Message at the Tripartite consultative workshop on Maternity Protection in India

• Dr. Harcharan Das, Laboour Comissioner, Govt of UP
• Mr. Gauram Roy, Director, MOLE, GOI
• Represetaitves of workers and employers organizations
• Participants, Colleagues, Ladies and Gentlemen,

I am very glad to be here to participate in this important national tripartite workshop on maternity protection in India. At the outset, I would like to convey our appreciation to MOLE and TISS for conducting the study on maternity protection India in collaboration with the ILO.

Gender inequality in the labour market is a universal feature. It is widely acknowledged that maternity discriminates against women in the world of work.

Maternity protection is recognized as an essential pre-requisite for women’s equal employment opportunity. Rights to maternity protection have seen a progressive inclusion of all women workers over the years through the updating of various international instruments such as the International Labour Conventions No. 3, No. 102, No, 103, No. 183 that currently enshrines the most comprehensive framework. Further, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) highlights the rights of working women in relation to their reproductive functions. It is also reflected in national legislations of most countries around the world. In 1975, ILO member States adopted a Declaration on Equality of Opportunities and Treatment for Women Workers firmly expressing that equality of opportunity and treatment of women requires the elimination of maternity as a source of discrimination and the protection of employment during maternity. This was reiterated at the 92nd International Labour Conference (2004) in a resolution adopted by the member States calling on all governments and social partners to advance gender equality in the world of work with a particular attention to access for all women to maternity protection, to develop gender sensitive social security schemes and to promote measures to better reconcile work and family life.

In addition, the United Nations Social Protection Floor initiative and the recent instrument Social Protection Floors Recommendation 2012 (No.202) concerns National Floors of Social Protection seek to extend a basic set of nationally determined social security guarantees comprised of essential health care and income security for vulnerable and unprotected people, including maternity care.

Maternity protection at work is a fundamental human right for all women. It is a prerequisite for gender equality in the world of work. Maternity protection not only helps to improve mother and child health but also contributes to economic growth and poverty reduction. The Decent Work Agenda of the ILO integrates maternity protection as a critical element.

We all know that the most productive years of a woman’s life are also the reproductive years. Hence, maternity protection is not only a health issue but an equality issue as well. While it is essential that expectant and nursing mothers receive health protection to prevent harm to their or their infant’s health, it is as important that they have some form of income replacement, employment security, and protection from arbitrary dismissal. Such protection not only ensures a woman's equal access to employment, it also ensures the continuation of often vital income which is necessary for the well-being of her entire family. Safeguarding the health of expectant and nursing mothers and protecting them from job discrimination is a precondition for achieving genuine equality of opportunity and treatment for men and women at work and enabling workers to raise families in conditions of security. It is a fundamental pillar of inclusive growth underlines in India’s 11th Five-Year Plan and the forthcoming 12th Plan.

The Government of India has put in place a number of measures to ensure a comprehensive approach to cover as many workers as possible both in the formal and informal economy. The Indian Constitution under the Directive Principles of State Policy provides that States shall make provisions for securing just and humane conditions of work and for maternity relief. Besides, there are two main Acts that govern this provision which are: The Maternity Benefit Act, 1961 and the Employees State Insurance Act 1948. In addition to these legislations, the Government of India and state governments have been implementing various schemes to promote maternity protection, namely, RSBY, IGMSY (a conditional maternity benefit scheme), coverage under various central and state-administered Welfare Boards like Construction Workers, Domestic Workers Welfare Boards.

Similarly, Trade unions and employers and their organizations are essential and valued partners in efforts to realize maternity protection at work. The Employers are responsible for adopting workplace policies and providing the framework for workplace rules and actions to prevent and avoid pregnancy-related discrimination and risks to health. Employers’ organizations also provide valuable contributions to international and national debates and laws on maternity protection, and help to facilitate communication between employers and government.

Trade unions play a critical role in contributing to international and national debates and maternity protection laws, facilitate communication between workers, employers and government, and promote awareness of maternity protection and its inclusion in collective bargaining agreements and workplace policies.

The roles of civil society are wide-ranging, from NGOs engaging in policy research, raising awareness, or monitoring discrimination complaints to community-based programmes helping to implement maternity protection by setting up breastfeeding programmes or crèches.

I am confident that the recommendations of the study carried out by the Ministry of Labour and Employment jointly with the ILO and other initiatives which are going to be discussed in this workshop would bring all stakeholders, especially ILO’s tripartite constituents together to converge their efforts in extension of maternity protection to not only women workers but also to spouses of male workers.

ILO would be very pleased to collaborate closely with all stakeholders in taking forward the recommendations of this workshop particularly in relation to increasing coverage and effectiveness of maternity protection and to promote a nationally determined Social Protection Floor which in principle has been agreed by the Government of India, Workers’ and Employers’ Organizations.

I wish you have a meaningful deliberation in this workshop and all the success in your future endeavours in extension of maternity protection.

Thank you.