Latest news with #MaternityBenefitAct
Indian Express
2 days ago
- Politics
- Indian Express
Maternity benefits integral to right to life, health and equality
— Rituparna Patgiri In a recent judgment on May 23, 2025, the Supreme Court set aside a Madras High Court order that had denied maternity leave to a government school teacher for the birth of her third child. The Court ruled that maternity leave is part of a woman's reproductive rights and requires constitutional protection. This case once again highlights how maternity benefits are integrally connected to notions of social justice and inclusion. Historically, the provision of paid maternity leave is connected to the idea of the welfare state from the 1880s. It emerged as an outcome as well as a cause of women's influence in policy making. Maternity benefits were first granted in welfare states such as Bismarckian Germany and France to deal with concerns about depopulation and maternal and infant health problems. This helped incorporate more and more women into the state apparatus as well as workforce. In 1919, the newly formed International Labour Organisation (ILO) adopted the Maternity Protection Convention. It called for 12 weeks of paid maternity leave, free medical care during and after pregnancy, job guarantees upon return to work and periodic breaks for nursing. Today, almost all countries have adopted this convention in some or the other form. These gains in terms of reproductive justice are the result of women's activism and push for social justice. Historically, the rights of working women were usually overlooked in policy priorities. In the context of India, the history of women's reproductive rights and freedom dates back to the pre-independence period. The Maternity Benefit Act – drafted by B. R. Ambedkar, N. M. Joshi and M. K. Dixit – was introduced in the Bombay Legislative Council in 1929. This was in response to the presence of a sizable number of women workers in Mumbai's textile industry, who needed better medical care. Mill owners were not happy because they felt that the burden of taking care of women's maternal care was unfairly placed on them. There was resistance to hiring women. Nonetheless, several provincial maternity benefit acts were passed in Madras (1934), Uttar Pradesh (1938), West Bengal (1939) and Assam (1944). In the 1940s-50s, Ambedkar pushed for the codification and unification of labour laws, including maternity protection. In post-independence India, the Maternity Benefit Act was enacted in 1961. It regulated the employment of women in various sectors (including government agencies, private corporations and factories, mines, plantations, shops and establishments with ten or more employees) before and after childbirth, and provided maternity benefits. The Act granted benefits such as 12 weeks of paid maternity leave, no dismissal during maternity leave, no arduous work during pregnancy and nursing breaks after childbirth. The Maternity Benefit Act of 1961 was amended in 2017. This act extended maternity leave to 26 weeks, facilitated the establishment of childcare facilities like creches in workplaces with 50 or more employees, and granted mothers the right to visit these creches during the day. It also required employers to inform women of the maternity leave provisions at the time of joining. These provisions were mandated by the 2000 ILO Maternity Benefit Convention. However, some countries have also introduced paid parental or family leave policies. It extends the idea of paid maternity leave to make workplaces more gender inclusive. In 1974, Sweden became the first country to introduce parental leave – available to both parents – as a gender neutral policy. It went beyond the idea of the traditional notion that caregiving is solely a woman's responsibility. Some countries in Northern Europe – such as Norway, Finland, Denmark, and Iceland – as well as other Eastern European nations like Estonia, Latvia, and Ukraine, provide one year of parental or family leave. There are only eight countries in the world (Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Suriname, Tonga and the United States of America) that do not guarantee paid family leave at the national level for either men or women. In addition, the issue of paid maternity leave has constantly ignited debates about whether the responsibility to pay for the leave period lies with the state or the employer. In the absence of consensus, women continue to bear the brunt and face discrimination in both recruitment and promotion in workplaces. This is reflected in low female labour force participation, which stood at 37 per cent according to Periodic Labour Force Survey (PLFS), 2022–23). Moreover, the India Discrimination Report 2022 by Oxfam India suggests that gender discrimination is the reason for 98 per cent of the employment gap between males and females. Employers are often prejudiced against women because of their caregiving and household responsibilities. Although the Maternity Benefit (Amendment) Act, 2017 was a progressive step, its implementation remained sketchy. It applies only to the formal sector where less than 10 per cent of Indian women are employed. Awareness about its provisions is also low, and employers often fail to comply, particularly with requirements such as creche facilities. Moreover, while