Author: Tejasvi Vaish, 2nd-Year B.A. LL.B. Student (Undergraduate), Shambhunath Institute of Law, Prayagraj, Uttar Pradesh.
Abstract
The article examines the complex environment and behaviour of maternity law in laws, further connecting it with the Indian and international laws and the amendments made and implementations enforced through the landmark judgement. It further examines the implementation gap in the act.
Keywords
Maternity law, Human Right Protection laws, International Maternity Laws, Implementation Gaps of Maternity Act, and Maternity Benefit Act 1961.
Introduction
Maternity protection is a critical aspect of woman’s rights and labour policy, representing a significant health issue for working mothers and their children. In India, maternity protection concerns are marked by the complex and multidimensional characteri.
The Maternity Benefit Act of 1961 promises a modern ground of protection for working mothers in India, like long paid leave safeguards against relation and basic child care support. Yet the delivery of the laws laid down lags because of the financial factors, as it lies entirely on employers, state crèche rules are inconsistent or missing, enforceability is lacking and most of the women work outside the reach of their law. The act is made for the upliftment of women’s rights and struggling mothers who leave their jobs during pregnancy.
Historical Evolution of Maternity Laws
The Maternity Benefit Act, 1961, aims to protect the working women in India during pregnancy and after childbirth along with the adoptive and surrogate mothers. It started with the 1929 Bombay Maternity Benefit Bill, pushed by leaders like Dr B.R. Ambedkar, after seeing women in textile mills forced to work through pregnancy with no leave or support. In today’s time this act ensures paid leave for women before and after delivery in firms with 10+ employees in order to protect their jobs.
The Maternity Benefit Act, 1961, has undergone various amendments since its establishment. The paid maternity leave, which was previously 12 weeks, has been increased to 26 weeks for the first 2 surviving children, and at least 8 weeks must be taken after the delivery to safeguard recovery child care. Also, women with 2 or more children remain entitled to 12 weeks of maternity leave. It even includes mothers who adopt a child below 3 months, and commissioning mothers now receive 12 weeks of
paid leave effective from the date of adoption or birth. The work-from-home option introduced after maternity leave: women may work from home if the job allows, which has been a boon to the mothers.
Maternity Law as a Human Right Law
Maternity rights has been not just a legal framework meant for implementation in legal writings, the motive and purpose of introducing this law as a human right, a fundamental right. This law does not stands alone. It is an building that stands on pillars of human right laws fundamental rights and international labour laws.
The United Kingdom’s Human Rights Act 1998, maternity rights are protected indirectly through several rights contained in the Human Rights Act 1998 and the European Convention on Human Rights included in:
- Article 8 – Right to Respect for Private and Family Life
- Article 14 – Prohibition of Discrimination
- Article 3 – Freedom from Inhuman or Degrading Treatment
- Article 2 – Right to Life
The International Human Rights instruments like United Nation’s Universal Declaration of Human Rights (Article 25), International Labour Organization’s Maternity Protection Convention’2000, protects the maternity rights of the women by recognizing mother hood and childhood are entitled to special care and it requires member of state to provide maternity leave, cash and medical benefits, protection, employment security and protection from discrimination.
In India the Maternity Benefit Act, 1961 governs the major ruling of protecting the women right during the maternity period by providing maternity leave and maternity maintenance. This law has is backing in the Constitution of India under various articles as fundamental rights:
- Article 14 – Right to Equality
- Article 15 – Prohibition from discrimination
- Article 16 – Equality of opportunity in public employment
- Article 21 – Right to Life and Personal Liberty
- Article 23 – Prohibition of forced labour
Along with these laws there are principles laid down in the directive principles of the state policy and by the International Labour Organization which influence these laws. The ILO provides a minimum of 14 weeks of maternity leave with a preference for 18 weeks in reasonable conditions. The wage is replaced by at least 2/3 of the previous earnings, preferably full pay, benefiting the health protection. The benefits provided are not just by social employers, but they should also be through social insurance public funds to avoid discrimination. No obligation has been ported to perform work; nursing breaks are right. Discrimination is not allowed, and the protection against this misuse on the grounds of pregnancy and maternity leave is punishable. In India this conversation is not ratified through the 2017 amendment, which brings India’s law in line and beyond on leave duration but not on financing.
Judicial Precedents
- Hamsaanandini Nanduri v. Union of India’ 2026 – In this case the supreme court held that , the maternity rights are not centered with childbirth but with motherhood. It provides pillar to the process of motherhood and care giving. Women adopting children are similarly situated to those adopting younger infants. The right to reproductive autonomy extends beyond biological reproduction and includes the decision to become a mother through adoption. Mother hood is a deeply emotional content not only a biological function and defined by care and responsibility so as per that there must be no discrimination between the adoptive surrogate or biological mothers. The object of the act is not associated with the process of the childbirth but with the process of the motherhood. The Supreme Court held the the Section 60(4) of the code on social security act’ 2020 imposes 3months age limit on adopted children for availing maternity benefits , violate the fundamental rights under Article 14 & 21 of the Constitution.
