Approach:

Introduction: Introduce gender justice and notions of equality

Body:

• Give a few brief points on the Maternity Benefit Act.
• Give a few brief points on the challenges.

Conclusion: Give a holistic summary.

Answer:

Article 15(3) of the Indian constitution is an enabling provision for making special provisions for women and therefore class legislation can be brought for the benefit of mothers and for a gender-just society. Maternity Benefit Act 2017 is one such legislation in this direction.

Maternity Benefit Act 2017:

1. The Maternity Benefit Act 2017 amended the Maternity Benefit Act 1961. The amendment increases the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks thereby giving more time cushion in times of motherhood along with financial stability.
2. The Act also introduces provisions for work from home for women improving the work-life balance and ensuring adequate time for parenthood.
3. It requires companies with at least 50 employees to provide crèche facilities within a prescribed distance making workplaces women-friendly and gender-just.
4. The Act applies to all establishments employing 10 or more persons, and to every woman who has worked in that establishment for a minimum of 80 days during the previous 12 months thereby ensuring that such benefits are not denied and preventing any discrimination.

Challenges with the Act:

1. According to Section 5(4) of the amended Act, “A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks ….”.
• A woman adopting a child older than three months gets no benefits. This is challenged as being “discriminatory” and “arbitrary” towards adoptive mothers.
• This section also arbitrarily discriminates against orphaned, abandoned, or surrendered children above the age of three months.
2. Many employers may not fully comply with the law, particularly regarding the provision of mandatory paid maternity leave.
3. There may be instances of discrimination against pregnant women or new mothers in the workplace.
4. Reduced opportunities for career advancement or being passed over for promotions.
5. The gender pay gap can be a problem for new mothers, who may face challenges in returning to work after taking leave or may not be compensated fairly for their work.

Therefore, proactive steps must be taken both by the government and the private sector to ensure the execution of the gender-just law in letter and spirit post the decision in the PIL.