A Glimpse of Motherhood: Maternity Benefits and Regulations

The article 'A Glimpse of Motherhood: Maternity Benefits and Regulations' accentuates the importance of maternity benefits and regulations in promoting gender equality, supporting working mothers, and creating a conducive work environment. It advocates for continuous improvement and expansion of such policies to ensure that every woman has the opportunity to embrace motherhood without compromising her professional growth and well-being.

Introduction

The world has become a small hub connected by various linkages. Indian joint family culture still plays a predominant role in society. Due to the advancement in the developments with the nation's progress, more corporate jobs have been turning the system into nuclear families. More of the females have been committed to the professional growth of the country, giving economic endorsement to the country's progress. When it comes to perpetuating personal lives and the family, maternity leave is something that becomes even more substantial.

It becomes necessary for them to cherish and embark on the new moments to be mentally and physically fit for the upcoming complications. From the times when they were confined within the boundaries and limited arena was available for them to excel times have changed how when laws like these ignite and give rise to a new mindset among the people. The law which keeps in consideration the aspirations of the society is something that helps in the modernization of the society. Hence the article analyses the boons and the challenges of the law and the interplay of the law and the various regulations.

Justification

The status and the mindset of the people regarding females have been something that has varied throughout the past. From being subjected to various kinds of restrictions and confinements at the home and the workplace females have gone through a lot down the line. It has been something that has been an evolution. Pregnancy is the period when a female undergoes several changes through that specialized period. The bond and the journey from being pregnant to motherhood are varied. Hence Maternity Leave acts as an alleviation for soon-to-be mothers and helps them to completely focus on their family and their health rather than the workload.

Females have got to manage both their home as well as professional affairs. So, when regulations and laws like these act as a boon and make females more engaged and motivate them to choose their professional background. Many women leave their jobs just because of the conception that they have to start their family and due to this their educational qualifications and their degrees add no value to the advancement of the nation. If laws like these are passed it will help to inculcate a strong sense of equality and strong economic background. The nation will progress more on the path of success when it will get assistance from the whole background the society. Hence the implementation of such laws becomes a must in modern-day society.

Significance

This law holds great significance as it overcomes the varied type of shortcomings that females undergo during a period. It even signifies the guidelines which have been brought up by the World Health Organization and upholds the necessity of the care and the mother-child significance. It even mandates that how breastfeeding by the mother in the first twenty-four weeks is fundamental and a necessity for the healthy development of the child. It even lays down its prominent attribute to gender equality and one of the main agenda of women’s empowerment.

It highlights the very embedded essence that encourages women to strike a balance between family and career and prevents situations in which women have to choose one between the two of them. Promotes overall development and assistance and provides financial aid to women. It not only focuses on the maternity benefits of the child and the mother but the overall and integral development of the mother and the child. Hence this legislation provides females dignity and quality time which they can give to the overall development of the child.

Legal Provisions and Developments-

Universal Declaration of Human Rights,1948 - Article 25(2) which upholds that both care and assistance are to be provided in both motherhood and childhood. It even entitles all children to social protection.

Maternity Benefit Act (1961) - It is progressive legislation for the development of the country. It aims to provide benefits to all females so that they can give quality time to their families along with their professional lives. It aims to provide maternity benefits to all female workers in establishments. It provides an autonomous and self-supporting base of the society. In 1961 this uniform and consistent maternity act was passed by the Indian government at factories, shops, and commercial establishments where ten or more ten females are engaged.

Section 2 of the Maternity Benefit Act, of 1961 includes the employment of women in establishment units like factories, mines, shops, and commercial establishments.

Section 12 of the Maternity Benefit Act, of 1961 makes a clear distinction that any kind of redundancy and discharge of a pregnant woman can term the act to be punishable under law and is unlawful.

Maternity (Amendment) Bill 2017 was passed on 9 March 2017 in the Rajya Sabha and on 9 March 2017 in the Lok Sabha. This bill acquired the President’s assent on 27 March 2017. The bill was made effective on 1 April 2017. The duration to avail of the benefits was incremented and increased to twenty-six weeks from the present twelve weeks. There is even a regulation which has been specifically made for the adopted mothers who can now avail the benefit of twelve weeks of maternity leave and women can also avail the facility of work from home during these periods. Creche facility is also made available under this provision which is available at those establishments where fifty or more than fifty workers are employed and the females can visit and avail this benefit four times a day. This kind of information about the maternity benefit can be made in writing as well as electronically.

Challenges

• Since the overall development and care and compassion for the child is a mutual responsibility hence the workload is bound to be shared by both partners together There should even be provisions for paternity leave which will inculcate a sense of equality among the partners and hence possess a feeling of mutual togetherness.
• There can be cases when private companies may not provide maternity benefits as it increases the cost of the employers if they are female and might give preference to choose male employees as it would reduce their overall cost.
• There are certain loopholes and, in some instances, the legislation lacks to sustain clarity as to the times and the extent of the nursing breaks. This at times provides only economic assistance and lacks other institutional benefits.
• The provision also not makes a clear note about the maternity benefits which the women working in the unorganized sector can avail. To bring out the efficacy of the regulation it has to be kept in mind that all the females are benefitted out of it but then it fails to reach to the majority lot of society who also require to take care of their children and spend quality time with them.
• The provision can be much more regularized if the increase in the cost of employers is shared by the government and the agencies working for the development.

Conclusion

In today’s time, gender inequality has been something which has been a major issue. Taking into consideration which at times society believes that raising a child is the responsibility of the females. From education to motherhood care and compassion it is the females who drive through it. The advent of such laws reflects and creates an example that how females are now focusing on their career as well as their family development. These prove to be revolutionary steps in uplifting the status of females.

The regulation passed by the government is a good move and is evolutionary in nature. The changes are a need of the hour and a must for a progressing society. This step by the government will give women the opportunity to focus on their careers and accomplish their goals in life so that they are financially independent. People can speculate it differently but the move will enable active participation from women in all sectors. This regulation will again motivate the females to work for their job instead of worrying about the fact that they might have to leave their jobs when they think of starting their families. Changes are the need of the hour hence proper changes should be made and laws can bring fruitful results to society.

References

[1] The Maternity Benefit Act,1961

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