QUESTION - Write down the object and salient features of Maternity Benefit

Act.

OR

Discuss the various benefits available under the Act.

INTRODUCTION

A maternity benefit is one that every woman shall be entitled to, and her employer
shall be liable for, the payment of maternity benefit, which is the amount payable
to her at the rate of the average daily wage for the period of her actual absence.
Maternity Benefits should aim to regulate employment of women employees in
certain establishments for certain periods before and after childbirth and provides
for maternity and certain other benefits.

Post Maternity, women work participation rate is negatively affected in labour

market. It is important to recognize that women participation in labour market
has significantly increased in recent years, particularly in urban areas. Further,
most of the increase in women participation in labour market is contributed by
young women in urban areas. Since India is committed to creating a gender
friendly labour market environment, there is increasing realization to provide a
conducive working environment. Looking at the large number of women
employment in broad occupational categories, it was but natural to protect and
safeguard their health in relation to Maternity and the children.

The fundamental purpose for providing maternity benefits is to preserve the self-
respect for motherliness, protect the health of women, complete safety of the child
etc. Due to the increasing number of women employees in the government and
private sector, it became necessary to grant maternity leave and other maternity
allowances to working women.

The objective of maternity benefits is to protect the dignity of “Motherhood” by

providing the complete & health care to the women & her child when she is not
able to perform her duty due to her health condition. There is need for maternity
benefits so that a woman is to be able to give quality time to her child without
having to worry about whether she will lose her job and her source of income.
REASONS FOR NEED OF MATERNITY BENEFITS
Economic dependence of women is what gives rise to their subordination in
society today. Hence to remove such subordination and to lay the foundation of
equality women too must be made economically independent and must take an
active role in all sectors of business today. To support such initiative the
Government must provide some conditions which are suitable for the needs of
women.

Among the problems faced by women in the economic sphere of life

discrimination resulting from their biological role in nature of childbearing is one.
To curb such problem and protect the economic rights of women there is need for
maternity benefits for a female employee. Women are entitled to these benefits
as the child bearing process is intensely painful and can cause bodily damage.
This may severely affect the future work of the woman as an employee and
decrease her productivity so there is a need for maternity benefits for the women
worker.
To safeguard working women and their rights to remain self-reliant and
economically independent, maternity benefits are required. A just social order
can be achieved only when inequalities are obliterated and everyone is provided
what, is legally due. When who constitute almost half of the segment of our
society have to be honoured and treated with dignity at places where they work
to earn their livelihood. Whatever be the nature of their duties, their avocation
and the place where they work; they must be provided all the facilities to which
they are entitled. To become a mother is the most natural phenomena in the life
of a woman. Whatever is needed to facilitate the birth of child to a woman who
is in service, the employer has to be considerate and sympathetic towards her and
must realize the physical difficulties which a working woman would face in
performing her duties at the work place while carrying a baby in the womb or
while rearing up the child after birth.
Historically, maternity has been treated as a state of disability in women workers
from undertaking any work during the few weeks immediately preceding and
following child birth. With the emergence of the system of wage labour in the
industrial undertakings, many employers tended to terminate the services of the
women workers when they found that maternity interfered with the performance
of normal duties by women workers. Many women workers, therefore, had to go
on leave without pay during this period in order to retain their employment.

Many others had to bear a heavy strain to keep their efficiency during the periods
of pregnancy, which was injurious to the health of both, the mother and the child.
To remove this hardship of the women workers, the concept of maternity benefit
is needed in order to enable the women workers to carry on the social function of
child; bearing and rearing without undue strain on their health and loss of wages.
The vast majority of women want to have children at some time in their lives.
The economic arrangements which were there earlier required them to
compromise their career and family goals. Hence, although women have taken
enormous strides toward gender equity at work, as long as traditional gender
ideologies and assumptions (i.e., sex-typed stereotypes, roles, and status beliefs)
linger, they won’t have been able to continue in the business unless there is
maternity benefits provision.
MATERNITY BENEFITS AND INDIAN CONSTITUTION

The rights and privileges for the betterment of women are: right to equality in law
[Article 14], right to social equality [Article 15], right to social equality in
employment [Article 16] right to adequate means of livelihood [Article 39 (a)],
right to equal pay for equal work [Article 39 (d)], right that the health and strength
of workers both men and women are not abused [Article 39 (e)], right to just and
humane conditions of work and maternity relief [Article 42], and right to
improvement in employment opportunities and conditions of the working women
[Article 46].

Article 15(3) of the Indian Constitution empowers the State to make special
provisions for women. The main object of Article 15 (3) is based on “protective
discrimination” keeping in view the weak physical position of women. The
reason is that “women’s physical structure and the performance of maternal
functions places her at a disadvantaged position in the struggle for subsistence,
and her physical well-being becomes an object of public interest and care in
order to preserve the strength and vigor of the race.” This provision has enabled
the State to make special statutory provisions exclusively for the welfare of
women.

Article 21, Right to Life and Personal Liberty is not merely a right to protect one’s
body but the guarantee under this provision contemplates a larger scope. Right to
Life means the right to lead meaningful, complete and dignified life. It does not
have restricted meaning. It is something more than surviving or animal existence.
The meaning of the word life cannot be narrowed down and it will be available
not only to every citizen of the country. Therefore, the State must guarantee to a
pregnant working woman all the facilities and assistance that she requires while
protecting her employment as well as her own and her child’s health.

