How the Draft Social Security Rules Weaken Maternity Rights |
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The Draft Code on Social Security (Central) Rules, 2025, devotes significant attention to maternal health and childcare support. However, a close reading of Rules 36 through 40 reveals provisions that may create a gap between the intent of welfare and the practical reality of the workplace.
The rules introduce spatial relaxations, temporal caps, and a monetary allowance option that critics argue could undermine the accessibility of care for working mothers.
Rule 38(1) mandates that every establishment with 50 or more employees must provide a crèche for children under the age of six. Rule 38(2)(i) further specifies that this facility should be located within 1 km of the establishment.
However, the proviso to Rule 38(2)(i) allows this 1 km radius to be “relaxed” by the competent authority in the case of establishments located within industrial parks or notified industrial areas, where a “common crèche facility” is provided.
In sprawling industrial corridors, such as Special Economic Zones (SEZs), a “relaxation” of distance has practical implications. If the common facility is detached from the immediate workplace, the crèche becomes a centralised hub rather than a localised........