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LATEST NEWS UPDATES | Pregnant women should not be sacked: Government panel by Mahendra Kumar Singh

Pregnant women should not be sacked: Government panel by Mahendra Kumar Singh

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published Published on Apr 10, 2012   modified Modified on Apr 10, 2012

To plug loopholes in the law on maternity benefits, a government panel has suggested an amendment forbidding the sacking of a pregnant employee on any ground. 

The Planning Commission's working group which had been asked to review the Maternity Benefit Act 1961 has also recommended increasing the duration of maternity leave, though it did not specify by how days it should be increased. 

The group wants the government to incorporate a clause in the Act, saying, "No woman should be discharged from service during the period of pregnancy on any pretext." 

A panel member said although the existing maternity law prohibits the sacking of a pregnant employee, there were many examples where employers have sacked pregnant women for 'misconduct' to avoid giving them maternity benefits. Under the existing law, a pregnant woman can be fired for gross misconduct. 

"The move is to plug this loophole and ensure protection to pregnant employees," the member said. 

The panel, headed by the women and child development secretary, was in favour of making maternity leave flexible, allowing a mother to take it according to her convenience. As of now, women are entitled to 12 weeks of paid maternity leave. 

"Review the Maternity Benefit Act 1961 with a view to increasing the number of days of leave that a woman worker can take and to give her the choice of utilizing the period of paid absence as per her convenience," the report said. 

The panel also wanted the government to sensitize the various committees for implementation of labour laws on issues relating to gender. These committees should be made functional and special cells should be formed to monitor implementation of legislation for women workers, the group suggested. 

During the 11th Five Year Plan period, the government has taken steps to ensure safe and secure motherhood through various schemes such as Janini Suraksha Yojana to encourage institutional deliveries and the Indira Gandhi Matritva Sahyog Yojana for conditional cash transfers to mothers during their pregnancy. 

Times View 

Women form an increasingly larger part of the workforce and that trend is only likely to accelerate in future. It makes sense therefore for societies to adapt to this development. Clearly demanding that women choose between work and motherhood is unfair. It follows that employers must adjust to the fact that women will need to take long periods off for maternity. This is a small price to pay as a society for bringing in women into the mainstream of paid labour.

The Times of India, 10 April, 2012, http://timesofindia.indiatimes.com/india/Pregnant-women-should-not-be-sacked-Government-panel/articleshow/12602331.cms


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