India: Rights Of Working Mothers Under Maternity Benefits Act 1961

Introduction

In the past, women had a limited contribution to the workforce and their majority time was dedicated to the duties and obligations at home. Forget about employment women in past were deprived of the basic rights due to prevalence of patriarchy. The culture of working women in India mostly emerged after the independence. As a result of urbanization, industrialization and new social norms women were encouraged to work and contribute in the economic development of the country. Today women have to balance a challenging act as they transition from their roles at professional sphere and also the duties that wait for them at home. While putting an end to one issue numerous other issues arose such as discrimination and poor working conditions in the workplace. Issues such as gender pay gap, sexual harassment, limited opportunities compared to men and also pregnancy discrimination developed as one. Pregnant women either had to resign from their jobs or faced discrimination in order to care for their unborn children.

Historical Background

The first piece of legislation pertaining to maternity benefits in India was the enactment of Bombay Maternity Benefit Act in 1929¹. It allowed female factory workers to receive benefits both before and after giving birth. Later similar laws were enacted in other states. Three statues were enacted by the then-central government containing the provisions for maternity benefits, they were the plantations Labour Act of 1951, The employees state insurance act of 1948² and the mines maternity benefit act of 1941. However, there were notable differences amongst these laws regarding the duration of leave, the prescribed benefit rate, the minimum employment duration needed to be eligible, and other aspects.

In order to address this shortcoming, On December 12, 1961 the Maternity Benefit Act, 1961³ was eventually passed by the Central Government. It repealed the Mines Maternity Benefit Act, 1941⁴, as well as the Plantations Labour Act⁵, 1951's maternity benefit provisions in an effort to create uniformity in all facets of maternity benefits.In accordance with the then-current international standards, the statute included conditional benefits for pregnancy, childbirth, and complications related to those conditions. Despite the fact that India was still a developing country and was only in its 14th year of independence, the Act covered a wide range of topics with great care and precision, giving careful consideration to many different aspects of factors influencing maternity benefits. The Rajya Sabha passed a bill in 2016, and the "Maternity Benefit (Amendment) Act 2017" went into effect on April 1st, 2017, further proving to be beneficial for mothers.

Scope and applicability of the Maternity Benefit Act

The primary goal of the Actis to regulate women's employment in various establishments for a fixed period and to offer maternity and other benefits. The Act is aimed at promoting women's security and, in a sense, encouraging them to work and assist in caring for their children.

As per section 2 and 3(e)⁶ of the Actit covers all establishments such as factories, mines, plantations and also covers any government and private organisations having ten or more employees. Also, it covers all "establishments" and "commercial establishments" covered under section 2(9) and 2(5) of Delhi Shops and Establishments Act 1954. Further the state government upon approval of central government may declare any establishment or class of establishments that is involved in any activity or activity related to industrial, commercial or agricultural declare such establishments to be covered under the ambit of Maternity Benefit Act.

Also, subject to the exceptions provided in sections 5A and 5B⁷, no factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 apply will be covered by the provisions of this Act (Section 2(2) of the Act). Moreover, in accordance with Section 26 of the Act, the relevant Government may, upon notification, exempt an establishment from the Act's provisions, subject to the restrictions outlined in that Section.

Eligibility for Maternity Leave

According to the Maternity Benefit Act, a woman is only eligible for maternity benefits if she has worked as an employee in a business for at least eighty days during the previous twelve months. Only then she can take advantage of this required maternity leave as well as any additional leave or benefits that her employer offers her if she meets this requirement.

Rights of working mothers under Maternity Benefit Act

Maternity Leave Duration:As per the Maternity Benefit Act, all women are eligible for twelve weeks of maternity leave, which cannot be used earlier than six weeks after the anticipated date of delivery. This time frame was shortened to 8 weeks following Amendment 2017, while the length of maternity leave was extended to 26 weeks.

Post-pregnancy illness: The Act permits women to take a month's leave of absence for recovery in the event that they experience a serious illness after giving birth.

Adoptive and Commissioning mothers:Adoptive and commissioning mothers are entitled to twelve weeks of paid leave for maternity, beginning on the day the child is turned over to them. Biological mothers who donate their eggs to create an embryo that is then implanted in another woman are known as commissioning mothers. Moms who lawfully adopt a child under three years old are known as adoptive mothers.

Leave for Miscarriage: Following the presentation of medical documentation, women may choose to take a six-week leave of absence in the event of a miscarriage or medically assisted pregnancy termination.

Healthcare Incentive: The Central Government also offers financial assistance to expectant mothers under the Maternity Benefit Act of 1961; specifically, they give them INR 3500. In addition, pregnant and nursing mothers are eligible for a minimum bonus of INR 6000 under the National Food Security Act of 2013.

Tubectomy cases: The Act allows women to choose to take a two-week leave following a tubectomy. The appropriate paperwork must be provided to the employer before choosing to take advantage of this benefit.

Appointment and powers of inspectors: The government appoints Inspectors, who are primarily public servants, to enforce the Act. An inspector can conduct an independent investigation into mistreatment of expecting mothers or respond to a complaint from the employer. Employees can file an appeal with the designated authority if they are unhappy with the inspector's decision, but if the complaint proves to be true, their employer is required to compensate them.

