Maternity Benefit 01

Laws in India
II Year B.A., L.L. B. – Semester-IV (2023)
1st -Internal Assessment- Developmental Lawyering

NAME: Ananya Ahajoy, Ramakrishna Saketh Muntha

DIVISION: E
PRN: 21010125448, 21010125436
COURSE: B.A. L.L.B. (H)
BATCH: 2021-2026
Maternity benefit is something every woman is entitled to. It is something so intrinsic in the right to work,

that every employer must ensure it is available to every woman in their establishment. The Maternity
Overview
Benefit Act, 1961 aims at protecting the rights of employed women during periods of early maternity. The

"maternity benefit," refers to fully paid wages, that a woman is entitled to, during the period of childbirth
of
Maternity
and during absences from work, with regard to taking care of their newborns.
• The Maternity Benefit Act, 1961 was passed to disperse all the dispartities in the already existent act.
Further, it repealed the Mines Maternity Benefit Act, 1941, the maternity provisions under the
Plantations Labour Act, 1951, the Bombay Maternity Benefit Act, 1929 and every other provision
covering the same grounds.
Benefit in
• The act is not appliable on the grounds of factory establishments, or over the provisions under the
Employee's State Insurance Act, 1948. India
• The act provides provisions regarding the employment of women in particular establishments, during
periods of childbirth, both before and after. Certain benefits are provided to these women.
• The Act extends to the entire country and to all establishments, including factories, mines, plantations
or any establishment that belongs to the government. It also includes every establishment wherein
more than 10 people are employed.
 International Conventions on Maternity
Benefits
International Labour
Conference, 1919
The International Labour Conference
was the first convention on maternity
protection. Following conventions
under this conference expanded the
scope of maternity protection and it
was ratified by over 30 member
states. It established standards of
maternity leave duration, amount of
maternity leave cash benefits, source
of such cash benefits, breast feeding
breaks and breast feeding facillities.
International Covenant
on Civil and Political
Rightsfor Civil and
The ICCPR provides
Political rights, and this covers the
rights of working women under it's
ambit, and therefore allows
implicitly for provisions regarding
child-rearing and childbirth. Every
woman, implicitly, must have
maternity benefits at her
workplace.
Convention on the
Elimination of all
Forms of
Discrimination
CEDAWagainst Women
as a convention defines discrimination
against women and works towards providing a
safe environment for women all over the world.
Child Care is an essential part of the
convention. Combined with Articles 13, 14, 15,
and 16 of the Indian Constitution, the CEDAW
convention implies the duty of ensuring women
have a safe and secure as well as a stable work
atmosphere and space.
 Salient Features of the Maternity Benefit Act, 1961
Women cannot Section 4 of the Act goes on to say that no employer must
knowingly employ any woman in the six weeks following the
be employed
day of delivery, or miscarriage. No woman shall work during this
post pregnancy period. A woman cannot be made to do any hard task that might
for 6 weeks affect her fetus, pregnancy, or can cause a miscarriage.
Section 6 talks about the nomination of a person by
Nomination
the deceased, who would receive the maternity
benefit. If there is no notice, then it goes to her legal of Person
representative, This notice, if not given during the
period of delivery itself can be given after the delivery
happens. Maternity benefits preceding the period of
delivery must be paid by the employer in advance.
Nursing Section 11 is a provision for nursing breaks, until the child comes to the age of 15 months. In certain cases, the deduction of

wages are also unlawful. A woman cannot be dismissed by the employer, if she is not present at work, in accordance with the
Breaks text in the act.
Following the day of the tubectomy operation, a woman is entitled for a paid leave of two weeks. Tubectomy
Medical While a woman is entitled to maternity benefits, she is also entitled to recieve a medical bonus of Rs.2500, if the
employer provides prenatal confinement and Postnatal care, free of Charge, according to Section 8
Bonus
Payment of
Every woman is entitled to maternity benefits. Every employer must ensure that she is getting her benefits, and the

employer is liable for the same.

Maternity benefits
Section 9 is a provision regarding miscarriages. According to this, any woman who has suffered a miscarriage
Miscarriagesis entitled to leave, with wages. These wages are to be at the rate of maternity benefit. It will be given for a
period of 6 weeks, following the date of the miscarriage.

Under Section 10, any woman suffering from illness, that comes from pregnancy, premature birth, delivery, or miscarriage, can opt to get Paid leave on
additional paid leave at the rate of maternity benefit. This is applicable for the period of one month only.
account of illness
 The section 11 of the MBA (amendment act 2017) "prescribes" the setting up creches in
Creche "establishments." The definition of establishments was clarified saying that it would
comprise of any "establishments or shops within the ambit of any law in force in the
facility time being in relation to shops and establishments." Hence all firms, companies and
offices registered under the companies act or partnership act or any other state

under legislations will all come under this definition and are ought to have an creche facility.

the And these could be children of all kinds of employees temporary, permanent, daily
The creche facility is proposed to extend from a child of 6 months to a child of 6 years.

