Source: Delhi High Court

Why in News?

In the matter of Annwesha Deb v. Delhi State Legal Services Authority, the Delhi High Court held that pregnant working women are entitled to maternity benefits and cannot be denied relief under the Maternity Benefit (Amendment) Act, 2017.

Background

• The petitioner was working in the Juvenile Justice Board, New Delhi as a legal aid counsel on a daily fee basis.
• During her contractual employment, the petitioner conceived a child in April 2017 and applied for maternity leave of seven months on 6th October 2017.
• A letter was served upon the Member Secretary by the petitioner regarding the application requesting the grant of maternity benefits to her, an email was also sent to the Delhi State Legal Services Authority (DSLSA) on 21^st October 2017.
• The petitioner received a reply dated 31st October 2017 to her email from DSLSA, stating therein that her request for maternity benefit had been declined on the basis that no provision for grant of maternity benefits is provided under DSLSA.
• The petitioner, being aggrieved by the decision of the concerned authorities (respondent) has approached this, Court.
• The petitioners placed reliance on Municipal Corporation of Delhi v. Female Workers (Muster Roll), (2000) in which it was observed that a woman cannot be compelled to undertake hard labour at the time of advanced stage of her pregnancy and that she would be entitled to maternity leave for certain period prior to and after her delivery.

Court’s Observations

• The Court while granting relief to the pregnant woman said that “Since, no extreme medical or other exigencies have been presented by the petitioner, ante-natal or post-natal, she shall be entitled to the benefits for the time period as provided under the Maternity Benefit Act, 2017 of 26 weeks. The needful shall be done by the respondent within a period of three months from the date of receipt of this order.”

Legal Provisions

Maternity Benefit Act, 2017

• The Maternity Benefit Act, 1961 - A legislation that protects the employment of women at the time of her maternity.
  • The Act is applicable to establishments employing 10 or more employees.
• The 1961 Act was amended in 2017 and the Maternity Benefit (Amendment) Act, 2017 came into effect on April 1, 2017.
• Major changes incorporated in the amended Act:
  • Duration of Maternity Leave: Duration of Maternity Leave was raised from 12 weeks to 26 weeks.
    • Earlier this benefit could not be availed before six weeks from the date of expected delivery, which has been increased to eight weeks.
    • Where the woman who has two or more children, the maternity benefit will continue to be 12 weeks, which cannot be availed before six weeks from the date of the expected delivery.
  • Availability of Work from Home: This provision was introduced by the amendment act and the option can be availed of after the period of maternity leave, for a duration that is mutually decided by the employer and the woman.
  • Crèche Facilities: Every establishment with 50 or more employees needs to provide a crèche facility within a prescribed distance as per Section 11A.
    • The woman will be allowed four visits to the crèche in a day which will be included in her interval for rest.
  • Maternity Leave for Adoptive and Commissioning Mothers: The Bill introduces a provision to grant 12 weeks of maternity leave to:
    • A woman who legally adopts a child below three months of age; and
    • A commissioning mother (A commissioning mother is defined as a biological mother who uses her egg to create an embryo implanted in another woman.)