]. For such absence she was to be paid full benefits sufficient for the full and healthy maintenance of herself and her child[Article 4(2)]. These benefits were to be paid either out of public funds or be means of a system of insurance but the exact amount was to be determined by the competent authority in each country [Article 4(4)]. Additional benefits like free attendance by doctors and midwives, and two nursing breaks of half an hour’s per day were provided, and no employer could dismiss a woman for such absence [Article 4(3)]

Maternity benefit act, 1961

The Object of the Act is to protect the dignity of motherhood and the dignity of a new person’s birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.

Benefits under the Act:

Cash Benefits

• Leave with average pay for six weeks before and after the delivery [Section

Firstly, the duration of leave must be extended in order to allow a mother to fully recover and recuperate as well as efficiently nurse her new born child. Within this, the duration of post natal period must be extended keeping in mind factors like rise in number of late marriages, ceasarean births, nuclear families and increasing urbanization. In the 44th Indian Labour Conference, held in February, 2012, it has been recommended that Maternity Leave under the Maternity Benefit Act be increased from the present level of 12 Weeks to 24 Weeks.

2. Secondly, The MBA does not comply with international standards and there are huge gaps in its implementation as the entire responsibility of the Act rests with the employer. Placing the entire burden of providing maternity benefit on the employer is akin to giving him an incentive to not provide any benefit at all. Thus, the cost of maternity protection should be shared amongst different agencies through some form of social insurance scheme or general taxation.

3. Thirdly, the responsibility of child care is often singularly put upon women. This reinforces patriarchal notions and stereotypes and also enhances the discrimination they face from employers. In order to reduce these factors, the Act should also make a provision for paternity leave and follow a more egalitarian approach. Also, protection should be available to persons who adopt