ANALYTICAL STUDY OF THE MATERNITY BENEFIT ACT, 1961
Author – CHARMI TEJAS SHAH & VAIBHAVI DATTATRAY SAWANT, Students at KES’ Shri Jayantilal H. Patel Law College
Best Citation – CHARMI TEJAS SHAH & VAIBHAVI DATTATRAY SAWANT, ANALYTICAL STUDY OF THE MATERNITY BENEFIT ACT, 1961, Voice of Freedom and Rights, 1 (1) of 2023, Pg. 62-66, ISBN – 978-81-961120-1-1.
Social legislations proliferate the process of elevating the status of individuals in a society. India being a developing country needs to assess its growth by securing the rights of its citizens, especially the ones who are susceptible to vulnerability. The Maternity Benefit Act, 1961 is one such beneficial piece of legislation that gives cognizance to the role of women in both social and familial institutions. The Act intends that by giving birth to a child, a woman need not compromise on her financial independence. A protection by way of providing for fully paid leaves for a substantial period in different cases of maternity, adoption, and surrogacy is given under this Act. Although the structure of the Act is out-and-out consisting of various provisions of penalties, appointment of inspectors and their powers, powers of Central Government, along with provisions for Maternity Benefit, the Act is not free from deficiencies. This paper interprets, analyzes, and compares the Act in India as well as provide for suggestions for its upward mobility.
Keywords: maternity benefit, pregnancy, employment, establishment, child.