Streamlining childcare

While children embody absolute purity, without any discrimination or malice, they are the most susceptible to abuse and vulnerability, especially in remote areas, construction sites, and factories. Both Central and state governments should strive for better provisions and implementation of the same.

According to provisions of the Factories Act, 1948, establishments that employ more than stipulated number of women workers are to mandatorily provide and maintain suitable room/s for the use of children. The statute mentions that rooms will have to provide adequate accommodation, lighting and ventilation, be kept in clean and sanitised conditions, and should be under the supervision of women trained to take care of children, including infants. Riders include, concerned state governments may frame rules prescribing the location and the standards in respect of accommodation, furniture, equipment, construction etc. State bodies have also been empowered to make rules for additional facilities for care of children and women workers, such as suitable facilities for washing, changing their clothes, clauses for free milk, refreshment, and place for mothers to feed children at necessary intervals. Even at construction sites, akin to rules under the Factories Act, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, provides for similar provisions. These crèches are supposed to be made available to all categories of employees, including contract labourers, i.e., workers employed through third-party vendors. The Maternity Benefit Act, too, brought in conditions for day-cares for shops and establishments.

Promulgating legislation is important, but that cannot be an end in itself. Poor compliance of laws jeopardises both the employer’s working as well as the employee’s wellbeing. Indian labour laws are so numerous, complex and even ambiguous that they promote litigation and Inspector Raj instead of resolving problems related to industrial relations. Though provisions such as the BOCW Act, Factories Act, and Maternity Benefit Act have been duly framed by our legislators, they fail to serve their purpose in full spirit because of lack of implementation, and unawareness in various states. Labour authorities and industries have a great responsibility in ensuring the implementation of the provisions. It is a foremost requirement that information about these provisions is spread across the country, even to the remotest parts, through print and electronic media, sensitisation programmes etc. Mandates are required to be issued to authorities for ensuring implementation, including uploading of information about compliances on websites, along with updated records of each child.

Apart from this, regulation of Maternity Benefit Act, 1961, also needs harmonious compliance. For instance, the Act inter alia states that every woman returning to work post-delivery should be allowed to take breaks to nurse her new-born. However, these breaks mostly remain non materialised due to practical issues.

Furthermore, unorganised sector workers such as agriculturists, self-employed women, professionals, vendors, domestic labourers, etc. also need to be taken care of. Social security laws will lose their validity if the overwhelming majority of such people do not derive any benefit from the same. Most importantly, statutes should not leave grey areas with respect to coverage of casual, temporary, daily wagers etc. It’s important to have a comprehensive law that provides protection for such categories as well.

Strict penalties such as cancellation of license/registration should be included to ensure full implementation of the beneficial legislations. Directions should be given to labour authorities to ensure implementation of legal provisions, else there should be strict disciplinary actions. Just like there have been notifications under the Minimum Wages Act for uploading statutory data online, directions should also be issued to employers to upload information with respect to compliance of the above-mentioned provisos. There should be a deputation of inspectors checking each and every site on a regular basis and uploading data on soft copies. Like under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, there are provisions to upload information in annual reports; such stipulations should be added for compliances of creches and other provisions meant for benefit of children. Not only will such childcare benefit the future of the country, but also project our ethics the world over, making it exemplary.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal