The Maternity Benefit Act, 1961, was passed to provide maternity benefits and other benefits to women before and after childbirth. It applied to establishments such as factories, mines, and plantations. Later, it was extended to establishments belonging to the government and those where persons are employed for performances. The Act also provided for paid maternity leave for a period not exceeding twelve weeks.
The 2017 amendment to the Act extended the paid maternity leave period to 26 weeks but only for biological mothers. Additionally, Section 5(4) was inserted to provide maternity benefits to adoptive or surrogate mothers who legally adopt a child below three months. However, there is no provision for maternity leave for mothers adopting orphaned, abandoned, or surrendered children above three months old.
Challenging the Constitutional Validity
A Public Interest Litigation (PIL) has been filed challenging the constitutional validity of Section 5(4) of the Maternity Benefit Act, 1961, which provides maternity benefits only to adoptive mothers of children below three months. The PIL contends that the provision is discriminatory and arbitrary towards adoptive mothers. The absence of any provision for maternity leave for a mother adopting a child above three months old prevents them from utilizing the statutory maternity benefits for adopted mothers.
Impact on Adoptive Mothers
The current provision puts adoptive mothers who adopt children above three months old at a disadvantage as they do not receive any maternity benefits. This provision does not consider the fact that adoptive mothers also need time off to bond with their newly adopted child and ensure that their child’s basic needs are met. The lack of maternity leave for adoptive mothers could result in them being forced to return to work too soon, impacting their physical and mental health, and the well-being of their child.
Why In News
The Supreme Court has agreed to hear a petition challenging the constitutionality of Section 5(4) of the Maternity Benefit Act, 1961. The section in question provides maternity benefits for adoptive mothers only if they legally adopt a child below three months old, and has been challenged on the grounds of being discriminatory towards adoptive mothers.
MCQs about Maternity Benefit Act, 1961 and its 2017 Amendment
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What is the Maternity Benefit Act, 1961?
A. An act passed to regulate the employment of women before and after childbirth
B. An act passed to regulate the employment of men before and after childbirth
C. An act passed to regulate the employment of women during pregnancy
D. An act passed to regulate the employment of women with children
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What is the provision of the 2017 amendment to the Maternity Benefit Act?
A. It allows 26 weeks of paid leave after childbirth to all mothers
B. It allows 12 weeks of paid leave after childbirth to adoptive or surrogate mothers legally adopting a child below three months
C. It allows 12 weeks of paid leave after childbirth to biological mothers only
D. It does not provide for any maternity leave after childbirth
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What is the PIL challenging?
A. The provision in the Maternity Benefit Act, 1961 that only allows biological mothers to avail of maternity leave after childbirth
B. The provision in the Maternity Benefit Act, 1961 that only allows adoptive mothers to avail of maternity leave after childbirth for children below three months
C. The provision in the Maternity Benefit Act, 1961 that only allows adoptive mothers to avail of maternity leave after childbirth for children above three months
D. The provision in the Maternity Benefit Act, 1961 that does not provide for any maternity leave for adoptive mothers
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