COMPLIANCE OF MATERNITY BENEFIT ACT IN PRIVATE SECTOR: ARE PROMISES DELIVERED?

AUTHOR – MR. TAMEEM AFRID M* & DR. MARUTHAVIJAYAN S**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – MR. TAMEEM AFRID M* & DR. MARUTHAVIJAYAN S, COMPLIANCE OF MATERNITY BENEFIT ACT IN PRIVATE SECTOR: ARE PROMISES DELIVERED?, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 472-487, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT

The Maternity Benefit Act, 1961, stands as a cornerstone of women’s welfare legislation in India, designed to protect the employment and financial security of women during maternity. The Act guarantees paid maternity leave, health benefits, job protection, and other welfare measures to ensure that women do not suffer discrimination or hardship due to pregnancy and childbirth. However, the real challenge lies in the implementation and compliance of this Act—particularly within the private sector, which employs a large proportion of women in both formal and informal roles.

This study critically examines whether women in the private sector are actually receiving the rights and benefits promised under the Maternity Benefit Act. Despite several progressive amendments, including the 2017 extension of paid leave from 12 to 26 weeks and the introduction of crèche facilities, compliance remains inconsistent. Many companies discourage maternity leave through subtle discrimination in hiring and promotion. Lack of awareness among women employees about their rights, insufficient monitoring by labour authorities and the absence of stringent penalties for non-compliance also exist. The study also highlights the socio-economic dimensions of the issue. Women often fear job loss or career stagnation if they choose to avail maternity leave and contractual or gig-economy workers are frequently excluded from coverage altogether. This gap between legislative intent and ground reality underscores the need for stronger enforcement mechanisms, better corporate accountability, and awareness programs to empower women workers. In conclusion, while the Act promises equality, dignity, and security to working women, the practical scenario in the private sector indicates partial fulfillment at best. True compliance requires not only adherence to legal provisions but also a cultural shift in workplace attitudes toward maternity and women’s rights. Ensuring that women genuinely receive what the law promises is essential for achieving gender justice and inclusive growth in India’s workforce.

Keywords Private sector; Women employees; Workplace rights; Gender equality; Paid maternity leave; Employment protection; Workplace discrimination; Labour law; Corporate responsibility; Implementation gap; Crèche facility; Work-life balance; Women empowerment; Gender justice; Social welfare; Legal awareness; Policy enforcement; Labour welfare.