Maternity Benefits Integral to Right to Life, Health and Equality

Recently, the Supreme Court overturned a Madras High Court ruling that denied maternity leave to a government school teacher for her third child.

• The apex court held that maternity leave is a part of women’s reproductive rights and deserves constitutional protection.

Maternity Benefits and Social Justice

• Historical Significance: Maternity benefits are deeply tied to social justice and the evolution of the welfare state. Originating in the 1880s, they reflect the influence of women in policymaking and the push for inclusion in both the workforce and the state.
• Early Welfare Models: Countries like Germany and France introduced maternity benefits to counter depopulation and improve maternal-infant health, helping integrate more women into formal work structures.

Global Progress in Reproductive Justice

• ILO’s Role: The International Labour Organisation (ILO) adopted the Maternity Protection Convention in 1919, advocating:
  • 12 weeks of paid maternity leave
  • Free medical care before and after pregnancy
  • Job security post-leave
  • Nursing breaks
• Global Adoption: Today, most countries have embraced the convention, driven by women’s activism and a broader movement for reproductive justice and labour rights.

India’s Early Legislative Efforts

• Pre-Independence Initiatives: India’s legislative engagement began with the Maternity Benefit Act (1929), introduced by B. R. Ambedkar, N. M. Joshi, and M. K. Dixit in the Bombay Legislative Council. The move was a response to the health needs of female textile workers in Mumbai.
• Resistance from Industry: Mill owners opposed the legislation, citing the economic burden. This led to reluctance in hiring women. However, provincial maternity laws followed in:
  • Madras (1934)
    
  • Uttar Pradesh (1938)
  • West Bengal (1939)
  • Assam (1944)
• Codified Labour Rights: In the 1940s–50s, B. R. Ambedkar championed the codification of labour laws, with an emphasis on maternity protection. His efforts laid the foundation for India’s long-term commitment to women’s rights in the workplace.

Post-Independence Legal Framework

• Maternity Benefit Act 1961:  The Maternity Benefit Act, 1961 regulated employment of women in various sectors — including government offices, private firms, factories, mines, plantations, and shops and establishments with 10 or more employees — both before and after childbirth.
• Key Provisions: 12 weeks of paid maternity leave
  • Protection from dismissal during maternity leave
  • Exemption from arduous work during pregnancy
• Nursing breaks post-childbirth
• Major Reforms: The 2017 amendment significantly expanded the Act’s provisions:
  • 26 weeks of maternity leave
  • Mandatory creche facilities for workplaces with 50+ employees
  • Right to visit the creche during the day
  • Mandatory employer communication of maternity benefits at the time of joining
• Global Alignment: These reforms were in line with the 2000 ILO Maternity Benefit Convention, aiming to enhance maternal health and workplace inclusion.

Global Practices in Family Leave

• Gender-Inclusive Policies: Some nations have advanced further by introducing paid parental or family leave, which expands support to both parents and promotes gender-inclusive caregiving.
• Sweden’s Pioneering Move (1974):  Sweden was the first country to introduce gender-neutral parental leave, challenging traditional assumptions that caregiving is solely a woman’s responsibility.
• Northern and Eastern Europe:  Countries like Norway, Finland, Denmark, Iceland, Estonia, Latvia, and Ukraine offer one year or more of paid family leave to parents, promoting work-life balance and shared responsibilities.
• Lack of Paid Leave:  Only eight countries globally do not provide guaranteed paid family leave at the national level  including  United States, Suriname, Tonga, Marshall Islands, Micronesia, Nauru, Palau and Papua New Guinea

Gender Discrimination in Employment

• Ongoing Debate: The responsibility for financing paid maternity leave has long been contested — state vs. employer.  In the absence of a clear consensus, the burden often falls on women, resulting in workplace discrimination during recruitment and promotion.
• Impact on Labour Force Participation: According to the Periodic Labour Force Survey (PLFS), 2022–23, female labour force participation in India stood at just 37%, reflecting the systemic barriers faced by women.
• Oxfam India: The India Discrimination Report 2022 by Oxfam India reveals that gender discrimination accounts for 98% of the employment gap between men and women.
• Employer Bias: Women are often perceived as less reliable due to their caregiving and domestic responsibilities, which leads to prejudiced hiring practices and promotion bottlenecks.

Shortcomings in Implementation of the 2017 Amendment

• Limited Applicability: Though the Maternity Benefit (Amendment) Act, 2017 was a progressive measure, its application is limited to the formal sector, where less than 10% of Indian women are employed.
• Low Awareness & Poor Compliance: Many women remain unaware of their rights under the Act. Employer compliance  especially for provisions like creche facilities  is often inadequate or ignored.
• Legal Provision: While work-from-home is permitted post-maternity, its enforcement depends on the nature of the job and is subject to employer discretion.
• Dependence on Employers: As a result, women are often dependent on employers to access their legal entitlements, making the provision less effective in practice.
• Majority Excluded: The Maternity Benefit Act currently covers only the formal sector, leaving out the vast majority of Indian women employed in the informal sector — such as domestic work, agriculture, construction, and street vending.
• Reproductive Rights at Risk:  These women also require the protection of their reproductive rights at the workplace, making the extension of legal provisions to this sector urgently necessary.
• Implementation Gaps: The private sector often lacks full compliance with the Maternity Benefit Act. Moreover, contractual employees are frequently excluded, despite facing the same physical and emotional demands as permanent workers.
• Delhi High Court’s 2023 Judgment: In a significant case, the Delhi High Court held that denial of maternity benefits is both inhumane and a violation of constitutional rights.
  • This ruling came in response to Delhi University‘s arbitrary termination of a contractual employee on maternity leave.
• Contractualisation of Jobs:  As more jobs become privatised and contractualised, ensuring that maternity protections apply to all categories of workers  including those on contracts   has become imperative.
• Lack of Paternity leave: Unlike many progressive countries, India lacks a comprehensive paternity or family leave law. Fathers are denied paternity leave, which limits their ability to share caregiving and reinforces traditional, gendered roles rooted in biological essentialism.

Conclusion

Maternity benefits are not just a labour issue — they are central to the right to life, right to health, and right to equality. Strengthen implementation of the existing maternity leave policy and initiate national dialogue on a comprehensive family leave law, covering mothers, fathers, and adoptive parents.