Maternity Benefits under the Code on Social Security 2020: The Legal Framework and Limitations

  • Ritu Bhandari and Dr. Manish Bharadwaj
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  • Ritu Bhandari

    Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • Dr. Manish Bharadwaj

    Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

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This article examines the evolution, legal frameworks, and contemporary challenges surrounding maternity benefits in India, with an analysis of the recent Social Security Code of 2020. Maternity benefits, essential for ensuring the well-being of working mothers and their newborns, have undergone significant legislative developments over the years. The article delves into the constitutional provisions, judicial precedents, and international obligations guiding maternity benefit policies, emphasizing the imperative of upholding women's rights and social equality in the workforce. Furthermore, it critically evaluates the provisions and limitations of the Social Security Code, highlighting gaps in implementation and disparities in coverage, particularly for women in the unorganized sector. The article underscores the need for holistic support measures beyond mere leave provisions, including accessible childcare facilities and flexible work arrangements, to facilitate women's seamless integration into the workforce post-maternity. Additionally, it advocates for the inclusion of paternity leave provisions as a means to foster gender equality and alleviate the financial burden on employers. Drawing upon legal precedents and policy recommendations, the article concludes by offering suggestions for enhancing the effectiveness and inclusivity of maternity benefit policies in India, thereby fostering a conducive environment for working mothers and promoting social justice in the labour sphere.




International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 2370 - 2378


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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