Special Leave Provisions for Working Women: Bane or Boon in Achieving Gender Equity

Abstract

Article 1 of the Universal Declaration of Human Rights reminds us that “All human beings are born free and equal in dignity and rights”. This clearly indicates that gender differences are a societal constructs. Since historically a very andocentric approach was taken in framing of laws and policies the Convention on Elimination of Discrimination against Women inter alia specifically recognizes common responsibility of men and women in the upbringing and development of their children while recognizing in Article 5, maternity as a social function. This was done to dispel the myth that the role of women is majorly confined to caring and rearing of children thereby perpe- tuating the private-public sphere dichotomy. It is in this context that this paper examines the role of maternity leave and child care leave given to female employees under the Maternity Benefits Act 1961 and Central Service Rules 2011 respectively in India, and how does this impact their emplo- yment opportunities especially in academic institutions. The paper argues that these osten-sible beneficial provisions actually cater to gender role of motherhood assigned to women and are disadvantageous to women in securing and sustaining jobs in the market. In spite of the fact that India ratified CEDAW, the state legislated for child care leave to be availed only by women so that child rearing continued to be a “women function”. This acts a double whammy where woman is not only trapped in a gender role but also loses out on employability. The appointing board, which is more often than not, is male dominated, sees their employment as burden on the resources as these are paid leaves. This fact remains hidden from the popular discourse, as this practice goes undocumented with no visible proof. It can only be discerned by an empirical analysis of the male- female ratio in different job sectors, including academic institutions, especially in positions of responsibilities like, research heads, vice chancellors and administrative heard in institutions. This paper analyses the special leaves for women, their genesis and the implications that these have on the employment and promotional opportunities for women in India.