This paper is published in Volume 1, Issue 2, 2018
Area
Law
Author
Anagha Pedgaonkar
Org/Univ
M P Law College, Aurangabad, Maharashtra, India
Pub. Date
08 May, 2018
Paper ID
V1I2-1155
Publisher
Keywords
Women in India, Crèches, Legal framework, Legal solution, Hidden barriers.

Citationsacebook

IEEE
Anagha Pedgaonkar. Maharashtra crèches bill, 2018 – Legal avishkar for governing effective functioning of crèches, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJERnD.com.

APA
Anagha Pedgaonkar (2018). Maharashtra crèches bill, 2018 – Legal avishkar for governing effective functioning of crèches. International Journal of Advance Research, Ideas and Innovations in Technology, 1(2) www.IJERnD.com.

MLA
Anagha Pedgaonkar. "Maharashtra crèches bill, 2018 – Legal avishkar for governing effective functioning of crèches." International Journal of Advance Research, Ideas and Innovations in Technology 1.2 (2018). www.IJERnD.com.

Abstract

In India, women make up 24% of India’s workforce. But only 5% of them reach the top layer, compared to the global average of 20%. Within South Asia in 2013, India had the lowest rate of female employment after Pakistan. In over two decades preceding 2013, female labor force participation in India fell from 34.8% to 27%, according to an April 2017 World Bank report. A majority of them give up their jobs or fall behind on performance during their ‘start a family’ period in life. When we think of the reasons for this imbalance, one major point seen is children. Over the years the concept has been this: if the mother works, the grandparents take care of the child. However, nowadays due to nuclear families this concept has been relinquished and a new concept of Crèches is evolved which allows a woman to leave her child in Crèches and work for getting her dreams come true. In 2000, 24% of women left their children in Crèches. Though such was the statistics in 2014 the percentage felled to 14% and thus keeping millions of women away from the jobs. Hence, this research project aims to explore the reason behind the decreasing preference of women to Crèches. The researcher has adopted non doctrinaire method of research and after interviewing 50 women employed in various sectors and 50 housewives who left their job for their children has found that the basic reason behind not leaving the child in Crèches is inadequate laws governing Crèches due to which they had various bad experiences like safety of child at daycare centre, non availability of Crèches in rural areas, non availability of trained staff, non availability of Crèches at workplace for women working in public sectors, non availability of facilities etc. Despite legal framework like Factories Act which mandates the establishment of Crèches in every Factory, Rajiv Gandhi National Crèches Scheme, Guidelines laid down by Hon’ble SC, Maternity Benefit Act etc the problem has reached monstrous proportions. The incidence in Kharghar, Mumbai in last November, where a 10-month-old girl was assaulted by a daycare center employee itself is the evidence of the inadequacy of legal framework. The reason behind such a menace is an absence of laws governing Crèches. Thus, this research project aims to draft new legislation for governing Crèches, looking back into bad experiences in the past, assessing the hidden barriers of present times, legal framework in India, finding out the loopholes in the present framework and proposing a legal solution in form of a separate legislation as a legal Avishkar to systematically deal with these legal barriers and bring uniformity in the provisions of Crèches and to penalize the violation of the same so that the women having children less than 6 years can keep their children in the Crèches freely in safe hands and can enjoy their fundamental right to work guaranteed by Constitution to the fullest extent.
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