ABSTRACT

In a progressive society, it gradually became clear that women play an important role
together with men in the country's prosperity and also in raising the standard of living.
Nowadays, women are involved in every sector whether it is private or public, but the social
security and protection of women in society is still unsatisfactory. A number of policies have
been made to ensure gender neutral employment such as higher wages, better working
conditions, maternity benefits and social security. Maternity Benefits Act as a facilitator to
create an environment that helps and improves the ability of female workers to balance work
and family relationships. The benefits that women received during her pregnancy in order to
take care of the child and of her health are known as maternity benefits. This paper aims to
provide a general overview of maternity rights in India. It also aims to bring together all
current research relevant on the subject while providing selective comparisons with other
countries. It tries to create a basic awareness among the citizen of the country about the Act.

INTRODUCTION
Nature has created women to give birth and continue the generation. Giving birth, and to take
care of a child, is a social obligation of married women and working married women, an
obligation that cannot be exempted. Women plays a significant in the workforce population
of the country. Historically, there was no concept of maternity leave for women and giving
birth to a child was treated as a disability. Most women therefore, was compelled to take
unpaid leave during this time to continue their work. Many others had to undergo severe
stress to maintain her effectiveness during her pregnancy which was proved to be injurious
for her health as well as for child’s health. To remove this hardship of the women workers,
the concept of maternity benefit came about in order to enable the women workers to balance
both her work and child’s health without undue strain on their health and loss of wages.
Furthermore, after few months of the birth of the child mother plays a crucial role in
childcare and these benefits provide sufficient time to the mother for the proper care and
development of the child and to take care of her health also. Article 42 of the constitution of
India provides for just and humane conditions of work and maternity relief the State shall
make provision for securing just and humane conditions of work and for maternity relief. 1 In
India also Maternity benefits are provided to the women to ensure the proper care of the child
with financial security.

1
https://indiankanoon.org/
BACKGROUND