Maternity Benefit In India: A Double-Edged Sword?

Mereshah Merybal, SRM School of Law

For many years, it was believed that only men were fit to go out into the world, a ruthless jungle, fight to make a living and provide for their families, while women were given the duty to procreate and look after their homes. A woman’s life was confined to the four walls of her house. She was expected to cook, clean and take care of her family, practising no other hobby of her own. Any woman who tried to deviate from this norm was chastised and oppressed.

However, through years of struggle, women have successfully claimed their right to work, for the most part. In recent times, women constitute a significant population of the workforce in developed countries, and this population is steadily increasing. Nevertheless, while women have the legal right to work, not all families encourage it. Even the families that do encourage it, expect them to prioritise their supposed duty to their families over their careers. Out of these women, many are mothers with infant children who have difficult decisions to make concerning their careers. So, to help provide for new mothers, the Maternity Benefit Act of 1961 was enacted.