• Dr. Binalben Sanjaykumar Patel I/C Principal Law College, Himatnagar. Gujarat


Maternity, Women Empowerment, Paternity


Through judicial interpretations and analysis of the 2017 updated legislation, this research paper attempts to investigate shifting patterns in women empowerment in the country. Women's participation in the labour force and the obstacles they encounter in the workplace. The primary goal of maternity allowance is to retain the mother's dignity, protect women's health, and assure the entire protection of children. Compulsory paternity leave, which helps guarantee that fathers and mothers share parental obligations and increases men's involvement in the important early stages of baby development, would also be a focus of the study. It will also examine the scope of the legislation, which has been expanded to include adoptive moms, as well as data on the number of women who have left the workforce and whether or not there have been any changes as a result of the amendment.


I. "Nothing in this article shall prevent the State from making any special provision for women and children.”

II. (2000) 3 SCC 224 : AIR 2000 SC 1274

III. (2000) 3 SCC 224. 54 OA No.1761/2015.

IV. “Beneficial construction is an interpretation to secure remedy to the victim who is unjustly denied of relief. The interpretation of a statue should be done in such a way that mischief is suppressed, and remedy is advanced”;

V. 12, Maternity Benefits Act, 1961, Act No. 53 of 1961, Acts of Parliament, 1961 (India).

VI. 1978 A.I.R 12.

VII. 6 (6) Maternity Benefits Act, 1961, Act No. 53 of 1961, Acts of Parliament, 1961 (India)

VIII. Air India v. Nergesh Meerza, (1981) 4 SCC 335 : AIR 1981 SC 1829.

IX. Article 14 of the constitution provides equality before law and equal protection of law.

X. Budhan v. Nabi Bux AIR 1970 S.C. 1980.

XI. GRANVILLE SHARP, MAXWELL ON INTERPRETATION OF STATUTES, 68 (Sweet & Maxwell Limited, London 10th ed. 1953).

XII. Labour Law Offices, Legal Rights of Pregnant Women at Work, LABOUR LAW OFFICES, .

XIII. New Bill Proposes Paternity Leave across All Sectors, NDTV, (Sep. 17th, 2017) available at:

XIV. Paternity leave provided by some firms in India: Private sphere recognizes changing times, MEDIA INDIA (July. 17th, 2017) available at:

XV. Radhakishan Ramnath v. State of Bombay, (1959) IILLJ 177 Bom; LancoAnpara Power Ltd v. State Of Uttar Pradesh And Ors, 2017 (I) I.L.R - CUT- 187 (S.C.)

XVI. Statement of Objects and Reasons, Maternity Benefits Amendment Act, 28th March 2017, Chaitra 7, 1939 (SAKA).


Additional Files



How to Cite

Dr. Binalben Sanjaykumar Patel. (2019). MATERNITY BENEFITS ACT 1961 WITH AMENDMENT OF 2017. International Education and Research Journal (IERJ), 5(10). Retrieved from