The Right to
Food Campaign expresses deep disappointment over the truncated Maternity
Benefits Programme (MBP) that was approved by the Cabinet yesterday. Maternity
benefits of at least Rs. 6000 for all pregnant and lactating women (except
those working in government/public sector undertakings) have been a legal
entitlement for almost four years now, guaranteed under the National Food
Security Act (NFSA, 2013).
Despite
this, there was no scheme formulated to deliver this entitlement by the central
government. Only the Indira Gandhi Matritva Sahyog Yojana (IGMSY) a pilot
scheme in 53 districts continued to be implemented. The Prime Minister in his
speech on December 31st announced expansion of maternity
benefits to all districts without making any reference to the NFSA. Since then
there have been indications that there will be a number of exclusions, a fear
expressed by the RTFC as well in response to the underfunding of the scheme as
reflected in the annual budget.
The cabinet
approved MBP goes against the letter and spirit of the NFSA. Firstly, it is
restricted to only the first birth. There is no justification for this other
than keeping the financial obligations to the minimum. All conditionalities
attached to the current IGMSY scheme such as two child norm and age of marriage
have been shown to be fundamentally discriminatory to both women and children
affecting the most marginalised and vulnerable women large from socially
discriminated communities such as SC, ST and minorities putting their lives to
risk. In the process of universalisation rather than withdrawing all
conditionalities from IGMSY, the new scheme makes it even more restrictive.
In another
unwarranted move, the MBP has also been linked to institutional deliveries,
possibly to further reduce the funds allocated, and therefore merged with the
Janani Suraksha Yojana (JSY). The JSY is an older scheme that was started with
an entirely different purpose which was to incentivise institutional deliveries
whereas the MBP is intended to provide wage compensation, just as it does in
the formal sector and has been included in the NFSA as a minimum of Rs 6000 for
that purpose alone. Based on data from the latest National Family Health
Survey, 21% of children born at home are already ineligible for JSY.
The
Maternity Benefits Act (MBA) was recently amended to expand the maternity leave
from 17 weeks to 26 weeks. While this was
a welcome move, the MBA covers only about 18 lakh women in the organised sector
whereas over 2.7 crore deliveries take place in India each year. The maternity
benefits act does not include in its ambit more than 95% of women in the
country who are in the informal sector. When the requirement of six months of
paid leave has been accepted for women in the formal sector (public and
private), it is unacceptable that a wage compensation of less than half of
minimum wages, that too only for one birth should be the norm for the rest of
the women in the country. In fact, the modest maternity entitlements under MBP
are barely equivalent to five weeks of minimum wages in Bihar [compared to the
more than 6 months of paid leave offered in the formal sector]. Such
meagre wage compensation in light of the amendment to the Maternity Benefit
Act, would in fact amount to discrimination and inequality of law under article
14 of the constitution.
The campaign
demands universal, unconditional maternity entitlements equivalent to wages for
a minimum of six months at no less than the prevailing minimum wages. Maternity
entitlements must be seen as a right for all women and also as wage
compensation for those in the unorganised sector.