IJSSER

Title: MATERNITY RIGHTS FOR WORKING WOMEN AND LAW IN INDIA: A CRITICAL ANALYSIS
Authors: Dr. Lalit Dadwal, Dr. Kusum Chauhan
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1Dr. Lalit Dadwal, 2Dr. Kusum Chauhan 1. Associate Professor, Department of Laws, H. P. University, Shimla (H.P.) 2. Assistant Professor, University Institute of Legal Studies, Ava-Lodge, Shimla (H.P.)
MLA 8 Dadwal, Dr. Lalit, and Dr. Kusum Chauhan. "MATERNITY RIGHTS FOR WORKING WOMEN AND LAW IN INDIA: A CRITICAL ANALYSIS." Int. j. of Social Science and Economic Research, vol. 3, no. 12, Dec. 2018, pp. 6883-6907, ijsser.org/more2018.php?id=484. Accessed Dec. 2018. APA Dadwal, D., & Chauhan, D. (2018, December). MATERNITY RIGHTS FOR WORKING WOMEN AND LAW IN INDIA: A CRITICAL ANALYSIS. Int. j. of Social Science and Economic Research, 3(12), 6883-6907. Retrieved from ijsser.org/more2018.php?id=484 Chicago Dadwal, Dr. Lalit, and Dr. Kusum Chauhan. "MATERNITY RIGHTS FOR WORKING WOMEN AND LAW IN INDIA: A CRITICAL ANALYSIS." Int. j. of Social Science and Economic Research 3, no. 12 (December 2018), 6883-6907. Accessed December, 2018. ijsser.org/more2018.php?id=484.
References [1]. Varsha Kumari, Problems and Challenges faced by Urban Working Women in India, 2014 ethesis.nitrkl.ac.in/6094/1/E-208.pdf (accessed on 4-12-2018) [2]. Shashi Bala, "Implemantation of Maternity Benefit Act", NLI Research Studies Series 099/2012 , Published by V. V. Giri National Labour Institute,2012. [3]. Maternity and Paternity at work :Law and Practice across the world, http://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/documents/publication/wcms_242617.pdf (accessed on 5-12-2018) https://www.lawctopus.com/academike/the-need-for-maternity-benefits-for-women-employee/ (accessed on 1.12.2018) [4]. Women and Industrial Law: Maternity Benefit Act 1961, http://www.lawyersclubindia.com/articles/print_this_page.asp?article_id=580, 09/08/201 [5]. Maternity Benefits: What are your Legal Rights? http://www.lawisgreek.com/maternity-benefits-what-are-your-legal-rights, 09/08/2014. [6]. Vandana Kandari v. University of Delhi, (2010) 170 DLT 755 [7]. Shashi Bala, Implementation of Maternity Benefit Act, http://www.vvgnli.org/sites/default/files/publication_files/099-2012_Shashi_Bala.pdf, 09/08/2014. [8]. Stockard, Jean and Miriam M. Johnson, Sex and Gender in Society, New Jersey: Englewood Cliffs (1992). [9]. Rudman, Lauria A., The Social Psychology of Gender, New York: The Guilford Press (2008). [10]. Shashi Bala "Implementation of Maternity Benefit Act" P.2. NLIR Studies Series No. 099/2012. [11]. Article 42 of Constitution, direct the State to make provision for securing just human condition of work and for maternity relief. [12]. International Covenant on Economic, Social and Cultural Rights, U.N. Doc. A/6316 (1966). [13]. The Committee on Economic, Social and Cultural Rights adopted General Comment No. 19, The Right to Social Security, UN Doc E/C.12/GC/19, art. 9 (2008). [14]. Article 14 of the Constitution of India [15]. Id., Article 15 [16]. Id.,Article 16 [17]. Id., Article 39-a [18]. Id.,Article 39-d [19]. Id., Article 39-e [20]. Id., Article 42 [21]. Id., Article 46 [22]. Muller v. Oregon, 52 L.Ed. 551. [23]. Alok Chantia, Gender Justice: The Constitutional Perspectives And The Judicial Approach, https://www.academia.edu/4362417/Gender_Justice_The_Constitutional_Perspectives_And_The_Judicial_Approah, 09/08/2014. [24]. Judicial View on Shortage of Attendance, http://legalperspectives.blogspot.in/2010/09/judicial-view-on-shortage-of-attendence.html, 09/08/2014. [25]. Regulation 87, Employees' State Insurance (General) Regulations, 1950 [26]. Id., Regulation 88 [27]. Id., Regulation 89 [28]. Id., Regulation 89-A [29]. Id., Regulation 89-B [30]. Id., Regulation 90 [31]. Id., Regulation 91 [32]. Id., Regulation 92 [33]. Id., Regulation 93 [34]. Id., Regulation 94 [35]. Section 2(2), The Maternity Benefit Act, 1961 [36]. Id., Section 5 [37]. Id., Section 9 [38]. Id., Section10 [39]. Id., Section5 (3)(4)(5),Section 11-A(1) and (2) [40]. Section 