A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ITS ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHER IN INDIA
AUTHOR – NIKITA SHARMA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY MAHARASTRA
BEST CITATION – NIKITA SHARMA, A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ITS ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHER IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 256-270, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
This paper looks at how the Maternity Benefit Act, 1961 has evolved over time and what kind of difference it has made for working women in India. When it was first introduced, the main goal was to protect women’s rights during pregnancy and after childbirth, ensuring they wouldn’t have to choose between having a child and keeping their job. It was one of the earliest efforts by the Indian government to support women in the workplace, shaped by both local needs and global labour standards.
One of the biggest turning points for the Act came in 2017, when it was amended to provide stronger protections. The most notable change was increasing paid maternity leave from 12 weeks to 26 weeks. Additionally, larger companies were required to set up crèche (childcare) facilities, and work-from-home options were introduced in certain cases. The amendment also ensured maternity benefits for adoptive and commissioning mothers. While these improvements were widely seen as progressive, they did create challenges—especially for smaller businesses that had to manage the additional financial burden1.
This paper doesn’t just look at the history of the Act and how its provisions have changed, but also evaluates how effective it has been in practice. It explores whether women actually receive the benefits promised under the law and examines how companies implement these provisions. Another key focus is whether the Act has helped retain women in the workforce and encouraged more women to enter formal employment. While the Act is a positive step on paper, challenges still exist, particularly in private-sector jobs and unorganized industries where enforcement is weak.
The research draws on legal texts, court cases, government reports, and expert opinions to provide a balanced view of where the Maternity Benefit Act stands today—its successes, its shortcomings, and areas that need improvement. Overall, while the Act and its 2017 amendment are important milestones for workplace gender equality, there’s still work to be done to ensure that every woman, regardless of where she works, gets the support she needs during maternity.
KEYWORDS: Maternity Benefit Act,1961, Maternity Benefit (Amendment) Act, 2017, Working Mothers, Women in the Workforce, Maternity Leave Policy, Labour Legislation in India, Workplace Gender Equality, Employee Rights, Work Life Balance