ABOUT THE AUTHOR
This article is written by Pranav C Satheesh. He is a final year BBA LLB (Hons,) student at Government Law College, Kozhikode. He is also an editor trainee at ljrfvoice.com.
INTRODUCTION
In India, Article 42 of Indian Constitution contains the directive that the State shall make provision for securing just and humane conditions of work and maternity benefits. In order to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for Maternity benefits and certain other benefits, the Indian Parliament enacted the Maternity Benefit Act, 1961.
The Maternity Benefit Act, 1961, reflects India’s commitment to protecting women’s rights in the workplace, aligning with the constitutional mandate under Article 42. The Act was enacted keeping in view not only all those legislations related to maternity that existed from the pre-Constitution days, but also ILO’s mandate regarding maternity protection. The Act provides comprehensive maternity benefits, including medical bonuses, paid leave and nursing breaks. The Act supports women during the birth of their child. It protects and safeguards the livelihood and interests of female employees and gives them time to nurture their new-borns while taking care of themselves.
In India, the Maternity Benefit Act of 1961 is not the only piece of legislation that provides for maternity protection or benefit. The Employees’ State Insurance Act, 1948 and other legislations also cover maternity protection. However, despite amendments like the Maternity Benefit (Amendment) Act, 2017, which extended maternity leave to 26 weeks and introduced crèche facilities, challenges such as non-compliance, awareness gaps, and exclusion of the informal sector continue to undermine its effectiveness. Addressing these issues is essential to create a more inclusive and equitable workplace for women.
2017 AMENDMENT
The Maternity Benefit Act 1961 has been updated various times to protect and safeguard the interests of women employees. The 2017 Maternity Benefit Amendment Act is hailed as one of the most progressive pieces of recent legislation. The Maternity Benefit Act 1961 was amended to include various aspects, such as an increase in the maternity leave period, the option to work from home and maternity leave for mothers adopting a child.
In 2017, The Indian Parliament passed the legislation in order to increase the benefits that women received under the 1961 Maternity Benefit Act. This was in line with the evolving global norms for maternity benefits, as demonstrated by the Maternity Benefit Convention of the International Labor Organizations 2000. Unlike the Maternity Benefit Act, 1961 pre-amendment, which stipulated twelve weeks of paid maternity leave, this convention requires a minimum of fourteen weeks of leave. Additionally, the creation of childcare facilities and granting the mother visitation rights are mandated by this convention. India amended its own Maternity Benefit Act to incorporate the new ILO requirements, despite not being a party to the convention. The intention behind this was to meet international criteria for maternity benefit proofing while also offering women employees greater perks.
MAIN OBJECT BEHIND PROVIDING MATERNITY BENEFITS
The prime objective of giving maternity benefits is to maintain women’s self-esteem, safeguard their health, and ensure the entire protection of their children. The goal of maternity benefits is to safeguard the dignity of “Motherhood” by providing comprehensive and health care to women and their children when they are unable to execute their duties due to illness. Maternity benefits are required so that a mother can devote quality time to her kid without fear of losing her career and source of income.
KEY PROVISIONS OF THE MATERNITY BENEFIT ACT ,1961
- Applicability and Coverage (Section 2):The Act applies to establishments employing ten or more workers, including factories, shops, plantations, and mines. It also extends to women employed in government establishments.
- Eligibility (Section 5):Every woman who has worked in an establishment for at least 80 days in the twelve months immediately preceding the date of her expected delivery is eligible for maternity benefits, according to Section 5(2) of the Maternity Benefit Act, 1961.
- Maternity Leave (Section 5(3)) :26 weeks for the first two children. For the third child and beyond, women are eligible for 12 weeks of leave.
- Adoption and Surrogacy (Section 5(4) and Section 5(5)): Women adopting a child below three months or commissioning a child through surrogacy are entitled to 12 weeks of paid leave.
- Medical Bonus (Section 8): In addition to maternity leave, women are entitled to a medical bonus of at least ₹3,500, if the employer does not provide pre-natal and post-natal care.
- Prohibition of Hazardous Work (Section 4): Pregnant women cannot be assigned arduous work, long hours, or tasks that could harm their health or pregnancy.
- Crèche Facility (Section 11A): Establishments with 50 or more employees must provide crèche facilities, and women must be allowed four daily visits to the crèche, including nursing breaks.
- Prohibition of Dismissal (Section 12): It is unlawful to dismiss or terminate a woman during her maternity leave. Pregnant women are also protected from dismissal for reasons related to maternity.
JUDICIAL INTERPRETATION AND LANDMARK CASES
The judiciary has played a vital role for ensuring maternity benefits to the women in India by giving interpretation to true intention of legislations and schemes. Some notable judgments include;
Municipal Corporation of Delhi v. Female Workers (Muster Roll)
The Supreme Court extended maternity benefits to daily wage workers, emphasizing the principles of equality and social justice enshrined in the Constitution.