- K. Umadevi v. Government of Tamil Nadu & Ors.’2025 – In this case the supreme court held that maternity leave is the part of a women reproductive rights and is traceable to Article 21 of the Constitution. Maternity benefits must receive a liberal and purposive interpretation because they are beneficial measures meant to protect motherhood and childhood. The fact that the appellant had two children from her first marriage did not dis-entitle her from maternity leave for the child born from her second marriage.Population control measures and maternity benefits are not mutually exclusive.Both objectives must be harmonized in a purposive and rational manner to achieve social welfare. Maternity leave is the integral surface of the woman’s reproductive right under Article 21, and the rules concerning it shall be interpreted and possessively to advance the objective of the constitution of protecting and ensuring dignity to working women
- Urmla Masih v. State of Uttarakhand & Ors.’ 2018 – In this case, the court held that the section 27 of the act overrides all the inconsistent law, rule, contract or agreement. The court emphasized on the Article 42 which mandates state to secure just and humane conditions of work and provide maternity relief. It was reiterated from Punjab and Haryana High Court decision in Ruksana v. State of Haryana that maternity benefits are available even for the birth of a third child and subordinate legislation cannot curtail the rights granted under the parent statute. The Second Proviso to Fundamental Rule 153 was declared ultra vires and unconstitutional. Any rule restricting maternity leave to women having not more than two children is inconsistent with Section 27 of the Maternity Benefit Act, 1961 and contrary to Article 42 of the Constitution; therefore, such a rule is unconstitutional and cannot deprive a woman employee of maternity benefits for the birth of a third child.
The Wollstonecraft Dilemma
The Wollstonecraft Dilemma, explained by political scientist Carole Pateman in 1989 which describes the difficulties faced by women in achieving full equality and citizenship n the society. They often were expected to participate in the work even during the pregnancy, child care and household duties. All these patriarchal norms created a conflict.
This report recognizes two main ways through which women try to gain equality. However in many societies it was difficult for women to pursue both of it at the same time..the paid work and the recognition of unpaid labour was often difficult to manage and balance with the child care. This dilemma shows that the modern societies have not fully adapted the change to include women experiences and responsibilities within the concept of citizenship. All of these resulted in in undervalue contribution of women.
In conclusion this report highlights that issue of gender equality and citizenship recognition. It laid emphasis on the need of the society to to re-think its social values and institutions so that women can also enjoy equal rights.
Implementation Gaps & Compliance Issues
Even after progressive laws implementation is uneven the government reporting and independent data reveal major gaps especially on the new crèche mandate.
- Lack of compliance in State Rules – the responsibility of framing creche rules was left to the sates, which resulted in destruction as many sates lacked formal guidelines and monitoring mechanisms. The compliance of the act highly depend on the employers voluntary efforts
- Low Compliance with Creche Mandate policy – Surveys have indicated poor compliance of the creche facilities. Around 46% considered the compliance difficult. Smaller firms avoided compliance because of the cost.
- Regional Variations among the states – the enforcement differs significantly across the sate. The different regional in-equality resulted in lagging behind of the manufacturing and small enterprises. Several states have taken the limited actions regarding implementation.
- Enforcement lagging – There are shortage of labour inspectors and monitoring officials keeping the enforcement completely driven from the actual field work. No dedicated helpline or grievance redressal mechanism exists.
The 2017 Amendments
Extension of leave period – The paid maternity leave, previously 12 weeks has been increased to 26 weeks for the first 2 surviving children and the least 8 weeks must be taken after the delivery to safeguard recovery child care. Along with, the women with 2 or more children remain entitled to 12 weeks maternity leave.
Inclusion of Adoptive and Commissioning Mother – Also the 2017 amendment included provisions for adoptive mothers. Mothers who adopt a child below 3 months and commissioning mothers now receive 12 weeks of paid leave effective from the date of adoption or birth.
Work-from-Home and Crèche Requirements – The work from home option introduced after maternity leave women may work from home if the job allows which has been a boon to the mothers. In this firms with 50 or more employees must provide a crèche facility accessible to mothers with 4 daily visits including the rest breaks.
Conclusion
Maternity rights have been the integral part of the woman’s human rights and are essential for ensuring equal opportunity. Equality, dignity, and social justice. The international and Indian laws bot objects to protect and promote womanhood securing the employment certainty in the corporate sectors. Although these acts have strengthened the legal protection for working mother they some where lag due to the implementation compliance. Therefore, stronger policies and inclusive policies are necessary for the proper implementation of the act and the motives will be achieved.
