Which of the following statements is/are correct regarding the Maternity Benefit Amendment Act, 2017? 1. Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave. 2. Enterprises with creches must allow the mother minimum six creche visits daily. 3. Women with two children get reduced entitlements. Select the correct answer using the code given below.
Contents11
- A1 and 2 only
- B2 only
- C3 only
- D1, 2 and 3
Show answer
Answer: (C) 3 only
The correct answer is (C) — 3 only.
Statement 1 is wrong because the Act provides 26 weeks of paid maternity leave (not 3+3 = 6 months). The leave is mostly taken after delivery.
Statement 2 is wrong because employers must allow 4 creche visits a day (not 6).
Statement 3 is correct — women who already have 2 children get only 12 weeks of paid maternity leave instead of 26 weeks.
Tip: Remember 26 weeks for first two children, 12 weeks from the third child onwards.
The Maternity Benefit Amendment Act 2017 increased paid maternity leave from 12 weeks to 26 weeks for the first two children, making it one of the most generous maternity policies globally.
The 2017 amendment became a major current affairs topic because it significantly expanded women's workplace rights and aligned India with international labor standards.
UPSC is testing precise knowledge of the numerical provisions — 26 weeks vs 12 weeks, 4 creche visits vs 6 — rather than general awareness of maternity benefits.
Maternity Benefit Amendment Act 2017
Indian Polity Maternity Benefit Amendment Act 2017 paid leave creche visits two children
Maternity Benefit Amendment Act 2017: Key Provisions & UPSC Traps
26 weeks paid maternity leave for first two children, 12 weeks for subsequent children
Maximum 4 creche visits daily allowed for nursing mothers
Applies to establishments with 10+ employees
Work from home option for women post-maternity leave
Background
The Maternity Benefit Amendment Act 2017 expanded the original 1961 Act to provide better social security for working women. It aligns with Article 42 (DPSP) which directs the State to make provision for just and humane conditions of work and maternity relief.
Leave Entitlements
Category | Paid Leave Duration | Key Condition |
|---|---|---|
First & Second Child | 26 weeks | Can take up to 8 weeks before delivery |
Third Child Onwards | 12 weeks | Reduced entitlement as disincentive |
Adoption (below 3 months) | 12 weeks | From date of adoption |
Commissioning Mother (Surrogacy) | 12 weeks | From date of child handover |
Employer Obligations
Creche facility mandatory for establishments with 50+ women employees
Allow 4 nursing breaks daily for mothers using creche (not 6)
Work from home option after maternity leave period ends
Display rights information at conspicuous places in workplace
Cannot dismiss women during pregnancy or maternity leave period
Question Context
This 2019 UPSC question tested specific numerical details of the Act. Statement 3 was correct — the Act intentionally reduces benefits for women with more than two children to align with population control objectives. Statements 1 and 2 contained numerical traps — common wrong figures that sound plausible.
Trap: Confusing 26 weeks with '3+3 months' (which equals 24 weeks) — UPSC uses this near-miss frequently
Trap: Mixing up 4 creche visits with 6 daily visits — remember the actual legal limit
Trap: Thinking all women get same benefits — the Act deliberately reduces entitlements after second child
Numerical Memory: 26-12-4 → 26 weeks (first two), 12 weeks (subsequent), 4 visits (creche)
Constitutional Provisions for Maternity Protection
Indian Polity Article 42
Constitutional Framework for Maternity Benefits in India
Article 42 (DPSP) mandates maternity relief for working women
Article 15(3) allows special provisions for women and children
Article 21 includes right to health and livelihood for pregnant women
Constitutional Articles
Article | Provision | Category | Relevance to Maternity |
|---|---|---|---|
Article 15(3) | Special provisions for women & children | Fundamental Right | Enables positive discrimination |
Article 21 | Right to life & personal liberty | Fundamental Right | Includes maternal health |
Article 39(e) | Health & strength of workers | DPSP | Protects working mothers |
Article 42 | Just & humane work conditions | DPSP | Direct mandate for maternity relief |
Legislative Implementation
Maternity Benefit Act 1961 — original legislation under Article 42
2017 Amendment — expanded benefits following Supreme Court guidelines
State variations — some states provide higher benefits than central law
International alignment — India's 26 weeks approaches ILO Convention 183 (14 weeks minimum)
Trap: Article 42 is DPSP, not Fundamental Right — but enables FR-based litigation under Article 21
Trap: Don't confuse Article 39(e) (worker health) with Article 42 (maternity relief) — both are related but distinct
Social Security Legislation in India
Indian Polity
India's Social Security Framework: Key Labour Protection Laws
4 Labour Codes replaced 29 central labour laws from 2019-2020
ESIC and EPFO provide medical and retirement benefits
Maternity Benefit Act covers 26 weeks paid leave for working women
Major Social Security Laws
Law/Scheme | Coverage | Key Benefit | Implementing Body |
|---|---|---|---|
Maternity Benefit Act 2017 | Women workers (10+ employee establishments) | 26/12 weeks paid leave | State Labour Departments |
ESIC Scheme | Workers earning ≤₹25,000/month | Medical care & cash benefits | Employee State Insurance Corporation |
EPF Act 1952 | Establishments with 20+ employees | Provident Fund & Pension | Employees' Provident Fund Organisation |
Payment of Gratuity Act | Establishments with 10+ employees | Gratuity after 5 years service | Labour Department |
Employees' Compensation Act | All employees | Compensation for work injuries | State Governments |
4 Labour Codes Structure
# Labour Code System
## Wages Code 2019
- Minimum wages
- Payment of wages
- Equal remuneration
## Industrial Relations Code 2020
- Trade unions
- Industrial disputes
- Standing orders
## Social Security Code 2020
- EPF
- ESIC
- Gratuity
- Maternity benefits
## Occupational Safety Code 2020
- Factory safety
- Mine safety
- Dock workersTrap: Social Security Code 2020 subsumes Maternity Benefit Act — but 2017 amendments remain key for UPSC
Trap: ESIC covers workers earning ≤₹25,000/month, EPF covers all employees in applicable establishments
Recent Update: Labour Codes passed but implementation pending — states need to frame rules