WOMEN’S RIGHT TO MATERNITY BENEFITS: BALANCING EMPLOYMENT AND REPRODUCTIVE RIGHTS

Maternity benefits form an integral part of labour welfare, reproductive rights and gender equality. Such benefits help safeguard women from the economic and professional drawbacks caused due to the process of pregnancy and childbirth and allow women to remain actively involved in work. In India, maternity benefits are guaranteed by the constitution, statutes and judicial precedents. The Maternity Benefit Act, 1961 especially the amended version of the Act which came into force in 2017 provides for maternity leaves on payment and provisions regarding adoption mothers, commissioning mothers and childcare facilities. Code on Social Security, 2020 which is a compilation of several social security statutes including those related to maternity benefits. However, despite such developments, several women find it difficult to access maternity benefits, especially in the case of women working in insecure, informal and casual employment. Employer funded benefits may also provide employers with a motive to adopt discriminatory recruitment policies. This paper will discuss the legal framework for providing maternity benefits, examine judicial precedents in this context, suggest reforms and mention problems with implementing maternity benefits.