INCLUSION OF MOTHERHOOD: REASSESSING MATERNITY BENEFIT REGIME IN INDIA AND DUTY OF THE STATE

This research critically examines the progressive framework of maternity benefit legislation in India, within a broader social, legal, and developmental context. While the experience of motherhood is inherently personal and biological, it carries substantial legal, economic, and social ramifications, particularly as an increasing number of women participate in the labor market across both formal and informal sectors. The research delineates the historical trajectory of labor rights for women, spanning from pre-constitutional milestones to post-independence reforms that are grounded in constitutional tenets such as equality, dignity, and social justice. The paper further highlights international standards, including those established by the International Labor Organization (ILO) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), highlighting maternity protection as an essential element of gender-responsive social security. It investigates the multifaceted nature of maternity protection, encompassing maternity leave, healthcare, workplace safety, childcare assistance, and monetary benefits, and emphasizes the imperative for inclusive policies that acknowledge both productive and reproductive labor. Particular emphasis is placed on the Maternity Benefit Act and amendments made, as well as centrally sponsored initiatives like the Pradhan Mantri Matru Vandana Yojana (PMMVY), Janani Suraksha Yojana (JSY), and regional programs which seek to provide income security and enhance maternal health. The paper critiques the enduring challenges in implementation and advocates for a universal, inclusive, and enforceable maternity protection framework. One of the most important components of gender-sensitive social protection is maternity protection, which is essential in advancing workplace gender equality through laws and policies. Both national laws and international labor standards have gradually increased maternity protection in recognition of the connection between women’s employment and economic growth. Its two primary goals are to protect the health of expectant mothers and their unborn children and to provide women and their families with financial stability throughout pregnancy.