Maternity Rights Of Women: A Judicial Perspective

Abstract

Maternity rights are fundamental human rights that ensure the health, dignity, and employment security of women during and after pregnancy. These rights encompass maternity leave, healthcare access, protection against workplace discrimination, and the right to return to work post-childbirth. In India, various legislative frameworks, most notably the Maternity Benefit Act, 1961, and subsequent amendments, aim to safeguard these rights. However, the effective realization of these protections often hinges on judicial interpretation and enforcement. The judiciary has played a crucial role in expanding and clarifying the scope of maternity benefits, ensuring equitable treatment, and addressing gaps in implementation. Landmark judgments have underscored the constitutional commitment to gender equality and non-discrimination, reinforcing that maternity rights are not mere statutory entitlements but integral to the right to life and dignity under Article 21 of the Constitution. This paper examines the evolution of maternity rights in India, highlights the judiciary's proactive interventions, and analyzes the ongoing challenges in translating legal provisions into lived realities for working women.