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In a developed culture, it has progressively become apparent that both men and women contribute significantly to the nation's prosperity and to enhancing the standard of living. With more women participating in the workforce, there has been evidence of a significant change in the status of women, even as attitudes regarding their social security and protection remain unclear and unsatisfactory. The typical occurrence that underlies this social mindset is the belief that women should only be considered as primary caretakers, mothers, and housewives. However, the time has come to alter this ingrained view of society. In order to guarantee gender equality, the Indian government has implemented a variety of laws that offer job perks like pay benefits, better working conditions, maternity benefits, and social security. Maternity benefits serve as a facilitator, which is thought to help and improve a woman worker's ability to maintain balance between work and family commitments.

1. To gain knowledge of Maternity benefit schemes. 2. To know challenges faced while providing the maternity benefits. 3. To gain knowledge about the implementation of maternity benefit scheme in India.

Women have significantly less access to paid job than males do globally. Additionally, working women are more likely to be employed in precarious, dangerous, and low-paying jobs than men. Government of India's National Commission for Women, 2014. In a working paper on labour laws in India, it is shown that employees in the organised sector are entitled to all welfare benefits, including maternity leave. Workers in the unorganised sector, however, must contend with the uncertainty of their employment and benefits. According to the report, the government should seek to gradually improve social security in the unorganised sector. The report recommended that, as a first step, the government should make allowances for working women who must renounce their income while caring for a new-born. (Durgesh K. Rai and Anwarul Hoda (2017). Maternity Benefits should try to control the employment of women employees in specific enterprises during specific times before and after childbirth and should include maternity and other benefits. 2014 (Hariharan). The welfare of unorganised workers requires organised effort, he came to the conclusion. Workers in the unorganised sector need protection, social security, and help because they are more vulnerable and lack social security. G Rajendran (2015), M.D. In India, 95.6% of female workers in the reproductive age are not covered by the Maternity Benefit Act. The Act was originally amended in 1989, and as a result, expecting mothers are now entitled to a total of 12 weeks of paid leave. According to Navin Kumar Angadi (2016), every day approximately 830 women die from preventable conditions associated with pregnancy and childbirth worldwide. Although awareness has improved since prior research, few people are still using such programmes. of India, conditional cash transfers are more common as seen by the rise of institutional distributions. (2016) Ranganath T. S. In the study they undertook to evaluate expectant moms' understanding and use of the maternity benefit programme. According to the majority of the samples, 30% of mothers had adequate awareness of the maternity benefit programme, 17% of mothers had insufficient information, and 30% of mothers had moderately adequate knowledge (G. Bhuvaneshwari, 2016). Nevertheless, there are several issues with the Act. It reinforces narrow-minded beliefs that women should bear the burden of raising the kid (Ragavi Viswanath 2015). The percentage of pregnant women who are aware of the government's maternity assistance programme ranges from 0% (JSSK) to 83.6% (ICDS). There is a lack of knowledge among pregnant women about significant government maternity benefit programmes like JSY and JSSK, which are intended to lower maternal and neonatal mortality. (2015) (A.R. Johnson). The MB Amendment Act has to be clarified in a number of areas, including the length of time that the worried mother can use the childcare facility and the availability, frequency, and size of nursing pauses (Anshul Prakash 2017). Only the President's signature is required for the Bill to become a law. Increased paid maternity leave from 12 to 26 weeks is its major and most discussed provision (Rupa Subramanya 2017). According to the author, the proposed measures in the Bill are a step in the right direction because they would address a problem that hasn't gotten enough attention up to this point (Manishi Pathak 2016). The newly revised government's programme, which has doubled the number of financial benefits, attends to and is successful in resolving the gaps and problems identified by this study (2012) T K Sundari Ravindran. The author claims that while free vaginal delivery received the most attention, free caesarean sections, free drop-off services at homes, and free blood donations received very little. She claims that additional initiatives are required to raise pregnant women's general understanding of their rights under the JSSK in order to boost their use of the program's benefits and so, indirectly, contribute to MMR and IMR reduction 2016 (Sonali Deshpande). According to the author a survey shows that male employees account for the vast majority of jobs in India. Employers are hesitant to hire female employees over male employees because of the imminent and obliging costs of hiring a female employee over a male employee. Despite legislated government laws, some women across the country are unable to take their legally needed maternity leave. The employer is unwilling to cover the entire cost of the female employees out of his or her own pocket. The government should provide provisions to assist employers in covering part-time expenses, allowing employers to hire female staff without hesitation. SME's and start-ups operate on a tight budget and may be hesitant to hire female staff if the government does not share the costs. Pregnancy is a natural occurrence, and the brain or working potential of female employees will not be diminished by it. As a developed country that promotes girl child education, maternity benefits should be taken seriously and implemented in all organisations with full government backing[1] (Maternity Leave in India: The Law and Benefits)