Judicial position in India

The Indian judiciary has been instrumental in shaping the maternity benefit legislation by providing interpretations that have favoured working mothers. The following is a brief discussion of a few significant court rulings:

i. In a recent case of Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department & Ors⁸ the Supreme Court, sitting in three-judge bench ruled that a woman would be entitled to full maternity benefits after working in an establishment for 80 days, even if those benefits go beyond the terms of her contract.

ii. The Delhi High court in the case of Vandana Kandari vs. University of Delhi⁹, decided that any action taken by a university or college that denies or detains a female student for any semester on the sole basis that she was unable to attend classes because she was in a later stage of her pregnancy or because she gave birth to a child not only completely violates women rights and idea of gender equality but also the conscience of our Constitution.

iii. The supreme court in the case of Rattan lal and Ors vs. State of Haryana and Ors¹⁰ mandated the payment of salary during summer vacations, medical leave, maternity leave, casual leave benefits, to those who are eligible for them after harshly criticizing the state government's practice of refusing ad hoc teachers' salaries and allowances during the summer break.

iv. In the case of AIR India v. Nergesh Meerza and Others¹¹ the Supreme Court found out that the clauses that declared that an Air Hostess's services would end upon her first pregnancy to be arbitrary and unreasonable. As a result, this clause violated Article 14 of the Indian Constitution since it is not only arbitrary but also unfair and demonstrate blatant despotism. The court also increased the retirement age from 35 to 45 years for Air Hostess's.

v. In B. Shah vs. Presiding Officer, Labour Court, Coimbatore and Ors¹²the question to the Supreme Court was whether wage-less holidays like Sundays could be excluded when determining maternity benefits period. The Apex Court applied the beneficial rule of construction in favor of women workers when it held that Sundays had to be included. It noted that the benefit granted by the Act, when read in the context of Article 42 of the Constitution, was meant to allow women workers to not only survive but also to replenish their lost energy, care for their children, maintain their productivity as workers, and restore their previous level of efficiency. She needs more money to pay for her medical bills because she can't work during this time.In order to help the female worker survive and maintain her health during this time, as well as to enable her to carry out her productive and reproductive tasks, the law provides maternity benefits.

vi. In the case of K Chandrika v Indian Red Cross Society¹³ the Delhi High court observed that the female employee was on her maternity leave when her job was terminated without any communication to her about the same. Since the worker had no intention of joining the management team, the Industrial adjudicator denied her reinstatement and any associated benefits. The Delhi High Court ruled that her service was unlawfully and unjustifiably terminated. The court ordered the female employee be reinstated in the service with continuity of service in order to calculate service benefits.

2017 Amendment

The 2017 Amendment that declared that maternity benefits should be extended to 180 days and made available in the State, was introduced in response to the 259th Law Commission Report. Every woman should be eligible for full maternity benefits, including those who work in the unorganized sector. Furthermore, appropriate regulations emphasizing paid maternity leaves offered by private sector employers ought to be implemented. As per the amendment any establishment covered by the Act that employs fifty or more people is required to offer crèche facilities to its female employees within a certain radius. Along with the interval time allotted for her to rest, the employer should permit female employees to visit the childcare facility four times a day.

Also, the female employees may choose to work from home provided it is necessary and appropriate for their line of work. This option is available even after delivery during the post-delivery period, and a female employee may use it provided both the employer and the employee agree to it.¹⁴ It also extended the length of paid maternity leave from 12 to 26 weeks, with no more than eight weeks precede the anticipated delivery date. One of the provisions that is implemented following the 2017 Amendment was to inform female employees about maternity benefits at the time of their appointment. Termination of employee if it clashes with the first day of maternity leave will be treated as termination on the basis of pregnancy which is unlawful and unjustifiable.

Conclusion

Maternity laws were introduced to assist pregnant women and their unborn child in reducing stress and negative thoughts regarding their dilemma to quit their jobs or stay on during their pregnancy.Working women can receive a range of benefits from the Maternity Benefit Act, both before and after their pregnancy. Specific provisions have also been introduced to support these benefits. Also the Pregnant women can receive maternity benefits through the scheme known as the Jnani Suraksha Yojana, in addition to the various programs under the Maternity Benefits Act. Lastly, the government and the employers also need to carry out awareness programs to inform their female employees about these initiatives.

Footnotes

1. The Bombay Maternity Benefit Act, 1929

2. The Employees State Insurance Act, 1948

3. Maternity Benefit Act, 1961

4. The Mines Maternity Benefit Act, 1941

5. The Plantations Labour Act, 1951 (Act 69 of 1951).

6. Maternity Benefit Act, 1961

7. ibid

8. 2023 SCC OnLine SC 1067

9. 2010 SCC OnLine Del 2341

10. Rattan Lal v. State of Haryana, (1985) 4 SCC 43

11. Air India v. Nergesh Meerza, (1981) 4 SCC 335

12. B. Shah v. Presiding Officer, Labour Court, (1977) 4 SCC 384

13. K. Chandrika v. Indian Red Cross Society, 2006 SCC OnLine Del 454

14. Section 5(5) of the Maternity Benefit Act, 1961.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.