Examine the adequacy of statutory maternity protections in India in ensuring both employment continuity and career progression for women.
New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →In this answer
Article 42 directs the State to secure just and humane conditions of work and maternity relief. India's statutory framework has largely delivered on protecting a woman's job; whether it protects her career remains contested, as the Delhi High Court's August 2026 ruling shows.
Adequacy on employment continuity
- Section 12, Maternity Benefit Act, 1961 makes it unlawful to discharge or dismiss a woman during, or on account of, pregnancy-related absence, with penal backing under Section 21 [1].
- The Maternity Benefit (Amendment) Act, 2017 raised paid leave from 12 to 26 weeks for the first two children, mandated crèches in establishments with 50+ employees, and permitted work-from-home [2].
- Continuity is carried forward into Section 68, Code on Social Security, 2020 ("dismissal for absence during pregnancy"), preserving the guarantee through labour codification [3].
Inadequacy on career progression
- The statute speaks of dismissal and wages, not of designation, responsibilities or promotion prospects — leaving room for the "maternity penalty" of quiet sidelining.
- The Delhi High Court (Justice Sachin Datta, 31 August 2026) read Section 12 purposively: a returning woman may resume her previous position, protected in role, managerial authority and advancement, and directed the Centre to frame safeguards [4] — an admission of policy vacuum, since relief came through litigation, not statutory design.
Structural limitations
- Coverage is confined to notified establishments; the informal sector, where most women work, stays outside enforcement.
- The employer-borne cost of 26 weeks creates a hiring disincentive against women.
- Absence of statutory paternity/parental leave in the private sector keeps care burdens gendered; FLFPR, though risen from 23.3% (2017-18) to 41.7% (2023-24), reflects weak retention in formal jobs [5].
Statutory maternity protection is thus adequate in shielding employment but inadequate in shielding careers. Codifying an "equivalent position" standard, shared or insurance-based funding, and gender-neutral parental leave under the Social Security Code would convert a right to return into a right to progress — realising Article 42 and SDG 5's promise of substantive workplace equality.
Sources
- 1The Maternity Benefit Act, 1961 (Act No. 53 of 1961), India CodeSection 12 bar on dismissal during pregnancy-related absence; Section 21 penalty
- 2PIB, Ministry of Labour & Employment — Maternity Benefit (Amendment) Act, 2017 implementation12 to 26 weeks paid leave, crèche and work-from-home provisions
- 3The Code on Social Security, 2020 (Act No. 36 of 2020), India CodeSection 68, successor provision on dismissal for absence during pregnancy
- 4High Court of Delhi — judgment dated 31 August 2026 (Justice Sachin Datta), petition of Rakhi Bishtright to resume previous position; direction to the Centre to frame safeguards
- 5PIB, Ministry of Statistics & Programme Implementation — Female Labour Force Participation RateFLFPR rise from 23.3% (2017-18) to 41.7% (2023-24)