What is Maternity leave?

In India, "maternity leave" refers to a paid leave from work that enables female employees to care for their new-borns while still having access to paid time off. The Maternal Leave programme of the Indian government is a well-intended initiative for Indian pregnant moms. According to the Maternity Leave Act of 2017, pregnant female employees must take a set amount of time off work for the sake of both the mother and the unborn child. As a result, female workers will gain more.

The numerous maternity leave options and perks provided by employers that are available to women in the private and public sectors are also described in this Act. This is a "fully paid leave" that working women who are expecting or nursing can take to take care of themselves and their unborn child. The Maternity Act of 1961 in India has been drastically modified by this 2017 modification, which is applicable to industries and businesses with ten or more employees, whether or not they are organised.

This enables them to continue working for the company while also taking care of the new-born child. Mother is entitled to full payment during this time. Maternity leave is therefore a paid leave arrangement based on a series of requirements that female employees must satisfy in order for their request to be approved.

Maternity Leave Regulations:

Indian Constitution According to the state policy's directive principal, "the State shall make provision for securing just and humane conditions of work and for maternity relief."

Maternity Benefit Act:

Under the Maternity Benefit Act of 1961, hardworking women are permitted to take up to three months of maternity leave. Additionally, thanks to this law, working women are guaranteed paid maternity leave. The amount due to her is equivalent to the average daily wage for the time she was really away from work.

Central Civil Services Rules of 1972[2] and the Employees' State Insurance Act of 1948[3]

The following programme covers all non-seasonal factories that use electricity and have a maximum employee capacity of 10. This code is guaranteed. The act was created to establish a social insurance programme and to safeguard organised sector workers in times of necessity, including maternity leave. If a miscarriage or other unavailability occurs in this situation as a result of pregnancy or prematurity, the owner of such shall provide a shareholder to such a firm.

International convention

Members of the International Labour Organisation endorsed a resolution offering equal opportunity for women in a 2004 international convention on economic and social rights. A resolution to grant women 14 weeks of maternity leave was adopted at this conference. Being an ILO member, India realised that its maternity leave fell short of what was recommended at the conference. As a result, it added an amendment in 2017 that became known as The Maternity Amendment Bill 2017. 

Alternative Laws of Others Similar laws that give workers maternity benefits include

There appear to be more acts that deal with maternity benefits and wellness in addition to the Maternity Benefits Act of 1861. These statutes contain separate sections that give insight into the same in the context of the legislation, despite not being specifically focused on writing prescriptions rights to women both during and after pregnancy.

Employer State Insurance legislation of 1948[4]

The Employer State Insurance legislation of 1948 is frequently referred to as the "correspondence to the maternity benefit act" because it contains measures that the employer might utilise to protect the health of female employees. For an employee's claim to be accepted, certain conditions must be met.

A woman employee who is covered by this Act will receive monthly compensation under Section 46(1)(b) in the case of a miscarriage, illness, surgery, or other event resulting from pregnancy, an untimely birth, or a miscarriage.

A woman who meets the requirements to request maternity benefits from her employer may receive medical benefits under Section 56(3) of this Act.

Mines and Circus Maternity Benefit Rules, 1963[5]

According to this law, employers of such companies must abide by a number of processes and requirements while dealing with the maternity health of their employees.

1972 Central Civil Service Rules[6]

 This law covers employees working for the government and grants female employees a 135-day maternity leave. He will receive a wage during his leave that is equal to the pay for a working day while she was still an employee of the company. In the event of a miscarriage of the foetus, it also provides for a maternity leave of no more than 45 days.

