Maternity Benefit Provisions And Gender Equality: A Socio-Legal Study Of The Code On Social Security, 2020

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Dr Preeti Rawat, Assistant Professor, Department of Law, M.M.H College, Ghaziabad (CCS University, Meerut)

“I measure the progress of a community by the degree of progress which women have achieved.”

- Dr B. R. Ambedkar

ABSTRACT

The Maternity Benefit Act of 1961 enacted under Article 42 of Constitution, provides for maternity benefits, providing protection, leave, and financial benefits to pregnant and childbearing women workers during maternity at their workplace. With changing times, statutory leave periods, workplaces infrastructure and crèche facilities have also become inadequate. Therefore, in 2017, an attempt was made to align it with the realities of the contemporary workplace and international standards through amendments. The duration of maternity leave was increased, and further advantages were provided for adoptive mothers and commissioning mothers. In 2020, this Act was repealed and replaced by the Code on Social Security,2020, under which women working in the unorganized sector and gig workers were also included. Although the Sanhita, 2020 took a necessary step towards inclusive labour reform, the Act still fails to fully address the persistent gender-based inequalities in employment due to socio-legal barriers to gender equality (such as financial burden on employers, lack of awareness, lack of crèches and infrastructure, lack of coverage in the unorganised sector, and lack of paternity leave). This research paper contributes to increasing women's labour force participation in India at the national level, providing access to quality employment, fair wages, and equal opportunities, and to achieving SDG 5: Gender Equality at the international level. It also provides guidance for legal scholars, economists, policymakers, and legislators in advancing more balanced and equitable employment frameworks.

Keywords: Article 42, gender equality, The Code on Social Security, 2020, Maternity Protection Convention, major barriers.

580. MATERNITY BENEFIT PROVISIONS AND GENDER EQUALITY- A SOCIO-LEGAL STUDY OF THE CODE ON

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