Critical Analysis of Maternity Benefit Act, 1961

Author – Anirudh Bhati, Student at Bennett University

BEST CITATION – Anirudh Bhati, Critical Analysis of Maternity Benefit Act, 1961, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 723-729, ISSN – 2583-2344.

Abstract

This paper provides the analysis of the Maternity benefit Act, 1961 which provides for the various benefits to be received by woman employees during course of her pregnancy. This act aim to curb the problem of lesser participation of woman in workplace because of her pregnancy and promote the motherhood by providing health care and nourishment which infant child requires during initial age. Another aim is to provide her the protection against the loss of job and to have source of income during the period when is enable to work it makes the woman independent. The paper also discusses the amendment made in Maternity benefit Act in 2017 which made significant changes to provide better benefits to woman and encourage women in employment. The most significant change is maternity leave increased form 12 weeks to 26 weeks The purpose behind increasing the number of leave is provide woman sufficient time to recover and spent time in child care. This paper also provide the critical analysis of the Maternity benefit Act  such as for placing the full financial burden on the employer. Additionally, it says nothing regarding nursing breaks’ time, accessibility, or regularity. In this paper I have also discussed the various judicial interpretation and decision of the court. Another important part of this paper is that it discusses the international perspective with respect to maternity laws. It compares the position of various other countries such as Singapore, Malaysia, Indonesia etc. which provides a perspective as to where India stands globally with respect to Maternity benefits to woman.

Keywords: Maternity benefit Act, Maternity Leave, amendment, Social Security, Woman