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Labour law ............, Summaries of Labour Law

Labour law assignment ...... just demo I m checking how to upload

Typology: Summaries

2024/2025

Uploaded on 04/21/2025

chandan-sha
chandan-sha 🇮🇳

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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.
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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.

STATEMENT OF THE PROBLEM

Despite the existence of progressive legislation such as the Maternity Benefit Act, 1961 and its subsequent amendments, a significant proportion of working women in India continue to face challenges in accessing maternity benefits. The problem is especially acute in the unorganized and informal sectors, which employ the majority of women, where legal protections are either poorly implemented or altogether absent. Even within the formal sector, many women encounter issues such as lack of awareness of their rights, employer non-compliance, fear of job loss during or after maternity leave, and inadequate workplace support systems like crèche facilities. This gap between the legal framework and the actual experience of working women highlights a systemic problem: while laws exist on paper, their enforcement and accessibility remain insufficient, perpetuating gender inequality in the workforce. The core problem, therefore, is the ineffective implementation and limited coverage of maternity benefit rights for working women in India, which not only affects their health and economic security but also limits their long-term participation and advancement in the workforce. RESEARCH QUESTIONS

  1. What are the legal rights and provisions available to working women in India under the Maternity Benefit Act and other relevant labor laws?
  2. To what extent are maternity benefits effectively implemented in both the formal and informal sectors in India?
  3. What are the major challenges faced by working women in accessing maternity benefits, particularly in unorganized employment sectors?
  4. How aware are working women of their legal rights concerning maternity benefits?
  5. What role do employers and government agencies play in ensuring compliance with maternity benefit regulations?
  6. What measures can be taken to strengthen the protection and accessibility of maternity benefits for all working women in India, especially those in vulnerable employment situations?