MATERNITY BENEFIT ACT 1961 AT A GLANCE

Abstract

India is the world's second largest country in terms of population. But it is still included in the category of underdeveloped countries. Is it because of the growing technology or the growing economy and India's contribution in it? Maybe. But one of the biggest reasons behind this is the disparity in the working condition between men and women. 

Previously, when the labour and trade union was in its infant stage, the working condition of women and children in the establishments was very critical. After the regulations of certain acts, such as Industrial Disputes Act, 1947, things started to get regulated for the greater part. But what about the specific conditions faced by the women such as maternity? What was there to protect their rights and benefits before, during and after the maternity period or in the case of miscarriage? 

Therefore, in 1961, The Maternity Benefit Act was enacted. It was done so as to regulate the employment of women before, during and after the maternity period and to provide various benefits as well. This act covers whole of India. Earlier the words “except the state of Jammu & Kashmir" was also there which was later on omitted.

The basic object of bringing this act into existence is to do social justice to women workers. This act applies to all such establishments coming under the criteria of mines, factories and plantations except those to which Employees' State Insurance Act, 1948 applies. The fundamental purpose is to protect the health of mother and the safety of the child.