Domestic Workers and Maternity Benefits in India: A Call for Reform

Domestic workers are the backbone of millions of homes in India, doing vital duties like childcare, cleaning, cooking, and elder care. Despite making up the majority of the workforce, which is estimated to number 50 million, these women continue to be among the most marginalized and unprotected groups in India's informal sector. One of the most significant problems they encounter is the absence of sufficient maternity benefits, which is indicative of larger structural flaws in labour laws.

The majority are women from economically disadvantaged backgrounds, including rural migrants and those from marginalized communities. Their work is characterized by long hours, low pay, and a lack of job security. There exclusion from mainstream labour laws, leaving them vulnerable to exploitation and without access to basic entitlements like maternity benefits.

Maternity benefits are crucial for ensuring the health and well-being of both the mother and child, as well as for promoting gender equality in the workforce. For domestic workers, who often balance precarious employment with family responsibilities, the absence of such benefits can lead to financial distress, health risks, and loss of employment during pregnancy and post-delivery recovery.

Legal Framework for Maternity Benefits in India

The Maternity Benefit Act, 1961 (modified in 2017) is the main law controlling maternity benefits in India. In addition to additional benefits like medical allowances and nursing breaks, the Act requires employers to offer women working in enterprises with ten or more workers 26 weeks of paid maternity leave. However, as the majority of domestic workers operate in private homes, which are not legally considered "establishments," the Act's applicability to them is restricted. Millions of domestic workers are left without statutory maternity rights as a result of this exclusion.

There have been some attempts to close this gap. Domestic workers are covered under the Unorganised Workers' Social Security Act of 2008, which also offers programs for maternity benefits. For example, pregnant women, including those working in the informal sector, can get financial aid under the Janani Suraksha Yojana (JSY) and Pradhan Mantri Matru Vandana Yojana (PMMVY). Subject to specific requirements, qualified women may receive up to ₹5,000 for their first child under PMMVY. However, many domestic workers are unable to access these programs due to their poor execution, lack of knowledge, and bureaucratic obstacles.

Some states have also implemented localized policies. For instance, domestic workers are covered by the welfare boards of Tamil Nadu and Maharashtra, which offer restricted maternity benefits. These benefits, however, differ greatly between states, and many employees are either uninformed of their rights or have trouble obtaining them because of a lack of paperwork or company cooperation.

Because their labour is informal and sometimes lacks formal contracts and legal protections, domestic workers have a difficult time obtaining maternity benefits. The majority work for private families that are not required to offer paid leave, and many times, neither employers nor employees are aware of the government's current programs. Awareness is further hampered by low literacy rates, communication difficulties, and restricted information availability. Many women who are economically vulnerable are forced to return to work soon after giving birth, putting both their own and their babies' health at danger. Furthermore, this underprivileged workforce is frequently denied maternity benefits due to uneven state-level implementation and exclusion from social security programs like the Employees' State Insurance (ESI) Act.

To ensure meaningful access to maternity benefits for domestic workers, a multifaceted approach is essential. This includes amending the Maternity Benefit Act to cover domestic workers and recognize private households as workplaces, strengthening state welfare boards to deliver standardized benefits, and launching awareness campaigns through NGOs and community networks. Integration into broader social security schemes like the ESI Act is pertinent, along with mechanisms to hold employers accountable—such as incentives or a nominal cess. Ratifying ILO Convention 189 would reinforce India’s commitment to decent work standards. Success stories, like SEWA’s micro-insurance model and Tamil Nadu’s welfare board, highlight the potential of coordinated action. A national policy recognizing domestic workers’ rights, including maternity protections, fair wages, and grievance mechanisms, is urgently needed to build an inclusive and just labour ecosystem.

In India, domestic workers are vital to households and the economy, but their contributions are frequently ignored and unprotected. Maternity benefits are a basic issue of gender equity and human dignity, not merely labour rights. India may take important efforts to guarantee that domestic workers have access to the maternity protections they are entitled to by improving welfare systems, changing current legislation, and increasing public awareness. In addition to being morally required, providing these workers with safe and fair working conditions is a step toward a society that is more inclusive and just.

References:

·       Government of India. (1961). Maternity Benefit Act, 1961 (Act No. 53 of 1961).  Ministry of Law and Justice, https://www.indiacode.nic.in/handle/123456789/1438

·       Government of India. (2008). Unorganised Workers’ Social Security Act, 2008 (Act No. 33 of 2008). Ministry of Law and Justice. https://www.indiacode.nic.in/handle/123456789/2106

·       Ministry of Health and Family Welfare, Government of India. (n.d.). Janani Suraksha Yojana (JSY).NationalHealthMission. https://nhm.gov.in/index1.php?lang=1&level=3&sublinkid=841&lid=309

·       Ministry of Women and Child Development, Government of India. (n.d.). Pradhan Mantri Matru Vandana Yojana (PMMVY). https://wcd.nic.in/schemes/pradhan-mantri-matru-vandana-yojana

·       Neetha, N. (2014). Domestic workers in India: A case for legislative protection. Economic and Political Weekly, 49(44), 49 56. https://www.epw.in/journal/2014/44/perspectives/domestic-workers-india.html

·       Self-Employed Women’s Association (SEWA). (2023). Annual Report 2022–23: Empowering Informal Women Workers. http://www.sewa.org/en/annual-reports

·       Tamil Nadu Government. (n.d.). Tamil Nadu Domestic Workers Welfare Board. Labour and Employment Department. https://www.tn.gov.in/scheme/beneficiary/127

This article is authored by Shubham Singh who participated at the “Law Over Coffee” workshop organized by Lets Learn Law. The views and opinions expressed in this piece are solely those of the author.