Maternity Benefits in India: Rights of Women as a Mother

  • Samriddhi Kapoor and Tanvi Saluja
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  • Samriddhi Kapoor

    Student at University of Petroleum and Energy Studies School of Law, India

  • Tanvi Saluja

    Student at University of Petroleum and Energy Studies School of Law, India

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Maternity laws in India are intended to protect working women's health and well-being during and after pregnancy. The Maternity Benefit Act, first introduced in 1961 and revised multiple times since then, is the most important law controlling maternity benefits in India. The Act provides for up to 26 weeks of paid maternity leave for women working in the organised sector, which includes both government and private firms.The Act, in addition to paid leave, provides for other benefits such as medical allowances, nursing breaks, and the freedom to work from home for a set length of time. Employers are also prohibited from firing a pregnant woman or when she returns from maternity leave under the Act. These provisions, however, only apply to women who work in the organised sector, leaving a major portion of the female workforce, including women in the informal sector, domestic workers, and self-employed women, without any protection or benefits. Despite these constraints, the Maternity Benefit Act is an important step towards ensuring that women have access to vital maternity benefits and are protected from job discrimination. India may become a more egalitarian and friendly environment for working mothers with additional reforms in the law and increased awareness among businesses and employees.




International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 3018 - 3026


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