The Directive Principles of State Policy contained in Part IV of the Constitution

of India, under Article 41 requires the State to make effective provision for
securing the right to work and to education and Article 42 requires that the State
shall make provision for securing just and humane conditions of work and for
maternity relief. “Since Article 42 specifically speaks of “just and humane
conditions of work” and “maternity relief”, the validity of any service rule and of
an executive or administrative action in denying maternity benefit has to be
examined on the anvil of Article 42 which, though not enforceable at law, is
nevertheless available for determining the legal efficacy of the service rule and
of the action complained of.”
ISSUES RAISED BEFORE THE SUPREME COURT WITH
REFERENCE TO THE MATERNITY BENEFIT ACT, 1961
AND JUDICIAL RESPONSE
Municipal Corporation of Delhi v. Female Workers: In this case Union of
Female Workers who were not on regular rolls, but were treated as temporary
workers and employed on Muster roll, claimed that they should also get maternity
benefit like regular workers. The court held that the provisions of the Act would
indicate that they are wholly in consonance with the Directive Principles of State
Policy, as set out in Article 39 and in other Articles, especially Article 42. A
woman employee, at the time of advanced pregnancy cannot be compelled to
undertake hard labour as it would be detrimental to her health and also to the
health of the foetus. It is for this reason that it is provided in the Act that she
would be entitled to maternity leave for certain periods prior to and after delivery.
Shah vs. Presiding Officer, Labour Court, Coimbatore and other: The question
before the Supreme Court was whether in calculating the maternity benefit for
the period covered by Section 5 Sundays being wage fewer holidays should be
excluded. Issues Raised before the Courts with Reference to Maternity Benefit
Act, 1961.
• The Apex Court in holding that Sundays must also be included, applied the
beneficial rule of construction in favor of the woman worker and observed
that the benefit conferred by the Act read in the light of the Article 42 of
the Constitution was intended to enable the woman worker not only to
subsist but also to make up her dissipated energy, nurse her child, preserve
her efficiency as a worker and maintain the level of her previous efficiency
and output.
• During this period she not only cannot work for her living but needs extra
income for her medical expenses. In order to enable the woman worker to
subsist during this period and to preserve her health, the law makes a
provision for maternity benefit so that the woman can play her productive
and reproductive roles efficiently.
• Performance of the biological role of child bearing necessarily involves
withdrawal of a woman from the workforce for some period.

BENEFITS/SALIENT FEATURES

(i) Duration of maternity leave [S. 5(3)]

The Act states that every woman shall be entitled to a maternity benefit of 12
weeks. The Act endeavours to increase the same to 26 weeks. Furthermore, as
per the prior provisions, a woman could not avail of the said benefit before 6
weeks from the date of expected delivery. The Amendment changes this to a
period of 8 weeks. In the case of a woman having two or more children, the
maternity benefit will continue to be 12 weeks, which cannot be availed before
six weeks from the date of the expected delivery.

(ii) Maternity leave for adoptive and commissioning mothers: [S.5(4)]

The Amendment furthermore grants 12 weeks of maternity leave to, a woman

who legally adopts a child below three months of age; and a commissioning
mother who has been defined as a biological mother who uses her egg to create
an embryo implanted in another woman. The 12 weeks of maternity benefit will
be calculated from the date the child is handed over to the adoptive or
commissioning mother.

(iii) Option to work from home: [S.5 (5)]

The Amendment brings in a novel provision that permits women to work from
home, depending upon the nature of the work that is to be carried out by them.
By a mutual agreement, the work can be decided upon by the employer and the
employee. This option does not get exhausted after delivery but can continue
even post-delivery for a period mutually decided by the employer and the
woman.

(iv) Crèche Facilities: [S.11A-(1)]

The Amendment brings in a fresh provision of having creche facilities within a

stipulated distance. The mother shall be allowed 4 visits to the creche in a day,
including her time for rest.

(v) Informing women employees of the right to maternity leave: [S.11-A

(2)]

The provision calls for spreading awareness amongst women employees at the
time of their employment vis-à-vis maternity benefits available to them.

(vi) Leave for Miscarriage [S.9]

After a miscarriage or medical termination of pregnancy, a woman shall be

given a 6 weeks maternity benefit on the production of medical documents.

(vii) Leave with wages for tubectomy operation [S.9-A]

After providing necessary medical documents, a woman shall get 2 weeks of

maternity benefit immediately after the operation.

(viii) Prohibition of dismissal during absence or pregnancy [S.12]

It is unlawful to dismiss or discharge a woman employee who is absent from
work in accordance with provisions of this Act. If the employer has dismissed
or discharged the employee, he will have to pay her maternity benefit or bonus
as specified in the Act. If this is not complied with, then the aggrieved woman
can appeal to the authorities.

(ix) Appointment of inspectors [S.14]

For administration and enforcement of the Act, the government has appointed
Inspectors. According to S.16, these Inspectors shall be Public Servants as
defined in S.21 of the Indian Penal Code.

(x) Power of Inspector to direct payments to be made [S.17]

An Inspector can make an enquiry on his own or by complaint given by the

aggrieved employee. If after investigation the complaint is found to be correct
then the Inspector can direct the employer to pay the employee. If the employee
is not satisfied with the decision of the Inspector then an appeal can be made to
the prescribed authority.

(xi) Penalty for contravention of Act by employer [S.21]

If the employer fails to pay the amount, then he shall be punished in accordance
with provisions of the Act. There shall be imprisonment for not less than 3
months and extendable up to 1 year, with a fine, not less than Rs.2000 which
may extend up to Rs.5000. The aforementioned provisions are an exhibit of a
progressive approach of the legislature regarding women’s rights and the need
to provide women ample opportunity and space for growth which they
otherwise were deprived of before this particular amendment. The legislature
has adhered to the ethos of a welfare state by churning out this amendment.