work from home is permitted by law after the maternity period depending on the nature of the work, it is often left to employers' discretion. As such, women are dependent on the employers' for availing their legal rights. Also Read | Women in judiciary: A mountain to climb It may be argued that there is a need to extend the provisions of the Maternity Benefit Act to the informal sector, where the majority of Indian women, especially from marginalised sections, are employed. Women in informal sectors like domestic work, agriculture, construction sites, street vending, etc. also require protection of their reproductive rights in their workplaces. The private sector too needs to be made more compliant in implementing the act. There have also been demands that maternity benefits should be granted to contractual employees in addition to permanent ones. In 2023, the Delhi High Court noted that the denial of maternity benefits is inhumane and violates constitutional rights. This was in response to the University of Delhi's arbitrary termination of the services of a contractual employee while she was on maternity leave. As more and more jobs are privatised and contractualised, extending the act to both the private sector and contractual employees has become imperative. While many countries have moved towards a more progressive parental or family leave policy, India does not yet have a comprehensive family or paternity leave law in place. Fathers do not get paternity leaves, which not only limits their ability to share caregiving responsibilities but also reinforces traditional gender roles that are biologically essentialist. In this context, better implementation of the existing maternity leave policy, alongside a discussion over a comprehensive family leave policy, becomes important. After all, maternity benefits are an integral part of the right to life, the right to health and the right to equality making it a question of women's inclusion, social justice and constitutional protection of their rights. How has the evolution of maternity benefit policies in India reflected broader shifts in the understanding of women's reproductive rights and social justice? Despite the existence of the Maternity Benefit Act (2017), why does the implementation gap persist, especially in the private and informal sectors? What are the implications of excluding informal sector and contractual women workers from maternity benefits, both socially and economically? Do you think better maternity and family leave policies will help increase female labour force participation and reduce the gender employment gap? How does the legal and policy framework for maternity benefits in India compare with global best practices, particularly in the Global North? (Rituparna Patgiri is an Assistant Professor at the Indian Institute of Technology (IIT), Guwahati.) Share your thoughts and ideas on UPSC Special articles with Subscribe to our UPSC newsletter and stay updated with the news cues from the past week. 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Business Standard
23-05-2025
- Politics
- Business Standard
Maternity leave part of reproductive rights; SC sets aside Madras HC order
SEO-friendly URL ✅ Meta Description ✅ Meta Keywords The Supreme Court on Friday ruled that maternity leave is a component of a woman's reproductive rights, setting aside a Madras High Court order that had denied leave to a woman for the birth of her third child. A bench comprising Justices Abhay Oka and Ujjal Bhuyan observed, 'We have delved into the concept of reproductive rights and have held that maternity benefits are a part of reproductive rights, and maternity leave is integral to maternity benefits. Therefore, the impugned order has been set aside.' The case The apex court was hearing a petition filed by a government school teacher in Tamil Nadu, who was denied maternity leave for the birth of her first child from a second marriage. The petitioner argued that she had not availed maternity leave for her first two children, who were from a previous marriage and born before she joined government service. Custody of those children remains with their father. Tamil Nadu's service rules restrict maternity benefits to the first two surviving children, which was the basis of the state's denial. HC first allowed, then reversed the relief The woman had initially approached the Madras High Court, where a single-judge bench of Justice V Parthiban ruled in her favour and directed the state to grant her one year of maternity leave from October 11, 2021, to October 10, 2022, as reported by LiveLaw. The judge had held that the state rule was in conflict with the Maternity Benefit Act, 1961, a central law, and therefore void under Article 254 of the Constitution, which states that central law prevails over conflicting state laws. However, the state government challenged the order, and a division bench of the High Court reversed it. The division bench ruled that maternity leave was a statutory—not fundamental—right, and that the central legislation did not apply to government employees, who are governed by their own service rules. The Supreme Court's ruling now reinstates the woman's right to maternity leave, placing it within the ambit of reproductive rights and clarifying that such benefits must align with constitutional protections.
