Maternity Benefits under the Code on Social Security, 2020 Legal Framework and Challenges

Manju Naik BT

doi:10.36948/ijfmr.2026.v08i05.88483

Maternity Benefits under the Code on Social Security, 2020 Legal Framework and Challenges

Author(s)	Manju Naik BT
Country	India
Abstract	As a matter of fact, maternity benefit is a legal right of a woman worker. Provisions such as maternity leave with wages, medical bonus, nursing breaks and crèches are essential to protect the health and well-being of both the woman worker and her child. Financial support during the crucial period of pregnancy and childbirth, along with access to proper medical care and nutrition, is indispensable. Maternity benefits promote gender equality by recognizing the unique challenges faced by women in the workforce and enabling them to balance work and family responsibilities. Although the Apex Court in 1981 held that termination of a woman employee merely on the ground of pregnancy violates the right to equality and womanhood, and despite several decades having passed since the judgment, women workers are still struggling to secure their full-fledged right to maternity benefits. While the Maternity Benefit Act, 1961 provided for various benefits, employers have withheld them for years. As part of labour reforms, the Code on Social Security, 2020 sought to address the lacunae under the Maternity Benefit Act, 1961 and judicial pronouncements since 1961 have also been incorporated to a considerable extent in the new Code. In this article, the author critically examines the legal framework, judicial pronouncements, and the analysis of the Code on Social Security, 2020 concerning maternity benefits. The paper also addresses the challenges in extending these benefits to women workers and suggests possible reforms.
Keywords	Maternity Benefit, Gender Equality, women worker, Labour Code, Legal Right
Published In	Volume 8, Issue 5, September-October 2026
Published On	2026-09-26
DOI	https://doi.org/10.36948/ijfmr.2026.v08i05.88483

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Maternity Benefits under the Code on Social Security, 2020 Legal Framework and Challenges

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