Analysis of the Maternity Benefits Amendment Act, 2017 and its Implications on the Modern Industrial Discourse

Abstract

As a recognition of the crucial role played by women, it is vital that governments move away from and rocentric laws and work towards achieving social justice, both in the organized and unorganized sectors. The concept of social justice has manifested itself in the Maternity Benefits Act, 1961 and its subsequent amendments. Complementary to this law, the judiciary has played a vital role in rendering judgments that involve liberal interpretations of the provisions of the law so as to be beneficial to the labor community. This is evidenced in the case of B. Shah v. Labor Court, Coimbatore. However, lacunas and complications continue to exist. The Legislature and the Judiciary must identify the factors that are obstructing the achievement of social and economic equality of women. This paper seeks to analyze judicial interpretations and the legislative intent of the 2017 amendment to the Maternity Benefits Act, 1961.