Answer

Ensuring maternal health and workplace equality is essential for fostering inclusive economic growth and social justice. Recognizing this, India amended the Maternity Benefit Act in 2017 to enhance protections for working mothers. While the legislation marked a progressive step toward aligning with global standards, its impact has been uneven.

Key Provisions of Maternity Benefit (Amendment) Act, 2017

• Extended Paid Leave Duration: Women are entitled to 26 weeks of paid maternity leave, up from the earlier 12 weeks.
  Eg. The Maternity Benefit Act, 2017 aligns with ILO Convention 2000, offering extended protection for working mothers in the formal sector.
• Creche Facility Provision: Establishments with 50+ employees must provide creche facilities with daily access rights for mothers.
• Information on Benefits at Joining: Employers must inform women of maternity rights during hiring.
• Work-from-Home Flexibility: Post-maternity, women may work from home based on mutual agreement and nature of work.
• Adoptive and Commissioning Mothers: Provision of 12 weeks leave for adoptive and commissioning mothers.
  Eg. MB Amendment 2017 reflects India’s shift toward inclusive reproductive rights, supporting non-biological parenthood.

Factors Affecting Equitable Implementation in Private and Informal Sectors

• Limited Sectoral Coverage: The Act covers only the formal sector, excluding 90% of working women in informal jobs.
• Employer Non-Compliance: Many private firms ignore mandates due to cost concerns and weak enforcement.
  Eg. Oxfam India (2022) found that 98% of the employment gap is due to gender discrimination, reinforced by reluctance to hire women.
• Lack of Awareness: Many women are unaware of maternity entitlements, especially in unregulated industries.
• Contractualisation of Jobs: Maternity rights often don’t apply to temporary or contractual employees.
  Eg. Delhi HC (2023) held DU’s dismissal of a maternity leave-seeking contract employee as inhumane and unconstitutional.
• Social Norms and Employer Bias: Employers view women as unreliable due to caregiving roles.
  Eg. PLFS 2022–23 reflects India’s low female labour force participation rate of 37%, partly due to discriminatory hiring practices.

Global Best Practices for Maternity and Family Leave

• Gender-Neutral Parental Leave: Countries like Sweden provide shared parental leave, promoting equal caregiving.
  Eg. Sweden (1974) introduced gender-neutral leave, challenging gendered assumptions and supporting workplace equity.
• Universal Coverage Model: France and Germany link benefits to citizenship, not employment type.
  Eg. France’s system offers benefits even to unemployed mothers, reducing exclusion.
• ILO Standards: The ILO Maternity Protection Convention, 1919, mandates paid leave, job security, and nursing breaks.
• Paternity Leave Inclusion: Norway and Finland offer generous paternity leave to balance care responsibilities.
  Eg. Unlike India, Finland allows 54 weeks parental leave, promoting shared caregiving and reducing discrimination.
• State-Funded Leave: In many OECD countries, the state shares the cost, reducing employer burden.
  Eg. Germany’s Elterngeld system ensures 65% wage replacement, encouraging employers to hire women without bias.

Legal frameworks like the Maternity Benefit (Amendment) Act, 2017 represent a step forward in recognizing women’s reproductive rights. However, true gender equity requires universal coverage, paternity inclusion, and strong enforcement, especially across private and informal sectors, to bridge the implementation gap.

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