A COMPARITIVE REVIEW ON THE MATERNITY BENEFIT UNDER SOCIAL SECURITY CODE, 2020 AND THE MATERNITY BENEFIT ACT – WITH SPECIAL MENTION TO SURROGACY

AUTHOR – SEATHAL DEVI, LLM SCHOLAR AT GOVERNMENT LAW COLLEGE – DHARMAPURI

BEST CITATION – SEATHAL DEVI, A COMPARITIVE REVIEW ON THE MATERNITY BENEFIT UNDER SOCIAL SECURITY CODE, 2020 AND THE MATERNITY BENEFIT ACT – WITH SPECIAL MENTION TO SURROGACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1279-1288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The ideal womanhood in India is motherhood – that marvellous, unselfish all – suffering, ever- forgiving mother.

-Swami Vivekananda

During pregnancy, women experience a range of physical discomforts, from morning sickness and fatigue in the early stages, to back pain, leg cramps, and pelvic pressure as the baby grows. The hormonal changes can lead to mood swings and emotional strain, while the physical strain intensifies as the body adjusts. During this period, women require maximum support and care. Recognizing this, the state bears the responsibility to regulate women’s employment and ensure access to maternity benefits such as maternity leave with wages, nursing breaks, creche facilities, and more.

Therefore, this paper offers a comparative analysis of maternity benefits under two key legal frameworks in India: the Maternity Benefit Act, 1961 and the Social Security Code, 2020. The paper aims to critically examine the provisions of both legislations in terms of eligibility, duration, wage replacement, and overall impact on working women. A special focus is placed on surrogacy, an emerging area that is not fully addressed by the existing maternity benefit laws. While the Maternity Benefit Act provides comprehensive maternity leave and benefits to biological mothers in formal employment, its provisions do not extend to surrogate mothers, leaving a significant gap in legal protection. This paper delves into the differences and similarities between the two laws, particularly in the context of surrogacy, and evaluates whether the current framework adequately supports all women, including surrogate mothers, in their reproductive roles.

Keywords: Maternity Benefit, Surrogacy, Social Security Code 2020, Female Workforce.