4 of The Maternity Benefit Act, prohibit employment or work by the women under certain circumstances. [41]. Section 8; of the Maternity Benefit Act, 1961 every woman entitled to maternity benefit or other amount under this Act, shall also be entitled to receive from her employer a medical bonus of two hundred and fifty rupees, if no pre- natal confinement and postnatal care is provided for by the employer free of charge [42]. Section 9; subs by the Maternity Benefit(Amendment) Act, 1995 (w.e.f.1.2.1996).as per section 9 of this Act in case of miscarriage or medical termination of pregnancy, a woman shall, on the production of such proof as may be prescribed , be entitled to leave with wages at the rate of six weeks immediately following the day of her miscarriage or, as the case may be her medical termination of pregnancy. [43]. Section 9 (A); also laid the same benefit should be given to the women worker for tubectomy operation [44]. Section 13 Maternity Benefit Act, 1961 [45]. Section 27, the Maternity Benefit Act, 1961. [46]. Section 14 of the Maternity Benefit Act, 1961. [47]. Section 15(a); Maternity Benefit Act, 1961 [48]. Section 17 (1) (2) of Maternity Benefit Act, 1961, subs by the Act 61 of 1988 [49]. Ranjana Kumari, Analysis on Effectiveness of the Implementation of the Maternity Benefit Act,1961, Centre for Social Research, New Delhi,2014,p.8 [50]. In low performing States the total amount of benefit for institutional delivery is 1400 in rural areas and 1000 rupees in urban areas. [51]. 5In low performing states a woman who gives birth after the second time is eligible if she agrees to undergo sterilization immediately after delivery. [52]. Ibid. [53]. (1981) 4 SCC 335. 2000) SCC 224 [54]. (1977) 4 SCC 384 [55]. Civil Writ Petition No.4229 of 2011 [56]. CWP No.22166 of 2014 [57]. W.P. No-1178 of 2015 , Decided on 30-7-2018 [58]. https://www.livelaw.in/maternity-leave-part-service-period-must-woman-real-mother-madras-hc/ ( accessed on 5-12-2018) [59]. WP(c) No.22007 of 2012(A) , Decided on 21-12-2017
Abstract: Over the last few decades, the role and the image of women in society have undergone profound changes. There has been a steady increase in the participation of women in the workforce, as well as a significant change in women's attitudes toward work itself. These changes have made equality of men and women in the workforce and in society at large an attainable goal. The traditional pattern of segregated roles of men and women in work and family life has been challenged. But women workers across the world are at a disadvantage because of certain biological reasons. They have to put up with pregnancy, child birth, lactation , child rearing and various complications arising out of these problems. Suitable measures for protection of health and wages of women workers during maternity period are of significance not only for women workers but also to the society. The primary reason for providing maternity benefits is to preserve and protect the self-respect of motherhood and to ensure the health and safety of the mother as well as the child. Maternity benefits are also necessary to ensure the continued financial independence and self-reliance of women. Legislating maternity rights is important because it transposes universally accepted principles into national laws and sets minimum national and sub national standards. In India majority of laws in relation to the special provisions for working women have been modeled. Though the country is progressively moving towards more flexible environments and more generous policies, there are still concerns over many aspects. This paper discusses the national and international concern for maternity rights of women with special reference to Maternity Benefit (Amendment)Act 2017. It also delves into certain case laws dealing with the subject. This paper also throws light on the loopholes, ambiguities and reasons for the lack of motivation to give effect to a sturdy system of maternity protection.

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