The Mines Act of 1952[7]

Under the Mines Act of 1952, women who participate in the management, control, supervision, or direction of a mine or any portion of a mine are entitled to maternity leave. This act allows the woman in question to take a 12-week maternity leave.

The Factory Act of 1948[8]

This law grants women who work in factories or any aspect of them a twelve-week maternity leave. Additionally, it permits employers to hire more than 30 women in order to provide a comfortable working environment for the women.

2018's Maternity Leave Incentive Programme[9]

It offered firms who hire women employees and give them maternity benefits for 26 weeks of paid leave repayment of seven weeks' salary. To become a fully-fledged strategy to increase the proportion of women workers and employees in India, such initiatives must first pass the draught stage and receive the necessary consultation and approval. 

Working women's situation in India

 Although this is still the case in the vast majority of households, mounting economic pressure is driving more women to join the workforce, allowing households to continue having two incomes. Women have historically been underrepresented in the workforce since its start, but this is beginning to change. Despite having jobs, women are still expected to shoulder the majority of home chores and child care.

When there are children involved or during pregnancy, this situation is made even more challenging. Few workers are sympathetic to this situation and are unwilling to provide paid maternity leave or be flexible with childcare or hours so that they may care for the children.

It is crucial that there be a rule in place to enforce specific principles to help women, as many factories and enterprises are indifferent to the special demands of pregnant women. To guarantee that all workers have access to maternity leave, these numerous legislations have been passed. We'll examine the numerous statutes in this page, along with some of its detractors. 

The 2017 Maternity Benefit Act[10]

The Indian government recently suggested various amendments to the maternity bill of 1961, including extending the vacation time from three months to six months (from 12 weeks to 26 weeks).

However, if a woman has two or more children, she will only be entitled to 12 weeks of paid maternity leave and six weeks of paid paternity leave, for a total of 18 weeks off from work.

An Important Provision of The Bill

The new amendment provides for an adoption leave that may be authorised for up to 12 weeks following the taking of custody of the child. The law also gives moms 12 weeks to express their sorrow. Mothers who fertilise their eggs to produce an embryo and implant it into another woman for incubation are known as commissioning mothers. Essentially, they use a surrogate to conceive.

In the 12 months before to her anticipated due date, the working woman who has taken maternity leave must get at least 80 days of pay. The average daily wage of the workers will be used to determine the amount due. In addition to this 12-week income, she is also eligible for a Rs 3,500 incentive. She is entitled to a 1000 RS incentive if the employer has not assigned medical care.

For their first two children, female civil servants are granted 180 days of maternity leave. It permits nursing moms to remain at home for 26 weeks in the event of miscarriage.

On August 9, 2005, a landmark decision was made in Mrs. Bharti Gupta v. Rail India Technical[11]- The Hon'ble Court ruled in this instance that the Act had already established the nature and provisions of benefits for women during and after childbirth. The establishments of RITES were to be included as falling within its jurisdiction because the Act is a social and charitable statute and because of its goal.

According to Article 12 of the Indian Constitution, RITES is a state instrument and as such falls under the purview of Part 3 of the Constitution. As a result, RITES was bound by the Act's rules and had no power to get a waiver from them.

Challenges for the Employer

 India is viewed as unfriendly in terms of employer commitments. This is due to the fact that the Maternity Benefit Act of 1961, the current pregnancy discrimination law, lays the full burden of providing wages to women claiming maternity benefits on the employers. Such financial obligations are typically shared by the employer and the government.

However, India didn't go with this strategy. In many businesses, this indirectly results in a decline in the employment of women. The Maternity Leave Incentive Scheme, 2018, was created by the Indian government to help firms provide maternity benefits to female employees in an effort to enhance these conditions.

As this would have a negative effect on the company's growth and hiring inexpensive temporary workers to fill the vacancy caused by accessing maternity benefits becomes somewhat unaffordable, many SMEs (small and medium enterprises) could indeed accommodate the six to nine-week time off work that they are required to provide to their own employees.

