EVOLUTION OF THE PROBLEM
The issue of maternity benefits for working women in India has evolved alongside the country’s
socio-economic development, industrialization, and changing labor demographics. Historically,
Indian labor policies were primarily designed with male workers in mind, neglecting the specific
needs of women in the workforce. The transition from traditional family structures to urban
nuclear families and the rising participation of women in formal and informal employment
brought the question of maternity protection to the forefront.
Pre-Independence Period: During British colonial rule, Indian labor laws were largely driven by
industrial concerns, with little attention given to women's welfare. The ILO's influence in the
early 20th century introduced global conversations on maternity benefits, but these ideas were
slow to translate into national policies.
Post-Independence and the Birth of the Maternity Benefit Act, 1961: Following independence,
the newly sovereign Indian government recognized the need to protect women against
employment discrimination related to pregnancy. The Maternity Benefit Act of 1961 was one of
the earliest social security legislations addressing this gap, entitling women to paid maternity
leave, job security during absence, and protection against dismissal on maternity grounds.
Changing Workforce Patterns: With increasing urbanization and women's education, more
women began to enter the workforce, especially in industries such as textiles, services,
healthcare, IT, and retail. However, the rise in women's participation also highlighted the
inadequacies of the original legislation — particularly for women employed in the informal
sector, contractual jobs, and non-traditional roles.
21st Century and Legislative Amendments: The growth of India’s corporate sector and the push
for gender diversity led to pressure for more inclusive maternity policies. The landmark 2017
amendment to the Maternity Benefit Act extended paid leave from 12 weeks to 26 weeks,
making India’s provisions among the longest in the world. It also introduced mandatory crèche
facilities for establishments with 50 or more employees.