wagers etc.
MBA
The Creche needs to be inside the establishment of near the establishment but within a
Amend distance of 500m for the mother to access the child. The creche needs to be available
for at least a period of 8-10 hours.
ment
act
 In-spite of fulfilling all the requirement if a woman is denied her maternity benefits,
Filing a • she has a time period of 60 days to appeal against the decision where she has been denied any
maternity or medical benefits or has been expelled/released from her job while on maternity leave
complaint by approaching an inspector assigned under the maternity benefits act 1967.
• In case she is also not satisfied with the inspectors requests she has 30 days to make a
under the counteroffer to the inspector
• Incase still she is not satisfied, or any other legal issue also arises she can file a lawsuit within a
MBA 1961 year.
• In case the beneficiary passes away withing the period of the maternity leave soon
after giving birth to the child who is surviving, the employer is to pay the complete In case the
maternity benefit. The amount is payable to the person the woman nominated under
the notification she gave in section 6 (1) of the act or any legal representative of woman/child expires
hers.
• In case the child passes away the maternity benefit is payable until the day of death within the maternity
of the child. • The Maternity benefits act, or any other legislation under which the individual is entitled to any other
forms of benefit. leave period
• The name of the individual who would be receiving the benefits / payments and the required bank
How to claim details.

maternity benefit? • An official statement which would say that she won't be administering any duties as an employee
while she is receiving such benefits.
• Once all the above information is provided along with the proof of her pregnancy the employer is to
pay her maternity benefits in advance .
 Some Maternity Benefit Schemes provided by the
government of India
The scheme aspires to create a safe haven for expecting and nursing mothers, in order to reduce their financial

burden due to loss of income before and after the delivery of the first living child. It provides the mother withPradhan Mantri Matru

an amount of 5000/- for all their medical bills. Women working for the government or in association with the
Vandana Yojana
government are not eligible for this scheme.
The Pradhan Mantri Surakshit Matritva Abhiyan was established by the Indian government to
Pradhan Mantri
guarantee that pregnant women in the nation receive high-quality antenatal care, a kind of

Surakshith Matritva preventative healthcare. The Abhiyan offers the beneficiaries a minimal bundle of preventive

healthcare treatments on the ninth day of every month at the Pradhan Mantri Surakshit Matritva
Abhiyan
Clinics in an effort to promote healthy lifestyles that benefit both mother and child.
 Other Laws Pertaining to Maternity Benefit in India
The ESI provides for the periodical payment to be given to an insured woman at the rate prescribed for
periods of confinement, illness arising out of pregnancy and related aspects, miscarriage, or premature
The birth of the child. The ESI is applicable to all factories' employees. It is applicable to employees of
Employees' shops with more than 20 persons. It is applicable to establishments notified by the government, and
wherein the employees are paid up to Rs.15,000 a month. It also amounts to medical bonuses. The
State woman can choose between the maternity benefit, or the leave. She is entitled to choose, as long as her
Insurance name is seen on the ESI Records.
The CCSR is applicable to any female government servant, with less than 2 surviving children. Central Civil
Act, 1948
A woman can get up to 180 days off. The leave salary is to be paid equal to the pay before the
leave. It provides adoption leaves, paternity leaves and child care leave. Maternity leaves can Services
be combined with other leaves as well. This is only available to government servants. It does Rules of
not provide for medical bonuses or cash benefits beyond salary.
The The Act provides for an annual leave with wages, under Section 79. A woman can 1972
take off any
number of days not exceeding 12 weeks. Section 48, provides for creches. When a factory has
Factories more than 30 workers, a suitable room would be provided for the use of children under the age of
Act, 6.
 The Mines The Mines Act provides for a maternity leave of any
number of days, not exceeding the period of 12 weeks. The
Act, 1952
Every worker is entitles to obtain sickness and maternity
The Plantations
benefits, under section 32. Children, below the age of 6 are
also given creches, wherein a plantation has more than 50 Labour Act,
workers.
1951
 Conclusion,
Recommendations and
Suggestions
In conclusion, it is important to recognize that there are several challenges in
providing a strong system of maternity protection. Therefore, it is important to have
a holistic approach to address these issues and create an environment that encourages
the well-being of women and encourages them to participate in the workforce.
Some Suggestions in terms of improving maternity benefit related laws in India,
include:
• Providing paid leaves in cases of post-partum depression
• Providing paid paternity leaves
 Postpartum depression (PPD) is a type of depression that affects some
A Special lens on women after they have a baby. It can cause a range of physical and
emotional symptoms, including feelings of sadness, anxiety, and
Post - Partum exhaustion. PPD can have a significant impact on a woman's life,
affecting her relationships, work, and overall wellbeing.
Depression
Paternity benefit refers to the benefits that a father can avail, after the birth
of his child. In a country like India, where familial duties are held at a high
regard, a child is a joint responsibility of both the parents. Government
employees can get up to 15 days off as paternity leave, but there is no such
provision mandating a paternity leave for private sector employees. The
Paternity
Paternity Benefit Bill, is under the works, to become an actual law. This
could be a groundbreaking law in India.
Laws
 • The Maternity Benefit Act, 1961, Act No. 53 of 1961.

Resources • Maternity protection: Compliance with international labour standards (wh

o.int)
, (Last Accessed 3rd March, 2023).
• ILO. Maternity and paternity at work: law and practice across the world.
Geneva: International Labour Organization; 2014
<http://www.ilo.ch/global/topics/equality-and-discrimination/maternity-
protection/publications/maternity-paternity-at-work-2014/lang--en/
index.htm>, (Last Accessed 3rd March, 2023).
• Shashi Bala, Implementatio of Maternity Benefit Act, NLI Research
Studies Series No. 099/2012.
• Krishna Ahooja Patel, Women and Sustainable Development: An
International Dimension, New Delhi: Ashish Publishing House, (1995).
• Nomita Aggarwal, Women and Law in India, Delhi: New Century
Publications, (2002).
• Myra Marx Ferree, "She works hard for a Living: Gender and Class on
the Job," Analyzing Gender: A Handbook on Social Science Research,
Newbury park, Calif: Sage, (1987).
• Jean Stockard & Miriam M. Johnson, Sex and Gender in Society, New