The Maternity Benefit Act, 1961 was enacted to regulate the employment of women during the pre-natal and post-natal periods and to ensure paid maternity benefits and related safeguards.
Scope
- Initially applicable to factories, mines, and plantations
- Later extended to:
- Government establishments
- Establishments involving performances such as equestrian or acrobatic shows
Key Provisions
- Prohibits employment of women during the six weeks immediately following childbirth or miscarriage
- Provides paid maternity leave (initially up to 12 weeks)
- Eligibility requires a minimum of 160 days of work in the preceding 12 months
- Violation of the Act can result in penalties including imprisonment (up to 3 months), with or without fine
Maternity Benefit (Amendment) Act, 2017
The 2017 amendment significantly expanded maternity protections.
Major Changes
- Maternity leave increased to 26 weeks for biological mothers
- Section 5(4) introduced:
- Provides 12 weeks of leave for adoptive and commissioning (surrogate) mothers
- Applicable only when the adopted child is below three months of age
- Work from Home Provision (Section 5(5))
- Allows flexible work arrangements after maternity leave, depending on the nature of work
- Creche Facility
- Mandatory for establishments with 50 or more employees
- Women allowed four visits per day to the creche, including rest intervals
Criticisms of the Amended Act
- Limited Coverage
- Majority of women in the unorganised sector remain excluded
- Impact on Employment
- Evidence suggests a decline in women’s workforce participation in several sectors after the amendment
- Post-Maternity Challenges
- Wage cuts, lack of workplace support, and inadequate childcare facilities
- Cost Burden on Employers
- Entire cost of maternity benefits borne by employers may discourage hiring of women
Legal Challenge to Section 5(4)
A Public Interest Litigation has questioned the validity of Section 5(4) on constitutional grounds.
Key Issues Raised
- Discrimination Against Adoptive Mothers
- Only adoption of children below three months qualifies for benefits
- No maternity benefit for adopting older children
- Unequal Treatment
- Adoptive mothers receive 12 weeks, while biological mothers receive 26 weeks
- Violation of Fundamental Rights
- Alleged to be arbitrary and discriminatory, violating principles of equality under Part III of the Constitution
- Conflict with Welfare Laws
- Claimed to be inconsistent with the objectives of:
- Child welfare
- Adoption frameworks under existing laws
- Claimed to be inconsistent with the objectives of:
Related Schemes and Laws
Pradhan Mantri Matru Vandana Yojana (PMMVY)
- A centrally sponsored Direct Benefit Transfer scheme
- Provides ₹5,000 in three instalments to pregnant and lactating women
- Implemented by the Ministry of Women and Child Development
Code on Social Security, 2020
- Consolidates various social security laws
- Aims to extend benefits to organised and unorganised sector workers
Conclusion
The Maternity Benefit Act, 1961, as amended in 2017, represents a significant step toward ensuring maternal health and workplace protection for women. However, issues of limited coverage, employer burden, and unequal treatment of adoptive mothers highlight the need for further reform. The ongoing judicial scrutiny may play a crucial role in aligning the law with constitutional principles of equality and social justice.
