Employment and Maternity Protection: Understanding Poor Coverage of Beneficial Legislation through Content Analysis of Some Judgments

Abstract

This study is a small part of a larger study undertaken by the Tata Institute of Social Sciences [TISS] along with ILO, New Delhi office, and the Ministry of Labour, to assess the coverage and effectiveness of national efforts to provide quality maternity protection for all. Among the overall objectives listed in the

 Terms of Reference document of TISS, it is hoped that the study will "bring to light incidences/signs of evasion tactics deployed by employers to avoid paying maternity protection [for example hiring less women, hiring women on casual and contract basis] under the MB and ESI Acts in particular and in other schemes, and assess whether the evasion is aggravated in the case of an employer liability scheme".