Abstract

MATERNITY BENEFIT IN INDIA: THE ROAD TAKEN SINCE 1929

Ms. R.M. Deva Soorya, Dr. S.V.Srinivasa Vallabhan

Volume: 6 Issue: 4 2016

Abstract:

Providing Maternity Benefits for working women is the result of societal recognition of women’s participation in the labour market. Legislations to extend such benefits are being considered as very important welfare measure for women. In India, there has been remarkable developments in the field since 1929, after some prior hesitations. With the 2016 amendments recently approved by the Rajya sabha, to the Maternity Benefit Act 1961, the country has joined a very short list of elite countries that have provided for higher maternity leave periods/benefits than the ILO standard in this regard. Judiciary in India has played a very helpful role through positive and beneficial interpretations of the central Maternity Benefit Act 1961.Through several pro-women pronouncements, higher courts in India have greatly clarified and amplified the scope and provisions of the Act. The Indian jurisprudence evolved over the years on maternity benefits for women has been consistent to promote women welfare upholding the spirit of the constitution emanating from its Part III Fundamental Rights and Part IV Directive Principles of State Policy. In the recent context of Government of India deciding to enhance the maternal benefit leave for 24 weeks and Tamil Nadu Government extending the maternity leave period for 9 months for women in State Government employment, this contribution revisits the legislative and jurisprudential developments thus far with the view to provide fresh enlightenment.

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References

• Labour Legislation in India, International Labour Organization (ILO) 1952, p.98.
• Central Provinces and Berar in 1930.,Madras and Ajmer in 1934, Delhi in 1937, U.P. in 1938, Bengal and Sind in 1939, Hyderabad in 1942, Punjab in 1943, Assam in 1944 and Bihar in 1945. [In Bihar the Maternity Benefit Act, was reenacted in 1947 with certain changes.]
• Article 14, Article 15, Article 16, Article 15 (3), Article 23, Article 39 (a), Article 39 (d), Article 39 (e), Article 42, Article 46 of the Constitution of India;
• Globally, 51 per cent of countries provide a Maternity leave period of at least 14 weeks, the standard established by ILO Maternity Protection Convention, 2000 (No. 183). 20 percent of countries meet or exceed the standard of 18 weeks of leave suggested in Recommendation No. 191. [ For more details see: Shashi Bala ,Implementation of Maternity Benefit Act, V.V. Giri National Labour Institute,2012] Very recently, the T.N. Chief Minister has announced in the Legislative Assembly that from now on ‘Women Govt Employees in the state shall have the benefit of 9 months of maternity leave.’
• 1966 AIR 942, 1966 SCR (2) 477
• Justice A.N.Wanchoo in Bombay Labour Union vs. International Franchises Pvt. Ltd. 1966 AIR 942, 1966 SCR (2) 477
• 1978 AIR 12 ;(1977) 4 SCC 384-Date of Judgment 12/10/1977
• See 1978 AIR 12 ;(1977) 4 SCC 384-Date of Judgment 12/10/1977 and also (1982(2) LLJ 20
• 1985(3) SLR 548=1985(2) SLJ 437 (SC).
• AIR 2000 SC 1274, 2000 SCC (L&S) 331
• Section 9 states that ‘In case of miscarriage or medical termination of pregnancy, a woman shall be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage, or, as the case may be, her medical termination of pregnancy.’
• AIR 2008 SC 3182