EVALUATING THE EFFECTIVENESS OF THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017 IN PROMOTING WORKPLACE EQUALITY AND MATERNAL HEALTH IN INDIA

AUTHOR – ABISHEK.N,STUDENT OF SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ABISHEK.N, EVALUATING THE EFFECTIVENESS OF THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017 IN PROMOTING WORKPLACE EQUALITY AND MATERNAL HEALTH IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 382-388, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:-

This research examines the Maternity Benefit (Amendment) Act, 2017, and its implications for workplace equality and maternal health in India. The original Maternity Benefit Act, 1961, was a significant step in ensuring that women employees were entitled to maternity leave, job protection, and related benefits. However, as the needs of the modern workforce evolved, the Act required updates to address contemporary challenges related to women’s health and participation in the labor market. The 2017 Amendment marked a pivotal moment by extending the duration of paid maternity leave from 12 to 26 weeks, which is one of the longest periods of maternity leave in the world. The law also introduced provisions for adoptive and commissioning mothers, providing them with 12 weeks of paid leave, thus recognizing non-biological pathways to motherhood.

One of the most noteworthy changes in the 2017 Amendment is the mandate for crèche facilities at establishments with 50 or more employees. This provision is aimed at supporting women who return to work after childbirth by allowing them to breastfeed and care for their infants during working hours. It reflects a growing recognition of the need for family-friendly work environments that can help women balance their professional and personal responsibilities. Additionally, the Amendment introduces the option for women to work from home after childbirth, providing flexibility for those in roles that can accommodate remote work.

Despite these significant advancements, the implementation of the Act continues to face various challenges. One of the key issues is the lack of awareness about the provisions of the law among both employers and employees, which leads to inconsistent application across different industries. Small and medium-sized enterprises (SMEs), in particular, may face difficulties in providing crèche facilities, thereby limiting the reach of the law. Furthermore, while the Act applies to establishments with 10 or more employees, the unorganized sector remains largely unaddressed, leaving a large portion of the female workforce without the protection and benefits provided by the law.

In light of these challenges, this research suggests several policy recommendations for improving the implementation of the Maternity Benefit Act. These include the establishment of a government-funded maternity benefit scheme to ease the financial burden on employers, especially those in SMEs, extending the Act’s coverage to the unorganized sector, and providing tax incentives to companies that comply with the crèche facility requirement. Furthermore, awareness campaigns and regular monitoring are necessary to ensure that the law’s provisions are fully implemented.

Through this analysis, the research highlights the potential of the Maternity Benefit (Amendment) Act, 2017, to advance gender equality in the workplace, promote maternal health, and create a more supportive work environment for women. However, it also emphasizes the need for continuous reforms, better enforcement mechanisms, and broader coverage to ensure that the benefits reach all women, particularly those in vulnerable sectors. Ultimately, the successful implementation of this Act is essential for advancing the rights of women in India and fostering a more inclusive and equitable labor market.

Keywords:- Crèche facilities, women workers, unorganized sector, flexible work arrangements, women empowerment.