B. Shah v. Presiding Officer, Labour Court, Coimbatore
The Supreme Court held that maternity benefits are statutory rights aimed at ensuring the welfare of the mother and child, and cannot be denied on technical grounds.
Swapna S. v. J.J. Hospital & Others
The Bombay High Court ruled in favour of a nurse denied maternity benefits, emphasizing the duty of employers, including public institutions, to ensure compliance.
Megha Gupta v. United India Insurance Co. Ltd.
The Delhi High Court observed that terminating employment on the grounds of pregnancy violates the Act and Article 21, which guarantees the right to life and dignity.
Renu Kumari v. Airports Authority of India
This case clarified that surrogate mothers are entitled to maternity leave, reinforcing the inclusivity of the Act post 2017 amendments.
Smt. Archana Panedy V. State of M.P & others
The court held a contractual employee is entitled to get the benefit of maternity leave. The respondents were directed to grant maternity benefit to the petitioner.
Mrs. Savita Ahuja V. State of Haryana & others
The Hon’ble court held that maternity can leave also be granted to such female government employees who have been recruited on ad-hoc basis.
CHALLENGES IN IMPLEMENTATION
The implementation of the Maternity Benefit Act faces several structural and systemic challenges that undermine its intended impact. One of the most pressing issues is the limited awareness among women, particularly in rural and underprivileged areas, where many are unaware of their rights under the Act, resulting in a significant underutilization of the benefits it offers. Compounding this issue is the exclusion of women working in the informal sector, who make up the majority of India’s female workforce. These women are not covered under the Act and are therefore left without any legal protection or access to maternity benefits. Moreover, employer non-compliance remains widespread, especially among small and medium-sized enterprises, which often cite financial constraints or logistical difficulties as reasons for not adhering to the Act’s provisions. This is further exacerbated by discriminatory hiring practices, where employers avoid hiring women of childbearing age due to the perceived burden of extended maternity leave and associated costs. Even where the law mandates supportive measures such as the provision of crèche facilities in establishments with 50 or more employees compliance is frequently lacking due to space limitations, insufficient resources, or ambiguity in enforcement guidelines. Finally, the absence of robust monitoring and enforcement mechanisms has led to systemic violations of the Act, with little to no accountability for non-compliant employers. Together, these challenges highlight the urgent need for legal, administrative, and social reforms to ensure the Act fulfills its purpose of safeguarding maternity rights in the workplace.
RECOMMENDATION
To strengthen the effectiveness and inclusivity of the Maternity Benefit Act, a multi-pronged reform strategy is essential. First and foremost, the Act must be amended to extend its coverage to women working in the informal sector, ensuring that maternity benefits are accessible to all working women, regardless of their employment status. In parallel, the government should introduce financial assistance programs or reimbursement schemes to support small and medium-sized enterprises, alleviating the economic burden of compliance. This could be further reinforced through targeted tax incentives for companies that not only adhere to maternity benefit provisions but also invest in supportive infrastructure such as crèche facilities. To combat the pervasive lack of awareness, nationwide campaigns must be launched to educate women about their rights under the Act, utilizing digital media, local governance institutions, and community networks for maximum outreach. Strengthening enforcement mechanisms is also critical dedicated monitoring bodies should be established with the authority to conduct regular inspections and impose strict penalties for violations. Furthermore, introducing shared parental leave policies would promote gender-equitable caregiving responsibilities and help reduce hiring discrimination against women of childbearing age. Lastly, integrating maternity benefits into the broader framework of the Social Security Code, 2020, would provide a more unified and streamlined approach, particularly by including unorganised sector workers and ensuring timely disbursement of maternity-related entitlements. Collectively, these reforms would significantly advance the goal of equitable maternity protection and foster a more inclusive and supportive work environment for all women in India.
CONCLUSION
Throughout history, women have faced systemic challenges in balancing work and motherhood, often forced to choose between the two. The Maternity Benefit Act, 1961, and its amendments represent a vital step toward empowering women, ensuring job security, and supporting them during this critical phase. However, challenges such as lack of awareness, inconsistent implementation, and limited coverage for informal workers persist.
The judiciary has played a pivotal role in expanding the Act’s scope through progressive rulings, ensuring benefits for casual workers and recognizing evolving forms of parenthood. Yet, for true equality, greater efforts are needed to raise awareness, enforce compliance, and extend benefits to all working women, especially in the informal sector.
The Act is not just a legal entitlement; it reflects a commitment to valuing women’s contributions to both the economy and society. By fostering inclusivity and accountability, we can create a future where no woman is forced to choose between her career and her child a society that truly celebrates and supports motherhood.
