Why Goa needs a mothers’ rights act -by Nandkumar Kamat

Why Goa needs a mothers’ rights act....
(published in The Navhind Times, July 7,2008)
It is strange but true. The law makers of the state of Goa have conveniently forgotten the mothers. Mothers traveling in public transport face humiliation. Lactating mothers have to curtail their movements because public premises and workplaces are not friendly to them. But such problems would be brushed aside when the government would celebrate world breastfeeding week next month. Scooter sheds, bus shelters have top priority but public funded day care centers for pre school children are considered a luxury. Goa is not a working mother friendly state. Neither the Goa state women’s commission nor the State children’s commission have come to the rescue of the suffering mothers. The much publicized-Goa Childrens’ act, 2003 has ignored mothers and normal children as if the act is meant only for orphaned children. This was expected because the act was born more out of concern about child abuse than a holistic consideration of children with or without mothers and families. The act may be friendly to a particular section of disadvantaged children but it completely ignores the human rights of mothers and especially working mothers. Section 2 includes legal definitions of the terms used in the act but nowhere ‘mother ‘ finds a place. Elsewhere, the term ‘mother’ occurs only three times. Those who had put this lengthy act together seem to have borrowed many sections heavily from similar statutes in developed countries but conveniently forgot to incorporate the best policies, guidelines and practices for respecting the human rights of mothers. The International Labour organization (ILO) , convention 183 –maternity protection convention, 2000 has been also forgotten. Those who drafted the act seem to have been ignorant about the campaign launched by world alliance for breastfeeding action (WABA) and voluminous information and free guidance available from La Leche league international. It is relatively easy to get politically harmless acts like the Goa childrens’ act through the assembly but when it comes to addressing the real issues confronting Goa’s mothers very few stand up to speak about their human rights. The falling birth rate of Goa is not a good news. If it is not checked by enacting a mother friendly legislation then it is likely to fall to zero in two decades. The birth rate has gone below the replacement rate not because people hate babies but the new parents, most of them educated and employed have to first think seriously about a baby friendly, mother friendly support system. Such a system does not exist in Goa and the one created by the private players among the market forces in the name of preschool education is absolutely substandard, unregulated and basically purely business and income oriented. That also explains the reason why under tremendous pressure from these private service providers the government rushed through a shocking amendment in 2005 to subsection 3 of section 5 of the above act. It is a common knowledge that to look after the children, families in Goa used to hire domestic help-mostly girls below 18 years of age. Section 7 of the above act banned employment of such ‘maids”. So automatically the parents were forced to patronize the private day care centers. The state government needed some persuasion to include a scheme for day care centers in the present budget but the guidelines are yet to be framed. The government and the NGOs are silent about breastfeeding legislation as if it is an issue to be sorted out by the mothers themselves. Fortunately it was the sixth pay commission which has understood the problems of mothers, especially the employed ones. Its’ recommendations (chapter 4.7) would be welcomed by the mothers. The commission opined that-“ adequate facilities need to be provided to ensure that more women take up public employment and to enable them to balance the dual responsibilities of looking after children and work.” The commission has recommended staggered working hours for mothers, leave upto two years for taking care of upto two children, mandatory setting up of day care centers and crèches in offices where the employees male and female have pre school or primary school going children, and continuation of maternity leave to two years. But really these are basic, common sense and humanitarian issues which should have mattered to the architects of Goa childrens’ act and the state department of women and child development. The gender transition in higher education in Goa is leading to emergence of a large number of highly educated women who would suddenly find that if they decide to get married and also find employment, then it would be critical decision for them before thinking of the motherhood. Not every woman would think of sacrificing the job and willingly accept the role of the full time homemaker. But if as working mothers they are provided a friendly and accommodative, loving and caring environment then it would be consistent with the opinion of the sixth pay commission. The new mothers of Goa would need gender sensitive policies to support and sustain their motherhood. This includes simple issues such as right to free counseling, subsidized diet and maternal nutrition, compulsory feeding of colostrum immediately after delivery and full recognition of breastfeeding rights. The USA has some of the most progressive breastfeeding legislations, which would put the country of Mahatma Gandhi to shame. NGOs working to champion rights of women and children may study the best of these statutes and verify the tragic situation in Goa. Many employers have issued warnings to their female employees who are forced to carry the preschool kids to the work place, saying that they dislike such a practice. Several such instances of injustice against working mothers could be cited. The government could not make any progress on State action plan for children, 1995 sponsored by UNICEF. The Goa Childrens’a act , 2003 has been used to strengthen the hands of private day care service providers. There is a universal crisis of compassion in the Goan society today. That leads to frequent breaches of human rights of mothers. A helpless working mother sits with a year old child in an office canteen. Some boys enter. The child accidentally comes in the way of one of the boy. He just kicks the child. Another boy just looks at the shell shocked mother and says bluntly-‘let him die’. This is a real story. Children are being treated as legal commodities. Mothers are being treated as dispensable machines. Therefore Goa needs to enact an effective mother friendly legislation –the Goa mothers’ rights act’ before the birth rate falls to zero. Only a mother friendly state would be a child friendly state. But to achieve both we may need a flood of heartfelt compassion.

