The Transformative Vision of Maternity Benefit Laws in India: Analyzing Social Security in the Light of the Constitution

Women in the Indian society have been victims of humiliation, torture and exploitation for quite a considerable amount of time. But with time, the role of women in the society has undergone a massive evolution, as a result of rapid industrialisation. The country has witnessed an enthusiastic participation of women in various workforces. Women have been seen to take various kinds of jobs and perform better than the men. But the problem is that the patriarchal mindset of the conservative society has remained the same. A major part of the society still expects the women to devote her entire life to the household and raise children. These are the things that most of the times curb the inner aspirations and aims of a woman to achieve heights. There are several instances where a woman has been forced to give up her job, after giving birth to child just for the reason of managing household and bringing up child. The society has often been sceptical in the matter of participation of women in various organized sectors. In order to secure the aims and aspiration of women, there has been a worldwide introduction of several rights. Although the institutional design varies, industrialized countries have commonly been implementing laws providing maternity benefits. At present almost all countries have several laws securing maternity rights of women. In the light of various atrocities faced by the women, the post-Independence period has witnessed implementation of several reasons to protect and improve the status of women. One such legislation introduced with the motive of assuring just and humane working conditions and maternity relief is Maternity Benefit Act, 1961. This paper explores how important was the need of implementing such an Act and also aims to introspect how efficient the Act has been in dealing with these problems.