News18
23-05-2025
- Politics
- News18
Maternity Leave Integral Part Of Women's Reproductive Rights, Says Supreme Court
Last Updated: The order was passed on a petition filed by a Tamil Nadu woman government teacher who was refused maternity leave after the birth of her child from her second marriage The Supreme Court on Friday ruled that maternity leave is an integral component of maternity benefits and a vital part of women's reproductive rights. A bench of Justice Abhay S Oka and Justice Ujjal Bhuiyan said that no institution could deprive a woman of her right to maternity leave. The order was passed on a petition filed by a Tamil Nadu woman government teacher who was refused maternity leave after the birth of her child from her second marriage. The petitioner said her maternity leave was denied because she already had two children from her first marriage. Tamil Nadu has a rule that maternity benefits are only extended for the first two children. The petitioner clarified that she had not availed of any maternity leave or benefits for her two children from her first marriage. She also stated that she joined government service only after her second marriage. Advocate KV Muthukumar, representing the petitioner, argued that the state's decision violated the petitioner's fundamental rights, as she had not previously used maternity benefits under Tamil Nadu's provisions. The Supreme Court sided with the petitioner and expanded the scope of maternity benefits, recognising maternity leave as part of basic reproductive rights. 'We have delved into the concept of reproductive rights and have held that maternity benefits are a part of reproductive rights and maternity leave is integral to maternity benefits. Therefore, the impugned order has been set aside. The division bench order has been set aside," the top court observed. 'Maternity leave is integral to maternity benefits. Reproductive rights are now recognised as part of several intersecting domains of international human rights law viz. the right to health, right to privacy, right to equality and non-discrimination and the right to dignity." Under the maternity leave policy, any woman who was due was able to take up to 12 weeks of paid maternity leave after the baby was delivered. In 2017, significant amendments were made to the Maternity Benefit Act on the Supreme Court's orders, with the maternity leave increased to 26 weeks for all women employees. Additionally, women who have adopted a child are also entitled to 12 weeks of maternity leave. (With agency inputs) First Published: May 23, 2025, 20:35 IST
NDTV
23-05-2025
- Politics
- NDTV
Maternity Leave Integral Part Of Women's Reproductive Rights: Supreme Court
New Delhi: The Supreme Court on Friday ruled that maternity leave is an integral component of maternity benefits and a vital part of women's reproductive rights. A bench of Justice Abhay S Oka and Justice Ujjal Bhuiyan said that no institution could deprive a woman of her right to maternity leave. The top court made the judgment while hearing a petition filed by a Tamil Nadu woman, a government teacher, who was denied maternity leave after the birth of her child from her second marriage. According to the woman, she was denied leave on the grounds that she already had two children from her first marriage. Tamil Nadu has a rule that the maternity benefits will be extended to only the first two children. However, the woman noted that she had not availed of any maternity leave or benefits for her first two children because she was not working at that time. She said that she started working only after her second marriage and now wanted to avail the benefits for her third child. Advocate KV Muthukumar, representing the petitioner, said that the state's decision not to grant her maternity leave violated her fundamental rights as she did not get Tamil Nadu's maternity benefit provisions earlier. The Supreme Court, siding with the petitioner, expanded the scope of maternity benefits, saying maternity leave would now be recognised as part of basic reproductive rights. Under the maternity leave policy, any woman who was due was able to take up to 12 weeks of paid maternity leave after the baby was delivered. In 2017, significant amendments were made to the Maternity Benefit Act on the Supreme Court's orders, with the maternity leave increased to 26 weeks for all women employees. Additionally, women who have adopted a child are also entitled to 12 weeks of maternity leave.