Employers may also have to deal with the problem of women who take advantage of the Act's provisions for their own gain by claiming maternity benefits and then quitting their jobs right away after the benefit period has passed, eating up a lot of the contractor's resources in the process.

Maternity benefits are an important component of legislation or policy that offers a pregnant worker employment, health care, and financial stability. The government should create a blueprint to provide an effective framework that strives to ensure upon the benefits of employers so that the competitiveness of the private sector is not impacted by burdening the entrepreneur. While increasing maternity benefits is a positive step, it should not be the only one. The government of India recently proposed funding half of the paid leave amount that companies provide in the extended maternity leave benefit scheme in order to lessen the load placed solely on the employers. The plan is awaiting approval. According to the idea, the government is prepared to cover the wage for seven weeks of additional leave under the provisions for new mothers. The disadvantages of various maternity benefit laws and programmes outweigh their benefits, and they are as follows: 1. Only the majority of women employed in the organised sector were eligible to receive benefits under the Maternity Benefit Act of 1961. Of the total number of women working in India, only 4% are employed in the formal sector. When a woman gets pregnant, she is immediately viewed as a burden. The Act has a bias in favour of those who work in the formal labour sector. 2. The Act does not include a provision for paternity leave and places the burden of raising the child solely on the mother. The addition of paternity leave is seen crucial in order to develop a system that allows for a balance to be struck between the obligations. 3. The paid maternity leave term is unfair because it is only 12 weeks for mothers who adopt or commission children while it is 26 weeks for biological mothers. It is significant to notice that the amount of time and focus needed to get up and take care of the child is comparable in both scenarios. 4. In the event of a third birth, the number of paid weeks is reduced to twelve; this has an effect on the child's upbringing. 5. Extended maternity leave puts a financial strain on companies. 6. The amount paid under different programmes is insufficient to cover all of a pregnant woman's needs. 7. A separate group should be established to examine how the Act is being used and how it is developing. 8. The Act/schemes should be made known to the public through a variety of channels at the local level.

1. Dr. J.N. Pandey, Constitutional Law of India, Central Law Agency, Allahabad, 44th ed. 2007. 2. Dr. Jeet Singh Mann, Comprehensive Social Security Scheme for Workers, Deep and Deep Publication, New Delhi, 1st ed. 2010. 3. Dr. Ravi Prakash Yadav, Social Security in India, Aavishkar Publication, Jaipur, 1st ed. 2015. 4. Dr. S.C. Srivastava, Legal Protection and Social Security in Unorganized Sector, The Book Line Publication New Delhi, 2017. 5. Draft Report, STUDY ON WORKING CONDITION & PRIVILGESES OF WOMEN IN THE UNORGANIZED SECTOR IN INDIA, WCD-GOI 2016. 6. Manju, Women in Unorganized Sector-Problems & Issues in India, IJAR 2017, 3(4). 7. Social Protection, Our Framework Policies and Strategies, Asian Development Bank, July 2003. 8. Srivastava P.C., Social Security in India, Lokbharti Publication, 1st ed. 1964.

1. Maternity Leave in India 2023: Laws, Eligibility and Benefits (startuphrtoolkit.com)
2. CCS (Leave) Rules 1972 Updated as on 19.09.2022 | CCS (Leave) Rules 1972 PDF Download – CENTRAL GOVT EMPLOYEES NEWS (cgstaffportal.in)
3. India Code: Employees State Insurance Act, 1948
4. India Code: Employees State Insurance Act, 1948
5. MATERNITY_BENEFIT_RULES.doc (live.com)
6. CCS (Leave) Rules 1972 Updated as on 19.09.2022 | CCS (Leave) Rules 1972 PDF Download – CENTRAL GOVT EMPLOYEES NEWS (cgstaffportal.in)
7. The Mines Act 1952 (dgms.gov.in)
8.https://www.indiacode.nic.in/handle/123456789/1530?sam_handle=123456789/1362
9.https://www.mondaq.com/india/employee-benefits--compensation/766150/maternity-leave-incentive-scheme-2018#:~:text=On%20November%2016%2C%202018%2C%20the,USD%20209%20approximately)%20and%20provide
10.https://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendment%20Act%2C2017%20.pdf
11. https://indiankanoon.org/doc/1796719/