Is Goa a mother friendly state?

What mothers in Goa go through...?
This is article by Nachiketas's mother-Melinda, originally published in TOI, on the occasion of children s' day, Nov. 14, 2008
Is Goa a mother friendly state?
On the 14th of November the state of Goa will be celebrating Children’s day. Goa is long way off from becoming a real child friendly state. The Goa Children’s Act , 2003 was notified on July 14 th 2003 to protect , promote and preserve the best interests of children in Goa and to create a society that is proud to be child friendly. The healthy physical and mental development of the child starts right from the day of conception. During the first trimester of pregnancy due to increase in hormonal level there is feeling of nausea and giddiness . Women have to be provided with staggered working hours to start and finish work early or late during pregnancy. In the final trimester of pregnancy there is feeling of uncomfort , uneasiness, frequent urination and tiredness due to which pregnant women require plenty of rest . So it is essential on the part of the Government to provide rest rooms and refreshment rooms at every workplace both in private and public sector for pregnant women and lactating mothers. Having realized the neglect of breastfeeding working mothers the United Nations, the UNICEF , the ILO have directed the member states to respect the human rights of the working mothers and their breastfeeding children. All the institutions are bound to enforce the convention on the rights of the child adopted by UN general assembly on 20 th November 1989 and incorporated by Goa Children’s Act 2003- Rights of the child . Clause 1 of ILO convention 183 on Maternity protection 2000 states that – A woman shall be provided with the right to one or more daily breaks or a reduction of hours of work to breastfeed her child. Section 5 subsection 2 states of the above Act states that the State shall Endeavour to make possible Maternity leave of 6 months in all sectors of employment including for adoptive mothers and single parents. It is only the Government employees in the State who get the benefit of 6 months paid maternity leave whereas those in the private sector generally get 2 ½ -3 months . As per the medical opinion a mother has to exclusively breastfeed the baby for first 6 months and thereafter continue upto 2 years and beyond with other supplementary food. Infants who are breastfed receive protection against infection , illness , allergies and long term positive effects on their development, intelligence and health. The government of Goa in September 1994 as a part of their strategy under the State Programme of Action for the Child in Goa had taken a decision to include correct infant feeding practices , including exclusive breastfeeding for the first 4-6 months. The second decision taken under Early Childhood Development was universal access to daycare and two years of pre-primary education by year 2000. But this deadline has lapsed without action. Women in the private sector and those women working on contract basis should get the benefit of 6 months fully paid maternity leave . The Goa Government has not yet granted under the 6th pay Commission , 2 years of child care leave to women employees whose children are below 18 years of age. It is due to the break up of joint families and both the husband and wife working the problem of keeping the child arises. Section 5 , subsection 3 of the Goa Children’s Act 2003 originally stated that , crèches and daycare centres for infants and children of working mothers in all sectors of employment should be set up at the work site or close to the same , in cities and villages, to the maximum extent of available resources. But shockingly an amendment was hastened in 2005 and the word ‘should’ has been replaced by the words ‘may be’. This has boosted the unregulated private play school business. Besides working mothers , self employed women , household managers, agricultural workers are also in need of daycare centres. Since there are no daycare centres at the workplace women are forced to abruptly stop breastfeeding which is a traumatic experience for the child. After 6 months of exclusive breastfeeding children are very fussy about taking solid food and it is difficult to force feed them . All children are not weaned from breastfeeding at the same time. At times they are not weaned till the age of 1 ½ year . The Government of Goa should recognize in law that women and children have rights to enjoy good health. Daycare centres need to be made compulsory in public and private funded institutions, in every ward of the village or municipality and public places. Public transport should be made friendly for breastfeeding mothers in the state of Goa. Discrimination or illtreatment of breastfeeding mothers should be made a cognizable offence . Under Goan climatic conditions there is heavy rainfall , a workplace may be situated in a remote area where there is no scheduled bus stop and certain places where there is erratic transport it is difficult to move with the child. Flexibility in working hours for mothers till the child is 3 years of age should be given. If the Government is kind enough to adopt these suggestions, it may be a small step for Goa but a giant leap for welfare of mothers and children. The child needs to survive against all odds for which it needs practical, unprejudiced and unconditional help of the Government and compassionate support of the society at large. Only a mother friendly state can claim to be a child friendly state.

Parenting Nachiketas

My son Nachiketas is now three years old. This blog is chronicle of his journey and our parenting experience.